The English version of these SmartBeat Terms of Use is merely a translation of the Japanese original prepared for your reference. The Japanese version of the SmartBeat Terms of Use is applied to the agreement between the Applicant and FROSK, and FROSK assumes no responsibility whatsoever for discrepancies of interpretation arising between the Japanese and English versions.

SmartBeat Terms of Use


Article 1. General

  1. These Terms of Use shall be applied to any and all relationships between a user (“Member”) of the Services (as defined below) and FROSK, Inc., (“FROSK”) upon the use of several types of services (“Services”), such as crash analysis and mobile application analysis, that are operated by FROSK under the name of “SmartBeat.”
  2. When Applicant (as defined below) for the Services agrees to these Terms of Use and registers for membership as set forth in Article 3, a usage agreement (“Agreement”) subject to each of the provisions of these Terms of Use will be formed between Member and FROSK, and Member will be able to use the Services.
  3. If there is any discrepancy between the contents of these Terms of Use and any document included in the Services, these Terms of Use shall prevail.

Article 2. Definitions

  • In these Terms of Use, the terms listed in each of the following items shall be defined as set forth in such item:
    1. “Applicant” means an entity, group or individual that wishes to use the Services;
    2. “Membership Registration” means the registration made by Applicant for using the Services, in accordance with the method provided in Article 3;
    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.
    4. “User ID” means a symbol that is used in combination with a Password to distinguish Member from others;
    5. “Password” means a symbol that is used in combination with a User ID to distinguish Member from others;
    6. “Account” means a User ID and a Password registered and issued to Member by FROSK in order to distinguish such Member from others;
    7. “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);
    8. “Fee-Based Services” mean the services among the Services that are available by Member upon such Member paying usage fees, etc., to FROSK; and
    9. “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

    1. Applicant agrees to comply with these Terms of Use and may apply to FROSK for Membership Registration for the Services by providing FROSK with information that is necessary for Membership Registration in accordance with the method designated by FROSK.
    2. 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.
    3. Upon completion of the registration set forth in the preceding paragraph, an agreement for using the Services in accordance with each of the provisions of these Terms of Use shall come into existence between Member and FROSK, and Member will become able to use the Services in accordance with the method set forth by FROSK.
    4. 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:
      1. Any false entry, error or omission is made with respect to all or part of the Registered Information provided to FROSK;
      2. 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;
      3. 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;
      4. 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
      5. FROSK otherwise deems the registration inappropriate.
    5. 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

    1. 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.
    2. 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

    1. FROSK shall obtain and handle Registered Information in accordance with the provisions of applicable laws and regulations, FROSK’s Privacy Policy and these Terms of Use.
    2. 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.
    3. 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

    1. 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.
    2. 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.
    3. 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

    1. 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”).
    2. 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.
    3. During the period of use of the Services, Member must, at such Member’s own responsibility, clearly state that FROSK and Member will simultaneously acquire the Acquired Information and that FROSK and Member may simultaneously acquire personal information depending on Member’s status of using the Services, and must provide a link to FROSK’s Privacy Policy, on the download page of the mobile application in which the Services are incorporated, or in the terms of use within such mobile application, etc. In such event, Member must clearly state the specific items of the Acquired Information that FROSK will acquire and the personal information that FROSK may acquire depending on Member’s status of using the Services, by identifying such items to the extent possible.
    4. 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

    1. 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”).
    2. Member may use the Acquired Information to the extent necessary for using the Services.
    3. FROSK shall use any personal information only to the extent necessary for providing the Services, and shall handle it in accordance with the provisions of FROSK’s Privacy Policy. Furthermore, FROSK may provide Partners with personal information, excluding names, addresses and other information that may directly identify a specific individual (i.e. information equivalent to the Acquired Information).
    4. 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

    1. When using the Services, Members must not conduct:
      1. 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;
      2. 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;
      3. Any act of sending information that includes a computer virus or any other harmful computer program;
      4. Any act of sending unwanted messages such as junk E-mail, spam E-mail, chain E-mail, solicitation or advertisement;
      5. Any act of intentionally releasing or posting false data, etc.;
      6. Any act of using the Services for the purpose of collecting personal information;
      7. Any act of wrongfully accessing the overall system connected to the Services without authorization or any other act that causes damage to FROSK;
      8. Any act of pretending to be another Member or a third party;
      9. Any act which prevents the operation of the Services; or
      10. Any other act which FROSK deems inappropriate.
    2. 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

    1. FROSK may, at its own discretion, suspend the use of the Services by Member without prior notice if FROSK deems that:
      1. Such Member has breached any of the provisions of these Terms of Use;
      2. It is necessary for the operation, maintenance or management of the Services;
      3. Such Member has wrongfully used the payment method designated by FROSK;
      4. Such Member’s payments have been suspended or deemed invalid by a payment service company for the payment method designated by FROSK;
      5. There has been gross negligence or malfeasance which undermines the relationship of trust between the parties;
      6. Significant credit uneasiness, etc., has arisen;
      7. 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
      8. There is a cause similar to any of those set forth in any of the above items.
    2. 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.
    3. 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.
    4. Even after such Member’s Account is deleted or the Agreement is cancelled, such Member shall not be released from any of such Member’s obligations or duties to FROSK or any other third party that are provided under these Terms of Use which have already arisen.
    5. Even after Member’s Account is deleted or the Agreement is cancelled, FROSK may possess and use Registered Information of such Member.
    6. 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

    FROSK and Member shall only use any technical, business or other information unique to the other party that FROSK or such Member became privy to in relation to the performance of these Terms of Use for the purpose of using the Services, and must not disclose such information to any third party without the other party’s prior written approval; provided, however, that this shall not apply if such disclosure is for the performance of obligations under these Terms of Use, or if it is required to be disclosed under any law or government ordinance or by any public agency, such as a court, and in such event, the party who is forced to disclose the confidential information shall notify the other party prior to such disclosure of confidential information.

    Article 12. Intellectual Property Rights

    1. With respect to the Services, any and all intellectual property rights pertaining to the information, etc., provided by FROSK shall belong to FROSK or any person who is granting a license to FROSK, and the granting of permission to use the Services under these Terms of Use does not mean the assignment of, or the granting of permission to use, the intellectual property rights by FROSK or any person who is granting a license to FROSK.
    2. 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

    1. 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.
    2. FROSK makes no warranty that none of the information of the Services will be deleted or changed.
    3. FROSK makes no warranty with respect to making previous data of the Services accessible at all times, and the previous data may become inaccessible if any event occurs such as when a change, etc., is made to the contents of the Services as set forth in the provisions of Article 16 of these Terms of Use.
    4. 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

    1. Any inquiry and other contact or notice from Member to FROSK with respect to the Services, any notice regarding a change to these Terms of Use, and any other contact or notice from FROSK to Member shall be given in accordance with the method set forth by FROSK.
    2. 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

    1. 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.
    2. 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

    1. FROSK may change, add or discontinue all or part of the contents of the Services without giving prior notice to Members.
    2. 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.
    3. FROSK may temporarily cease all or part of the Services without giving prior notice to Members when:
      1. Conducting any periodic or urgent maintenance or repairs with respect to any hardware, software or communication equipment facilities, etc. for the Services;
      2. The Services cannot be provided by telecommunications carriers;
      3. It is difficult to provide the Services due to any force majeure, such as an act of God;
      4. It is difficult to provide the Services due to a natural disaster, power outage, or other unforeseeable accident;
      5. It is difficult to provide the Services due to war, dispute, upheaval, riot or labor dispute, etc.; or
      6. FROSK otherwise deems it necessary pursuant to any of the above items.
    4. 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 18. Revision to Terms of Use

    1. These Terms of Use may be changed by FROSK at its own discretion, at any time and for any reason.
    2. If FROSK makes any change to these Terms of Use, it shall notify Members in advance of such changed content in accordance with the method set forth by FROSK and if, after such notice on changed contents is given, Member uses the Services or fails to take cancellation procedures for the Agreement within a period set forth by FROSK, such Member shall be deemed to have agreed to such change to these Terms of Use.

    Article 19. Assignment of Status under Terms of Use, etc.

    1. Members shall not assign (including universal succession by merger or company split, etc.) to a third party or pledge for the purpose of collateral all or part of the rights or obligations under these Terms of Use, without obtaining FROSK’s prior written approval.
    2. If FROSK assigns the business pertaining to the Services to another company, FROSK may assign the rights and obligations under these Terms of Use to the assignee of such business assignment, as well as the Members’ Registered Information or other customer information in accordance with such business assignment, and Members shall be deemed to have agreed to such assignment in this paragraph in advance. The business assignment referred to in this paragraph shall include universal succession by merger or company split, etc., through which FROSK becomes the absorbed company or the split company).

    Article 20. Compensation for Damage

    1. If Member causes any damage to FROSK by breaching these Terms of Use or in relation to such Member’s use of the Services, such Member must provide compensation to FROSK for all of such damage (including indirect damage).
    2. 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

    Any and all matters relating to these Terms of Use, the Agreement or the use of the Services shall be governed by the laws of Japan.

    End


    Established on December 30, 2014
    Revised on April 1, 2016