Article 1 (Purpose)
These Terms of Service apply to PR TIMES Inc. (hereinafter called “the Company”), its members, board administrators, and users (these terms: member, board administrator and user will be defined in Article 2 and hereinafter will collectively be called “Members”) for the use of Jooto, an online task management service provided by the Company for businesses (hereinafter called “the Service”). By using the Service, Members are deemed to have agreed to this Terms of Service.
Article 2 (Definition of Terms)
In this Terms of Service, the below terms shall have the following meanings:
A corporation, organization, union, individual, or the like that agreed to the Terms of Service, completed the member registration specified in Article 4, and made an agreement on the use of the Service with the Company (hereinafter called the “Service Agreement”).
The Member shall be responsible for making sure that the Board Administrator specified in paragraph (2) and the User specified in paragraph (3) whom such Board Administrator appointed comply with the Terms of Service. The actions conducted by such Board Administrator and User are deemed to be the actions conducted by such Member. The Member shall be responsible for the consequences of his actions as well as that of the Board Administrator and the User.
(2) Board Administrator
A board member, employee, or any other person concerned who has the administrative rights on the use of the Service specified by the Member when applying for the Service, and may appoint Users specified in the next paragraph (The details of the administrative rights shall be specified separately by the Company.).
(3) User (Board Member)
A person appointed by the Board Administrator and was given permission to use and access the Service. The Board Administrator may appoint multiple Users up to the number specified separately by the Company in the plan the Member has chosen among the plans listed in the paragraph (6).
(4) The Website
The website operated by the Company to provide the Service.
(5) Registered Information
Certain information on Members specified by the Company, which they may need to register before using the Service. Registered Information also includes any information and correspondence saved on the server managed by the Company for the Service, any other information related to Members provided to or stored by the Company, and any information provided by the Company to the Member or obtained by the Member through the Service.
(6) Paid Service
A service with applicable fees within the Service. In principle, the Company may provide Paid Service under names created by its own discretion, such as “Start-up Plan,” “Basic Plan,” “Advanced Plan,” “Professional Plan,” and “Enterprise Plan.” Application for Paid Service may be done upon member registration as described in Article 4-1, or during free service (which means a service does not require any compensation to the Company for its use. However, there may be other fees and costs such as communication expenses for internet. In which case, the same shall apply hereafter.), wherein switching to Paid Service may be done in the method specified separately by the Company. Also, request to switch from one Paid Service plan to another may be submitted in the method specified separately by the Company.
Article 3 (Revision of the Terms)
The Company may revise any or part of the Terms of Service without obtaining prior approval from Members.
As the Company will not notify Members of revisions in the Terms of Service, it is necessary to check the latest version of the Terms of Service when using the Service.
The revised Terms of Service shall come into effect once they are uploaded to the Website.
When using the Service after one such revision, it is deemed that Members agree to the revised Terms of Service.
Article 4 (Finalization of the Terms of Service)
1. Once the person who is to become a Member has agreed to the contents of the Terms of Service, entered and submitted items specified separately by the Company on the application form in the Website (including selection of free service or Paid Service and selection of plan if Paid Service is chosen) and completed member registration, the Service Agreement shall be finalized following member screening and issuance of User ID.
2. A person who intends to become a Member shall provide true, credible and accurate information to the Company upon member registration.
3. If a minor will use the Service and register as a member, the approval of a legal representation is required. If a minor uses the Service or becomes a Member, it is deemed that the minor’s legal representation agrees to the contents of the Service Agreement and that the minor can use the Service.
4. The Company may reject the application for member registration if those who have applied based on Article 1 fall under any of the following cases:
(1) When there is a violation of the Service Agreement, or the Company deems that there is a possible violation
(2) When all or part of the information provided to the Company turns out to be based on false or wrongful facts, insufficient or incorrect, or had omissions
(3) When the Company deems that the applicant is conducting a business that competes with the Service
(4) When the Company deems that the person uses or is likely to use the Service for commercial purposes, publicity, luring customers, or for other purposes beyond the scope of the Service, whether it is for personal reasons or at the request of a third party
(5) If the person was once refused registration to the Service or was banned from using the Service.
5. The Company shall assume no responsibility for any loss or damage arising from the actions it takes based upon the preceding paragraphs.
Article 5 (Service Fee and Payment Method)
1. The Service is a Software as a Service (SaaS) that allows task management, file sharing, and project management through the internet. The Service offers 2 options: free service and Paid Service. The details of each service are specified on the Website.
2. A Paid Member (a Member who uses the Paid Service; hereinafter called “Paid Member”) shall pay a monthly service fee specified separately by the Company as compensation for using the Service (the amount of monthly service fee varies depending on the availed service plan; hereinafter called “Service Fee”). If the Service Fee is not paid, the Company may suspend the Paid Service for the Member who has not paid and delete any or a part of the Member’s Registered Information after a certain period.
3. A Paid Member shall pay by credit card (credit cards available for payment are specified separately) by the due date indicated by the Company. The Company shall not refund the Service Fee for any reason whatsoever. The Service Fee shall be charged automatically every month, unless a termination of the Service is requested online on or before the given due date as specified separately by the Company. For reference, “Jooto,” or “ALW*jooto.com67777683” will be displayed in the credit card bill for VISA, JCB, Mastercard, and Amex.
4. FOR ANY CUSTOMER WHO PURCHASED PREMIUM IN APPLE INC.’s APP STORE (“APP STORE”), PLEASE CONTACT APPLE INC.’s SUPPORT TEAM: http://reportaproblem.apple.com/. APP STORE DOES NOT ALLOW DEVELOPERS TO ISSUE REFUND FOR APP STORE PURCHASES MADE BY CUSTOMERS.FOR ANY CUSTOMER WHO PURCHASED PREMIUM IN GOOGLE INC.’S PLAY STORE (“PLAY STORE”). PLEASE REFER TO GOOGLE INC’S SUPPORT PAGE FOR DETAILED INSTRUCTIONS: Get a refund on Google.
Article 6 (Maintenance of Usage Environment)
1. Preparation and appropriate maintenance of all necessary environments to use the Service such as devices, software, communication methods and others (hereinafter collectively called “Usage Environment”) shall be done at the Member’s own cost and responsibility. The Company does not guarantee normal performance and provision of the Service even under the Usage Environment it specified. The Company shall assume no responsibility whatsoever, including support, even if all or a part of the Service is unavailable. However, the above do not apply in the case of support for Paid Service specified separately by the Company.
2. Security countermeasures against computer viruses, unauthorized access, and information leakage depending on Usage Environment shall be managed by the Member at his own cost and responsibility.
3. The Company shall assume no responsibility whatsoever for any trouble that arises from Members’ devices, any disappearance of or damage to the saved information or programs on the devices, computer virus infections, or any loss and damage to Members upon usage of the Service.
Article 7 (User ID)
1. Members shall be responsible for handling their own User ID issued by the Company for the Service, and their Password (hereinafter collectively called “User ID”); it cannot be used by a third party, lent, transferred, or provided as guarantee.
2. Members shall be issued one unique User ID per User. A single User ID cannot be shared by multiple persons, unless otherwise specified by the Company.
3. If a User ID and its password are used, the Company assumes that this usage is being done by the Member upon whom such User ID was assigned to, even if it was being done by someone else. The Company shall assume no responsibility for any damage caused by the misuse or the unauthorized third-party usage of the User ID.
4. If a Member finds that there is a possibility that his User ID was stolen or is being used by a third party, the Member shall notify the Company at once, and subsequently follow the instructions provided by the Company in accordance with the Company’s decision.
Article 8 (Changes in the Registered Information)
1. When changes are made to the Registered Information, the Member shall notify the Company of the said changes at once in the method specified separately by the Company.
2. The Company shall notify or contact Members using the contact information in the latest Registered Information (including but not limited to the email address). Notification and messages to Members from the Company shall take effect when such notification and messages are sent.
3. The Company shall assume no responsibility for any loss or damage to Members caused by the late and improper notification on changes to the Registered Information.
Article 9 (Backup)
1. Members shall be responsible for recording, saving, and maintaining any information including their Registration Information, information provided by the Company through the Service, and information obtained, submitted, or entered by the Members on the Service.
2. Members shall be responsible for creating backups (including but not limited to backups using the backup function within the Service). The Company assumes no responsibility for any loss and disadvantage suffered by Members due to the absence of backup data, improper backup creation, and other similar issues.
3. The Company may occasionally save all or part of the information described in section 1 as backup for its convenience; however, the Company shall not be held liable to such backup work. Also, it does not complement the Members’ backup responsibility specified in the previous section, and does not guarantee the recovery of all or a part of the information described in section 1.
Article 10 (Prohibitions)
Members are prohibited from doing the following:
(1) Action that violates or is likely to violate the Terms of Service, or laws and regulations (including the laws and regulations of the country and region where the Member is located, and any government ordinances, guidelines, and industry standard. The same shall apply hereafter.)
(2) Action that offends social norms, common sense, conventional wisdom or public order, and trouble other people
(3) Action wherein information provided to the Company is or is likely to be incorrect or inconsistent with the facts
(4) Action which the Company deems goes beyond the scope of the purpose of the Service
(5) Action wherein a Member uses another Member’s User ID. Using the Service under another Member’s or a third party’s name
(6) Action infringing or likely to infringe any legal profits and rights such as properties (including intellectual property rights), privacy rights, and the credibility of the Company, other Members or third parties
(9) Action of copying, posting, extracting, editing, modifying, adapting, licensing, translating, selling, analyzing, imitating, decoding, reverse engineering, decompiling or disassembling the software used for the Service or any other similar action
(10) Action of posting any information such as web addresses or links to external websites that may have contents that are harmful to the Company, to other Members, or third parties in the Service
(11) Action of sending chain mails, spam mails, junk mails, or the like through the Service
(12) Action that is equivalent to unauthorized access or cracking
(13) Action which supports or is involved in the maintenance or operation of antisocial forces such as those that directly or indirectly offering funding or provide benefits to antisocial forces through the Service
(14) Actions similar to the respective items in the preceding paragraphs which are likely to bring disturbance to the operation of the Service or the business operations of the Company
(15) Action that forces other persons to commit the actions in the preceding paragraphs
(16) Any other actions that the Company deems as inappropriate
Article 11 (Cancellation of the Service Agreement by the Member)
1. Members may cancel the Service Agreement any time by providing notification through the method specified by the Company. In this case, the Member shall be responsible for confirming notifications from the Company concerning the cancellation.
2. The Company will not refund the Service Fee it received even after the cancellation is completed based on the preceding section. If the Member cancels the Service Agreement, the Company may delete the Member’s Registered Information.
Article 12 (Termination of the Service Agreement by the Company)
1. In cases where the Company deems that a Member falls under any of the following, at its own discretion, the Company may terminate the Service Agreement with such a Member or ban such a Member from using the entire or part of the Service (these shall mean withdrawal of membership, denial of access to the Service’s servers and systems, or prohibiting usage of the entire or part of the Service. The same shall apply hereunder). The Company shall not be held liable when conducting the actions under this article, and Members may not object to what the Company did or did not do under this article. The Company shall assume no responsibility for any loss and damage to Members caused by such actions.
(1) When a Member violated the Terms of Service and has made no correction measures for such violation even after a certain period following a formal demand
(2) When a Member committed any of the prohibitions set forth in Article 10 and the Company judges that correction measures are difficult considering the nature of such violation
(3) When it turns out that the Member falls under one of the items in paragraph (1) to (4) of Article 4
(4) When the Member with a limited legal capacity has not submitted a written approval or confirmation letter with the signature of his legal representation even after a certain period following a formal demand
(5) When the Company deems that an issue occurred in the payment method chosen by the Paid Member for the service fees; for example, the Member’s credit card or payment account has been suspended by the credit card company or the financial agency
(6) When a motion is filed for the foreclosure, auction, commencement of bankruptcy proceedings, commencement of rehabilitation proceedings, commencement of reorganization proceedings, commencement of special liquidation proceedings, or other such proceedings, or when the Member receives a disposition for tax delinquency, or when the Company deems that the payment for its service fees may become difficult due to changes in the asset or credit status of the Member.
(7) When the Member and the Board Member appointed by the Member have been out of touch for over 60 days (and also when the registered email address or other contact information is invalid, or when there is no response to the Company’s request to reply)
(8) When the Company deems that continuing the Service Agreement with the Member is no longer appropriate
2. Even after the termination is completed or the Member’s entire or partial use of the Service has been banned according to the preceding section, the Company will not refund the Service Fee it has already received.
Article 13 (Viewing the Supplied Information)
1. The Company may not view the supplied information on the Service to be used for a task or project management by Members or disclose the supplied information to third parties. However, as an exception, the Company may view or disclose the supplied information to third parties in the following cases, and Members are deemed to have agreed to these conditions:
(1) When the Company is officially requested to disclose the supplied information by public institutions based on laws and regulations, and the Company recognizes the need to respond to the request
(2) When the Company deems that it is necessary to investigate a violation of the Terms of Service or to prevent Users from further violating the Terms of Service
(3) When the system administrator for the Service appointed by the Company deems that it is necessary for the Service’s system operations and maintenance
(4) When the Company receives a complaint on the Service from third parties such as rights infringement through the Service, or prejudice caused by the Service, and the Company deems that it is necessary to conduct investigations
(5) When the Company deems that it is necessary for the Service’s operations
2. The Company may display the logo (including text, image, and emblem which represent the Company such as the corporate logo and symbol) of companies which use the Service on the Website in the method that the Company desires.
Article 14 (Intellectual Property Rights)
The Company, or third parties which the Company approved, own all intellectual property rights, including the copyrights for information, trademark, and design posted on the Service (excluding the information which Members supplied or submitted on the Service). The Company’s approval of the use of the Service such as member registration specified in the Terms of Service does not include the approval to license the intellectual property rights relating to the Service.
Article 15 (Change, Suspension, and Termination of Service)
1. The Company may modify the Service contents and specifications for its own reasons without prior notice.
2. If any of the following events occur, the Company may entirely or partially suspend the Service:
(4) When the Company-designated website synchronized with the Service becomes unavailable due to its own circumstances
(5) When the Service operation becomes difficult due to laws, regulations, administrative orders or the like
(6) When the Company deems that suspension of the Service is necessary
3. The Company may terminate provision of the Service for its own reasons. Upon termination, the Company will do its best to provide advanced notification through the Website or other similar means.
4. If the changes, suspension or termination of the Service conducted under the preceding sections cause loss or damage to Members or third parties, the Company shall assume no responsibility whatsoever nor provide refund for the Service Fee it has already received.
Article 16 (Indemnity)
1. If a Member violates the Terms of Service and cause any damages to the Company, the Member shall be held liable to pay compensation for such damages (including but not limited to general damage, special damage, legal expenses, and attorney fees. The same shall apply in this article.) to the Company.
2. In addition to the preceding section, when the Company receives any claim from other Members or third parties due to the action of a Member, and the Company pays compensation and other expenses, the Company may claim any damages it suffered (including but not limited to compensation payment, legal expenses, and attorney fees) from the Member.
Article 17 (Disclaimer)
1. The Company shall not be held liable to compensate for any damages caused by any addition to the contents of the Service, modifications, interruptions, or termination of the Service. The same shall apply when excessive traffic on the Website or other unexpected factors cause slow loading of displays, system troubles, or other similar issues.
2. The Company shall assume no responsibility in monitoring or saving the information entered or submitted by Members.
3. The Company does not guarantee the accuracy, up-to-date-ness, integrity, usefulness, suitability, safety, and legality of any or all of the information provided by the Company on the Service and it shall assume no responsibility for any damages arising from such information.
4. The Company does not guarantee the accuracy, up-to-date-ness, integrity, usefulness, suitability, safety, and legality of the information entered and submitted by the Members, and the Company shall assume no responsibility for any damages arising from such information. Moreover, the Company shall assume no responsibility if the information entered and submitted by the Members adequately conform to the laws and regulations of the organization which such Members belong to.
5. The Company does not guarantee the accuracy, up-to-date-ness, integrity, usefulness, suitability, safety, and legality of the external websites from each of the links displayed in the webpages in the Service. The Company shall assume no responsibility for any damages arising from these.
6. The Company shall not be involved in the communication and activities of Members. When a dispute arises between Members, between Members and a third party, or between third parties, the Members or third parties themselves shall resolve the dispute at their own risk and cost, and the Company shall assume no responsibility on it whatsoever.
7. In the event that damages to Members arising from the Company’s failure to perform an obligation or the Company’s illegal action, and the court of jurisdiction finds that all or a part of the provision to discharge the Company from tort liability arising from the Company’s failure to perform an obligation or performance of an obligation was not applicable, the Company shall bear the responsibility of compensation for the amount of general damages that directly and actually occurred to Members, or the total amount of service fees which the Company received from such Members if such Members are Paid Members, whichever is lower (except when the damages are caused by the Company’s wilful or gross negligence) .
Article 18 (Personal Information)
Article 19 (Assignment of Rights and Obligations)
1. Members shall not assign, transfer, or provide as guarantee the contractual status and all or a part of the contractual rights and obligations under the Agreement to any third parties without obtaining prior written consent from the Company unless otherwise specified in the Terms of Service.
2. Upon transfer of business pertaining to the Service to a third-party company, the status, rights, obligations and any information provided by Members under the Agreement may be transferrable to the assignee of the said transfer of business, and Members are deemed as having agreed to such transfer in advance. Transfer of business stated in this section shall also include splitting of the company and any other transfer of business.
Article 20 (Separation)
1. In the event that any provision or a part of the provisions of the Terms of Service are judged as illegal, invalid or unenforceable by the court of jurisdiction, the rest of the provisions of the Terms of Service shall remain valid. Those provisions or a part of the provisions that have been judged as illegal, invalid or unenforceable shall be replaced with an equivalent provision that would make them executable, or a rational explanation shall be added to such provisions or a part of the provisions to secure the legally equivalent effects.
2. In the event that the entire Terms of Service, or any or a part of the provisions of the Terms of Service are cancelled in relation to specific Members or judged as illegal, invalid or unenforceable by the court of jurisdiction, the Terms of Service shall remain valid in relation to other Members.
Article 21 (Entire Agreement)
The Terms of Service is the entire agreement between the Company and the Members relating to the Service at the time of the finalization of the Agreement. Any explicit or implied agreement previously existing between the Company and Members, consultations, offers, or various documents and the like that differ from the contents of the Agreement shall not be valid.
Article 22 (Survival Provision)
Regardless of whether or not this Agreement is still in existence, Article 1, Article 3, Article 4-5, the provision of Article 6-1 and Article 6-3, Article 7-3, Article 8-2 and 8-3, Article 9-2 and 9-3, Article 11-2, the provision of Article 12-1 and Article 12-2, the provision of Article 13-1 and Article 13-2, Article 14, Article 15-4, Article 16, Article 17 and Article 19 or Article 23 will remain enforced.
Revision: October 30, 2018
Managed by PR TIMES Inc.
Office: Hulic Minami-Aoyama Bldg. 3F, 2-27-25 Minami-Aoyama, Minato Ward, Tokyo
Partner Company: Spaneast Pte Ltd : The Apex 2 Sheris Orchard CV1 3PP Coventry (since September 29, 2017 when the Service was assigned)