These Terms of Use (hereinafter referred to as the "Terms") describe the terms and conditions to be agreed upon by the user (hereinafter, "Party A") with a MagicPod Enterprise Plan agreement (Cloud Edition) (hereinafter, "Service") provided by TRIDENT Corporation (hereinafter referred to as "Party B".)
Article 1 (Terms)
The definitions of the terms used in these “Terms” are as described below.
- “User" refers to the person who has been authorized to use the Service in accordance with these Terms.
- "User ID" is the identifier that uniquely identifies each user of the Service.
- “Organization” refers the data defined to identify the company or group using the Service. At least one user belongs under one organization.
- "Project" is defined as lower-level data under the Organization in the Service. This is primarily for the purpose of managing multiple projects, products, and teams within one Organization.
Article 2 (Application)
These Terms apply to all relationships between Party A and Party B regarding the use of the Service.
Article 3 (Usage Conditions)
- Party B grants Party A the rights to use this Service, on condition of compliance with these Terms.
- The Service may be used for a single Organization designated by Party A.
- The normal Terms of Use of Service shall not be applied to Party A.
Article 4 (User ID and Password Management)
- Party A shall manage its own user ID and password for using the Service, under its own responsibility.
- Party A shall not assign nor loan their user ID or password to a third party. However, this does not apply in cases where a separate agreement has been made between Party A and Party B.
- If the combination of the user ID and password matches the information registered by Party B, the service shall be deemed to be used by the registered user themselves.
Article 5 (Usage fee)
- Party A shall pay to Party B the fee for the Service at the amount and under the conditions separately determined between Party A and Party B at the time the application was made for using the Service.
- Any handling charges required for bank transfer shall be the responsibility of the user.
- If a change in the amount of the fees becomes necessary due to a change in the content of the work, an increase in Party B's expenses due to reasons not attributable to Party B, changes in economic conditions, or other circumstances deemed to be unavoidable, the amount of such fees may be modified upon consultation between Party A and Party B.
Article 6 (Usage Period)
The usage period for this Service shall be determined separately between Party A and Party B at the time of application for this Service.
Article 7 (Support)
Party B shall provide Party A with the support necessary for the use of the Service in accordance with the terms and conditions stipulated between Party A and Party B at the time of application for the use of the Service.
Article 8 (Warranty)
If the Service is defective and does not function as described in the User Manual, Party B shall correct such defect free of charge.
Article 9 (Guaranteed Uptime)
- Party B guarantees that operation of the Service will be available under the following terms and conditions and periods.
- The Service is guaranteed to be available at least 99.5% of the time each month (excluding system maintenance time as specified below).
- Party B may need to temporarily suspend the system for system maintenance of the Service. The system shall not be suspended for a length of time exceeding one hour each time, and such stoppages shall take place on Saturdays, Sundays, and holidays, and advance notification of such shall be made to Party A at least one week in advance.
- In the event that the service's operating period per month falls below the conditions of 1. above due to an abnormality occurring in the service network set up by Party B, if it can be shown that Party B has violated terms of the warranty, or if a claim is made by the end of the following month, Party B may choose to either reduce the usage fee for the following year in which the violation fact occurred or make a partial payment refund.
- The amount of reduction or refund in the preceding paragraph shall be calculated based on the following formula:
- ((System unavailable time/ (Total time over 1 month - Notified maintenance time)) - 0.005) x Charge per month
Article 10（Handling of user information)
The handling of Service user information shall be in accordance with the Privacy Policy stipulated by Party B.
Article 11 (Duty of confidentiality)
- Party B shall not divulge or disclose to any third party any information of Party A obtained in connection with the Service. They shall also not use, reproduce or process such information for any purpose other than the performance of this Agreement.
- The provisions of this Article shall remain in effect not only during the period of use of Service, but also after its use is terminated.
Article 12 (Compensation of damages)
- In case Party B violates these regulations, and causes damage to Party A, Party A may seek the compensation of damages from Party B, up to the sum paid for these Services. However, the Company shall not be liable for indirect damages and lost profits, unless they were caused by its own willful misconduct or gross negligence.
- The damages in the preceding paragraph shall include all costs and expenses incurred by Party A in respect of Party B, including attorney's fees related to lawsuits and other court proceedings.
Article 13 (Restrictions)
Party A shall not perform any of the following actions.
- Reverse engineering, decompiling, disassembling, or examining the source code of software used in the Service.
- Actions breaching laws and regulations, or standards of public morality.
- Actions related to criminal acts.
- Acts that destroy or interfere with the proper functioning of the Servers or networks comprising the Service
- Actions that interfere with the operation of the Service
- Actions involving the collection or accumulation of the personal information, etc., of other users of this Service
- Actions involving the impersonation of other users of the Service
- Acts directly or indirectly providing benefits to antisocial influences in relation to this Service
- Acts that cause a third party to perform any of the prohibited acts set forth in this Article
Article 14 (End conditions)
Party A or Party B may immediately terminate the provision and use of the Service without any notice or demand the same of the other party if any of the following items applies to the other party.
- In case of gross negligence or breach of trust
- In case a promissory note or check is dishonored
- If an application for a provisional seizure, seizure or auction is filed
- In case the payment of taxes and public dues is in arrears
- In the event that a petition is filed for bankruptcy, the commencement of a settlement agreement, corporate reorganization proceedings, corporate liquidation, or special liquidation
- When the breach by the other party with respect to the agreement is not corrected even after a reasonable period of notice is given
Article 15 (Force Majeure)
Neither party shall be liable for any delay or failure to perform all or part of the provisions described herein due to acts of God, war, riot, civil war, terrorism, serious epidemics, other force majeure, enactments, amendments or abolitions of laws and regulations, orders or disposition by public authority, acts of dispute, accidents involving transportation or communication lines, or any other causes beyond the control of the party in question.
Article 16 (Court of jurisdiction)
Tokyo District Court shall have exclusive jurisdiction over all legal proceedings related to these regulations.
Article 17 (Discussion)
- Matters not described in this agreement shall be settled amicably upon consultation between Party A and Party B in accordance with principles of good faith and trust.
- If any questions or doubts arise regarding the provisions of this Agreement, Party A and Party B shall discuss the matter with each other in accordance with principles of good faith and trust, and settle the matter in an amicable manner.
Article 18 (Valid term)
The contents of these Terms of Use are valid only during the period of Party A's use of said Service. The provisions of Article 11 (Duty of confidentiality), Article 12 (Compensation of damages), and Article 16 (Court of jurisdiction) shall remain effective even after the termination of this Service.
Article 19 (Changes to Terms and Conditions)
- Party B may change the contents of these Terms or the Privacy Policy stipulated in Article 10 at any time. In case the Terms or Privacy Policy are changed, Party A shall notify Party B at least 3 months in advance. However, this shall not apply in case a separate agreement exists between Party A and Party B.
- In the event of any changes to these Terms or Privacy Policy, such changes shall not be effective between Party A and Party B during the period of time that you have already applied to use the Service. The changes shall come into effect from the next time you apply to use the Service. However, this shall not apply in case a separate agreement exists between Party A and Party B.
Article 20 (Exclusion of Anti-Social Forces)
The Company and users mutually pledge to the following matters:
- Not to fall under the category of anti-social forces, which includes but is not limited to organized crime groups, members of organized crime groups, individuals who have not elapsed five years since ceasing to be members of organized crime groups, quasi-members of organized crime groups, companies affiliated with organized crime groups, extortionists, advocates of social movements using violence or intimidation, special intelligence violence groups, and other similar entities (hereinafter collectively referred to as "anti-social forces").
- Not to have relationships with anti-social forces, including but not limited to situations where anti-social forces control or substantially participate in one's management, situations where anti-social forces are unreasonably exploited, situations where funds or other benefits are provided to anti-social forces, relationships that are socially condemned due to association with anti-social forces, and other similar relationships.
- Not to engage in threatening behavior, the use of violence, unjust actions such as obstruction of business using fraud or intimidation, defamation of character, or any other acts similar to these towards the other party.
Last updated: March 13, 2024