Sugures Terms of Service (hereinafter referred to as "Terms") defines agreements to be observed for use of this service (hereinafter referred to as "our Service") provided by ALBERT Inc. (hereinafter referred to as "our company"). To individual business owners, unions, corporations, etc. who use our Service (hereinafter referred to as "Contractor"), please read this Terms carefully and use after understanding the content enough.
Article 1 (Definitions)
In this Terms, the definitions of Terms listed in the following items.
- (1)Channel: The website, LINE, and LINE WORKS that Contractor operate our Service.
- (2)Initial cost: The cost incurred during initial construction. The initial construction shall be completed when the account is issued to Contractor.
- (3)Monthly fee: The cost incurred every month during our Service usage period with the month following the completion of the initial construction as the start month.
- (4)Customer Support Services: Our support service for questions and problems regarding our Service.
Article 2 (Conclusion of Contract)
- 1. Those who wish to use our Service shall apply for our Service based on the procedure separately specified by our company after understanding the contents stipulated in Terms. Then, when our company accepts this and the notification reaches the applicant, the contract for using our Service (hereinafter referred to as "Contract") will be established.
- 2. Our company may not accept the application if the applicant who applied for the use of our Service falls under any of the following items.
- (1)When there are falsehoods, omissions, or clerical errors in the application details.
- (2)When Contractor has been suspended from using our Service in the past due to a violation of Terms, etc.
- (3)When the applicant is anti-social forces defined in Article 25.1, or when there is involvement with a gangster, etc., or when it can be reasonably judged.
- (4)In addition, when our company judges that the use of our Service is inappropriate.
Article 3 (Changes in Terms)
- 1. Our company may change, add, or delete Terms at any time. When changing Terms in accordance with this section, the effective date shall be set, and the fact that Terms will be changed, the contents of Terms after the change, and the effective date thereof shall be notified or published to Contractor by posting on the Company's website or other appropriate method before the effective date of the change of Terms. However, in the case of minor changes that do not disadvantage Contractor, such as amendments to the wording, the notification or publication may be omitted.
- 2. If Contractor continues to use our Service after notifying or publishing change to Contract or when Contractor does not express his/her intention to cancel this Contract Contractor shall have accepted the change.
Article 4 (Provision of our Service)
The provision contents of our Service shall be defined in the manual provided separately by our company to Contractor.
Article 5 (Update of our Service)
If our Service is upgraded by adding new functions, these functions can be used in accordance with the following content.
- (1)When the functions that our company determines to require an optional service charge are added: If Contractor wants to use these functions, they can use them for a fee according to the price list defined separately by our company by applying through the method specified by our company.
- (2)When the functions that our company determines to be free are added: Contractor can use these functions free of charge.
- (3)When the functions already provided are updated: Our company will update the functions after notifying Contractor about the update content.
Article 6 (Representations and Warranties)
Contractor guarantees that all information provided to our company is true, accurate and up-to-date. In addition, Contractor ensures that the content of the media on which the chatbot is displayed does not infringe the rights of third parties.
Article 7 (Improvement of usage environment, etc.)
When using our Service, Contractor shall prepare everything necessary for Contractor's environment such as communication equipment, software, public lines, etc. at own expense and responsibility. Our company is not liable for any problems that may occur in the use of our Service due to these environments, and for the effects that they may cause.
Article 8 (Service maintenance and Suspension of our servers and systems, etc.)
- 1. Our company shall maintain and manage servers, systems and other equipment that provide our Service with the care of a good manager so that our Service can be provided stably.
- 2. Our Service is provided 24 hours a day, 365 days a year in principle.
- 3. Notwithstanding the provisions of the preceding paragraph, if our company determines that a system check on our Service is necessary, our company may suspend part or all of our Service for the required period. In this case, our company shall notify Contractor at least three business days prior to the date of the system inspection by email to the email address registered by Contractor. If there is a significant impact on the quality of our Service, our company may notify Contractor and perform emergency maintenance on the same day.
- 4. Notwithstanding paragraphs 2 and 3, if any of the following items apply, our company may suspend the provision of part or all of our Service.
- (1)When unavoidable reasons such as failure of lines / equipment used by our company, natural disasters, local disasters, incidents, mayhem, etc.
- (2)When the cause is that the data provided by Contractor to our company is incomplete.
- (3)When our Service cannot be provided due to reasons that cannot be attributed to our company.
- (4)When Contractor does not respond to inquiries and other requests for answers from our company for 30 days or more.
- (5)When payment of usage fee cannot be confirmed by the payment deadline.
- (6)When it is found that the application details and other information provided by Contractor to our company are false, omissions, or errors.
Article 9 (Management of ID and Password)
- 1. Contractor is obliged to properly manage the account ID and password issued by our company to use our Service.
- 2. In any case, Contractor shall not abuse, lend, transfer, or sell the account ID and password and other authentication information acquired for using our Service to a third party except when Contractor makes the authorized user (hereinafter referred to as "User") use it.
- 3. In cases Contractor loses account ID etc. or have it stolen, they shall promptly contact us. Our company will disable the account ID, in the case of receiving the report or when our company becomes aware of the situation.
Article 10 (Providing customer support services)
Contractor can use customer support services. The customer support services provided free of charge are as follows. The optional support service will be as specified in Contract plan.
- (1)Our company responds during our business hours (10:00 ~ 18:00).
- (2)Our company provides customer support services by help center website and email support.
- (3)The primary response will be given within 24 hours if the priority is normal, and within 48 hours if the priority is low.
- (4)The provision contents of customer support services shall be defined in the manual provided separately by our company to Contractor.
Article 11 (Public Relations of our Service)
Our company may announce the fact that our company is providing our Service to Contractor or the fact that our Service was provided, to a third party in order to promote the use of our Service. Contractor shall acknowledge and agree that our company may announce the fact.
Article 12 (Abolition of our Service)
- 1. Our company shall be able to abolish our Service if any of the following cases.
- (1)If our company shall notify the abolition at least 3 months in advance.
- (2)When our Service cannot be provided due to force majeure.
- 2. When terminating the provision of our Service in accordance with the preceding paragraph, our company shall not charge Contractor any Service usage fees for the remaining period from the date of notification or when the provision becomes impossible to the expiration date of the unit period. If our company has already received our Service charge for the remaining period from the date our company stopped providing our Service to the expiration date of the basic contract period, our company will refund that amount to Contractor.
- 3. Our company shall have no responsibility for the continuation of our Service or the switch to another service due to the abolition of our Service.
Article 13 (Usage fee and Procedure for Payment)
- 1. The usage fee is the sum of the initial fee and monthly fee specified by the quote and order form separately determined by our company.
- 2. Contractor shall pay the initial fee and monthly fee to our company or the payee designated by our company in accordance with the payment conditions specified separately.
- 3. If Contractor is late for payment of debts arising from Terms , Contractor shall pay our company an amount of the delay plus a late payment charge at the rate of 14.6% per year from the date of delay to completion of payment.
- 4. The transfer fee for the transfer of the usage fee shall be borne by Contractor.
Article 14 (Attribution of Intellectual Property Rights )
- 1. The intellectual property rights relating to our Service are owned by our company, and Contractor shall not acquire any rights.
- 2. In the process of providing our Service, with respect to the data collected on our Service (hereinafter referred to as "this Data"), Contractor permits us the right to freely use this Data for analysis and statistical processing for the purpose of improving the performance of the system.
- 3. By making the name of Contractor anonymous with regard to the statistical information obtained in accordance with paragraph 2 in this article, our company can freely divert it to other services our company develops without the permission of Contractor.
- 4. Notwithstanding the preceding paragraph, all rights and authorities regarding this Data shall be reserved by Contractor and shall not be transferred to our company.
- 5. Contractor shall not perform any of the following actions.
- (1)Lending our Service to a third party or performing similar actions.
- (2)Copy, modify or adapt part or all of the content of our Service without our permission for any purpose.
- (3)Having a third party perform the actions of the preceding items.
Article 15 (Responsibility for protection and handling of personal information)
- 1. In accordance with our personal information protection policy, our company shall receive the personal information contained in the data etc. disclosed by Contractor based on the consignment of Contractor. Such personal information in this article is referred to as "personal data". In this Terms, personal information means personal information stipulated in the Act on the Protection of Personal Information (Act No. 57 of 2003. Including subsequent amendments. hereinafter referred to as "Act on the Protection of Personal Information"). When the contractor discloses the personal data to our company by uploading it to our Service, Contractor shall entrust the handling of the personal data to our company for the use of our Service.
- 2. When Contractor entrusts the handling of "personal data" to our company, it is guaranteed that Contractor himself is following the procedures stipulated in Act on the Protection of Personal Information and other laws and regulations.
- 3. Our company shall not permanently disclose or leak "personal data" entrusted by Contractor to a third party regardless of the validity period of Contract.
- 4. Regarding "personal data" entrusted by Contractor, our company will appoint a person in charge of management and take necessary and appropriate measures to prevent any loss, leakage or damage, and to manage the security of other "personal data".
- 5. Our company shall not use, process, copy or duplicate the personal data entrusted by Contractor beyond the scope of the entrustment.
- 6. If an accident such as loss, leakage or damage occurs with respect to "personal data" entrusted by Contractor, our company will promptly report the fact to Contractor, investigate the cause, and prevent the spread of the accident. Our company shall take necessary measures.
- 7. If "personal data" is included in the data etc. provided to our company by Contractor in our Service, Contractor will take the initiative as a personal information handling business operator stipulated in Act on the Protection of Personal Information. Contractor and our company mutually confirm that our company is only entrusted with the handling within the scope of the provision of this service stipulated in this Terms.
Article 16 (Restricted Matters)
- 1. Contractor or User must not perform any of the following items (hereinafter referred to as "prohibitions") when using our Service. Our company shall be able to immediately stop providing our Service if an act that violates the prohibited matter is found or if it is found that it falls under the prohibited matter.
- (1)Actions that hinder the operation of our Service or any actions that may cause it.
- (2)Acts of using or providing harmful programs such as computer viruses through or in connection with our Service.
- (3)So-called "cracking" such as illegal intrusion, information destruction, and information theft of our computer equipment, and overlooking similar actions by third parties.
- (4)Creating reverse engineering, decompiling, disassembling, modifying or deriving software for all or part of the software provided by our Service.
- (5)Acts of leaking the trade secrets of our company and third parties obtained through the use of our Service.
- (6)Acts that Contractor uses for services that our company judges to be contrary to public order and morals.
- (7)Providing information contrary to facts.
- (8)Acts that infringe or may infringe on the copyright or other rights of third parties or our company.
- (9)Acts that violate Terms.
- (10)Other acts that our company deems inappropriate as Contractor.
- 2. In the event that Contractor has performed any of the acts prohibited in the preceding paragraph, Contractor shall be liable and our company shall not be liable.
Article 17 (ALBERT's limitation of liability)
- 1. Our company shall provide our Service as it is, does not guarantee the following contents, and shall not be liable for nonconformity with Contract. The following contents mean that our Service fits the specific purpose of Contractor, and has the expected functions, commercial value, accuracy, and usefulness, and the use of our Service by Contractor conforms to the laws and regulations applicable to Contractor or the internal rules of industry groups, and no problems occur.
- 2. Our company will not be liable to Contractor if the prescribed procedures are taken in the case described in Article 8.3 or if the provision of our Service cannot be fulfilled due to the reasons described in Article 8.4.
- 3. Due to the nature of the telecommunications service, our company shall not be liable to Contractor for any damages, such as reduced speed or irreversible data corruption, incurred by Contractor.
- 4. Our company shall not be liable to Contractor for any damage or loss of information, etc., or any alteration of the contents, etc. resulting from unauthorized third party connection caused by reasons not attributable to our company.
- 5. Our company shall not be liable for any legal or social dispute with a third party by using our Service. However, this shall not apply to disputes due to reasons attributable to our company.
- 6. Our company shall not be liable to Contractor or any third party for any damages incurred by Contractor or any third party due to insufficient management of the Account ID of Contractor, error in use, or use of a third party.
Article 18 (Compensation for damages)
- 1. Our company shall be liable to Contractor only if the events specified in the following items occur for reasons attributable to our company and if the use of our Service to Contractor is suspended for more than 24 hours. In all other cases, our company shall not be liable .
- (1)When a program malfunctions or malfunctions occur.
- (2)When a malfunction occurs due to the damage of hardware owned by our company.
- (3)When the provision of our Service cannot be fulfilled without taking the prescribed procedure in the case described in Article 8.3.
- (4)When the data of Contractor that our company has accumulated for the purpose of providing services is lost due to damage to equipment etc.
- (5)When there is an error in the user manual provided by our company.
- (6)Other cases where our company cannot fulfill the provision of our Service due to our own responsibility.
- 2. In the case of the preceding paragraph, the amount of damages to be compensated by our company against Contractor shall be limited to the usage fee for our Service suspension period. In this case, the usage fee for our Service suspension period shall be calculated by prorated calculation of the number of our Service suspension days in the monthly usage fee, and the number of our Service suspension days shall be calculated by dividing our Service suspension time by 24 hours, the remainder after the decimal point shall be rounded up.
Article 19 (Acceleration / Termination)
- 1. In the event that any of the following events occurs, all obligations of the Contractor under Terms shall be accelerated and become immediately due and payable.
- (1)When it turns out that a false declaration was made when applying to use our Service.
- (2)When Contractor has defaulted on one or more months of all or a part of the obligations arising under Terms, and our company has determined that no corrective action will be taken even though our company had set a period of time and made a correction recommendation.
- (3)When the prohibitions specified in each item of Article 14.5 or Article 16.1. are performed.
- (4)When the business is canceled, suspended, etc. by the competent authorities.
- (5)When it is deemed difficult for the contractor to fulfill Terms due to provisional seizure, provisional disposition or forced disposition from a third party.
- (6)When a petition for bankruptcy, special liquidation, civil rehabilitation proceedings, corporate rehabilitation proceedings, etc. is filed, or a resolution is made to dissolve.
- (7)Contractor is an anti-social force (as defined in Article 25.1) or was an anti-social force.
- 2. In the case of the preceding paragraph, our company may cancel all or a part of Terms without prior notice, and immediately stop providing our Service. In this case, claims for damages shall not be precluded.
Article 20 (Minimum usage period)
- 1. The minimum usage period shall be six months from the month of the first monthly fee.
- 2. If Contractor wishes to cancel Contract within the minimum usage period set forth in the preceding paragraph, Contractor immediately pays our company the amount equivalent to the remaining period fee in one payment during the minimum usage period set forth in the preceding paragraph. By doing so, Contractor may cancel Contract.
- 3. Regarding the fee paid by Contractor to our company, our company will not refund Contractor for any reason except when the provision of our Service is terminated due to the circumstances of our company (excluding Article 12).
Article 21 (Early termination)
- 1. During Contract period after the end of the minimum usage period, Contractor shall be able to cancel Contract by submitting a written request to our company by the method specified by our company at least two months before the desired cancellation time.
- 2. Even if our company has already collected the usage fee for the months after the month when Contract was canceled by Contractor, our company will not return it to Contractor.
Article 22 (External linkage services)
- 1. With regard to the use of all external linkage services, including the registration and use of external linkage service accounts, Contractor or User shall comply with the provisions of each terms prescribed by the external linkage services operating companies.
- 2. Contractor or User shall register and manage accounts in the external linkage services at their own risk. Contractor or User shall be liable for damages caused by insufficient management of Contractor or User, error in use, use by a third party, etc., and our company shall not be liable for any account of the User in the external linkage services.
- 3. When using the external linkage services, Contractor or User shall use the external linkage services at their own risk, and our company shall not be responsible for any damages caused by using the external linkage services between the operator and Contractor or User of the external linkage services. and our company shall not be liable for any troubles or other matters related to the external linkage services.
- 4. Our company may change the specifications and contents of the external cooperation service and suspend or terminate the provision without the consent of Contractor. Our company shall not be liable for any such changes, interruptions, or terminations.
Article 23 (Prohibition of transfer of rights)
Contractor may not transfer, change the name of, or pledge all or part of the status under Contract and the right to receive our Service to a third party.
Article 24 (Confidentiality, Obligation to comply with laws and regulations)
- 1. Contractor and our company shall not disclose or divulge the confidential information of the other party who learned from the provision and use of our Service, to the third party. Confidential information means the technical, business or management information of the other party disclosed regarding the introduction of our Service. Confidential information can be document, electromagnetic data (including email), verbal or any other format. In addition, it does not matter whether or not the secret is displayed, indicated or the scope is specified.
- 2. The information in each of the following items shall not be classified as confidential information.
- (1)Information that you already had when you received the disclosure.
- (2)Information that was already publicly known at the time of disclosure or information that became publicly known afterwards for reasons not attributable to oneself.
- (3)Information legally obtained from a third party after receiving disclosure.
- (4)Information originally developed or created regardless of disclosed confidential information.
- (5)Information requested to be disclosed based on the provisions of laws and regulations or a court order.
- 3. If Contract is terminated due to termination of this service, cancellation of Contract, or other reasons, or if the other party requests in writing, our company and Contractor shall promptly stop using the Confidential Information in accordance with the request of the other party. And return the confidential information medium (including its copy, whether in whole or in part) to the other party. It shall be destroyed at its own risk and expense. In addition, our company and Contractor shall delete the electromagnetic records and issue a document certifying the deletion at the request of the other party.
- 4. Contractor and our company shall obey and comply with domestic and foreign laws and regulations.
Article 25 (Exclusion of anti-social forces)
- 1. Our company and Contractor currently do not belong to an organized crime group, a member of an organized crime group, a person who was a former member of an organized crime group within five years, a quasi-member of an organized crime group, a related enterprise of an organized crime group, an extortionist threatening to disrupt shareholder meetings (sokaiya) or the like, a miscreant advocating political activism, an intellectual crime group or the like, or any party similar to any of the foregoing (hereinafter referred to as "anti-social forces"). Each party represents and warrants that is not a person who has fallen and shall not fall under any of the followings: and each party shall not fall under any anti-social force.
- (1)a person having such relationship with the anti-social forces that shows the anti-social forces' control over the person's management.
- (2)a person having such relationship with the anti-social forces that shows the anti-social forces' substantial involvement in the person's management.
- (3)a person having such relationship with the anti-social forces that shows reliance on the anti-social forces for the purpose of unfairly benefiting itself or third parties, or of damaging third parties.
- (4)a person having such relationship with the anti-social forces that shows provision of funds, benefits or services from the person to the anti-social forces.
- (5)a person where any of the board members or other personnel substantially involved in its management is engaged in socially condemnable relationship with the anti-social forces.
- 2. Our company and Contractor commit to refrain from any following acts by themselves or through the use of third parties.
- (1)a demand with violence.
- (2)an unreasonable demand beyond its legal entitlement.
- (3)acts of threatening behavior or using violence in relation to transactions.
- (4)obstructs the business of the other party by spreading false rumors or by the use of fraudulent or force to damage the credibility of the other party.
- (5)any other equivalent actions of above.
- 3. Our company and Contractor shall be able to cancel Contract without giving any notice to the other party regardless of the reason attributable to own responsibility, when it is found that our company and Contractor have acted as anti-social forces, or any of the items in Article 25.1 or 25.2 or have been found to have made false representations and affirmations under the provisions of Article 25.1.
- 4. Our company and Contractor confirm and acknowledge that in the event that the Contract is canceled pursuant to the preceding paragraph, our company and Contractor shall not be liable to compensate the other party for any damages that may be incurred.
Article 26 (Exclusive Jurisdiction Court)
Any dispute arising out of or in connection with Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance between Contractor and our company.
Article 27 (Consultation)
Any matters not stipulated in this Terms and any other ambiguities which arise in relation to this Terms shall be settled through consultation in good faith by Contractor and our company.
Article 28 (Language)
Non-Japanese translations of this Terms are provided for convenience only. The governing language of this Terms shall be the Japanese version. In the event of any conflict between translations, the Japanese version shall prevail.
These Terms were last updated on August 2, 2021.