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The Terms of Use for YubiOn SecureFileTransfer βversion

If there is any discrepancy or contradiction between the English and the Japanese versions below, the Japanese version shall prevail.

 

TOU: Terms of Use

Company: Soft Giken Co., Ltd.

Service: YubiOn SecureFileTransfer βversion service provided by Company

User: All users of Service

Software: software and content provided by Service

Related Materials: related materials such as documents provided with Service

 

This TOU establishes the terms and conditions regarding the use of Service provided by Company between User of Service and Company.

Please use Service after agreeing to this agreement.

Article 1 Application of TOU

  1. You may not use Service unless you have validly and irrevocably agreed to the terms of TOU.

  2. By using Service, it is assumed User has agreed to all of TOU.

Article 2 Changes to TOU

  1. The Company may change (including additions and deletions; the same shall apply hereinafter) TOU and various precautions without prior notice to User.

  2. The amended TOU and Notes shall take effect from the time they are posted at an appropriate location within the website operated by Company. shall be deemed to have given valid and irrevocable consent to the modified TOU.

Article 3 About the use of Service

  1. The Service is under development and will be provided to User under the conditions specified by Company as an experimental Service for the purpose of releasing the official version of Service in the future.

  2. The Service is provided to obtain User feedback, and you agree that we may collect your feedback.

  3. The Service is available free of charge. However, communication costs such as Internet connection will be borne by the customer.

Article 4 Handling of User Data

  1. The Service allows User to upload, download, share, send and receive files, content, messages, contact lists, etc. (hereinafter referred to as "User data"). User data is the property of User. User data is not transferred to  Company under TOU.

  2. We reserve the right to inspect User activity and User data to ensure compliance with TOU. We are not responsible for any content uploaded or shared by User on Service.

  3. We reserve the right to delete User data at our discretion in the event of a violation of "Article 12 User Prohibitions".

Article 5 Commencement of use of Service

  1. The User who wish to use Service (hereinafter referred to as "registration applicants") must agree to this agreement and follow the procedures set forth on Service's public website to register for use of Service.

  2. If you have registered for use of Service, the use of Service will start when Company accepts the application and the registration is completed normally, and that day will be the start date of Service use period.

  3. The Company may not approve the registration application at Company's discretion if the Registration Applicant falls under any of the following items.

(1) If the Registration Applicant has applied without following the procedures specified by Company.

(2) If the person who wishes to register is a person who has been withdrawn from membership due to a violation of TOU or other terms of use, etc. specified by Company in the past.

(3) If Company determines that the Registration Applicant has registered by fraudulent means.

(4) When the registration applicant has registered information other than the person himself/herself.

(5) Other cases Company deems inappropriate.

Article 6 Period of use of Service

The use of Service shall remain in effect until terminated by User or Company in accordance with the terms of TOU.

Article 7 Termination of use of Service

  1. The User can cancel the use of Service at any time by applying for cancellation to Company and terminate the account of Service according to the prescribed procedure.

  2. If User violates any provision of TOU, Company may immediately terminate the provision of Service without notice or demand to User.

  3. After the termination of the use of Service, Company shall not be obligated to continue to provide Service or to continue to store the information entered by User when using Service.

  4. After using Service, all content uploaded by User will be destroyed.

  5. After using Service, User shall immediately destroy Software and all duplicates related to Service acquired during the period of using Service.

  6. If User does not use Service for more than 6 months, or if we cannot confirm User's notification of continued use of Service, Company may terminate the provision of Service without notice or demand to User.

Article 8 Temporary suspension of Service

  1. The Company may temporarily suspend the operation of Service without prior notice to User if any of the following items apply.

(1) When performing maintenance or changing the specifications of Service

(2) When a natural disaster or other abnormal situation occurs or is likely to occur, and Service cannot be operated.

(3) When Company determines that it is necessary to temporarily suspend the operation of Service due to unavoidable reasons.

 2.  Due to the temporary suspension of operation of Service specified in the preceding paragraph, User may not be able to use Service.

Even if it is not possible,Company   does not take any responsibility.

Article 9 Changes, Additions and Suspension of Services

  1. The Company may change, add, or terminate all or part of the content of Service without prior notice to User.

  2. The Company may, at its own discretion, suspend or terminate the provision and operation of all or part of Service. In addition, if Company decides to suspend or terminate the provision or operation of all or part of Service, Company will notify User in a manner Company deems appropriate. However, in case of emergency,  Company may not notify User of suspension.

  3. The Company shall not be held responsible for any damages incurred by User due to changes, additio

Article 10 Handling of Personal Information, etc.

  1. Personal information and User information will be handled appropriately in accordance with the "Personal Information Protection Policy" separately established by Company.

  2. The Company acquires and stores personal information of User and others to the extent necessary for the smooth provision of Service by Company.

  3. The Company will use the acquired personal information for the following purposes or to the extent necessary to achieve the purposes of use.

(1) To provide, maintain, protect and improve Service, such as acceptance of registration for Service, identity verification, notification of settings, etc.

(2) For notification of information regarding the content of Service, changes to TOU, update information, event/campaign information, etc.

(3) To provide guidance and respond to inquiries regarding Service

(4) To create statistical data on the use of Service

(5) For other marketing purposes

Article 11 Intellectual Property

  1. Intellectual property rights such as copyrights related to Service belong to Company, and Service is protected by the Copyright Act of Japan and other applicable laws.The User are prohibited from duplicating, adapting, publicly transmitting (including making transmittable), remodeling, or reverse engineering (decompiling, disassembling, or otherwise analyzing the internal structure of non-disclosure) Software. Except where there are no special provisions, or when restrictions are specifically prohibited by laws and regulations.

  2. The copyright of Related Materials and sample code belongs to Company, and Related Materials are protected by Japanese copyright law and other related laws.

  3. The copyright provided with Service belongs to Company, and Related Materials are protected by the Japanese copyright law and other related laws.

Article 12 User Prohibitions

  1. The User shall not do any of the following in connection with the use of Service.
    (1) Acts of using Services provided by Company for illegal purposes
    (2) Acts that infringe on copyrights, portrait rights, or other intellectual property rights of Company or a third party
    (3) Acts that discriminate against, slander, or threaten Company or a third party, or violate privacy, human rights, etc.
    (4) Acts that cause economic damage to Company or a third party
    (5) Acts that damage the honor and credibility of Company and damage the credibility of Company
    (6) Acts that interfere with the operation of Service
    (7) Acts that use or induce computer viruses or harmful programs
    (8) Attacks on the server, system, or security of this site
    (9) Acts that violate other laws, regulations, public order and morals, or acts that are likely to do so
    (10) Acts of one User registering for multiple Uses
    (11) Other acts Company deems inappropriate or inappropriate
    (12) Acts of uploading, downloading, or sharing content User does not own

  2. The User shall assume all legal responsibility for any loss, expense, compensation,　or claim from a third party to Company in connection with a violation of the preceding paragraph, and shall hold Company and third parties harmless from any loss, expense, compensation, or claim from a third party to Company.

  3. If Company determine User is not in compliance with the preceding two　paragraphs, we may, without prior notice to User, take any action Company deem appropriate, including deletion of part or all of the information, access prohibition, or termination of the contract.

Article 13 Disclaimer of Company

  1. The Company shall not be held responsible for any damages suffered by User through the use of Service.

  2. The Company may change the specifications of Service, the name of Service, its contents, functions, design, etc. without prior notice to User. In addition, User cannot raise an objection to this measure of Company, and even if User suffers some kind of damage due to such measures, Company does not take any responsibility.

  3. The Company shall ensure that Service conforms to User's specific purpose, has the expected functions, commercial value, accuracy, and usefulness, and User's use of Service is subject to laws and regulations applicable to User. We do not guarantee that it will comply with the internal rules of the organization or that there will be no problems.

  4. Service is provided assuming that it may include defects such as symptoms that prevent it from operating normally, such as bugs, defects, and malfunctions. The Company guarantees the reliability, usefulness, availability, availability, security protection, error-freeness, virus-freeness, quality satisfaction, including the accuracy, continuity, completeness and certainty of Service, and the contractor  Company does not provide any kind of warranty, including suitability for specific purposes, and do not take any responsibility for damages suffered by User and other third parties due to these.

  5. The User information created using Service may be deleted or changed in whole or in part without prior notice. In addition, Company shall not be obligated to take over the relevant information when switching from Service to the official Service.

  6. The Company shall not be liable for any damages caused directly or indirectly to User by using Service.

  7. The Company shall not be liable for any loss of opportunity, interruption of business, or any other damages (including indirect damages or lost profits) that occur to User or third parties.

  8. The provisions of Paragraph 1 to the preceding Paragraph shall not apply if there is intentional or gross negligence on the part of Company, or if the contract falls under the category of a consumer under the Consumer Contract Act.

  9. Even if the preceding paragraph applies, Company shall not be held responsible for compensating for any damages arising from special circumstances among the damages caused to User due to negligence (excluding gross negligence).

  10. If Company is liable for damages related to the use of Service, the liability shall be limited to the usage amount received from User in the month in which the damage occurred.

  11. The Company shall not be held responsible for any disputes or troubles between User and other User. In the event of a problem between  User and other User, both parties shall be responsible for resolving the problem and shall not make any claims to Company.

  12. In the event User causes damage to other User or causes a dispute or trouble with a third party in connection with the use of Service, User shall, at its own expense and responsibility, compensate for such damage or such disputes shall be resolved, and Company shall not cause any inconvenience or damage.

  13. In the event that a third party makes a claim against us for damages as a result of User's actions, User shall resolve such claim at User's expense and responsibility. In the event Company pays compensation for damages to a third party, User shall pay all expenses (including attorney's fees and lost profits) to Company, including said compensation for damages.

  14. If User causes damage to Company in connection with the use of Service, User shall compensate Company for the damage (including legal fees and attorney fees) at User's expense and responsibility.

Article 14 Severability

Even if any provision or part of the TOU is determined to be invalid or unrevokable under the Consumer Contract Act or other laws and regulations, the remaining provisions and parts of these Terms are invalid or unenforceable. The remainder of the provisions determined herein shall remain in full force and effect.

Article 15 Contact method

Any contact or inquiry from User to Company regarding Service shall be sent from the inquiry form set up at an appropriate location within Service or website operated by Company, or by a method separately designated by Company.

Article 16 Governing Law and Jurisdiction

The governing law of the TOU shall be Japanese law, and any disputes, lawsuits, or other disputes relating to these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.

Effective November 30, 2022

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