Article 1 (Application)
These Terms of Service (the “Terms”) set out the conditions under which ERINES Inc. (the “Company”) provides this website and the services it offers (the “Services”). All persons who use the Services (each a “User”) shall use the Services subject to agreement to these Terms.
Article 2 (Definitions)
Defined terms in these Terms have the following meanings: (1) “Services” means the contracted development, consulting, in-house product offerings, and related services provided by the Company. (2) “User” means any individual or entity that uses the Services subject to these Terms. (3) “Content” means any text, images, audio, software, data, or other information provided through the Services.
Article 3 (Registration)
For Services that require registration, a usage agreement is formed when the prospective User applies in the manner prescribed by the Company subject to these Terms and the Company approves the application. The Company may decline an application in any of the following cases: (1) The applicant has provided false information. (2) The applicant has previously breached these Terms. (3) The applicant is determined by the Company to be associated with anti-social forces. (4) The Company otherwise determines that approval is inappropriate.
Article 4 (Prohibited acts)
Users shall not engage in any of the following while using the Services: (1) Acts that violate laws or public order and morals. (2) Acts related to criminal activity. (3) Acts that infringe the intellectual property rights, image rights, privacy, honor, or other rights or interests of the Company, other Users, or third parties. (4) Acts that destroy or interfere with the Company’s servers or network functions. (5) Acts that interfere with the operation of the Services. (6) Acts that improperly collect personal information about other Users. (7) Impersonating other Users. (8) Promotion, advertising, solicitation, or commercial activity on the Services without the Company’s permission. (9) Providing benefits to anti-social forces directly or indirectly in connection with the Company’s services. (10) Other acts the Company determines to be inappropriate.
Article 5 (Suspension of the Services)
The Company may suspend or interrupt all or part of the Services without prior notice in any of the following cases: (1) Maintenance, inspection, or update of the systems for the Services. (2) Natural disaster, lightning, fire, power outage, or other force majeure makes provision difficult. (3) Computer or telecommunications equipment is stopped due to an accident. (4) The Company otherwise determines that providing the Services is difficult. The Company shall not be liable for any disadvantage or damage suffered by Users or third parties arising from such suspension or interruption, except in cases of the Company’s willful misconduct or gross negligence.
Article 6 (Copyright and intellectual property)
Copyrights, patents, trademarks, and all other intellectual property rights related to the Services belong to the Company or to the third parties that hold such rights. Without the Company’s prior written consent, Users may not reproduce, repost, modify, redistribute, or commercially use the Content of the Services.
Article 7 (Disclaimer)
The Company makes no warranty, whether express or implied, regarding the Services as to fitness for a particular purpose, commercial value, accuracy, completeness, usefulness, achievement of any specific result, freedom from errors / bugs / interruptions, or non-infringement of third-party rights. The Company is not liable for any damage suffered by Users arising from the Services, except in cases of the Company’s willful misconduct or gross negligence.
Article 8 (Changes to the Services)
The Company may change, add, or discontinue the content of the Services with prior notice to Users, and Users shall consent to such changes.
Article 9 (Changes to these Terms)
The Company may change these Terms upon notice to Users when it deems necessary. Continuing to use the Services after such a change constitutes agreement to the revised Terms.
Article 10 (Handling of personal information)
The Company handles personal information acquired through the use of the Services in accordance with the separately defined Privacy Policy.
Article 11 (Notices and communications)
Notices and communications between Users and the Company shall be made in the manner specified by the Company. Unless a User submits a change of contact details in the manner separately specified by the Company, the Company shall regard the currently registered contact details as valid and shall send notices or communications to those details, which shall be deemed to have reached the User at the time of dispatch.
Article 12 (No assignment)
Without the Company’s prior written consent, Users may not assign or pledge as collateral their position under the usage agreement or any rights or obligations under these Terms to any third party.
Article 13 (Governing law and jurisdiction)
These Terms shall be interpreted and applied under the laws of Japan. Any dispute arising between the Company and a User in connection with the Services shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Company’s head office, as the court of first instance.