This English translation is provided for reference purposes only. In the event of any discrepancy between this English translation and the original Japanese text, the Japanese text shall prevail. This translation is not legally binding and is provided strictly as a courtesy to non-Japanese speaking users. All legal matters shall be governed by and construed in accordance with the Japanese original.
These Terms of Service (hereinafter referred to as the "Terms") establish the conditions for using the "CheckBack" service (including any renamed services, hereinafter referred to as the "Service") operated and provided by rayout inc. (hereinafter referred to as the "Company"). To use the Service, you must agree to these Terms.
These Terms aim to establish the rights and obligations between users who use the Service (hereinafter referred to as "Users") and the Company regarding the Service's provision conditions and usage, and shall apply to all relationships concerning the Service usage between Users and the Company.
Confirmations, notices, guidelines, and terms of use for individual services (hereinafter referred to as "Individual Services") provided within the Service (hereinafter collectively referred to as "Individual Terms of Use") shall constitute part of these Terms.
In case of any discrepancy between these Terms and Individual Terms of Use, the Individual Terms of Use shall prevail.
Users shall be deemed to have agreed to all contents of these Terms and Individual Terms of Use (hereinafter collectively referred to as "Terms, etc.") by using the Service.
The Company may revise these Terms, etc. at its discretion after notifying Users in advance of the effective date and content of the revised terms.
If Users do not agree to the revised Terms, etc., they must immediately cease using the Service.
If Users continue to use the Service after the revised Terms, etc. take effect, they shall be deemed to have agreed to all contents of the revised Terms, etc.
Users may use the Service or Individual Services by completing user registration in the manner specified by the Company and agreeing to these Terms and the Privacy Policy separately established by the Company.
The Company may delete User accounts that have not been accessed for more than one year from the last access without prior notice to Users.
Users shall bear responsibility for damages arising from insufficient account and password management, usage errors, third-party use, and other Service usage-related matters. The Company shall bear no responsibility, and Users shall not take legal action against the Company regarding these matters.
Users shall promptly notify the Company of any changes to registration information using the method specified by the Company. The Company shall not be responsible for any damages incurred by Users due to failure to notify changes in registration information.
The Company may refuse Service and Individual Services usage if it determines that Users fall under any of the following circumstances, and shall not be obligated to disclose the reasons:
Users shall indemnify the Company from any consequences resulting from measures taken under the preceding paragraph.
Users shall not provide personal information to the Company unless necessary. When such necessity is recognized and Users provide personal information to the Company, Users shall specify such personal information, notify its existence and content, and represent and warrant to the Company that they have the authority to provide such personal information.
The Company shall appropriately handle personal information obtained from Users in accordance with the "Privacy Policy" and other regulations concerning personal information handling separately established by the Company.
By using the Service and Individual Services, Users shall be deemed to have agreed that the Company may handle personal information provided by Users in accordance with the "Privacy Policy" and other regulations concerning personal information handling.
Users shall pay usage fees separately established by the Company according to their usage plan as consideration for using the Service and Individual Services.
Users shall pay usage fees by credit card payment or bank transfer by the date specified by the Company, and the Company shall not refund received usage fees under any circumstances.
Users shall prepare communication costs and communication devices necessary for using the Service at their own expense and responsibility.
All rights related to the Service and Individual Services (including but not limited to intellectual property rights such as copyrights, trademarks, and patents) belong to the Company or third parties who have licensed rights to the Company.
The Company grants Users the right to use the Service and Individual Services in accordance with these Terms, etc. Users may not transfer this right to third parties or establish security interests in such rights.
Users represent and warrant that they will not infringe upon third parties' rights or interests when using the Service and Individual Services.
Users acknowledge that intellectual property rights (including rights defined in Articles 27 and 28 of the Copyright Act) arising from Service or Individual Services usage belong to the Company and represent and warrant that they will handle all necessary rights processing with third parties.
Users shall grant the Company and third parties designated by the Company permission to use intellectual property related to the intellectual property rights defined in the preceding paragraph and shall not exercise moral rights.
Users shall record, store, and manage all information provided by the Company through the Service, information obtained by Users, or information transmitted or input by Users on the Service, including registration information, at their own responsibility.
Users shall perform backup operations for the information mentioned in the preceding paragraph at their own responsibility (including but not limited to using the Service's functions provided by the Company). The Company shall not be responsible for any damages or disadvantages incurred by members due to the absence of backup data or Users' failure to properly implement backup operations.
The Company may, at its discretion, record all or part of the information defined in first paragraph as backup, but the Company shall not be obligated to perform such backup. Furthermore, this does not complement the backup performed under Users' responsibility as defined in the preceding paragraph and does not guarantee the recovery of all or part of the information defined in first paragraph.
The Service and Individual Services may include services or content provided by the Company's partners or other third parties (hereinafter referred to as "Partner Services"). Responsibility for such Partner Services shall be borne by the providers of such services, not the Company. Such Partner Services may be subject to terms of use, privacy policies, or other conditions (regardless of name) established by their providers.
When Users use Partner Services, the Company may provide User account information to Partner providers, and Users shall agree to such provision of account information in advance.
The Company may receive usage history and other information regarding Partner Services from Partner providers, and Users shall agree to such provision of information in advance.
Users shall handle and resolve any transactions, communications, or disputes arising between Users and Partner providers or other third parties regarding Partner Services usage at their own expense and responsibility, and the Company shall not be responsible for such matters.
Users shall not engage in any of the following actions or actions that the Company determines may fall under the following when using the Service or Individual Services:
If the Company determines that a User has violated any of these Terms, etc., the Company may terminate such User's Service and/or Individual Services usage at any time and take the following measures. The Company shall not be responsible for any disadvantages or damages incurred by Users due to such measures:
Users may not object to measures taken by the Company based on these Terms, etc. against actions violating these Terms, etc.
Users shall immediately compensate the Company according to its request if the Company suffers any direct or indirect damages (including burden of attorney fees) arising from Service or Individual Services usage (including cases where the Company receives claims from third parties due to such usage).
Users may cancel the Service and Individual Services by expressing their intention to cancel to the Company using the method separately specified by the Company and obtaining the Company's consent.
Upon cancellation, if Users have any obligations to the Company, they shall automatically lose the benefit of time for all obligations and immediately make all payments to the Company.
The Company shall not be obligated to continue holding any information including personal information or work products of cancelled Users.
The provisions of paragraphs 2 and 3 of this Article shall also apply to cases defined in Article 5 (Suspension of Usage Qualifications).
The Company makes no warranty that the Service and Individual Services are suitable for Users' specific purposes, have expected functions/commercial value/accuracy/usefulness, comply with laws or industry group internal rules applicable to Users, or will operate without defects, and shall not be responsible for compensating any damages suffered by Users related to the Service (hereinafter referred to as "User Damages") except as required by law.
The Company shall not be obligated to fix bugs or other issues in the Service and Individual Services, or to improve or enhance the Service and Individual Services.
The Company may interrupt, suspend, terminate, or change all or part of the Service and Individual Services provision at its convenience without prior notice to Users.
Even if the Company bears responsibility for any reason, the Company shall not be responsible for compensating User Damages exceeding the amount paid by Users to the Company in the past three months, and shall not be responsible for compensating incidental damages, indirect damages, special damages, future damages, and lost profit damages, except in cases of intention or gross negligence by the Company.
The Company shall not be responsible for any transactions, communications, or disputes arising between Users and other Users or third parties related to the Service, Individual Services, or Company website.
Users may not transfer, move, establish security interests in, or otherwise dispose of their status as Users or rights or obligations based on these Terms, etc. to third parties without prior written consent from the Company.
In case the Company transfers its business related to the Service and Individual Services to another company, it may transfer its position in these Terms, etc., rights and obligations based on these Terms, etc., and Users' registration information and other information to the transferee of such business transfer, and Users shall be deemed to have agreed to such transfer in advance in this paragraph. Business transfers defined in this paragraph shall include not only ordinary business transfers but also company splits and all other cases where business is transferred.
Even if the Company does not exercise or implement rights shown in these Terms, etc., it shall not constitute a waiver of such rights.
Even if any provision of these Terms, etc. is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining parts other than the provisions determined to be invalid or unenforceable shall continue to have full effect.
These Terms shall be interpreted under Japanese law.
If any part of these Terms is deemed illegal, unenforceable, or invalid by a court or other authority with legitimate jurisdiction, such illegality, unenforceability, or invalidity shall not affect the legality, enforceability, or validity of any other provisions of these Terms of Use.
In case litigation or other necessity arises related to the Service, the Tokyo District Court shall be the exclusive court of first instance with agreed jurisdiction.
End of Terms
(Supplementary Provision) Established Date: November 1, 2023