Article 1 (Purpose)
These Terms of Use (hereinafter “Terms”) stipulate the conditions for using tebanasu (hereinafter “Service”) provided by Tebanasu Inc. (hereinafter “Company”).
Users of the Service (hereinafter “Users”) may use the Service in accordance with these Terms.
Article 2 (Amendments to the Terms)
The Company may amend these Terms at any time within a reasonable scope without providing individual notice to Users.
However, the Company shall inform Users in advance of the details of such amendments and their effective dates. When these Terms are amended, the conditions for using the Service shall be governed by the amended contents, and the amended Terms shall constitute the Service Agreement.
Article 3 (Formation of Contract)
1. Application for Use
A User shall apply for the Service by agreeing to all provisions of these Terms and entering the required information in the application form prescribed by the Company. After applying, the User shall pay to the Company the usage fees separately stipulated by the Company in accordance with the payment method and due date set forth in these Terms. The Company will commence the setup work necessary for use upon confirming receipt of the usage fees.
2. Formation of the Service Agreement
The Service Agreement shall be formed when the Company accepts the application for the Service made in accordance with the procedure set forth in the preceding paragraph. Upon formation of the Service Agreement, these Terms shall constitute its content, and the User shall comply with the obligations stipulated herein.
Notwithstanding the foregoing, if the User falls under any of the following items, the Company may refuse the User’s application for the Service Agreement. The Company shall have no obligation to disclose the reason for refusing the application.
- (1) If payment is deemed unlikely by the due date, such as when credit-card authorization fails.
- (2) If any of the information provided by the User contains falsehoods in whole or in part.
- (3) If the User is found to be an antisocial force as defined in Article 17 (Elimination of Antisocial Forces) or falls under any item of paragraph 1 of that article.
- (4) If it becomes evident that the User has violated or is violating any agreement (not limited to this Service Agreement) or terms with the Company.
- (5) If there are other reasonable grounds for deeming conclusion of the Service Agreement inappropriate.
Article 4 (Termination of the Service Agreement by the Company)
1. Even after the Service Agreement has been formed, the Company may immediately terminate it if the User is found to fall under any of the following items.
- (1) If a supervisory authority imposes a business suspension or revokes a business license or registration.
- (2) If a bill or check is dishonored, or if payment is suspended or becomes impossible.
- (3) If a petition is filed for bankruptcy, special liquidation, corporate reorganization, civil rehabilitation, or other legal insolvency proceedings (including those established after the conclusion of this Agreement), or if private liquidation is initiated, or there is a risk thereof.
- (4) If the User is subjected to seizure, provisional seizure, provisional disposition, auction, disposition for tax delinquency, or other governmental measures, or there is a risk thereof; except for minor matters that do not significantly affect performance of this Agreement.
- (5) If it is found that false information was provided at the time of application for the Service Agreement.
- (6) If the User fails to pay the usage fees to the Company by the due date.
- (7) If it is found that the right to receive the Service has been assigned, lent, renamed, pledged, or otherwise made available for use by a third party.
- (8) If it becomes apparent that the User has previously had the Service Agreement terminated or the Service suspended due to unauthorized use.
- (9) If the User fails to make improvements despite the Company’s guidance or requests.
- (10) If the User engages in, or is likely to engage in, conduct that causes nuisance to the Company, other Users, or the internet.
- (11) If email distribution volume increases markedly and the Company judges it causes inconvenience to other customers.
- (12) If the User violates these Terms and is not expected to correct the violation, or fails to correct it despite the Company’s request.
- (13) If the Company determines that continuation of the Service Agreement would hinder technology or execution of the Company’s business.
2. The Company bears no liability whatsoever for any damages incurred by the User due to termination of the Service Agreement pursuant to the preceding paragraph.
Article 5 (Termination of the Service Agreement by the User)
1. The User may submit a notice of termination by the method specified by the Company, such as via the “Withdrawal Procedure” page (after login), the inquiry form, or email (info@tebanasusystem.com).
2. Upon a User’s termination request under the preceding paragraph, the Company will approve the termination within five business days after the request, and the Service Agreement will end on the day before the next payment date. (If the request is made within five business days of the end of the current contract period, the contract will be renewed under Article 6 paragraph 2, and the usage fee for the next contract period will be incurred.)
3. Even if the User terminates, no prorated settlement will be made for the unused portion of the contract period, and the Company will not refund any usage fees already received.
Article 6 (Contract Period)
1. The contract period of the Service Agreement shall be in one-month units, commencing (start of use) on the day the User completes the first payment of the usage fees after applying for the Service.
2. Unless the User submits a termination request under the preceding article at least five days before the expiration of the contract period, the contract will automatically renew for one month under the same conditions.
3. The User may terminate during the contract period under the preceding paragraph; however, any usage fees once paid will not be refunded.
Article 7 (Usage Fees)
1. Usage fees for the Service shall be stipulated separately, and payment shall be by credit card approved by the Company.
2. The User shall pay to the Company the Service usage fees corresponding to the period during which the Service is used.
3. For individual services arising from the User’s specific requests or circumstances and not included in plan services provided by the Company, the fee shall be the amount individually quoted by the Company.
4. The Company may revise the initial and monthly fees for the Service. If revised, the pre-revision fees apply during the current contract period, and the revised fees apply from the next period after renewal.
5. The payment due date for the usage fees shall be the date on which the credit-card payment is processed, and thereafter it shall be the same date monthly.
6. If, during the contract period, the User changes their plan, the fee will be prorated at the time of change, and payment for the new plan will be processed by credit card on the change date.
In this case, the payment due date shall be the date of the credit-card payment for the changed plan.
7. The Service may offer a free trial period for first-time use only. The contents and conditions of the free period shall be governed by individual provisions separately stipulated by the Company concerning the free period, which shall take precedence.
Article 8 (Minimum Usage Period)
No minimum usage period is stipulated. However, as set forth in Article 5, usage fees are non-refundable upon termination.
Article 9 (Late Damages)
If the User fails to pay the usage fees, late interest at an annual rate of 14.6% shall accrue from the day following the payment due date under Article 7 paragraph 5 or 6 until payment is completed.
Article 10 (Refund of Usage Fees)
Except where the Company is unable to provide the Service due to willful misconduct or gross negligence, the Company will not refund any usage fees already received.
Article 11 (Services Provided by the Company)
1. The Company shall provide the “tebanasu” Service in accordance with these Terms.
2. The Company may add, delete, or change the types and contents of Service plans.
Article 12 (User Obligations)
1. The User shall manage, under the User’s own responsibility, the information registered for use (hereinafter “Registered Information,” including email address, ID, password, etc.). If the Registered Information is forgotten or stolen, the User shall notify the Company.
2. If there is any change in the Registered Information, the User shall promptly update it. The Company bears no responsibility for damages incurred due to the User’s failure to update.
3. The User must observe the following to prevent use of the password by third parties:
- (1) Use a password that cannot be easily guessed.
- (2) Do not disclose the password to any third party.
- (3) Always log out after finishing use of the Service.
4. Even if the User’s account is used by a third party, the Company will regard it as the User’s own act, and the Company shall bear no responsibility for any disadvantage or damage.
Article 13 (Prohibited Acts)
1. In using the Service, the User shall not engage in any of the following acts:
- (1) Acts that violate these Terms.
- (2) Special access methods other than normal web-browser use.
- (3) Issuing a large number of requests to the Service and imposing a load on the system.
- (4) Allowing third parties to use the Service.
- (5) Transferring, selling, pledging, or lending the User’s account to others.
- (6) Using another person’s account or password without permission.
- (7) Acts equivalent to unauthorized access or cracking.
- (8) Acts that violate laws or relate to crimes.
- (9) Reprinting, copying, duplicating, transferring, extracting, processing, altering, enabling transmission, or any other secondary use of the Service, or lending, selling, redistributing, public transmission, or sublicensing it.
- (10) Acts that infringe intellectual property rights such as copyrights or patents.
- (11) Acts contrary to public order and morals.
- (12) Acts deemed socially inappropriate.
- (13) Acts that cause nuisance to third parties.
- (14) Acts that damage the Company’s social credibility or other acts deemed inappropriate by the Company.
- (15) Using the free trial period multiple times to evade charges.
2. If the Company determines that the User’s conduct falls under any of the preceding items, the Company may, without prior notice, take any or all of the following measures:
- (1) Restrict the use of the Service.
- (2) Terminate this Agreement.
- (3) Take the measures necessary to correct prohibited acts, mitigate or recover damages, or any other actions deemed necessary by the Company.
Article 14 (Disclaimers and No Warranties)
1. The Company makes no warranties to Users regarding any of the following:
- (1) That the Service will be provided continuously without suspension into the future.
- (2) That no interruptions, suspensions, or other disruptions will occur in the Service.
- (3) That the contents of the Service are complete and effective under any circumstances.
- (4) That use of the Service will yield increased sales or profits, any other expected benefits, or cost reductions.
2. The Company shall bear no responsibility for any of the following damages:
- (1) Damages incurred due to the User’s failure to update Registered Information.
- (2) Damages incurred due to unforeseen unauthorized access or similar acts.
- (3) Damages incurred due to violation of Japanese or foreign laws in connection with use of the Service.
- (4) Damages incurred if all or part of this Agreement cannot be performed due to force majeure such as natural disasters, land changes, fires, strikes, trade stoppages, wars, civil unrest, or epidemics.
- (5) Damages incurred if the User has a dispute with a third party (inside or outside the Service) in relation to use of the Service.
- (6) Damages arising from causes that fall under the disclaimers in the preceding items.
- (7) Other damages arising from acts without the Company’s intent or gross negligence.
3. If a User causes damage to another User or a third party through use of the Service, the User shall resolve the issue at the User’s own responsibility.
4. Information on Users who engage in prohibited acts may be disclosed or deleted; Users may not pursue liability or raise objections regarding such actions by the Company.
5. Regardless of cause, the Company’s liability for damages to a User shall be limited to the total amount of usage fees the User has paid to the Company during the one-year period counting backward from the date on which the cause occurred.
6. The Company may provide information or advice to Users as appropriate but assumes no responsibility thereby.
7. All environments necessary to receive the Service, including equipment, communication means, and transportation means, shall be prepared at the User’s expense and responsibility. Communication costs necessary for use of the Service shall also be borne by the User.
Article 15 (Confidentiality)
1. Neither the User nor the Company shall disclose or leak to any third party any technical, business, or other operational information explicitly indicated as confidential by the other party, nor use such information for any purpose other than performing the Service Agreement, without the other party’s prior written consent. However, the recipient may disclose such confidential information to its or its affiliates’ officers or employees, or to attorneys, accountants, tax accountants, or other persons legally bound by confidentiality obligations, to the minimum extent necessary and under obligations at least as strict as those herein.
2. Handling of the User’s privacy and personal information shall be governed by the Company’s separate privacy policy and other regulations.
Article 16 (Changes to the Service, etc.)
1. The Company may change or add to all or part of the Service without prior notice to Users; provided, however, that the Company does not warrant that all functions and performance of the Service prior to such change or addition will be maintained.
2. The Company may suspend or discontinue all or part of the Service if any of the following applies. In such cases, the Company will endeavor to notify Users in advance to the extent possible.
- (1) When periodic or emergency inspection or maintenance work is performed on computers or systems related to the Service.
- (2) When computers, communication lines, etc. are stopped due to an accident.
- (3) When operation of the Service becomes impossible due to force majeure such as fire, power outage, epidemics, or natural disasters.
- (4) When the Company reasonably determines that suspension or discontinuation of the Service is necessary.
3. The Company may terminate all or part of the Service without prior notice to Users.
4. The Company bears no responsibility for any disadvantage or damage incurred by Users due to this Article.
Article 17 (Elimination of Antisocial Forces)
1. The User represents and warrants that the User is not currently and will not in the future become an organized crime group, a member thereof, a person for whom five years have not passed since leaving such a group, an associate member, a company affiliated with such a group, a corporate racketeer, a group that pretends to be engaged in social campaigns, a special-intelligence organized crime group, or any equivalent (collectively “Antisocial Forces”), and that none of the following applies.
- (1) Having a relationship in which Antisocial Forces are deemed to control management.
- (2) Having a relationship in which Antisocial Forces are deemed to be substantially involved in management.
- (3) Having a relationship deemed to involve unjust use of Antisocial Forces for improper gain or to inflict damage on a third party.
- (4) Having a relationship deemed to involve providing funds or benefits to Antisocial Forces or offering conveniences to them.
- (5) Having officers or persons substantially involved in management who have socially reprehensible relationships with Antisocial Forces.
2. The User covenants not to engage, directly or through a third party, in any of the following acts:
- (1) Violent demands.
- (2) Unreasonable demands that exceed legal responsibility.
- (3) Threatening behavior or use of violence in relation to transactions.
- (4) Spreading rumors, using fraudulent means, or using force to damage the other party’s credibility or obstruct their business.
- (5) Other acts equivalent to the preceding items.
3. If it is found that the User falls under Antisocial Forces or any of the items in paragraph 1, engages in any of the acts in the preceding paragraph, or made a false declaration with respect to paragraph 1, the Company may terminate this Agreement without notice and regardless of attribution of fault.
4. The User acknowledges and agrees that the Company bears no liability for any damages incurred by the User due to termination under the preceding paragraph.
Article 18 (Outsourcing to Third Parties)
The Company may outsource all or part of operations related to the Service to third parties.
Article 19 (Publication of Case Studies)
1. Unless otherwise specifically requested by the User, the Company may disclose the User’s company name as a company that has adopted the Service.
2. The User authorizes the Company to use the User’s logo, trademark, etc. when disclosing the company name pursuant to the preceding paragraph.
Article 20 (Communications and Notices)
1. Inquiries regarding the Service or other communications or notices from Users to the Company, and notices regarding amendments to these Terms or other communications or notices from the Company to Users, shall be made by email or other methods prescribed by the Company. Notices take effect upon dispatch by the Company.
2. The Company will endeavor to respond to inquiries from Users regarding the Service, but assumes no obligation to respond except where required by laws or these Terms.
3. The Company has no obligation to disclose the criteria for whether or not to respond to inquiries from Users.
Article 21 (Miscellaneous)
Matters not stipulated in these Terms that give rise to issues shall be resolved in good faith by the User and the Company.
Article 22 (Compensation for Damages)
If the Company suffers damages due to improper use by the User, the Company may claim compensation from the User.
Article 23 (Severability)
1. Even if any provision of these Terms or any part thereof is determined to be invalid or unenforceable, such determination shall not affect the other parts, and the remaining parts of these Terms shall remain in full force and effect. The Company and the User agree to endeavor to ensure equivalent effect and to be bound by the amended Terms.
2. Even if any provision of these Terms or any part thereof is determined to be invalid or unenforceable with respect to a particular User, such determination shall not affect the validity with respect to other Users.
Article 24 (Governing Law and Jurisdiction)
1. The formation, effect, and interpretation of these Terms shall be governed by the laws of Japan.
2. Notwithstanding agreement to these Terms, if a dispute is submitted to court, it shall be resolved by the court having jurisdiction over the location of the Company’s head office.
Operating Environment
tebanasu(テバナス) guarantees operation under the following environments.
Application Screen
The application page used by general users supports the following OSs and browsers.
* Browsers for which vendor support has ended (e.g., IE10 or earlier, Netscape) cannot be used.
Windows 7 (Japanese version) or later
Browsers:
Internet Explorer 11 or later
Mozilla Firefox latest version
Google Chrome latest version
Microsoft Edge latest version (for Windows 10)
Mac OS X (Japanese version) or later
Browsers:
Safari latest version
Google Chrome latest version
Mozilla Firefox latest version
Smartphones
・iPhone
OS: iOS 11.0 or later
Browser: Safari latest
・Android
OS: Android 6.0 or later
Browser: Standard browser or Chrome latest
Admin Console
The admin console for tebanasu administrators supports the following OSs and browsers.
* Internet Explorer cannot be used for the admin console because it does not support basic JavaScript syntax (ES5).
* Smartphones and tablets such as iOS and Android are not supported.
Windows 7 (Japanese version) or later
Browsers:
Mozilla Firefox latest version
Google Chrome latest version
Microsoft Edge latest version (for Windows 10)
Mac OS X (Japanese version) or later
Browsers:
Safari latest version
Google Chrome latest version
Mozilla Firefox latest version