The use of the Service shall be limited to business purposes, and the user of the Service (hereinafter referred to as "the User") shall agree to all of the terms and conditions of the Terms.
Article 1 Application and Amendment of the Terms
1. The Terms applies to the use of the Service in accordance with Article 2 of the Terms.
2. The Company may revise the Terms with a prior notice by an email to the address registered by the User. The revised Terms shall be posted on the official website of the Service (hereinafter referred to as the "Official Website") and shall become effective at the time set forth by the Company.
3. Regardless of any notice or request from the Company, the User shall periodically check the contents of the Official Website and the Application, as well as the contents of the Terms.
4. The User is deemed to have agreed to the amended Terms by using the Service after the amendment in accordance with Paragraph 2 above.
5. In no event shall the Company be liable for any damage incurred by the User due to the changes in the Terms. As used herein, “damage” means any damage regardless of its nature, such as direct damages, indirect damages, performance profits, trust profits, positive damages, negative damages and lost profit, and shall include, but not limited to, cost of litigation and legal fees.
Article 2 Types and Definitions of the Service and the Application
1. The Service shall be provided in the following Plans, with Free Plan being the only Plan provided free of charge, while other Plans (hereinafter referred to as “Chargeable Plans”) are provided on a chargeable basis. The Company may offer to corporate (hereinafter deemed to include a sole proprietor who does not have a corporate status) users a plan that is different from those specified below.
(1) Free Plan
(2) Simple Plan
(3) Standard Plan
(4) Professional Plan
(5) Corporate Contract Plan
2. The functions, conditions of use, etc. of each Plan in the preceding paragraph shall be as provided for in the Fee Plan page on the Official Website.
3. The Application shall be provided in two versions, a smart device version and a web version, depending on the way the Application is used, and the definition of each version is as provided below. These two types of versions are available for each of the 5 types of Plans described in Paragraph 1 of this Article.
(1) Smart device version:
The Application is downloaded by the User to his/her smart devices.
(2) Web version:
The User accesses the cloud designated by the Company and uses the Application on the cloud.
(As used herein, "smart devices" shall collectively refer to smartphones and tablet devices.)
Article 3 Procedures for Use, etc.
1. The User may use Free Plan of the Service only at the beginning of use.
2. Prior to using the Service, the User shall complete the registration (“User Registration”) in accordance with the method prescribed by the Company. The User Registration, as provided herein, shall include the registration of an email address that can receive emails from the domain address prescribed by the Company. (Domains prescribed by the Company: @miraikoji.com and @miraikoji2.com).
3. The User may use Free Plan with Smart device version without completing the User Registration as provided for in the preceding paragraph, provided, however, that the Company shall not be held whatsoever liable for any disadvantage or damage suffered by the User, as a result of failing to complete the User Registration.
4. If the User wishes to change from Free Plan to any one of the Chargeable Plans, the User shall complete the application procedure for changing to a desired Plan by entering and registering the information specified by the Company (including the User Registration) in the prescribed manner on the Official Website, and the date of completion of the application procedure shall be the date of commencement of use of the new Plan. Any information created by the User using Free Plan prior to the date of commencement of use of the new Plan shall not be deleted after the migration to the new Plan but shall continue to be stored and used in the new Plan.
5. The User who has applied for a change from Free Plan to any one of the Chargeable Plans of the Service as provided for in the preceding paragraph shall complete the registration procedures for the settlement of fees in accordance with the following categories.
(1) Individual Users
The payment shall be made by credit card, and the User shall register the prescribed information on the website of the credit card settlement agency specified by the Company and complete the registration procedures for the settlement of fees for the relevant Plan (see Article 4).
(2) Corporate Users
The User shall select either cash payment or credit card payment, and in the case of credit card payment, the User shall follow the same registration procedures as provided for in the preceding subparagraph, and in the case of cash payment, the User shall follow the registration procedures for settlement by cash payment in accordance with the method prescribed by the Company (see Article 4).
Article 4 Fees and Payment Method
1. The fees for the Chargeable Plans of the Services shall be as posted on the Fee Plan page on the Official Website.
2. The Company reserves the right to revise the fees with a prior notice by an email to the address registered by the User.
3. The fee is fixed on a monthly basis, regardless of the number of days the User actually uses the Service. The fee shall be charged on the User's first day of use and shall continue to be charged on a monthly basis thereafter on the same day as the User's first day of use (or the first day of the following month if there is no such day). Notwithstanding the foregoing, however, those corporate Users who choose to use the cash payment method may, at their option, elect to pay the relevant monthly fees in a lump sum for one year on an annual basis in accordance with the method prescribed by the Company.
4. The Users of Chargeable Plan may change to other Chargeable Plan by following the prescribed procedures on the Official Website. If any one of the Chargeable Plans is changed to another Chargeable Plan, it shall be handled in accordance with the provisions in the following subparagraphs:
（1）In the event of a change to a Plan with a lower fee, the fee applicable to the Plan after change shall be charged on the date of such change and shall continue to be charged every month thereafter on the same day (or the first day of the following month if there is no such day) as the day of such change.
（2）In the event of a change to a Plan with a higher fee, no fees will be charged for the upgraded Plan on or before the last day of the month in which the Plan is changed, and the fee for the Plan after change will be charged on the first day of the month following the date of the such change (or on the day of such change if the change is performed on the first day of the month), and will continue to be charged on the first day of every month thereafter.
（3）Notwithstanding the foregoing paragraphs, however, if a corporate User chooses to pay the monthly fees for one year in a lump sum as provided for in the proviso of the preceding paragraph, such corporate User may not change the Plan during the one-year period for which the lump sum payment is made. A change of Plan may be performed only on the anniversary date of the first day of use in each year, in accordance with the method prescribed by the Company, and the monthly fee shall be changed to the monthly fee applicable to the Plan after change on that date.
5. Individual Users and those corporate Users who have chosen to use credit card payment shall pay the fees and consumption tax, etc. related thereto as specified in the preceding four paragraphs, by using a credit card. In the event of a dispute between User and the credit card company or other financial institution regarding said credit card payment, the User shall resolve the dispute at his/her own responsibility and expense, and the Company shall bear no liability whatsoever.
6. Those corporate Users who choose to use cash payment shall pay the fees and consumption tax, etc. related thereto as set forth in Paragraphs 1 through 4, by bank transfer to the account designated by the Company in accordance with the method prescribed by the Company.
7. The Company shall not refund any fees and consumption tax, etc. paid by the User in accordance with this Article, regardless of reason.
Article 4-2. In-App Purchase
1. By selecting the billing method within the smart device version of the Application (hereinafter referred to as "In-App Purchase"), the individual user who has obtained the Application from the App Store may make subsequent payment and plan changes through In-App Purchase in the plan change procedure set forth in Article 3, Paragraph 4. In addition, if you choose In-App Purchase, all subsequent payments and plan changes will be made through In-App Purchase, and you will not be able to change to credit card payment or change your plan on the Official Website.
2. In the case of In-App Purchase, a different fee from that shown on the "Price Plan" page of the Official Website will be applied.
3. The timing of billing, the start of use of the new plan, and the refund, etc. in the event of a plan change through In-App Purchase shall be in accordance with the provisions of Apple Inc.
Article 5 Conditions for the Use of the Service
1. The use of the Service shall be limited to business purposes.
2. The Service shall be installed and used on the device owned by the User and shall not be installed or used on a third party's device.
3. The User shall procure the equipment and communication environment necessary to use the Service at his/her own expense and risk.
4. The Service shall not be used for the purpose of allowing a third party the use thereof. Notwithstanding the foregoing, however, this does not preclude a corporate User from allowing the Service to be used by its officer, employee, or other worker of such corporate User (including anyone similar thereto and temporary employees) as well as subcontractors of such corporate User (all of which are collectively referred to as “Employees”).
5. The Company assumes no liability for any damages suffered by the User or other third parties as a result of the User lending, exchanging, transferring, or pledging devices in which the Service is installed.
6. Corporate User shall, in order to use the Service, submit to the Company its login information (such as email address, etc., which are hereinafter referred to as "Login Information") in the registration procedures as set forth in Article 3, Paragraph 2, and in the event that the Service is to be used by the Employees of such corporate User, the Login Information of such Employees shall also be submitted to the Company.
Corporate User shall comply with each of the following requirements, and shall cause its Employees to comply with the same requirements, and shall be held liable for the breach of any one of these requirements by its Employees.
(1) To ensure that Employees are made aware of the matters set forth in Articles 8 through 15 of the Terms and cause them to comply with the obligations set forth in the respective Articles.
(2) Not to allow anyone other than its Employees to use the Login Information, and not to disclose, provide, or divulge the Login Information to anyone other than its Employees, or not to allow anyone other than its Employees to access the Service.
(3) To use and protect the Service and the Login Information with the care and attention of a good manager, only for the purpose of using the Service by the User, and to comply with any other rules which may be separately established by the Company for the handling of the Service.
(4) Not to assign or grant a license to use or reuse the Service or the Login Information, or not to sublease, transfer the possession of, distribute (regardless of the form, and including acts that enable public transmission or automatic transmission of the Login Information) or pledge the Login Information.
Article 6 Registration of Changes
1. In the event of any change in any of the information registered by the User (including address, contact information, email address, etc., as well as the Login Information as provided for in Article 5, Paragraph 6) in accordance with Article 3, Paragraphs 2 and 3 of the Terms), the User shall promptly register such changed information in the manner prescribed by the Company. 2. The Company shall not be held liable whatsoever for any disadvantage which may be suffered by the User as a result of failing to register such change as stipulated in the preceding paragraph.
Article 7 Handling of User' Information
2. The Company shall not disclose or divulge the information described in the preceding paragraph to any third party, except in the following circumstances:
(1) When a consent is given by the User
(2) When required by a court, police, tax office, consumer center, or other agency to disclose information in accordance with the authority granted by law or ordinance.
(3) When the Company determines that the property rights or safety of the Company or a third party is threatened or that the information in question is contrary to the public interest.
(4) When the Company entrusts to a third party all or part of the work required for the installation of the Service (which are requested by the User such as support at the time of introduction, work on behalf of the User for setting and data registration, and work related to the interface with the User's system for using the Application, etc.) or the operation of the Application (including the cases where the entrusted party further entrusts to another third party), provided that the Company shall impose on such entrusted party the obligations equivalent to the Company's obligations set forth in this Article and shall take reasonable measures to enforce the compliance of such obligations by such entrusted party with the care of a good manager.
Article 8 Prohibited Matters
In using the Service, the following actions are prohibited.
(1) Interfering with the operation of the Service
(2) Violation of the Constitution, laws, ordinances, orders, international laws, or other regulations
(3) Actions that are offensive to public order and morals, or that aid and abet such actions.
(4) Criminal acts, illegal acts, and acts that aid and abet such acts
(5) Acts that adversely affect the sound development of minors
(6) Defamation, dissemination of false rumor, or any other acts that may damage the reputation or credibility of the Company or any third party.
(7) Disturbing behavior such as threatening or deceiving a third party
(8) Collecting, acquiring, storing, transmitting, or leaking a third party's personal information, or attempting, aiding or abetting any of the above.
(9) Unauthorized access or impersonation using another user account and password.
(10) Act of impersonating a person related to the Service.
(11) Solicitation and activities of any kind of groups, including religious groups.
(12) Any act of discrimination based on region, race, religion, gender, ethnicity, etc.
(13) Any act of inducing suicide or self-injury, or to aid and abet or assist in such acts.
(14) Any act of causing a person other than the User (including employees of the User who have not been granted a user account) to use a user account and password of the User, or of disclosing, exchanging, lending, transferring, selling, or sublicensing the user account and password.
(15) Infringement on the intellectual property rights or other rights of others.
(16) Buying, selling, advertising, exchanging, lending, or soliciting for goods.
(17) Reselling, lending, or distributing the Service.
(18) Intercepting communications, interfering with communications, hacking the server for the Service or obtaining information therefrom.
(19) Development, creation, distribution of programs or data that takes advantage of the defects in the Service or aiding and abetting thereof.
(20) Transmitting or posting illegal programs or data such as computer viruses.
(21) Development, manufacture, distribution of programs or data for the purpose of unauthorized use of the Service or aiding and abetting thereof.
(22) Decompiling, disassembling, or reverse engineering the server program or the client program of the Service or aiding and abetting thereof.
(23) Altering, destroying, or deleting the web contents relating to the Service.
(24) Sending the same or similar data in large volume.
(25) Any other actions that the Company deems inappropriate.
Article 9 Suspension and Restriction of Provision of the Service
1. In the event that the User of a Chargeable Plan fails pay the fee without delay, the Company may, at its sole discretion, take the measures set forth below without requiring any prior notice or other procedures.
(1) In the event the payment of the fee is delayed once, the Company may unilaterally downgrade the User to Free Plan, suspend the use of all or part of the Service, or take other necessary measures until the delayed fee is paid in full.
(2) In the event the payment of the fee is delayed for a total of three (3) times or more, the Company may immediately terminate the User registration of such User, cancel all or part of the contracts for the use of the Service (including the Terms, hereinafter referred to as the "Agreement"), or take other necessary measures.
2. In the event that the Company determines that any one of the following categories applies to the User, the Company may, at its sole discretion and with respect to such User, immediately suspend the use of all or part of the Service, cancel such User's registration, terminate the Agreement in whole or in part or take any other necessary measures without requiring any prior notice or other procedures.
(1) If the User breaches or is likely to violate any of the prohibited acts or other terms and conditions of the Terms.
(2) When a fraudulent act is found in connection with the payment of the fee.
(3) When the payment for the Service is suspended or invalidated by the payment provider.
(4) When an unauthorized use of the user account and password (including use by a third party) is discovered.
(5) When the Company determines that the User will adversely affect the provision or the operation of the Service.
(6) When a User of Free Plan fails to access the server of the Service for more than six (6) months.
3. In the event of cancellation of registration, suspension of use, or termination of the Agreement in accordance with the preceding paragraph, the User shall be prevented from using the Service (or the relevant portion of the Service in the event of partial suspension or termination), and the information (including data, images, and other contents, etc.) created by such User using the Service's functions shall be deleted by the Company, including information backed up in accordance with Article 12, Paragraph 2 of the Terms, and the User shall be deemed to have agreed to this without objection.
Article 10 Change, Termination, and Suspension of the Service
1. The Company reserves the right to change (including updates) the contents of the Service or the method of providing the Service without prior notice to the User.
2. The Company may, at its discretion, terminate the provision of all or part of the Service. In this case, the Company shall provide a prior notice by an email to the address registered by the User not less than six (6) months in advance, provided, however, that this shall not apply to the situation where the Company is compelled to terminate the provision of all or part of the Service due to unavoidable circumstances, including, but not limited to, the event of force majeure.
3. The Company may suspend the provision of the Service temporarily or for an extended period in order to perform maintenance or repair on the software, hardware, equipment or other resources used to provide the Service.
4. In the event of force majeure such as natural disasters, fire, power outages, other unforeseen incidents, interruption in communication lines such as Internet lines and cell phone lines, or any other circumstances where the Company deems it necessary to interrupt the provision of the Service, the Company may interrupt the provision of the Service without prior announcement or notification to the User.
5. The Company shall not be held liable for any damages or loss suffered by the User as a result of changes to, termination of, or suspension of the Service pursuant to this Article.
Article 11 Disclaimer
1. The Company does not guarantee the completeness, accuracy, fitness for use or usefulness of the Service in any way.
2. The Company does not guarantee the perpetuity of the existence, content, or method of providing the Service.
3. The Company shall not be held liable for any damage or loss suffered by the User due to unauthorized access to the Service or any other action by third parties.
4. In no event shall the Company be held liable for any damages or disputes suffered by the User, arising from the use of the Service, or from any act performed by the Company in connection with the provision of the Service or in accordance with the provisions of the Terms.
5. Any dispute among the Users or between a User and a third party arising from the use of the Service shall be resolved at such User's own risk and expense, and the Company shall not be held liable whatsoever.
6. The User shall be responsible for any information (which shall be hereinafter deemed to include data, images, and other contents) created and transmitted by such User using the functions of the Service, and the Company makes no guarantees and assumes no responsibility for the content of such information.
7. The Company shall not be held liable for any loss, damage or alteration of information created or transmitted by the User using the functions of the Service, any failure or damage to mobile devices or other related equipment used by the User for the Service, or any other damage suffered by the User in connection with the use of the Service.
Article 12 Capacity and Backup
1. The duration of period which User can store information created, as well as the upper limit of the volume of data that can be stored, using the functions of the Service, shall be determined by the Company and posted on the Official Website.
2. The Company shall back up the information created by the User using the functions of the Service in accordance with the methods and conditions determined by the Company. The storage period and maximum volume of information data for said backup shall be the same as those set forth in the previous paragraph.
3. In the event that all or part of the data backed up in accordance with the preceding paragraph is lost, damaged or altered, etc. (hereinafter lost, damage or altered etc. referred to as “ losses etc.”), the Company will provide compensation in cash, only if the cause of the loss, etc. is attributable to the Company. The amount of compensation (in the event of multiple losses, etc., the total amount of compensation for all losses, etc.) shall not be greater than the total amount of fees paid by the User in accordance with the Terms during the twelve (12) months preceding to the loss of said information (or in the event of multiple losses, etc., preceding the most recent loss, etc.), and in no event shall the Company's compensation exceed this limit. Furthermore, the User shall not be entitled to demand any compensation under this paragraph after six (6) months have passed since the loss of the relevant information.
4. The Company shall not be held liable for any loss, destruction, or alteration of all or part of the backed-up information in any way other than in accordance with the preceding paragraph.
Article 13 Copyright and Intellectual Property Rights of the Service
1. The intellectual property rights for any information, images, program and all other information provided by the Company to the User through the Service shall belong to the Company unless otherwise set forth.
2. The User is prohibited from copying, modifying, distributing, publishing any of the copyrights or the intellectual properties of the Service or taking any other action similar thereto for any purpose other than for personal use. Likewise, the User shall prevent any third party from doing the same.
Article 14 Withdrawal from Membership and its Effect
1. When a User wishes to terminate the use of the service, such User may withdraw from the Service by, with respect to individual users, clicking “Terminate” button on the account page on web version, or with respect to corporate users, notifying the Company in writing (including email). , with respect to individual User, withdraw from the Service and cancel his//her registration as provided for in Article 3, Paragraph 2 of the Terms by notifying the Company in the manner prescribed by the Company.
2. In the event of a notification as described in the preceding paragraph, the User shall no longer be able to use the Service, and any information relating to such User obtained by the Company (including the User Registration of such User in accordance with Article 3, Paragraph 2 of the Terms) as well as all information (including data, images, and other content) created and transmitted by such User using the functions of the Service will be automatically deleted, including the information backed up in accordance with Article 12, Paragraph 2 of the Terms, and the User shall have agreed to this without objection.
Article 15 Assignment of Contractual Status under the Terms
In the event that the Company assigns the operation of the Service to a third party, the contractual status under the Terms (rights and obligations under the Terms, as well as the registered information of the User and other customer information (including information pertaining to the User obtained through the Service as described in Article 7)) shall be succeeded to by the assignee of said assignment. The User is deemed to have agreed in advance to such succession under this article. The business transfer set forth in this article shall include not only ordinary business transfers, but also corporate splits and any other cases in which business is transferred.
Article 16 Governing Law, Consultative Settlement, and Court of Jurisdiction
1. The Terms are governed by the laws of Japan.
2. Any dispute between the User and the Company in connection with the Service shall be resolved through consultation in good faith between the two parties.
3. The Tokyo District Court shall be the exclusive court of first instance for all disputes related to the use of the Service.
Enacted on November 10, 2016
Revised on August 16, 2017
Revised on November 20, 2017
Revised on December 24, 2018
Revised on January 23, 2019
Revised on June 3, 2019
Revised on February 6, 2020
Revised on January 19, 2021
Revised on March 1, 2021
Revised on November 1, 2021
Revised on December 6, 2022