Article 8 (Fees)

1. In using the Service, the Contracting Party shall pay the usage fees in accordance with the following items.
1) Fees: the usage fees for the Service, the method of calculation and the method of payment follow the plan and other terms the Company separately prescribes.
2) Method of payment: payment shall be made by the method the Company separately prescribes. In the case of a bank transfer, the transfer fee is borne by the Contracting Party.
3) Accrual of fees and payment date: usage fees accrue from the start date. The payment date is as set out in the application form.

2. Note on payment of fees
The full usage fees for the contract term shall be paid regardless of whether the Service is used during that term.

3. Revision of fees
The Company may revise or partially change the fee amount at the time of contract renewal, and on renewal the Contracting Party shall pay the revised fees by the method the Company specifies.

4. Late payment
Where payment of usage fees cannot be confirmed, the Contracting Party shall, upon demand by the Company, immediately pay the unpaid amount together with late payment damages at the rate of 14.6% per annum, by the method the Company specifies. Where payment cannot be confirmed, the Company may take steps to suspend the Service or to terminate the Usage Agreement in accordance with Article 14 or Article 19.

Article 9 (Changes to notified matters)

Where there is a change to the content of the application form notified to the Company when applying for the Service, the Customer shall promptly notify the change by the method the Company specifies.

Article 10 (Handling of personal information)

The Company handles Customers’ personal information appropriately in accordance with its Privacy Policy (https://www.nefront.com/junkai-go/privacy-policy/).

Article 11 (Changes to the content of the Service)

The Company may change the content of the Service — including its conditions, its prices, and the partial revision or discontinuation of parts of the Service — without prior notice to the Customer, and the Customer consents to this. However, changes to the usage fees will be made only at the time of contract renewal.

Article 12 (Third-party services)

1. Where the Customer so wishes, the Service may be integrated with services operated by third parties other than the Company (including applications and content; “Third-Party Services”). Such integration does not signify any partnership, coordination, authorisation or other cooperative relationship whatsoever between the Company and the operator of the Third-Party Service. The Customer shall, at its own responsibility, verify with the Third-Party Service as appropriate the content, contractual terms and conditions of use of the Third-Party Service, and the accuracy and completeness of the data obtained through the integration.

2. The Customer shall use Third-Party Services at its own responsibility, and shall resolve, at its own responsibility and expense, any dispute or other claim or obligation arising with the operator of that site or service or with a third party as a result of the integration. The Customer shall cause the Company no trouble in this regard, and shall indemnify the Company for any damage (including attorneys’ fees) the Company suffers as a result.

3. Where the Service is integrated with a Third-Party Service, the Company may provide the Transmitted Information (as defined in Article 20), such as data the Customer has entered or transmitted on the Service, to the operator of that Third-Party Service, its subcontractors or other third parties, and the Customer consents to this.

4. The Customer acknowledges in advance that data obtained through integration with a Third-Party Service may not be displayed accurately on the Site due to irregularities in communications equipment or other circumstances.

5. In using a Third-Party Service, the Customer shall comply with the separate terms of use or other agreement between the Customer and the operator of that Third-Party Service.

Article 13 (Interruption of the Service)

In any of the following cases, the Company may temporarily interrupt provision of the Service without prior notice to the Customer. Please use the Service on that understanding.

1. Where maintenance of the Service’s systems is carried out, whether scheduled or urgent
2. Where the Service cannot be provided due to fire, power failure, accident or the like
3. Where the Service cannot be provided due to a natural disaster such as an earthquake, volcanic eruption, flood or tsunami
4. Where the Service cannot be provided due to war, insurrection, riot, civil commotion, labor dispute or the like
5. Where the Service cannot be provided due to a failure in the communications or external environment, a cyber attack, or another event beyond or difficult to bring within the Company’s control
6. Unforeseen technical problems
7. Where the Company otherwise determines, for operational or technical reasons, that a temporary interruption of the Service is necessary

Article 14 (Suspension of the Service for reasons attributable to the Customer)

Where a ground for suspension set out in the following items exists in relation to a Customer, the Company may suspend provision of the Service until the corresponding ground for resumption arises.

1. (Ground for suspension) Where the Company has demanded payment of unpaid fees from the Contracting Party in accordance with Article 8, paragraph 4, and payment of the unpaid fees cannot be confirmed by the deadline specified in the demand
(Ground for resumption) Receipt of the full amount of the unpaid fees is confirmed

2. (Ground for suspension) Unpaid fees have arisen and the Company cannot reach the Contracting Party
(Ground for resumption) The Contracting Party can be reached and receipt of the full amount of the unpaid fees is confirmed

3. (Ground for suspension) Where the Company needs to contact the Customer and the Customer cannot be reached
(Ground for resumption) That Customer can be reached

4. (Ground for suspension) Where Article 18 has been breached and the breach is not remedied
(Ground for resumption) The breach of Article 18 is remedied

Article 15 (Discontinuation of the Service)

1. Where unavoidable circumstances arise, the Company may terminate the contract for the Service or discontinue provision of the Service.

2. Where the Service is to be discontinued, the Company will notify Customers in advance by announcement on its website or by such other means as are appropriate. This does not apply, however, in an emergency or in other unavoidable circumstances.

Article 16 (Cancellation by the Contracting Party)

The Contracting Party may cancel the Usage Agreement for the Service by giving notice of cancellation through the Company’s prescribed procedure by the deadline the Company separately prescribes.

The cancellation date is the date the application for cancellation reaches the Company. Once cancellation is complete, the Company will notify the Contracting Party that it is complete.

Regardless of cancellation part-way through the contract term or of the number of days used, the full fees for the contract term prescribed by the Company shall be paid, and the Company will not refund the Contracting Party even where usage fees have already been paid.

Article 17 (Prohibition of assignment)

1. The Company may assign its claims against the Customer to a third party, and the Customer consents to its personal information and other information being provided to that third party for that purpose.

2. The Customer may not assign, transfer, pledge or otherwise dispose of its status under this agreement, or its rights and obligations under the Service, to a third party without the Company’s prior written consent. This does not apply, however, where the Company has specifically provided for it as part of the content of the Service.

Article 18 (Prohibited conduct)

In using the Service, the Customer shall not, whether intentionally or negligently, itself or through a third party, engage in any of the following acts.

1. Acts that infringe, or risk infringing, the copyright, trademark rights or other intellectual property rights, property, privacy or portrait rights of the Company or of a third party — such as transmitting another person’s copyrighted work or a copy of it without consent, or transmitting matters belonging to another person’s privacy or trade secrets.
2. Acts that cause, or risk causing, disadvantage or damage to the Company or to a third party.
3. Acts that infringe the human rights of a third party or that are contrary to public order and morals, or that risk doing so.
4. Criminal acts or acts connected to criminal acts, or acts that risk being so — such as using the Service as a means of committing fraud or intimidation, or to abet or incite crime.
5. Acts that obstruct, or risk obstructing, the Company or the operation of the Service — such as using the Service in a manner that places extreme load on the servers of the Company or of a third party.
6. Acts amounting to unauthorised access or cracking.
7. Acts of special access outside the scope of ordinary use.
8. Acts that damage, or risk damaging, the reputation of the Company or of the Service.
9. Acts of making false declarations or notifications to the Company.
10. Acts of using or providing computer viruses or other harmful programs through or in connection with the Service, or acts that risk doing so.
11. Acts that violate laws and regulations (including but not limited to the Construction Business Act and the Subcontract Act).
12. Acts of lending or assigning the status under the Usage Agreement for the Service to a third party without the Company’s prior written consent.
13. Acts of reverse engineering, decompiling, disassembling or otherwise analysing any part or the whole of the Service.
14. Acts of cooperating with or participating in the maintenance, operation or management of organized crime groups and similar (meaning boryokudan, members of boryokudan, right-wing organisations, antisocial forces and others equivalent to them; the same applies below), and acts of conducting business with, or having any interaction or involvement with, such groups.
15. Acts that directly or indirectly cause or facilitate any of the acts in the preceding items.
16. Any other act the Company determines to be inappropriate.

Article 19 (Termination by the Company)

1. Where a Customer breaches any item of the preceding article or any other provision of these Terms of Service, the Company may terminate the Usage Agreement immediately without prior notice to the Customer, regardless of whether the Contracting Party is at fault. The Company may also restrict use of the Service, delete Transmitted Information or restrict its being made transmittable, and take such other measures as the Company deems necessary.

2. Where the Usage Agreement is terminated under the preceding paragraph, usage fees already paid will not be refunded.

Article 20 (Agreed matters on viewing, use, disclosure and deletion of data)

1. The Company will exercise the utmost care and endeavor to securely manage the information the Customer entered on registration and the information the Customer has transmitted on the Service, such as drawings, photos and inspection records (the “Transmitted Information”).

2. The Customer continues to hold the copyright in the Transmitted Information after transmission. In providing the Service to the Customer, the Company may reproduce, adapt, publicly transmit automatically, make transmittable as necessary for that purpose, and otherwise use the Transmitted Information.

3. Where the Company provides a service using machine learning, the Company will not use the Customer’s Transmitted Information for training. This excludes cases where additional training or similar is carried out separately with the Customer’s consent.

4. Notwithstanding paragraph 1, in view of the fact that the Service is inherently a service delivered over internet communication networks, in which risks of loss, alteration and destruction of information are inherent, the Customer shall back up the Transmitted Information at its own responsibility. The Company will endeavor to restore Transmitted Information, but bears no liability whatsoever for damage the Customer suffers as a result of failing to make such a backup.

5. In any of the following cases, the Company may view and use the Transmitted Information. In any of the following cases, the Company may also disclose the Transmitted Information to third parties.
1) Where the Company determines that the Customer is engaging in conduct falling under the prohibited conduct set out in Article 18
2) Where necessary to protect the life, body or other important rights of the Customer or of a third party
3) For the planning, development and improvement of products and services
4) Where necessary for the provision, improvement and maintenance of the Service
5) Where there is a necessity equivalent to the items above

6. In any of the following cases, the Company may delete part or all of the Transmitted Information. The Company bears no liability whatsoever in respect of deleted Transmitted Information, including for its restoration.
1) Where the Customer’s consent has been obtained
2) Where the Company determines that the Customer is engaging in prohibited conduct falling under any item of Article 18
3) Where the Usage Agreement has ended by cancellation by the Contracting Party under Article 16
4) Where the Usage Agreement has ended by termination by the Company under Article 19
5) Where the Service has been discontinued under Article 15
6) Where there is a necessity equivalent to the items above

Article 21 (Agreed matters on how the Service is provided)

The Company provides the Service on an as-is basis. The Company gives no warranty whatsoever as to the following items. Further, even where the Customer has obtained information about the Service from the Company directly or indirectly, the Company gives the Customer no warranty whatsoever beyond what is provided in these Terms of Service.

1) That no defect or failure will arise in the Usage Environment as a result of using the Service
2) The accuracy, completeness, permanence, fitness for purpose or usefulness of the Service
3) Conformity with laws and regulations, industry body internal rules and the like applicable to the Customer

Article 22 (Disclaimers)

1. Where a Customer’s email address and password have been used by a third party, the Company bears no liability whatsoever for damage the Customer suffers, regardless of whether the Customer was intentional or negligent.

2. Where a dispute arises between the Customer and a third party such as a financial institution, it shall be resolved between those parties, and the Company bears no liability whatsoever.

3. During a period of interruption of the Service under Article 13, the Company bears no liability whatsoever — and the Customer consents to this — for damage arising in connection with use of the Service, including damage relating to the Customer being unable to use the Service, damage relating to work being interrupted, damage relating to loss of data, and damage from not obtaining profits that would have been obtained by using the Service, whether direct or indirect and whether actually incurred or not.

4. During a period of suspension of the Service under Article 14, the Company bears no liability whatsoever — and the Customer consents to this — for damage arising in connection with use of the Service, including damage relating to the Customer being unable to use the Service, damage relating to work being interrupted, damage relating to loss of data, and damage from not obtaining profits that would have been obtained by using the Service, whether direct or indirect and whether actually incurred or not.

5. Where the Service has been discontinued under Article 15, the Company bears no liability whatsoever — and the Customer consents to this — for damage arising in connection with use of the Service, including damage relating to the Customer becoming unable to use the Service, damage relating to work being interrupted, damage relating to loss of data, and damage from not obtaining profits that would have been obtained by using the Service, whether direct or indirect and whether actually incurred or not.

Article 23 (Limitation of liability)

1. The Company’s disclaimers in these Terms of Service do not apply where there is wilful misconduct or gross negligence on the part of the Company.

2. Where the Company bears liability for damages, the scope of damages to be compensated is limited to direct and ordinary damage actually incurred by the Customer, and the Company bears no liability for lost profits or other special damages. The amount of compensation is further capped at the usage fees paid to the Company during the 12 months up to the time the damage arose.

Article 24 (Dispute handling and damages)

Where the Contracting Party, a User, or a person using the Service under authority granted to the Contracting Party by the Company causes damage to the Company or to a third party through use of the Service and this becomes litigation or another dispute (including where the Company or a third party suffers damage because a Customer fails to perform an obligation under these Terms of Service), the Contracting Party shall handle that dispute and compensate that damage at its own responsibility and expense.

Article 25 (Confidentiality)

The Customer shall not use information the Company has disclosed to the Customer in connection with the Service and designated as confidential for any purpose other than the purpose for which the Company disclosed it, and shall not disclose it to third parties, except with the Company’s prior written consent.

Article 26 (Exclusion of organized crime groups)

The Customer and the Company each represent and warrant that they do not fall under organized crime groups and similar (meaning boryokudan, members of boryokudan, persons for whom fewer than five years have passed since ceasing to be a member of a boryokudan, quasi-members of boryokudan, boryokudan-affiliated companies, sokaiya, groups engaging in criminal activities under the pretext of political, religious or social movements, special intelligence violence groups, and others equivalent to them; the same applies below), and covenant for the future that they will not fall under organized crime groups and similar, and that they will not cooperate with or participate in the maintenance, operation or management of organized crime groups and similar, nor conduct business with or have any interaction or involvement with them.

Article 27 (Severability)

Even where part of the provisions of these Terms of Service is held illegal, invalid or unenforceable by law or by a court, the remaining provisions of these Terms of Service remain in full force and effect.

Article 28 (Governing law)

The laws of Japan apply to the formation, effect, performance and interpretation of the Usage Agreement.

Article 29 (Exclusive agreed jurisdiction)

For disputes relating to the Usage Agreement, the summary court or district court having jurisdiction over the location of the Company’s head office shall be the exclusive agreed court of first instance.

Article 30 (Consultation)

Where a problem arises between the Customer and the Company in relation to the Service, the Customer and the Company shall consult in good faith and endeavor to resolve it.