Terms of Use for the ZeroApp

Article I. Terms of Use
These Terms of Use for the ZeroApp (hereinafter referred to as these “Terms”) define and stipulate the terms and conditions which shall be observed by any and all users (hereinafter referred to as the “User(s)”) who use in any way, including but not limited to accessing, browsing and posting, the ZeroApp and any of its related services (hereinafter referred to as the “Services”) provided by Ateam Inc. (hereinafter referred to as the “Company”), and the relationship between the User and the Company. In order to use the Services, the User shall be required to agree to all of these Terms and any other rules and guidelines referenced herein.
Article II. Scope of these Terms
Notices which will be issued by the Company to the User as stipulated in Article 4 hereof shall constitute a part of these Terms.
Article III. Change to these Terms
1. The Company may make any change to these Terms without prior notice to the User. In such case, terms and conditions for the Services shall be subject to the changed Terms.
2. The changed Terms shall come into effect upon its appearing online unless otherwise specified by the Company.
Article IV. Notice and other communications from the Company
1. The Company shall, from time to time, notify the User of necessary information by displaying it online or any other ways which the Company deems appropriate.
2. Such notices shall come into effect at the time the Company makes them available to the public.
3. When the Company determines that a notice or communication to the User is necessary, the Company may communicate with the User by email or any other means registered by the User.
4. When any User makes an inquiry to the Company, he/she shall contact the applicable contact point via email. In this case, the Company may not be able to and cannot guarantee a reply to all of such inquiries and there shall be no deadline for replying.
Article V. Use of Services
1. The User may use the Services within the scope of these Terms.
2. The Services will be used within the range of the data transfer rate of the mobile device’s telecom provider subscribed to by the User. Any of fees and charges arising out of use of the Services shall be born by the User.
Article VI. Principle of self-responsibility
1. The User shall assume any and all responsibilities for his/her use of the Services and any actions taken through the use of the Services as well as their consequences.
2. If any User causes any damages to the Company or any other parities by or through use of the Services (including, but not limited to, such cases that the Company or any other parties may incur any damages due to a failure of the User to perform any of obligations hereunder), the User shall compensate at its own cost and responsibility for such damages.
Article VII. Obligation of checking notices
The User shall have an obligation to check and confirm from time to time the content notified online by the Company pursuant to Articles 3 and 4 hereof.
Article VIII. Prohibited Actions
In using the Services, the User shall not do any of the followings:
(1) any act in breach hereof;
(2) any act that any User enters or may enter false information while using the Services;
(3) any act that violates or may violate any of applicable laws and regulations;
(4) criminal acts and any act that leads or may lead to a criminal act;
(5) any act that offends or may offend public order and morality;
(6) any act of getting a wrongful profit through use of the Services;
(7) any act that is or may be intended to get a commercial profit through or in connection with the Services;
(8) any act that violates or may violate any copyright, trademark, patent, design right or any other intellectual property right of the Company, any of other Users or any third party;
(9) any act that alters, modifies or deletes, or may alter, modify or delete any of the Services or any information contained therein, in whole or part;
(10) any act such as transfer or lending of an account;
(11) any act of impersonating others when using the Services;
(12) any act of transmitting any information containing computer virus or any other harmful computer program;
(13) any act of intentionally placing burden on the system of the Services;
(14) any act of evading any of the technical measures taken by the Company for protection of the Services and its contents, including but not limited to bypassing, canceling, disablement, etc.;
(15) any act such as decoding, decompiling, disassembling, reverse engineering any application for providing the Services;
(16) any act that interferes or may interfere with normal operations of the network system, or that destroys or may destroy the network system;
(17) any act that induces or may induce any of the above-mentioned acts; and
(18) in addition to the above, any act that the Company deems inappropriate.
Article IX. Service fee
The Services include some contents or functions which shall be used for a charge. The Service fee, basis for accruing the fee and its calculation shall be as determined by the Company.
Article X. Settlement
1. When using any of the chargeable Services, the User shall pay the Service Fee and any other amount payable by one of the methods for payment authorized by the Company.
2. The sum worked out based on the calculation method of the Company and the amount equivalent to the consumption tax applicable to such sum shall be paid by the User through such User’s means of settlement in accordance with the terms of payment separately specified by their credit card company or advance clearing agent, etc.
3. In the case that any dispute between the User and the credit card company or the advance clearing agent, etc., as the case may be, arises out of the Service Fee or other liability, it shall be resolved by and between the applicable parities and the Company shall not have any liability in connection with it.
4. The User agrees that after the User pays the Service Fee for any of the chargeable Services, the Company will not reimburse such Fee to the User for any reason.
Article XI. Intellectual property right
1. The User agrees that the Company owns and will own any and all intellectual property rights, including, but not limited to, copyrights, trademarks and patents, associated with any designs, characters, images, software and any other contents relating to the Services created or produced by the Company (hereinafter referred to as the “Contents”).
2. The User shall not copy, transfer, lend, translate, alter, reprint, transmit to the public, distribute, publish, commercially utilize or make other use of the Contents without prior approval of the Company.
Article XII. Temporary suspension of user data/ID by the Company, etc.
1. The Company may suspend any user data/ID granted to the User without approval of such User if it may recognize that there is an urgent situation.
2. The Company shall not be liable for any damages, if any, caused by inability of such User to use the Services due to the action taken by the Company pursuant to the preceding paragraph.
Article XIII. Deletion of data
1. In the case that any one of the items listed in ‘VIII. Prohibited Actions’ is applicable to the User, the Company may make the necessary deletion of user data without prior notice to the User. The Company may delete data or other information registered on the server by the User without prior notice to such User, if and when doing so is necessary for operational and maintenance reasons of the Services.
The Company shall not be liable for any deletion of data pursuant to the preceding paragraph.
Article XIV. Change to contents of the Services
The Company may make any change to contents, etc. of the Services without prior notice to the User.
Article XV. Temporary halt of the Services
1. The Company may temporarily halt the Services without prior notice to the User if any of the following events occur:
(1) a regular or urgent maintenance is performed on servers, etc.;
(2) the Services are rendered unable to be provided due to fire, electric outage, etc.;
(3) the Services are rendered unable to be provided due to Act of God, including but not limited to earthquake, volcano eruption, flood or tsunami;
(4) the Services are rendered unable to be provided due to war, disturbance, riot, civil commotion, labor dispute, etc.; or
(5) the Company may determine that temporary halt is necessary for an operational or technical reason.
2. Even when delay or halt in providing the Services occurs due to any one of the events listed in the preceding paragraph or any other causes, the Company shall not be liable for any damages incurred by the User or any others due to such delay or halt.
Article XVI. Indemnity
1. The Company shall not be responsible for integrity, accuracy, applicability, usefulness, etc. of the software, data, etc. provided by the Company or data, etc. registered by others.
2. In the case that data, etc. that the User accumulates on the server (i.e. rights to contents obtained through purchase by the User) is lost (including deletion by the User himself/herself) or altered by others, the Company shall not have any liability for restoring such data, etc.
3. The Company shall not be responsible for any damages incurred by the User through use of the Services (including but not limited to any damages caused by troubles experienced between the User and any other party) or any damages incurred by the User or other parties due to inability to use the Services, and shall not have any liability for compensation of such damages.
Article XVII. Discontinuation of providing the Services
1. The Company may discontinue providing the Services in whole or part upon prior notice displayed online.
2. Upon such discontinuation of the Services, the Company will be released from any and all claims for damages by the User and any other parties in relation to the discontinuation with going through the procedure mentioned in the preceding paragraph.
Article XVIII. Handling of breaches of these Terms
1. The Company may take any action listed below or a combination thereof to the applicable User, when the User is or is likely to be in breach hereof, or when any complaint or claim is made by any other parties against the Company due to use of the Services by the User and the Company deems it necessary, or when the Company judges it is improper for any other reasons.
(1) to require him/her to cause the act to or to be likely to breach these Terms to be ceased and not to repeat such act or any act similar to it;
(2) to require him/her to discuss (including alternative dispute resolutions) with the other party in order to resolve the relevant complaint or claim;
(3) to require him/her to modify or delete the information transmitted or displayed by the User;
(4) to delete the information transmitted or displayed by the User in whole or part, or to make it not viewable for others; or
(5) to temporarily suspend use of the ID or to expel him/her;
2. The User agrees that the provision of the paragraph 1 of this Article shall not obligate the Company to take any of the actions set forth therein. In addition, in the case that the Company may take any action set forth in the paragraph 1 of this Article, the User shall indemnify the Company from any and all consequences of such actions.
3. The User agrees that the actions listed in the items (4) and (5) of the paragraph 1 of this Article will be taken without prior notice at discretion of the Company.
Article XIX. Suspension of User’s access by the Company
1. In addition to the actions set forth in the item (5) of the paragraph 1 of Article 18 above, the Company may temporarily suspend use of a user’s user data/ID or expel him/her without prior notice or demand to the User if the User falls into any one of the followings:
(1) he/she delays in payment of the Service Fee or any other debt, or refuses to make a payment thereof;
(2) a credit card company or an advance clearing agent suspends use of a credit card or a bank account that the User designated for the payment;
(3) despite being required pursuant to any one of the items (1) through (3) of the paragraph 1 of Article 18 above, he/she does not comply with such requirement;
(4) he/she violates Article 8 (Prohibitions); or
(5) the Company judges that he/she is not appropriate as a User.
2. The User who were expelled in accordance with any of the items (1) through (5) of Article XVIII and any item listed in the paragraph 1 of this Article will lose benefit of time and shall pay in a lump sum all the liability owing to the Company, including but not limited to the Service Fee accrued and other debts.
3. In the case that the User holds multiple user data/IDs, the Company may suspend use of or expel all of the other user data/IDs held by the User when any one of the IDs held by the User is suspended temporarily or expelled in accordance with the item (5) of the paragraph 1 of Article XVIII or any item of the paragraph 1 of this Article.
4. If the Company incurs any damage due to the User falling into any of the items set forth in Article VIII or the paragraph 1 of this Article, the Company shall be entitled to claim the User for such damages incurred, irrespective of the expel or temporary suspension of the relevant user data/ID.
Article XX. Restriction on use
The User agrees that certain Services may be subject to some restrictions, including but not limited to unavailability of such Services, depending on the course or means the User used to apply for subscribing the Services.
Article XXI. Deletion of information
1. Handling of the data recorded by the User in the Services (in this Article, referred to as the “Recorded Data”) shall be subject to these Terms.
2. The Company may delete, modify or move the Recorded Data at its own discretion without prior notice to the User if any of the followings occurs:
(1) it exceeds the limit of data capacity;
(2) the Recorded Data is in breach of any provision of these Terms;
(3) the Company judges that it is necessary for operations or maintenance of the Services;
(4) the Company determines at its own discretion that it will interfere with provision of the Services;
(5) the Company determines at its own discretion that the communication of the Recorded Data is improper; or
(6) the Company judges otherwise it is necessary.
3. The Company shall not be obligated to delete, modify or move data as provided for in this Article nor responsible for its determination of deletion, modification and move thereof.
Article XXII. Damages
If the User causes the Company or any third party to incur any damages due to the User’s breach hereof or intentional act or negligence, the User shall compensate such damages promptly.
Article XXIII. Effectiveness of these Terms
1. If any part of provisions hereof is held invalid in accordance with applicable laws or regulations, the remaining provisions hereof shall remain in full force and effect.
2. If any part of provisions hereof is held invalid or rescinded as for relationship with the User, these Terms shall remain in full force and effect as for any other Users.
3. The Company may make any change to these Terms without any prior or after-the-fact notice to the User, and after such change, the changed Terms shall apply. If the User uses the Services after the change of these Terms, the User is deemed to have agreed to such changed Terms of Use.
Article XXIIII. Governing law and jurisdiction
These Terms of Use shall be governed by laws of Japan and in the case of any dispute arising out of these Terms or the Services between the User and the Company, either of Nagoya district court or Nagoya summary court shall have the exclusive jurisdiction for the first instance as agreed between the parties.