Article 1. General
Article 2. Definitions
- “Applicant” means an entity, group or individual that wishes to use the Services;
- “Membership Registration” means the registration made by Applicant for using the Services, in accordance with the method provided in Article 3;
- “Registered Information” means the information, as set forth by FROSK, which has been registered by Applicant or Member at the time of the Membership Registration, the information that FROSK deems necessary and requests to be registered during the use of the Services, and the information added or changed by such Member with respect to the above-mentioned information.
- “User ID” means a symbol that is used in combination with a Password to distinguish Member from others;
- “Password” means a symbol that is used in combination with a User ID to distinguish Member from others;
- “Account” means a User ID and a Password registered and issued to Member by FROSK in order to distinguish such Member from others;
- “FROSK Website” means the website operated by FROSK, the domain of which is “smrtbeat.com” (if the domain or contents of the FROSK Website is changed for any reason, such changed domain shall be included);
- “Fee-Based Services” mean the services among the Services that are available by Member upon such Member paying usage fees, etc., to FROSK; and
- “Intellectual Property Rights” mean copyrights, patent rights, utility model rights, trademark rights, design rights and other intellectual property rights (including the rights to obtain such rights and the rights to apply for registrations, etc., for such rights).
Article 3. Membership Registration
- FROSK shall determine whether or not to approve the registration of such Applicant in accordance with FROSK’s examination standards, and if FROSK approves of the registration, FROSK shall notify such Applicant to that effect, and Membership Registration shall be completed upon such notice.
- If Applicant who applied for Membership Registration pursuant to Paragraph (1) falls under any of the events set forth in any of the following items, FROSK may reject such Applicant’s registration:
- Any false entry, error or omission is made with respect to all or part of the Registered Information provided to FROSK;
- Such Applicant already has been or is being subjected to measures to suspend such Applicant’s use of the Services, such as having had such Applicant’s Account deleted, etc., in using the Services;
- Such Applicant is a minor, an adult ward, or a person under curatorship or assistance, and has not obtained the consent, etc., of a legal representative, a guardian, a curator or an assistant;
- Such Applicant is an anti-social force, or the like (an organized crime group, a member of an organized crime group, a right-wing group, an anti-social force or any other person similar to the above; the same applies hereinafter) or such Applicant is deemed by FROSK to be interacting or involved with any anti-social force, etc., in any manner such as cooperating or being involved with the maintenance, operation or management of an anti-social force, etc., by providing funding or otherwise; or
- FROSK otherwise deems the registration inappropriate.
- Applicant warrants that the person applying for Membership Registration for the Services pursuant to Paragraph (1) has the authority to execute the Agreement as Applicant.
Article 4. Account Management
- Member shall manage such Member’s User ID and Password appropriately at such Member’s own responsibility and must not permit a third party to use the same, or disclose, lease, assign, transfer, purchase, sell, or pledge the same from or to a third party, etc.
- Any responsibility for damage caused by reasons such as a third party’s use of Member’s User ID or Password due to such Member’s poor management thereof shall be owed by such Member, and FROSK shall not owe any responsibility therefor.
Article 5. Registered Information
- If any content that was registered by Member as Registered Information changes, such Member must promptly change such content in accordance with the method set forth by FROSK. If such change is not made, FROSK shall deem that false information has been included in such Registered Information.
- If a notice from FROSK is not delivered to Member due to such Member’s failure to make the change set forth in the preceding paragraph, such notice shall be deemed to have been delivered at the time when it should normally be delivered.
Article 6. Use of Fee-Based Services
- When using the Fee-Based Services, Member must pay the usage fees as consideration therefor in accordance with the payment method set forth by FROSK.
- If Member delays in paying the usage fees provided in the preceding paragraph, such Member shall pay FROSK delay damages at the rate of 14.6% per annum.
- The amount and calculation method for the usage fees for the Fee-Based Services shall be based on the “Price List” separately set forth on the FROSK Website or in a document, or in the “Application Form” for the Services predetermined by FROSK.
Article 7. Acquisition of Data
- FROSK and Member will simultaneously acquire, through the provision of the Services, information on the users’ status of using the mobile applications in which the Services are incorporated and other information necessary for providing the Services, from which is impossible to identify a specific individual (“Acquired Information”).
- In addition to the Acquired Information set forth in the preceding paragraph, FROSK and Member may simultaneously acquire personal information (excluding Registered Information) through the provision of the Services, depending on Member’s status of using the Services.
- In addition to the above, if Member is to provide any mobile application in which the Services are incorporated outside of Japan, such Member must, at such Member’s responsibility, cause the users of such mobile application to agree that, if FROSK acquires any personal information, such information shall be sent to FROSK, located in Japan, and Member shall warrant that FROSK’s acquisition of personal information does not violate any law or regulation applicable in the regions where the mobile application is used.
Article 8. Data Usage
- FROSK may use the Acquired Information for the purposes of providing, improving and analyzing the Services, as well as for considering the provision of new services, etc., and may provide the Acquired Information to FROSK’s parent companies, affiliates, alliances and other partners (simply, “Partners”).
- Member may use the Acquired Information to the extent necessary for using the Services.
- Member shall use any personal information only to the extent necessary for using the Services, and shall handle it in accordance with the provisions of the Personal Information Protection Act and other applicable laws and regulations.
Article 9. Prohibited Acts
- When using the Services, Members must not conduct:
- Any act that violates the Personal Information Protection Act, the Telecommunications Business Act or any other applicable law or regulation, or any act that encourages the violation of any applicable law or regulation;
- Any act that infringes (including any act that directly or indirectly causes the infringement of) any intellectual property right, portrait right, privacy right, moral right, reputation, or any other right or interest of FROSK, any other Member of the Services, or any other third party;
- Any act of sending information that includes a computer virus or any other harmful computer program;
- Any act of sending unwanted messages such as junk E-mail, spam E-mail, chain E-mail, solicitation or advertisement;
- Any act of intentionally releasing or posting false data, etc.;
- Any act of using the Services for the purpose of collecting personal information;
- Any act of wrongfully accessing the overall system connected to the Services without authorization or any other act that causes damage to FROSK;
- Any act of pretending to be another Member or a third party;
- Any act which prevents the operation of the Services; or
- Any other act which FROSK deems inappropriate.
- If FROSK deems that an act of Member falls or is likely to fall under any item of the preceding paragraph, FROSK may suspend or delete such Member’s Account without prior notice.
Article 10. Suspension of Use of Services, Deletion of Account and Cancellation
- FROSK may, at its own discretion, suspend the use of the Services by Member without prior notice if FROSK deems that:
- It is necessary for the operation, maintenance or management of the Services;
- Such Member has wrongfully used the payment method designated by FROSK;
- Such Member’s payments have been suspended or deemed invalid by a payment service company for the payment method designated by FROSK;
- There has been gross negligence or malfeasance which undermines the relationship of trust between the parties;
- Significant credit uneasiness, etc., has arisen;
- Such Member is an organized crime group, a group associated with an organized crime group, a group that conducts activities contrary to public welfare or any other anti-social force, or a member thereof; or
- There is a cause similar to any of those set forth in any of the above items.
- If Member whose use of the Services has been suspended pursuant to the provisions of Paragraph (1) receives a demand from FROSK to correct the cause within a given period and still fails to correct such cause within such period, FROSK may delete such Member’s Account and cancel the Agreement.
- Notwithstanding the preceding paragraph, if Member falls under any of the events set forth in Paragraph (1) of this Article 10 and FROSK deems that such event interferes with FROSK’s performance of business, FROSK may immediately delete such Member’s Account without making any demand, and may cancel the Agreement.
- Even after Member’s Account is deleted or the Agreement is cancelled, FROSK may possess and use Registered Information of such Member.
- After Member’s Account is deleted or the Agreement is cancelled, FROSK shall delete, within a certain period, the Acquired Information and personal information that FROSK acquired through the provision of the Services to such Member.
Article 11. Confidentiality
Article 12. Intellectual Property Rights
- Member shall not translate, edit or alter, etc., or allow a third party to use or release any information, etc., provided by FROSK without obtaining FROSK’s permission, and must not for any reason conduct any act (including, without limitation, disassembling, reverse compiling or reverse engineering) that may infringe upon any intellectual property right of FROSK or any person who is granting a license to FROSK.
Article 13. Disclaimes
- FROSK shall neither make any warranty with respect to the integrity, accuracy, certainty, or usability, etc., of the information, etc., that Member will acquire by using the Services nor be responsible for providing support or otherwise be responsible in any other way with respect to the use of the Services.
- FROSK makes no warranty that none of the information of the Services will be deleted or changed.
- As a general rule, FROSK will not be involved in any communication or activity between Members or between Member and a third party. If, by any chance, any dispute or problem arises between Members or Member and a third party, it shall be resolved at such parties’ own responsibilities and costs, and FROSK will not in any way be involved therewith.
Article 14. Contacts, Notices
- FROSK may send E-mails on promotion and advertising, etc., with respect to the Services to the E-mail address registered by Member.
Article 15. Period of Use
- The Agreement shall remain in full force and effect between FROSK and Member from the day such Member completes the Membership Registration under Article 3 until the day such Member cancels the Agreement, or until the day such Member’s Account is deleted, during which time the Services shall be provided. The effective period of the Agreement shall be subject to the “Application Form” for the Services predetermined by FROSK.
- The provisions of Articles 6, 11 through 15, and 20 through 22 shall remain in full force and effect even after the termination of the Agreement.
Article 16. Change, Addition, Discontinuance of Contents of Services, and Suspension of Services
- FROSK may change, add or discontinue all or part of the contents of the Services without giving prior notice to Members.
- FROSK may suspend its provision or operation of all or part of the Services at its own discretion. Furthermore, if FROSK is to suspend its provision or operation of all or part of the Services at its own discretion, FROSK will notify Members to that effect in accordance with a method that it deems appropriate.
- FROSK may temporarily cease all or part of the Services without giving prior notice to Members when:
- Conducting any periodic or urgent maintenance or repairs with respect to any hardware, software or communication equipment facilities, etc. for the Services;
- The Services cannot be provided by telecommunications carriers;
- It is difficult to provide the Services due to any force majeure, such as an act of God;
- It is difficult to provide the Services due to a natural disaster, power outage, or other unforeseeable accident;
- It is difficult to provide the Services due to war, dispute, upheaval, riot or labor dispute, etc.; or
- FROSK otherwise deems it necessary pursuant to any of the above items.
- If any change or addition is made to the contents of the Services, Member shall take actions in accordance with such change or addition to the Services without delay. Any costs required for such actions shall be borne by such Member.
Article 17. Measures to be Taken Upon Termination of Services
If the Services are discontinued or the Agreement is terminated, Members shall promptly terminate their use of the Services, and follow FROSK’s instructions, if any.
Article 20. Compensation for Damage
- FROSK will not be responsible to provide compensation for any damage incurred by Member in relation to the Services. Notwithstanding the provisions of this paragraph or any other provision that releases FROSK from its liability to provide compensation for damage, even if FROSK is liable to provide compensation for damage due to the application of the Consumer Contract Act or any other reason, the scope of FROSK’s liability shall be limited to direct and ordinary damage that actually arose due to an event attributable to FROSK. In addition, if Member is using the Fee-Based Services, the upper limit for liability shall be the total amount of the usage fees for the Services that FROSK actually received from such Member during the previous one (1) year period counting from the time at which the cause of such damage arose.
Article 21. Jurisdictional Court
The Tokyo Summary Court or the Tokyo District Court shall be the exclusive court of first instance if the need for any lawsuit arises between FROSK and any Member.
Article 22. Governing Law
Established on December 30, 2014
Revised on April 1, 2016