The Service is designed to support Registered User in grasping hours of access to its internal systems (meaning systems used systematically, and including external services) by it or its employees, etc. (“Employees”) as part of human resource management, thereby estimating the working hours of Employees and detecting long working hours.
Article 1. (General provisions; application scope)
- “Registration Applicant” means a company, organization or individual that wishes to use the Service.
- “Registration for Use” means the registration for use of the Service by the Registration Applicant in accordance with the means set forth in Article 3.
- “Registration Information” means information designated by the Company that the Registration Applicant and Registered User register at the time of its Registration for Use; any information requested by the Company as necessary during the use of the Service; and information added and changed by the Registered User to the information above.
- “Allied Data” means information which is obtained from the service allied with the Service and other services (including but not limited to login history of computers, entry and exit history to the office, email transmission history and other internal system usage history, text, images, videos and other data; including titles of scheduler, but not including subjects and texts of e-mail, chat and social media messages, as well as contents of files attached thereto).
- “Transmission Data” means information input by a Registered User (including, but not limited to, personal name, department, e-mail address, telephone number, arrival and departure times and other data; including titles of scheduler, but not including subjects and texts of e-mail, chat and social media messages, as well as contents of files attached thereto).
- “User ID” means a specified code that is used for identification of a Registered User by combination with Password.
- “Password” means a specified code that is used for identification of a Registered User by combination with User ID.
- “Account” means User ID and Password that the Company registers for and issues to a Registered User to identify the Registered User from other parties.
- “Company’s Website” means a website operated by the Company of which domain is “raku-ro.com” and which includes the domain after the change, if the domain or the content of the Company’s Website is changed for any reason whatsoever.
- “Paid Registered User” means a Registered User who has registered a credit card pursuant to Article 7, paragraph 3.
- “App” means the application or related software to provide the Service which is operated by the Company.
- “App Purchase Procedures” means procedures to start downloading an App, for a fee or free of charge.
- “Intellectual Property Rights” means all and any intellectual property rights, including, but not limited to copyright, patent, utility model, trademark, design rights and any other rights whatsoever, and includes the rights to acquire those rights or to apply for registration or otherwise thereof.
Article 3. (Registration)
- The Company shall decide whether it accepts the application of the Registration Applicant or not based on the Company’s standard. If the Company finds it may accept the application, it shall notify such Registration Applicant of its registration. When the Company issues such notification, the registration of the Registration Applicant as Registered User (“User Registration”) shall be deemed to be completed.
- The Company may refuse the registration, if a Registration Applicant under paragraph 1 above falls under any of the following items:
- If all or any part of the Registration Information provided to the Company is false or has any error or any omission;
- If the Registration Applicant is or was subject to suspension of use of the Service, including account deletion;
- If the Registration Applicant is a minor, an adult ward, a person under legal curatorship, or a person under assistance, without the necessary consent of his/her statutory agent, guardian, curator or assistant;
- If the Company decides that the Registration Applicant is an antisocial force (meaning a group called boryokudan, a member of boryokudan, a person who is a member of an organized crime group or for whom five (5) years have not yet passed since leaving an organized crime group, quasi organized crime group constituent member, organized crime group affiliate enterprise, corporate racketeer (sokaiya), groups engaging in criminal activities under the pretext of conducting political activities, or crime groups specialized in intellectual crimes or any equivalent person, the same shall apply hereinafter), or has any interaction or exchange with an antisocial force or is related to it in any way, including support of, or involvement in the operation or management of such antisocial force by funding it or other means; and
- If the Company determines that the registration of the Registration Applicant is not proper.
Article 4. (Change in Registration Information)
- A Registered User shall notify the Company of the change in its Registration Information, if any, within fourteen (14) days of such change in accordance with the method designated by the Company, and submit the documents requested by the Company.
- If a notice of the Company does not reach the Registered User because the Registered User failed to notify the change in the preceding paragraph, such notice shall be deemed to have been received by the Registered User when it would have arrived.
Article 5. (Control of Password and User ID)
- A Registered User shall control and keep its Password and User ID on its own responsibility and shall not allow any third party to use them; lend, transfer, assign and sell them to any third party; change in their name. If the Company confirms the identification of the Password and User ID, it is deemed that the Registered User who is registered as holder of such Password and User ID uses the Service.
- The Registered User shall owe any responsibility for any damage due to its incomplete control and wrong use of its Password and User ID or a third party’s use thereof, and the Company shall not be liable for such damage, except for cases where such damages are attributable to the Company.
- If Password and User ID is stolen and/or it is found that it was used by any third party, the Registered User shall immediately notify the Company thereof and follow the Company’s instruction.
Article 6. (Commencement of Use of the Service)
- Registered Users shall, after the User Registration, commence using the Service by making external services designated by the Company, such as groupware, link or ally with the Service, and registering the accounts on such external services as accounts to be analyzed (“Accounts to Be Analyzed”).
- A computer, software and any other device and communication environment including communication line which are necessary for receiving the Service shall be prepared, held and maintained solely at the Registered User’s costs and expenses and on its responsibility.
Article 7. (Trial Period)
- Registered Users may use the Service free of charge for the period (“Trial Period”) as separately specified by the Company starting from the day on which the User Registration is completed in accordance with Article 3, paragraph 2.
- The Company may provide Registered Users during the Trial Period with only a part of the Service, which is provided to Paid Registered Users.
- If a Registered User wishes to continue to use the Service as Paid Registered User even after the Trial Period, the Registered User shall follow the procedures designated by the Company for paid User Registration (“Paid User Registration”) for the payment of the service fees set forth in the following Article. If a Registered User does not complete the Paid User Registration during the Trial Period, the Registered User will be unable to continue the use of the Service after the expiration of the Trial Period, and unable to refer to Allied Data or Transmission Data that is obtained or inputted during the Trial Period.
- If the Registered User does not become a Paid Registered User after the expiration of the Trial Period, the Company may delete the account of such Registered User at its sole discretion.
Article 8. (Service Fees and Payment Method)
- A Registered User who has completed Paid User Registration pursuant to paragraph 2 of the preceding Article shall pay, as consideration for the use of the Service, the fee separately determined by the Company and indicated on the Company's Website or App by the method determined at the time of Paid User Registration from the next month after the Trial Period expires.
- In the event that a Paid Registered User delays payment of the fee set forth in the preceding paragraph, the Registered User shall pay the Company a late charge at the rate of 14.6% per annum from the first day of the month in which the fee has not been paid.
Article 9. (Prohibitions)In using the Service, the Registered User shall not do any of the acts which are set forth in the following items:
- a fraud or intimidation to the Company, other Registered User of the Service, a holder of Accounts to Be Analyzed or any third party;
- an act against public order;
- an act infringing any Intellectual Property Rights, publicity, portrait right, privacy right, personal honor right or any other rights or interests of the Company, other Registered User of the Service, a holder of an Account to Be Analyzed or any third party;
- an act to transmit any information that falls or that the Company finds it falls under any of the followings to the Company or any third party via the Services:
- (i) information including the expression excessively violent or brutal;
- (ii) information including a computer virus and/or any other harmful programs;
- (iii) information including the expression defaming honor or goodwill of the Company or any third party;
- (iv) information including the expression excessively obscene and indecent;
- (v) information including the expression encouraging discrimination;
- (vi) information including the expression encouraging suicide and/or self-injury;
- (vii) information including the expression encouraging improper use of drugs;
- (viii) information including the antisocial expression;
- (ix) information asking diffusion of any information to third parties, including junk, spam, chain mail;
- (x) information including any illegal solicitation, propaganda and advertisement;
- (xi) information including the expression making others disgusting;
- an act heavily loading the network or system of the Service;
- an act deliberately publishing or transmitting false data;
- an act unauthorizedly accessing the system which connects to the Service;
- an act pretending to be other Registered User of the Service or third party;
- an act using the User ID or Password of another Registered User of the Service;
- an act making Account link or ally with the accounts of the third party not designated by the Company;
- an act that is or likely to be considered as beneficial to competitors of the Company.
- an act of duplicating, distributing, or disclosing a part of the Service.
- an act of changing, deleting, decompiling, reassembling or reverse engineering of program in connection with the Service.
- an act of compromising safety and/or impairing consistency of system of the Service.
- an act of transmitting or spreading harmful and/or malicious programs such as virus, warm or others.
- an act of collecting information that can identify individuals (including user ID) through the Service.
- an act giving benefits to antisocial forces;
- an act causing or facilitating, directly or indirectly, the acts in the items above; and
- any other acts that the Company determines improper.
Article 10. (Withdrawal of Registered User)
- The Registered User may withdraw from the Service by designated means. The Registered User shall withdraw from the Service on the last day of the month in which the withdrawal procedure of the Service has completed, and cannot use the Service nor refer to its Allied Data or Transmission Data from the next day after it withdraws from the Service.
- The Registered User shall not be exempted from any obligations and duties to the Company and any third parties under the Agreement of the Service (including but not limited to the obligation to compensate the damage) even after the withdrawal from the Service.
- If the Registered User withdraws from the Service, the Company may delete the account of such Registered User, Allied Data and other information on the Registered Users obtained through the use of the Service at its sole discretion.
- If the Registered User wishes to be registered for the Service again after it withdrew from the Service, it shall be registered as Registered User by following the registration procedures again. In such case, no Trial Period shall be provided to a Registered User who has completed the registration procedure again. In addition, the Registered User shall accept in advance that all or any part of its data will not be taken over even if it is registered again.
Article 11. (Suspension of use of Service)
- If the Company finds that the Registered User falls under any of the following items, it may, at its sole discretion, temporally suspend the use of the Services by such Registered User or cancel the Agreement of the Service. Further, even if any of such action is taken by the Company during the month, the Registered User shall pay the full amount of fees for the Service for that month.
- if any false statement is found in the Registration Information;
- if the service fee is not settled by the registered credit card;
- if the Registered User becomes insolvent or a petition for proceeding of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or any other similar proceedings is filed;
- if the Registered User dies or an order of commencement of guardianship, curatorship or assistance for the Registered User is made;
- if the Registered User does not respond to the Company’s inquiry and/or any other message from the Company asking for its response for not less than thirty (30) days;
- if the Registered User falls under any of the items listed in paragraph 4 of Article 3;
- if the Company determines that it is necessary for the operation or maintenance of the Service; and
- if the Company determines that there is any other reason similar to those in the items above.
- If the Registered User falls under any of the items of the previous paragraph, all and any of its liabilities to the Company shall become automatically due and the Registered User shall immediately fulfill such liabilities.
- The Registered User shall not be exempted from any of its obligations and liabilities to the Company and third parties under the Agreement of the Service (including but not limited to the obligation to compensate the damage) even after the termination or cancellation of the Agreement of the Service.
- The Company shall not liable for any damage to the Registered User arising out of the Company’s acts to the Registered User which are made under this Article.
Article 12. (Change, discontinuation and suspension of the Service)
- The Company may change all or any part of the Service without any prior notice to the Registered User.
- The Company may discontinue provision and/or operation of all or any part of the Service at its sole discretion. In such case, the Company shall give a notice to the Registered Users by a method it determines proper at least three (3) months prior to such discontinuation. Provided, however, the Company may omit such notice in an emergency situation.
- If any of the matters in the following items occurs, the Company may temporally suspend providing and/or operating all or any part of the Service without any notice to the Registered User:
- if the Company, periodically or urgently, performs maintenance or repair of hardware, software,
- if it is difficult to provide the Service due to the failure of computer or communication line, operational error, access concentration, illegal access, hacking, or other unexpected circumstances;
- if security problem occurs to the Service;
- if the service of the telecommunication service provider is not provided;
- if it is difficult to provide the Service due to force majeure, including acts of God;
- if it is difficult to provide the Service due to unexpected accidents, such as fire, power failure and any other similar causes;
- if it is difficult to provide the Service due to war, conflict, disturbance, riot, labor dispute and any other similar causes;
- if it is difficult to lawfully operate the Service; or
- if the Company finds necessary due to any other causes similar to those in the items above.
Article 13. (Attention in downloads)In installing any software into its own computer and other devices by way of download from the Company’s Website or other ways at the beginning of or during the use of the Service, the Registered User shall pay attention not to lose or alter any information it holds or not to cause failure or damage to such equipment and/or devices. The Company shall not be liable for any damage to the Registered User due to the above.
Article 14. (Ownership of rights)
- The Registered User shall not do any act threatening to infringe the Intellectual Property Rights of the Company or licensor that grants its license to the Company without the Company’s approval for any reason whatsoever (including but not limited to disassembling, decompiling, reverse-engineering).
- The Company shall not assign nor grant the Registered User any license to use the trademark, logo, service mark and equivalents, etc. (hereinafter collectively referred to as the “Trademark, etc.”) even though Trademark, etc. is displayed on the Service.
- The Registered User represents and warrants to the Company that it has legal rights to acquire Allied Data and Transmission Data or transmit them to the Company and that to do the same will not infringe any right of third parties.
- The Registered User shall grant the Company a worldwide, non-exclusive, free of charge, sublicensable and assignable license to use, copy, distribute, create derivative works of, display and implement the Allied Data or the Transmission Data to the extent necessary for the Registered Users to use the Service.
- The Registered User consents that he/she will not exercise its moral right on the Allied Data or the Transmission Data to the Company and a person who succeeds to the right of the Company or is granted the right by the Company.
Article 15. (Treatment of Registration Information)
- The Company will not collect, without the permission of a Registered User, any subject or text of e-mail, chat or social media message, or content of any file attached thereto from any services which are allied with the Service or other services.
Article 16. (Confidentiality)
- is already in the public domain or already acquired by the recipient at the time of provision or disclosure by the other party, or acquisition;
- enters the public domain after provision or disclosure by the other party, or acquisition, by a publication or otherwise through no fault of the recipient;
- is duly received from a third party with authority to provide or disclose the same without a duty of confidentiality;
- is independently developed by the recipient without reference to the Confidential Information; or
- is confirmed in writing by the other party that it need not be kept confidential.
- The Company and Registered Users shall Use Confidential Information solely for the purpose of using the Service, and shall not provide, disclose or leak the other party’s Confidential Information to third parties without the written consent of the other party.
- Notwithstanding the provisions of the preceding paragraph, the Company or a Registered User may disclose Confidential Information by law, or order, request or requirement from a court or government agency; provided, however, that either party shall notify the other party promptly upon such order, request or requirement.
- The confidentiality obligation under this Article shall survive and remain in full force and effect for one (1) year after the termination of the Agreement of the Service.
Article 17. (Damages)
Article 18. (Denial of warranty)
- The Service is designed to grasp the occurrence of long working hours from the records of access by Employees to the internal system, and is not intended to accurately indicate, ascertain and manage working hours. The Company take no responsibility for any trouble or disposition, etc. from a public office due to inconsistency between working hours of Employees indicated by the Service and the actual working hours. In addition, the Company makes no warranty that the Service fits for a particular purpose of a Registered User, and has the expected features, commercial value, accuracy and usefulness, that the use of the Service by Registered Users conforms to laws and regulations applicable to Registered Users or internal rules, etc. of industry associations or Registered Users, and that the Service is free from defects.
- No warranty is provided by the Company as to the legality of Registered Users' acquisition of Allied Data or transmission of Transmission Data, or compliance with the terms of external services, etc. Registered Users warrant that they have taken measures required under the Act on the Protection of Personal Information (Act No. 57 of May 30, 2003 of Japan) in relation to the registration of Accounts to Be Analyzed and other use of the Service, and that their use of the Service does not or will not infringe the rights to privacy of Employees. The Registered User shall resolve the dispute in relation to the use of the Service between the Company or the Registered User and any of Employees or any other third party on its own responsibility and at its costs and expenses, and the Company will not be involved in such dispute.
Article 19. (Effective term)The Agreement of the Service shall be effective between the Company and the Registered User, during the term when the Service is provided, from the day when the User Registration under paragraph 2 of Article 3 is completed with regard to the Registered User until the day when the Registered User withdraws from the Service, the day when the Company deletes the account of the Registered User, the Agreement of the Service is canceled or the Company discontinues its provision and operation of all of the Service.
Article 21. (Scope of license to use Apps)
- The Registered Users may use Apps solely for the purpose of personal use or use in their organizations, and may not use them for sale, distribution or development or other purposes.
- The Registered Users shall use Apps in the condition provided by the Company, and may not copy, correct, modify, alter or translate Apps.
Article 22. (License period of Apps)The license period of an App shall commence when a Registration Applicant completes the App Purchase Procedures and end when the expiration stated on the App arrives or when the Registered User deletes (uninstalls) the App from the Mobile Terminal. The completion of the Registration Applicant’s App Purchase Procedures shall not mean the execution of the Agreement of the Service between the Company and the Registration Applicant.
Article 24. (Contact and notification)
- The Company may send emails to the registered email address of the Registered User for publicity or advertisement, etc. of the Service.
Article 25. (No assignment of the contractual status)
- The Registered User may not transfer or assign its contractual status or all or part of its rights and obligations under the Agreement of the Service to a third party (including comprehensive succession in case of merger, company split, etc.) or pledge them as a collateral without the Company’s prior written approval.
- If the Company assigns its business relating to the Service to other company, it may assign its contractual status, rights and obligations and the Registration Information and any other information of the Registered Users to the assignee of such business assignment and the Registered Users are deemed to have consented to such assignment in advance under this paragraph. The business assignment in this paragraph shall include comprehensive succession due to a merger or company split by which the Company will be an absorbed company or a split company.
Article 27. (Survival)The provision of paragraphs 2 and 3 of Article 5, paragraphs 2 to 4 of Article 10; paragraph 2 of Article 15, Articles 25, 26, and 27, paragraph 4 of Article 28, Articles 29 and 30 shall effectively survive the termination of the Agreement of the Service.
Article 28. (Elimination of Anti-Social Forces)
- The Company and the Registered User represent that themselves or officers of its parent company, subsidiary company or affiliate company (directors, executive officers, corporate auditors or any equivalent person) are not currently an antisocial force, and that does not currently fall under the any of the followings, and covenants and guarantees that it will not become a member of an antisocial force and that it will not in the future have any of the followings.
- any relationship whereby the Company is deemed to be controlled by a member of an antisocial force;
- any relationship whereby a member of an antisocial force is deemed to be materially involved in the management of the Company;
- any relationship whereby the Company is deemed to be unjustly using a member of an antisocial force, including, but not limited to, for the purpose of gaining illegal profit for itself or a third party or inflicting damage to any third party;
- any relationship whereby the Company is deemed to be involved with a member of an antisocial force by providing funds or favors to it knowing that the member belongs to an organized crime group; or
- any officers or other person substantially involved in management is in a relationship with a member of an antisocial force which is deemed be socially reprehensible.
- The Company and the Registered Users covenant and guarantee that it shall not or cause a third party to engage in any one of the following acts:
- violent demands;
- unreasonable demands exceeding legal responsibility;
- acts of using of intimidating words or action in relation to a transaction;
- spreading of rumors, use of fraudulent means or use of force to harm the reputation of the other party or the other party’s business; or
- any other acts equivalent to the above.
- The Company or the Registered User shall not be liable for any damage incurred by the other party as a result of the termination pursuant to the preceding paragraph, and the Company or the Registered User may claim against the other party for damage arise out of or in connection with such termination.
Article 30. (Resolution by consultation)
- If requested by the other party upon discussion set forth in the preceding paragraph, the Company and the Registered User shall make an agreement on holding such discussion in writing or by means of an electronic or magnetic record.
[Established on July 1, 2018]
[Revised on July 1, 2019]
[Revised on July 1, 2020]