Website and/or Application Terms of Use

Agreement to Terms of Use

Before using " Website and/or Application," which is the Website and/or Application of ITO Software Design Co. Ltd., (hereinafter referred to as "our company"), carefully read and agree to the terms of use specified below. Please refrain from the use if you cannot agree to the terms. We assume that, by using and/or buying the Website and/or Application, you have agreed to all of the terms and conditions below. If separate terms of use are specified in each area of the Website and/or Application, carefully read and agree to those terms before using each area.

Scope of Terms of Use

  1. These terms of use (hereinafter referred to as "Terms") apply to the use of the information service using our company Website and/or application and various Internet services provided by our company (hereinafter collectively referred to as "Service").
  2. Various provisions our company may specify separately from the Terms will each constitute a part of the Terms.
  3. If any provision in the preceding paragraph is inconsistent with the corresponding provision of the Terms, the provision of the Terms will prevail.

Amendment of Terms of Use

  1. our company may amend the Terms without obtaining Customers' agreement. in this case, the terms of use of the Service shall conform to the latest version of the Terms after change; accordingly, please check the details of the latest terms.
  2. The amended Terms shall come into effect the moment they are displayed on our company Website and/or Application, unless otherwise specified by our company.

User's Obligations/Responsibilities

When using the Service, Customers must not perform any of the following acts of;

  1. actually or potentially infringing upon any right of our company or its affiliate, etc.
  2. actually or potentially infringing upon any property of our company or its affiliate, etc.
  3. actually or potentially inflicting any loss on our company or its affiliate, etc., in addition to what is classified under (1) or (2) above.
  4. illegally using any ID or password on our company Website and/or Application.
  5. illegally using any third-party ID or password.
  6. transferring one's ID or password to a third party or allowing its use by a third party.
  7. using or providing any computer virus or other harmful program through or in connection with the Service.
  8. modifying and/or changing program in connection with the service without any our consent.
  9. using the Service through illegal use of a credit card.
  10. submitting any false or unreasonable request for reservation, etc.
  11. completing or submitting a reservation request on behalf of other person without the person's approval.
  12. actually or potentially interfering with the operation of the Service in an unreasonable manner, thereby causing disadvantage to our company.
  13. infringing upon any intellectual property right such as copyright, or any other right, of our company or a third party.
  14. slandering/defaming or tarnishing the honor or credibility of our company or a third party.
  15. interfering with the use of the Service by other user.
  16. actually or potentially infringing upon any property, privacy, portrait right or publicity right of our company or a third party.
  17. actually or potentially violating the public order and moral.
  18. actually or potentially violating the law.
  19. A criminal act, our company that leads to a criminal act, or could potentially lead to a criminal act
  20. Other acts deemed inappropriate by our company.

In addition to the above items, when using applications provided through App Store and/or Volume Purchase Program(hereinafter referred to as “VPP”) by Apple Inc. (hereinafter referred to as “Apple”), you need to carefully read and agree to “Terms of use for the iOS applications” separately.

Handling of Problems Attributable to the User

  1. If our company or its affiliate incurs any loss as a result of our company against the Terms herein or fraudulent or illegal act on the part of the customer, the customer may be asked to compensate for the loss.
  2. Our company assumes no responsibility for any conflict arising between the customer and a third party, or loss inflicted by the customer on a third party, as it will be resolved at the responsibility and expense of the customer.

Indemnity of the Provider

  1. Our company strives to provide reliable information to the users, but our company does not guarantee the quality of service in terms of compliance, integrity, accuracy, security, legality, recency and any other aspect of information.
  2. All users are asked to use our company Website and/or Application at their own responsibility.
  3. Our company assumes no responsibility for any loss arising out or of in connection with use or inability to use our company Website and/or Application, except when the loss is attributable to an intentional act or gross negligence on the part of our company.
  4. The customer agrees that the legal liability including defect warranty pertaining to any service, product, etc., provided by our company　affiliate, etc., under the Service (hereinafter referred to "Service, Etc.") belongs to the affiliate, etc., that provided the service, etc.
  5. Our company assumes no responsibility for any and all losses resulting from any software or hardware accident arising out of or in connection with use of our company Website and/or Application, failure of the communication environment, trouble arising between the customer and a third party, or any other accident.

However, when using applications provided through App Store and/or VPP by Apple, you need to carefully read and agree to “Terms of use for the iOS applications” separately.

Shutoff/Temporary Suspension/Change of/to the Provider's Site

  1. Our company may end any part of the Service without giving a prior notice to the customer.
  2. Our company assumes no responsibility for any disadvantage or loss suffered by the customer in connection with the change, etc., in the preceding paragraph.

  3. If any of the following reasons exists, our company may temporarily suspend or shut off the Service, in part or in whole, without giving a prior notice to the customer:

    1. To conduct periodic or emergency maintenance/inspection or update of any equipment or system used to provide each service.
    2. Providing each service is difficult due to fire, power outage, act of God or any other force majeure.
    3. Service by class 1 telecommunications carrier is not provided.
    4. Our company has otherwise determined that each service must be temporarily suspended or shut off, or providing each service is difficult, for operational or technical reasons.

  4. Our company assumes no responsibility for any disadvantage or loss suffered by the user or a third party as a result of temporary suspension, shutoff, etc., of each service.

Handling of User Information

Our company handles the customer's personal data based on the Privacy Policy presented separately, and the customer is asked to carefully read and agree to this policy before using the Service.

Intellectual Property Rights (Copyrights, Trademarks, Etc.)

  1. All copyrighted works, images, characters, marks and other information are properties in or to which our company or their respective providers have a copyright or other intellectual property right or other right of use or any other right. Downloading, printing or otherwise reproducing our company Website and/or Application is permitted only for private use by an individual or at home. Do not use (copy, upload, feature, quote, etc.) any of the information and programs within our company Website and/or Application on other Website and/or Applications or in other printed matters. Also, do not use without permission any of the contents featured on our company Website and/or Application beyond the extent permitted by the Copyright Act.
  2. All rights to or in the trademarks and service marks displayed on our company Website and/or Application belong to our company or other rights holders who authorized our company to use these marks. Do not use these marks without permission of their respective rights holders.

Individual Terms on How to Use Each Service

How to make reservations or buy applications, and to change or cancel reservations or buying under the Service as well as other procedures to use the Service are specified separately by our company and its affiliates, etc., in the form of individual terms, etc.

Governing Laws, Conflict Resolution and Jurisdiction Court

Conclusion, effectiveness, performance and interpretation of any agreement pertaining to the Terms and Use of the Service are governed by the laws of Japan.

  1. If a conflict arises between our company or its affiliate, etc., and the customer in connection with any agreement pertaining to the Terms or Use of the Service, the parties will discuss in good faith and strive to resolve the conflict.
  2. It is agreed that if a conflict arises with our company regarding the Terms or Use of the Service, the Akita District Court will serve as the exclusive jurisdiction court.