PassClip L: Terms of Service
Article 1 (Definitions):
As used in these Terms of Service, the following terms shall be defined as follows:
1) “User” means a corporation or individual who has agreed to the Terms of Service and has started to use the App in the prescribed manner.
2) “App” means the application that is called PassClip L and is provided by Passlogy Co., Ltd.
3) “Passlogy” means Passlogy Co., Ltd., the company that provides the App.
4) “Pattern” means the sequence of 4 cells that the user has selected from the 5×5 grid displayed in the App for the purpose of verifying his or her identity.
5) “User Information” means the information that the user has registered with the App such as his or her email address, Pattern, or other such information.
6) “Personal Information” means information which can be used to identify a specific individual user, including information that can be used to identify a specific individual user by combining it with other information.
Article 2 (Terms of Service):
These Terms of Service apply to every user and must be observed once a user begins to use the App.
Article 3 (Application for Using the App, Commencement of App Provision, Period of App Provision):
1) The User will be presented with a link to the webpage designated for displaying these Terms of Service in the app once he or she starts the App. A button that the User can use to indicate agreement with these Terms of Service will also be provided next to the link. Use of the App will commence once the User presses the ‘I Agree’ button to indicate agreement with the Terms of Service. At that time, a usage agreement (the “Agreement”) will be formed between the User and Passlogy.
2) Passlogy reserves the right to temporarily suspend or discontinue the provision of the App without prior notice to the User due to updates or changes to the App, system maintenance or inspection, failure or stoppage of equipment or communication lines, power outages, security measures, natural disasters, or other unavoidable circumstances. By indicating agreement with the Terms of Service, the User thereby agrees to accept that the App is subject to such restrictions.
Article 4 (Company Disclaimer):
1) Passlogy shall not be liable to the User or a third party for any delay or impedance to the performance of these Terms of Service due to the occurrence of a natural disaster, war, civil disturbances, sudden and significant changes in economic conditions, amendments or repeals to laws or regulations, orders by public authorities, industrial disputes, transportation accidents or force majeure causes.
2) In the event that the User causes damage to another user of the App or a third party when using the App, the User shall resolve the issue at his or her own expense, and Passlogy shall not be held responsible or liable for such damage.
3) In no event shall Passlogy be liable for any damages, losses, or disadvantage arising out of use of the App.
4) Passlogy does not guarantee that email sent from its webpages, servers, domains etc., do not contain harmful material such as computer viruses.
5) Passlogy may provide the User with information from time to time, but it does not accept any liability for doing so.
Article 5 (Equipment Required for Using the App):
The User shall prepare and manage the equipment and environment that is necessary for using the App. Passlogy shall not be liable for any delay or unavailability of the App due to the malfunctioning of this equipment or environment.
Article 6 (Right to Use):
Passlogy grants the User a non-exclusive license to download and use the App on a mobile device (“Mobile Device”) that is compatible with the App such as the User’s smartphone under the terms and conditions of these Terms of Service. Passlogy does not guarantee that the App will be compatible with every Mobile Device.
Article 7 (Scope of Right to Use):
1) The User may only use the App in conjunction with products and services that have been provided by Passlogy and for the intended purpose of the App, and may not use the App for any other purposes such as sales, distribution or development purposes.
2) The User shall only use the App in the state provided by Passlogy and shall not copy, alter, modify, or adapt the App.
3) The User may not copy, alter, modify, or adapt any part or all of the set of programs that comprise the App licensed by Passlogy and may not disclose this information to a third party.
Article 8 (Management of User Login Information):
The User is responsible for managing his or her own login information, such as his or her password or Pattern. In no event shall Passlogy be liable for any consequential damages incurred by the User or a third party.
Article 9 (Prohibitions):
The User is prohibited from performing any of the following acts in relation to his or her use of the App:
(i) Violate laws or the terms and conditions of these Terms of Service.
(ii) Damage the rights, interests, or reputation of Passlogy or any third party.
(iii) Write or send malicious material such as malware or malicious emails.
(iv) Access Passlogy’s servers or any other computer without proper authorization, perform any operation with the App that has not been officially prescribed, or perform any other operation with the App that violates the stipulations of these Terms of Service, such as using the credentials of another user of the App in an improper manner.
(v) Provide any of the informational materials for the App to a third party by means of reproduction, republication, transmission, or distribution without permission from Passlogy.
Article 10 (Handling of User Information):
2) Passlogy shall use the information of the User within the scope of the following purposes:
(i) The provision of updates, maintenance information and important notices relating to the App.
(ii) Responding to queries or requests received from the User; such responses may make use of the User’s attributes or the information contained in the received query or request.
3) Passlogy will not disclose the Personal Information of the User to a third party without receiving consent from the User.
Article 11 (Suspension or Revocation of Right of Use):
Passlogy may immediately suspend or revoke, without prior notice, the User’s right to use the App, if Passlogy deems the User to have done any of the following:
(i) Acted in violation of the any of the terms of these Terms of Service,
(ii) Used the App in a way that amounts to a misconduct,
(iii) Acted in such a way that Passlogy deems it appropriate to suspend or revoke the User’s right to use the Service.
In no event shall Passlogy by liable for any damages incurred by the User as a result of a suspension or revocation of the right to use the App.
Article 12 (Data Usage and Deletion):
The User agrees in advance that the various forms of information obtained by the User’s inputs or the User’s use of the App (“Data”) may be stored locally on the User’s Mobile Device or on Passlogy’s servers.
Article 13 (Changes or Discontinuation of the App):
Passlogy may at its discretion change or discontinue all or part of the App. Any change or discontinuation will come into effect when the associated notice is published on a webpage designated by Passlogy.
Article 14 (Amendment):
Passlogy may at its discretion amend these Terms of Service without any obligation to provide prior notice. The amended Terms of Service will come into effect when they are published on a webpage designated by Passlogy. The User must comply with the amended Terms of Services when they come into effect.
Article 15 (Prohibition of Assignment and Confidentiality):
The User may not transfer any rights or obligations arising from these Terms of Service to any third party without obtaining prior consent from Passlogy. The User must maintain confidentiality of any of Passlogy’s confidential information that he or she obtains in relation to these Terms of Service.
Article 16 (Intellectual Property Rights):
Passlogy owns all of the patent rights, copyrights, and other intellectual property rights relating to the functions of the App and the software that realizes those functions, and to the documentation or informational content pertaining or related to the App, such as information published about the App on Passlogy’s website or in any user manuals or terms of service. These Terms of Service do not grant any rights, implied or otherwise, to the User to any of Passlogy’s intellectual property other than those rights expressly stated in these Terms of Service. The User owns any and all intellectual property that pertains to his or her Data. The User’s use of the App will be deemed to constitute his or her acceptance of the aforementioned terms.
Article 17 (Non-Waiver and Severability):
1) The failure to exercise or enforce any of the rights set forth in these Terms of Service shall not constitute a waiver of these rights.
2) If any of the provisions of these Terms of Service is determined to be invalid, illegal, or unlawful in a any jurisdiction, the remainder of the provisions shall remain in full force and effect.
Article 18 (Full Agreement):
This agreement constitutes the full agreement between Passlogy and the User, notwithstanding any prior written or email negotiations, promises or understandings.
Article 19 (Language):
Article 20 (Governing Law and Jurisdiction):
These Terms of Service shall be governed by, and construed and enforced in accordance with, the laws of Japan. The User and Passlogy agree that any action related to these Terms of Service shall be brought in the Tokyo District Court, Japan.
Supplementary Provision: These Terms of Service shall come into effect on October 24, 2016.
Established: October 24, 2016