Terms of Use
These terms and conditions (hereinafter referred to as the "Terms and Conditions") (hereinafter referred to as "Goenup") is a service provided by Goenup Inc. (hereinafter referred to as "Goenup") (hereinafter referred to as "the Service"). (hereinafter referred to as "the Company") and the Company (including all users who use the Service as members of a corporation, organization, or partnership, hereinafter referred to as "customers"). The terms and conditions of use of the Service are set forth between the Company and the Customer.
Article 1: Agreement to these Terms and Conditions
- If a minor wishes to use this service, the consent of a legal representative is required.
- In the event that the Service has guidelines, individual agreements, user agreements, or other provisions separate from these Terms of Use (hereinafter referred to as "Individual User Agreements, etc."), the customer shall use the Service in accordance with these Terms of Use as well as the provisions of the Individual User Agreements, etc. In the event that the Service has guidelines, individual agreements, user agreements, etc. (hereinafter referred to as "Individual User Agreements, etc."), you must use the Service in accordance with the provisions of the Individual User Agreements, etc. as well as these Terms of Service.
- The relationship between these Terms of Use and Individual Use Agreements, etc. shall apply to all services provided by the Company. However, in the event that there is a separate Individual User Agreement, etc. concluded between a customer and the Company, the provisions of that Individual User Agreement, etc. shall take precedence over these Terms of Use.
- These Terms of Use shall also apply to other services provided by the Company (such as "Goandup Picks" and "Goandup Sales"). Your use of such services constitutes your agreement to these Terms and Conditions, and such agreement shall continue even after these Terms and Conditions are revised.
- If the name of a service provided by the Company is changed (e.g., "Goandup ●● Version"), but the customer agreed to these Terms of Use before the change, these Terms of Use shall apply to the service under the new name. Although we shall notify you in advance of any change in the name of the service, the Terms shall continue to apply even if we do not notify you.
Article 2: Modification of the Rules and Regulations
- These Terms and Conditions shall become effective from the date of receipt of the application form or individual contract from the customer by the Company.
- The Company reserves the right to change the contents of these Terms and Conditions as deemed necessary by the Company.
- In the event of modification of the Terms of Use, the Company shall notify the customer in advance of the contents and effective date of the modified Terms of Use by posting on the Service's website or by any other method deemed appropriate by the Company. However, when making changes that require the customer's consent under laws and regulations, the Company shall obtain consent in a manner it deems appropriate. If you use the Service after the date specified in the notice, you will be deemed to have agreed to the revised Terms of Use, except in cases in which the revised Terms of Use are legally denied.
Article 3 Notification
- When we notify you in relation to the Service, we will do so by posting notices on the Service or sending e-mails or documents to your e-mail address or address registered with the Service, or by any other method that we deem appropriate.
- Even if an e-mail is delivered to a customer's e-mail address registered for this service and the e-mail fails for some reason, the customer is deemed to have been notified, and in such a case, the Company may stop delivery of the e-mail to the e-mail address. In this case, the Company shall not be liable for any loss or damage incurred by the customer due to the failure to receive the e-mail or the suspension of e-mail delivery.
Article 4. About the Service and Other Services Provided by the Company
- The purpose of the Service is for customers to disseminate their services, products, brands, or other content (hereinafter referred to as "Customer Content") widely on media platforms and social networking services operated by the Company. By using the Service, you grant us the information and authority necessary to publish and publicize your Content.
- In addition to this service, we also provide other business support services such as sales representative, MA brokerage, recruiting agency, SNS operation agency, and CS agency (hereinafter referred to as "other services provided by us").
- Details of other services provided by us may be defined in individual contracts with our customers. However, these Terms of Use shall also apply to other services provided by us, and your use of other services provided by us shall be deemed to constitute your agreement to these Terms of Use.
- The Company grants you a non-exclusive right to use the Service on the condition that you comply with these Terms of Use. Even if "purchase" or "sale" is indicated on the screen of the Service, the Company does not transfer any intellectual property rights or other rights related to the Service to the customer, and only the right to use the Service is granted to the customer.
- You may not use the Service in any way that exceeds the intended use of the Service. Such use includes reproduction, translation, adaptation, transmission, reprinting, modification, sale, distribution, sublicensing, public transmission (including making transmittable) (including making transmittable), lending, transferring, leasing, and the like.
- The Company may restrict the use of the Service without prior notice to the customer if the Company recognizes that the customer has violated or is likely to violate any law or regulation or these Terms of Use in using the Service, or if there is any other business necessity to do so.
- SOFTBANK TELECOM may suspend provision of all or part of the Service without prior notice or demand to the customer in the event that the customer falls under any of the provisions of Article 12 (Termination by SOFTBANK TELECOM) or the customer violates the Service Agreement by failing to pay the usage fee by the date specified by SOFTBANK TELECOM. In such a case, SOFTBANK TELECOM may suspend provision of all or part of the Service without prior notice or demand.
Article 5 Registration Information
- When you are required to register information, such as when using the Service or using paid features, you shall provide true, accurate, and complete information (hereinafter referred to as "Registrant" when referring only to the customer who has registered information). (Hereinafter referred to as "Registrant" when referring only to the customer who has registered the information).
- Registrants shall promptly notify us of any changes in their registration information by completing the prescribed registration information change procedures on the service. We shall not be liable for any damages incurred due to failure to change the registration information.
Article 6 ID and Password
- The registrant shall be responsible for the management of his/her ID and password, and shall not manage such ID and password in such a manner that they become known to a third party. The Company shall not be liable for any loss or damage incurred by the registrant due to negligence of this obligation.
- The registrant shall be obligated to set a password that is difficult for a third party to guess, and to change the password as necessary thereafter. We shall not be liable for any loss or damage incurred by the registrant due to negligence of these obligations.
- The registrant shall be solely responsible for the use and management of his/her ID and password, and the Company shall not be liable for any damage caused by insufficient management, error in use, or use by a third party.
- Registrants may not allow anyone other than third parties authorized by the Company to use their IDs and passwords, or lend, transfer, sell, trade, or pledge them.
- If, at our discretion, we determine that there is a possibility of unauthorized use of a registrant's ID and password, such as failure to log in for more than a certain number of times, we may suspend the use of said ID and password. In such cases, the registrant shall follow the procedures set forth by the Company to lift the suspension. The Company shall not be liable for any damage incurred by the registrant due to the registrant's inability to use his/her ID and password as a result of the Company's taking such measures.
article 7 use of information and intellectual property rights
- All information, logos, trademarks, etc. provided by you on our services belong to you or other legitimate right holders. You grant us and third parties with whom we cooperate permission to store, back up, reproduce, or otherwise process the information you provide.
- You also grant us permission to use your information, logos, trademarks, etc. on our website, in our marketing materials, advertisements, etc.
- However, we will not use your information independently or transfer it to a third party beyond what is absolutely necessary for our operation.
- Customers shall exercise due care to ensure that the information provided does not infringe on the intellectual property of others.
article 8 privacy and confidential information
- Personal information" means information that constitutes part of a customer's trade secrets and that relates to an individual and can be used to identify a specific individual (including information that can be easily cross-checked with other information and thereby used to identify a specific individual). ), regardless of the form of the medium on which the personal information is written or recorded (e.g., forms, magnetic disks, optical disks, optical magnetic disks, flash memory, screens, etc.), the data format, or whether or not it is encrypted, and includes customer account information, name, address, telephone number, e-mail address, fax number, voice information, photograph, landlord Information includes.
- We respect the privacy of our customers. In order to protect your personal information and handle it appropriately, we have selected a personal information protection manager and comply with our privacy policy.
- We will not intentionally or negligently disclose or divulge to any third party any personal information obtained through this service, whether during or after the period of use of this service.
- We shall disclose personal information only to our own employees, etc. who need to know such personal information, or to the employees, etc. of contractors and subcontractors to whom we outsource work necessary to provide this service, and we shall impose on such employees, etc. obligations equivalent to the confidentiality obligations imposed on them under this service.
- We shall continue to impose obligations of confidentiality equivalent to those imposed under the Service even after the resignation of our own employees, etc. to whom we disclose personal information.
- We will use your personal information only to the extent necessary for the use of this service.
- We will not disclose personal information to third parties without the customer's written or verbal consent. However, we will not disclose personal information to any third party, except in the following cases: when we disclose such information to our directors or employees; when we entrust a third party with the provision of this service; when we transfer the business of this service to a third party (in any manner, including business transfer and corporate separation); when a court, administrative agency, or self-regulatory organization requests the disclosure of such information in accordance with laws and regulations; or when we disclose such information to a lawyer or certified public accountant. (2) When we are required to disclose such information by a court of law, administrative agency, self-regulatory organization, etc., when we disclose such information to attorneys, certified public accountants, or other professionals, or when there are compelling reasons to disclose such information.
- Upon termination of this service, or upon request from the customer, SBM will immediately return or dispose of all text and other materials containing personal information in accordance with the customer's instructions.
- When storing personal information within information systems such as host computers, personal computers, and cloud servers, we will take all of the following measures to ensure that personal information, etc. cannot be accessed by anyone other than the identified user(s).
- Take measures to prevent unauthorized access, such as setting IDs, passwords, etc.
- Employees, etc. authorized to access personal information, etc. and their authority shall be limited to the extent necessary in accordance with the nature of the outsourced services.
- Goandup's partners and advertisers have their own privacy policies separate from this service. We have no obligation or responsibility for these policies or activities.
- The Company and the customer shall treat confidential information (meaning information disclosed by the other party in relation to the service with the designation of confidentiality and information uploaded by the customer on the service) with the duty of care of a good manager, and shall not provide, disclose or divulge such information to a third party without written or electromagnetic consent. ), and shall not provide, disclose, or divulge such information to any third party without written or electromagnetic consent. However, this shall not apply in cases where disclosure is required by law.
- If, during the contract period of this service, SOFTBANK TELECOM causes damage to the customer in the course of providing the service, SOFTBANK TELECOM will compensate the customer for direct and ordinary damages incurred by the customer. However, this shall not apply to damages caused by accidents, etc. that are not the fault of the Company.
Article 9 Prohibited Acts
- In using the Service, customers shall not engage in any of the following acts
- Acts that infringe on the copyrights of others
- Violating the privacy of others
- Acts that infringe on the honor or trustworthiness of others
- Criminal acts or acts connected with criminal acts
- Providing information that is not true (including, of course, impersonating another person).
- Acts that interfere with the operation of this service or damage its credibility
- Any act that suggests without our permission that we are recommending or sponsoring you or your service (including the act of making us the contact person for inquiries at the time of bulk transmission).
- (2) Unsolicited acts against the Company or third parties (including, of course, acts of mass bulk transmission to parties who have not consented or are unlikely to consent).
- Distribution of computer viruses or other harmful programs to the servers managed by this service.
- Lending or otherwise illegally using an ID or password to a third party
- Making false declarations to the Company
- Creating multiple accounts as a free account, unless otherwise approved by the Company in writing or by electromagnetic means.
- Use of the Service for the benefit of a third party or any other use of the Service for purposes other than one's own use.
- (2) To consider, plan, or start a service that is similar or competitive to this service while using this service or for 3 years after the termination of use of this service.
- Sharing a single user's login ID and password among multiple people and using them interchangeably
- Other acts that violate or may violate laws and regulations
- Other activities that the Company deems inappropriate.
- If a customer commits an act that falls under any of the items of the preceding paragraph, SOFTBANK TELECOM may suspend use of the Service or take any other action that SOFTBANK TELECOM deems appropriate (hereinafter referred to as "suspension of use, etc.") against the relevant customer. The Company may take such measures as it deems appropriate (hereinafter referred to as "Suspension of Use, etc.") against the relevant customer. The Company may take the Suspension of Use, etc. based on its own judgment, and the Company shall not be obliged to disclose the reason for the Suspension of Use, etc. In addition, the Company shall not be liable for any damages resulting from the suspension of use, etc.
- If the Company suspects that a customer's conduct in using the Service falls under any of the items of Paragraph 1 of this Article, the Company may investigate the information provided by the customer. In addition, if the Company learns that a customer's act falls under any of the items of the preceding paragraph, the Company may temporarily suspend provision of all or part of the Service or delete information related to the act falling under any of the items of the preceding paragraph without prior notice to the customer. However, the Company shall not be obligated to monitor your actions or information (including data and content) you transmit. However, the Company shall not be obligated to monitor your actions or information (including data and content) sent by you.
- In the event that a customer's use of the Service violates these Terms of Use, in the event that a third party files a claim or demand against the Company in connection with such use and the Company deems it necessary, or in the event that the Company deems it inappropriate for the operation of the Service for any other reason, the Company may take any or all of the following measures against the customer.
- Demanding that the violation of the provisions of paragraph 1 cease.
- Requesting to hold discussions with a third party for the resolution of a claim, etc.
- Requesting customers to stop sending information
- Deleting all or part of the information transmitted by the customer without prior notice, or placing the information in a state where it cannot be received by others.
- Suspension of all or part of the provision of this service
- Termination of the subscription agreement in accordance with Article 12 (Termination by the Company)
- In using the Service, you shall comply with the lawful acquisition of such personal information regarding landlord information, building information, and other personal information contained in the information you submit or register.
Article 10 Paid Functions
- When a customer uses a feature of the Service for which usage fees, usage periods, and other terms of use are separately stipulated (hereinafter referred to as "Paid Features"), the customer shall comply with the terms of use and agreement stipulated in a separate individual usage agreement, application form, or on the Service screen. When using functions for which usage conditions such as usage fees and usage periods are separately stipulated (hereinafter referred to as "Paid Functions"), customers shall follow the terms and conditions of use and agreements stipulated in separate individual usage contracts, application forms, or on the service screen, etc.
- After using a paid function, you may not cancel the use of the function or refund the payment. However, this does not apply in cases where there is a separate stipulation on the application screen, etc.
- The Company will accept applications for use of the service through methods prescribed by the Company (such as the application page for this service), and after the necessary screening and procedures, etc., the Company will approve use of the service at its own discretion through a method prescribed by the Company, and the service will be available for use. Unless otherwise agreed upon by the customer and the Company, usage fees shall accrue from the date of approval of usage by the Company.
- If, as a result of such screening, it is found that the customer falls under any of the following items, the Company may not approve the application or may revoke the granted usage qualification (hereinafter referred to as "Suspension of Usage Qualification"). (hereinafter referred to as "Suspension of Eligibility"). The Company may not disclose the details of the screening to the customer. Customers may not raise any objections to the Company's decision, including whether or not to disclose the information.
If the customer does not exist- If the customer does not have contact information
- If you have been terminated by the Company in the past for violations of these Terms of Use or other reasons
- If any false information is entered in the registration for the use of the paid functions.
- If you have failed to pay, or have failed to pay in the past, the fees for the services provided by us, including this service, at the time you use the paid functions.
- If there is a risk that you may not be able to fulfill your obligations under these Terms and Conditions
- When a customer has committed or is likely to commit an act that falls under any of the prohibited items set forth in these Terms and Conditions.
- The customer is a minor, an adult ward, a person under curatorship, or a person under assistance, and the application process was not carried out by the adult guardian, or the consent of the legal representative was not obtained at the time of application.
- If the customer is a crime syndicate, antigovernment organization, or other socially-accepted anti-social organization, or is a member or related party of such an organization
- In any other cases where we determine that there is a technical or business impediment to our operations.
- The procedures for acceptance and screening of service use applications set forth in the preceding paragraph may be performed by the Company's subcontractors.
- Payment of usage fees, etc. (initial fees, usage fees, one-time fees, and consumption tax, etc. on these fees) shall not be reduced depending on the customer's usage of the Service. The payment of the usage fees, etc. (meaning initial fees, usage fees, one-time fees, and consumption taxes on these fees, etc.) shall not be reduced depending on the customer's usage of the Service.
- The customer shall be required to pay the usage fees, etc. for the period of use even if the service is unavailable due to interruption, suspension, or other reasons as stipulated in Article 13 (Change, Addition, or Discontinuation of Service).
- Even in the event that the subscription agreement is terminated after the customer has applied for use of the Service and before the Service begins, the customer shall pay the full amount of the usage fees and other costs, if any, incurred, except for reasons attributable to SOFTBANK TELECOM.
Article 11 Cancellation, etc. of this Service for Paid Functions
- When a customer uses our service, regardless of the reason, in any of the following cases, no refund or cancellation is allowed, and the customer must pay the fee for the paid function.
- When a registrant's ID and password have been suspended in accordance with these Terms and Conditions
- In the event of suspension of eligibility after the use of paid functions has been established.
- In the event of suspension of use, etc. as provided in Article 9.2.
- When we terminate the contract with the customer in accordance with the Civil Code or other laws and regulations or Article 12 (Termination of Contract by Us)
- When the provision of paid functions is terminated or the customer cancels this service
- In any other cases in which the provision of this service to the customer is suspended or discontinued in accordance with these Terms and Conditions.
- If a customer wishes to cancel the Company's service, the customer must submit a cancellation request in accordance with the cancellation procedures specified by the Company. Upon receipt of the cancellation request by the Company, the cancellation procedure is complete, but the customer must still pay the full service fee within the contract period, even if the cancellation is complete. However, this does not apply if a special agreement has been reached between the customer and the Company.
Article 12 Cancellation of Contract by the Company
- If you fall under any of the following items, we may suspend all or part of this service or affiliated services to you, or terminate the contract with you, without prior notice to you.
- If you violate any of the provisions of these Terms and Conditions
- When a bill or check is dishonored
- When a petition for seizure, provisional seizure, provisional disposition or other compulsory execution or disposition of delinquency or
- (iii) When a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation proceedings is filed.
- In addition to the preceding three items, if there is a material change in the customer's credit standing.
- When the company is dissolved or ceases to operate
- When a caution or recommendation, or an administrative disposition is issued by an administrative authority with respect to business methods, etc.
- When a customer has viewed, altered, or destroyed data stored on the Company's computers without the Company's permission, or when the Company determines that there is a risk of such viewing, alteration, or destruction.
- When the Company deems that the manner in which the customer uses the Service is offensive to public order and morals or inappropriate for the customer.
- (iii) When a person commits any of the following acts by himself/herself or by using a third party
- Violent demanding behavior
- Unreasonable demands beyond legal responsibility
- (iii) Behaving in a threatening manner or using violence in connection with a transaction.
- (iii) Acts of spreading false rumors, using deceptive means or force to damage the other party's credibility or obstruct the other party's business.
- Other acts similar to any of the above
- Notwithstanding the items of the preceding paragraph, SOFTBANK TELECOM may terminate the contract with the customer based on these Terms and Conditions when SOFTBANK TELECOM finds it difficult to continue the use of the service.
- If the customer is using a paid function and the Company terminates the contract with the customer pursuant to the provisions of the preceding two paragraphs, the customer shall pay the charges until the expiration of the contract period for the paid function, regardless of the reason.
Article 13 Change, Addition, or Discontinuance of Service
- In addition to the provisions of the preceding article, the Company may, for any reason and without prior notice to customers, change, add, or temporarily suspend the contents of this service and the affiliated services.
- The Company reserves the right to suspend or discontinue all or part of the Service and affiliated services upon notice to customers. However, if there is an urgent need to suspend or discontinue all or part of the Service, the Company may do so without prior notice.
- The Company shall not be liable for any damages incurred by the customer based on actions taken by the Company in accordance with this Article.
Article 14 Handling at the Time of Contract Termination
In the event of termination of the Service Agreement between the customer and the Company, regardless of the cause of termination such as cancellation of the Service by the registrant, termination by the Company, or discontinuation of the Service, the customer shall lose all rights and privileges related to the customer's account used by the Company, and the Company shall not be liable for any damages to the customer as a result thereof. The Company shall not be liable for any loss or damage incurred by you as a result of such termination.
Article 15 Intellectual Property Rights
- Intellectual property rights related to this service belong to the Company and third parties who are the legitimate right holders. No intellectual property rights are transferred to the customer as a result of this agreement. The customer is granted only the right to use the Service.
- You grant us permission to use your results related to your use of the service and your logo on our website, business materials, press releases, etc. This permission is valid even after your use of the service has ended. This permission shall remain in effect even after use of the service is terminated, and cannot be revoked unless a special agreement has been reached.
Article 16 Prohibition of Assignment of Rights and Obligations
- You shall not assign, succeed, pledge, or otherwise dispose of any rights or obligations under these Terms and Conditions to any third party without the prior consent of the Company.
- The Company may transfer the business of this service to a third party (regardless of the form, such as business transfer, company split, etc.) by giving prior notice to the customer. (2) The Company may transfer the business of this service to a third party (whether by business transfer, corporate separation, or any other means) upon prior notice to the customer. In the event of such transfer, SOFTBANK TELECOM may transfer its position under the Agreement, rights and obligations under the Agreement, stored information, and other customer information to the transferee of such transfer, and the customer shall consent to such transfer in advance as described in this section.
Article 17 Consignment
The Company may outsource part or all of the operations related to the Service to a third party.
Article 18 Indemnification
- You shall use the Service at your own risk and shall be fully responsible for any and all actions and results of your use of the Service. In the event that the Company suffers damages as a result of your use of the Service, you shall indemnify the Company for such damages (including reasonable attorneys' fees). You shall indemnify us for such damages (including reasonable attorneys' fees).
- You shall use any third-party information, whether paid or free, obtained through the Service at your own risk, and we assume no responsibility for the completeness, accuracy, certainty, validity, or safety of such information.
- The Company may add or change the design or functions of the Service or services affiliated with the Service, or upgrade the system without prior notice to customers.
- The Company shall not be liable for any loss or damage incurred by the customer as a result of any change, suspension or termination of this service or any service with which this service is affiliated.
- The Company shall not be liable for any damages caused by changes, discontinuation, suspension, malfunction, etc. of this service or the services with which this service is affiliated.
- The customer agrees in advance that the use of this service or services affiliated with this service may be suspended for a certain period of time due to the following circumstances, and the customer shall not claim compensation for any damage caused by the suspension of this service or services affiliated with this service.
- Suspension for inspection, repair, or maintenance of servers, software, etc. of this service or services with which this service is affiliated.
- Outage due to accidents involving computers, communication lines, etc.
- Suspension due to unavoidable circumstances caused by force majeure such as natural disasters, etc.
- When the provision of this service cannot be performed due to the cessation of telecommunications service by a telecommunications carrier.
- If you violate these Terms of Use
- All information provided by customers through this service is managed and transmitted at the customer's own risk, and the Company assumes no responsibility for its completeness, accuracy, certainty, validity, safety, or the like. Furthermore, the Company assumes no responsibility for information on sites linked to from the Service, or for any problems that may arise from the content of such sites.
- The Company does not guarantee the completeness, accuracy, certainty, validity, safety, etc. of any information obtained by customers through this service or services affiliated with this service. We also assume no liability for any damages incurred by customers as a result of such information.
- We are not responsible for, and will not compensate for, any damage, trouble between customers, or other matters arising from the services we provide or the services with which we are affiliated.
- In the event that SOFTBANK TELECOM is liable to you or any third party due to reasons such as the exclusion of liability stipulated in these Terms and Conditions not being applied, you and SOFTBANK TELECOM agree in advance that the amount of damages based on such liability, regardless of the number of cases, shall in any event be limited to the maximum amount of the fees you paid to SOFTBANK TELECOM when using this service, unless such damages were caused by intentional or gross negligence. In any event, regardless of the number of cases, the Company and the customer agree in advance that the maximum amount of damages based on such liability shall be the fees paid by the customer to the Company for the use of the Service.
Article 19 Exclusion of Antisocial Forces such as Boryokudan
- In using this service, the customer represents that he/she does not belong to, or fall under the category of, a crime syndicate, a member of a crime syndicate, a company affiliated with a crime syndicate, a general meeting house, a socially motivated gangster, a politically motivated gangster, a special intelligence group, or other antisocial force (hereinafter referred to as "crime syndicate or other antisocial force"), and that he/she is not involved with crime syndicates or other antisocial forces in the future. The Company shall represent and warrant that it does not belong to or fall under the category of "Boryokudan" or other anti-social forces, and that it is not involved with Boryokudan or other anti-social forces, and that it will not belong to, fall under, or be involved with Boryokudan or other anti-social forces in the future.
- If the Company determines that a customer belongs to, falls under, or is involved with anti-social forces such as organized crime groups, the Company may take measures to suspend use of the service or terminate the service without prior notice.
- The Company shall not be obligated or liable for any damages resulting from suspension of use or termination of service due to Customer's breach of this Article.
Article 20 Governing Law, Court of Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Japan, and in the event that a lawsuit becomes necessary in connection with this Agreement, the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction as the court of first instance, depending on the amount of the suit.
supplementary provisions
September 1, 2023 Enacted and effective