Terms of use
These Terms of Use (hereinafter referred to as “these Terms”) includes Yoom (hereinafter referred to as the “Service”) Terms of provision and Yoom Inc. (hereinafter referred to as “our company”) and customers using this service (hereinafter referred to as “customers”) The relationship of rights and obligations between them has been determined. When using this service, it is necessary to read the full text of this agreement and then agree to this agreement.
1. Application
The purpose of this agreement is to determine the conditions for providing this service and the rights and obligations between the company and the customer relating to the use of this service, and it applies to all relationships between the company and the customer relating to the use of this service.
2. Definitions
The following terms used in this agreement shall each have the meanings set forth below.
- “Customer” means an individual or corporation registered as a customer of this service based on Section 3.
- “External service” means a service provided by a business other than our company that the customer sets as a target for using this service.
- “Customer's in-house system” means a system owned and managed by the customer itself.
- “External operator” means a service provider for external services.
- “External Terms of Use” means an agreement that defines the rights relationship between the customer and an external operator.
- “Intellectual property rights” means copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to obtain these rights or apply for registration, etc. for those rights). It means.
- “Application Information” means “Application Information” as stipulated in Article 3.
- “Our website” means a website operated by our company whose domain is “yoom.fun” (if the domain or content of our website is changed for any reason, this includes the website after such change.) It means.
- “Authorized Customer” means an “Authorized Customer” as set forth in Section 6.
- “User Agreement” means a “User Agreement” as stipulated in Article 3.
- “Start date of use” means the “date of commencement of use” as stipulated in Article 3.
- “Contract termination date” means the date and time when the period of use specified in Article 15 elapses from the “date of commencement of use”.
3. Conclusion of contract
- Customers who wish to use this service agree to abide by these terms and conditions, and an application form or application form relating to the use of this service in the content and format specified by the Company (collectively referred to below as the “Application Form for Use”) A contract relating to the use of this service in accordance with the provisions of this agreement to the Company by filling out the necessary information and submitting a usage application form in writing or by an electromagnetic method prescribed by the Company (hereinafter referred to as a “User Agreement”). An application relating to the conclusion of shall be made.
- An application for the conclusion of a usage agreement as stipulated in the preceding paragraph must be made by the individual or corporation itself using this service, and as a general rule, applications by agents are not permitted. Also, information provided by the customer to the Company in connection with the application (hereinafter referred to as “application information”) We guarantee that the information is true, accurate, and up to date.
- If a person who has applied for the conclusion of a usage agreement based on paragraph 1 falls under any of the following items, the Company may reject the application.
1. When we determine that there is a risk of violating this agreement
2. When all or part of the application information provided to us is false, erroneous, or omitted
3. If you are a person whose registration to use this service has been cancelled in the past
4. When the Company determines that assets or credit conditions have deteriorated or there is a risk of such deterioration
5. Antisocial forces, etc. (means gangsters, gang members, right-wing groups, antisocial forces, and others similar to this. Same below.) If we determine that we are engaging in some kind of exchange or involvement with antisocial forces, etc., such as maintaining, operating, or participating in the maintenance, operation, or management of antisocial forces, etc. through provision of funds or the like
6. In addition, when the Company determines that it is inappropriate to use this service - We will determine whether or not the customer can use this service according to the preceding paragraph and our standards, and will issue a user account for this service and notify the customer only when we approve the use of this service. With such notice, a usage agreement shall be established between the customer who wishes to use this service and our company, and the date on which the notification of issuance of the user account is issued is the date of commencement of use of this service (hereinafter referred to as the “start date of use”). Let's say it.
- If there is a change in application information, the customer shall notify the Company of the change in accordance with the method specified by the Company without delay and submit the materials requested by the Company. We are not responsible for any damage caused to the customer due to falsehood, error, or omission in the content of the application information.
4. Use of this service and changes to usage plans, etc.
- During the period of use stipulated in Article 15, customers can use this service in accordance with this agreement and in accordance with the method specified by the Company.
- If the customer wishes to change the usage plan, an application form or application form relating to a change in the plan etc. of this service with the details and format specified by the Company (hereinafter collectively referred to as the “change application form”). By filling out the necessary information and submitting a change application form in writing or using an electromagnetic method prescribed by the Company, an application for a change in the usage plan, etc. shall be made to the Company.
- If we approve the application for change as described in the preceding paragraph, we will notify the customer that acceptance of the change has been completed. The application to the plan after the change is applied immediately in the case of a change from a higher plan and monthly contract to a half-year contract/annual contract, and in the case of a change from a lower-level plan and an annual contract to a half-year contract or monthly contract, and in the case of a change from a half-year contract to a monthly contract, it is applied on the contract end date of the plan before the change. Note that if the contract period is changed to a higher plan with the same contract period, there will be no change on the contract end date.
5. Fees and Payment Methods
- The price the customer pays to us for using this service (hereinafter referred to as the “service usage fee”) shall be as stipulated in each item below.
1. Basic fee: The fee determined separately by the Company and displayed on our website shall be the basic fee. If there is no application for a paid plan, it is considered an application for the free plan, and no basic fee will be charged. The basic fee shall be charged from the date of commencement of use until the end date of the contract. Also, basic fees shall be charged in monthly, 6, or 1 year increments depending on the usage plan, etc., and the usage period stipulated in Article 15. Also, for the month you apply for a paid plan, you will be charged a basic fee of 2/3 if the start date of use is from the 11th to the 20th, and the basic fee of 1/3 will be charged if the first day of use is from the 21st to the last day.
2. User license fee: The fee separately determined by the Company and displayed on our website is the user license fee. If there is no application for a paid plan, it is considered an application for the free plan, and no user license fee will be charged. User license fees will only be charged from the license addition date to the contract end date if the number of free licenses in the contracted plan is exceeded. Also, the user license fee shall be charged by multiplying the user license fee per user by the number of additional accounts according to the usage plan and the usage period stipulated in Article 15. Note that if the number of additional accounts increases during the contract period, the user license fee after the month to which the increase in the number of contract accounts took effect will be charged by multiplying the user license fee per user by the number of contract accounts, including the number of accounts added.
3. Task execution fee: The fee determined separately by the Company and displayed on our website is the task execution fee. If there is no application for a paid plan, it is considered an application for the free plan, and no task execution fee will be charged. Task execution fees shall be charged according to the number of monthly flowbot launches and task executions exceeding the number of free task executions of the contracted plan. Also, task execution fees shall be charged on a monthly basis according to the usage plan and the usage period stipulated in Article 15.
4. Option fee: The amount specified in the application form (excluding consumption tax), and if there is no amount specified in the application form, no option fee will be charged. - In the case of a monthly contract, we close this service usage fee for the current month on the last day of each month, and issue an invoice to the customer by the electromagnetic method specified by the company by the 5th business day of the following month. Customers who wish to pay by bank transfer shall pay the amount described on the invoice by the bank transfer method to the bank account designated by the Company by the end of the month following the month of use of this service. For customers who wish to pay by credit card, payment will be made using the credit card registered by the 5th business day of the month following the month following the month in which this service is used.
- In the case of a half-year contract or an annual contract, we close the half-year and annual service usage fees on the last day of the month of commencement of use, and issue an invoice to the customer by the electromagnetic method prescribed by the Company by the 5th business day of the following month. Also, the service usage fee for the current month is closed on the last day of each month, and an invoice is issued to the customer by the electromagnetic method specified by the Company by the 5th business day of the following month. Customers who wish to pay by bank transfer shall pay the amount described on the invoice by bank transfer to the bank account designated by the Company by the last day of the month in which the invoice was issued. Customers who wish to pay by credit card will pay with their registered credit card by the 5th business day of the month following the month following the month in which they use this service.
- If the customer changes the usage plan, etc. or adds the number of user licenses while concluding a usage contract with a usage period of 6 months or 1 year, the difference between the service usage fee before the change or addition for the remaining usage period and the service usage fee after the change or addition from the month to which the change or addition belongs. For customers who wish to pay by invoice, an invoice will be issued to the customer by the 5th business day of the month following the date of the change or addition. The customer shall pay the amount stated on the invoice by the method specified by the Company by the last day of the month in which the invoice was issued. For customers who wish to pay by credit card, payment will be made using the credit card registered by the 5th business day of the month following the change or addition date. We do not accept refunds of usage fees received under any circumstances.
- The customer is responsible for bank transfer fees, consumption tax, and other expenses required for payment as stipulated in paragraphs 2, 3, and 4.
- If the customer is late in paying the usage fee for this service, the customer shall pay late damages at a rate of 14.6% per year to the Company.
6. Management of account information
- The customer is responsible for the ID and password associated with this service (the customer's executives and employees, persons entrusted with work by the customer, and others authorized to use this service (hereinafter referred to as “authorized customers”). It includes the ID and password issued to, and is collectively referred to below as “account information.”) It shall be managed and stored, and shall not be used by a third party, loaned, transferred, changed in name, sold, etc. Furthermore, the customer shall act as an authorized customer and have account information strictly managed and stored, and shall not allow a third party to use it, lend, transfer, change the name, trade, etc.
- Inadequate management of account information, usage errors, use by third parties, etc. (including cases caused by the actions of authorized customers) The customer is responsible for the damage caused by it, and we are not responsible for any damage.
- If it is discovered that account information has been stolen or used by a third party, the customer shall immediately notify the Company and follow instructions from the Company.
7. Prohibited Acts
- When using this service, customers shall not perform acts that fall under any of the following items, and shall be authorized customers and not allowed to perform such acts.
1. Acts that infringe on the intellectual property rights or other rights or interests of the Company or other customers, external operators, or other third parties (including acts that directly or indirectly cause such infringement)
2. The act of reusing the same user license with multiple users
3. Acts related to criminal acts or acts contrary to public order and morals
4. Acts that violate laws or internal rules of our company or the industry group to which the customer belongs
5. The act of transmitting information containing computer viruses or other harmful computer programs
6. Acts that destroy, interfere with, or falsify information, our systems, data, or networks that can be used in connection with this service
7. The act of performing analysis, etc. on this service or our system
8. The act of transmitting data over a certain amount of data determined by the Company through this service
9. Acts that may interfere with the operation of this service by our company
10. Other acts that the Company deems inappropriate - If we determine that the usage of this service by a customer or authorized customer in this service falls under or is likely to fall under any of the items in the preceding paragraph, we may stop using this service or cancel the usage contract without notifying the customer in advance. We are not responsible for any damage caused to customers based on measures taken by us based on this section.
8. Suspension of this Service, etc.
- The Company shall be able to stop or interrupt all or part of the use of the Service without prior notice to the customer if any of the following applies.
1. When inspecting computer systems related to this service, performing maintenance work, or work to upgrade the version of this service on a regular or emergency basis
2. When a computer, communication line, etc. stops due to an accident
3. When it becomes impossible to operate this service due to force majeure such as a fire, power outage, natural disaster, etc.
4. When trouble occurs with an external service, interruption or suspension of service provision, suspension of cooperation with this service, specification changes, etc.
5. Other cases where the Company determines that suspension or interruption is necessary - We are not responsible for any damage caused to customers based on measures taken by us based on this section.
9. Equipment Burden, etc.
- Preparation and maintenance of computers, software, other equipment, communication lines, and other communication environments, etc. necessary to receive the provision of this service shall be carried out at the customer's expense and responsibility.
- Customers shall take security measures at their own expense and responsibility, such as preventing computer virus infections and preventing unauthorized access and information leakage, according to their own usage environment of this service.
- We are not obligated to store such information even if the customer has stored information sent or received via this service for a period of time due to operation, and we may delete this information at any time. Furthermore, we are not responsible for any damage caused to customers due to the deletion of such information.
- When starting to use this service or when downloading data or installing software, etc. on the customer's computer, smartphone, etc. when starting to use this service or using this service or external services, the customer shall take sufficient care so that information held by the customer does not disappear or be altered or equipment failure or damage does not occur, and we are not responsible for any such damage caused to the customer Let's say it.
10. Ownership of Rights
- All ownership and intellectual property rights relating to our website and this service belong to our company or the person who has granted a license to us, and the conclusion of a usage agreement does not mean a transfer or license of use of the intellectual property rights of our company or the person who has granted a license to us relating to our website or this service, except as clearly specified in this agreement. The customer acts (including but not limited to disassembly, decompilation, reverse engineering) that may infringe the intellectual property rights of the Company or those who have granted a license to the Company for any reason. I will not do it.
- We shall be able to freely use data collected or aggregated by our company based on data entered or otherwise transmitted by customers on our website or this service free of charge.
- We shall be able to obtain information on how customers use this service, etc., and analyze that information by ourselves or by outsourcing it to a third party in order to improve this service.
11. Handling of Application Information
The handling of personal information included in application information obtained by the Company by customers using this service shall be in accordance with the privacy policy separately determined by the Company. When using this service, the customer consents to the Company's handling of personal information included in the application information in accordance with the privacy policy, or has the person in question agree.
12. Cancellation of contract
- If a customer falls under any of the following items, we may temporarily suspend the use of this service or cancel the usage contract for that customer without prior notice or demand.
1. If you violate any of the terms of this agreement
2. If there is no usage record (login to this service, etc.) for 180 days or more
3. If there is no response to our inquiries or other communications requesting an answer for 30 days or more
4. When payment is suspended or payment becomes impossible, or there is a petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation, or commencement of similar procedures
5. When an act falls under each item of Article 7 (1)
6. In addition, when the Company determines that the use of this service or the continuation of the service usage contract is inappropriate - If any of the reasons described in the preceding paragraph apply, the customer will naturally lose due profits on all of the debts owed to the Company and must immediately pay all debts to the Company.
- We are not responsible for any damage caused to customers due to acts carried out by us based on this section.
13. Cancellation of contract
- As a general rule, the customer cannot cancel the service use contract during the period of use of this service as stipulated in the “Application for Use”.
- When the contract is canceled after mutual agreement between the customer and our company for any reason, the customer naturally loses due profit on all of the debts owed to the Company, and must immediately pay all debts to the Company.
14. Change of content and termination of this service
- We may change the content of this service or terminate the provision of this service due to our circumstances. If we stop providing this service, we shall notify the customer in advance.
- We are not responsible for any damage caused to customers based on measures taken by us based on this section.
15. Period of Use of the Service
- The period of use of this service is an application for use or application for change (hereinafter collectively referred to as an “application form, etc.”) It shall be the period described in, and the first term of use will be the date of commencement of use. If there is no description of the usage period on the application form, etc., the usage period is 1 month from the date of commencement of use. However, unless either the Company or the customer notifies that the renewal will be suspended at least 10 days before the end date of the contract, the usage period will be automatically renewed for the same period, and the same shall apply thereafter.
- Notwithstanding the preceding paragraph, if the customer falls under the prohibited acts stipulated in section 8, or if it is reasonably determined that there is a risk of falling under, the Company may suspend all or part of the use of this service at any time.
16. Elimination of Antisocial Forces
Customers are antisocial forces (gangsters, gang members, people who have not passed 5 years since they ceased to be gang members, gang members, people who have not passed 5 years since they ceased to be gang members, gang associate members, gangster companies, general meeting rooms, etc., social movement target groups or special intelligence violent groups, etc., etc., and others equivalent to these). It is stated that it does not fall under this category, and that it will not engage in illegal acts such as violent acts, fraud/threatening acts, or business obstruction acts even in the future. If such statement is violated, the termination of the provision of this service shall be accepted without objection.
17. Disclaimer of Warranties and Disclaimers
- We will interrupt, stop, terminate, or be unable to use this service by our company, or any other damage suffered by the customer in connection with this service (hereinafter referred to as “customer damage”). We are not responsible for making compensation for this.
- We do not guarantee suitability, completeness, continuity for specific purposes, suitability for specific operating environments, etc. with respect to this service.
- Even if damage is caused to the customer due to errors in data or other information entered by the customer, we are not responsible for such damage.
- When data including personal information is acquired or transmitted through this service, it is the customer's responsibility, such as obtaining consent from the person concerned, before implementing it after complying with relevant laws and regulations, and we are not responsible for handling personal information relating to the use of this service by the customer.
- This service may be linked to an external service or the customer's in-house system, but there is no guarantee of cooperation with a specific external service or the customer's in-house system, and when this service cannot be linked to an external service or the customer's in-house system, or when part or all of the use of this service is restricted due to unexpected changes in external services or specifications etc. in the customer's in-house system (unexpected operation on this service (Including cases where they occur.) However, we are not responsible for any reason, except when such restrictions on use are due to our intention or gross negligence.
- If this service is linked to an external service, the customer shall comply with the external terms of use at their own expense and responsibility. Transactions, communications, disputes, etc. that occur between the customer and the external operator operating the external service, other customers, or other third parties shall be handled and resolved at the customer's responsibility, and we are not responsible for such disputes, etc. except when caused by our intention or gross negligence.
- We do not guarantee suitability for specific purposes, commercial usefulness, completeness, continuity, etc. for external services or customers' in-house systems. Data used or acquired by the customer when using external services or the customer's in-house system shall be stored or managed at the customer's expense and responsibility, and we are not responsible for any loss or damage of such data, except when it is due to our intention or gross negligence.
- Even if we are responsible for any reason, we are not responsible for customer damage in excess of the amount of compensation paid by the customer to us in the past 6 months, and we are not responsible for compensation for incidental damage, indirect damage, special damage, future damage, or damage related to lost profits.
- We are not responsible for any transactions, communications, disputes, etc. that occur between the customer and an external operator or third party in connection with this service.
18. Confidentiality
- In this agreement, “confidential information” means all information relating to the other party's technology, sales, operations, finance, organization, and other matters provided or disclosed by the customer and our company in writing, oral, or recorded media, etc. in connection with the usage agreement or this service. However, (1) things that have already been publicly known or already known when provided or learned from the other party; (2) things that have been made public by publications or others after being provided or disclosed or learned from the other party; (3) those that have been lawfully acquired without being obligated to maintain confidentiality from a third party authorized to provide or disclose; (4) those developed independently without being subject to confidentiality obligations from a third party authorized to provide or disclose (5) Information that has been confirmed in writing by the other party to the effect that confidentiality is necessary shall be excluded from confidential information.
- The customer and our company will use confidential information only for the purpose of using or providing this service, and will not provide, disclose, or leak the other party's confidential information to a third party without written consent from the other party.
- Notwithstanding the provisions of paragraph 2, the customer and the Company shall be able to disclose confidential information based on such order when required by law or when receiving an order, request, or request from a court, supervisory authority, financial instruments exchange, or other public authority.
- Notwithstanding the provisions of paragraph 2, the customer and our company shall be able to disclose confidential information to third parties that are obligated to maintain confidentiality in accordance with the law, such as lawyers, tax accountants, or certified public accountants.
19. Handling of Personal Information
- The customer is a general term for personal information obtained through this service (“personal information” as stipulated in the Act on the Protection of Personal Information and information relating to the privacy of friend registrants. Same below.) It is handled properly in accordance with all laws and regulations relating to the protection of personal information, such as the Act on the Protection of Personal Information, the Enforcement Order of the Act, and guidelines relating to the same law by relevant ministries and agencies, etc., and managed with the duty of care of a good administrator.
- If we make a claim, inquiry, complaint, etc. of infringement of rights from a third party due to the customer's violation of the preceding paragraph, we shall resolve this at the customer's expense and responsibility. Also, in the unlikely event that the Company independently responds to a dispute, the customer will be responsible for damages suffered by the Company and all expenses (including but not limited to attorney fees) required by the Company for legal activities such as defending itself. An equivalent amount shall be immediately paid to the Company.
20. Liability for Damages
If the customer violates any provision of this agreement or causes damage to our company, related parties, or third parties due to improper or illegal acts, the customer causes any damage (including attorney fees, costs required to restore the trust, image, etc. of our company or this service). We are responsible for compensating our company.
21. Changes to these Terms, etc.
The Company reserves the right to change these Terms. If the Company changes these Terms, the Company shall notify the customer of the details of the change.
22. Contacts/Notifications
Inquiries about this service and other communications or notifications from customers to the Company, notifications regarding changes to these Terms and Conditions, and other communications or notifications from the Company to customers shall be made in the manner specified by the Company.
23. Case Use
We shall be able to use the customer's company name and corporate logo free of charge as examples of implementation in press releases, business materials, IR materials, and posting on our website, etc. with respect to the use of this service, unless we have made a separate agreement with the customer.
24. Transfer of Status under Service Use Agreements, etc.
- You may not assign, transfer, establish collateral, or otherwise dispose of your status under the Service Use Agreement or your rights or obligations under this Agreement to a third party without our prior written consent.
- If the Company transfers the business related to this service to another company, it shall be possible to transfer the status under the service use agreement, rights and obligations based on this agreement, and customer registration information and other customer information to the transferee of the business transfer in accordance with the business transfer, and the customer shall be deemed to have agreed to such transfer in advance in this section. Note that business transfers stipulated in this section include not only normal business transfers, but also company splits and all other cases where business is transferred.
25. Effective Provisions
Sections 5, 18, and 19 shall remain in effect even after termination of these Terms of Use and this Agreement.
26. Separability
Even if any provision or part of this Agreement is determined to be invalid or unenforceable by law, etc., the remaining provisions of this Agreement and the remainder of the provisions judged to be partially invalid or unenforceable shall continue to be in full effect.
27. Governing Law and Competent Court
- These Terms and Service Use Agreements are governed by Japanese law.
- The Tokyo District Court or the Tokyo Summary Court shall be the exclusive court of jurisdiction for the first instance for any dispute arising out of or relating to these Terms of Use or the Service Use Agreement.
[Revision history]
Established: June 1, 2021
Revised: December 6, 2021
Revised: 2022/5/25
Revised: 2022/7/29
Revised: 2023/6/1
Revised: 2024/3/1