This text is provided for reference purpose only. The Japanese text in following URL to be true.
PHONE APPLI PEOPLE (formerly known as Renraku) Service User Agreement
Article 1 General Provisions
- Section 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 Service"), and shall provide the Service to the subscriber in accordance with the Agreement.
- Article 2 (Definitions)
- The terms used in the Agreement are defined as follows.
- ①"User contract" refers to the contract formed to receive provision of the Service from the Company.
- ②"Subscriber" refers to an individual who has formed 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 "User" refers to third parties who are permitted to use the Service by a subscriber based on
- Section 3 (Scope of the Agreement)
- The Agreement shall apply to any and all interactions between the subscriber and the Company in connection with the Service.
- Article 4 (Revision of the Agreement)
- The Company may revise the Agreement as necessary. When revisions are made, the revised user agreement shall be released on the Service's website.
- 2.When the Agreement has been revised, the revised Agreement shall govern any and all interactions between the subscriber and the Company in connection with the Service.
- Article 5 (Service Contents)
- The contents of the Service provided by the Company to the subscriber and users are as enumerated below.
- ① Enables sharing contact information as a Web-based telephone directory on the cloud.
- ② Enables "business card management" in addition to contact information (including a business card importing feature).
- ③ Enables incoming message notification feature.
- ④Provides various other additional services through the Company's applications, etc.
- 2.When using the Service, the subscriber and users must obey the provisions of the Agreement. Furthermore, the subscriber must ensure that users obey the Agreement.
- 3.The Company may outsource operations connected with the Service 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.
- Article 6 (Scope of the Service)
- The following items are not included in the Service 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.
- ①Aside from the system on which the Company operates the Service (hereinafter, "the System"), any maintenance or management of computer terminals, telecommunication devices, telecommunication connections, or other network equipment (devices forming the Internet connected directly or indirectly with the System)
- ②Recovery from interruption or malfunction of the Service 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.The malice or error of a third party
- ｄ.Reasons not attributable to the subscriber or the Company, such as a power outages, fires, earthquakes, or labor disputes
- ③Responding to inquiries and requests, etc., from users regarding the Service (except in cases of direct sales or brokering)
- ④ In 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)
- 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 damages arising from the leaking of such, user error, or unauthorized use by a third party (including the users; hereinafter the same shall apply in this article).
- 2.Use of the Service by a third party through an ID allocated to the subscriber shall be regarded as use by the subscriber, absent the requirement of any fault on the part of the subscriber regarding the management of said ID.
- 3.In the event the Company suffers damages through the leaking or misuse of an ID or password, or through unauthorized use, etc., by a third party, the subscriber shall be liable to indemnify the Company for all such damages.
- 4.In the event a third party suffers damages through the leaking or misuse of an ID or password, or through unauthorized use, etc., by a third party, the subscriber shall be liable to indemnify such damages at their own expense, and shall impose no liability on the Company.
- Article 8 (Prohibited Acts)
- The subscriber and users shall not engage in any of the following acts when using the Service.
- ①Acts which violate the law or are likely to do so
- ②Acts which violate the public order and morality
- ③Acts which obstruct use by other subscribers or are likely to do so
- ④Unauthorized access to the hardware (cloud platform) or software which compose the Service, as well as hacking and other such acts which interfere with equipment, etc.
- ⑤ Acts which hinder provision of the Service or are likely to do so
- ⑥Analysis or reverse engineering of the software which composes the system, or any other attempts to acquire the source code
- ⑦Use of another user's ID or attempts to acquire same
- ⑧Accessing, modifying, or tampering with the data of other subscribers, or acts likely to result in same
- 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 Service 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 Service to said subscriber or user without requesting corrective action in advance.
- Article 9 (Responsibility for Use of the Service）
- The subscriber shall bear full responsibility for use of the Service, any and all activity within the Service (recording, 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 Service by the 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 damages due to such a claim or demand (including significant legal fees), the subscriber shall indemnify such damages.
- 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 Service. Additionally, in the event the Company loses the data used by the subscriber due to failure of the cloud platform which provides the Service, etc., while the Company separately logs and archives such data for the purposes of restoration for a fixed period of time, the Company does not bear any obligation to restore data.
- 4.The Company does not guarantee that the absence of defects in the software which composes the Service, that faults will not occur, or that the subscriber or users will not suffer any losses via the use of the Service 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 Service 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 Service.
- 6.In the event that the subscriber or users suffer damages due to measures taken by the Company under Articles 2 and 4, the Company shall assume no liability to indemnify such damages. However, in the event of a data leak caused by the intention or gross error of the Company as stipulated in Section 4, the Company shall assume indemnity liability as prescribed in Article 21, Section 4.
- Article 10 (Supervisory Duties of the Subscriber)
- The subscriber shall appoint a supervisor over use of the Service, 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 clause shall perform the following functions enumerated below.
- ①Sending and receiving messages between the subscriber and the Company or its partners, and conducting necessary consultation, etc.
- ②Providing necessary instructions, etc., to the subscriber's internal staff and users to ensure
proper use of the Service.
- ③All other matters separately agreed between the Company and the subscriber in addition to those stipulated in the preceding items.
- Article 11 (Confidentiality)
- The Company and the subscriber shall use confidential information belonging to the counterparty of a commercial, technical, or other business-related nature (including the contents of the user contract, etc.) acquired through use of the Service solely for use of the Service, and shall not disclose or leak such information to third parties (including users) without the consent of the counterparty. However, in the event that the disclosure of information is requested pursuant to a law or ordinance, the Company shall comply with legal provisions after giving written notice to the counterparty.
- 2. The information enumerated in the items below shall not be considered confidential information for the purposes of this article.
- ①Information already publicly known and, subsequent to its disclosure, information made publicly known through no fault of the subscriber
- ②Information possessed previous to acquisition through the Service
- ③Information developed or discovered without reliance on information acquired via the Service
- ④Information legally obtained from a third party who possesses legitimate rights and is not under an obligation to confidentiality
- 3.The provisions of this article shall remain in force for a period of 3 years following the cessation of the user contract.
- Article 12 (Handling of Personal Information)
- Article 13 (Use of Information by the Company)
- In order to conduct statistical research for the purposes of improving the Service and service maintenance, the Company shall use statistical data on the subscriber's utilization of the Service, utilization frequency of pages and items, terminal operation conditions, operating conditions, input device conditions, and telecommunication conditions, analyzing these data within the extent necessary for statistical research to utilize them in a secondarily processed form, and the subscriber shall consent to such statistical research and utilization of data in a secondarily processed form.
- Article 14 (Disclosure of Use Cases)
- The Company may disclose the subscriber's company name as a company which has adopted the Service on the website for the Service, etc., unless a request from the subscriber denying disclosure is received in advance.
- Article 15 (Reversion of Intellectual Property Rights)
- The copyrights, industrial property rights, and all other such intellectual property rights pertaining to all programs, software, services, procedures, trademarks, and trade names, etc., which compose the operating environment of the System and the Service revert to the Company or other legal rights holders, and are not ceded to the subscriber or users, nor may they be used by the subscriber or users beyond the extent stipulated in the Agreement.
- Article 16 (Response upon Confirmation of Faults)
- In the event the subscriber discovers any bugs or faults, etc., in the Service, they shall promptly contact the vendor of Service access rights or the Company to that effect. In the event a bug occurs, 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 contract manager and the management of the Company's partners of the details of the fault via email, etc., through the Company's technical support staff.
- Article 17 (Suspension of Provision of the Service）
- The Company may suspend provision of the Service in whole or in part without advance notice (or after the fact in case of an emergency) to the subscriber for any of the reasons enumerated below.
- ①When performing operations such as regular or emergency maintenance on the System
- ②When trouble, etc., occurs with the System
- ③When provision of the Service is difficult due to power outages, fires, earthquakes, labor disputes, or other such grounds not attributable to the Company
- 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 damages due to suspension of provision of the Service pursuant to the preceding section, the Company shall assume no liability to indemnify such damages.
- Article 18 (Termination of Provision of the Service by the Company)
- The Company may terminate provision of the Service in whole or in part without advance notice for any of the reasons enumerated below.
- 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 garnishment, provisional garnishment, provisional disposition, or compulsory auction
c The subscriber is subject to coercive tax collection
d The subscriber is subject to a filing for bankruptcy, company reorganization, civil rehabilitation, or commencement special liquidation
e Liquidation proceedings have been commenced due to dissolution of the company
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
- The subscriber or users have obstructed the operation of the Service, or have defamed the Company or a third party
- False or incomplete entries on user application forms, user revision application forms, or other such communications
- The subscriber's business license has been revoked or suspended by a supervisory authority
- Grounds have arisen which render it difficult for the subscriber or users to comply with the Agreement
- The subscriber or users have been revealed to be an organization engaged in anti-social activities, or an organization affiliated with such
- The subscriber or users have loaned, transferred, or put up for collateral their rights and obligations under the Agreement in whole or in part, absent any requirement of a profit motive
- （2）Any other violation of the provisions of the Agreement, etc.
- 2.In the event that the subscriber or users suffer damages due to termination of provision of the Service by the Company based on the preceding section, the Company shall assume no liability to indemnify such damages.
- Article 19 (Discontinuation of Provision of the Service）
- The Company may discontinue provision of the Service for any reason without advance notice to the subscriber.
- 2.In the event that the subscriber or users suffer damages due to discontinuation of provision of the Service by the Company based on the preceding section of this article, the Company shall assume no liability.
- Article 20 (Procedures for Discontinuation of the Service)
- In the event that the Company terminates or discontinues provision of the Service, the subscriber and users shall no longer be able to access the Service by any means, and shall immediately return all goods and data provided by the Company or dispose of them 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 Service at its own discretion. Furthermore, the Company shall perform such deletion within 1 month of the cessation of the user contract, but may set a date for deletion specially after consulting with the users.
- Article 21 (Indemnity)
- In the event that the subscriber causes damages to the Company due to a violation of the Agreement or other grounds attributable to the subscriber, the subscriber shall be liable to indemnify such damages.
- 2.In the event that the subscriber causes damages to a third party (including other users) through use of the Service, 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 system affecting the subscriber or any other individual regardless of the cause, such as bugs or faults of the System, penetration of 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 direct and material damages only, and the total amount of indemnity the Company assumes shall not exceed the total amount of usage fees 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 dates of record).
- Article 22 (Re-formation of User Contracts)
- After a contract ends, the Company offers no guarantee for the restoration or continued use of data, even if the subscriber wishes to form another user contract, and subsequently enters a new user contract.
- Article 23 (Restriction on Transfer, etc.）
- The subscriber may not lend, transfer, or offer as collateral, etc., their user contract, rights to access the Service based on the Agreement, or payment obligation based thereon in whole or in part to a third party without obtaining the written permission of the Company in advance.
- Article 24 (Exclusion of Anti-social Forces)
- The subscriber (including the applicant for service access) and the Company assert that are not classified as a gang, gang member, gang associate, gang-related company, corporate racketeer, criminal organization operating under the pretext of social of political campaigning, 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 access) and the Company affirm that they shall not 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.In the event that it is decided an investigation is necessary to determine the applicability of the two preceding sections to the counterparty, the subscriber (including the applicant for service access) and the Company shall cooperate with the investigation, and must submit any documents deemed necessary to said investigation.
- 4.In the event that any of the following items apply to the counterparty, the subscriber or the Company may terminate the user contract for the Service without requiring any special notice.
① Cases in which the provisions of Section 1 apply
② Cases in which the provisions of Section 2 apply
③ Cases in which false statements regarding the affirmations in Sections 1 and 2 are discovered
- In the event of termination of the contract based on the preceding section by the subscriber or the Company, the terminator of the contract is exempt from indemnity for damages to the counterparty arising therefrom, and may demand indemnification for damages from the counterparty
- Article 25 (Resolution of Disputes)
- In the event of a conflict regarding the provision of the Agreement or matters not provided for by the Agreement, both parties shall engage in good faith consultation and resolve the matter as amicably as possible.
- 2.Japanese law shall be the governing law of the Agreement.
- 3.In regard to disputes in connection with the Agreement or the Service, the Tokyo District Court shall be the exclusive court of jurisdiction in the first instance.
Chapter 2 Special Provisions in Direct Contracts (Including via Broker)
- Article 26 (Formation of Contracts)
- The individual applying to access the Service shall enter the required information on the Company's quote sheet and the application form prescribed by the Company for the service user agreement, and the user contract for the Service shall be formed at the point in time at which they are submitted to the Company. Furthermore, the application may be rejected in accordance with the procedures prescribed by the Company within 7 business days of application submission, and in such cases, the user contract for the Service shall become void retroactive to the time of application.
- Article 27 (Service Usage Fees)
- The usage fees for the Service, period to be paid for, deadline date, and date of payment are 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 Service is discontinued due to the circumstances of the Company pursuant to Article 19 during a period for which payment for access to the Service has already been made, the Company shall refund the service usage fees already paid for the remaining period of access to the subscriber at such time as service is discontinued.
- 3.In the event of contract termination under Articles 18 and 24, the Company shall not refund service usage fees already paid.
- Article 27 (Contract Term)
- The contract term of a user contract for the Service shall be a period of 1 year from the start of use. However, in the event of the absence of a renewal rejection letter or request to alter the contract terms in writing from the subscriber or the Company within 30 days of the end of the contract term, the user contract for the service shall be renewed with the same terms for a period of 1 year, and the same shall apply likewise thereafter. Furthermore, the expiration of any addenda shall coincide with that of the user contract for the Service prior to addendum.
- 2. The subscriber may not cancel a user contract for the Service 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 following day after the contract cancellation date recognized by the Company and the original end 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 paid within 30 days of the cancellation date.
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 November 24, 2020, and is in effect from that date.