terms of service
These terms and conditions (hereinafter referred to as the ``Terms'') are the conditions for the use of ``Goandup'' (hereinafter referred to as ``the service'') provided by Goenup Co., Ltd. (hereinafter referred to as ``the Company''). and customers who are corporations, organizations, associations, or individuals who use this service (including all users who use this service as members of corporations, organizations, or associations, hereinafter referred to as "customers"). and our company.
Article 1 Agreement to these Terms
- If a minor wishes to use this service, consent from a legal representative is required.
- The relationship between these terms and individual usage contracts, etc. applies to all services provided by our company. However, if there is an individual usage agreement, etc. concluded separately between the customer and the Company, the provisions of that individual usage agreement, etc. shall take precedence over these Terms.
- These Terms also apply to other services provided by the Company (such as "Goandup Picks" and "Goandup Sales"). If you use the service, you will be deemed to have agreed to these Terms, and such consent will continue even after the Terms have been revised.
- Even if the name of the service provided by our company is changed (e.g. "Goandup ●● version"), if the customer agrees to these terms before the change, these terms will also apply to the service with the new name. You and shall. The Company shall notify the Customer in advance of any change in the service name. However, even if no notice is given, these Terms will continue to apply.
Article 2 Changes to Terms and Conditions
- These Terms shall become effective from the day the Company receives the application form or individual contract from the customer.
- Our company may change the contents of these Terms if we deem it necessary.
Article 3 Notice
- When our company notifies customers in connection with this service, we may do so by posting a notice on this service or sending an e-mail or document to the customer's e-mail address/address registered with this service. We will do so in a manner that we deem appropriate.
- When an email is delivered to the customer's email address registered with this service, even if the email becomes an error for some reason, it will be deemed to have been notified, and in this case, the email to the email address will be deemed to have been notified. You may opt out of email delivery. Please note that our company will not be held responsible for any damage caused to customers due to not being able to receive emails or stopping delivery.
Article 4 About this service and other services provided by our company
- The purpose of this service is for customers to widely disseminate their own services, products, brands, or other content (hereinafter referred to as "customer content") on media platforms and SNS operated by the company. By using this service, the customer grants the company the information and authority necessary for posting customer content and public relations activities.
- In addition to this service, we also provide business support services such as sales agency, MA intermediary, recruitment agency, SNS operation agency, and CS agency (hereinafter referred to as "other services provided by our company").
- Regarding other services provided by our company, details may be determined in individual contracts with customers. However, these Terms shall also apply to other services provided by the Company, and if you use any other services provided by the Company, you will be deemed to have agreed to these Terms.
- When using the Service, the Company grants the customer a non-exclusive right to use the Service, subject to compliance with these Terms. Even if "purchase" or "sale" is displayed on the screen of this service, our company does not transfer intellectual property rights or other rights related to this service to the customer. Only the applicable usage rights will be granted.
- Customers may not use this service beyond the intended use of this service. Such use includes acts such as reproduction, translation, adaptation, transmission, reprint, modification, sale, distribution, sublicense, public transmission (including making it available for transmission), loan, transfer, and lease.
- If the Company recognizes that the Customer violates or is likely to violate laws or regulations or these Terms when using the Service, or if there is any other business necessity, the Company may do so without prior notice to the Customer. You can restrict the use of services.
- If the customer falls under any of the provisions of Article 12 (Cancellation of contract by the company), or if the customer violates the usage contract, etc. by not paying the usage fee by the date specified by the company, may suspend the provision of all or part of this service without prior notice or demand to the customer.
Article 5 Registration information
- Customers shall provide true, accurate and complete information when it is necessary to register information, such as when using the Service or using paid features (hereinafter, only customers who have registered information) (If referred to as the "registrant").
- If there is a change in the registered information, the registrant shall promptly notify the change by completing the prescribed registration information change procedure on this service. Our company is not responsible for any damage caused by not changing registered information.
Article 6 ID and password
- Registrants shall be responsible for managing their IDs and passwords, and shall not manage such IDs and passwords in a manner that would make them known to a third party. Our company will not be held responsible for any damage caused to registrants due to neglect of this obligation.
- Registrants are obligated to set a password that is difficult to guess by a third party, and to change the password thereafter as necessary. Our company will not be held responsible for any damage caused to registrants due to neglect of these obligations.
- Registrants are solely responsible for the use and management of their IDs and passwords, and the Company assumes no responsibility for any damage caused by insufficient management, errors in use, use by third parties, etc.
- Registrants may not allow anyone other than a third party authorized by the Company to use their ID and password, nor may they lend, transfer, buy, sell, pawn, etc.
- If the Company determines, at its sole discretion, that there is a possibility of unauthorized use of the registrant's ID and password, such as by failing to log in a certain number of times, the Company may suspend the use of the ID and password. Masu. In that case, the registrant will cancel the suspension of use in accordance with the procedures established by our company. Please note that our company will not be held responsible for any damages caused by registrants being unable to use their IDs and passwords as a result of our taking such measures.
Article 7 Use of information and intellectual property rights
- Various information, logos, trademarks, etc. provided by customers through our services belong to the customers themselves or other legitimate rights holders. You grant us and the third parties we work with permission to store, back up, copy and otherwise process the information you provide.
- You also grant us permission to use your information, logos, trademarks, etc. on our website, sales materials, advertising, etc.
- However, our company will not use customer information independently or transfer it to a third party beyond the scope absolutely necessary for operational purposes.
- Customers shall take sufficient care to ensure that the information they provide does not infringe on the intellectual property of others.
Article 8 Privacy and Confidential Information
- "Personal information" is information that constitutes part of a customer's trade secrets and is information about an individual that can identify a specific individual (and that cannot be easily compared with other information). ), including information that can identify a specific individual) and the form of the medium in which personal information is written or recorded (such as forms, magnetic disks, optical disks, magneto-optical disks, flash memory, screens, etc.) and data formats. , including your account information, name, address, phone number, email address, fax number, voice information, photo, and landlord information, whether encrypted or not.
- Our company will not intentionally or negligently disclose or leak personal information obtained through this service to any third party, whether during the period of use of this service or after use has ended.
- Our company shall disclose personal information only to its own employees, etc. who need to know the personal information, or to subcontractors whose operations are necessary to provide this service, and employees of subcontractors, etc. We shall impose obligations on such employees, etc. that are equivalent to the confidentiality obligations imposed based on this service.
- The Company shall impose confidentiality obligations equivalent to those imposed under this service even after the employee, etc. who discloses personal information retires.
- We will use your personal information only to the extent necessary to use this service.
- Our company will not disclose personal information to third parties unless we have the customer's written or oral consent. However, if disclosure is made to our officers and employees, if we outsource work to a third party in providing this service, or if we transfer the business related to this service to a third party (business transfer, company split, or other form of ), when a court, administrative agency, self-regulatory organization, etc. requests disclosure of the information based on laws and regulations, when disclosing the information to a lawyer, certified public accountant, or other expert, or when there are unavoidable circumstances. This does not apply if there is.
- When this service is terminated or upon request from the customer, the Company will immediately return or dispose of all documents containing personal information in accordance with the customer's instructions.
- When storing personal information in an information system such as a host computer, personal computer, or cloud server, our company will take all of the following measures to prevent anyone other than the specified user from accessing the personal information. .
- Take measures to prevent unauthorized access, such as setting an ID and password.
- Limiting the employees, etc. who have been given the authority to access personal information, etc. and their authority to the extent necessary according to the content of the outsourced work.
- The websites of Goandup's partner companies and advertiser companies have separate privacy policies from this service. Our company does not assume any obligation or responsibility regarding these terms and activities.
- Our company and our customers have a duty of care as a prudent manager regarding confidential information (meaning information disclosed by the other party in connection with this service with the designation that it will be treated confidentially and information uploaded by the customer on this service). We will not provide, disclose, or leak the information to any third party without written or electromagnetic consent. However, this does not apply if disclosure, etc. is required based on laws and regulations.
- During the contract period for this service, if we cause damage to the customer while providing the service, we will compensate the customer for the direct and normal damage caused to the customer. However, this does not apply to damages caused by accidents that occur through no fault of our company.
Article 9 Prohibited acts
- When using this service, customers must not engage in the following acts.
- Acts that infringe on the copyright of others
- Acts that violate the privacy of others
- Acts that infringe on the honor, trust, etc. of others
- Criminal acts or acts that lead to criminal acts
- Acts of providing information that is contrary to the facts (of course, this also includes acts of impersonating another person).
- Acts that interfere with the operation of this service or damage its credibility
- Acts that suggest without permission to the Company that the Company recommends or sponsors the customer or the customer's services (including acts such as using the Company as the point of contact when sending bulk information).
- Acts of nuisance towards the Company or third parties (of course, this also includes acts of bulk sending large amounts of information to parties who have not consented or who are unlikely to consent).
- Acts of distributing harmful programs such as computer viruses to servers managed by this service.
- Acts of lending ID or password to a third party or otherwise using them illegally
- Acts of making false declarations to our company
- Acts of creating multiple accounts as free accounts, unless approved by the Company in writing or by electromagnetic method.
- Acts of using this service for a third party or other acts of using this service for purposes other than self-use
- Acts of considering, planning, or starting a service similar to or competing with this service while using this service and for three years after the end of use.
- Act of sharing and reusing one user's login ID and password among multiple people
- Other acts that violate or are likely to violate laws and regulations.
- Other acts that our company deems inappropriate.
- If a customer commits an act that falls under any of the items in the preceding paragraph, the Company shall suspend the use of the Service or take other measures deemed appropriate by the Company (hereinafter referred to as "suspension measures, etc.") against the customer. ). Please note that suspension of use, etc. may be taken based on our judgment, and we are not obligated to disclose the reasons for suspension of use, etc. Furthermore, the Company will not be held responsible for any damage caused by suspension of use, etc.
- If the Company determines that the customer's actions fall under any of the items in Paragraph 1 of this article regarding the use of this service, the Company may investigate the information provided by the customer. . In addition, if we learn that the customer's conduct falls under any of the items in the preceding paragraph, we may temporarily suspend the provision of all or part of this service without prior notice to the customer, or Information related to acts falling under each item of the preceding paragraph may be deleted. However, our company is not obligated to monitor your actions or the information (including data and content) you send.
- The Company shall not terminate the Service if the customer's use of the Service violates these Terms, if a third party makes a complaint or request to the Company regarding such use, and the Company deems it necessary, or for any other reason. If we determine that it is inappropriate for the operation of the service, we may take one or a combination of the following measures against the customer.
- To request that the person stop any act that violates the provisions of paragraph 1.
- Requesting discussions with a third party to resolve complaints, etc.
- Requesting customers to stop sending information
- Deleting all or part of the information sent by the customer or making it impossible for others to receive it without prior notice.
- Suspending all or part of the provision of this service
- To cancel the usage contract based on Article 12 (Cancellation of contract by our company)
- When using this service, the customer shall comply with lawful acquisition of landlord information, building information, and other personal information contained in the information sent or registered.
Article 10 Paid features
- After using paid features, you cannot cancel your use or refund your payment. However, this excludes cases where there is a separate provision on the application screen, etc.
- The Company accepts applications for use of the Service using the method specified by the Company (such as the application page for use of the Service), and after passing through the necessary examinations and procedures, approves the use at its own discretion using the method specified by the Company. It will be available for use. Unless otherwise agreed between the customer and the Company, usage fees will be incurred from the date the Company approves the use.
- If, as a result of the review, it is found that the customer falls under any of the following items, the application will not be approved or the granted usage qualifications will be revoked (hereinafter referred to as "usage qualification suspension measures"). ). The Company may not disclose the details of the examination to the customer. Customers may not object to our judgment, including whether or not to disclose information.
If the customer does not exist
- If the customer does not have contact information
- If you have been subject to cancellation from our company in the past due to violation of these Terms, etc.
- If there is a false statement in the registration information for the use of paid functions.
- If you have failed to pay the usage fee for the services provided by our company, including this service, at the time you used paid features, or if you have failed to pay in the past.
- If there is a risk that the customer will not be able to fulfill his or her obligations under these Terms.
- If the customer has performed or is likely to perform any act that falls under the prohibitions set forth in these Terms.
- If the customer is a minor, an adult ward, a person under curatorship, or a person receiving assistance, and the application procedure has not been completed by an adult guardian, or the customer has not obtained the consent of a legal representative at the time of application. If you haven't
- If the customer is an organized crime group, anti-government organization, or other anti-social organization according to socially accepted standards, or is a member or related party of such organization.
- If the Company determines that there is any other problem in the execution of the Company's business or technologically.
- The procedures for receiving and reviewing applications for service as stipulated in the preceding paragraph may be carried out by a subcontractor of the Company.
- Payment of usage fees, etc. (referring to initial costs, usage fees, temporary costs, consumption tax, etc. related to these) shall not be reduced depending on the customer's usage status of this service.
- Even if you are unable to use this service due to interruption, suspension, or other reasons of the provision of this service as stipulated in Article 13 (Changes, additions, and abolition of services), the customer shall not be liable for the period of use. You will be required to pay usage fees etc.
- Even if the usage contract is canceled after the customer applies for the use of this service but before the start of the service, the customer shall not be responsible for expenses such as usage fees, unless there is a reason attributable to the Company. If this occurs, you will be responsible for paying the full amount.
Article 11 Cancellation, etc. of this service for paid functions
- If a customer uses our services, regardless of the reason, in any of the following cases, refunds or cancellations are not possible and customers will be required to pay for paid features.
- If the use of the registrant's ID and password is suspended based on these Terms
- If your eligibility for use is suspended after you have successfully used a paid feature
- In the event that suspension of use, etc. as stipulated in Article 9, Paragraph 2 is taken.
- If our company cancels the contract with the customer based on the Civil Code or other laws or regulations or Article 12 (Cancellation of contract by our company)
- When a paid feature ends or the customer cancels this service
- In other cases where the provision of this service to the customer is suspended or discontinued based on these Terms.
- If you wish to cancel our service, please apply for cancellation according to the cancellation procedure specified by our company. The cancellation procedure will be completed once the cancellation request is received by our company, but as long as it is within the contract period, the full service fee will still need to be paid even if the cancellation is completed. However, this does not apply if a special agreement has been reached between you and us.
Article 12 Cancellation of contract by our company
- If a customer falls under one of the following items, the Company may suspend all or part of this service and affiliated services for the customer, or, without prior notice to the customer. You can cancel the contract with the customer.
- When you violate the terms of this agreement
- When a bill or check is dishonored
- When receiving a petition for seizure, provisional seizure, provisional disposition, other compulsory execution, delinquent disposition, or delinquent disposition.
- When a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings or special liquidation proceedings is filed.
- In addition to the previous three items, when a significant change occurs in the customer's credit status.
- When disbanded or business ceases
- When receiving a warning or recommendation from an administrative authority regarding business methods, etc., or an administrative disposition
- When the customer views, changes or destroys data stored on the Company's computer without permission from the Company, or when the Company determines that there is a risk of such happening.
- When the Company determines that the customer's use of the Service is contrary to public order and morals or is inappropriate for the customer.
- When a person engages in any of the following acts, either by himself or by using a third party:
- violent demands
- Unreasonable demands beyond legal responsibility
- Acts that use threatening behavior or violence regarding transactions
- Acts of spreading rumors, using fraudulent means or force to damage the credibility of the other party, or disrupting the other party's business.
- Other acts similar to any of the above
- Regardless of the items in the preceding paragraph, if the Company deems it difficult to continue using the Service, the Company may cancel the contract with the Customer based on these Terms.
- If the customer is using a paid function, if the Company cancels the contract with the customer pursuant to the provisions of the preceding two paragraphs, regardless of the reason, the fee for the paid function until the expiration of the contract period shall be refunded. Payment is required.
Article 13 Changes, additions, and abolition of services
- In addition to the provisions of the preceding article, our company may change, add to, or suspend the content of this service and the content of affiliated services for any reason without prior notice to the customer.
- Our company may cancel or abolish all or part of this service and affiliated services after notifying the customer. However, if there is an urgent need to cancel or abolish all or part of this service, we may do so without prior notice.
- The Company shall not be liable for any damage caused to the Customer due to the measures taken by the Company pursuant to this article.
Article 14 Handling upon termination of contract
Regardless of the reason for termination, such as cancellation of the Service by the registrant, cancellation of the contract by the Company, or discontinuation of the Service, if the contract for use of the Service between the customer and the Company is terminated, the customer shall You will lose all rights and privileges related to your account, and we will not be responsible for any damage caused to you as a result of this.
Article 15 Intellectual property rights
- Intellectual property rights related to this service belong to our company and third parties who are legitimate rights holders. This usage agreement does not transfer intellectual property rights to the customer. Customers are granted only the right to use this service.
- The customer grants the Company permission to post the customer's track record regarding the use of the Service and the customer's logo on the Company's website, sales materials, press releases, etc. Please note that this permission remains valid even after the use of this service ends, and cannot be canceled unless a special agreement is reached.
Article 16 Prohibition of transfer of rights and obligations
- Customers shall not transfer, inherit, pledge, or otherwise dispose of any rights or obligations under these Terms to a third party without prior consent from the Company.
- Our company may transfer the business related to this service to a third party (regardless of business transfer, company split, or any other form) by notifying the customer in advance. In addition, in the event that such transfer occurs, the Company may transfer the Company's status under this Agreement, the rights and obligations based on this Agreement, accumulated information, and other customer information to the transferee. This is possible, and the customer must consent to such transfer in advance in this section.
Article 17 Delegation
Our company may outsource some or all of the work related to this service to a third party.
Article 18 Disclaimer
- Customers shall use this Service at their own risk, and shall be fully responsible for all actions taken in this Service and their results. If the Company incurs damage as a result of the Customer's use of the Service, the Customer shall compensate for such damage (including reasonable attorney's fees).
- The customer shall use the third party information acquired using this service, whether paid or free of charge, under the customer's responsibility, and shall not be responsible for the completeness, accuracy, certainty, and validity of the information. We do not take any responsibility for safety, etc.
- Our company may add or change the design or functionality of this service or services affiliated with this service, or update the system, etc., without prior notice to the customer.
- Our company will not be held responsible for any damage caused to customers due to changes, suspension, or termination of this service or services affiliated with this service.
- The Company shall not be held responsible for any damage caused by changes, discontinuation, suspension, malfunction, etc. of this Service or services affiliated with this Service.
- The customer agrees in advance that the use of this service or any service affiliated with this service may be suspended for a certain period of time due to the following circumstances, and the customer shall not be liable for any damage caused by the suspension of this service or any service affiliated with this service. You will not claim any compensation etc. from us.
- Suspension for inspection, repair, repair, etc. of servers, software, etc. of this service or services affiliated with this service
- Outages due to accidents involving computers, communication lines, etc.
- Other suspensions due to unavoidable circumstances due to force majeure such as natural disasters.
- If the telecommunications carrier is unable to provide this service due to discontinuing the provision of telecommunications services.
- All information provided by customers through this service shall be managed and disseminated under the customer's responsibility, and the Company shall not be responsible for its completeness, accuracy, certainty, effectiveness, safety, etc. We do not take any responsibility. Furthermore, we do not assume any responsibility for the information on sites linked from this service or any problems that may arise from their contents.
- Our company does not guarantee the completeness, accuracy, reliability, effectiveness, safety, etc. of the information you obtain through this service or services affiliated with this service. Furthermore, we are not responsible for any damages caused to customers as a result.
- Our company assumes no responsibility for, and will not provide compensation for, any damage caused to customers, troubles between customers, or other matters caused by services provided by our company or services affiliated with this service.
- If the Company is liable to the customer or a third party due to reasons such as the disclaimer stipulated in these Terms not being applied, the amount of damages based on such liability, unless the Company is intentionally or grossly negligent. The Company and the customer agree in advance that, regardless of the number of cases, in any case, the upper limit shall be the fee paid by the customer to the Company for using this service.
Article 19 Elimination of anti-social forces such as organized crime groups
- When using this service, customers may identify themselves as a member of an organized crime group, a member of an organized crime group, a company affiliated with an organized crime group, a corporate racketeer, a social activist, a political activist, a special intelligence violent group, or other anti-social forces (hereinafter referred to as "organized crime group, etc. We hereby declare that we do not belong to or fall under the category of "Social Forces" and that we are not involved with organized crime groups or other anti-social forces, and we confirm that we will not belong to, fall under, or be involved in the future.
- If the Company determines that the customer belongs to, falls under, or is involved in an organized crime group or other anti-social forces, the Company may take measures to suspend or cancel the use of the Services without prior notice. there is.
- The Company shall not bear any obligation or responsibility for any damage caused by suspension of use or cancellation due to customer's violation of this article.
Article 20 Governing law and competent court
This agreement shall be interpreted in accordance with Japanese law, and in the event that a lawsuit regarding this agreement arises, the Tokyo District Court or Tokyo Summary Court shall be the exclusive jurisdiction court of first instance, depending on the amount of the lawsuit. .
Enacted and enforced on September 1, 2023