Terms of Service
This Terms of Service (hereinafter referred to as the "Terms") defines the provision of applications and related contents (hereinafter collectively referred to as the "App") provided by Valida Co., Ltd. (hereinafter referred to as the "Company") to users (hereinafter referred to as "users") and the conditions for their use. The user can use this service after agreeing to these Terms. When the user downloads this service to a tablet or other information terminal and performs the contract procedure for this agreement, the user and Company will establish a usage agreement in accordance with the provisions of this agreement. If you do not agree with any of the terms of this agreement, you cannot use App, so in that case, please stop using this App immediately. In addition, based on this Terms, the agreement that will be established between Company and the user regarding the use of App by the user is called "this contract".
Article 1 [Permissions]
1. The Company grants a non-transferable non-exclusive right to download and use this App on a terminal device that supports this App non-exclusively under the conditions stipulated in this agreement (hereinafter referred to as "devices") . We do not guarantee that this App will be compatible with all devices.
2. This App provides the function of record management according to HACCP, and also provides various plan document examples as contents. The content is created and edited by each industry group and converted into an example plan document that can be used with this App, and can be downloaded as appropriate.
3. The user should read this agreement carefully and use this App in compliance with the provisions of this agreement.
4. The Company may revise the contents of this agreement at any time without obtaining the consent of the user, and the user consents to this without any objection. The user is deemed to have agreed to the changed Terms without any objection at the time of using the Service after changing the Terms.
Article 2 [Scope of usage rights]
1. In principle, we recommend that users use only one device account per user for this App.
2. The license to use this App is conditioned on payment of the fee.
3. The user cannot transfer or sublet the usage right of this App licensed by the Company to a third party.
4. This App can be used only for the purpose of its own use by the user, and cannot be used for other purposes such as sales, distribution and development.
5. The user shall use this App only in the state provided by the Company. The user shall not perform any act such as duplication, modification, change, alteration or adaptation of this App.
6. This App is protected by the Unfair Competition Prevention Law of Japan and other related countries. The user shall not reverse engineer, decompile or disassemble all or part of this App, or extract the source code by any other method. It may not be altered, modified or translated into a readable state.
7. When downloading this App, the user shall not delete the copyright, ownership, trademark right or any other wording or display indicating the rights of this Company or the original right holder (specified in Article 5) of this App displayed on this application.
Article 3 [use fee and payment method]
1. You can try this App for one month.
2. Payment for this App will be charged to iTunes Account at confirmation of purchase. After that, it will be updated automatically on a monthly basis.
3. The price of this app is displayed on the app description screen of the App Store, the initial screen of this app and the contract screen.
4. The contract renewal will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period to identify the cost of renewal.
5. You can go to the user's account settings after purchase and disable auto-renewal
6. If the contract is canceled or payment is delayed, a new recording sheet will not be created. Also, the date on the calendar does not advance. However, the records entered up to that point can be operated in the same way as during the contract period.
7. The Company shall not be obliged to return to the user any bills already paid for any reason.
Article 4 [use environment, operating environment]
1. Software, programs, terminals, communication devices, communication methods, etc. required to use this App shall be provided at the user's expense and responsibility.
2. In the following cases, startup of this App may be restricted.
(1) When using this App in a place where you cannot connect to the Internet.
(2) When real-time communication is not possible depending on the communication status.
Article 5 [Intellectual Property Rights]
1. This App is protected by copyright laws and copyright treaties of Japan and related countries, as well as other intellectual property laws and treaties. The user is only licensed for non-exclusive and non-transferable usage rights for this App based on this agreement, and acquires any ownership rights, copyrights and all other rights with respect to this App and its copies. Not a thing.
2. All intellectual property rights, including copyrights, patent rights, and trademark rights related to this App or its duplicates (including programs, images, documents, etc.) It is understood that they belong to the agreement. The user respects the copyright related to this App, and shall use this App based on the Universal Copyright Convention and copyright laws, unfair competition prevention law and other related laws of each country.
Article 6 [Changes in content of this App, cancellation, etc.]
1. Company shall be able to change, add or improve all or part of the contents of this App at any time without obtaining the prior consent of the user.
2. Company may end the provision and update of this App without prior notice.
>
Article 7 [Disclaimer]
1. The contents, functions and performance of this App are limited to those that can be reasonably provided by Company when the user downloads this App. Company provides this App to the user at present, The Company does not provide any guarantee to the user that this application will operate correctly and that all functions will be exhibited under any user's usage environment. In addition, we do not guarantee that this App is useful for a specific purpose of the user, that it has commercial utility, or any other matters regarding this application.
2.The Company, except for those caused by the Company's intention or gross negligence, will not cause any direct or indirect damage caused to the User due to the fact that the User has used or cannot use this App, Company shall not be liable for any incidental or consequential damages, special damages, lost profits or other damages (whether or not they are foreseeable).
3. The Company does not provide any guarantees for the app and services associated with the app, including the following items.
(1) No problems or problems will occur with this App due to the OS version upgrade.
(2) This app must always function properly and must have sufficient quality.
(3) No malfunctions, malfunctions or failures will occur in the devices such as users due to the use of this App.
(4) This App can be used permanently.
(5) There is no interruption or error in using this App.
4. Company does not provide individual support for individual inquiries and usage methods from this user.
5. The provisions of this article are all guarantees that Company makes about this App, and Company does not make any guarantees other than those explicitly stated in this agreement.
Article 8 [Prohibited acts]
1. The user shall not perform the following actions when using this App.
(1) Actions that violate or may violate the law, or acts similar to them.
(2) Acts of illegally using personal information or similar acts.
(3) Criminal acts, acts that incite or facilitate criminal acts, or acts that may cause them.
(4) Acts of intentionally providing false information, or acts similar thereto.
(5) Acts of providing profits directly or indirectly to antisocial forces in connection with Company's services.
(6) Actions that may interfere with the operation of Company's services
(7) Unauthorized access to computers, telecommunications equipment, etc. operated by the Company or a third party, cracking, attacking, or similar activities.
(8) Other acts that violate the legal interests of others or use this App in a manner or manner that violates public order and morals.
Article 9 [Our audit]
If we have a suspicion based on reasonable evidence as to whether or not the user is using this App based on these terms of use of this App, Company may ask users to submit reports about it.
Article 10 [Valid period]
This agreement comes into effect when the user agrees to the terms of this agreement and it is considered that the contract regarding the use of this App has been completed.
Article 11 [Suspension of use, expiration of rights]
1. The user can stop using this application by uninstalling, destroying or deleting this application.
2. The Company may immediately suspend the right to use this application or revoke the right to use this application granted to the user without any notice or compensation if any of the following reasons occur to the user. Suppose. If the usage right expires, the user shall promptly destroy the program and data related to this application.
(1) When the user violates or is likely to violate any provision of this agreement.
(2) When the user violates the provisions of laws or ordinances including the copyright law and patent law regarding the handling of this application and others.
3. The revocation by the Company based on the preceding paragraph shall not preclude the right to claim compensation for the loss and damages suffered by the Company from the user.
Article 12 [Compensation for damages]
1. If the user violates this agreement, the Company shall be able to claim damages against the user.
2. Regardless of whether or not a claim for damages has been made, the Company may warn the user when it is found that there is a violation or a risk of violation.
3. If the Company is legally liable for damages to the user due to the intentional or gross negligence of the Company, the scope of the damages shall be limited to normal damages that actually occurred directly to the user regardless of the cause. We shall not be liable for lost profits, indirect damages, consequential damages, or special damages, even if we are informed of the occurrence.
4. Regarding the license of this application, the amount of compensation when we are liable for damages is the total amount of the usage fee of this application actually paid to us by the user for this application. It shall not exceed. However, this does not apply if it is due to our intentional or gross negligence.
Article 13 [Change of Terms of Service]
We may change this agreement at any time without the prior consent of the user. If this agreement is changed, the charges and all other matters related to this application will be based on the changed terms of service.
Article 14 [Force Majeure]
If the default or delay in performance of the obligations under these Terms is not under our control and due to circumstances of some nature that cannot be avoided by our reasonable care (hereinafter referred to as "force majeure"), the Company shall not be liable for the default or delay. And the default or delay shall not be regarded as a breach of this agreement. We shall not be liable for any delay and the failure or delay shall not be deemed a breach of this Agreement. The force majeure is not limited to the following, but is limited to natural disasters, acts of the government or government agencies, compliance with laws, rules and orders, fires, storms, floods, earthquakes, tsunamis, lightning bolts, typhoons, and plagues. , War (with or without declaration of war) War conditions, hostilities, terrorism, rebellion, revolution, riots, explosions, sea disasters, strikes, factory closures, other labor disputes, lack of energy supply or raw materials or control. ..
Article 15 [Governing law]
This agreement shall be governed by and construed in accordance with Japanese law, in spite of the applicable law rules of the law.
Article 16 [Jurisdiction Court]
The Tokyo District Court shall be the exclusive agreement court of the first instance for any dispute that arises between the Company and the user in connection with this agreement.
Article 17 [Others]
1. The user expresses that he / she is aware that this app may be subject to export restrictions of the US Department of Commerce or export restrictions based on similar laws or regulations of Japan, the EU and other related countries, and guarantees it.In addition, unless the user first obtains a valid export license required by the relevant laws and regulations, the user expresses and warrants that the application and related technical data and technical information provided by the Company under this agreement will not be taken out of the user's country or will not provided to a third party abroad.
2. The user will not be able to transfers all or part of the status under this usage contract and the rights arising from this agreement to a third party or uses it as collateral, without the prior written consent of the Company. And user shall not allow a third party to assume all or part of the obligations arising from this agreement.
3. Even if either party does not exercise any of the provisions of these Terms or any of the rights relating thereto, or does not exercise its options under these Terms, such provisions and rights will not be considered a waiver . In addition, it shall not affect the validity of this agreement in any way.
4. If any of the provisions of this Agreement is found to be illegal or invalid by the court of competent jurisdiction, the remaining provisions of this Agreement shall still be valid.
5. This Agreement constitutes the complete and sole agreement between the parties regarding the granting of the right to use the App, and any previous written or oral agreement between the parties will cease to be effective.
[Supplementary Provisions]
These Terms of Use will be applied from January 20, 2019.
Valida Corporation