Access Azure Drive (AZD) Terms of Use (tentative version)

These Terms of Use (hereinafter referred to as the "Terms") apply to the use of this service (defined in Article 1, Item 2) provided by Inforce Co., Ltd. (hereinafter referred to as the "Company"). It sets the conditions.

Article 1 (Definition)
In these Terms, the meanings of the terms specified in each item of this article are as follows.
(1) “AZD” means the upsizing tool called “Access Azure Drive (AZD).”
(2) "Service" means the Company's services that provide AZD (including the Company's services incidental to the provision of AZD and the Company's services related to the use of AZD). Details of this service are available at the URL below.
https://accessupsizing.com
(3) "Member" means a member who, after agreeing to the contents of these Terms, applies for membership registration for this service in accordance with the membership registration procedure for this service specified by the Company and is registered as a member after the Company accepts the application. It means someone who has registered in order to use this Service, you must register as a member of this Service and become a member of this Service.
(4) “Service Usage Agreement” means the contract regarding the use of the Service, including these Terms, that is established between the Member and the Company is based on these Terms.
(5) "Account" means the ID and password for using the Service.
(6) "Service usage fee" means the consideration paid by the member to the Company for the use of the Service (including membership fees related to the Service).
(7) “Site” means our website (https://accessupsizing.com) related to this service.
Article 2 (Application of Terms)
These Terms shall apply to all relationships between users and the Company regarding the use of this Service.
Article 3 (Application for membership registration and use of this service, acceptance thereof, etc.)
1. A person who intends to use this Service shall agree to the contents of this Agreement and then apply for membership registration and use of this Service in accordance with the procedures prescribed by the Company (including membership registration procedures for this Service).
2. If you register as a member of this Service or apply to use this Service, you will be deemed to have agreed to these Terms.
3. Notwithstanding the provisions of the preceding paragraph, the Company will accept an application for membership registration and use of this Service if the person who applied for membership registration and use of this Service falls under any of the following: We may not do so, and we are not obligated to disclose the reasons why.
(1) If false information is reported when applying for membership registration and use of this service.
(2) If the application is from a person who has violated these Terms.
(3) If there is a suspected history of usage that violates the law, such as sending spam mail or making false claims.
(4) If our company determines that we are unable to provide this service
(5) In addition to the above, if the Company determines that there is a hindrance to the execution of the Company's business.
4. If the Company accepts the application for membership registration and use of the Service as set forth in Paragraph 1, the Service Usage Agreement shall be established.
5. If there is a change in the contents of membership registration, the member shall promptly notify the Company using the method prescribed by the Company and change the registered contents.
6. If this service usage agreement is terminated, your membership registration will be canceled at our discretion.
Article 4 (Attribution of rights, limitation of scope of use, etc.)
1. Intellectual rights such as copyrights related to programs, contents, other software (including AZD and related manuals and other materials), documents, trademarks, etc. (hereinafter referred to as "this software, etc.") related to this service. Property rights, ownership rights, and all other rights belong to the Company or a third party with permission from the Company. Permission to use the Service does not mean permission to use the rights of the Company or the third party regarding the Service or the Software.
2. Except for the scope explicitly permitted in this Service Use Agreement (the scope of non-exclusive use of AZD and related materials such as manuals provided by the Company to Members based on this Service Use Agreement), You may not use, copy, transfer, lend, license, publicly transmit, make transmittable, modify, translate, adapt, or make secondary use of this software, etc., in whole or in part.
Article 5 (Prohibition of use exceeding the number of licenses)
1. Members shall not use AZD or related materials or this Service in excess of the number of licenses specified in this Service Usage Agreement.
2. If a member violates the provisions of the preceding paragraph, the Company may charge the member an additional fee separately determined by the Company.
3. In order to confirm that the member is not violating the provisions of Paragraph 1, the Company will notify the member in advance and investigate the usage status of this service (including on-site investigation of the member's business office). It shall be possible to do so. Additionally, members shall cooperate as much as possible with our investigation.
Article 6 (Account Management)
1. Members shall manage this account at their own responsibility.
2. Members may not transfer or lend this account to a third party.
3. If this account is registered as a member's account, the Company will treat the use of the account as being used by the member.
4. The Company shall not be held responsible for any damage caused to Members due to unauthorized use, insufficient management, or errors in use of this Account.
Article 7 (Usage environment and data backup)
1. Members shall prepare an environment (including Azure SQL Database, SQL Server, etc.) to use this service at their own responsibility and expense. Additionally, communication costs and any other costs necessary for using this service shall be borne by the member.
2. Members shall use this Service in a usage environment separately recommended by the Company.
3. Members are responsible for backing up data related to this service, and our company is not obligated to do so.
Article 8 (Service usage fees and payment conditions)
1. The member shall pay the Service usage fee separately determined by the Company to the Company, by the payment method separately designated by the Company, by the payment deadline separately determined by the Company. The service usage fee, its payment method, and payment deadline are posted on the URL below.
https://accessupsizing.com/e/price.html
2. If the member is late in paying the service usage fee, the member shall pay a late payment fee at the rate of 14.6% per year.
Article 9 (Prohibited acts)
1. When using this service, members must not engage in any acts that fall under any of the following items, or any acts that may be likely to fall under any of the following.
(1) Acts that violate these Terms of Use
(2) Acts of using this service for purposes different from the original purpose of providing the service.
(3) Acts of allowing a third party to use AZD or related materials or this service
(4) Acts that interfere with the operation of this service
(5) Acts that damage the credibility of our company or this service
(6) Acts of impersonating other members
(7) Acts that infringe on the intellectual property rights, proprietary rights, and other rights of the Company or a third party.
(8) Acts of destroying or interfering with the functions of software, hardware, etc. used by the Company or other members.
(9) Acts of collecting or accumulating personal information or history information of other members without permission.
(10) Acts that violate social norms or public order and morals
(11) Acts that violate the laws and regulations of Japan or the country/region where the member is located.
(12) Acts of providing or disseminating false information
(13) Acts of using technology that is malicious as computer viruses etc.
(14) Acts of tampering with this site
(15) Acts of causing or assisting a third party to perform the acts specified in each of the above items.
(16) Other acts that our company deems inappropriate.
2. If a member engages in any of the prohibited acts set forth in the preceding paragraph, the Company will immediately restrict or suspend the use of all or part of the Service for the member without any notice or demand. The Service Usage Agreement may be terminated. When taking measures pursuant to this section, the Company is not obligated to disclose the reason for taking such measures, nor shall the Company be liable for any damages or other damages related to such measures.
3. If the Company suffers damage due to the actions of a member falling under paragraph 1, the Company may claim compensation for such damage from the member.
Article 10 (Suspension or suspension of service provision)
1. If any of the following items apply, the Company may suspend the provision of all or part of the Service without prior notice to the member. However, if the Company determines that there is no emergency, the Company shall notify the member in a manner deemed appropriate.
(1) Maintenance and maintenance of the system related to this service (including software related to this service (including materials such as AZD and related manuals), hardware, etc., hereinafter referred to as "this system") When performing an inspection
(2) If a failure occurs in this system
(3) When performing troubleshooting, repair, etc. of this system.
(4) If this service cannot be provided due to unauthorized access from a third party, computer virus infection, etc.
(5) In the event of an accident such as a fire, power outage, natural disaster such as an earthquake, typhoon, flood, or other emergency situation.
(6) If the operation of this service becomes difficult due to war, civil war, riot, disturbance, labor dispute, etc.
(7) When a telecommunication carrier suspends the provision of telecommunication services
(8) If this service cannot be provided due to measures based on laws and regulations, etc.
(9) If our company reasonably determines that it is necessary to suspend or stop the provision of this service
2. The Company shall not be responsible for any damage caused to members or third parties due to the suspension or suspension of the provision of this service based on the preceding paragraph.
3. The Company shall not be liable for any interruption or suspension of the provision of the Service due to the reasons listed in each item of Paragraph 1.
Article 11 (Disclaimer of warranty)
1. The Company does not guarantee that the Service and the System will be free from defects, errors, bugs, etc.
2. If a defect, etc. is discovered in the Service or the System, the Company may, at its discretion, endeavor to correct the defect, etc., but is not obligated to correct the defect, etc.
3. Our company makes no warranties, express or implied, regarding the following matters.
(1) This service is compatible with the member's specific purpose.
(2) This service has the functions, commercial value, completeness, accuracy, certainty, usefulness, etc. expected by members.
(3) Members can continue to use this service.
Article 12 (Inquiries)
Inquiries regarding this service can be made through the inquiry desk provided on this site.
Article 13 (Notice from our company)
1. When the Company provides notifications, etc. (including communications and responses to inquiries; the same shall apply hereinafter) to members, the Company may do so by posting on this website, sending e-mails, sending documents, or any other method that the Company deems appropriate.
2. In the case where the Company provides notices, etc. in the preceding paragraph by posting on this site, sending e-mails, or sending documents, the time when the Company posts on this site, sends e-mails, or sends documents is when it shall take effect from.
Article 14 (Distribution of advertising emails)
The Company may send e-mails such as advertisements and promotions related to the Company's business to the registered e-mail address of the member concerned, and the member agrees to this in advance.
Article 15 (Changes to these Terms)
1. The Company may change these Terms within the scope of the purpose of the Service if the Company deems it necessary.
2. If we make any changes to these Terms, we will notify members of the details of the changes and the effective date of these Terms by posting on this website, sending e-mail, or other methods we deem appropriate. shall be done.
3. If the Company notifies the contents of changes by posting them on this site, the notification to members as stipulated in the preceding paragraph will be completed when the contents of the changes are displayed on this site and can be viewed by members. It is assumed that the
4. If a notice of change is given pursuant to this article, the revised Terms of Use shall apply regardless of the member's knowledge or ignorance.
5. If a member uses this service after the changes to these Terms have come into effect pursuant to Paragraph 2, the member will be deemed to have agreed to all of the contents of the changed Terms.
Article 16 (Disputes with third parties, etc.)
If a dispute, etc. arises with a third party in connection with the use of this service, the member shall resolve the dispute, etc. at his/her own expense and responsibility. Additionally, if the Company suffers damage due to a dispute, etc. that arises between a member and a third party, the member shall compensate the Company for the damage suffered.
Article 17 (Limitations on compensation for damages)
1. The Company shall not be liable to members at all, except in cases where the damage is caused by the Company's intention or gross negligence.
2. Even if our company is liable for damages to a member in connection with this service or this service usage contract for any reason, (1) the scope of damages that our company will bear to the member concerned is - damages arising from special circumstances, indirect damages, derivative damages, consequential damages, loss of business opportunities, interruption of business, lost profits, loss of data, (2) The total amount of damages that the Company will bear to the member concerned shall be determined regardless of whether the claim is due to default (including liability for non-conformity to contract), tort, unjust enrichment, or any other legal cause. Regardless of the above, the amount shall not exceed the total amount of Service Usage Fees received by the Company from the Member pursuant to the Service Usage Agreement during the one month period preceding the date on which the event that caused the damage occurred.
Article 18 (Confidentiality)
Members shall treat non-public information disclosed by the Company to the Member in connection with this Service confidentially, unless prior written consent is obtained from the Company.
Article 19 (Prohibition of transfer of rights and obligations)
Members may not, without the prior written consent of the Company, control all or part of this Service Use Agreement and any rights and obligations arising in connection with this Service Use Agreement, or the status of the parties under this Service Use Agreement, to a third party. It shall not be transferred to another person, inherited, or used as collateral.
Article 20 (Exclusion of anti-social forces)
1. Members who are members of organized crime groups, those who have ceased to be members of organized crime groups for less than five years, quasi-members of organized crime groups, companies related to organized crime groups, corporate racketeers, social movement thugs, persons belonging to special intelligence violent groups, and others. (hereinafter collectively referred to as "anti-social forces"), and that it does not fall under any of the following items and promises that it will not fall under any of the following items in the future. will do.
(1) Having a relationship that is deemed to involve unfair use of anti-social forces, such as for the purpose of gaining fraudulent profits for oneself or a third party, or for the purpose of causing damage to a third party.
(2) Having a relationship that is deemed to be involved in providing funds, etc. or providing benefits to anti-social forces.
(3) Having a socially reprehensible relationship with antisocial forces
(4) Having a relationship that is recognized as conducting business with anti-social forces or companies or organizations related to anti-social forces.
2. Members shall ensure that they will not engage in any of the following acts against the Company, either by themselves or through the use of a third party.
(1) Violent demands
(2) Unreasonable demands that exceed legal responsibility
(3) Behaving in a threatening manner or using violence
(4) Spreading rumors, using fraudulent means or force to damage the credibility of our company, or disrupting our business.
(5) Other acts similar to the preceding items.
3. If a member violates any of the preceding two paragraphs, the Company will immediately restrict or suspend the use of all or part of the Service, or suspend the use of the Service without any notice or demand. You may cancel the usage contract.
4. The Company shall not be responsible for any damage caused to the Member due to the preceding paragraph.
Article 21 (Contract period)
The term of this service usage contract will be automatically renewed on a monthly basis (ending at the end of the month) unless otherwise agreed between the member and the Company.
Article 22 (Cancellation by member)
If a member wishes to cancel this service usage agreement (including refusing automatic renewal), the member shall notify of the cancellation in advance by the method prescribed by the Company.
Article 23 (Cancellation/cancellation by our company)
1. The Company may cancel this Service Usage Agreement at any time by notifying the Member in advance in a manner that the Company deems appropriate.
2. If a member falls under any of the following items, our company may immediately cancel all or part of this service usage agreement without any notice or demand.
(1) In the event of violation of these Terms
(2) If you receive a transaction suspension disposition from a financial institution or a dishonored disposition from a clearinghouse
(3) If payment is suspended
(4) In the event of seizure, provisional seizure, provisional disposition, compulsory execution, petition for auction, or disposition for delinquency of taxes and public dues, etc.
(5) When there is a petition for bankruptcy, special liquidation, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, or other commencement of bankruptcy proceedings.
(6) If a supervisory authority suspends business or cancels business license or business registration.
(7) When all or an important part of the business is transferred, or a resolution is made to do so.
(8) If a resolution is made to abolish or change the business, dissolve it, or merge with another company.
(9) In the event that a deterioration of credit status or property status or a reasonable cause that is deemed to be likely to occur occurs.
(10) In addition to the preceding items, if a reason arises that makes it difficult to continue providing this service, or if the Company determines that it is inappropriate for a member to use this service.
3. Exercising the right to cancel in the preceding paragraph shall not preclude claims for damages.
4. The Company shall not be liable for any damage caused to the member due to the cancellation under Paragraph 1 or the cancellation under Paragraph 2.
Article 24 (Measures upon termination of contract)
If this service usage agreement is terminated, the member shall immediately stop using AZD and related materials such as manuals and other services.
Article 25 (Jurisdictional Court)
For any disputes arising out of or related to this service or these Terms, the summary court or district court that has jurisdiction over the location of our company's head office shall have exclusive jurisdiction in the first instance.
Article 26 (Governing law)
These Terms shall be governed by and interpreted in accordance with Japanese law.
Article 27 (Remaining Clause)
Article 3, Paragraph 6, Article 8, Article 9, Paragraph 2 and Paragraph 3, Article 10, Paragraph 2 and Paragraph 3, Article 11, Article 14, Article 16, Article 17, Article The provisions of Article 18, Article 19, Article 20 Paragraph 4, Article 23 Paragraphs 3 and 4, Article 24, Article 25, Article 26, and this article shall remain effective even after the termination of this Service Usage Agreement. shall continue to exist.
Supplementary provisions
Established and enforced on October 1, 2022