Article 1 Terms of Service
These Terms of Service apply to all services (hereinafter referred to as “this service”) provided by Signtime K.K. (hereinafter referred to as “the Company”).
- A user who has applied to use this service and has been accepted by the Company (hereinafter referred to as the “User”) shall be deemed to have accepted the contents of these Terms of Service at the time of applying to use this service.
- The explanation, guidance, precautions, etc. of this service that we notify Users including the homepage etc. shall form part of these Terms of Service regardless of the name.
- The Company reserves the right to change these Terms of Service at any time without the consent of the User. The revised Terms of Service will be effective the next day (or the same day if required by applicable law), whichever comes first, either by posting on the Web or by any method we deem appropriate.
Article 2 Regarding changes in Specifications of the Service
- The Company reserves the right to change the functions and specifications of this service without prior notice.
Article 3 Formation of Usage Contract
- The usage contract between the Company and the User regarding the Service shall be established based on the content of these Terms of Service when the Company receives an application for use of the Service from the User using the form prescribed by the Company and the Company accepts such application.
Article 4 Use of the Service
- When the Company approves the application for the use of the Service as described in Article 3, the Company shall make the Service available to the User concerned.
- Users shall be responsible for the use and management of their own login ID (typically the email address) and password, and shall not allow any third party to use them. The Company shall not be liable for any damage caused by negligent management of the ID and password.
- The User shall bear all costs associated with the use of the Service (including costs associated with computers, other equipment, software, etc., and usage fees for telecommunication lines, etc.).
- The Service is provided to one User who uploads a contract or a document for the purpose of signature (hereinafter referred to as “Documents”) to the Service, and the other User agrees to this, so that the Users conclude an agreement via said Documents. The purpose is to leave a substantial audit trail as it relates to the Documents, but does not prove that the User who uses this service has the authority to make the agreement or is the User himself / herself.
- Except for the Documents uploaded by the User, all copyrights and other intellectual property rights for the Service and all information related to the Service belong to the Company or to the right holders who have authorized the Company to use them. The Company shall not transfer any intellectual property rights or other rights related to the Service to the User, and shall only grant the User a non-exclusive rights subject to compliance with these Terms of Service.
- The Company may restrict the use of the Service without prior notice to the User if it finds that the User has violated or is likely to violate laws or these Terms of Service in using the Service, or if there is a business need to do so.
Article 5 Provision of the Service to Third Parties
- The User shall not provide the Service to a third party or allow a third party to use the Service as part of its own business activities, whether for a fee or free of charge, without obtaining the prior consent of the Company.
Article 6 Prohibited Matters
- The User shall follow the necessary instructions issued by the Company for the smooth operation of the Service.
- The User shall not perform any act that interferes with or may interfere with the use or operation of our equipment (computer, communication equipment, other equipment and software) used for this service.
- The User shall not perform any of the following acts regarding the use of this service, regardless of the User’s intention or negligence.
- Acts that violate laws or public order and morals
- Criminal acts, or acts that give notice of, involve, or encourage such acts
- Posting or registering information that contains false or misleading content.
- Acts of impersonating a third party.
- Acts that impose a burden on the server beyond the scope of normal use, acts that encourage it, and other acts that interfere with the operation and provision of this service or the use of this service by other members, or interfere with them.
- Acts that infringe the intellectual property rights (patent rights, trademark rights, copyrights, trade secrets, etc.) of a third party.
- Infringement of a third party’s credit or honor, or infringement of a third party’s privacy rights, portrait rights, or any other rights.
- If the Company determines that a User has committed an act in violation of the preceding three items, the Company may suspend or restrict the use of all or part of this service by the User without notifying the User in advance.
- The Company will not be liable for any damages caused by the User not being able to use this service due to the measures set forth in the preceding paragraph.
Article 7 Limitation of Liability
- Each function of this service can be provided by the Company at the time of provision. The Company makes no warranty to you regarding the Service, including that the Service will be suitable for the Users particular purpose, have the expected functions, achieve the expected results, be of good quality, be provided in a stable manner, be free of defects, or be of any use whatsoever.
- As a result of using this service, the information and data of Users or third parties (hereinafter referred to as “data, etc.”, not limited to those stored on this service) may be lost or damaged. Even in such a case, we do not take any responsibility for any reason.
- The User shall save and manage the necessary data, etc. by himself/herself.
- The Company may make backups of the data, etc. on the Service for the purpose of countermeasures against failure of the Service. The fact that the Company has backed up the data on the Service does not in any way obligate the Company to restore the backed up data on the Service to the User, nor does it obligate the Company in any other way, and the Company’s responsibility in the event of loss or damage to data due to the use of the Service shall be as set forth in Section 2.
Article 8 Cancellation by the Company
- In addition to the matters prescribed in these Terms of Service, the Company may terminate the User Agreement for the Service without prior notice to the User if any of the following apply to the User
- When a User violates these Terms of Service
- When the User’s registered information is invalid or inaccurate.
- When the company is unable to contact the User at the provided electronic contact information, including but not limited to the user login ID.
- Creating multiple free accounts is prohibited unless specifically pre-approved in writing by the Company.
- When the Company deems that the manner in which the User uses the Service is offensive or inappropriate to public order and morals.
- The Company determines that the User is a crime syndicate, a member of a crime syndicate, a member of a crime syndicate related party, a general meeting of shareholders, an advocate of social activities, or a person related to any of the foregoing (hereinafter collectively referred to as “Anti-Social Forces”) or when the Company determines that there is a business, personal, or financial relationship with Anti-social forces.
- When a person uses fraudulent, violent, or threatening language against the Company, either by themselves or by using antisocial forces.
- When receiving a petition for seizure, provisional seizure, provisional disposition or other compulsory execution or delinquent payment or delinquent payment disposition is filed.
- When a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings or special liquidation proceedings is filed.
- When there is any other significant change in the User’s credit status.
- The Company shall not be liable for any damages incurred by the User as a result of the cancellation of the Usage Agreement under this Article.
Article 9 Compensation for Damages
- If the User violates these Terms of Service, falls under any of the items in Paragraph 1 of the preceding Article, or if the Company suffers damage due to the prohibited items specified separately by the Company, the usage contract will be canceled with or without the cancellation, the Company shall be able to claim compensation for damages suffered from the User.
- The damages set forth in the preceding paragraph shall also include compensation made by the Company for damages suffered by other Users.
Article 10 Measures after Termination of Usage Contract
- After the usage contract is terminated due to cancellation or other reasons, the Company shall be able to delete all data uploaded to the Service by the User.
Article 11 Paid Plans
- The User applies for a paid plan by expressing his/her intention to subscribe to a paid plan through a method prescribed by the Company. When the Company confirms such declaration of intent and approves the user’s use of the service after the Company’s prescribed screening, a contract for the use of the paid plan is established.
- The contract period for all paid plans is one year, unless specified in writing otherwise. Payment for these plans are typically a one-time annual payment or a monthly payment
- In the event of a user requested cancellation, no refunds will be given, and the customer will retain the obligation to pay the remaining time on the subscription.
- Subscriptions are automatically renewed unless the User requests cancellation at least 20 days prior to the anniversary date of the plan subscription.
- The number of Documents sent will be measured per month and reset monthly on the anniversary date unless specifically confirmed in writing by SignTime.
- If the User wishes to exceed the maximum number of Documents for a paid plan during a specific period, it is possible to add additional Documents by purchasing a pack of the r of Documents for each plan. The availability of additional Documents and the price of the pack for the number of items specified for each plan may vary depending on the plan.
- The number of additional Documents purchased expires on the monthly anniversary date set for each user. Balances are not carried over.
- Long Term Signature Option (PaDES) and SMS Options require the purchase of a pack of the number of messages specified for each plan. If the maximum number of free messages is exceeded after purchase, the maximum number of free messages for long-term signature and SMS will be added after the automatic purchase of a new pack for the number of free messages specified for each plan.
Article 12 About Scanner Storage Service
- The contract period for each plan containing the ScanTimeservice is one year minimum, with automatic renewals in one year increments unless otherwise confirmed in writing and signed by SignTime.
- Adding the scanner storage service to your current Business Plan will automatically change your current anniversary date to the date of the addition.
- In the event of a user requested cancellation, no refunds will be given, and the customer will retain the obligation to pay the remaining time on the subscription.
- Subscriptions are automatically renewed unless the User requests cancellation at least 20 days prior to the anniversary date of the plan subscription.
- Regardless of storage usage, fees will be charged regularly during your contract period.
Article 13 Payment of Fees
- When a User signs up for a paid plan, the User shall pay the amount separately determined by the Company as the usage fee for the Service, and as the fee related to the plan by the method prescribed by the Company.
- The User shall pay all fees associated with the use of the Service to the Company in a timely manner. Usage fees paid by the User are non-refundable, except as explicitly stated in these Terms of Service.
- The User shall pay such fees regardless of whether or not the User uses the Service.
- The User shall pay the full amount of such fees to the Company in advance. However, when there is a separate agreement between the User and the Company regarding the terms of payment, that agreement shall take precedence.
Article 14 Interest on overdue charges
- If the User does not fulfill the usage fees and other obligations of the Service after the payment due date, the User shall pay the amount calculated at the rate of 14.6% per annum for the number of days from the day after the due date to the day before the date of payment, as an overdue payments, in a lump sum in cash by the date designated by the Company, together with the usage fees and other debts.
- The User shall bear all bank transfer fees and other expenses necessary for the payment in the preceding paragraph.
Article 15 Termination of the Service
- When the Company terminates the provision of this service, the Company shall notify the User in advance. However, this shall not apply in the case of an emergency.
- The notice set forth in the preceding paragraph shall be posted on the homepage of the Service, and it shall be deemed that all Users have been notified when one month has passed after the post.
- Regardless of the reason, the Company shall be exempted from any and all damages incurred by the User due to the termination of the Service as a result of the notification in Paragraph 1.
Article 16 Disclaimer
- The Service provides evidence of agreements on Documents concluded between Users using the Service, and except for the fact of such agreements, the Service makes no guarantees and assumes no responsibility for transactions between Users based on such agreements.
- Users shall use the Service at their own risk, and shall be fully responsible for any and all actions taken on the Service and the results thereof. When the Company incurs damages as a result of the User’s use of the Service, the User shall compensate for such damages.
- The User agrees in advance that the use of the Service or the services that the Company is affiliated with may be suspended for a certain period of time due to stoppages for inspection, repair, or maintenance of facilities, stoppages due to accidents involving computers or communication lines, natural disasters, unauthorized access from third parties, or other unavoidable circumstances.
- The Company does not guarantee the operation of any equipment, lines, or software used by the User when using the Service, and shall not be obligated to compensate for any damage caused based on these environments.
- The Company shall not be responsible for any damages caused by changes, suspensions, stoppages, or malfunctions of this service or services affiliated with the Company.
- The Company shall not be liable for any damages, troubles, or other matters that may occur to Users or third parties in the services provided by the Company or services affiliated with the Company, and the Company shall not compensate for such damages or troubles.
- The Company and the User agree in advance that in the event that the Company should be held liable to the User or a third party due to reasons such as the exemption clause in these Terms of Service not being applied, the maximum amount of compensation for damages shall be the fee paid by the User to the Company for using the Service, regardless of the number of such damages, unless the Company is intentionally or grossly negligent.
Article 17 Dispute Resolution
When a problem or dispute arises between the User and the Company with the Service, the User shall attempt to resolve the dispute through consultation and negotiation in good faith with the Company for a period of thirty days from the time the User contacts the Company regarding the problem before legal proceedings are taken. Please note that the above consultation period does not apply to claims for unpaid fees related to the Service or other claims from the Company to the User.
Article 18 Privacy Information
- The Company shall properly handle the User’s privacy information and personal information in accordance with the “Privacy Policy”.
- The websites of the Company’s business partners have separate privacy policies from our company. The Company has no obligation or responsibility for these policies or activities.
- The Company and the User shall be responsible for the confidential information (this refers to information disclosed by the other party in relation to the Service and content uploaded by the User on the Service that is designated to be treated as confidential). with a duty of care, and shall not provide, disclose, or leak such information to a third party without written or electromagnetic consent. However, this does not apply to cases where disclosure is required by law.
Article 19 Prohibition of Transfer of Rights and Obligations
- The User may not assign all or part of the contractual status and the rights and obligations arising from it to any third party without the prior written consent of the Company for all contracts under these Terms of Service.
Article 20 Governing Law and Jurisdiction
- The contract for this Service shall be governed by the laws of Japan, and the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction in the first instance over any disputes related to this Service.
Enacted and enforced on March 28, 2021
Revised on September 1, 2022
Revised on December 9, 2022
Revised on December 4, 2023