PHONE APPLI PEOPLE Service User Agreement

Chapter 1 General Provisions

Article 1 (Purpose)

Phone Appli Inc. (hereinafter, the "Company") has established this PHONE APPLI PEOPLE Service User Agreement (hereinafter, the "Agreement") in order to provide PHONE APPLI PEOPLE (hereinafter, the "Services"), and shall provide the Services to the Subscriber in accordance with the Agreement.

Article 2 (Definitions)

The terms used in the Agreement are defined as follows.

1. ①"User contract" refers to the contract formed to receive provision of the Services from the Company.
2. ②"Subscriber" refers to an individual who has established a User contract with the Company either directly with the Company, directly with one of the Company's partners or a reselling partner of one of the Company's partners (hereinafter, "vendor of Service access rights"), or through a broker.
3. ③"User" refers to third parties who are permitted to use the Services by a Subscriber based on the Agreement.

Article 3 (Scope of the Agreement)

The Agreement shall apply to any and all interactions between the Subscriber and the Company in connection with the Services.

Article 4 (Revision of the Agreement)

1. The Company may revise the Agreement as necessary in accordance with Article 548-4 (Amendment to Standard Terms of Contracts) of the Civil Code.

2. When a revision of the Agreement is made, the Company shall notify of the contents of the Agreement after the revision, and the timing of effectuation by any of the following methods:

1. ①Transmission of email to the email address of the Subscriber's administrator registered by the Subscriber when applying for use or thereafter to the Company. In such instance, the notification to the Subscriber shall be deemed to have been completed as of the time when the Company transmits the email to the email address of the administrator.
2. ②Posting on the Company's website (https://phoneappli.net/product/agreement/) or the Services' website. In such instance, the notification to the Subscriber shall be deemed to have been completed as of the time when the notification is posted.
3. ③Any other method deemed appropriate by the Company. In such instance, the notification to the Subscriber shall be deemed to have been completed as of the time designated by the Company in the relevant notification.

3. After the revision of the Agreement comes into effect, in addition to the cases of each item of Section (1) of Article 548-4 of the Civil Code, when the Subscriber uses the Services or pays the usage fees without a specific proposal, or in any other case where the Company deems that the Subscriber has approved the revision without any special objection, the Company shall deem that the Subscriber has consented to such revisions and the revised Agreement shall apply.

Article 5 (Service Contents)

1. The contents of the Service provided by the Company to the Subscriber and Users are as enumerated below.

1. ①Enables Linkage contact information as a Web-based telephone directory on the cloud;
2. ②Enables "business card management" in addition to contact information (including a business card importing feature). It shall be noted that in business card importing, of the "LBC Service Linkage" provided in Article 26, Item 4 hereof, anything other than "manual input service" shall be provided in accordance with the terms and conditions set forth in said item;
3. ③Enables incoming message notification feature;
4. ④Provides other functionalities and services separately provided based on the subscription plan (Appendix 2 or other plans separately informed of. *Plans separately informed of shall prevail over Appendix 2), in addition to those provided in the preceding three items. In addition, except for Article 26 (Additional Services), "Services" in the Agreement shall include additional services and functionalities and services separately specified according to the subscription plan in addition to the additional services unless explicitly excluded.

2. When using the Services, the Subscribers and/or Users must comply with the provisions of the Agreement. Furthermore, the Subscriber must ensure that Users comply with the Agreement.

3. The Company may outsource operations connected with the Services in whole or in part to third parties by its own responsibility without the advance consent of the Subscriber. However, in such cases, the Company shall be responsible for managing such outsourcers. Moreover, as for the functionalities and services separately specified according to the subscription plan, the provisions of Article 26 (Additional Services), Sections 2 and 3 shall apply mutatis mutandis.

Article 6 (Scope of the Services)

1. The following items are not included in the Services the Company provides, for which the Subscriber shall be responsible for managing and/or handling such matters at their own expense, and the Company shall assume no liability except where specially provided for in the Company's contract agreement, etc.

1. ①Aside from the system on which the Company operates the Services (hereinafter, the "System"), any maintenance or management of computer terminals, telecommunications devices, telecommunications connections, or other network equipment (devices making up the Internet connected directly or indirectly with the System),
2. ②Recovery from interruption or malfunction of the Services for any of the following reasons:
   • ａ.Reasons arising from devices or equipment stipulated in the preceding item,
   • ｂ.Improper use of the Service by the Subscriber or Users, or any other reasons attributable to the Subscriber or Users,
   • ｃ.Willful misconduct or negligence of a third party,
   • ｄ.Reasons attributable to neither the Subscriber nor the Company, such as power outages, fires, earthquakes, or labor disputes.
3. ③Responding to inquiries and requests, etc., from Users regarding the Services (except in cases of direct sales or brokering),
4. ④In addition to those enumerated in the preceding three items, any matters not clearly defined as the Company's responsibility in the Agreement.

Article 7 (Account Management Responsibility)

1. The Subscriber shall be responsible for managing the ID and password for Users to access the System (hereinafter, "ID"), and the Company shall assume no liability for any damage arising from the leak, misuse, or unauthorized use thereof by a third party (including the Users; the same shall apply hereinafter in this article).

2. Use of the Services by a third party through an ID allocated to the Subscriber shall be regarded as use by the Subscriber, irrespective of whether there is any negligence on the part of the Subscriber regarding the management of said ID.

3. In the event the Company suffers damage through leak, misuse, or unauthorized use by a third party of an ID or password, the Subscriber shall be liable to indemnify the Company for any and all such damage.

4. In the event a third party suffers damage through leak, misuse, or unauthorized use by a third party of an ID or password, the Subscriber shall be liable to indemnify for such damage at their own expense, and shall impose no liability on the Company.

Article 8 (Prohibited Acts)

1. The Subscriber and Users shall not engage in any of the following acts when using the Services:

1. ①Acts which will or may violate the law;
2. ②Acts which violate the public order and morality;
3. ③Acts which will or may obstruct use by other Subscribers;
4. ④Unauthorized access to the hardware (cloud platform) or software which compose the Services, as well as cracking and other such acts which interfere with equipment, etc.;
5. ⑤Acts which will or may hinder provision of the Services;
6. ⑥Analysis or reverse engineering of the software which composes the Services, or any other attempts to acquire the source code;
7. ⑦Use of other Users' ID or attempts to acquire the same;
8. ⑧Accessing, modifying, or tampering with the data of other Subscribers, or acts likely to result in the same;
9. ⑨Acts of registering in the Services the sensitive personal information (as for EEA personal data in Article 12, Section 4, information on sex life, sexual orientation, or labor unions shall be included) provided in the Personal Information Protection Act (Act on the Protection of Personal Information (Act No. 57 of May 30, 2003)) and the Number Act (Act on the Use of Numbers to Identify Specific Individuals in Administrative Procedures (Act No. 27 of May 31, 2013)), and individual number (My Number).

2. In the event that the Company determines the Subscriber or a User has violated any of the provisions of the preceding Section, the Company may demand that the Subscriber desist from such activity, and may cease provision of the Services to the Subscriber immediately if the Subscriber does not comply. Additionally, in the event it is urgently necessary, the Company may cease provision of the Services to said Subscriber or User without requesting corrective action in advance.

Article 9 (Responsibility for Use of the Services）

1. The Subscriber shall bear full responsibility for use of the Services, any and all activity within the Services (registering, accessing, deleting, and transmitting data, etc.), and the consequences thereof.

2. In the event a claim or demand is lodged with the Company by another User or third party in connection with the use of the Services by a Subscriber or Users, the Subscriber shall be responsible for responding to and resolving said claim or demand at their own expense. In the event the Company suffers damage due to such a claim or demand (including reasonable amount of legal fees), the Subscriber shall indemnify for such damage.

3. The Subscriber shall be responsible for the security of all necessary data with respect to the information, etc., input, provided, or transmitted by the Subscriber in connection with use of the Services. In addition, in the event the Company loses the data used by the Subscriber due to failure of the cloud platform which provides the Services, or other similar reasons, the Company separately logs and archives such data for the purposes of restoration for a fixed period of time, however the Company does not bear any obligation to restore data.

4. The Company does not guarantee that there is no defect in the software which composes the Services, that faults will not occur, or that the Subscriber or Users will not suffer any losses via the use of the Services by the Subscriber or Users, such as the destruction or loss of data transmitted by the Subscriber or Users due to a malicious actor, and the Subscriber and Users shall acknowledge this before using the Services at their own discretion.

5. The Subscriber shall be directly accountable to the Company for all activity by Users in connection with use of the Services.

6. In the event that the Subscriber or Users suffer damage due to measures taken by the Company under Sections 2 through 4, the Company shall assume no liability to indemnify for such damage. However, in the event a data leak as referred to in Section 4 is caused by the willful misconduct or gross negligence of the Company, the Company shall assume indemnity liability as prescribed in Article 21, Section 4.

7. In the Services, the functionalities available to the Subscriber (including Article 26 (Additional Services)) will differ depending on the subscription plan (Appendix 2) specified by the Company. In addition, if the administrator or User of the Subscriber uses a functionality for which the application has not been made, the functionality may become unavailable or data may be lost due to control based on the subscription plan specified by the Company. The Company shall not be held responsible for any losses incurred by the Subscriber due to the use of functionalities for which the Subscriber has not applied to the Company.

Article 10 (Supervisory Duties of the Subscriber)

1. The Subscriber shall appoint a supervisor over use of the Services, and shall notify the Company of said supervisor's name and email address via the vendor of Service access rights. The same shall apply when changing the supervisor.

2. The supervisor stipulated in the preceding Section shall perform the following functions enumerated below:

1. ①Sending and receiving messages between the Subscriber and the Company or its partners in relation to the Services, and conducting necessary consultation, etc.;
2. ②Providing necessary instructions, etc., to the Subscriber's internal staff and Users to ensure proper use of the Services;
3. ③All other matters separately agreed between the Company and the Subscriber in addition to those stipulated in the preceding items.

Article 11 (Confidentiality)

1. The Company and the Subscriber shall use confidential information that belongs to the other party of a commercial, technical, or other business-related nature (including the contents of the User contract, etc.) acquired through use of the Services solely for use of the Services, and shall not disclose or leak such information to third parties (including Users) without the consent of the other party. However, in the event that the disclosure of information is requested under laws or ordinances, the party shall comply with legal provisions after giving written notice to the other party.

2. The information enumerated in the following items shall not be considered to fall under confidential information as referred to in this article:

1. ①Information already publicly known, and information made publicly known subsequent to its disclosure through no fault of the Subscriber;
2. ②Information possessed previous to acquisition through the Services;
3. ③Information developed or discovered without reliance on information acquired via the Services;
4. ④Information legally obtained from a third party who possesses legitimate rights and is not under confidentiality obligations.

3. The provisions of this article shall remain in effect for a period of three (3) years following the termination or expiration of the User contract.

Article 12 (Handling of Personal Information)

1. In providing the Services, the Company shall handle the personal information of the Service Subscribers acquired by itself (hereinafter, "subscriber personal information" in this article) in accordance with the provisions of the Company's Privacy Policy and the governing laws of bases where the Services are provided.

2. In principle, the Company shall disclose subscriber personal information held by the Company when requested by the Service Subscribers.

3. When a Subscriber makes a request as set forth in the preceding Section and receives disclosure of the personal information (if the applicable subscriber personal information does not exist, including notification to that effect), the Subscriber shall be required to pay the fee separately specified by the Company.

4. The Company shall conduct processing or reprocessing of data including personal information from the European Economic Area (hereinafter referred to as "EEA Personal Data," which is information about individuals entered into the Services by the Subscribers or Users for the purpose of management and use within the Services, and is all information relating to identified or identifiable natural persons that can be identified directly or indirectly by referring to identifiers such as name, company name, department name, title, job duties, contact information (including telephone number, email address, and address), facial photograph, etc.) for the purpose of providing the Services. In such instance, the Company shall take appropriate action as processor, in accordance with Article 28 of the Regulation of the European Parliament and of the Council of Europe on the protection of natural persons regarding the handling of EEA Personal Data, and free transfer of said data, as well as the abolition of Directive 95/46/EC (General Data Protection Regulation). In addition, the handling of personal data by the Company is as follows.

1. ・Subjects of handling and types of personal data:
   

   EEA Personal Data (information about individuals entered into the Services by the Subscribers or Users for the purpose of management and use within the Services, and is all information relating to identified or identifiable natural persons that can be identified directly or indirectly by referring to identifiers such as name, company name, department name, title, job duties, contact information (including telephone number, email address, and address), facial photograph, etc.)

2. ・Nature and purpose of handling:
   

   To provide the Services

3. ・Types of personal data and types of data subjects:
   

   Individuals entered into the Services for the purpose of management and use within the Services by Subscribers and Users

4. ・Period of handling:
   

   During the period when the Subscriber registers EEA Personal Data in the Services

5. If the Subscriber registers EEA Personal Data in the Services, the Company shall handle such data for the purpose of providing the Services during the period in which the Subscriber registers the EEA Personal Data in the Services.

6. Subscribers and Users shall comply with Regulation of the European Parliament and of the Council of Europe on the protection of natural persons regarding the handling of EEA Personal Data, and free transfer of said data, as well as the abolition of Directive 95/46/EC (General Data Protection Regulation) and other laws and regulations.

Article 13 (Use of Information by the Company)

1. In order to conduct statistical research for the purposes of improving the Services as well as service maintenance and management, the Company shall use statistical data on the Subscriber's use of the Services, use frequency of pages and items, terminal operating conditions, operational conditions, input device conditions, and telecommunications conditions, analyzing this data within the extent necessary for statistical research to utilize it in a secondarily processed form, and the Subscriber shall consent to such statistical research and utilization of data in a secondarily processed form.

2. The Company may acquire information on use of the Services from Subscribers and/or Users, or request feedback provision relating to the Services from Subscribers and/or Users. Subscribers shall consent to the Company's use of the contents of such information on use or feedback during the period of Service contract and after the expiration or termination of the Service contract.

3. The Company may acquire the information as referred to in the preceding Section at the Subscriber level as various configuration values and statistical numeric values that reflect status of use and will contact the Subscriber for the purpose of providing guidance on use and utilization of the Services and related services based on the results of the analysis.

Article 14 (Disclosure of Use Cases)

The Company may disclose the Subscriber's company name as a company that has adopted the Services on the website for the Services, etc., unless a request from the Subscriber refusing disclosure is received in advance.

Article 15 (Ownership of Intellectual Property Rights)

The copyrights, industrial property rights, and all other such intellectual property rights pertaining to all programs, software, services, procedures, designs, and trade names, etc., which compose the operating environment of the System and the Services shall belong to the Company or other legal rights holders, and not be transferred to the Subscriber or Users, nor may they be licensed to the Subscriber or Users for use beyond the extent stipulated in the Agreement.

Article 16 (Response upon Confirmation of Faults)

1. In the event the Subscriber discovers any bugs or faults, etc., in the Services, they shall promptly contact the vendor of Service access rights or the Company to that effect. In the event a bug comes to light, the Subscriber shall cooperate with requests for fault isolation, etc., from the Company's partners or the Company itself as necessary.

2. The Company shall notify the Subscriber's administrator and the senior manager in charge of the partnership with the Company of the details of the fault via email, etc., through the Company's technical support staff.

Article 17 (Suspension of Provision of the Services）

1. The Company may suspend provision of the Services in whole or in part with advance notice (or notice after the fact in case of an emergency) to the Subscriber for any of the reasons enumerated below:

1. ①When performing operations such as regular or emergency maintenance on the System;
2. ②When trouble, etc., occurs with the System;
3. ③When provision of the Services is difficult due to power outages, fires, earthquakes, labor disputes, or other such grounds not attributable to the Company;
4. ④In addition to the preceding items, any other reasonable operational or technical grounds pertaining to the System.

2. In the event the Subscriber or Users suffer damage due to suspension of provision of the Services pursuant to the preceding Section, the Company shall assume no liability to indemnify for such damage.

Article 18 (Termination of Provision of the Services by the Company)

1. The Company may terminate provision of the Services in whole or in part without advance notice for any of the reasons enumerated below:

1. ①
   • ａ.The Subscriber is subject to a disposition to suspend transactions due to failure to honor promissory notes or checks;
   • ｂ.The Subscriber is subject to a filing for attachment, provisional attachment, provisional disposition, or compulsory auction;
   • ｃ.The Subscriber is subject to a tax delinquency disposition;
   • ｄ.The Subscriber is subject to a filing for commencement of bankruptcy, corporate reorganization, civil rehabilitation, or special liquidation;
   • ｅ.Liquidation proceedings have been commenced due to dissolution of the Subscriber;
   • ｆ.Action has been taken to transfer the whole or a material part of the Subscriber's business to a third party;
   • ｇ.Other deterioration of the Subscriber's financial circumstances, or reasonable grounds demonstrating the risk of such deterioration;
2. ②The Subscriber or Users have obstructed the operation of the Services, or have defamed the Company or a third party;
3. ③There are false or incomplete entries on use application forms, change of use application forms, or other such communications;
4. ④The Subscriber's business license has been revoked or suspended by a supervisory authority;
5. ⑤Grounds have arisen that render it difficult for the Subscriber or Users to comply with the Agreement;
6. ⑥The Subscriber or Users have been revealed to be an organization engaged in anti-social activities, or an organization affiliated with such activities;
7. ⑦The Subscriber or Users have loaned, transferred, or put up for collateral their rights and obligations under the User contract in whole or in part, irrespective of whether there is a profit-making purpose;
8. ⑧Any other violation of the provisions of the Agreement, etc.

2. In the event that the Subscriber or Users suffer damage due to termination of provision of the Services by the Company in accordance with the preceding Section, the Company shall assume no liability to indemnify for such damage.

Article 19 (Discontinuation of Provision of the Services)

1. The Company may discontinue provision of the Services for any reason by giving advance notice to the Subscriber.

2. In the event that the Subscriber or Users suffer damage due to discontinuation of provision of the Services by the Company under the preceding Section of this article, the Company shall assume no liability.

Article 20 (Procedures for Discontinuation of the Services)

1. In the event that the Company terminates or discontinues provision of the Services, the Subscriber and Users shall no longer be able to access the Services by any means thereafter, and shall immediately return all goods and data provided by the Company or dispose thereof in accordance with the Company's instructions.

2. In the event a User contract ends for any reason, the Company may immediately delete all data, etc. stored on the Services at its responsibility. Furthermore, the Company shall perform such deletion within one (1) month of the termination or discontinuation of the User contract, but may set a date for deletion specially after consulting with the Users.

Article 21 (Indemnity)

1. In the event that the Subscriber causes damage to the Company due to a violation of the Agreement or other grounds attributable to the Subscriber, the Subscriber shall be liable to indemnify for such damage.

2. In the event that the Subscriber causes damage to a third party (including Users) through use of the Services, the Subscriber shall be responsible for resolving the issue at their own expense, and shall impose no liability upon the Company.

3. The Company shall assume no liability for any consequences arising from the use of the Services affecting the Subscriber or any other party regardless of the cause, such as bugs or faults of the System, cracking into the System by a third party, commercial disputes, or other such grounds.

4. In the event the Company is liable to indemnify the Subscriber, the Company shall indemnify for direct and material damage only, and the total amount of indemnity the Company assumes shall not exceed the total amount of usage fees for the Services paid by the Subscriber either through one of the Company's partners or directly to the Company itself (this refers to the total amount of usage fees for the one year period between the Subscriber's record dates).

Article 22 (Re-Formation of User Contracts)

After a User contract is expired, even if the Subscriber wishes to execute another User contract, and subsequently enters a new User contract, the Company offers no guarantee of the restoration or continued use of data.

Article 23 (Restriction on Assignment, etc.）

The Subscriber may not lend, assign or offer as collateral, etc., the rights to use the Services under their User contract and the Agreement, or obligations thereunder in whole or in part to a third party without obtaining the written approval of the Company in advance.

Article 24 (Exclusion of Anti-social Forces)

1. The Subscriber (including the applicant for service use) and the Company represent that they are not classified as an organized crime group, organized crime group member, associate member of an organized crime group, organized crime group-related company, a corporate racketeer (sokaiya) or similar party, a rogue acting in the name of a social movement (shakai undo nado hyobo goro), a crime group specialized in intellectual crime, or any other equivalent anti-social force, and affirm that this shall continue to remain so in the future.

2. The Subscriber (including the applicant for service use) and the Company affirm that they will not, by themselves, or cause a third party to, engage in pursuit of profits through violent means, unreasonable demands beyond the limits of legal liability, use of threats or violence in connection with business transactions, use of rumors, deception, or force to damage the reputation of a company or obstruct its business; furthering the activities or contributing to the operation of anti-social forces, supplying profits to anti-social forces, or other such equivalent actions.

3. When the other party determines that an investigation is necessary to determine the applicability of the preceding two Sections, the Subscriber (including the applicant for service use) or the Company shall cooperate in the investigation, and must submit any documents deemed necessary for said investigation.

4. When any of the following items applies to the other party, the Subscriber or the Company may terminate the User contract for the Services without requiring any special notice:

1. ①Cases where the provisions of Section 1 apply,
2. ②Cases where the provisions of Section 2 apply,
3. ③Cases where false statements regarding the affirmations in Section 1 and 2 are discovered.

5. In the event of termination of the contract pursuant to the preceding Section by the Subscriber or the Company, the terminating party of the contract shall be exempt from indemnity for damage to the other party arising therefrom, and may demand indemnification for damage from the other party.

Article 25 (Resolution of Disputes)

1. Should any disputes occur regarding the provision of the Agreement or matters not provided in the Agreement, both parties shall engage in good faith consultation and resolve the matter as amicably as possible.

2. The Agreement shall be governed by the laws of Japan.

3. Disputes in connection with the Agreement or the Services shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 26 (Additional Services)

1. The Company will provide the following additional services as options for the Services, when there is an application from the Subscriber (including the case when the Subscriber's administrator has enabled an additional services functionality). However, with respect to (4) "LBC Service Linkage," functionalities other than "Manual Input Service" shall be provided without the need for a separate application from the Service Subscriber under the conditions specified in said item. In addition, if the Company provides additional services free of charge for a certain period of time upon application by a Subscriber of the Services, the Company will not guarantee the service level and will not be held responsible for said additional services during the free of charge period.

1. ①Microsoft Entra ID Linkage (formerly known as Azure AD Linkage)
   The Company will provide a linkage functionality for ID information and "internal contact information" data between Microsoft Entra ID (formerly known as Azure Active Directory) and the Services
   • 1)Microsoft Entra ID environment used for this additional service shall be furnished by the Subscriber, and the Subscriber shall assume responsibility to operate the same.
   • 2)Based on the manual, the Subscriber's administrator shall perform configuration such as selecting the data items to be shared from the data items that can be shared with the prescribed Microsoft Entra ID, and by themselves carry out data linkage of ID information and "internal contact information" from the Microsoft Entra ID.
   • 3)In the event that the cause is outside the scope of the Services as stipulated in Article 6, or due to a configuration error by the Subscriber's administrator, or a malfunction in Microsoft's Azure service or the Subscriber's Microsoft Entra ID environment, the Company shall not be held responsible for any such defects.
   • 4)If the Subscriber's administrator is unable to configure the settings themselves, the Company may be entrusted with the configuration etc. from the Subscriber for a fee after separate consultation.
2. ②PHONE APPLI PLACE
   The Company will provide a functionality to display location information (including area/room name registered by the Subscriber's administrator) of devices with beacon tags and MAC addresses registered in ID information and display this on the registered floor map at the corresponding location using beacons or wireless access points designated by the Company. However, when using a service that links with beacon information that can be shared with the Company, it is not necessarily limited to beacons designated by the Company.
   • 1)Floor maps, beacons, beacon tags, wireless access points, etc. used in this additional service (including systems and services that measure location information, but not including servers that collect tag numbers and location information when using beacons and beacon tags) shall be provided by the Subscriber, and the Subscriber shall be responsible for properly installing, configuring, and managing those.
   • 2)The Company will make no warranty whatsoever of processing speed and accuracy, etc. relating to location information displayed in this additional service.
   • 3)The Company shall not assume responsibility for errors in display or accuracy of location information due to configuration and/or installation of floor maps, beacons, wireless access point settings, malfunctions of the relevant equipment (including systems and services that measure location information), and radio signal conditions.
   • 4)If the Subscriber's administrator is unable to configure the settings themselves, the Company may be entrusted with the configuration etc. from the Subscriber for a fee after separate consultation.
3. ③Business card input service
   The Company will provide a functionality in which machine-printed business card image data is separated at a subcontractor (Regolith Inc.) into a format that makes it impossible to identify individuals, and the subcontractor's operator reads and inputs the divided image data, and registers results on the Services instead of converting the results into characters using the default OCR.
   • 1)If this Additional Service is used, business card image data will be transferred to the subcontractor to the extent necessary for execution of the operations.
   • 2)The Company absolutely does not guarantee the items that are read, input item, processing quality, processing speed, etc. regarding business card reading and input results reflection in this additional service.
   • 3)The Company shall assume the provision of this additional service to the subcontractor at the Company's own responsibility.
4. ④LBC Service Linkage
   The Company will provide a business card maintenance processing functionality in which an LBC service using LBC, which is a database composed of business office codes and company attribute information held by uSonar Co., Ltd. (hereinafter "uSonar") is linked with the Services, business card image data uploaded into the Services using LBC is mechanically processed by OCR (mechanical OCR) or read and converted into text by a uSonar operator (manual input service), and also an LBC code is added to the read result data and registered in the Services. In addition, in mechanical OCR processing and manual input services, the legal personality is a registered abbreviation in parentheses notation, and if the telephone number and fax number are not listed or are unreadable, the LBC number will be registered. Moreover, as for the URL and zip code, they are not read from the business card image, but the LBC data will be registered, and as for the address information as well, the address information checked against the LBC and the matching information will be registered.
   • 1)When using this additional service, business card image data will be delivered to the subcontractor to the extent necessary to carry out the entrusted operation. Note that if the Subscriber uses this additional service, which uses uSonar as a subcontractor for text conversion of business card information, the company name, company address, and department name on the business card will be used to update uSonar's corporate information database (LBC), and in addition, job titles may be used to update an independent job title dictionary database, but job titles and company information will be completely independent and there will be no link between the two.
   • 2)The Company absolutely does not guarantee the items that are read and input, processing quality, processing speed, etc. regarding business card reading and input results reflection in this additional service.
   • 3)The Company shall assume the provision of this additional service to the subcontractor at the Company's own responsibility.
   • 4) If uSonar determines that a Subscriber or User has violated the following prohibited acts, upon request from uSonar, the Company may request the Subscriber to cease the said act, and if the Subscriber does not comply with this request, the Company may immediately cancel the provision of this additional service. In such instance, even if the provision is canceled, the Subscriber's obligation to pay for the additional services that have already been applied for and become available for use will not be extinguished, and the Subscriber will not be able to request a refund of the price. Moreover, the Subscriber shall use the additional services with the understanding that uSonar may claim damages against the Subscriber if uSonar incurs damage due to the following prohibited acts:
     • ａ.Acts that infringe on uSonar's intellectual property rights, including modification, translation, redistribution, use on other servers, modification without permission from uSonar, reverse engineering, or decompiling or disassembling of documents related to the LBC service (not including contact information registered in the Services other than the LBC code);
     • ｂ.Development and operation of products and services similar to the LBC service; or
     • ｃ.Acts of copying, transmitting, or processing (not include copying, processing, or transmitting on the Services of the information registered on the Services) of LBC except for registration of contact information on the Services, management (including backup, name matching, etc.) or other cases as explicitly provided in the Service Use Agreement
5. ⑤Talk functionality
   The Company will provide chat services between Users within the same tenant. Additionally, the Company will provide a functionality for Users to share files with room members by attaching files to one-on-one or group chat rooms.
   • 1)The Subscriber shall appropriately manage the permissions to be able to export the talk log (chat log data) of this additional service. In addition, the Subscriber must thoroughly inform Users of the purpose of use of exported talk logs, such as internal audits and fraud investigations, or obtain consent for the export and use of logs.
   • 2)Talk logs and attached files will not be saved for more than a certain period of time. Additionally, there are file extension restrictions and upload restrictions based on file size for files attached to rooms.
   • 3)The Company does not guarantee that there will be no malfunctions in the functionalities of this additional service, and shall not be responsible for compensation other than for data leakage or loss due to willful misconduct or gross negligence.
6. ⑥Personal safety confirmation functionality
   The Company will provide a functionality for automating the maintenance of the list of people targeted for safety confirmation by updating the list of people covered by the safety confirmation service using the internal contact information of the Services, and display the results of safety confirmation simultaneous reporting based on the set conditions to internal contacts.
   • 1)When applying for this additional service, the Subscriber must designate an administrator, but unless there is a specific request, the Subscriber's administrator shall be the administrator of this additional service.
   • 2)Updating of the subject list and simultaneous reporting are services that share equipment and lines, and are provided on a best-effort basis as communication speed and quality may vary depending on the communications environment, status of use, etc.
   • 3)The Company does not guarantee that this additional service is appropriate or useful for the purpose of use by the Subscriber, that its operation will be uninterrupted, or that its operation will be error-free.
   • 4)The Company will subcontract to NTT Communications Corporation the management of the list of persons targeted for safety confirmation and simultaneous reporting, and entrust them with management of names, department names, email addresses as information on the target list of persons and the acquisition and management of the location information of each subject person when an answer on safety confirmation is given.
7. ⑦User import service
   The Company will provide a functionality that allows updates of internal contract information of the Services to be performed in a batch at a predetermined time once a day by uploading various data in accordance with the format of this additional service from the Subscriber's system to the server designated by the Company using the ID and password issued by the Company to the Subscriber's administrator.
   • 1)This additional service is a service that shares equipment and lines, and is provided on a best-effort basis as the communication speed and quality may vary depending on the communication environment and status of use and there is no guarantee that there will not be any functional defects.
   • 2)If the Subscriber uploads a file that does not conform to the format of this additional service, and if the internal contact information of the Services cannot be updated or if internal contact data is damaged or lost, the Company shall not be liable to the Subscriber.
8. ⑧THANKS functionality
   The Company will provide a functionality by which Users within the same tenant can send thank-you cards (hereinafter, "THANKS cards") with words of gratitude written on them along with points, and Users within the same tenant can press a button to express sympathy for the sent THANKS cards. Additionally, Users will be able to display a list of THANKS cards exchanged by Users or organizational units.
   • 1)THANKS cards are not stored for more than a certain period of time. Also, there is a limit to the number of times users can press the button that shows sympathy for one THANKS card.
   • 2)The Company does not guarantee that there will be no malfunctions in the functionalities of this additional service, and shall not be responsible for compensation other than for data leakage or loss due to willful misconduct or gross negligence.
   • 3)If the Subscriber returns to the user points given to the User within the Subscriber's organization through salary or other means, the Subscriber shall do so in accordance with various laws and regulations, Rules of Employment, employment contracts, internal rules, etc.
9. ⑨Microsoft Intune compatible functionality
   The Company shall be able to support the "MS Intune Mobile Application Management" of Microsoft Intune (hereinafter, "MS Intune") provided by Microsoft in the smartphone version app of the Services, and the "App Protection Policy" can be applied to MS Intune. This will allow Users to operate PHONE APPLI PEOPLE with their own information protection policies.
   • 1)This additional service shall not be compatible with anything other than the smartphone version app of the Services.
   • 2)Users shall be responsible for configuring and operating the app protection policy on MS Intune.
   • 3)Users shall be responsible for configuring and operating the MS Intune compatible function on the Services.
   • 4)The Company does not guarantee that there will be no malfunctions in MS Intune, and shall not be responsible whatsoever for malfunctions arising out of MS Intune.
10. ⑩Domo dashboard display functionality
    The Company provides a functionality that charts the usage status of the THANKS functionality specified in item 8 of this section and allows authorized Users to view it centrally on the dashboard.
    • 1)In providing this additional service, the Company shall entrust storage and dashboard display of company name, department name, name, user ID of the Services, date and time of access to this additional service, type of device, THANKS card-related information (sending date and time, sender, recipient, contents of the messages and the number of points sent, and the number of times the sympathy button was pressed) to Domo, Inc. (772 East Utah Valley Drive, American Fork, UT 84003 USA). Note that data storage and processing will be carried out in Japan.
    • 2)The Company does not guarantee that there will be no malfunctions in the functionalities of this additional service, and shall not be responsible for compensation other than for data leakage or loss due to willful misconduct or gross negligence.
11. ⑪AI Profile Summary functionality
    The Company will provide the additional services, which automatically generates and updates the introductory text on the profile screen within the Services by referring to User information registered by Users themselves, such as one-word messages on internal profiles in the Services, job summaries, skills, tools & technology, qualifications, resume, achievements and awards, as well as the message on the THANKS card related to item 8 of this section.
    • 1)The administrator shall use this additional service after obtaining the consent of the User in advance that the User's profile information registered by the User will be used for this additional service.
    • 2)This additional service shall allow the administrator to set the functionalities to be used.
    • 3)The Company does not guarantee the accuracy, integrity or non-infringement of the rights of third parties of the data generated through the use of this additional service, and shall not be liable to indemnify for such damage, except for data leakage due to willful misconduct or gross negligence.
    • 4)Data processing for this additional service will be outsourced to Microsoft, and Azure Open AI services in regions within Japan will be used.
    • 5)If the Company discontinues the provision of this additional service, the data generated within this additional service shall be used with the prior knowledge that it will not be possible to export or save it.
12. ⑫Other additional services
    The Company shall provide functionalities for linking with other companies' services and other additional services, and shall establish separate terms of use and conditions of provision for each additional service. However, unless such separate provisions are provided, if the Subscriber uses a functionality that links with another company's software and services (hereinafter, "other company services"), the Subscriber shall be deemed to be using the functionality after agreeing to the following conditions. The Subscriber shall contract or install other company services that will be linked with the Services, select the data items to be shared from among the data items that can be shared, set the necessary linkage API, etc., and can share various data with other companies' services at their own responsibility. When such Linkage is carried out, the Subscriber shall agree that the Company and the provider of the relevant other company services will be able to access the data necessary for interoperability between the relevant other company services and the Services. The Company shall assume absolutely no liability for malfunctions due to disclosure, alteration or deletion of data inside the Services and the data within other company services arising out of Linkage with other company services or errors in linkage settings or malfunctions in other company services or in the use environments of the Subscriber of other company services. In addition, if the Subscriber is unable to set up the linkage by themselves, the Company may be entrusted with the configuration, etc. by the Subscriber for a fee after separate consultation, but even in such instance, the Company will not be responsible for any malfunctions caused by the linkage.

2. The Company shall not provide the additional services in the following cases:

1. ①Where it is significantly difficult to provide the additional services due to technical reasons;
2. ②Where there are doubts in terms of laws and regulations to provide the additional services;
3. ③Where the Subscriber who has applied for provision of the additional services has actually neglected or is likely to neglect payment of usage fees of the additional services;
4. ④Where the Subscriber is suspended from use of the Services or has been terminated from the Services pursuant to Article 8;
5. ⑤Where the Subscriber who has applied for provision of the additional services has filed an application including falsified contents; or
6. ⑥Where there are any other significant problems in execution of operations relating to the Services by the Company.

3. The Company will discontinue the additional services in the following cases:

1. ①Where a Subscriber to the Services requests discontinuation of the additional services;
2. ②Where the Services contract that receives provision of the additional services is terminated; or
3. ③Where it has become significantly difficult to provide the additional services due to technical reasons.

Chapter 2 Special Provisions in Direct Contracts (Including Those via Broker)

Article 27 (Formation of Contracts)

The person applying to use the Services shall enter the required information on the Company's quote sheet and the application form prescribed by the Company for the User contract for the Services, and the User contract for the Services shall be established at the point in time at which it is submitted to the Company. Furthermore, the application may be rejected in accordance with the procedures prescribed by the Company within seven (7) business days of application submission, and in such instances, the User contract for the Services shall become void retroactive to the time of application.

Article 28 (Service Usage Fees)

1. The usage fees for the Services, period to be paid for, computation closing date, and date of payment shall be as listed in the quote sheet. Furthermore, the Subscriber shall bear the cost of bank transfer fees and consumption tax, and in the event of revisions to the consumption tax during the contract term, the revised tax rate shall apply for the remaining term of the contract following such revisions.

2. In the event that provision of the Services is discontinued due to the circumstances of the Company pursuant to Article 19 during a period for which payment for use of the Services has already been made, the Company shall refund the service usage fees already paid for the remaining period of use to the Subscriber at such time as the service is discontinued.

3. In the event of contract termination under Articles 18 and 24, the Company shall make no refund whatsoever of service usage fees already paid.

Article 29 (Contract Term)

1. The contract term of a User contract for the Services shall be a period of one (1) year from the commencement date of use. However, unless there is a request to reject renewal or request to alter the contract terms in writing from the Subscriber or the Company within thirty (30) days of the expiration of the contract term, the User contract for the Services shall be renewed with the same terms for an additional period of one (1) year, and the same shall apply thereafter. Furthermore, the expiration of any added contract terms shall coincide with that of the User contract for the Service prior to addition.

2. In principle, the Subscriber may not cancel a User contract for the Services during the contract term. In the event of full or partial cancellation of the contract due to the Subscriber's circumstances, as a contract cancellation fee, the Subscriber must pay service usage fees for the period between the day following the contract cancellation date approved by the Company and the original expiration date of the contract term. If fees have already been paid, the amount shall be applied to the balance, and if insufficient, the remaining amount must be remitted within thirty (30) days of the cancellation date.

Appendix 1

Special Provisions on General Data Protection Regulation Conditions

These Special Provisions on General Data Protection Regulation Conditions (hereinafter, "Special Provisions") set out the obligations of both parties regarding data processing between the Service Subscriber and the Company in the provision of the Services. Please note that these Special Provisions shall apply if the Service Subscriber is the personal data administrator and the Company is the processor.

1. Definition
The following terms used in these Special Provisions have the meanings specified below. All terms defined and used in the Service Use Agreement shall have the same meanings in these Special Provisions unless otherwise specified.

"Affiliate" refers to, in relation to an entity, another entity that is controlled by or controls the relevant entity, or is under common control with the relevant entity.

"Control" refers to the power to direct the management and policies of an entity through voting rights, contracts, etc.

"(Data) Controller" refers to the person who, alone or jointly with others, determines the purposes and means of the processing of personal data.

"Standard Contractual Clauses (Processor)" refers to the Standard Contractual Clauses adopted by the European Commission pursuant to European Commission Decision C (2010) 593, as may be updated as needed.

"GDPR" refers to the Regulation (EU) 2016/679, established by the European Parliament and the Working Group on April 27, 2016, with the aim of protecting individuals with respect to the processing of personal information and the free transfer of data and which is successor to the EU Data Protection Directive (95/46/EC).

"Personal data" refers to all information relating to identified or identifiable natural persons that can be identified directly or indirectly by referring to identifiers such as name, company name, department name, job duties, title, contact information (including email address and address), facial photograph, etc.

"Process" or "processing" refers to any operation or a series of operations that is performed on personal data or on collections of personal data, whether or not it is by automated means, such as retrieving, recording, editing, structuring, storage, modification or alteration, recovery, referencing, use, disclosure by transfer, dissemination or otherwise making dissemination available, alignment or combining, restricting, erasing or destroying.

"(Data) Processor" refers to a person who processes personal data on behalf of the Subscriber.

"Subcontractor" refers to another processor not under direct control of the Company to whom the Company entrusts the processing of personal data.

2. Special Provisions on processing personal data by the Company
The Company shall, regarding the handling of EEA personal data, comply with the Regulation of the European Parliament and of the Council of Europe on the protection of natural persons regarding the handling of EEA personal data, and free transfer of said data, as well as the abolition of Directive 95/46/EC (General Data Protection Regulation) and other laws and regulations.

3. Use of subcontractors
3.1 The Service Subscriber shall agree to the addition of a subcontractor that handles personal data, and will obtain consent from the Users as necessary. The Company shall maintain a list of all subcontractors and disclose them in Appendix 1-1. If the Company plans to add a new subcontractor, the Company will indicate the effective date of the contract with the new subcontractor in Appendix 1-1. The Service Subscriber shall periodically check the list, and if there is an objection regarding the addition of a new subcontractor, the Service Subscriber may state objections within an appropriate period (at the latest within thirty (30) days from the last update date of the list) if there are legitimate grounds for the relevant subcontractor's ability to protect personal data or comply with personal data protection requirements. If the objection is based on reasonable grounds, the Service Subscriber and the Company will hold consultations in good faith to resolve the objection.

3.2 Regarding the processing of personal data, the Company guarantees that the Company has written contracts with subcontractors that process personal data or other means based on EEA law. Such contracts or such means shall impose on subcontractors the same data protection obligations as those imposed on processors under these Special Provisions, and shall ensure that subcontractors take appropriate technical and organizational safeguards.

Appendix 1-1: List of subcontractors

Regolith Inc. 2F Hulic Mita Building, 5-25-11 Shiba, Minato-ku, Tokyo
uSonar Co., Ltd. 15F Tokyo Opera City, 3-20-2 Nishi-Shinjuku, Shinjuku-ku, Tokyo
NTT Communications Corporation Otemachi Place West Tower, 2-3-1 Otemachi, Chiyoda-ku, Tokyo

Appendix 2

Specifications of functionalities included in the plan (March 29, 2024 ver.)
　https://phoneappli.net/product/agreement/renraku/pdf/plan_meisai.pdf　※The Japanese text

Supplementary Provisions ※The Japanese Text
(Date Effective)
This Agreement was enacted July 3, 2017, and is in effect from that date.
This Agreement was revised November 6, 2018, and is in effect from that date.
This Agreement was revised February 15, 2019, and is in effect from that date.
This Agreement was revised April 9, 2019, and is in effect from that date.
This Agreement was revised July 30, 2019, and is in effect from that date.
This Agreement was revised October 30, 2019, and is in effect from that date.
This Agreement was revised March 24, 2020, and is in effect from March 31, 2020.
This Agreement was revised November 24, 2020 due to change of service name, and is in effect from that date.
This Agreement was revised April 26, 2021, and is in effect from that date.
This Agreement was revised October 5, 2021, and is in effect from October 18, 2021.
This Agreement was revised April 28, 2022, and is in effect from that date.
This Agreement was revised August 31, 2022 due to commencement of provision of a new plan, and is in effect from that date.
This Agreement was revised September 30, 2022, and is in effect from that date.
This Agreement was revised October 28, 2022 as a result of deletion of former service name, and is in effect from that date.
This Agreement was revised July 10, 2023, and is in effect from that date.
This Agreement was revised October 27, 2023, and is in effect from that date.
This Agreement was revised December 22, 2023 due to change of service name, and is in effect from that date.