Terms｜Yoom

Yoom Inc.

_{Terms of Use}

These Terms of Use (hereinafter referred to as the "Terms") This Terms of Use Agreement (hereinafter referred to as the "Agreement") sets forth the terms and conditions for the provision of Yoom (hereinafter referred to as the "Service"). (hereinafter referred to as the "Company") and the customer using the Service (hereinafter referred to as the "Customer"). (hereinafter referred to as the "Company") and the customer using the Service (hereinafter referred to as the "Customer"). (hereinafter referred to as the "Company") and the customer using the Service (hereinafter referred to as the "Customer"). Before using the Service, you must read and agree to these Terms in their entirety.

_{Article 1 (Application)}

The purpose of these Terms is to set forth the terms and conditions for providing the Service and the relationship of rights and obligations between the Company and the Customer with respect to the use of the Service, and shall apply to all relationships between the Company and the Customer with respect to the use of the Service.

_{Article 2 (Definitions)}

The following terms used in these Terms shall have the meanings set forth below.

"Customer" shall mean an individual or corporation registered as a customer of the Service in accordance with Article 3.
"External Service" means a service provided by another entity other than the Company, which is set as a target for the Customer to use the Service.
"Customer's own system" means the system owned and managed by the customer.
"External Service Provider" means a service provider of an external service.
"External Terms of Use" means the terms that define the relationship of rights between the customer and the external service provider.
"Intellectual Property Rights" means copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights). The term "Application Information" shall mean the information provided in Article 2.
"Application Information" means the "Application Information" as defined in Article 3.
The "Company Website" means the website operated by the Company with the domain name "yoom.fun" (if the domain name or content of the Company Website is changed for any reason, the website after such change shall be included). The term "Authorized User" shall mean a person who is an Authorized User of the Company.
"Authorized Customer" shall mean an "Authorized Customer" as defined in Article 6.
The term "Service Agreement" shall mean the "Service Agreement" set forth in Article 3.
"Start of Use Date" means the "Start of Use Date" as set forth in Article 3.

_{Article 3 (Formation of Contract)}

Customers who wish to use the Service shall agree to abide by these Terms of Use, and shall fill out an application form for the use of the Service (hereinafter referred to as the "Application for Use") with the content and format specified by the Company. By submitting the Application Form in writing or by the electromagnetic method prescribed by the Company, the Customer shall apply to the Company for the conclusion of a contract for the use of the Service in accordance with the provisions of these Terms (hereinafter referred to as the "Usage Contract"). The User shall apply to the Company for the conclusion of a contract for the use of the Service (hereinafter referred to as the "Usage Contract") in accordance with the provisions of these Terms of Use by submitting the Application for Use by electromagnetic means.
The application for the conclusion of a Usage Contract as set forth in the preceding paragraph must be made by the individual or corporation using the Service, and in principle, applications by agents are not permitted. In addition, the Customer shall provide the Company with true, accurate, and up-to-date information (hereinafter referred to as "Application Information") when applying for the Service. In addition, the customer shall guarantee that the information provided to the Company in the application (hereinafter referred to as "Application Information") is true, accurate, and up-to-date.
The Company may reject the application of a person who has applied to enter into a Usage Agreement in accordance with Paragraph 1, if the person falls under any of the following items.
1. When the Company judges that there is a possibility of violating this Agreement.
2. When there is a falsehood, error, or omission in all or part of the application information provided to the Company.
3. If the registration for the use of this service has been cancelled in the past.
4. When the Company judges that the applicant's assets or credit status has deteriorated or is likely to deteriorate.
5. Anti-social forces, etc. (meaning organized crime groups, organized crime group members, right-wing groups, anti-social forces, and other similar parties. The same shall apply hereinafter. In the event that the Company deems that the User is an antisocial force, etc. (meaning a crime syndicate, organized crime syndicate, right wing group, antisocial force, or any other person equivalent thereto; the same shall apply hereinafter), or that the User has some kind of interaction or involvement with antisocial forces, etc. such as cooperating with or being involved in the maintenance, operation, or management of antisocial forces, etc. through the provision of funds or other means.
6. In any other cases where the Company deems it inappropriate to use the Service.
In accordance with the preceding paragraph and other Company standards, the Company shall determine whether or not the Customer may use the Service, and only if the Company approves the use of the Service shall the Company issue an account for use of the Service to the Customer and notify the Customer. With such notification, a usage contract shall be established between the customer who wishes to use the Service and the Company, and the date on which the Service can be used as stated in the notification of the issuance of the usage account shall be the date on which the Service can be used.
If there are any changes to the application information, the Customer shall notify the Company of such changes without delay in accordance with the method specified by the Company, and shall submit the materials requested by the Company. The Company shall not be liable for any damages incurred by the customer due to any falsehoods, errors, or omissions in the content of the application information.

_{Article 4 (Use of the Service)}

You may use the Service in accordance with these Terms of Use and in accordance with the method specified by the Company during the effective period of the Usage Agreement.

_{Article 5 (Fees and Payment Method)}

The consideration for the use of the Service paid by the Customer to Fuji Xerox (hereinafter referred to as the "Service Usage Fee") shall be as follows (hereinafter referred to as the "Service Usage Fee") shall be as set forth in each of the following items.
1. Basic Fee: The amount specified in the Application for Use (excluding consumption tax). The basic fee shall accrue from the month in which the start date of use belongs to the last day of the month in which the end date of the contract period specified in Article 15 belongs to. The basic fee shall accrue on a monthly basis, and shall not be prorated except for the month in which the start date of use belongs. The basic fee shall accrue on a monthly basis, and shall not be prorated except for the month in which the first day of use falls. In addition, it shall not be possible to change the usage plan to a lower plan during the contract period.
2. User License Fee: The fee shall be the amount specified in the Application for Use (excluding consumption tax). The user license fee shall be calculated by multiplying the user license fee per user by the number of contracted accounts. In addition, the number of user accounts shall be charged for all accounts issued during the month.
3. Option fee: The amount specified in the application for use (consumption tax not included).
In the case of a monthly contract, the Company shall close the Service usage fees for the current month at the end of each month, and issue an invoice to the Customer by the fifth business day of the following month using the electromagnetic method prescribed by the Company. The Customer shall pay the amount stated in the invoice by the last day of the month following the month of use of the Service by bank transfer to the bank account designated by the Company.
In the case of an annual contract, the Company shall close the annual basic fee on the last day of the first month of use, and issue an invoice to the Customer by the fifth business day of the following month by the electromagnetic method prescribed by the Company. The Customer shall pay the amount indicated on the invoice by the last day of the month in which the invoice is issued by bank transfer to the bank account designated by the Company. As for the user license fees, the invoice shall be closed at the end of each month as in the case of monthly contracts, and shall be delivered to the Customer by the fifth business day of the following month by the electromagnetic method prescribed by the Company.
In the event that the basic rate plan is changed to a higher level plan during the annual contract period, the difference in the basic rate for the remaining contract period shall be calculated from the month in which the plan is changed, and an invoice shall be delivered to the Customer by the fifth business day of the month following the month in which the plan is changed by the electromagnetic method prescribed by SOFTBANK TELECOM. The Customer shall pay the amount stated on the invoice by the last day of the month in which the invoice is issued by bank transfer to the bank account designated by the Company.
The Customer shall bear the bank transfer fee, consumption tax and any other costs required for payment as specified in Paragraphs 2, 3 and 4.
In the event that the Customer delays payment of the Service Usage Fees, the Customer shall pay to the Company a late payment charge at the rate of 14.6% per annum.

_{Article 6 (Management of Account Information)}

The Customer shall, at its own responsibility, manage its ID and password for the Service (ID and password issued to the Customer's officers and employees, persons entrusted by the Customer, and other persons authorized to use the Service (hereinafter referred to as "Authorized Customers")). The Company shall manage and store the IDs and passwords for the Service (including IDs and passwords issued to the Company's officers and employees, persons entrusted by the Customer, and other persons authorized to use the Service (hereinafter referred to as "Authorized Customers"), hereinafter collectively referred to as "Account Information"). The Customer shall manage and store the Account Information (hereinafter referred to as "Account Information"), including the ID and password issued to those who are authorized to use the Service (hereinafter referred to as "Authorized Customers"), and shall not allow any third party to use the Account Information, or lend, transfer, change the name of, or sell the Account Information. You shall not allow any third party to use, lend, transfer, change the name of, buy or sell your account information.
The customer shall be responsible for any damage caused by insufficient management of the account information, errors in use, use by a third party, etc. (including cases caused by the actions of the authorized customer). The customer shall be responsible for any damage caused by inadequate management of the account information, errors in use, use by a third party, etc. (including cases caused by the actions of the authorized customer).
If you find that your account information has been stolen or is being used by a third party, you shall immediately notify the Company and follow the Company's instructions.

_{Article 7 (Prohibited Acts)}

In using the Service, the Customer shall not engage in any of the following acts, and shall not allow Authorized Customers to engage in such acts.
1. Acts that infringe on the intellectual property rights or other rights or interests of the Company, other customers, external service providers, or other third parties (including acts that directly or indirectly cause such infringement).
2. Using the same user license for multiple users.
3. Acts related to criminal acts or acts that are offensive to public order and morals
4. Acts that violate laws and regulations or the internal rules of the Company or the industry group to which the customer belongs.
5. Sending information that contains computer viruses or other harmful computer programs.
6. Destroy, interfere with, or falsify information, the Company's systems, data, or networks that can be used in relation to the Service.
7. Analyze the Service or the Company's system.
8. Sending data that exceeds a certain amount of data capacity specified by the Company through the Service.
9. Acts that may interfere with the operation of the Service by the Company.
10. Other acts that the Company deems inappropriate.
In the event that the Company deems that the manner in which the Customer or Authorized Customer uses the Service falls under any of the items of the preceding paragraph, or is likely to fall under any of the items of the preceding paragraph, the Company may suspend the use of the Service or cancel the Usage Agreement without prior notice to the Customer. The Company shall not be liable for any damages incurred by the Customer based on the measures taken by the Company in accordance with this section.

_{Article 8 (Suspension of the Service, etc.)}

The Company may suspend or discontinue all or part of the use of the Service without prior notice to the Customer in any of the following cases
1. In the event of periodic or emergency inspection or maintenance of the computer system related to the Service, or work to upgrade the Service.
2. When computers or communication lines are stopped due to an accident.
3. When the operation of the Service becomes impossible due to force majeure such as fire, power outage, natural disaster, etc.
4. In the event of trouble with external services, interruption or suspension of service provision, suspension of linkage with this service, or changes in specifications.
5. In any other cases where the Company deems it necessary to stop or suspend the Service.
The Company shall not be liable for any damages incurred by the Customer based on the measures taken by the Company in accordance with this Article.

_{Article 9 (Burden of Equipment, etc.)}

The preparation and maintenance of computers, software and other equipment, communication lines and other communication environment, etc. necessary to receive the Service shall be at the expense and responsibility of the Customer.
The Customer shall, at its own expense and responsibility, take security measures such as prevention of computer virus infection, unauthorized access, and information leakage according to the environment in which the Customer uses the Service.
The Company is not obligated to store the information sent or received by you through the Service for a certain period of time, even if it is stored for operational purposes, and the Company may delete such information at any time. The Company shall not be liable for any damages incurred by you based on the deletion of such information.
When you start using the Service, or when you download data related to the Service or install software, etc. on your computer, smartphone, etc. during the use of the Service or external services, you shall pay sufficient attention to prevent the disappearance or alteration of information held by you, or the failure or damage of equipment, etc., and the Company shall not be liable for any such damage incurred by you.

_{Article 10 (Ownership of Rights)}

Except as expressly provided in these Terms of Use, the formation of a User Agreement does not constitute a transfer or license of the intellectual property rights of the Company or any party that has granted a license to the Company with respect to the Company's website or the Service. The formation of a user agreement does not imply the transfer or licensing of the intellectual property rights of the Company or any party that has licensed the Company with respect to the Company's website or the Service, except as expressly provided in these Terms. You shall not, for any reason whatsoever, perform any act (including, but not limited to, disassembling, decompiling, and reverse engineering) that may infringe the intellectual property rights of the Company or any party that has granted a license to the Company.
The Company may freely use, without charge, any data that the Company has compiled or compiled based on the data you have entered or otherwise transmitted on the Company's website or the Service.
The Company may obtain information regarding the manner of use of the Service by the Customer and may analyze such information by itself or by commissioning a third party in order to improve the Service.

_{Article 11 (Handling of Application Information)}

The handling of personal information contained in the application information acquired by the Company through the use of the Service by the Customer shall be in accordance with the Privacy Policy separately stipulated by the Company. In using the Service, the Customer shall agree to the Company's handling of personal information contained in the application information in accordance with the Privacy Policy, or shall have the Customer agree to such handling.

_{Article 12 (Cancellation of Contract)}

The Company may, without prior notice or demand, temporarily suspend the use of the Service or terminate the User Agreement in the event that the User falls under any of the following items.
1. In the event of violation of any of the provisions of this Agreement
2. When there is no response to the Company's inquiry or other communication requesting a response for more than 30 days
3. In the event of suspension of payment or inability to pay, or in the event that a petition is filed for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation or similar proceedings.
4. In the event that the User has committed an act that falls under any of the items in Article 7, Paragraph 1.
5. When the Company judges that the use of the Service or the continuation of the Service Usage Agreement is inappropriate.
In the event of any of the events listed in the items of the preceding paragraph, you shall lose the benefit of time for any and all debts owed to united, and shall immediately make payment of all debts to united.
The Company shall not be liable for any damages incurred by the Customer as a result of any action taken by the Company in accordance with this Article.

_{Article 13 (Cancellation of Contract)}

In principle, the customer may not cancel the service use contract during the period of use of the Service as specified in the "Application for Use".
When the contract is cancelled by mutual agreement between the customer and the Company for some reason, the customer shall naturally lose the benefit of time for all debts owed to the Company, and shall immediately make payment of all debts to the Company.

_{Article 14 (Change and Termination of the Service)}

The Company may change the contents of the Service or terminate the provision of the Service at the Company's convenience. In the event that the Company terminates the Service, the Company shall notify the Customer in advance.
The Company shall not be liable for any damages incurred by the Customer based on the measures taken by the Company in accordance with this Article.

_{Article 15 (Term of Use of the Service)}

The term of use of the Service shall be separately set forth in the "Application for Use. However, unless either the Company or the Customer notifies the Company of its intention to stop the renewal at least thirty (10) days prior to the expiration of the period of validity, the period of validity specified in the "Application for Use" shall be renewed automatically, and the same shall apply thereafter.
Notwithstanding the preceding paragraph, in the event that the Customer falls under any of the prohibited acts set forth in Article 8, or the Company reasonably determines that the Customer may fall under such acts, the Company may suspend the use of the Service in whole or in part at any time.

_{Article 16 (Exclusion of Antisocial Forces)}

The Customer agrees that it, its officers, and those who are substantially involved in the management of the Service do not fall under the category of anti-social forces (i.e., organized crime groups, members of organized crime groups, persons who have not been members of organized crime groups for five years, quasi-constituents of organized crime groups, companies related to organized crime groups, general meeting of shareholders, socially motivated extortionists, specially intelligent violent groups, and other similar persons). In the event that the User violates such representations, the User shall accept the termination of the Service without objection.

_{Article 17 (Disclaimers and Disclaimer of Warranty)}

The Company shall not be liable for any interruption, suspension, termination, or unavailability of the Service by the Company, or any other damage incurred by the Customer in connection with the Service (hereinafter referred to as "Customer Damage"). The Company shall not be liable to compensate for any loss or damage incurred by the Customer in connection with the Service, including but not limited to the suspension, termination, or unavailability of the Service.
The Company does not guarantee the fitness for a particular purpose, completeness, continuity, or suitability for a particular operating environment, etc. of the Service.
In no event shall the Company be liable for any damages incurred by the customer due to errors in the data or other information entered by the customer.
When acquiring or transmitting data containing personal information through the Service, it is the responsibility of the customer to obtain consent from the person in question and otherwise comply with the relevant laws and regulations before implementation.
The Service may be linked with external services or the customer's own system, but the Company does not guarantee that the Service will be linked with a specific external service or the customer's own system. In the event that the Service cannot be linked with external services or the customer's own system, or in the event that the use of part or all of the Service is restricted due to unexpected changes in the specifications of external services or the customer's own system (including cases where unexpected behavior occurs on the Service), the Company shall not be liable for any damages arising from such restriction. The Company shall not be liable for any loss or damage arising from the use of the Service, unless such limitation of use is caused by the Company's intentional act or gross negligence.
In the event that the Service is linked to an external service, you shall comply with the external terms of use at your own expense and responsibility. Any transactions, communications, disputes, etc. between the customer and the external service operator, other customers, or other third parties shall be handled and resolved at the customer's own risk, and the company shall not be liable for such disputes, etc., except in cases caused by the company's intentional or gross negligence.
The Company does not guarantee the fitness for a particular purpose, commercial usefulness, completeness, continuity, etc. of the external service or the customer's own system. The Company assumes no responsibility for the loss or destruction of such data, except in cases caused by the Company's willful misconduct or gross negligence.
Even if the Company is liable for any reason, the Company shall not be liable for compensation for customer damages in excess of the amount of compensation paid by the customer to the Company in the past six months, nor shall the Company be liable for compensation for incidental damages, indirect damages, special damages, future damages, or damages for lost profits.
The Company shall not be responsible for any transactions, communications, disputes, etc. between the customer and outside businesses or third parties in relation to this service.

_{Article 18 (Confidentiality)}

The term "Confidential Information" as used in these Terms of Use shall mean all information regarding the other party's technology, business, operations, finances, organization, and other matters that are provided or disclosed by the other party in writing, orally, or through recorded media, etc., or that the Customer and the Company have become aware of, in relation to the Usage Agreement or the Services. However, the term "information" shall not include (1) information that is or was already generally known to the public at the time it is provided or disclosed by the other party or becomes known to the public, (2) information that becomes known to the public through publications or other means for reasons not attributable to the other party after it is provided or disclosed by the other party or becomes known to the public, or (3) information that is not required to be kept confidential by a third party authorized to provide or disclose it. (2) The Customer and the Company shall exclude from the Confidential Information any information that (i) has been legally obtained from a third party with the authority to provide or disclose the information without being obligated to maintain confidentiality, (ii) has been independently developed without the use of confidential information, or (iii) has been confirmed in writing by the other party as not requiring confidentiality.
The Customer and the Company shall use the Confidential Information solely for the purpose of using or providing the Service, and shall not provide, disclose or leak the Confidential Information of the other party to any third party without the written consent of the other party.
Notwithstanding the provisions of Paragraph 2, the Customer and the Company may disclose Confidential Information in accordance with laws and regulations, or in response to an order, request, or demand by a court, regulatory authority, financial instruments exchange, or other public institution, based on such order, etc.
Notwithstanding the provisions of Paragraph 2, the Customer and the Company may disclose Confidential Information to third parties who are obligated by law to maintain confidentiality in the course of their duties, such as attorneys, tax accountants, and certified public accountants.

_{Article 19 (Handling of Personal Information)}

You shall not disclose any personal information (collectively, "personal information" as defined in the Act on the Protection of Personal Information and information related to the privacy of Friends) obtained through the Service. The same shall apply hereinafter. (hereinafter referred to as "personal information") obtained through the Service shall be properly handled in accordance with all laws and regulations related to the protection of personal information, including the Act on the Protection of Personal Information, the enforcement ordinance of the Act, and guidelines related to the Act by the relevant ministries and agencies, and shall be managed with the care of a good manager.
In the unlikely event that the Company receives a claim of infringement, inquiry, or complaint from a third party due to a customer's violation of the preceding paragraph, the customer shall resolve the matter at the customer's expense and responsibility. Furthermore, in the unlikely event that the Company responds to such a dispute on its own, the Customer shall immediately pay to the Company an amount equivalent to all costs (including, but not limited to, attorney's fees) incurred by the Company in legal activities to defend itself and any damages incurred by the Company. You shall immediately pay to Fuji Xerox any and all damages incurred by Fuji Xerox and any and all costs (including, but not limited to, attorney's fees) incurred by Fuji Xerox in legal action to defend itself.

_{Article 20 (Liability for Damages)}

In the event that the Customer violates any provision of these Terms of Use or causes damage to the Company, a related party, or a third party due to a fraudulent or illegal act, the Customer shall be liable to compensate the Company for any and all damages (including, but not limited to, attorney's fees and costs required to restore the reputation and image of the Company or the Service). Article 21 (Terms and Conditions, etc.)

_{Article 21 (Changes to the Terms, etc.)}

The Company reserves the right to change the Terms. In the event that the Company makes any changes to these Terms, the Company shall notify the Customer of such changes.

_{Article 22 (Contact / Notification)}

Inquiries and other communications or notifications from the Customer to the Company regarding the Service, as well as notifications from the Company to the Customer regarding changes to the Terms and other communications or notifications from the Company to the Customer, shall be made in a manner determined by the Company.

_{Article 23 (Use of Cases)}

Unless otherwise agreed with the Customer, the Company may use the Customer's corporate name and corporate logo in press releases, sales materials, IR materials, and on the Company's website, etc., as examples of the use of the Service, free of charge.

_{Article 24 (Transfer of Status under the Service Usage Contract, etc.)}

You may not assign, transfer, mortgage, or otherwise dispose of your position under the Service Usage Agreement or your rights or obligations under these Terms to any third party without the prior written consent of united.
In the event that united transfers the business of the Service to another company, united may transfer the status under the Service Usage Contract, rights and obligations under these Terms, and customer information such as customer registration information to the transferee of the transfer. The customer shall be deemed to have agreed to such transfer in advance. The business transfer set forth in this Section shall include not only ordinary business transfer, but also corporate separation and any other cases in which business is transferred.

_{Article 25 (Effective Provisions)}

Article 5, Article 18, and Article 19 shall remain in effect even after the termination of these Terms of Use and this Agreement.

_{Article 26 (Severability)}

Even if any provision of these Terms of Use or any part thereof is determined to be invalid or unenforceable under any law or regulation, the remaining provisions of these Terms of Use and the remaining parts of the provisions that are determined to be invalid or unenforceable shall continue to be in full force and effect.

_{Article 27 (Governing Law and Court of Jurisdiction)}

These Terms of Use and Service Usage Agreement shall be governed by the laws of Japan.
The Tokyo District Court or the Tokyo Summary Court shall be the exclusive court of first instance for any and all disputes arising out of or related to these Terms and Conditions or Service Usage Agreement.

Revision History

Enacted: June 1, 2021

‍