Chapter 1. General Provisions
- The post-change terms will become effective when posted on the Service Website. If User uses even one part of the Service after the post-change terms become effective, Nekojarashi will deem such User to have consented to the content of the post-change terms.
Article 3. Definitions
- (i) “User” means the individual, group or entity that completes user registration of the Service.
- (ii) “Paid Plan User” means, of the Users, the User who chooses the paid plan designated by Nekojarashi and uses the Service.
- (iii) “Free Plan User” means, of the Users, the User who chooses the free plan designated by Nekojarashi and uses the Service.
- (iv) “User Terminal Facilities” means the PC terminal, mobile phone terminal, tablet terminal, communication device, communication line and network facilities that User uses to use the Service.
- (v) “Service Website” means the website to use the Service on the web browser.
- (vi) “Service Software” means the software used by installing onto a PC terminal and the application used by installing onto mobile phone terminals/tablet terminals, such as smart phones, for the purpose of increasing convenience.
- (vii) “Credentials” means the combination of the ID (or registered e-mail address) and password required for logging in when using the Service on the Service Website and Service Software.
- (viii) “Saved Data” means all data files, etc. sent or saved on the disk space of the Service by User using the Service.
- (ix) “Service Server” means the server machine, of which the disk space Nekojarashi loans out to each User in providing the Service
- (x) “Service Facilities” collectively means the Service Servicer, the data center where the Service Server is located and the electronic communication facilities of such data center.
- (xi) “Separate Terms” means separate terms, guidelines, warnings regarding use and other provisions regarding the Service separately provided by Nekojarashi.
Article 4. Notice
- (i) Posting to the Service Website; or
- (ii) Sending of e-mails, documents via fax or postal mail, etc. to the registered contact addresses of Users (the e-mail address, home address, etc. registered at the time of user registration pursuant to Article 9 is determined solely by Nekojarashi.
- The notice in Article 4(1) above becomes effective at the time and date that they are posted on the Service Website, at the time they are sent via e-mail, or after a reasonable amount of time for their delivery by postal mail has passed. Furthermore, in the event Nekojarashi gives adequate notice based on the preceding Article 4(1), Nekojarashi shall not be liable for any damages that arise due to User not confirming or not being able to confirm such notice.
Chapter 2. Contents of Service
Article 5. Contents of Service
- The contents of the Service Nekojarashi provides to User is as follows, and the details, etc. thereof are as posted on the Service Website:
- (i) Providing service of loaning out to Users the disk space of the Service Server, and of functions using that disk space, such as uploading, downloading, browsing, sharing and managing folders of data files;
- (ii) Providing Service Software;
- (iii) Providing support service to Paid Plan Users;
- (iv) Providing option services such as add-ons;
- (v) Providing other services and functions posted on the Service Website; and
- (vi) Providing services and functions incidentally relating to the above items.
- Nekojarashi shall be able to add, delete or change, as needed, the contents and functions, etc. of the Service without prior notice based on Nekojarashi’s determination. In this instance, as a general rule, Nekojarashi shall notify User of the contents, etc. after the fact by posting on the Service Website, etc., but in instances of minor additions, deletions or changes, etc., based on in its determination, Nekojarashi shall be able to not give notice.
- If there is any reason that falls under the following,
User shall consent in advance that there will be instances where Nekojarashi cannot adequately provide the Service to such User:
- (i) Where there is falsity, mistakes or omissions, etc. in the content inputted by User with respect to the information necessary for Nekojarashi to provide the Service to User;
- (ii) Where information necessary for Nekojarashi to provide the Service to User cannot be obtained from such User; or
- (iii) Where User cannot receive e-mails sent by Nekojarashi regarding the Service due to filters being set, etc. in User’s e-mail receiving environment.
Article 6. Service Software
- In order to further increase convenience, User can use the Service Software or add-ons, etc. by downloading it through the Service Website or a smart phone application download site and installing it onto a PC terminal or mobile phone terminal/tablet terminal, such as a smart phone, for using the Service. Furthermore, User shall consent in advance that there are instances where functions, such as Service Software and add-ons, are automatically added, deleted or changed, etc. in association with the addition, deletion or changes, etc. to the contents and functions of the Service.
- User shall only be able to use the Service Software and add-ons, etc. for the purpose of using the Service, and may not use it for purposes other than such purpose.
- In the event User downloads and uses a paid add-on, User must pay Nekojarashi the usage fee for such add-on under Article 11 and Article 12.
Article 7. Support Service
- Nekojarashi will provide to Paid Plan Users support service for inquiries for basic operating methods and each function in using the Service on the following conditions:
- (i) Only inquiries by e-mail sent to the e-mail address for inquiries posted on the Service Website will be responded to; and
- (ii) Responses to inquiries will be made from Monday through Friday, from 10 AM to 6 PM, Japan time (excluding public holidays, Nekojarashi’s summer and winter holidays, and other holidays provided by Nekojarashi).
- The matters provided below are all beyond the scope of the support service:
- (i) Matters regarding the use of Service by methods other than the methods of generally intended use;
- (ii) Support by telephone and business travel support; and
- (iii) Confirmation and verification of compatibility with another company’s merchandise.
- Support service by Nekojarashi is provided solely as advice to User, and does not warrant the resolution of specific issues, service of User’s specific purpose, and other repairs of defects, etc.
Article 8. Outside the Scope of Service
- The following matters are all beyond the scope of the Service and shall be handled in the determination and responsibility of each User,
and Nekojarashi shall not be liable therefor:
- (i) Data transfer work and Service implementation work associated with use of the Service;
- (ii) Work involved in setting up, etc. of User Terminal Facilities for use of the Service; and
- Besides those provided in the preceding Article 8(1),
restoration from failures, etc. due to the following reasons are all beyond the scope of the Service,
and Nekojarashi is not liable for the restoration from these failures, etc.:
- (i) Failures, etc. of Service due to User Terminal Facilities;
- (ii) Failures, etc. of Service due to third-party acts;
- (iii) Failures, etc. of Service due to User’s use of the Service by methods other than those generally intended or other reasons attributable to User; and
- (iv) Failures, etc. of Service due to reasons not attributable to Nekojarashi, such as fire, blackouts, earthquakes and other natural disasters and force majeure.
Article 9. User Registration
- Those who wish to use the Service are required to register as a user of the Service when using the Service.
- Notwithstanding the preceding Article 9(2), in the event it is revealed that
User falls under any of the following matters for not approving user registration, Nekojarashi shall reserve,
not approve or cancel user registration on Nekojarashi’s determination:
- (i) If User has in the past violated the terms, etc. of Nekojarashi’s service or website operated by Nekojarashi (including non-payment of fees);
- (ii) If User is a minor and has not obtained consent from a guardian;
- (iii) If User conducts multiple user registrations without a valid reason;
- (iv) If there are falsehoods or mistakes in the content entered through the user registration;
- (v) If credit approval cannot be obtained from a credit card company in cases where User wishes to pay usage fees by credit card; or
- (vi) If Nekojarashi determines as reasonable to reserve, not approve or cancel user registration based on standards prescribed by Nekojarashi on its own.
- Nekojarashi shall provide the Service only to Users who have registered as users, and in the event User’s user registration is lost regardless of the reason, such as the rescinding or cancelation of user registration, Nekojarashi may immediately suspend the provision of the Service.
- Notwithstanding the preceding Article 9 (3) and 9(4), in the event it is difficult to accept user registration based on the Service technology or operations, Nekojarashi may cease the acceptance of user registration until such situation is resolved.
Article 10. Changing the Usage Plan
- User shall be able to change the usage plan of the Service as needed by going through the procedures to change the plan through the Service Website.
- At the point the procedures to change the plan in the preceding Article 10(1) are completed, the post-change plan shall be applicable to such User, and thereafter, User shall be able to use the Service according to the content of the post-change plan. However, when payment information is chosen in such procedures to change the plan, in the event credit approval cannot be obtained from the credit card company although such User desires to pay fees by credit card, Nekojarashi will not approve such change of the plan. In this instance, the prior existing plan will continue to apply to such User.
Chapter 3. Usage Fee
Article 11. Usage Fee
- The Paid Plan User shall pay Nekojarashi every month the usage fee for the chosen plan. In addition, in the event the option service, such as add-ons, is used regardless of the plan, usage fees relating to such use shall be paid to Nekojarashi.
- The usage fee in the preceding Article 11(1) shall not be calculated on a pro rata basis even when the start date or termination date of the use of the paid plan or option service is in the middle of the month.
- The usage fee will be calculated as of the 25th day of every month (“Cutoff Date”). Furthermore, even in the event user registration or option service is canceled in the middle of the month, those who are Paid Plan Users or option service Users have the obligation to pay Nekojarashi the usage fee relating to the use for such month. In addition, with respect to Users who change the use plan in the middle of the month, such Users have the obligation to pay Nekojarashi the usage fee calculated by the day for the plan of applicable to such Users before and after changes.
- If any of the following applies, Nekojarashi may increase the amount of the monthly usage fee.
In this instance, Nekojarashi will notify User of such in either method described in each item of Article 4(1):
- (i) When the Service contents and functions, etc. provided are greatly expanded or added; or
- (ii) When Nekojarashi determines that there is an unavoidable reasonable reason for increasing the amount of the usage fee based on the Service technology or operations.
Article 12. Payment Method
- User’s payment method to Nekojarashi of the usage fee described in the preceding Article 11 is chosen by User on the Service Website, and is based on the payment information entered. Furthermore, regardless of the payment method, in the event handling fees relating to the payment to Nekojarashi arise, such handling fees are borne by User.
- In the event a reason falling under any of the following arises, Nekojarashi will suspend the provision of the Service to such User until the problem is resolved or may take necessary measures such as cancelling user registration:
- (i) In the event when payment information of such User is by credit card, and payment cannot be made based on such credit card information (if credit is not approved, etc.); or
- (ii) In the event when payment information of such User is by bill paying, and payment was not made by the payment due date stated in such bill.
Article 13. Late Interest Charge
- In the event User is fraudulently exempted from payment based on usage fees and other monetary obligations owed to Nekojarashi, User shall pay, in addition to the exempted amount, an amount equal to the exempted amount as a premium, to Nekojarashi in the method specified by Nekojarashi.
- If User is late on the payment based on usage fees and other monetary obligations owed to Nekojarashi, User shall pay late payment charges on 14.6% annual interest, calculated on a per diem basis on a 365 day year, and imposed on such monetary obligation, from the day after the payment due date until payment is completed, to Nekojarashi in the method specified by Nekojarashi.
Article 14. Consumption Tax
- With respect to the payment based on the usage fee and other monetary obligations owed to Nekojarashi, when consumption tax and local consumption tax are imposed on such payment according to the Consumption Tax Act and provisions of the laws and regulations relating to the Consumption Tax Act, User shall, when making such payment, also pay the consumption tax and local consumption tax therefor.
Article 15. Fractions
- In calculating the usage fee and other monetary obligations owed by User to Nekojarashi, if a fractional point less than one yen arises as a result of that calculation, such fractional point shall be cut off.
Chapter 4. User’s Obligations and Responsibilities
Article 16. Credentials
- User shall take responsibility to manage the Credentials and must not have a third party use the Credentials, or loan, assign and pledge, etc. the Credentials. Furthermore, even if damages are incurred by User or a third party by User losing or leaking the Credentials, Nekojarashi shall not be liable.
- If it is revealed that the Credentials have leaked to a third party and are being used or there is a possibility thereof, User shall communicate to Nekojarashi of such without delay and comply with Nekojarashi’s instructions with respect to the response thereafter. Furthermore, in this instance, Nekojarashi may take measures such as suspending the use of such User’s Credentials upon notifying such User in advance by either method described in the items in Article 4(1).
- Nekojarashi will deem all acts engaged in by using User’s Credentials as the acts by such User, and even if such acts are third party acts through fraud or unfair use, etc., Nekojarashi is not liable for damages, etc. arising thereof, excluding when due to Nekojarashi’s intentional or gross negligence. In addition, such User shall not be able to be exempt from obligations against Nekojarashi that arise in relation to such third party’s use of the Credentials.
Article 17. Responsibilities for Use of Service
- User shall use the Service upon compliance with the following matters:
- (i) At User’s own responsibility and expense, prepare and maintain and manage User Terminal Facilities necessary for using the Service;
- (ii) Use the Service at User’s own will, and be liable for the use of the Service along with any responsibility with respect to the contents of the Saved Data sent and saved through the use of the Service and all other acts engaged in based on the use of the Service; and
- (iii) Information, etc. obtained by User under the use of the Service will be used at User’s own responsibility and determination.
- User himself shall be liable for the extent of disclosure of the Saved Data, and even if it becomes an unintended situation due to User’s mistake in operation, etc., Nekojarashi shall not be liable.
- User shall at User’s own responsibility conduct encryption such as setting passwords with respect to highly confidential data files of the Saved Data and shall take back-up measures at User’s own responsibility with respect to other data files that are recognized as being especially required to be saved. Furthermore, Nekojarashi is not liable for damages, etc. arising due to User failing to take such conduct or measures, etc.
- In the event damage is inflicted on a third party or a dispute, etc. arises with a third party due to the use of the Service, User shall resolve such situation at such User’s own responsibility, and Nekojarashi shall not be liable for such damages and disputes, etc.
Article 18. Changes to User’s Registered Information
- In the event changes arise as to the registered e-mail address or information such as payment information, etc. with regard to the use of the Service, User shall register the changes without delay. Furthermore, Nekojarashi is not liable even if damages, etc. are incurred by User or a third party due to there being no changes or due to there being a delay in registering changes.
Article 19. Prohibited Matters
- User must not engage in acts that fall or are likely to fall under any of the below acts, or are reasonably determined so by Nekojarashi:
- (ii) Acts that infringe on Nekojarashi or a third party’s copyrights, intellectual property rights, privacy rights, image rights, reputation and other rights protected by law;
- (iii) Acts to assign, loan or pledge as security even a part of the position and rights and obligations as User without prior consent of Nekojarashi;
- (iv) Acts listed below along with acts of sending or storing the following types of communication (including via the use of voice, images, or video) by the User or to other Users of the Service are prohibited by Nekojarashi.
- (a) Communications involving the sending or saving of Child Pornography or information constituting child abuse;
- (b) Communications that contain malicious or cruel expressions;
- (c) Communications that contain computer viruses or other harmful computer programs;
- (d) Communications containing the use of obscene language;
- (e) Communications containing anti-social expressions;
- (f) Communications containing expressions that cause others discomfort;
- (g) Communications involving the sending or saving of data in violation of laws and ordinances.
- (v) Acts of using the Service mainly for the purposes of meeting, etc. strangers;
- (vi) Acts of sending or saving harmful computer programs, etc. through the use of the Service, or placing it in a situation that enables reception by third parties;
- (vii) Acts of sending e-mails that harass, annoy, etc. in large quantities and similar acts;
- (viii) Acts of deactivating restrictions on the use of the Service’s functions and deactivating the access control function of the Service Facilities, or distributing information, devices, software, etc. relating thereto;
- (viii) Acts of distributing of videos or sites that make intensive use of the Service, Service Software, or Service Facilities and acts that place a heavy load on the servers. Acts that significantly decrease server performance or the act of allowing of a third party to carry out such acts;
- (x) Acts of disclosing information regarding the server name, server IP address, credentials, etc. of the Service to any unspecified third parties without the consent of Nekojarashi;
- (xi) Acts of illegally using another User's Credentials or any similar crime;
- (xii) Acts of using the Service as an instrument of crime, such as gambling, business interruption, fraud, etc;
- (xiii) Acts of setting up pyramids (Ponzi scheme) or soliciting therefor; or
- (xiv) Causing problems towards other Users or participating in any conduct deemed as causing grievance to others. Any act of annoying other Users or any action deemed by Nekojarashi to cause annoyance;
- (x) Besides the above items, acts that violate laws and regulations and public order and morals, any other acts that interrupt the Service operations; any acts that damage Nekojarashi’s credibility or infringe on its property, and other acts that Nekojarashi deems as inappropriate.
- By using this service, the User agrees that the following are not applicable.
- (i) User (whether as an individual, shareholders, or persons with substantial management rights in a group) is or was ever an organized crime group, a member of an organized crime group, an partial member of an organized crime group, an organization affiliated with an organized crime group, an extortionist, a social movement racketeer, a political racketeer, a special intelligence violence group, or the equivalent to any of the preceding (hereafter referred to as "anti-social force(s)");
- (ii) User was recognized as being involved in an anti-social force involving persons, capital, or economics (including involvement in economic transactions with unfair profits);
- (iii) User claimed to be a part of an anti-social force or that affiliated persons were part of an anti-social force;
- (iv) User or a utilized third party used fraud, violence, or threats against another party;
- (v) User or a utilized third party acted to damage or destroy another party's honor or credibility;
- (vi) User or a utilized third party acted to obstruct the business of another party;
- (vii) User or a utilized third party acted illegally in making demands exceeding legal liability;
- (viii) User repeatedly violates laws and ordinances or acts counter to public orders and moral, or such behavior becomes apparent.
- In using this service, User affirms that the following are not applicable.
- (i) User received or receives seizures, provisional seizures, and provisional dispositions from a third party, or that User received an auction claim or such a claim becomes evident;
- (ii) User has initiated civil rehabilitation or corporate reorganization proceedings, bankruptcy proceedings, or similar legal proceedings;
- (iii) User has received non-payment disposition from a clearing house in times of payment cessation, unpaid bills, or bounced checks;
- (iv) User received a suspended business or had User's business license revoked.;
- (v) User had to dissolve a business, etc. due to continuing difficulty;
- (vi) User will have difficulty in fulfilling this contract due to shareholder composition, management entities, etc, or the effectiveness of this contract will be hindered by the seriousness thereof;
- (vii) The financial situation of User has deteriorated or such deterioration is found likely to occur.
- In the event Nekojarashi determines that User’s act falls under or is likely to fall under any of the preceding items, Nekojarashi shall suspend the provision of the Service upon immediate cancellation of such User’s user registration, or may take measures that Nekojarashi determines as appropriate, such as deleting data or Credentials relevant to the act falling under or is likely to fall under the preceding item. Furthermore, this Article 19(4) does not stipulate Nekojarashi’s obligation to supervise.
- In the event Nekojarashi is unable to take the measures of the preceding Article 19(4), Nekojarashi may request such User to delete the data or Credentials relating to the act that falls under or is likely to fall under any item of Article 19(1) to 19(3), or to take other appropriate measures as determined by Nekojarashi.
- In the event there is a demand, etc. to such User to verify facts and a demand from a third party, Nekojarashi may request as a substitute for, or along with, the measures or requests described in the preceding Articles 19(4) and 19(5), adjustment with such third party, and such User shall respond to the related request.
Chapter 5. Rights and Handling of Data
Article 20. Handling of Saved Data
- Proprietary and any other rights to the Saved Data that User sends and saves through the use of the Service will not transfer to Nekojarashi, and the rights will continue to belong to and be reserved by such User.
- Nekojarashi will operate the Service without accessing User’s Saved Data, except in the below instances:
- (i) When it is necessary to respond to failure, etc. of the Service and the Service Facilities;
- (ii) When it is necessary to provide support service;
- (iii) When it is necessary for the promotion of the Service;
- (iv) When consent is obtained from such User to access, etc. the Saved Data;
- (v) When it is necessary for an investigation by Nekojarashi if violations of Article 19 occur or are suspected to occur objectively;
- (vi) In addition to the items above, when it is necessary to smoothly provide, improve, maintain, etc. the Service.
- In the event of the items of the preceding Article 20(2), User gives advance permission to Nekojarashi to access and use, etc. such User’s Saved Data to the extent necessary.
Article 21. Loss or Damage of Saved Data
- Nekojarashi shall use its best efforts to protect Saved Data so it is not lost or damaged, and if in the event User’s Saved Data is lost or damaged, etc. due to failure of the Service or the Service Facilities, Nekojarashi shall do its best to take measures to restore the data to the extent possible.
- The preceding Article 21(2) does not warrant the completeness or preservation of the Saved Data, and even if a portion of the Saved Data is lost or damaged, etc. due to force majeure or other reason not attributable to Nekojarashi, Nekojarashi is not liable for User’s damages, etc. arising as a result thereof.
Article 22. Retention Period of Saved Data
- There is no limitation on the retention period of Paid Plan User’s Saved Data, but the retention period of Free Plan User’s Saved Data (including Credentials) is 30 days from the last log in date of such User, and if such period passes, all of the Saved Data will be deleted. However, even with a Free Plan User, in the event payment information is registered, the retention period will be unlimited, similar to that of a Paid Plan User.
Article 23. Intellectual Property Rights of Service
- Copyrights and other intellectual property rights regarding the Service belong to Nekojarashi or the duly right holder who gives licenses to Nekojarashi, and User’s use of the Service shall neither exert any sort of influence on the vesting of these rights nor have any right relating to them in any case. Accordingly, of the information, images, video, trademarks and logo marks, along with the programs, etc. of internal software obtained or used by User in using the Service, User may use those to which Nekojarashi has rights only for the purpose of using the Service, and may not use them for any other purpose without the prior written consent of Nekojarashi.
Chapter 6. Suspension, Termination of Service
Article 24. Suspension of Service
- Nekojarashi may temporarily suspend the provision of the Service as needed and conduct maintenance, etc. upon notifying User in advance by either method described in each item of Article 4(1). Furthermore, in instances of unavoidable emergency, notification may be made after the fact according to Nekojarashi’s determination.
- In the event a reason falling under any of the following arises, Nekojarashi may temporarily suspend
the provision of the Service without notifying User in advance:
- (i) When an emergency situation occurs relating to the maintenance of or work on the Service Facilities;
- (ii) When the Service Facilities stop due to an accident, etc., or other unexpected malfunction, etc. of the system relating to the Service arises;
- (iii) When providing the Service becomes difficult or impossible due to force majeure, such as damages by a virus that cannot be prevented with a general virus countermeasure, fire, blackouts, and natural disasters;
- (iv) When temporary suspension is necessary due to measures under laws and regulations, etc.; or
- (v) When Nekojarashi determines that suspension or discontinuance is required for other reasons.
- Under no circumstances shall the Company be liable for any damages incurred by Users arising out of any measures taken by the Nekojarashi pursuant to this Article 24.
Article 25. Revocation of Service
- In the event any of the following applies, Nekojarashi shall be able to revoke the provision of a
part or all of the Service to User. However, with respect to the revocation of service, in
unavoidable emergency situations, Nekojarashi shall be able to immediately revoke regardless of
whether or not any of the following applies:
- (i) When User is notified by any of the methods described in each item of Article 4(1) by seven days before the revocation date; or
- (ii) When Nekojarashi determines that there is no prospect of resolving the events written in the items of Article 24(2).
- In the event the option service of the Service is revoked based on the preceding Article 25(1), and in the event such revoked option service was for a fee, Nekojarashi shall return to User using such option service the usage fee for such option service for the month in which it is revoked. Furthermore, Nekojarashi’s responsibility regarding the revocation of the option service is limited to this, and Nekojarashi is not liable for other revocations of the Service.
Article 26. Cancellation of User Registration
- User shall be able to cancel user registration at any time through the user registration cancellation form on the Service Website.
- In the event Nekojarashi determines that User falls under or is likely to fall under any of the following,
Nekojarashi shall be able to immediately suspend provision of the Service to such User or take measures that
Nekojarashi determines to be appropriate, such as canceling user registration:
- (i) When User violates the provisions of Article 19 (Prohibited Matters);
- (ii) After user registration by User, when it is revealed at the point of user registration or when it is revealed after user registration by such User that such User falls under any of the matters for not approving user registration described in each item of Article 9(3); or
- (iii) Whenever else Nekojarashi determines as proper to take measures.
- Nekojarashi shall be able to immediately delete the Saved Data of Users whose user registrations have been canceled. However, this does not apply to data, etc. remaining on external servers, and Nekojarashi does not assume any obligations to clear, etc. all such data.
Chapter 7. Nekojarashi’s Responsibilities
Article 27. Interruption of Service
- Nekojarashi shall maintain and manage to its best efforts so that failure to the Service and Service Facilities do not arise, and in the event a failure arises, Nekojarashi shall notify Users of the failure information such as by posting on the Service Website, and on top of that shall use its best efforts to overcome the failure as soon as possible.
- After overcoming the failure of the preceding Article 27(1), Nekojarashi shall notify Users such as by posting on the Service Website the cause, etc. of such failure.
Article 28. Extent of Liability for Damages
- In the event the condition becomes one where User cannot use the Service as normal due to a defect or failure, etc. of the Service that is attributable to Nekojarashi, and to the extent where that condition continues for more than 24 consecutive hours from the time Nekojarashi learns that there is such a condition (“Time of Awareness of Failure”), Nekojarashi shall be liable for damages for User’s damages due to such. Furthermore, the failure in each item of Article 8(2) and suspension of the provision of the Service under Article 24 is exempt from the liability for damages described in this Article 28(1).
- The maximum amount of compensation for damages based on the liability for damages in the preceding Article 28(1) will be the pro rata amount derived from User’s usage fee for that month in accordance with the number of days from the Time of Awareness of Failure until the failure is resolved (every 24 hours will be counted as one day, and any portion not amounting to 24 hours will be cut off). Furthermore, in the even such User is a Free Plan User and does not pay Nekojarashi a usage fee, Nekojarashi’s responsibility for compensation of damages does not arise.
- Besides the liability for damages by the preceding Article 28(1) and 28(2), Nekojarashi shall not be liable for damages directly or indirectly incurred by User or a third party due to a defect or failure of the Service.
- In the event Nekojarashi causes damages to User intentionally or by gross negligence as to the Service, Nekojarashi will be liable for the compensation of damages up to the limit of an amount equal to such User’s most recent monthly usage fee.
- In the event User falls under a “Consumer” of Article 2-1 of the Consumer Contract Act (May 12, 2000, Law No. 61; including amendments), the provision of Article 28(2) shall not apply, and “by negligence” shall be substituted for “intentionally or by gross negligence” in the preceding Article 28(4).
Article 29. Exclusion of Liability
- Nekojarashi is not liable for any warranties with respect to technological and commercial completeness, accuracy and utility of the quality and function of the Service, and does not warrant that there are no defects or that failure will not arise in the Service. Furthermore, there may be instances where the quality and function of the Service cannot be maintained and changes, etc. to the function are made by necessity due to amendments, etc. to laws and regulations, but Nekojarashi is not liable even in these instances,.
- Nekojarashi does not warrant that the Service will perform normally on every PC terminal, smart phone terminal, tablet terminal, and OS, web browser and every version thereof, and has no obligation to conduct performance verification and enhancement support, etc. to provide such guarantee.
- In the event Nekojarashi takes measures or responses provided below, Nekojarashi is
not liable even if User or a third party incurs damages:
- (ii) Addition, deletion or change to the content and function, etc. of the Service under Article 5(2);
- (iii) Suspension of the provision of the Service under Article 5(3);
- (iv) Reservation, non-approval or cancellation of user registration under Article 9(3);
- (v) Ceasing acceptance of user registration under Article 9(5);
- (vi) Non-approval of changes to the Service plan under Article 10(2);
- (vii) Increase in the amount of usage fees for the Service under Article 11(4);
- (viii) Suspension of the provision of the Service to User or measures to cancel user registration, etc. under Article 12(2);
- (ix) Measures to suspend use of the Credentials under Article 16(2);
- (x) Measures or demands under Article 19(2) through 19(4);
- (xi) Suspension of the provision of the Service under Article 24;
- (xii) Measures under Article 26(2); and
- (xiii) Deletion of the Saved Data under Article 26(3).
- Nekojarashi shall not be liable for damages arising from reasons not attributable to Nekojarashi, including force majeure such as natural disasters, damages arising from a special circumstance regardless of whether or not it was foreseeable, as well as indirect damages, consequential damages, loss of data, interruption of operations, etc. with respect to the Service and in whatever instance.
Chapter 8. Miscellaneous Provisions
Article 30. Business Collaboration
- Nekojarashi may delegate to a third party that Nekojarashi determines as appropriate a part or all of the operations relating to the Service, and may collaborate operations with a third party that Nekojarashi determines as appropriate with respect to the Service.
- User will give advance consent to Nekojarashi for disclosing to the delegatee in the preceding Article 30(1) any information regarding the Service within the scope of each item of Article 20(2) upon executing in advance with such delegatee an agreement with respect to protecting personal information and confidential information.
Article 31. Standard Time
- The standard time applicable to the provision of the Service shall all be according to the time managed within the Service Server, and Nekojarashi shall not warrant the detailing or utility of the time information actually indicated with respect to the Service.
Article 32. Partial Invalidation
Article 33. International Use
- In the event User uses the Service in a country other than Japan, User must comply with the laws and regulations and ordinances, etc. in the country or region in which such User uses the Service, along with Japanese law, with respect to acts on the internet and contents of the Saved Data based on the use of the Service.
Article 34. Dispute Resolution
Enacted on March 14th, 2013
Revised on April 9th, 2018