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ArielAirOne Enterprise Trial Service Terms of Service

Article 1 (Application of Terms of Service)

  1. Works Applications, Inc. ("Works Applications", "we", "us", "our", "our") hereby agrees to the terms and conditions set forth in this Terms of Use (hereinafter referred to as the "Terms"). (hereinafter referred to as the "Company") provides this Trial Service (defined in Article 2) based on these Terms of Use (hereinafter referred to as the "Terms"). (defined in Article 2) based on these Terms of Use (hereinafter referred to as the "Terms").
  2. The Trial Service may be subject to special provisions (hereinafter referred to as "Special Provisions") which are separately stipulated and notified by the Company. The Special Terms and Conditions (hereinafter referred to as "Special Terms and Conditions") may apply to the Trial Service. In such cases, the Special Regulations shall take precedence over the Terms and Conditions with respect to the matters specified in the Special Regulations, and the Terms and Conditions shall apply with respect to matters not specified in the Special Regulations.
  3. The Trial Service is governed by these Terms and Conditions (including the Special Terms and Conditions. The Trial Service shall be available only to those who have agreed to the Terms of Use (including the Special Terms and Conditions). The Subscriber (defined in Article 2) may use the Trial Service only if he/she agrees to the Terms of Service (including the Special Terms and Conditions). The Subscriber (defined in Article 2) shall comply with the Terms of Use in using the Trial Service.
  4. If there is a separate contract, memorandum, or other agreement between the Company and the Subscriber regarding the Trial Service, the provisions of such contract, memorandum, or other agreement shall take precedence over the Terms and Conditions.

Article 2 (Definition of Terms)

The following terms used in these Terms and Conditions shall have the meanings set forth below.

  1. Subscriber: A legal entity or organization that has entered into the Trial Usage Agreement with the Company in accordance with these Terms and Conditions.
  2. Prospective Subscriber: A legal entity or organization that wishes to use the Trial Service.
  3. User ID: A string of characters used to identify the Subscriber and other parties when using the Trial Service.
  4. Password: means a string of characters used in combination with the user ID to identify the Subscriber and other parties when using the Trial Service.
  5. Subscriber Registration Information: means the application information and other information that a prospective Subscriber enters and registers on the service application site in order to conclude this Trial Service Agreement, and subsequently adds or changes as necessary.
  6. Subscriber Stored Information: means information recorded or stored in the Trial Service Environment (defined in Article 8.2) by a Subscriber using the Trial Service. Subscriber Stored Information: means information recorded or stored in the Trial Service Environment (defined in Article 8.2) by a Subscriber using the Trial Service. However, Subscriber registration information is excluded.
  7. Subscriber-related information: Information that is recorded or stored in the Trial Service Environment in connection with or in the course of the Subscriber's use of the Trial Service, including the Subscriber's usage history of the Trial Service and its contents, communication history between the Subscriber and SOFTBANK TELECOM concerning the Trial Service and its contents, and any other information that is unique to the Subscriber. (2) "Trial Service" means all information, including Subscriber-specific information, that is recorded or stored in the Trial Service environment in the course of the Trial Service. However, subscriber registration information and subscriber saved information are excluded.
  8. Subscriber information: Subscriber registration information, Subscriber stored information, and Subscriber related information.
  9. Service Application Site: means the Company's website where applications for use of the Trial Service are accepted.
  10. AAE: means the packaged software "ArielAirOne Enterprise" manufactured by SOFTBANK TELECOM.
  11. Trial Service: means a service that provides limited functionality of AAE over a network, for which a Trial Usage Agreement has been executed with Subscriber in accordance with Article 5.1.
  12. Trial Subscriber Agreement: means the agreement formed in accordance with Article 5.1.
  13. Damages: means, collectively, damages, losses and expenses (including lost profits and consequential damages and attorneys' fees to the extent reasonable) arising out of or in connection with an event. (2) "Damages, etc." means collectively the following.

Article 3 (Notices)

  1. (2) The Company may notify the Subscriber of necessary matters from time to time by sending e-mail or, if this is difficult, by any other method the Company deems appropriate.
  2. The notification in the preceding paragraph shall become effective at the time when the Company sends the notification if it is sent by e-mail or in writing.

Article 4 (Modification of these Terms of Use)

  1. The Company may add, delete, or change the contents of this Agreement without the Subscriber's approval. When adding, deleting, or changing the contents of this Agreement, the Company shall notify the Subscriber of the contents after such addition, deletion, or change with a reasonable notice period to be determined by the Company at its own discretion, and such addition, deletion, or change shall take effect at the expiration of such notice period.
  2. Notwithstanding the provisions of the preceding paragraph, in the event of an emergency, the Company may add, delete, or modify the contents of this Agreement by notice to the Subscriber without prior notice as specified in the preceding paragraph or by specifying a notice period shorter than the period specified in the preceding paragraph. In this case, such addition, deletion, or modification shall become effective at the time of such notice or at the time specified in such notice.
  3. If the Subscriber does not take procedures for cancellation of this Trial Service Agreement in accordance with Article 14 after the notice specified in the preceding two paragraphs is given, within the prescribed notice period for the notice specified in paragraph 1, or within three days after the date of the notice specified in paragraph 2, respectively, the Subscriber shall be liable for any addition, deletion, or modification to the Trial Service Agreement after the notice is given in accordance with the preceding two paragraphs. If you do not terminate this Trial Agreement in accordance with Article 14 within three (3) days from the date of such notice, you shall be deemed to have agreed to the terms of this Agreement after any addition, deletion, or modification as notified in accordance with the preceding two paragraphs.
  4. Notwithstanding the provisions of Paragraph 1 and Paragraph 2, SBM may, at its own discretion, add, delete, or change the contents of this Agreement at any time if such addition, deletion, or change is minor or does not cause any particular disadvantage to the subscriber. In this case, such additions, deletions, or changes shall become effective immediately upon notification to the Subscriber.
  5. Notwithstanding the provisions of the preceding paragraphs, any addition, deletion, or modification of the Terms and Conditions that restricts the rights or aggravates the obligations of the Subscriber in comparison with the application of provisions of the Civil Code, Commercial Code, or other laws not related to public order, and that unilaterally harms the interests of the Subscriber in violation of the basic principles stipulated in Article 1, Paragraph 2 of the Civil Code shall be deemed to be a modification of the Terms and Conditions, This shall become effective only with the written consent of the subscriber.
  6. Even if the Subscriber suffers damages or other losses in connection with additions, deletions, or changes to the Terms of Use based on this Article, the Company shall not bear any responsibility to the Subscriber for such damages or other losses.

Article 5 (Formation of this Trial Usage Agreement)

  1. The Trial Usage Contract shall be formed when a prospective subscriber applies for use of the Trial Service by sending the Company's prescribed information through the online application function provided on the service application site, and when the Company notifies the prospective subscriber of its acceptance of the application.
  2. The Company may request the prospective subscriber who has made an application based on the preceding paragraph to provide information necessary for identification and other purposes, and the prospective subscriber shall provide the Company with such information in accordance with such request. In addition, the Company may refuse to accept the application of a prospective subscriber who has made an application based on the preceding paragraph without disclosing the reason, and the prospective subscriber may not raise any objection to the Company's refusal to accept the application.
  3. When notifying the Company of its acceptance of an application for use of the Trial Service in accordance with Paragraph 1, the Company shall specify the date of commencement of use of the Trial Service (hereinafter referred to as the "Trial Service Commencement Date"), and shall notify the prospective subscriber of the date of acceptance of the Trial Service Commencement Date. The notice shall clearly indicate the date of the start of use of the Trial Service (hereinafter referred to as the "Trial Service Start Date").
  4. If the application under Paragraph 1 is made on behalf of a corporation or other organization (hereinafter referred to as "Corporation, etc.") In the event that the application under Paragraph 1 is made on behalf of a corporation or other organization (hereinafter referred to as "Corporation, etc."), the individual making such application shall receive legal and valid authorization from such Corporation, etc. to make such application on behalf of or on behalf of such Corporation, etc.
  5. Even if the prospective subscriber suffers damages due to the fact that the application made by the prospective subscriber in accordance with Paragraph 1 did not reach the Company due to a malfunction in the communications environment or other reasons, the Company shall not be liable to the prospective subscriber in any way for such damages.
  6. After the Trial Usage Contract has been concluded, the Subscriber may not cancel the application for the Trial Usage Contract as stipulated in Paragraph 1, nor may the Subscriber request changes to the terms and conditions of the Trial Usage Contract. However, if the Company, after consulting with the Subscriber, determines that there is a reasonable reason, the Company may approve such cancellation or change of conditions.

Article 6 (Purpose, Scope, etc. of the Trial Service)

  1. The Company shall notify the Subscriber of the user ID, password, and other information necessary to start using the Trial Service in a manner determined at the discretion of the Company by the date of commencement of use of the Trial Service.
  2. The service area of the Trial Service provided by the Company to the Subscriber shall be limited to Japan.
  3. The Trial Service shall be provided only for the purpose of confirming the operability of AAE by the Subscriber (hereinafter referred to as "the Purpose"). The Trial Service is provided only for the purpose of use by the Subscriber to confirm the operation of AAE ("Purpose"), and may not be used by the Subscriber for its own business, resale, provision to a third party, research and development, load testing, or any other purpose other than the Purpose.
  4. The functions of AAE that the Subscriber may operate in the Trial Service provided by the Company to the Subscriber shall be limited to the extent determined by the Company in its sole discretion.
  5. The Company may sub-consign all or part of the work related to the Trial Service to a third party at the Company's responsibility.

Article 7 (Cloud Computing Services)

In providing this Trial Service, the cloud computing service provided by Oracle Corporation Japan ("Oracle") will be used. (hereinafter referred to as "Oracle") will be used to provide the Trial Service. In using the Trial Service, the Subscriber shall read the "ORACLE CLOUD SERVICES AGREEMENT" (if the name or content of the document has been changed, the name and content shall be in accordance with the name and content after such change.
The latest version can be found at http://www.oracle.com/corporate/contracts/cloud-services/contracts.html.) The Subscriber agrees to abide by the terms and conditions of this Trial Agreement (hereinafter referred to as the "Trial Agreement"), including but not limited to confidentiality, limitations on use of the Service, the Company's right to audit the Subscriber's use of the Service, and suspension or termination of use of the Service by the Subscriber.

Article 8 (Hours of Provision of the Trial Service, Temporary Suspension)

  1. The Trial Service shall be provided during the hours of 10:00 a.m. to 6:00 p.m. on the Company's business days.
  2. Notwithstanding the provisions of the preceding paragraph, for the smooth operation of the Trial Service, the Company shall perform planned maintenance (hereinafter referred to as "Maintenance") on the server environment used by the Company to provide the Trial Service (hereinafter referred to as "Trial Service Environment"). The Company may perform planned maintenance ("Planned Maintenance") on the server environment used by the Company to provide the Trial Service ("Trial Service Environment") for the smooth operation of the Trial Service. The Company may perform planned maintenance ("Planned Maintenance") on the server environment for providing the Trial Service ("Trial Service Environment"). When conducting Planned Maintenance, the Company may temporarily suspend provision of the Trial Service, if necessary, after notifying the subscriber to that effect in advance.
  3. Notwithstanding the provisions of Paragraph 1, SBM may temporarily suspend provision of the Trial Service without prior notice to the Subscriber in any of the following cases
    1. When urgent maintenance is performed on the Trial Service environment.
    2. When the services of telecommunications carriers or Oracle are not provided.
    3. When it becomes difficult to provide the Trial Service normally due to a significant load or failure of the Trial Service Environment.
    4. When the Company determines that the provision of the Trial Service may cause damage to the Subscriber or other third parties due to data falsification, hacking, or other reasons with respect to the Trial Service environment.
    5. If provision of the Trial Service becomes difficult due to war, conflict, upheaval, riot, natural disaster, spread of infectious disease, or other force majeure, or measures taken in response thereto
    6. (ii) When provision of the Trial Service becomes difficult due to fire, power outage, other unforeseen accidents, or measures taken in response thereto.
    7. In any other cases deemed necessary by the Company in accordance with the preceding items.
  4. Even if the Company suspends provision of the Trial Service in accordance with the provisions of Paragraph 2 or Paragraph 3, the Subscriber may not make any objection to such suspension. The Company shall not be liable to the Subscriber for any damages (including, but not limited to, damages caused by or related to adverse effects of the interruption on data, software, or hardware other than software used to provide the Trial Service) due to such interruption. The same shall apply hereinafter). (hereinafter the same shall apply), the Company shall not be liable to the Subscriber for any such damages.

Article 9 (Subscriber's Obligation to Cooperate)

  1. The Subscriber shall provide the Company with information required by the Company for the provision of the Trial Service when requested by the Company.
  2. In using the Trial Service, the Subscriber shall designate a person (hereinafter referred to as "Contact Person") who will serve as a contact person with the Company. The Subscriber shall designate a contact person (hereinafter referred to as the "Contact Person") and notify the Company of the contact information in the manner prescribed by the Company. In the event of a change in the contact person, the Subscriber shall promptly notify the Company of the contact information of the new contact person.
  3. All communications from the Subscriber to the Company concerning the use of the Trial Service shall be made through the person in charge.

Article 10 (Principle of self-responsibility)

  1. Provision of the Trial Service to the Subscriber is performed when the Subscriber connects to the Trial Service environment via the network. The Subscriber shall use the telecommunication equipment, telecommunication lines (including the conclusion of a telephone usage contract, mobile terminal usage contract, and subscription to an Internet service provider), software, and other computer environment (hereinafter referred to as the "Trial Service Environment") necessary to connect to the Trial Service Environment and use the Trial Service. (hereinafter referred to as the "Client Environment"). (hereinafter referred to as the "Client Environment") at your own responsibility and expense.
  2. The Company shall not be liable to the Subscriber for any damage caused to the Subscriber due to a malfunction in the client environment caused by or in connection with the Subscriber's use of the Trial Service, such as a malfunction in the installation of software necessary for use of the Trial Service in the client environment. The Subscriber shall not be liable to the Company in any way for such damages.
  3. The Subscriber shall manage the Subscriber's registration information, user ID, and password necessary to use the Trial Service at his/her own responsibility and expense. The Subscriber shall not disclose or allow a third party to use said Subscriber registration information, user ID, and password, regardless of the method.
  4. Use of the Trial Service made with a user ID and password shall be deemed to be made by the Subscriber who has been given said user ID and password. The Company shall not be liable to the Subscriber for any loss or damage incurred by the Subscriber as a result of the use of the user ID or password by a third party other than the Subscriber, regardless of whether such use was intentional or negligent on the part of the Subscriber.
  5. If there is any change in the Subscriber's registration information, the Subscriber shall change said Subscriber's registration information without delay in accordance with the method prescribed by the Company. Even if the Company's notice to the Subscriber fails to reach the Subscriber due to the Subscriber's failure to make such a change, the notice will become effective at the time specified in Article 3, Paragraph 2. Even if the Subscriber suffers damages due to the Subscriber's failure to make the changes described in the preceding paragraph, the Company shall not bear any responsibility to the Subscriber for such damages.
  6. The Subscriber shall investigate at his/her own responsibility and expense whether or not the use of the Trial Service violates laws and regulations applicable to the Subscriber or the rules of the industry organization to which the Subscriber belongs.
  7. The Subscriber shall bear full responsibility for the results of his/her use of the Trial Service, and shall not be liable for any damages to a third party arising from or in connection with the Subscriber's use of the Trial Service or other acts related to this Trial Service Agreement (including cases in which the Subscriber has violated these Terms of Use and has caused damages to a third party), (This includes cases in which the Subscriber causes damage to a third party as a result of the Subscriber's violation of these Terms of Use.) (2) If the Subscriber receives a claim, warning, inquiry, complaint, or other notification from a third party, the Subscriber shall handle and resolve the claim, warning, inquiry, complaint, or other notification at the Subscriber's own responsibility and expense. In addition, if the Company receives a claim, warning, inquiry, complaint, or other notice from a third party due to or in connection with the Subscriber's use of the Trial Service or other acts related to the Trial Usage Agreement, the Subscriber shall compensate the Company for any damages caused to the Company due to or in connection with such acts. The Subscriber shall indemnify SOFTBANK TELECOM for any damages, etc. arising from or in connection with such acts.

Article 11 (Backup of Subscriber's Stored Information)

  1. The Subscriber shall, at its own responsibility and expense, save the same data as a backup for Subscriber-Saved Information.
  2. When this Trial Service Agreement is terminated, the Subscriber shall download and retrieve the Subscriber-Saved Information at his/her own responsibility and expense before the termination of the Trial Service Agreement. The Subscriber may not refer to, view, operate, or retrieve the Subscriber-Saved Information after the termination of the relevant Usage Contract.
  3. The Subscriber shall not record or store personal information or confidential information of the Subscriber that must not be provided or disclosed to a third party in the trial service environment as Subscriber-Saved Information.

Article 12 (Prohibited Matters)

  1. With regard to the use of the Trial Service, the Subscriber shall not engage in any of the following acts, nor shall the Subscriber be involved in such acts by a third party. If the Subscriber commits such acts or is involved in such acts by a third party, the Subscriber shall indemnify the Company for any damages, etc. incurred by the Company or a third party arising from or in connection with such acts.
    1. Acts that interfere with the operation of the Trial Service or impede the provision of the Trial Service, or acts that have the potential to do so.
    2. Acts that infringe or may infringe intellectual property rights, privacy, or other rights of the Company or other third parties.
    3. Acts that violate or may violate laws and regulations or offend public order and morals
    4. Acts that violate the rules of the Company or any industry organization to which the Subscriber belongs.
    5. Acts of transmitting information containing computer viruses or other harmful computer programs.
    6. Acts of accessing, using, acquiring, or falsifying systems or information in the Trial Service environment that the Subscriber is not authorized to access in relation to the Trial Service.
    7. (4) Connecting to the Trial Service Environment by using a client environment that does not take reasonably necessary measures to prevent adverse effects on the information security of the Trial Service Environment.
    8. Transmitting data through the Trial Service that exceeds a certain data volume specified by the Company.
    9. Using the Trial Service for purposes other than the Trial Service.
    10. Other acts that the Company deems inappropriate.
  2. If the Company determines that the Subscriber has committed any of the acts listed in the preceding items, the Company may, without prior notice to the Subscriber, suspend provision of the Trial Service, delete all or part of the Subscriber's stored information, or take any other action that the Company deems appropriate.

Article 13 (Provision of the Trial Service)

  1. The Company shall provide the Trial Service to the Subscriber who has concluded the Trial Usage Agreement in accordance with the Terms and Conditions and the Trial Usage Agreement.
  2. The contents of the Trial Service shall be as set forth in Article 6, Paragraph 4. Details of the Trial Service not specified in Article 6.4 shall be determined by the Company at its discretion.
  3. There shall be no charge for the Trial Service.
  4. The contract term of this Trial Usage Agreement shall be one (1) month from the date of commencement of use of the Trial Service for the Trial Service.
  5. The subscriber who has concluded the Trial Usage Contract may not apply for the Trial Usage Contract again. However, if the Company separately approves, the Subscriber may apply again.
  6. (2) The Company shall not be liable to the Subscriber for any compensation or indemnification for damages in connection with the Trial Service or the Trial Usage Contract, regardless of the type of damages incurred, including default liability, tort liability, or any other legal cause of claim, direct and actual damages, indirect damages, lost profits, or other damages incurred, or the existence of gross negligence due to a breach of the contract by the Company. (2) The Company shall not be liable to the Subscriber for any damages or compensation in connection with the Trial Service or the Trial Usage Agreement. However, if such exemption from liability is not effective according to the applicable laws and regulations, the Company's liability to the Subscriber for the Trial Service or this Trial Usage Agreement shall be as follows.
    1. Even if the Subscriber suffers any damage or loss from the Trial Service, the Company shall not be liable to the Subscriber for such damage or loss, except in the case of willful misconduct or gross negligence on the part of the Company.
    2. In the event that SBM is liable to the Subscriber for damages or compensation in connection with the Trial Service or the Trial Usage Contract, regardless of default liability, tort liability, or any other legal cause of claim, the scope of such liability shall be limited to ordinary damages directly and actually incurred by the Subscriber, and shall be limited to the amount of 1,000 yen, The maximum amount of such liability shall be limited to ¥1,000. In addition, lost opportunity, business interruption, and other similar indirect damages and lost profits incurred by the Subscriber or a third party shall not be included in the "ordinary damages directly and actually incurred" stipulated in this paragraph, even if the Company is aware of the possibility of such damages or is informed of such damages by the Subscriber in advance.
    3. Notwithstanding the provisions of the preceding two items, if the Subscriber or a third party suffers damages due to reasons attributable to Oracle or other subcontractors of the Company in the course of the performance of the Company's obligation to provide the Trial Service under the Trial Service Agreement, the Company shall indemnify the Subscriber for such damages only when the Company is willful or grossly negligent in the selection of such subcontractors. The Company shall compensate the Subscriber for such damage only if the Company's selection of the subcontractor was intentional or grossly negligent. The provisions regarding the limitation of liability of the Company set forth in the preceding item shall also apply to the liability based on this item.

Article 14 (Mid-term Termination by Subscriber)

The Subscriber may cancel the Trial Usage Agreement and terminate the Trial Usage Agreement in accordance with the provisions of this Article at any time after the Trial Usage Agreement is established.
When terminating the Trial Usage Agreement, the Subscriber shall apply to the Company for termination in the manner prescribed by the Company at least 3 days prior to the desired date of termination.
The Trial Usage Contract shall terminate on the date three days after the application for cancellation reaches the Company from the Subscriber, or on the date the Subscriber wishes to terminate the contract, whichever is later.

Article 15 (Suspension of Use, Cancellation, etc. by the Company)

  1. If it is found that the Subscriber falls under any one of the following items, the Company may immediately suspend the provision of all or part of the Trial Service to the Subscriber or cancel all or part of the Trial Service Agreement without prior notice or demand to the Subscriber. The Subscriber may not make any objection to these actions.
    1. If the Subscriber violates this Agreement and the Company does not correct the violation within 10 business days after the Company's notice to the Subscriber to correct the violation.
    2. When the Company reasonably judges that it is necessary for the operation and management of this Trial Service
    3. When it is found that there is a false fact in the Subscriber's registration information
    4. If the Subscriber interferes with the operation of the Trial Service in any way.
    5. (2) When the Subscriber stops making payments or becomes insolvent, or files a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or any other similar proceedings.
    6. (iii) When a bill or check drawn or accepted by the Bank itself is dishonored, or when a suspension of transactions by a clearing house or other similar measure is imposed on the Bank
    7. When a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or auction has been filed
    8. In the event of delinquent payment of taxes and public dues
    9. In the case of being subjected to a disposition for delinquent payment of taxes and public dues. The same shall apply hereinafter) (iii) If the Company determines that the applicant is an anti-social force, etc. (meaning organized crime groups, organized crime groups, right-wing groups, anti-social forces, or other similar persons; the same shall apply hereinafter), or is involved in any interaction or involvement with anti-social forces, etc. such as cooperation or involvement in the maintenance, operation or management of anti-social forces, etc. through financial provision or otherwise
    10. (4) If the Company determines that there are other reasons similar to the preceding items.
  2. Even if this Trial Usage Agreement is terminated in accordance with the preceding paragraph, the Subscriber shall not be released from any obligation (including but not limited to the obligation to compensate for damages) to the Company or any third party based on this Trial Usage Agreement. (2) The Company shall not be released from any obligation (including but not limited to the obligation to compensate for damages) to the Company or any third party under the Trial Usage Agreement even if the Trial Usage Agreement is terminated pursuant to Paragraph 1.
  3. Even if the Company incurs damages to the Subscriber or other third parties due to or in connection with the suspension of the provision of all or part of the Trial Service to the Subscriber based on Paragraph 1, or the cancellation of all or part of this Agreement or the Trial Usage Agreement, the Company shall not be liable to the Subscriber for such damages in any way. The Company shall not be liable to the Subscriber for such damages.

Article 16 (Discontinuation of the Trial Service by the Company)

  1. The Company may discontinue providing all or part of the Trial Service. In such case, the Company shall notify the Subscriber to that effect with a reasonable notice period to be determined by the Company at its own discretion.
  2. In the event that the notice provided for in the preceding paragraph is given, the Trial Service Agreement shall terminate at the expiration of such advance notice period.
  3. Even if the Subscriber suffers damage or other loss due to the discontinuation of the Trial Service as specified in the preceding paragraph, the Company shall not be liable to the Subscriber in any way for such damage or other loss.

Article 17 (Handling of Confidential Information by the Company)

  1. The Subscriber shall
    1. Information provided to the Subscriber by the Company with a designation or notice that the information is confidential.
    2. Terms and Conditions of this Trial Service Agreement
    3. The Company's business or technical information obtained in connection with or in the course of the use of the Trial Service
    4. User IDs, passwords and other information provided by the Company to users of the Trial Service on a limited basis (hereinafter collectively referred to as the "Company's Confidential Information")
    (hereinafter collectively referred to as "Our Confidential Information") shall not be used for any purpose other than the purpose of using the Trial Service, and shall not be provided, disclosed, or leaked to any third party other than its own officers and employees who need to know Our Confidential Information in order to use the Trial Service, without Our prior written consent.
  2. Notwithstanding the provisions of the preceding paragraph,
    1. (1) Information that was already generally known to the public at the time it was acquired by the Subscriber
    2. (2) Information that has become public knowledge after the Subscriber acquired it for reasons not attributable to the Subscriber.
    3. (2) Information that the Subscriber acquired legally without being obliged to maintain confidentiality from a third party.
    4. Information that the Subscriber has created independently without using information obtained from the Company.
    are not included in the Company's confidential information.
  3. The Subscriber shall return or destroy the Company's Confidential Information, documents and other recorded media containing or containing the Company's Confidential Information, and all copies thereof, without delay, at any time upon request by the Company.

Article 18 (Handling of Subscriber Information)

  1. The Company may use the Subscriber's information for the purposes listed in the following items, and the Subscriber shall not raise any objections to such use.
    1. (1) To sell, provide, operate, or maintain the Company's products and services (hereinafter referred to as the "Company's Products, etc.") (i) Sales, provision, operation, or maintenance of the Company's products and services ("the Company's Products, etc.")
    2. To customize, improve, or newly develop the functions, specifications, operation, contents, etc. of the Company's Products, etc., including improvement of the accuracy of the suggestion function of the Company's Products, etc. and the convenience of search results.
    3. To create or use statistical data, attribute information, and other information useful for the Company's business by processing, editing, or processing subscriber information
    4. To inform users or potential users of the Company's products, etc. or to promote sales of such products, etc.
    5. To contact the subscriber, respond to inquiries from the subscriber, or otherwise communicate with the subscriber
    6. To investigate or confirm whether or not there is any reason for breach or termination of this Trial Usage Agreement
    7. Data analysis, etc. to the extent incidental or related to the purposes of each of the preceding items (including the use of the results of such analysis, etc. for the purposes of each of the preceding items)
    8. Other business execution or internal business processing of the Company (This item applies only to Subscriber-related information.)
  2. MTI shall not provide or disclose Subscriber information to any third party except in the following cases.
    1. When the written consent of the subscriber has been obtained
    2. When information that has been processed, edited, or manipulated so that a specific individual or subscriber cannot be identified is disclosed or provided to a third party for the purpose of Paragraph 1, or is made available to the general public.
    3. When providing or entrusting the handling of information to our subsidiaries, affiliates, or outside contractors for the purposes described in Paragraph 1.
    4. When disclosing information to outside professionals such as attorneys, certified public accountants, etc. under a statutory duty of confidentiality or under a duty of confidentiality
    5. When required to comply with laws and regulations, or when requested by a court of law, government agency, etc.
  3. Notwithstanding the provisions of the preceding two paragraphs, of the Subscriber Information
    1. (2) Information that was already generally known to the public at the time of acquisition by SOFTBANK TELECOM
    2. (2) Information that has become public knowledge after acquisition by the Company for reasons not attributable to the Company.
    3. (2) Information that is acquired legally by the Company without being obliged to maintain confidentiality by a third party.
    4. Information created independently by the Company without information obtained from the Subscriber.
    5. Subscriber Stored Information
    (2) The Company may use the information stored by the Subscriber (hereinafter referred to as "Subscriber-Stored Information") for any of the purposes specified in Paragraph 1 without limitation, and shall not be obligated to do so as specified in Paragraph 2.
  4. If this Agreement is terminated, regardless of the cause of termination, the Company may, at its discretion, delete or dispose of the Subscriber's registration information and Subscriber's saved information at any time, and shall not be liable to the Subscriber for any damage, etc., even if such deletion causes damage, etc. to the Subscriber. The Company shall not be liable to the Subscriber for any damage, etc. caused by such deletion. In addition, regardless of the cause of termination, the Company may, at its discretion, continue to retain the Subscriber's registration information and Subscriber's saved information after the termination of this Trial Service Agreement and use them in accordance with this Article and Article 19.
  5. The Company may, at its own discretion, delete or dispose of Subscriber-related information at any time, whether before or after termination of the Trial Usage Agreement. In addition, regardless of the cause of termination, at its discretion, the Company may continue to retain Subscriber-Related Information after termination of the Trial Usage Agreement and use it in accordance with this Article and Article 19.

Article 19 (Handling of Personal Information)

  1. The Company will use the personal information included in the Subscriber Information and other personal information obtained from the Subscriber for the provision of the Trial Service in accordance with the "Personal Information Protection Policy (URL :https://www.worksap.co.jp/privacypolicy/) " separately posted on the service application site and the Personal Information Protection Law, and will ensure the security of information. The Company will take appropriate measures to ensure information security in accordance with the "Personal Information Protection Policy (URL: )" separately posted on the service application site and the Act on the Protection of Personal Information.
  2. Although MEDINET may provide the personal information described in the preceding paragraph to a third party if it meets the requirements of Article 18, Paragraph 2, it must still comply with the Personal Information Protection Law and fulfill the requirements of the said law.

Article 20 (Intellectual Property Rights)

  1. Copyrights and other intellectual property rights in software, documents, and any other content used by the Company to provide the Trial Service (hereinafter collectively referred to as "Software, etc.") The copyrights and all other intellectual property rights of the software, documents, and all other contents (hereinafter collectively referred to as "Software, etc.") used by the Company to provide the Trial Service belong to the Company or a third party that is a licensor that has granted the Company a license for such intellectual property rights. The Subscriber shall not reverse engineer, decompile, or disassemble the Software, etc., and shall not reproduce, publicly transmit (including making transmittable), modify, alter, alter, or adapt the Software, etc., in whole or in part. The Subscriber shall not reproduce, publicly transmit (including making transmittable), modify, alter, adapt, or disclose to any third party all or any part of said software, etc.
  2. In providing the Trial Service, the Company may grant the Subscriber permission to use software that operates in the client environment necessary to use the Trial Service. The terms and conditions regarding the installation and use of such software shall be stipulated in the terms and conditions of the license agreement prescribed by the Company, and the Subscriber shall comply with these terms and conditions.
  3. The Service Application Site and other Company websites may display trademarks, logos, and service marks (hereinafter collectively referred to as "Trademarks, etc."). However, the Company does not grant the Subscriber or any other third party any rights to use such Trademarks, etc. or any other rights related to such Trademarks, etc.
  4. The Subscriber shall not apply for patent rights, utility model rights, design rights, or trademark rights, or apply for copyright registration in connection with inventions or other intellectual property related to the Trial Service.
  5. If the Subscriber violates any of the provisions of the preceding paragraphs and any problem arises, the Subscriber shall handle and solve the problem at his/her own responsibility and expense.

Article 21 (Scope of Subscriber's Liability)

  1. With respect to the Trial Service, the Company does not guarantee any of the matters listed in the following items, nor does it assume any obligation with respect to such matters.
    1. (1) That the Subscriber's use of the Trial Service conforms to the laws and regulations applicable to the Subscriber or the internal rules of an industry organization.
    2. (2) The use of the Trial Service by the Subscriber does not infringe on the intellectual property rights or other rights of any third party.
    3. The Trial Service and the software, etc. used to provide the Trial Service conform to the Subscriber's specific purpose of use or have specific functions or qualities.
    4. The software and hardware used to provide the Trial Service and other software and hardware that make up the Trial Service Environment are free from defects, corruption, or failure, and have a specific level of reliability, security, and efficiency.
    5. (2) No leakage, loss, or destruction of subscriber information, or other information security problems or accidents occur in the Trial Service Environment, and the confidentiality, integrity, and availability of subscriber information are maintained at all times.
    6. (4) Provision of the Trial Service will not be interrupted or suspended, and the Trial Service will not become unavailable.
  2. Even if links are provided from the service application site to third party websites or from third party websites to these sites, the Company shall not assume any responsibility for such third party websites or their contents.

Article 22 (Prohibition of Assignment)

  1. The Subscriber shall not, without the prior consent of the Company, lend, transfer (including, but not limited to, comprehensive succession through merger or company split), change the name of, or pledge the position under this Trial Service Agreement or the rights and obligations based on these agreements, in whole or in part, to a third party. (2) The Company shall not lend, assign (including but not limited to comprehensive succession due to merger or demerger), change the name of, or provide for the purpose of security to any third party.
  2. (2) In the event that the Company transfers the business of the Trial Service to a third party (including, but not limited to, cases of business transfer, merger, or company split), the Company may not transfer the Trial Service to a third party, nor may the Trial Service be transferred to a third party. The Subscriber shall be deemed to have agreed in advance to such succession.

Article 23 (Entire Agreement)

  1. The Trial Service Agreement shall be the agreement between the Subscriber and the Company concerning the Terms and Conditions or the Trial Service as of the date of conclusion of these agreements, and shall not be deemed to be the agreement between the parties, whether oral or written, regarding the contents of discussions or agreements made between the two parties prior to the conclusion of these agreements, or any materials, offers or other communications provided by one party to the other party. In the event of any discrepancy between the contents of these agreements and the contents of discussions, agreements, or materials, offers, or other communications, whether oral or written, made between the two parties prior to the execution of these agreements, these agreements shall prevail.
  2. The contents of this agreement are the entire agreement between the Subscriber and the Company regarding the Trial Usage Agreement and the Trial Service, and the Subscriber and the Company shall not assume any obligation or liability to each other regarding the Trial Usage Agreement and the Trial Service beyond the contents set forth in this agreement. The Subscriber and the Company shall not assume any obligation or liability to each other with respect to the Trial Subscriber Agreement and the Trial Service beyond those set forth in this Agreement.

Article 24 (Validity and Individuality of the Agreement)

  1. Even if any provision or part of this Agreement is determined to be invalid or unenforceable under laws and regulations, the remaining provisions of this Agreement and the remaining parts of the provisions that are determined to be invalid or unenforceable in part shall remain in full force and effect, and the Company and the Subscriber shall treat such invalid or unenforceable provision or part as legal, The Company and the Subscriber shall endeavor to modify such invalid or unenforceable provision or portion to the extent necessary to make it legal and enforceable, and to ensure that the intent and legal and economic effect of such invalid or unenforceable provision or portion are equivalent to those of the invalid or unenforceable provision or portion.
  2. If any provision or part of this Agreement is held invalid or revoked in relation to one Subscriber, such provision or part shall remain valid in relation to other Subscribers.

Article 25 (Survival Clause)

The provisions of Article 4.6, Article 8.4, Article 10.2, 10.4, 10.5, and 10.7, Article 11.2, Article 12.2, Article 13.5 and 13.6, Article 15.2 and 15.3, Article 16.2 and 16.3, and Article 17 through Article 27 of this agreement shall remain in effect after termination of this Trial Service Agreement. The provisions of Article 16, Paragraphs 2 and 3, and Articles 17 through 27 shall survive the termination of this Trial Use Agreement.

Article 26 (Governing Law)

All matters relating to this Agreement and the Trial Usage Agreement shall be governed by and construed in accordance with the laws of Japan.

Agreed Jurisdiction

If any problem arises between the Subscriber and the Company in connection with the Terms of Use or this Trial Usage Agreement, the two parties shall consult with each other in good faith, and if the problem is not resolved through consultation, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.

Supplementary Provisions

This Agreement shall be effective as of February 1, 2021.