BizSPOT App Terms of Use

Article 1 (Definition of terms)

The definitions of the terms used in these Terms of Use shall be as follows:

1. (1) BizSPOT Member means a person who has agreed to these Terms of Use and the Teleworkstation ACCEA Café Terms of Use, etc., and who has completed the App's membership registration in accordance with these Terms of Use and the method previously specified by the Company on the Service.
   https://cafe.accea.co.jp/en/terms.php
2. (2) "Profile Information" refers to the self-introduction, images, academic background, employment history, skills, qualifications, career history, and other information specified by the Company that a BizSPOT member has provided on the Service.
3. (3) "Terms and Conditions" refer to this Agreement as well as any other rules, explanations, and regulations established by the Company for the App and website related to the Service.

Article 2 (Responsibility and Rights of Users)

1. (1) The user must agree to and comply with this Terms of Use. By downloading this application or using the Service, the user shall be deemed to have agreed to this Terms of Use.
2. (2) Users shall use the Application at their own risk and agree to take full responsibility for any violations of obligations under these Terms of Use, any and all actions taken using the Application, and any damages resulting from such actions (including damages that may be incurred by the Company).
3. (3) The right to use this application is non-exclusive, and the User may not grant a sublicense, transfer, or assign the contractual status to a third party.
4. (4) The device (including smartphones and tablets, hereinafter referred to as "mobile devices") and computer terminals or other operating environments necessary for operating this app shall be prepared at the expense and responsibility of the user. However, please note that we do not guarantee that this app is compatible with all mobile devices.
5. (5) The communication costs associated with downloading this application and using this service shall be borne by the user.

Article 3 (Content of the Service)

This service is a service provided for the purpose of supporting BizSPOT members in meeting other BizSPOT members, networking and developing their business, as well as for making coworking spaces and teleworkstation spaces available, and this service consists of free services and paid services.

Article 4 (Membership Registration)

1. (1) A person who wishes to use the Service (hereinafter referred to as 'registration applicant') may apply to the Company for registration as a member who can use the Service by agreeing to comply with the Terms of Use and by providing profile information to the Company in the manner prescribed by the Company.
2. (2) The Company shall notify the relevant prospective member who has applied for membership registration in accordance with the Company's criteria, and this notification shall be deemed to complete the registration of the relevant prospective member as a BizSPOT member.
3. (3) Upon completion of registration as set out in the preceding paragraph, a contract for the use of the Service in accordance with these Terms of Use etc. is formed between the BizSPOT Member and the Company, and the BizSPOT Member may use the Service in the manner prescribed by the Company.
4. (4) If the registration applicant is under the age of 18, they cannot apply for membership under the provisions of paragraph 1.

Article 6 (Modification of Profile Information)

1. (1) If a BizSPOT member falls under any of the following items, the Company may, without prior notice or demand, temporarily suspend the use of this service by the BizSPOT member in question and cancel the member's registration, and is under no obligation to disclose any reasons for such suspension.
   1. ① If there is any falsehood in all or part of the profile items or other registration information provided to the Company.
   2. ② if they are under 18 years of age.
   3. ③ If the person is a minor, an adult ward, a person under curatorship or a person under assistance and has not obtained the consent, etc. of a legal representative, guardian, curator or assistant.
   4. ④ In the event that our company determines that a user is affiliated with or involved in any form of interaction or involvement with antisocial forces, including but not limited to organized crime groups, gang members, right-wing organizations, or other similar entities, either directly or through financial contributions or other means, in supporting, operating, or managing antisocial forces
   5. ⑤ If the Company determines that the person is a person who has violated a past contract with the Company or is related to such a person.
   6. ⑥if the person has previously been subjected to the measures set out in this section.
   7. ⑦ Violation of any of the provisions of these Terms and Conditions.
   8. ⑧ If you have not responded to our enquiries or other communications requesting a response for more than 30 days.
   9. ⑨ If the Company otherwise deems the use of the Service or the continuation of registration as a BizSPOT member to be inappropriate.
2. (2) The Company shall not be liable for any damage arising from the suspension of the Service or cancellation of registration in accordance with the preceding paragraph.

Article 7 (Management of Passwords and User IDs)

1. (1) The user shall be responsible for managing and storing their own password and ID, and shall not allow third parties to use, lend, transfer, or change the name of the password or ID.
2. (2) The user shall be liable for any liability due to inadequate management of passwords or IDs, errors in use or use by third parties, etc. and the Company shall not be liable for any liability.
3. (3) If the user discovers that their password or ID has been used by a third party due to theft or other reasons, the user must immediately notify the Company of this and take action in accordance with the Company's instructions.

Article 8 (Free Members and Paid Members, and Usage Fees)

1. (1) After registering as a member, the user can use this service for free as a BizSPOT member without paying any fees. However, if the user wants to use additional features or services, which are called "Paid Plans" that require payment of usage fees, they must apply for and continue to use the paid services as a "Paid Member" who has agreed to the Paid Plans among the BizSPOT members. To continue using the paid plan of this service, the user can apply for the paid service according to the method specified by us, pay the usage fees, and complete other procedures.
2. (2) After applying for a paid plan, it is not possible to change the content of the application or withdraw the application.
3. (3) Even if a paying member stops, suspends or cancels use of the service in the middle of the usage period, no refund or pro-rata settlement of the usage fee will be made.

Article 9 (Settlement and billing methods)

1. (1) Paid members shall pay the usage fees etc. for paid plans in accordance with the methods separately specified by the Company. The fee for use, etc. shall be paid using the payment agent service designated by the Company.
2. (2) Even if a paid member becomes unable to use the Service due to withdrawal, termination, erasure of membership registration, suspension of use, access prohibition to the Service, deletion of account, modification or suspension of the Service, or other measures taken by the Company based on this Agreement, the paid usage fees already paid will not be refunded.

Article 10 (Provision of Services)

In view of the nature of the Service, which is to support BizSPOT members in meeting other BizSPOT members, networking and developing their business, the Company may restrict the provision of all or part of the Service to BizSPOT members who meet certain conditions set by the Company. The Company does not investigate the accuracy of profile information and other information posted by BizSPOT members and does not guarantee the accuracy of the information. Therefore, the Company shall not be liable for any consequences arising from information posted by BizSPOT members.

Article 11 (Handling of Profile Information, etc.)

1. (1) BizSPOT members shall consent in advance to the fact that their profile information, which they have registered for this service, may be viewed or accessed by other BizSPOT members, participating companies, or third parties in accordance with their own privacy settings on this service, and they shall use this service accordingly.
2. (2) The Company uses the personal data of the User obtained in connection with the Service for the following purposes
   1. ①To provide the Service and to communicate about the Service.
   2. ② For the purpose of providing information and notifications about our company's services, as well as sending emails or direct messages (DMs) containing advertising and promotional materials related to our company.
   3. ③ To receive applications, administrative procedures and after-sales services relating to the Service.
   4. ④To contact you regarding membership registration procedures and membership services.
   5. ⑤To provide the information to our affiliated companies to the extent necessary for the use of the above items.
3. (3) We may collect the following information in order to improve the convenience of the Services, optimise advertising effectiveness, deliver advertising and obtain statistical data. However, these data are anonymous and do not contain personal data such as name, address or date of birth.
   1. a. Device information
      Identifiers (e.g. IMEI/UDID, MAC address) tied to technology such as device ID and type, device-specific settings and application settings/characteristics, application crashes, advertising ID (e.g. Google's AAID or Apple's IDFA), language, OS, cookie information that distinguishes BizSPOT member devices and browsers.
   2. b. In-app action history information
      BizSPOT obtains information on the behavioural history of BizSPOT members who access the website of this service, such as the pages viewed and the time of day of use.
   3. c. Cookie information
      BizSPOT obtains information on the behavioural history of BizSPOT members who access the website of this service, such as the pages viewed and the time of day of use.
4. (4) For the purpose of investigating the operation of the Services and the User's compliance with these Terms and Conditions, the Company may view all information posted and sent/received within the Application.
5. (5) Please see the following privacy policy for the purposes of collecting and using profile information and other information.
   https://spot.accea.co.jp/privacy_policy.php

Article 12 (Prohibited matters)

1. (1) Users shall not commit any of the following acts, or send messages containing any of the following content or expressions (including content or expressions that may be applicable), or include any of these in their profile information.
   1. ① Prohibited commercial activities, etc.
      1. a. Information relating to network businesses (including MLM, money games, etc.), pyramid schemes, solicitation of e-mail leads, and similar information.
      2. b. Acts such as exchanging IDs to induce users to other SNS, message/mail apps, communication apps/tools, etc., using the matching function, message function, noticeboard function or other functions of the App.
      3. Advertisements, promotions, and information aimed at commercial transactions (including their advertising, announcements, and solicitations), involving the sale, purchase, or exchange of goods or services, regardless of whether they are for-profit or non-profit purposes, that our company deems inappropriate in terms of causing harm to other users or violating public order and morals while using the service.
      4. d. the transfer of the right to use all or part of the Services.
      5. e. The act of engaging in or promoting, advertising, or soliciting transactions involving the exchange of cash or other assets, or benefits in property, in return for the rights to use all or part of this service.
   2. ②Those that defame or injure the reputation of other users or other third parties, infringe their rights, etc.
      1. a. Acts, expressions, transmission of content, etc. that defame, slander or insult other users or other third parties, or damage their honour or credibility.
      2. b.Transmission of expressions and content that lead to discrimination on the basis of race, ethnicity, gender, creed, social status, place of residence, physical characteristics, medical history, education, property, etc.
      3. c. Transmitting, etc. personal information (except for information on celebrities and other persons that is publicly available) without the consent of the person concerned.
      4. d. Acts that infringe or may infringe the rights of third parties, such as trademarks, copyrights, moral rights and other intellectual property rights, portrait rights and publicity rights.
      5. e. Violating or threatening to violate the property, privacy or other personal rights of third parties.
   3. ③ Items contrary to social ethics, laws and regulations, etc.
      1. a. Actions that promote, endorse, solicit, or facilitate illegal activities such as illegal drug substances, firearms, swords, or other illegal weapons, explosive manufacturing, prostitution, provision of child pornography, forgery of official documents, murder, assault, fraud, theft, or any other criminal acts or violations of laws that may encourage or facilitate such behavior.
      2. b. Acts that are or may be socially harmful, such as encouraging, affirming or facilitating criminal or other violations of law.
      3. c. Threats and stalking that inform the other person of harm with the intention of creating fear in the other person.
      4. d. Pre-election campaigning, election campaigning or similar activities, and activities in conflict with the Public Offices Election Law.
      5. e. Transmission of computer viruses or other harmful computer programs, etc.
      6. f. Other acts that violate or may violate laws and regulations or public order and morality.
   4. ④Actions that lack common sense or decency.
      1. a. Transmission of content that affirms, solicits, or encourages or may encourage murder, abuse, suicide, or suicidal acts (including acts such as transmitting methods of murder or suicide)
      2. b. Transmission of excessively cruel or violent content or images (including illustrations and paintings), etc.
      3. c. Transmission of expressions and content that are or may be interpreted as inappropriate from a socially accepted point of view.
      4. d. Transmission of content including adult images and videos (including illustrations and paintings), etc.
      5. e. Transmission of content and images (including illustrations and paintings) that significantly stimulate sexual desire, etc.
      6. f. Transmission of sex-related expressions that evoke obscene acts or subjects, or other indecent expressions or content, etc.
      7. g. Transmission of acts, expressions or content that are contrary to sound social conventions and offensive to decency, etc.
      8. h. Heterosexual intercourse with an unacquainted person of the opposite sex (i.e. intercourse based on feelings (sexual feelings) in which interest in the fact that the other person is a man or a woman is a significant factor. The same applies hereinafter). Transmission of information, etc. for the purpose of
   5. ⑤Others
      1. a. Acts in breach of the law or related to criminal acts or acts against public order and morals.
      2. b. fraudulent or threatening behaviour towards the Company, other users of the Services or other third parties
      3. c. Soliciting, proselytising, asking for donations, etc., to religious organisations or organisations that could be regarded as such, or acts that could lead to such acts.
      4. d. Exchange of money between users.
      5. e. Acts aimed at engaging in romantic or sexual relationships with unfamiliar members of the opposite sex.
      6. f. Entering false profile information, etc.
      7. g. collecting, using or eliciting personal information of other users.
      8. h. Infringement of the intellectual property rights, portrait rights, rights of privacy, honour or other rights or interests of the Company, other users of the Services or other third parties.
      9. i. Acts that place an excessive load on the Service's network or system, etc.
      10. j. Reverse engineering of software and other systems provided by the Company or its business partners, acts of mechanically obtaining the Company's data using programs, etc. (e.g. scraping) and other acts for the purpose of analysis or specification research.
      11. k. Acts that may interfere with the operation of the Service.
      12. o. Acts that cause disadvantage, damage or discomfort to the Company, other users of the Services or other third parties.
      13. m. Misrepresenting oneself or one's organisation, etc. (including fraudulently impersonating another person), whether as an individual or as a legal entity.
      14. n. the use of the IDs or passwords of other users of the Service.
      15. o. Acts that cause disadvantage, damage or discomfort to the Company, other users of the Services or other third parties.
      16. p. Provision of benefits to anti-social forces, etc.
      17. q. Violation of these Terms of Use, etc.
      18. r. Attempting any of the acts referred to in paragraph 1 of this Article in addition to the preceding items.
      19. s. in addition to the preceding items, acts that directly or indirectly cause or facilitate the acts set out in this item.
      20. t. Any other conduct deemed inappropriate by the Company.

If the Company determines that a user has violated any of the prohibitions in the preceding paragraph, the Company may delete the content of the violation, suspend use of all or part of the Service, expel the user from membership or take any other measures that the Company deems appropriate. The Company shall not be liable for any damage, etc. caused to the user or other third parties as a result of measures taken in accordance with this Article.

Article 13 (Deletion of information etc., suspension of service and deletion of accounts)

1. (1) In order to operate the Services properly and smoothly, the Company may, without prior notice, take other necessary measures such as deleting data or content, suspending use of all or part of the Services, prohibiting access to all or part of the Services or deleting accounts in the following cases.
   1. ① If the user violates any of the prohibitions set out in these Terms of Use or the Teleworkstation ACCEACafé Terms of Use, etc.
   2. ② In the event of urgent inspection or maintenance work on the computer system pertaining to the Service.
   3. ③ If the Service cannot be operated due to computer or telecommunication line failures, mishandling, excessive concentration of access, unauthorised access, hacking, etc.
   4. ④ If the Service cannot be operated due to force majeure, such as earthquake, lightning, fire, windstorm, flood, power failure or natural disaster.
   5. ⑤In any other case where the Company deems it necessary to suspend or discontinue the service.
2. (2) The Company shall not be liable for any damage caused to the user or other third parties as a result of the measures described in the preceding paragraph.

Article 14 (Changes, Suspension, etc. of the Service)

1. (1) The Company may, at any time and without prior notice to the User, change all or part of the Service, discontinue its provision and terminate the provision of the Service.
2. (2) The Company shall not be liable for any damage, etc. caused to the user as a result of measures taken by the Company in accordance with these Terms of Use, etc.

Article 15 (Scope of liability)

1. (1) The Company shall not be liable for any troubles and disputes, including dating and exchanges between users, troubles and disputes with third parties and damages related to these, and the users themselves shall resolve these at their own responsibility and cost burden.
2. (2) In order to ensure the sound operation of the Service and to improve the Service, the Company agrees in advance that it may check the usage status, etc. of users who have violated or may violate any of the provisions of these Terms of Use, etc. and may take any other measures that the Company deems necessary, such as deleting the registration, suspending usage, deleting profile information, etc. of the relevant user.
3. (3) The content posted as profile information has not been investigated for accuracy, etc. by the Company, and the users who have viewed the profile information are responsible for determining the accuracy, etc. of the content of their own descriptions, for which the Company assumes no responsibility.
4. (4) The identification mark attached to the profile information provided on the service is a mark indicating that the Company has matched the official identity card with the photo, but the Company does not guarantee that the subject of the photo is the BizSPOT member who provided the profile information in question, and the user shall judge the accuracy of the profile information on their own responsibility and the Company shall bear no responsibility whatsoever.

Article 16 (Withdrawal from membership, erasure of member information, etc.)

1. (1) BizSPOT members can withdraw from the Service by completing the cancellation procedure via the withdrawal function on the Service. However, upon withdrawal from the membership, if there are any debts owed to the Company, the user will naturally lose the benefit of time with regard to all debts owed to the Company and must immediately pay all debts to the Company before withdrawing from the membership.
2. (2) If a BizSPOT Member (excluding paying members) does not connect to the Service for a period of six months counting from the date of their last connection to the Service, the Company may deactivate their account, cancel their membership registration, suspend their use or delete their profile information and other measures deemed necessary by the Company.

Article 17 (Disclaimer of Warranties)

1. (1) The company does not guarantee the absence of factual or legal defects (including but not limited to defects related to safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, errors, bugs, infringements of rights, and the like) in this application and this service.
2. (2) The Company shall not be liable for the deletion or loss of BizSPOT Members' profile information, etc., the loss of data or malfunction or damage to equipment resulting from the use of the Service, or any other damage suffered by users or other third parties in connection with the Service.

Article 18 (Attribution of rights)

1. (1) Ownership, intellectual property rights and other rights relating to the Services, the App and the Company's website, etc. relating to the App belong to the Company or persons who have granted licences to the Company, and use of the Services based on registration as set out in these Terms of Use, etc. does not imply any licence to use these rights in any way.
2. (2) The User represents and warrants that he/she has the lawful right to post or otherwise transmit the information, etc. posted by the User in relation to the Services (hereinafter referred to as "Posted Information") and that he/she does not infringe the rights of any third party.
3. (3) The copyright of the information (text, still images, moving images, and all other information, hereinafter referred to as "Posted Information") that a user posts or otherwise transmits on this service belongs to the user, including all copyrights, including the rights specified in Article 21 or Article 28 of the Copyright Act. However, by sending the Posted Information, the user grants to the Company the right to use (including reproduction, copying, modification, re-licensing to third parties, and all other uses) the Posted Information free of charge and on a non-exclusive basis. The license includes no restrictions on duration, territory, or methods of use. The user also agrees not to exercise any moral rights with respect to the Posted Information licensed to the Company, the successors of the Company's rights, or other users.

Article 19 (Disclaimer)

1. (1) If the Company is liable for damages to users or other third parties in relation to the Service, it shall only be liable within the scope of normal and actual damages suffered and shall not be liable for damages arising from special circumstances, and in the case of paid plans, shall be liable for damages up to an amount equivalent to one month's usage amount received from the relevant paid member in the month in which the relevant damages occurred.
2. (2) In addition to the preceding item, the provisions relating to our disclaimers stipulated in these Terms of Use shall apply insofar as they do not contravene the Consumer Contract Act, if the user is a consumer under that Act.

Article 20 (Changes to these Terms of Use, etc.)

1. (1) We reserve the right to change these Terms of Use if we deem it necessary. If the Terms of Use are changed, the effective date and content of the changed Terms of Use shall be made known or notified to the user via a notice on our website or by other appropriate means.
2. (2) When the User uses the Services after the effective date of the amended Terms of Use, the User is deemed to have agreed to the amended Terms of Use.
3. (3) The Company shall not be liable for any damages incurred by the user as a result of changes to these Terms of Use.

Article 21 (Notification and communication)

If the Company contacts or notifies an email address or other contact details obtained from the User, the User shall be deemed to have received such contact or notification at the time when it should normally have arrived.

Article 22 (Assignment of contractual status, etc.)

1. (1) The user may not, without the prior written consent of the Company, assign, succeed or offer as security to a third party all or part of his/her contractual status or rights and obligations under these Terms of Use, etc.
2. (2) If the Company transfers the business relating to the Service to another company, the Company may transfer the contractual status, rights and obligations under the Terms of Use, etc. and the user's profile information and other customer information to the transferee of such business transfer, and the user shall consent to such transfer in this paragraph. The user shall be deemed to have agreed in advance to such transfer. The business transfer stipulated in this paragraph includes not only ordinary business transfers, but also company splits and any other cases where business is transferred.

Article 23 (Severability)

Even if any provision or part of the Terms of Use, etc. is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of the Terms of Use, etc. and the remaining parts of provisions that are determined to be invalid or unenforceable in part shall remain in full force and effect. In addition, the Company and the User shall amend the Terms of Use, etc. to the extent necessary to make such invalid or unenforceable provisions or parts thereof lawful and enforceable, and shall endeavour to ensure that such invalid or unenforceable provisions or parts have the same purpose and the same legal and economic effect as before.

Article 24 (Governing law and court of jurisdiction)

1. (1) These Terms of Use etc. are governed by the laws of Japan.
2. (2) The Company and the User agree to submit to the exclusive jurisdiction of the Tokyo District Court as the court of first instance in the event of any dispute concerning the Application, these Terms of Use, etc. and the Service.

Article 25 (Consultative settlement)

In the event of any matters not stipulated in these Terms and Conditions or any doubts regarding the interpretation of these Terms and Conditions, the Company and the User shall promptly resolve them through mutual consultation in accordance with the principle of good faith.