Terms of Use

Article 1 (Definitions)

The terms used in these Terms are as follows.

1. "Service", "Fulltime" and "FULLTIME" refer to the RPA service developed and sold by Asnica Co., Ltd. (hereinafter referred to as "the Company") for the purpose of improving the efficiency of EC site operations.
2. "Customer" refers to a person who uses this Service.
3. "Robot" refers to an individual business automation program developed by the Company and operated in the Service.
4. "Commencement of Use" refers to the start of robot operation in the production environment of this Service, "Commencement Date" refers to the day the robot starts operation, and "Commencement Month" refers to the month the robot starts the Service.
5. "Customization" means developing robots or adding functions according to the customer's special order.

Article 2 (Scope of Application)

1. These Terms of Use apply to all contracts related to the use and customization of the Service. Agreeing to these Terms is a prerequisite for using this Service.
2. If there is an individual contract that conflicts with this contract, the individual contract shall prevail.

Article 3 (Contract Conclusion)

1. After the customer submits the application form by email, mail, fax, or original, the Company reviews it and concludes the contract upon receiving acceptance notification from the Company. Also, when applying, a person who has been officially authorized to use this Service must apply.
2. At the time of application, the customer must provide true, accurate, and up-to-date information to the Company. The Company is not responsible for any damage incurred by the customer due to false, erroneous, or omitted information in the application.
3. Notwithstanding the provisions of Paragraph 1, the contract may be terminated immediately before the start of the Service if any of the following applies. Also, if the Company cancels the contract pursuant to this Article, the Company has no obligation to disclose the reason for termination.
   • If the Company determines that there is a risk of violating these Terms
   • If all or part of the support information provided to the Company is false, erroneous, or omitted
   • If the Company determines that the customer is associated with or involved with anti-social forces (meaning organized crime groups, organized crime group members, right-wing groups, anti-social forces, and similar persons) or that the customer cooperates with or is involved in the maintenance, operation, or management of anti-social forces through funding, etc.
   • If the Company determines that the customer is a person who has violated a contract with the Company in the past or a related party thereof
   • If the customer has received the measures of Article 9, Paragraph 36, or if the Company otherwise determines that the provision of this Service is inappropriate

Article 4 (Service Fees)

1. The customer may choose one of the following payment methods to pay the monthly usage fee for this Service.
   • Monthly payment
   • Annual lump-sum payment
2. Details of each payment method in the preceding paragraph are as follows.
   • Monthly Usage Fee: The monthly usage fee is paid by transfer to the bank account designated by the Company. If you choose to pay monthly, the usage period of this Service is from the 1st to the last day of the current month (hereinafter referred to as the "Monthly Usage Period"). If you start using the Service in the middle of the month, the usage fee for that month will be calculated on a daily basis with one month being 30 days. Also, unless the customer notifies the Company of the suspension of renewal by the 20th of the month when the Monthly Usage Period expires, the Monthly Usage Period will be automatically renewed, and the customer shall continue to pay the monthly usage fee in accordance with the provisions of this paragraph. However, the minimum usage period is 3 months. Payment is made in advance, and the usage fee for the following month shall be paid by the last day of the previous month. The first payment shall be made by the last day of the month following the first month of use, combining the usage fee for the following month and the fee for the next two months.
   • Annual Lump-Sum Payment: The annual usage fee for one year is paid in a lump sum by transfer to the bank account designated by the Company. In the case of annual lump-sum payment, the usage period of this Service is until one year has passed from the commencement date (hereinafter referred to as the "Annual Usage Period"). Also, unless the customer notifies the Company of the suspension of renewal at least one month before the expiration date of the Annual Usage Period, the Annual Usage Period will be automatically renewed, and the same will apply thereafter. Payment is made in advance, and the usage fee for the following year must be paid at least one month before the expiration date of the Annual Usage Period. The first payment shall be made by the last day of the month following the commencement date.
3. The initial fee shall be paid at the end of the month following the last day of the month in which this contract is concluded.
4. Customization costs and other costs must be paid by the date specified on the invoice issued by the Company.
5. Receipt issuance shall be replaced by a bank (financial institution) bank transfer statement instead of receipt issuance.
6. The remittance fee specified in Paragraph 5 of the preceding paragraph shall be borne by the customer.
7. After the customer pays the fee to the Company, no refund will be made.

Article 5 (Service Commencement)

The commencement date of this Service shall be "the date of commencement of operation of the robot developed by the Company in the production environment".

Article 6 (Free Correction Period After Service Commencement)

1. The Company will respond free of charge to minor changes necessary for the business execution by the robot developed by the Company, only if the customer requests within 14 days from the Service commencement date.
2. Even within the period specified in the preceding paragraph, if the revision content falls under any of the following items, a separate correction fee will be incurred and a quotation will be submitted.
   • In the case of a change that changes important matters of the subject or conditions in light of the contents of the specifications created between the Company and the customer
   • Correction of processing content that cannot be completed within a predetermined deadline by one robot or content that causes multiple processing cases

Article 7 (Notification of Changes to Registered Information)

1. If there is a change in the information notified to the customer, the customer must immediately notify the Company of the change in registered information according to the method prescribed by the Company.
2. If the status of a business customer is succeeded by merger, division, or other reason, the legal entity or other organization that succeeded to that position must immediately notify the Company of the change in registered information together with documents proving that they have succeeded to that position, according to the method prescribed by the Company.
3. Until the notification pursuant to the provisions of the preceding paragraph reaches the Company, the Company may, at its discretion, select one of the legal entities or other organizations that succeeded to the position and regard it as the customer.
4. If the Company does not notify the Company of the change in registered information, it shall be treated as if there was no change in registered information.

Article 8 (Prohibited Matters)

1. Products belonging to the following items cannot be handled in this Service.
   • Content that violates public order and morals (including adult and dating sites)
   • Content that violates the Firearms and Swords Control Law, Narcotics Control Law, Washington Convention, Pharmaceutical and Medical Device Act, and other laws
   • Those that may infringe on the intellectual property rights of third parties (including copyrights, patent rights, utility model rights, design rights, trademark rights, other intellectual property rights, and applications for acquisition or registration of such rights), portrait rights, privacy rights, honor, or other rights or interests
   • Gift certificates, prepaid cards, driving coins, coupons, securities, gold and silver bullion, collateral, stamps, postage stamps, etc.
   • Living things (dogs, cats, etc.)
   • RMT (Real Money Trade)
   • Swords, Japanese swords
   • Religious-related products
   • Other products and digital content that the Company determines to be inappropriate
2. The following acts are prohibited in this Service.
   • Fraud or threatening acts against the Company or other users of this Service or other third parties
   • Acts that place excessive load on the network or system of this Service
   • Acts that may interfere with the operation of this Service
   • Acts of attempting unauthorized access such as unauthorized access to the Company's network or system
   • Acts of disassembling, decompiling, reverse engineering, or otherwise analyzing the source code, structure, ideas, etc. of the Service
   • Acts that violate each provision of these Terms
   • Other acts that the Company determines to be inappropriate
3. Remote access to the server that provides this Service, software installation, original CGI on the server, and program creation on the server are not permitted as they may adversely affect the system at all times.
4. You may not rent, transfer, resell, or share the account of this Service to a third party.
5. The customer shall treat the quotation and application form submitted by the Company as confidential and may not disclose them to third parties.

Article 9 (Service Suspension, etc.)

1. The Company may take necessary measures such as suspending all or part of the Service if any of the following applies. In accordance with the provisions of Article 18, the Company shall compensate the customer for damages incurred by the customer due to such measures only if the Company was intentional or grossly negligent in the cause that required such measures.
   • When performing regular or emergency maintenance or repair of hardware, software, communication equipment, etc. for this Service
   • When the load is concentrated on the system due to excessive access or other unexpected factors
   • When necessary to ensure the Company's security
   • When information held by the Company is leaked due to hacking, etc.
   • When the service of the telecommunications carrier is not provided
   • When it is difficult to provide the Service due to force majeure such as natural disasters
   • When it is difficult to provide the Service due to fire, power outage, other unexpected accidents, war, conflict, upheaval, riot, labor dispute, etc.
   • When the operation of this Service becomes impossible due to laws or measures based thereon
   • Otherwise, when the Company determines it necessary pursuant to the provisions of the preceding paragraph
2. When the "Company" suspends the "Service", the "Company" shall notify the customer in advance of the date and time of the "suspension of use" and the reason for suspension. However, this does not apply when necessary to prevent serious damage in an emergency.
3. If the Company determines that the customer falls under any of the following items, it may suspend the use of the Service or restrict the use of the Service to the customer without prior notice, and the Company shall not be liable for any damage incurred by the customer as a result.
   • When the customer violates laws or these Terms or acts against public order and morals
   • When the customer makes false reports or commits fraudulent acts in connection with the use of this Service
   • When the customer defames the Company's reputation or damages its credit
   • When the customer causes inconvenience to other customers
   • When the customer delays payment of fees
   • When a serious problem equivalent to the above items occurs due to the customer or related parties of the customer

Article 10 (Termination of Contract)

1. If the customer falls under any of the following items, the Company may terminate the entire contract with the customer immediately without notice.
   • Organized crime groups, companies related to organized crime groups, and other similar persons
   • A company that provides the same type of service as the Company and its affiliates
   • When Article 8 is violated
   • When Paragraph 3 of the preceding Article is violated
   • When falling under Paragraph 5 to 7, Item 3 of the preceding Article, and the problem is not resolved within a reasonable period despite the Company's notice requesting correction
2. Regardless of the timing of cancellation in the preceding paragraph, the Company is not obligated to refund the amount already received and does not lose the right to receive the customer's overdue fees.

Article 11 (Customer Responsibility)

1. The customer must prepare communication equipment, software, and all other equipment necessary for using the Service at the customer's expense and responsibility.
2. The customer must take necessary measures to prevent computer virus infection, unauthorized access, information leakage, etc., and maintain security according to the customer's usage environment, at the customer's expense and responsibility.
3. The customer must back up data registered in this Service at the customer's responsibility.
4. If an accident such as customer data leakage occurs, the customer must resolve the problem with their own responsibility and obligation (including cause investigation), cooperate with the Company's investigation, and agree to the disclosure of the investigation results unless the Company is at fault.
5. If there is a change in the customer's registered information such as company name, contact information, or phone number, please immediately notify the Company of the change.

Article 12 (Contact and Notification)

1. When the Company notifies the customer in connection with this Service, it shall notify by a method that the Company deems appropriate, such as posting on the Company's website or sending an email or document to the registered email address or the email address designated by the customer.
2. Regardless of whether the notification has reached the customer, in the former case, the notification shall take effect when the content of the notification is posted on the Company's website, and in the latter case, when the Company sends an email or document.
3. Inquiries about this Service and other communications or notifications sent by the customer to the Company shall be made in the manner designated by the Company.

Article 13 (Attribution of Rights, etc.)

1. Ownership and intellectual property rights related to this Service (including but not limited to systems, content, text, images, data, materials, etc.) belong to the Company. Permission to use the Service under these Terms of Use does not mean consent to use the Company's intellectual property rights related to this Service.
2. The customer shall not engage in any acts that may infringe on the intellectual property rights of the Company or those who have granted licenses to the Company for any reason (including but not limited to copying, selling, publishing, disassembling, decompiling, reverse engineering, etc.).

Article 14 (Disclaimer)

1. The Company shall not be liable for any damage incurred by the customer due to non-compliance with the contract or non-provision of each service provided by a third party other than the Company, or changes in specifications, regardless of whether the Company performed the application procedure on behalf of the Company. Please check the terms of use of each service provider in advance before applying for use of this Service.
2. The Company shall not be liable for any hindrance to the use of the Service due to non-compliance with the contract or non-provision of each service specified in the preceding paragraph.
3. Unless the customer is at fault, the Company shall not be liable for the results of actions taken by the customer using this Service.
4. The Company shall not be liable for any damage caused by using data registered in the Service by the customer, such as secondary use of customer data outside the Service.

Article 15 (Confidentiality)

1. The Company maintains the privacy policy separately established by the Company regarding user information held by the Company (personal information as defined by the Personal Information Protection Act, information provided to the Company when the customer applies for use of the Service, log information of Service users, information stored in the system or database of the Service, etc.). The customer agrees to this.
2. The Company may use the personal information of the individual or company sent and the personal information of the customer received, aggregated and analyzed in a form that cannot identify the user information accumulated by the Company and the Service, as statistical data and analysis reports (including copying, reproduction, modification, relicensing to third parties, and other uses). This shall be possible.

Article 16 (Force Majeure)

1. The Company shall not be liable for virus damage, hacking damage, power outage damage, server failure, line failure, damage due to natural disasters, or other force majeure events that are not the Company's fault that cannot be prevented by normal measures (hereinafter referred to as "Force Majeure"). The Company shall not be liable for any damage incurred by the customer.
2. The Company does not guarantee that data managed or provided in the Service will not be deleted or changed due to Force Majeure.

Article 17 (Disputes Between Customers and Third Parties)

Disputes between the customer and third parties arising in connection with the use of this Service shall be resolved at the customer's own expense and responsibility, and shall not cause inconvenience or damage to the Company. If the Company suffers damage due to a dispute between the customer and a third party, the customer shall compensate the Company for all damages (including attorney's fees, etc.).

Article 18 (Disclaimer)

1. If the "Company" causes damage to the customer due to the "Company's" fault in connection with the "Service", the "Company" shall only be liable for the damage actually incurred by the customer due to that reason.
2. The amount of damages in the preceding paragraph shall not exceed the total of the monthly usage fee and each order fee for customization of the Service received by the Company in the last 3 months.
3. The customer shall be liable for all damages incurred by the Company due to violation of these Terms.

Article 19 (Term and Termination)

1. The effective period of these Terms shall be from the date of conclusion of these Terms to the date of termination of Service provision.
2. If the customer wishes to terminate the contract for this Service, they must notify the Company by the 20th of the month when the Monthly Usage Period expires, or at least one month before the expiration date of the Annual Usage Period in the case of annual lump-sum payment.
3. If neither the Company nor the customer notifies the Company of the termination of this contract, this contract will be automatically renewed monthly in the case of monthly payment, or annually in the case of annual lump-sum payment.
4. In the case of termination pursuant to this Article, if a party owes a monetary obligation to the other party, the party naturally loses the benefit of time upon termination, so the obligation must be performed immediately.
5. To use this Service again after termination, you must complete the registration procedure again. If you apply again, the data before cancellation may not be carried over.
6. If termination is made pursuant to this Article, the other party shall not be liable for damage incurred by the other party due to cancellation.

Article 20 (Amendment of Terms)

1. The Company may change the content of these Terms without the prior consent of the customer if it deems it necessary pursuant to Article 548, Paragraph 4 of the Civil Code.
2. When the Company changes the content of these Terms and notifies the customer of the changes, if the customer uses the Service after the effective date of the Terms change specified in the notice, the customer shall be deemed to have agreed to the changed Terms, and the changed Terms shall apply.
3. Notwithstanding the provisions of Paragraph 2 of the preceding paragraph, if there is a change in content that requires customer consent or prior notice pursuant to laws, customer consent shall be obtained or the customer shall be notified in advance by the method prescribed by the Company.

Article 21 (Disclaimer of Warranty)

1. The Company does not warrant that the Service is suitable for the customer's specific purpose, produces results such as business efficiency or sales, has the expected functions, commercial value, accuracy, usefulness, completeness, or is free from defects.
2. The customer must investigate at their own responsibility and expense whether the use of this Service violates laws applicable to the customer or internal regulations of industry organizations, and the Company does not warrant that the customer's use of the Service complies with laws applicable to the customer or internal rules of industry organizations.
3. The Company will make reasonable efforts to provide the Service smoothly, and will endeavor to restore the Service within a reasonable time if the Service is interrupted, but does not guarantee the permanent provision or operation of a stable system.
4. The Company shall not be liable for information obtained from websites other than the Company's website or the Company's website, regardless of the reason, even if the Company provides a link from the Company's website to another website or a link from another website to the Company's website.

Article 22 (Exclusion of Anti-Social Forces)

1. The Company does not allow recognition of the Company as a member of an organized crime group, a member of an organized crime group, a person who has not passed 5 years since ceasing to be a member of an organized crime group, an associate member of an organized crime group, a company related to an organized crime group, a corporate extortionist, a social movement racketeer, a special intelligence crime group, or other similar persons (hereinafter referred to as "Organized Crime Group Members, etc."). We represent that it does not fall under any of the following items and promise not to fall under any of the following items in the future.
   • A relationship recognized as having its management controlled by Organized Crime Group Members, etc.
   • A relationship recognized as having Organized Crime Group Members, etc. substantially involved in its management
   • A relationship recognized as improperly using Organized Crime Group Members, etc. for the purpose of obtaining unjust profits for oneself, one's company, or a third party, or for the purpose of causing damage to a third party
   • A relationship recognized as being involved in providing funds or benefits to Organized Crime Group Members, etc.
   • When an officer or a person substantially involved in management has a socially reprehensible relationship with Organized Crime Group Members, etc.
2. The Company promises not to engage in any of the following acts, either by itself or through a third party.
   • Violent demands
   • Unreasonable demands beyond legal responsibility
   • Threatening behavior or violence in connection with transactions
   • Acts of spreading rumors, using fraudulent means, or using force to damage the other party's credit or interfere with the other party's business
   • Other acts equivalent to the preceding items
3. If the customer violates the preceding paragraph, the Company may immediately terminate the Service provision contract without any procedure such as notice or demand.

Article 23 (Transfer of Service Use Qualification)

1. The customer may not assign, transfer, pledge, or otherwise dispose of the status under this contract or the rights or obligations under this contract to a third party without prior written consent. However, this does not apply if the Company notifies a third party in writing of the existence and content of the transfer restriction special agreement specified in this paragraph in advance and delivers a copy thereof to the Company.
2. If the Company transfers the business related to this Service to a third party, the status in these Terms, the rights and obligations under these Terms, and the customer's information (which the Company will have the business transferee hold) may be transferred in connection with the business transfer, and the customer shall be deemed to have agreed to such transfer in advance pursuant to this paragraph. In addition, the business transfer stipulated in this paragraph includes not only ordinary business transfers but also company divisions and all other cases where the business is transferred.
3. If the customer violates Paragraph 1, the Company may immediately terminate this contract.

Article 24 (Severability)

1. If any provision of these Terms of Use or part thereof is determined to be invalid or unenforceable by law, the remaining provisions of these Terms of Use and the remaining part of the provisions determined to be partially invalid or unenforceable shall continue to have full effect, and the customer and the Company shall modify the invalid or unenforceable provision or part thereof to the extent necessary to make it legal and enforceable. Efforts shall be made to ensure that the intent and legal and economic effect of such invalid or unenforceable provision or part of the provision are equivalent.
2. Even if a provision of these Terms or part thereof is determined to be invalid or unenforceable in relation to a customer, it shall not affect the validity in relation to other customers.

Article 25 (Governing Law and Jurisdiction)

1. These Terms shall be governed by and construed in accordance with Japanese law.
2. All disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court as the court of first instance, depending on the amount of the claim.

Article 26 (Resolution by Consultation)

If any matter not stipulated in these Terms or any question arises regarding the interpretation of these Terms, the customer and the Company shall promptly resolve it through consultation in accordance with the principle of good faith.