These Terms of Service set forth the terms and conditions for providing the Services (as defined below) including, without limitation on the Website (as defined below), and smartphones, and the rights and obligations between Oneteam Inc. (the“Company”) and Customers (as defined below) of the Services. You must read and agree to the entire terms and conditions before using the Services. You are deemed to accept and agree to these Terms of Service when you sign up and click “registration” on the Website or you received a notice from the Company with respect to completion of registration.
Article 1 Applicability
The purpose of these Terms of Service is to set forth the terms and conditions for providing the Services and the rights and obligations between the Company and the Customers (as defined below), and these Terms of Service shall apply to all aspects of the relationship between Customers and the Company in connection with the Services. These Terms of Service shall apply to all Customers and if you do not agree to these Terms of Service you shall not use the Services.
Article 2 Definitions
For purposes of these Terms of Service, the following terms have the following meanings.
- Service Agreement means not only these Terms of Service but also any other agreements relating to the Services to be executed between the Company and the Customer.
- Company means Oneteam, Inc.
- Services mean any and all services on the website and/or smartphone provided by the Company under the name Oneteam (or if such name or the content of such services has been modified for any reasons, such modified services).
- Customer means any person and/or entity that has been registered by the person as a Customer of the Services pursuant to Article 3 (Registration).
- User means any person being registered by Customers as users who are eligible to use the Services either for a fee or free under Customers’ control.
- Website means such website as may be from time to time operated by the Company, whose domain name is oneteam.co.jp, one-team.com or one-team.io (or if such website’s domain name or content has been modified for any reasons. such modified Website).
- IP Rights means copyrights, patents, trademarks, utility rights, design rights and other intellectual property rights (including rights to obtain or to apply for registration of such rights)
Article 3 Registration
- A Customer may apply to the Company for registration to use the Services by agreeing to comply herewith and providing certain information as specified by the Company (the “Registration Information”) in accordance with such manner as may be prescribed by the Company.
- The Company shall determine whether to register a Customer who made an application pursuant to the first paragraph of this Article 3 in accordance with the Company’s criterion, and shall notify the Customer of its approval, if the Company determines to do so. The Customer’s registration shall be completed upon the notice by the Company pursuant to this paragraph.
- Upon completion of the registration pursuant to the foregoing paragraph, the Service Agreement shall become effective between the Customer and the Company, allowing the Customer to use the Services pursuant to these Terms of Service.
- The Company reserves rights to refuse registration or re-registration of any Customer without any obligation to disclose the reasons, in the event that:
- Any or all of the Registration Information provided by the Applicant to the Company is found to be false, inaccurate or omitted;
- The Applicant was determined by the Company to (1) constitute an organized crime group or a member thereof, rightist organization, anti-social force, or other similar person or entity(“Antisocial Force”), (2) have any interaction of involvement with an Antisocial Force by way of assisting or being involved in the maintenance, operation or management of an Antisocial Force through funding or other means;
- The Applicant was determined to have been in violation of any agreements with the Company, or to have involvement with a defaulting party of any such agreements;
- The Applicant has suffered any of the measures under Article 14; or
- In addition to the foregoing, the Company deems the registration inappropriate.
Article 4 Change to Registration Information
The Customer shall notify the Company of any change to the Registration Information without delay in accordance with the manner prescribed by the Company.
Article 5 User
The Customer is eligible to set up user accounts for its Users to use Services to the extent of the numbers of the accounts granted by the Company. Users who are set up User accounts only are eligible to use the Services. User shall be deemed to agree to these Terms of Service hereunder and the Customer shall also be obligated to have its Users comply and manage the Users with these Terms of Service hereunder with due care of a prudent manager. Customers must not have plural Users share and use a single account.
Article 6 Password and Customer ID Management
The Customer shall be responsible for keeping and maintaining its password and Customer ID for the Services in an appropriate manner, and must not cause a third party to use, or provide, transfer, change the name of, sell or the like.
The Customer shall be, and the Company shall in no event be, liable for damages arising out of inappropriate management, misuse, or use by a third party, of the Customer’s password or Customer ID.
Article 7 Contents of Service
Contents of Services for a fee shall be set forth in specific Service application form.
Article 8 Fees and Payment Method
- In case the Customer use the Services for a fee, in consideration of the Services hereunder, the Customer shall pay to the Company such fees as may be established by the Company or indicated on the Website, pursuant to the payment method as designated by the Company. The Company determines the fee for each Customer based on the numbers of Users and licenses and the Customer shall pay to the Company such fees in accordance with your Service plan and fee. The Customer shall also pay bank charge, remittance charge and other charge that incur with the payment to the Company. Also, when the Customers use the Services for a fee, the Company may charge an initial fee. The Service fees shall not include communication expenses such as telecommunication fees, packet communication charges and the like. The Customers shall pay for such communication fees. If a sales promotion price applied when the Customers apply for the Services, the Customers shall acknowledge that standard shall be applied after sales promotion period is expired. The Customer must pay for fees in accordance with Service plan and fee set forth separately by due date.
- The Company shall charge a service fee for the applicable chargeable period (hereinafter the “Applicable Period”) to the Customers monthly and invoice the amount of the service fee as the separately stipulated monthly plan (hereinafter the “Applicable Plan”) previously chosen by the Customer, at the beginning of the month of the Applicable Period.
- During the effective period of the Service Agreement the number of users fluctuates and in the case that the User makes an application to change the Applicable Plan, the Customer will be invoiced based on the unit price of the new Applicable Plan from the month after the month in which the change to the Applicable Plan was applied. [However, for the first month of the new plan, the amount will be calculated by the unit price of the Applicable Plan prorated to the number of applicable days, and will be invoiced in the following month.
- The methods of payment for service charges shall be by credit card, or other methods as determined by the Company.
- If the Customer fails to pay the above fees when due and payable, it shall be obligated to pay a default penalty at the rate of 14.6% per annum for from the next day of the due date before the day the payment is made.
- Service charges are incurred from the date that the Customer completes registration, regardless of whether or not the Customer uses the service. However, in the event that a free period has been established, service charges will not be incurred during that period. Service charges will be incurred beginning the day after the free period has ended.
- The Company reserves the right to change the pricing of the service charges for this service. In the event of a change to the pricing of the service charges, the Company will notify Customers by the 10th of the month before the new prices take effect. If the Customer does not complete the withdrawal process as defined in Article 17, the Customer will be considered to have consented to the new pricing.
Article 9 Refunds
The Customer acknowledges in advance that the Company will not refund any service charges paid by the Customer to the Company under any circumstances, with the exception of those established in the text of this agreement.
Article 10 Changing fee plans
- When the Customer wishes to change fee plans, the Customer will submit a request to the Company to change fee plans, via the process established by the Company. The change of fee plans will be considered to have been approved when the Company notifies the Customer that the Company has acknowledged the request. However, the Company is not able to accommodate a change from a yearly contract plan to a monthly contract plan.
- The change in fee plans will come into effect the month after the month in which the Company has provided the notification in accordance with the preceding paragraph.
- The Company reserves the right to deny requests for changes in fee plans at its discretion.
Article 11 Trial of the Service
- The user may, for the purpose of trial of the Services, try the Services for free to the extent of the conditions prescribed separately by the Company. Trial period is the term The Company notices the Customer in a way prescribed separately. If the Customer wish to continue to use the Services after the trial period ends, the Customer shall enter into a service agreement for services for a fee between the Customer and the Company. In any case, the Customer shat not be able to try or utilize the Services in the course of the trial period.
- The Company shall in no event be liable for any damages incurred by the Customer arising out of, or in connection with, any actions taken by the Company pursuant to this Article 9.
Article 12 Beta version Services
- The user may, only in the case that the Customer has the purpose to examine whether to introduce or evaluate the Services, try the Beta version Services for free to the extent of the conditions prescribed separately by the Company (“Beta version” or “ closed Beta version”, that includes all or some of the new features of the Service regardless of its name is officially released, and also trial environment set up by the Company in order to evaluate the Service quality, collectively referred to “Beta version”. ). For the trial of Beta version, The Customer shall apply for these particular Services, and the Company may add additional usage conditions. For information about the Service that the Customer have learned during the trial of the Beta version of the Services, if the Company has formed separate conditions, the Customer shall be bound by the conditions. The Company shall not guarantee that The Services (including some of the new features) after it was released as the official version and the Beta version have equivalent specifications and functions.
- The Company shall in no event be liable for any damages incurred by the Customer arising out of, or in connection with, any actions taken by the Company pursuant to this Article 10.
Article 13 Prohibited Actions
- When using the Services hereunder, the Customer must not conduct any of the following acts or any act that the Company determines falls under any of the following:
- acts that violate any laws or regulations or that are associated with criminal activity:
- acts that defraud or threaten the Company, other Customers or other third parties;
- acts against public order and good morals:
- acts that infringe any IP Rights, portrait rights, privacy rights, reputation, creditability or other rights or profit of the Company, executives of the Company, other Customers or other third parties;
- acts that place an excessive burden on the network or system of the Services;
- acts that may threaten to interrupt the operation of the Services;
- acts to access or attempt to access the system or network of the Services improperly;
- acts to impersonate a third party;
- acts to use the Customer ID or password of other Customers of the Services;
- acts of exploitation, advertisement, soliciting or marketing without the Company’s prior consent;
- acts to collect information of other Customers of the Services;
- acts that cause disadvantage, damage or uncomfortable feelings to the Company, other Customers of the Services or other third parties;
- acts that violate the Rules for the use of the Services published on Website;
- acts to provide Antisocial Forces with profit;
- acts that are intended to encounter unacquainted persons of the opposite sex;
- acts that, directly or indirectly, evoke or facilitate acts listed in the preceding items; or
- other acts that the Company deems to be inappropriate.
Article 14 Suspension of the Services
1. The Company shall be entitled to, without any advance notice to the Customer, suspend or discontinue the Services, in whole or in part, in the event that
- Inspection or maintenance of the computer system for the Services needs to be performed due to urgent circumstances;
- The Company becomes unable to provide the Services due to failure, suspension or discontinuance of any services provided by third parties to be used for the purpose of providing the Service.
- Computers or communication lines have been disrupted due to an accident;
- The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
- The Company determines that suspension or discontinuance is required for other reasons.
2. The Company shall in no event be liable for any damages incurred by the Customer arising out of any measures taken by the Company pursuant to this Article 12.
3. The preceding paragraph shall also apply if a reduction or an obstacle of the indication speed occurs by excessive accesses or other unexpected factors.
Article 15 IP Rights
All of intellectual property right including property and copyright of software, services, procedures, documents, drawings, trademarks, property rights, trade name, etc. , which constitute the implementation environment of this Services (hereinafter referred to as “IP Rights”), are all belong to the Company or its licensors. The Customers, on the basis of this Service agreement, may use the Service, provided however, shall not acquire the IP rights related to the Services.
Article 16 Registration Cancellation
1. The Company may, without prior notice or demand. delete the Posted Data, or temporarily suspend the use by the Customer of the Services, cancel the Customer’s registration as such or terminate the Service Agreement, in the event of any of the following:
- The Customer failed to comply with any of provisions hereof;
- Any of the Registration Information is found to be false;
- The Customer underwent payment suspension or became insolvent, or a petition for bankruptcy, civil rehabilitation corporate reorganization, special liquidation or other similar procedure was filed against the Customer;
- The Customer has not responded to inquiries from the Company or other communications requiring its response for 30days or more;
- The Customer falls under any of the subparagraphs of Article 3.4: or
- In addition to the foregoing, if the Company determined that it is not inappropriate for the Customer to use the Services, maintain its registration as a Customer, or have the Service Agreement remain in effect.
2. If one or more of events specified above occurred, all amounts owed to the Company by the Customer shall be automatically accelerated, and the Customer shall immediately pay to the Company such amounts in full.
3. The Company shall in no event be liable for any damages incurred by the Customer arising out of, or in connection with, any actions taken by the Company pursuant to this Article 14.
Article 17 Withdrawal
- The Customer may withdraw from the Services and cancel its registration as Customer by giving notice to the Company to that effect and pursuant to such manner as specified by the Company.
- The Customer may withdraw from the Services (1) with the last day of the month in which the Customer provides the notice to the Company in accordance with the preceding paragraph as the withdrawal day if that notice is made on or before the 20th day of that month or (2) with the last day of the following month as the withdrawal day if the Customer provides the notice to the Company in accordance with the preceding paragraph on or later than the 21st day of a month. The Customer shall pay service charges until the withdrawal day.
- Upon withdrawal, all amounts then due and payable from the Customer, if any, shall be automatically accelerate, and the Customer shall immediately pay to the Company such amounts in full.
- Treatment of Customer information after the withdrawal shall be subject to the provisions of Article 19.
Article 18 Services Modification and Termination
- The Company shall be entitled to at any time modify or terminate the Services in its own discretion. The Company shall notify in advance the Customer of any intended termination by the Company of the Services.
- The Company shall in no event be liable for any damages incurred by the Customer arising out of, or in connection with, any actions taken by the Company pursuant to this Article 16.
Article 19 Disclaimer and Waiver of Warranties
- The company makes no representation or warranty of any kind, express or implied, with respect to the services (including but not limited to any representation or warranty (i) of fitness or suitability for a particular purpose contemplated by the Customer, (ii) that the Services have expected functions, commercial value, accuracy, or usefulness, (iii) that the use by the Customer of the Services complies with the laws and regulations applicable to the Customer or any internal rules established by industrial organizations. and (iv) that the Services will be free of interruption or defects).
- Under no circumstances shall the Company be liable for any damages incurred by the Customer arising out of discontinuance, suspension, termination, unavailability, or modification by the Company of the Services and/or the third parties providing any services to be used for the purpose of providing the Service, cancellation or loss of messages or information transmitted by the Customer to the Services, deletion of the registration of the Customer, loss of registered data or failure of or damage to equipment through the use of the Services, or otherwise in connection with the Services.
- The Company shall not be liable for any amount exceeding the consideration paid by the Customer to the Company for the immediately previous 3 months in relation to damages incurred by the Customer that are attributable to the Company for any reasons whatsoever. Under no circumstances shall the company be liable for incidental, indirect, special, future damages and lost profits.
- The Company shall in no event be liable for leaking the information to public associated with this Service in case it’s caused by the Customer.
- The Company shall not in no event be liable for transactions, communications or disputes arising between the Customer and other Customers or a third party in connection with the Services or the Website.
- The Company shall not in no event be liable if the movement of the website to measure is delayed or error by the collision with other programs occurred as a result of use of the Services. Please use it after having checked the operation.
Article 20 Confidentiality
The Customer shall keep confidential any and all non-public information disclosed by the Company to the Customer for which the Company has imposed on the Customer a confidentiality obligation in connection with the Services, unless the Customer has obtained prior written approval from the Company.
Article 21 Treatment of Customer Information
- The Company may, in its sole discretion, use or make public, and provide third parties any information or data provided by the Customer to the Company as statistical information in a form that cannot identify an individual, and the Customer may not challenge or dispute such use.
Article 22 Amendments
The Company reserves the right to amend or change these Terms of Service. In the event of any amendment or change to these Terms of Service, the Company shall notify the Customer thereof. After the notice set forth above, if the Customer uses the Services or fails to take steps to cancel its registration within the time specified by the Company the Customer shall be deemed to have agreed to amendment of these Terms of Service.
Article 23 Notice
- Any inquiries with respect to the Services or other communications or notices from the Customer to the Company, or the notices concerning any amendment to these Terms of Service or other communications or notices from the Company to the Customer shall be made in accordance with the procedures specified by the Company.
- The Company shall notify the Customers who registered or pre-registered the Service of the Services and related information by email newsletter and other methods.
Article 24 Assignment
- The Customer shall not assign, transfer, grant security interests in or otherwise dispose of its status under the Service Agreement or its rights or obligations under these Terms of Service without the prior written consent of the Company.
- In cases where the Company has assigned the business regarding the Services to a third party, the Company may, as part of such assignment, assign to such third party its status under the Service Agreement, its rights and obligations under these Terms of Service, and the Registration Information and other information relating to the Customer, and the Customer hereby agrees to such assignment in advance. The business assignment referred to above shall include, in addition to the usual form of business assignment, a split of the Company or any other form of restructuring of the Company that would result in a business transfer.
Article 25 Severability
If any provision of these Terms of Service or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect.
Article 26 Governing Law and Jurisdiction
- These Terms of Service shall be governed by the laws of Japan. If there are sales of goods in the Services, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply.
- Any and all disputes arising out of or in connection with these Terms of Service shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
- Prescribed on June 1, 2015
- Revised on February 15, 2016
- Revised on September 18, 2016
- Revised on October 19, 2017
- Revised on February 1, 2018