(English Translation Only)
The translation below is provided for your convenience only. If there is any discrepancy between the translation in English and the original Japanese text (including due to the delay in translation), the original Japanese text takes precedence.
LINE WORKS Free Plan Terms of Service
This LINE WORKS Free Plan Terms of Service (“Terms of Service”) shall govern the access and use of the LINE WORKS Free Plan (“Service”) by Customers as provided by Works Mobile Japan Co., Ltd. (“Company”). Please read the full text of this Terms of Service before using the Service. IIf using paid LINE WORKS SERVICE, the Customer must agree to a separate “LINE WORKS Terms of Service”.
Article 1 (Application)
- The Terms of Service shall determine the rights and responsibilities of the Customers and Company with respect to the use and provision of the Service.
- The Company’s operating policies referred to hereunder (the “Policies”) shall form an integral part of the Terms of Service. In case of any discrepancy between this Terms of Service and the Policies the terms of the Policies shall prevail.
- The Terms of Service shall prevail in case of any discrepancy between the Terms of Service and explanation other than the Policies.
Article 2 (Definition of terms)
- “Service” refers to a service designated by Company among the service named LINE WORKS provided to the Customers free of charge (including any changes to the Service in respect of function, name or contents, regardless of the reason for change).
- “Applicant” refers to a person who wishes to use service and intends to subscribe.
- “Customer” is defined as an individual, a legal person or other entity that connects and uses the Service upon entering into a contract of use with the Company pursuant to the Terms of Service.
- “User” is defined as a natural person who uses the Service under the control of the Customer and is granted the right to use the Service. In addition, “User” includes Customers themselves unless otherwise noted.
- “Administrator” is defined as a person who represents a Customer and can use all management functions of the Service with the authority to enter into or terminate contract of use.
- “ID” is a unique character string or e-mail address necessary for user identification and use of the Service. However, the e-mail address registered as the customer’s ID must be approved by the Company and the end-user’s ID must be approved by the Customer.
- “Password” is a way to be sure that the User matches the ID they set. The Password will be a combination of number or letters that the User himself defined, for secret protection.
- “Partner Service” is a service or content provided by a partner or alliance companies. This Service may sometimes include the Partner Services.
Article 3 (Amendment to Terms of Service)
- Company may, from time to time, amend the Terms of Service, as needed. In such case the amended Terms of Service shall apply with respect to the terms and conditions of the use of the Service.
- In the case referred to in the preceding paragraph, the Company shall notify the Administrator by notifying the Administrator on the service provision screen or in a suitable place on the website operated by the Company, which shall be regarded as notification being completed.
- If the Customer does not commence process to terminate the contract of use within 30 days of the aforementioned notice of amendment of the Terms of Service, the Customer shall be deemed to have agreed to the new Terms of Service.
Article 4 (Execution of contract for use)
- Contract for use of the Service is formed when a person who agrees to the contents of these Terms of Service applies for registration and is accepted by the Company. The Company and the Applicant shall be deemed to have executed an agreement to use the Service on the date the Company accepts the Applicant’s application for use.
- In principle, the Company will accept the Applicant’s application and notify the Customer of such fact. However, the Company may refuse the application or terminate the agreement to use the Service in case of any of the following events:
- 2.1. When the Applicant had lost qualifications in the past due to breach of the Terms of Service (including all contracts between the Company and the applicant) (except when the applicant obtained express permission to use the Service from the Company);
- 2.2. When the name entered at the time of application is not the Applicant’s real name;
- 2.3. When false information is depicted, or when demanded information is not provided;
- 2.4. When the Applicant is attempting to use the Service for an unauthorized or illegal purpose;
- 2.5. When the Applicant is a minor and does not have the consent of his/her legal guardian;
- 2.6. When the Applicant is subject to the disposition set forth in Article 16;
- 2.7. When the Applicant has made an application in violation of the relevant laws and regulations of the Terms of Service; or
- 2.8. When Company reasonably determines not to give consent.
- The Company may reserve consent if there is a problem with the provision of the Service due to technical or business reasons.
- If the Company does not accept or reserve application inhere by Section 2 above the Company will, in principle, notify the Applicant of the refusal or reservation.
- When the Company notifies the Customer that the customer registration has been completed, an agreement to use the Service is deemed to have been executed by the Customer and the Company. The Customer and the User can use the Service in accordance with this Terms of Service.
Article 5 (Change of customer and user information)
- The User can freely browse or change Customer’s own information through the admin console. However, the User cannot change any information the Customers or the Company do not allow modification to.
- When a change occurs in the registration information, the User must promptly update the content after the change through the admin console or inform the Company of the changed contents.
- The Company does not assume any responsibility for damages incurred by Users or third parties due to Users not updating the changes mentioned in the preceding paragraphs.
Article 6 (Obligation to protect personal information)
- Company will make commercially reasonable efforts to protect the personal information of Users according to the “Personal Information Protection Act” and other related laws and regulations.
- In accordance with the “Law Concerning Protection of Personal Information” and other related laws and regulations, Customers and Users are responsible for managing and protect their own personal information.
- In accordance with the “Law Concerning the Protection of Personal Information” and other related laws and regulations, the Company may use or disclose the information and data provided by the Customer and the User as statistical information in a form that cannot identify individuals personally at the Company’s discretion; and the Customer will not object to this.
Article 7 (Obligation concerning ID and password management)
- Users are responsible for managing and keeping the ID and password for the Service safe and may not in any way transfer, lend, change name, encumber all or part of it to any third party.
- The User is solely responsible for damages or property loss caused by insufficient management of ID or passport, abuse, or use by third party, and the Company will not be responsible for such damages.
Article 8 (Notice)
- In the case that the Company notify User, the Company will send or post the notice through the features of the Service or send an e-mail to the e-mail address of the Administrator or the e-mail address stated when applying for customer registration unless otherwise specified in this Terms of Service.
- When the Company notifies the Administrator, it is deemed that the notice is given to the Users. Customers are responsible for managing information from Administrators and making changes to ensure accurate information.
- The Customer or the Administrator shall be responsible for notifying the User of matters notified by the Company to the Customer or the Administrator.
- In the case a notice is given to all Customers and the Users as a whole, Company will be deemed to have given such notice by posting such details on Company website or inside the Service for 7 days or more.
- Inquiries concerning the Service and other contacts or notifications from the Customer to the Company shall be carried out by the method specified by the Company.
Article 9 (Company’s obligation)
- The Company shall not act against any related laws and regulations or these Terms of Service and must strive to provide this Service in a stable manner.
- The Company will respond in good faith if just opinions or complaints are raised by the Users regarding the use of this Service.
Article 10 (Users’ obligation)
- In utilizing the Service, Users shall not commit any act falling under any of the following items or acts judged by the Company as applicable to the following.
- 1.1. The act of registering false contents at the time of registration, application, or when changing information.
- 1.2. Using trade names, trademarks and other marks, such as another person name or other companies or other organizations (or similar items) or misleading to another person name or other companies or other organizations.
- 1.3. Stealing the information of others or using other user’s ID or password for the Service.
- 1.4. Attempting to change the information that Company has posted.
- 1.5. Applying an excessive load on the Service’s network or system.
- 1.6. Using a BOT, cheat tool, or other technical means to improperly use the Service and intentionally cause harm to the system, such as repeatedly asking the same question or request to the Company.
- 1.7. Accessing or attempting to gain unauthorized access to our network or system.
- 1.8. The modification of documents and programs related to the Service such as translation, change, modification, analysis, etc.
- 1.9. Replication of the Service, the host, the stream, sublicense, or attempting to resell.
- 1.10. Distribution to non-users of the Service, sending to a third party, leasing, changing security settings, etc.
- 1.11. Creating a similar or related service without obtaining the permission of the Company or the act of distribution.
- 1.12. In connection with the Service, any data mining or similar method of data collection, and the act of using the data extraction method.
- 1.13. Sending an e-mail or a similar means of contact against recipient’s will by using a communication function to send large amounts of information to multiple people in the Service.
- 1.14. Transferring or sharing the Service by means of replication or transfer of softwares prohibited by law or regulations of the Company.
- 1.15. Impersonating the Company or a third party, or intentional act of disseminating false information.
- 1.16. Infringing rights of, including intellectual property rights of, the Company or third parties.
- 1.17. Interfering with the business of Company or a third party.
- 1.18. The act of using the Service for commercial purposes without obtaining the Company’s consent.
- 1.19. Illegally collecting usage history or personal information from other Customers or Users of the Service and disclosing such information.
- 1.20. Obscene expressions or writing, such as discriminatory representation, dissemination, or acts offending to public order and morals.
- 1.21. Providing cooperation, building relationship, relationship profits, and anti-social forces
- 1.22. Other illegal or unfair acts as may be determined by the Company.
- Customers must take steps to ensure that Users other than Customers comply with this Terms of Service. User’s intention or negligence is deemed those of the Customer and the customer will be held responsible.
- In the event that the User other than Customers violates any of the items of paragraph 1, the Company may, without requiring the Customer to act, directly exercise authority of the Administrator to sanction such User.
- In the event that the User violates any of the items of paragraph 1, or in the event of damage to a third party or in the event of a dispute with a third party, the Users shall resolve this by their own responsibility and cost. If damages are suffered by the Company (including attorneys’ fees, but not limited to this) due to such dispute, the Users shall compensate for any damages suffered by Company.
Article 11 (Measures against nuisances)
- The User shall not send any advertisements, fictitious claims, false claims, viruses, pyramid schemes, chain mails, spam, etc. (“nuisances”) to third party regardless of the method through the Service without the consent of the recipient.
- Company will take technical measures to prevent the occurrence of nuisances.
- If the Company receives a report on nuisances etc. from the User by using the report features, the Company will take the following measures.
- 3.1. After accumulation and analysis of the nuisances, Company will take measures that the Company deems appropriate.
- 3.2. Company will send the raw material for research and analysis to a third party (generally the Japan Data Communications Association, but not limited to).
- The Company will temporarily or permanently restrict the use of the Service of the User if it falls under one of the following items.
- 1. If it is proven that the first paragraph is violated.
- 2. After the government agency confirms nuisances and the Company receives request to suspend nuisances.
- 3. If there is or there is a risk of system error due to such nuisances.
- 4. When it is recognized that there is a valid reason for refusing to provide communication services in order to prevent a trouble occurrence by the sending and receiving the Service.
- In the case of the preceding paragraph, the Company will notify Users in advance. However, if it is difficult to notify in advance, the User may be notified afterwards.
Article 12 (Suspension of providing the Service)
- The Company can suspend the provision of the Service temporarily in the following cases to a reasonable extent.
- 1.1. When there are appropriate reasons including for maintenance, inspection, exchange, breakdown, communication disconnection or operation of information communication equipment such as computers
- 1.2. Periodic inspection
- 1.3. In the event of an emergency such as earthquake, lightning strike, fire, wind and flood damage, power failure, natural disasters or other situations
- When the Company discontinues provision of the Service pursuant to the provision of the preceding paragraph, the Company will notify the User in advance. However, if there is a reason why the Company is unable to notify in advance, the Company will notify the Customer later.
- The Company shall not bear any responsibility for damage suffered by Users or third parties caused by suspension of the provision of the Service under paragraph 1 of this Article.
Article 13 (Change of contents of the Service etc.)
- The Company shall be able to change all or a part of the Service or cancel the provision of the Service in the case it is judged necessary by the Company and the necessity of operation and technical necessity. The Company shall inform the User in advance by the method of Article 8. However, if there is a reason why the Company cannot notify in advance, the Company will notify the User afterwards.
- If Customer does not agree with the change of the Service under this section, the Customer will be able to cancel the Customer’s or User’s contract.
Article 14 (Information provision and advertisement posting)
- The Company can provide the information that is deemed necessary/useful when the User uses the Service (including without limitation expansion/addition of functions, addition/change of product plans, schedule of scheduled maintenance, effective use of the Service etc.) to Users by publishing or sending or posting via an email or the features of the Service.
- The Company shall be able to transmit the information in the preceding paragraph through telephone or the like if there is prior consent of the Customer. However, this does not apply to the communication related information and reply to the Customer’s question and answer etc.
- In connection with the operation of the Service, the Company can post advertisements on the screen of the Service, service homepage, User’s e-mail, etc. However, the User who receives the advertisement e-mail to the Company can refuse to receive the subsequent e-mail.
Article 15 (Data handling)
- All data and information (the “Stored Data”) that Users have stored in the Service are managed directly by the Customer himself. The Company will not acquire any rights on Stored Data other than those obtained under these Terms of Service.
- Notwithstanding the provisions of the preceding paragraph, the Company may make copies of the Stored Data without the Customer’s consent for the convenience of server recovery at the time of stoppage, prevention of data transmission and reception, etc interruption. However, the Company do not assume the obligation to back up the stored data, but the Users shall back it up at their own risk.
- Upon termination of the use contract, the Company will delete the Stored Data after a certain period of time specified separately by the Company. The Company will not be held responsible for damage suffered by Users or third parties regarding storage, deletion, copying, etc. of the Stored Data after the termination of the use contract.
- The Company cannot access the Stored Data except in the following cases.
- 4.1. For the safe operation of the Service
- 4.2. In order to prevent or resolve operational issues of the Service
- 4.3. If there is a User’s request and the Company determines to respond.
- The Company will not disclose Stored Data to third parties without the User’s consent. However, in cases where there is a request by law or a court warrant, the Company may disclose all or part of the Stored Data without the User’s consent.
Article 16 (Use restrictions, etc.)
- If the User is in breach of his obligation under this Terms of Service, the Company may take any of the following actions and the Company does not take any responsibility for the damage caused to the User or a third party:
- 1.1. Warning (including corrective measures)
- 1.2. Temporary suspension of use
- 1.3. Termination of use contract or cancellation of registration (hereinafter referred to as the “registration deletion disposal, etc.”.)
- The Company will give advance notice in accordance with Article 8 to the User in case the Company cancels registration or terminates use contract.
- Notwithstanding paragraph 2 above, the Company may immediately terminate the account or registration deletion disposal, etc. if the User breaches the contract for use, the Terms of Service or any laws and regulations.
- If the registration deletion disposal, etc. on the basis of the preceding paragraph is carried out, the Users rights against the Company will terminate, and the Company will not be liable for such expiration or termination.
- Some features of the Service are provided with limited functionality of the paid LINE WORKS service. As a result, the range available for the Service may be limited with respect to information and data actually stored.
Article 17 (contract termination and cancellation)
- Customers, in the manner prescribed by the Company, can request termination of use contract.
- In the event that it is confirmed that 180 days have elapsed since all users have not used the service in accordance with the standards and methods set by the Company, the Company will take measures to terminate the use contract.
- In the following cases, without any notification, the Company can immediately cancel the contract for use. In the case that the contract is cancelled by this paragraph, the Company can file a claim for damages to the Customer.
- 3.1. In the case of suspension of payments or insolvency, or bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, there is a possibility of commencement of special liquidation or a petition to start the related procedure.
- 3.2. Customers who are minors, adult ward etc but fail to obtain the consent of a legal guardian, and it is reasonable to terminate.
- 3.3. If the Customer uses the Service for illegal or improper purposes or distributes illegal information.
- 3.4. If the Customer is in violation of this Terms of Service, and does not fulfill our corrective request in 7 days.
- If the contract is terminated by this Article, all Users connected to the Customer cannot use the Service. In addition, the Company will delete all User Data when terminating the contract except in cases where the Company keeps the Customer’s information in accordance with the relevant laws and regulations. If necessary, the User should make backups of necessary data before termination of contract. The Company does not take any responsibility for the damage arising out of user’s failure to perform backup.
- The Company assumes no responsibility for damage caused to Users by the act made by the Company under this Article.
Article 18 (Elimination of gang-affiliated parties)
- The Users (if the party is of the corporation, its representatives, including the directors or executive officers) represent and warrant that they are not and will not be in the futuregang, gang members, gang related companies, racketeers, society movement advocating grounder, or anti-social forces such as the special intelligence violence group (“anti-social forces”), and that the Users do not and will not in the future directly or indirectly use the anti-social forces or provide convenience to the anti-social forces.
- If the Company is determined to investigate in accordance with the preceding paragraph, the User must cooperate and submit the requested materials.
- If it is determined by the Company that there is a possibility of a violation of the provisions of the other preceding two paragraphs, the Service may be terminated without warming.
- If Service is cancelled because of provisions of the preceding paragraph, the Company will not assume any responsibility of related damages.
Article 19 (Limitation of Liability)
- The Company disclaims any representations or warranties, including without limitation, that it is fit for particular purpose of the User, expectation of the User on the functionality correctness or usefulness, use of the Service by the User will be appropriate for the rules, regulations or laws applicable to the User, and lack of errors.
- The Company, except in the cases of intent or gross negligence, does not assume responsibility for interruption of the provision of the Services, unavailability, change, Users deletion or loss of information transmitted to the Service, cancellation of the User’s registration, or Service use loss/equipment failure or damage of registration by the User.
- Even in the case where the Company assumes responsibility for the cases which apply the Consumer Contract Act to the User or for other reasons, the Company is not liable for any damages exceeding the amount equivalent to the Company actually received from the User during the three months period immediately preceding. Incidental, indirect, and special damages, for such damages in the future of the damage and lost earnings, and shall not be liable for compensation.
- The Company disclaims any liability with respect to any dispute between the User and other Users/third parties(hereinafter referred to as “third parties, etc.” in this section.) due to the use of the Service; Such User in dispute shall resolve the dispute at its own responsibilities and costs.
- The Company does not bear any responsibility for the failure of the use of the Services caused by reasons attributable to the User.
- In relation to disputes, (including attorneys’ fees, but not be limited to this.) the Company suffers any loss due to such disputes, the User shall compensate the full amount of damages suffered by the Company.
- No party will be responsible for the damages suffered by the other party due to force majeure events (natural disasters, war, acts of terrorism, riot, labor disputes, administrative measures, etc.).
- The Company, will not be liable for any loss or damages due to the use of the Partner Service, or in connection with the resulting transaction, contact, conflict, and damage the like (hereinafter, referred to as “Damage or Loss of Partner Service”). The Users shall solve the Damage or Loss of Partner Service at their own responsibility and cost.
Article 20 (Vesting of Rights)
- Copyright and other intellectual property rights in the Service shall vested in the Company or a third party designated by the Company.
- Users shall be granted the right to use the Service in accordance with the Terms of Service, as well as any provision that may be put into place. This does not mean Users are granted license to transfer or other license to any intellectual property rights with respect to the Service.
Article 21 (Consent of User except Customer)
- Administrators will be able to access the available data of the User. Before the User uses the Service, Customer shall obtain consent from the User on the data administrator access, and monitoring. Permission must be obtained before this information is made public or used.
- If the User other than the Customer does not fully consent or if there are any claims made by the User, such as right infringements, damages, or complaints, it is the Customer’s’ responsibility to handle all expenses (including attorney fees).
Article 22 (Prohibition of assignment)
- The Customer may not assign, transfer, rent, lease, or pledge any of the rights or responsibilities against the Company to a third party.
- In the case the Service has been transferred to other companies, registration matters and other customer information, rights and obligations based on the Terms of Service, and other agreed information will also be transferred. In addition, the business transfer set forth in this section includes any other transfer, assignment, spin-off of business.
Article 23 (Governing Law and Jurisdiction)
- Japanese laws and applicable rules will govern this Terms of Service and user agreement.
- All disputes related to these Terms of Service and user contracts, shall be submitted to the jurisdiction of the Tokyo District Court.
Article 24 (Other)
- If the Terms of Service is declared to be invalid or unenforceable by the provisions court or jurisdiction agency, the Terms of Service will be revised in order to comply with the court’s requirements. However, if revision is impossible, the Company will delete the provisions and the remaining provisions will remain in place.
- The Japanese language version of this Terms of Service shall prevail over any translation thereof. This English translation is made available be for reference purpose only.
September 11, 2018 Enacted