These Terms of Use (hereinafter referred to as the “Terms”) stipulate the conditions of provision of the services and related services (hereinafter referred to as the “Services”) provided by Robot Consulting Co., Ltd. (hereinafter referred to as the “Company”) under the name “Labor Robot” and the rights and obligations between the Customer and the Company.
The entire Agreement shall be read and agreed to all of its Terms.
By using the Service, you are deemed to have understood the contents of these Terms and to have agreed to all of the provisions of these Terms.
The contents of these Terms may be changed as necessary, so please check the latest Terms when using the Service.
Chapter 1: General Provisions
Article 1 (Definitions)
The definitions of the terms used in these Terms are as follows:
- “Customer” refers to an individual, corporation or organization that agrees to the contents of these Terms, applies to use the Service in accordance with the procedures specified by the Company, and whose application has been accepted by the Company, as well as anyone permitted by the Company to use the Service.
- “Website” refers to the website operated by the Company.
- “Registrant” means a corporation, organization or individual who wishes to use the Service and has applied for registration or is attempting to apply for registration.
- “Service Agreement” refers to the contract for use of the Service concluded between the Customer and the Company based on these Terms.
- “User” means any person authorized by You to access and use the Service.
- “API Integration Service” refers to a service provided by utilizing the functions of the Service or information provided by the Service through the application programming interface (hereinafter referred to as “the API”) provided in relation to the Service.
Article 2 (Terms of Use)
- The purpose of these Terms is to define the conditions of provision of the Service and the rights and obligations between you and the Company regarding the use of the Service, and they apply to all relationships between you and the Company regarding the Service.
- If there are any contracts or rules (hereinafter referred to as “Individual Contracts”) regarding the Service other than these Terms, the Individual Contracts will also constitute part of these Terms, and in the event of a conflict between the provisions of the Individual Contracts, etc. and the provisions of these Terms, the provisions of the Individual Contracts, etc. will take precedence.
- In the event of any discrepancy between the contents of these Terms and any explanation of the Service outside of these Terms, the provisions of these Terms shall take precedence.
- If there are any provisions in these Terms that do not apply to you at the time when Company grants you permission to use the Service, such provisions will apply from the time when they become applicable in the future due to a change in circumstances.
- If you are a legal entity, Company may deem that your authorized representative has validly agreed to your compliance with the contents of these Terms and any other Terms established by the Company.
Article 3 (Changes to these Terms)
- The Company may change the contents of these Terms to the extent that it does not contradict the purpose of the Service, in accordance with the provisions regarding changes to standard Terms in the Civil Code, when it is in the general interest of Customers, or when there is a change in social conditions, economic circumstances, or the actual situation related to the Service, or a change in laws and regulations, or when it is deemed that there is any other reasonable reason.
- If the Company makes any changes to these Terms or any Individual Terms, the Company will notify the Customer of the content of the changes and the effective date by posting them on the Website or other appropriate means. However, if any changes require the Customer’s consent under law, the Company will obtain the Customer’s consent by a method that the Company deems appropriate.
- If the Company changes these Terms or any individual Terms, and you use the Service after the date on which the changes come into effect, you will be deemed to have agreed to the changed Terms or any individual terms, unless such change is denied by law.
Chapter 2: Creating an Account
Article 4 (Registration)
- Those who wish to register may apply to use the Service by providing the Company with true and up-to-date information regarding certain information specified by the Company (hereinafter referred to as the “Registration Information”).
- After receiving the application under the preceding paragraph, the Company will determine whether or not to accept the registration in accordance with the Company’s standards, and if the Company approves the registration, the Registration Applicant will be notified of such approval. The registration as a Customer of the Service will be considered complete upon the Company sending such notification.
- If the applicant falls under any of the following items, the Company may refuse registration or re-registration. Furthermore, the Company shall not be obligated to disclose the reasons therefor.
- If any part or all of the registration information provided to the Company is false, incorrect, or missing
- If the Company determines that you operate or cooperate with the operation of a service or website that is similar or competitive with the Service
- If the person is a minor, an adult ward, a person under curatorship or assistance, and has not obtained the consent of their legal representative, guardian, curator or assistant
- If the Company determines that the person is a member of an organized crime group, etc., as defined in Article 27 (Exclusion of Antisocial Forces), Paragraph 1, or falls under Items 1 to 4 of the same paragraph.
- If the Company determines that the individual is a person who has previously violated a contract with the Company or a related party to such a contract
- Article 16 (Prohibited acts) If the Company determines that you have committed or are in danger of committing any of the acts listed in the items
- If you have been subject to any of the measures set out in Article 10 (Suspension or Termination of Use by the Company, etc.)
- Any other case in which the Company determines that registration is inappropriate
Article 5 (Changes to registered information)
- If there are any changes to the registered information, you must notify the Company of the changes without delay using the method specified by us.
- The Company shall not be liable for any damage suffered by you or a third party due to your failure to give the notification set forth in the preceding paragraph.
Article 6 (Account)
- When an applicant completes registration, the Company will issue a User ID and password (hereinafter referred to as an “Account”).
- Customers shall be responsible for properly managing and storing their accounts related to the Service, and shall not, either themselves or through Users, allow a third party to use the account, or loan, transfer, change the name of, buy or sell the account, etc.
- You shall be responsible for any damages incurred due to insufficient management of your account, errors in use, use by a third party, etc., and the Company shall not be held liable in any way.
- The Company will consider all use of the Service through an account after the account is issued to belong to the Customer.
- If the Company determines, based on the Company’s standards, that the Customer’s account may have been misused, the Company may suspend said account. In such a case, the Customer must follow the procedures set forth by the Company to lift the suspension measures. The Company shall not be liable for any damages incurred as a result of the Customer being unable to use the account as a result of the Company taking such measures.
Chapter 3: Terms of Use
Article 7 (Usage Agreement)
- By stating Article 4 (Registration), the User shall be deemed to have applied for a service agreement for the Service (hereinafter referred to as the “Service Agreement”).
- When the Company accepts the application under the preceding paragraph and when Article 4 (Registration) as stipulated in Article 6, Paragraph 1 is completed, a Service Contract as stipulated in the individual provisions of these Terms will be established between the Customer and the Company, and the Customer will be able to use the Service in accordance with these Terms.
Article 8 (Usage Fees)
- In consideration of using the Service, you shall pay to us the fees for each plan specified on the pricing page of Website (hereinafter referred to as the “Usage Fees”) in the manner specified in the following article.
- The Company may revise the service fees if it deems it necessary. However, if the service fees are to be increased, the Company will publicize or notify the Customer of the change in the fees, the new fees, and the effective date by posting on the Company’s website or other appropriate means prior to the change. In addition, the Company may, at its discretion, provide a transition period during which the old service fees will be applied to existing Customers.
- Even in the event of termination or cancellation pursuant to Article 10 (Suspension or Termination of Use by the Company, etc.) and Article 11 (Termination), the Company shall not calculate the usage fee on a pro rata basis or provide a refund, and the Customer shall pay the usage fee for the contract period to the Company regardless of the date of termination or cancellation.
- This Article does not apply to Users who use the free plan of the Service (hereinafter referred to as “Free Users”).
Article 9 (Specifying payment method)
- When applying for use, the fee for the Service must be paid by one of the methods specified by the Company (bank transfer or credit card payment).
- In the case of bank transfer, the transfer fee will be borne by the Customer.
- In the case of credit card payment, you will provide the credit card company with the information necessary for the credit card payment.
- The Company uses a system whereby credit card information is sent directly to the payment service provider, and the Company does not receive or retain any credit card information Company self.
- This section does not apply to Free Users.
Article 10 (Suspension or Termination of Use by the Company)
- If any of the following circumstances apply to you, the Company may, without prior notice or warning, delete stored data (including, but not limited to, registration details and registered data), temporarily suspend your use of the Service, cancel your registration, or terminate the Service Agreement.
- If you violate any provision of these Terms
- If it is discovered that there is a false statement in the registration information
- If there is no response to an inquiry or other communication requesting a response from the Company for 14 days or more
- In the case where any of the items in Article 4 (Registration) Paragraph 3 apply
- If a party suspends or becomes unable to make payments, or if a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or any similar proceedings
- Any other case in which the Company determines that the Customer’s use of the Service, registration, or continuation of the Service Agreement is inappropriate.
- If any of the items in the preceding paragraph applies to you, all of your debts to the Company will automatically become due and payable, and you will be required to immediately pay all of your debts to the Company.
- The Company shall not be liable for any damages caused to Customers or Users by any actions taken by the Company under this Article.
Article 11 (Cancellation)
- You may terminate the Service Agreement and cancel your registration as a Customer by notifying us in a manner specified by the Company.
- The handling of personal information after termination shall be in accordance with the provisions of Article 21 (Responsibility for the protection and handling of personal information).
- If you have any debts to the Company at the time of termination, all of your debts to the Company will automatically become due and payable, and you must immediately perform all of your debts to the Company.
Article 12 (Limitation of Customer Liability and Warranty)
- You must prepare, at your own expense and responsibility, the appropriate environment and equipment necessary to use the Service (including but not limited to an Internet connection, hardware such as a computer, software such as a web browser, etc.), and the Company shall not be liable for such preparation.
- The Company does not guarantee that the Service will be suitable for your specific purposes, that it will have the expected functions, commercial value, accuracy, or usefulness, that your use of the Service will comply with the laws and regulations or internal rules of industry associations that are applicable to you, that the registered data is accurate, or that there will be no defects or malfunctions in the procedures carried out in connection with the Service.
- When you use the functions of the Service to leave evidence of an agreement, etc. with another person, you shall confirm that the other person is the original party to the agreement, etc. and has the authority to enter into the agreement, etc. The Company may provide functions or services to assist in the confirmation or proof of such matters, but Company does not guarantee such matters.
- The Company does not provide any guarantees regarding sites operated by third parties that are linked from the Service. Furthermore, the Company will not compensate or be involved in any damages incurred at the linked sites or disputes between Users.
- You understand that the Company has no responsibility or obligation to store your registered data, and you shall back up your data yourself as necessary. The Company shall not be liable for any damages incurred by you in connection with the deletion or loss of your registered data.
- The Company shall not be liable for any damages arising from the inability to use the Service or the breakdown or damage of equipment caused by the use of the Service, or damages arising from a third party republishing information provided on the Website on websites other than the Website, or damages arising from other acts of a third party.
- The Company shall not be held responsible for any transactions, communications, or disputes that arise between you and other Users or third parties in relation to the Service or the Website. If the Company incurs any expenses in relation to them or pays any damages, you shall compensate the Company for such expenses (including the expenses of experts such as lawyers) and damages, and the Company may request payment of the total amount of these amounts from you.
Article 13 (Linked Services)
- When an API Integration Service is provided to you, you use the Service at your own will and are responsible for all consequences resulting from the use of the Service. Furthermore, the Company shall not be liable for any changes, disclosure, or deletion of data that occurs as a result of the use of the API Integration Service.
- The Company reserves the right to change the content of this API or to terminate its provision at its own convenience. If the Company terminates the provision of this API, the Company will notify the Customer in advance.
- The Company shall not be liable for any damages arising from any measures taken by the Company pursuant to this Article.
Chapter 4: The Service
Article 14 (Provision of the Service)
When the Service Agreement is concluded, Company will promptly provide the User with the software program and other necessary information.
Article 15 (Service Contents)
- The Service is provided by software with the aim of streamlining and optimizing a company’s human resources and labor operations. The Service mainly provides a form output system for necessary documents and a human resources information management system via a web browser, etc., and is not intended for the Company to act on behalf of the business stipulated in Article 2 of the Social Insurance and Labor Consultant Act.
- For more detailed information about the content and functions of the Service, please refer to the page related to the Service on the Website. Please note that the Company may add, change or delete the content or functions of the Service at any time.
Article 16 (Prohibitions)
When using the Service, you must not, either yourself or through other Users, engage in any of the following acts or acts that the Company determines to be in any of the following cases:
- Any act that violates laws and regulations or is related to a criminal act
- Fraudulent or threatening conduct against the Company, other Customers or Users, or other third parties
- Actions that go against public order and morals
- Any act that infringes on the copyrights, patent rights, utility model rights, design rights, trademark rights or other intellectual property rights (including the right to acquire such rights or to apply for the registration, etc. of such rights, hereinafter collectively referred to as “Intellectual Property Rights, etc.”), portrait rights, privacy rights, reputation, or other rights or interests of the Company, other Customers or Users, or other third parties.
- The act of transmitting any of the following information, or any information that the Company considers to be applicable, to the Company or other Customers or Users through the Service:
- Information that contains excessively violent or cruel content
- Information containing computer viruses or other harmful computer programs
- Information that includes expressions that damage the reputation or credibility of the Company, other Customers or Users, or other third parties
- Information containing excessively obscene language
- Information that includes expressions that promote discrimination
- Information containing expressions encouraging suicide or self-harm
- Information that includes expressions that encourage the inappropriate use of drugs
- Information containing anti-social expressions
- Information that requests the dissemination of information to third parties, such as chain mail
- Information that includes expressions that offend others
- Any act that places an excessive burden on the network or system of the Service
- Any action that may disrupt the operation of the Service
- Any act of unauthorized access or attempt to unauthorized access to Company’s network or systems
- Any reverse engineering activity for the purpose of analyzing Company’s software, such as decompiling or disassembling
- Impersonating a third party
- The act of the same corporation, organization or individual registering multiple accounts even though it is not necessary
- Using the accounts of other Customers or Users
- Any publicity, advertising, solicitation or sales activities on the Service that are not approved in advance by the Company
- Collecting information about other Users of the Service
- Any act that causes disadvantage, damage, or offense to the Company, other Customers or Users, or other third parties.
- Providing benefits to antisocial forces
- Any act that directly or indirectly causes or facilitates any of the acts listed above.
- Any other actions that the Company deems inappropriate
Article 17 (Suspension of the Service, etc.)
- If any of the following circumstances occur, Company may suspend or interrupt the provision of all or part of Services without prior notice to you.
- When urgent inspection or maintenance work is carried out on the computer system related to the Service
- When a computer or communication line is stopped due to an accident
- When the provision or use of external systems (such as Amazon Web Services) necessary for the provision of the Service is interrupted
- If the operation of the Service becomes impossible due to force majeure such as earthquakes, lightning, fires, storms and floods, power outages, the spread of disease, and natural disasters
- Any other reason that the Company deems it necessary to suspend or interrupt the service.
- The Company shall not be liable for any damages arising from any measures taken by the Company pursuant to this Article.
Article 18 (Changes or Termination of the Service)
- The Company reserves the right to change the content of or terminate the provision of the Service at the Company’s discretion.
- If the Company terminates the provision of the Service, the Company will notify you in advance of the fact and timing of the termination of the Service.
- The Company shall not be liable for any damages caused by any measures taken by the Company pursuant to this Article.
Article 19 (Entrustment)
The Company may outsource all or part of the work involved in providing the Service to a third party at its own responsibility.
Chapter 5: Handling of Information
Article 20 (Ownership of Rights)
- All Intellectual Property Rights, etc. and other tangible and intangible property rights relating to the Service and the Website belong to the Company or to parties who have granted licenses to the Company, and the Company does not transfer them to you or grant you any license beyond what is set forth in these Terms.
- With regard to the Registration Data, you represent and warrant to the Company that you have the lawful right to register and transmit the data, and that the Registration Data does not infringe the rights of any third party.
Article 21 (Responsibility for the protection and handling of personal information)
- The Company will receive personal information contained in the data etc. disclosed by the Customer (in this Article, such personal information will be referred to as “personal data.” Note that in these Terms, personal information means personal information defined in the Act on the Protection of Personal Information (Act No. 57 of 2003, hereinafter referred to as the “Personal Information Protection Act”)) based on the entrustment of the Customer. When the Customer discloses personal data to the Company by uploading it to the Service, etc., the Customer will be deemed to have entrusted the handling of the personal data to the Company for the use of the Service.
- When you entrust the Company with the handling of your personal data, you guarantee that you are implementing the procedures stipulated in the Personal Information Protection Act and other laws and regulations.
- The Company will handle any personal data entrusted to the Company by Customers in accordance with Company’s separate privacy policy (hereinafter referred to as the “Privacy Policy”).
- The Company will not use, process, copy or replicate any personal data entrusted to the Company by Customers beyond the scope of the purpose of the entrustment.
- The Company will appoint a data manager and take necessary and appropriate measures to prevent the leakage, loss, or damage of personal data entrusted to the Company by Customers and to manage the safety of such data.
- In the event of an accident involving leakage, loss, damage, or other such incident with regard to personal data entrusted to the Company by a Customer, the Company will promptly report the facts to the Customer, investigate the cause, and take the necessary measures to prevent the accident from spreading.
Article 22 (Use of Data)
- Notwithstanding the provisions of the preceding Article, the Company may use the Registration Data and other data relating to Customers and Users (excluding personal data) to improve the quality of the Service the Company provide or intend to provide, including the Service, to inform Customers of the Service, and for any other purposes set out in the Company’s Privacy Policy.
- The Company may analyze the usage of the Service or the status of the Company’s Customers and Users for statistical purposes and publicly release the results of such analysis, provided that such analysis does not identify individual Customers or specific individuals.
- The Company may obtain information about the use of the Service from you or request feedback about the Service from you. You agree that the Company may use such information or feedback during the Service Agreement and after its termination. However, the purpose of using such information or feedback is limited to the operation, improvement, and promotion of the Service and the development of new services.
Chapter 6: Others
Article 23 (Contact or Notice)
- Any inquiries or other communications or notices from you to the Company regarding the Service shall be made in the manner specified by the Company.
- Any communication or notice from the Company to you regarding the Service will be sent by email to the email address included in your registration information or by other methods specified by the Company. If the Company sends a communication or notice to the email address or other contact information included in your registration information, you will be deemed to have received the communication or notice.
Article 24 (Disclaimer)
- The Company do not guarantee that the Service will be suitable for the User’s specific purpose, that it will have the expected functions, commercial value, accuracy, or usefulness, that the User’s use of the Service will comply with the laws, regulations, guidelines, etc. applicable to the User, or that it will be available continuously or be free from defects.
- The Company shall not be liable for any transactions, communications, disputes, etc. that arise between the User and a third party (including, but not limited to, the User’s Customers, business partners, file recipients via the transfer service, etc.) in connection with the use of the Service. The Service does not provide any legal advice or opinions to the User.
- Users are responsible for ensuring security at their own risk, and the Company assumes no responsibility whatsoever for backing up data, etc.
- The Company does not guarantee the accuracy, reliability, completeness, usefulness, or security of any third-party services that are affiliated with or linked to the Service.
- The Company shall not be liable for any damages incurred by the User in relation to the Service, except in cases where the Company is guilty of willful misconduct or gross negligence. However, in the cases of Article 17 (Suspension of the Service, etc.) Paragraph 1 and Article 18 (Change or Termination of the Service) Paragraph 1 of these Terms, the provisions of each provision shall apply.
- In the event that the Company is liable for damages to the User due to reasons outside the scope of application of the exemption from liability set forth in these Terms, etc., the scope of the Company’s liability for damages shall be limited to direct and ordinary damages that have actually occurred due to reasons attributable to the Company, and the amount of compensation shall be the total amount of the Software usage fees received from the User in the twelve (12) month period preceding the time when the cause of the damage occurred, except in cases where the Company is guilty of willful misconduct or gross negligence.
Article 25 (Late Payment Charges)
If the Customer fails to repay any debt under the Service Agreement, the Customer shall pay to the Company late payment charges in an amount calculated at an interest rate of 14.6% per annum on the amount due.
Article 26 (Confidentiality)
- Unless otherwise specified in these Terms, the Customer and the Company will treat as confidential information any information disclosed by the other party in relation to the Service that is expressly requested to be treated as confidential at the time of disclosure, unless the other party has given prior written consent. However, any information that falls under any of the following items will not be considered confidential information.
- Information already held at the time of disclosure
- Information that is legitimately obtained from a third party without any obligation of confidentiality after disclosure
- Information that is acquired or created independently after disclosure, regardless of the information disclosed by the other party
- Information that was already publicly known at the time of disclosure
- Information that becomes publicly known due to reasons beyond one’s control after disclosure
- Notwithstanding the provisions of the preceding paragraph, the party receiving the Confidential Information (hereinafter referred to as the “Receiving Party”) may disclose the Confidential Information without obtaining the prior consent of the Party that disclosed it, when disclosing the Confidential Information in accordance with a legitimate request from a supervisory authority or other provision of law, or when disclosing the Confidential Information to the Receiving Party’s officers or employees, contractors of the Service, lawyers, accountants, or other persons who are legally bound by confidentiality obligations.
Article 27 (Exclusion of Antisocial Forces)
- Each Customer and the Company represent to the other party that they, their officers or employees are not currently an organized crime group, an organized crime group member, a person who has been an organized crime group member for less than five years, an associate organized crime group member, a company related to an organized crime group, a corporate racketeer, etc., a social movement campaigner or a special intelligence violent group, etc., or any other person equivalent to these (hereinafter referred to as an “Organized Crime Group Member, etc.”), and will not fall under any of the items, and will not fall under any of the items in the future.
- Having a relationship that is deemed to give the Organized Crime Group Member, etc. control or substantial involvement in the management of the company
- Having a relationship that is deemed to be an inappropriate use of an Organized Crime Group Member, etc., for the purpose of obtaining wrongful benefits for oneself or a third party, or for the purpose of causing damage to a third party
- Having a relationship in which funds or convenience are provided to members of Organized Crime Group Members, etc.
- The directors or persons substantially involved in management have a socially reprehensible relationship with Organized Crime Group Members, etc.
- If it is discovered that the other party, or an officer or employee of the other party is an Organized Crime Group Member, etc., or falls under any of the items in the preceding paragraph, in violation of the representations and promises in the preceding paragraph, either you or the Company may terminate the Service Agreement without any notice.
- The provisions of Article 15 (Suspension or Termination of Use by the Company, etc.) Paragraphs 2 and 3 shall apply mutatis mutandis in the event that the Company terminates the Service Agreement pursuant to the preceding paragraph.
Article 28 (Transfer of Status, etc.)
- You may not assign, transfer, pledge or otherwise dispose of your status under the Service Agreement or your rights or obligations under these Terms to a third party without the Company’s prior written consent.
- In the event that the Company transfers the business related to the Service to another company, the Company may transfer to the transferee the status under the Service Agreement, the rights and obligations under these Terms, and the Customer’s registration details and other Customer information, and the Customer agrees to such transfer in advance under this paragraph. Note that the business transfer set forth in this paragraph includes not only normal business transfers, but also company splits and any other cases in which the business is transferred.
Article 29 (Severability)
Even if any provision of these Terms is determined to be invalid or unenforceable in whole or in part by law, the remaining provisions of these Terms, and if part of a provision is determined to be invalid or unenforceable, the remaining part of that provision, shall continue in full force and effect.
Article 30 (Governing Law and Court of Jurisdiction)
- These Terms and the Service Agreement shall be governed by the laws of Japan.
- The Tokyo District Court shall be the court of first instance with exclusive jurisdiction over any disputes arising from or relating to these Terms or the Service Agreement.
Revision History
- Enacted: April 1, 2022