Terms of Service
These Terms of Service (hereinafter referred to as “Terms”) stipulate the conditions for use of “Shodan Pro” (hereinafter referred to as the “Service”) provided by Shodan Pro Co., Ltd. (hereinafter referred to as the “Company”). By using the Service, you are deemed to have agreed to these Terms, so please read these Terms thoroughly before using the Service.
Article 1 (Application)
- The contents of the Service and other conditions for use of the Service shall be as set forth in these Terms.
- If the Company presents additional terms and conditions for the Service to users separately from these Terms, such terms and conditions shall constitute a part of these Terms, and users must use the Service in accordance with such terms and conditions in addition to these Terms.
- In the event of any conflict between the provisions of these Terms and the terms and conditions set forth in the preceding paragraph, the provisions of these Terms shall prevail. Users must comply with the provisions of these Terms when using the Service. Users cannot use the Service unless they agree to these Terms.
- The Company may modify these Terms within the scope of the purpose of the Service when the Company deems it necessary.
- Modifications to these Terms in the preceding paragraph shall be made known to users by displaying the content and effective date of the modified Terms on the Service or the Company’s website, or by notifying customers through methods determined by the Company. The modified Terms shall become effective from the effective date.
Article 2 (Service Agreement)
- Those who wish to use the Service shall apply for use of the Service by entering necessary information through the Company’s Service registration form or by filling out necessary information on an application form designated by the Company. The service agreement (hereinafter simply referred to as “Service Agreement”) between the applicant and the Company shall be established when the entered information reaches the Company or when the Company receives the application form and approves the application.
- When a user is an officer, employee, director, or staff member of a corporation or other organization and uses the Service for the business of such organization, the user represents and warrants that they have the authority to represent or act on behalf of such organization in entering into the Service Agreement with the Company, and shall be obligated to compensate for all damages caused to the Company or third parties due to violation of such representation and warranty.
- After the establishment of the Service Agreement, the Company shall issue IDs, passwords, etc. (hereinafter referred to as “IDs, etc.”) necessary for use of the Service to users.
- The Company may refuse to conclude a Service Agreement or revoke the right to use the Service if the applicant referred to in Paragraph 1 falls under any of the following circumstances, and shall have no obligation to disclose the reasons:
- When all or part of the information provided to the Company contains falsehoods, errors, or omissions
- When the user is a resident outside of Japan
- When the Company determines that the person is or is involved with anti-social forces (meaning organized crime groups, organized crime group members, persons who have not passed five years since ceasing to be organized crime group members, quasi-organized crime group members, organized crime group-related companies, corporate racketeers, groups engaging in criminal activities under the pretext of conducting social campaigns, crime groups specialized in intellectual crimes, and other persons equivalent to these; the same shall apply hereinafter) or is cooperating or involved in the maintenance, operation, or management of anti-social forces through funding or other means
- When the Company determines that the person has violated a contract with the Company in the past or is related to such a person
- When applicable laws or these Terms have been violated
- When damaging the Company’s credibility through spreading rumors, deception, force, or other improper means
- In other cases where the Company determines it inappropriate to allow use of the Service
- When users add or modify registration information themselves, they must register true, accurate, and complete information and must always keep it up to date. Users shall notify the Company without delay of any changes to the information provided to the Company at the time of application.
Article 3 (Customer Responsibilities)
- Part of the Service is provided through the Internet, and users shall use such services through a web browser or applications designated by the Company.
- The Company grants users a non-exclusive, non-transferable, non-sublicensable right to use the Service within the scope prescribed by the Company, and users may use the Service in accordance with the provisions of these Terms.
- Users shall use the Service at their own responsibility.
- When users download and use third-party names, phone numbers, email addresses, and other contact information (hereinafter referred to as “Contact Information”) registered in the Service, they shall do so entirely at their own judgment and responsibility, and the Company bears no responsibility whatsoever. The same applies when users connect to third-party services through the Service provided by the Company to use Contact Information.
- Users shall conduct marketing activities using Contact Information at their own responsibility in accordance with the Act on the Protection of Personal Information, the Act on Regulation of Transmission of Specified Electronic Mail, other applicable laws and regulations, and advertising guidelines.
Article 4 (Third-Party Services)
- When users integrate with CRM, advertising distribution tools, or other services provided by third parties, or import Contact Information from the Service to such third-party services, or import Contact Information from such third-party services to the Service, users represent and warrant that they have legitimate usage rights for such third-party services and will use them in accordance with the terms of use and other usage conditions of such third-party services.
- The Company acknowledges and agrees that it provides no warranty regarding the continuity of the integration functions and data import functions mentioned in the preceding paragraph.
Article 5 (Management of IDs, etc.)
- Users shall manage and maintain IDs, etc. necessary for use of the Service at their own responsibility, and the Company shall not be liable for any damages in cases of theft, loss, unauthorized use, or unauthorized use by third parties. Furthermore, when a user’s IDs, etc. are used, the Company shall deem such use as use by the user concerned, and the user shall bear responsibility for all acts performed using their IDs, etc. and the results thereof, regardless of the reason.
- Users shall not allow third parties to use IDs, etc., nor lend, transfer, change names, buy or sell them.
- If IDs, etc. are stolen or leaked, if users forget their IDs, etc., or if it is suspected that IDs, etc. are being used by third parties against the user’s will, users shall immediately notify the Company and follow the Company’s instructions.
Article 6 (Service Fees)
- The usage fee for the Service shall be free of charge.
- Notwithstanding the provisions of the preceding paragraph, users acknowledge and agree that the Service is an experimental service and that all or part of the Service’s functions may be monetized in the future.
- When the Company monetizes all or part of the Service, it shall notify users in advance with a sufficient period of time, and users may terminate the Service Agreement before monetization.
- Even when users terminate the Service Agreement pursuant to the provisions of the preceding paragraph, users acknowledge and agree that Contact Information already being jointly used with other users and the Company may continue to be used by other users and the Company within the scope of the purpose of joint use after termination.
Article 7 (Handling of Confidential Information)
- The Company and users shall maintain confidential information regarding the other party’s business or technical information disclosed in connection with the Service (hereinafter referred to as “Confidential Information”), shall not disclose or leak it to any third party without prior written approval from the other party, and shall not reproduce it. However, the following information shall not be considered Confidential Information:
- Information already possessed by the recipient at the time of receipt・Creating target lists
- Information that is public knowledge at the time of receipt or becomes public knowledge after receipt through no fault of the recipient
- Information legitimately obtained from a third party without violating confidentiality obligations after receipt
- Information independently developed or created without relying on disclosed Confidential Information
- Recipients shall not use Confidential Information disclosed by the other party for any purpose other than providing or using the Service.
- Recipients may disclose disclosed Confidential Information to third parties only when necessary, with prior written approval from users and only when imposing confidentiality obligations similar to those in the Service Agreement.
- Notwithstanding the provisions of the preceding three paragraphs, users and the Company shall be exempt from the confidentiality obligations of this article regarding Contact Information to the extent that they use or provide it to third parties within the scope of the purpose of joint use of Contact Information jointly used by users and the Company.
- Users agree that their names (limited to when the user is a sole proprietor) or the name of the organization to which the user belongs will be published on the Company’s website as the scope of joint use of Contact Information.
Article 8 (Handling of Personal Information)
- The Company’s handling of personal information shall be governed by the Company’s Privacy Policy, and users agree to the Company’s handling of personal information in accordance with this policy.
- Users shall publish or timely notify the relevant individuals about the joint use by all users of the Service and the Company as defined in the Company’s Privacy Policy, at their own responsibility through privacy policies or other means established by the user or the organization to which the user belongs.
- Users shall not register in the Service personal information obtained from list businesses, personal information obtained through third-party provision as defined in Article 27, Paragraph 2 of the Act on the Protection of Personal Information, illegally obtained personal information, or personal information of residents outside Japan.
- Users shall not use the Service from permanent bases outside Japan.
Article 9 (Subcontracting)
The Company may subcontract all or part of the work related to the Service to third parties under the Company’s responsibility. The Company may provide information about users, including Confidential Information and personal information, to the extent necessary to achieve the purpose of the subcontract, after concluding contracts regarding the protection of Confidential Information and personal information with such third parties in advance, and users agree to this in advance.
Article 10 (Attribution of Rights)
- All ownership, intellectual property rights, and other rights related to software and other items provided by the Company to users in providing the Service belong to the Company or are legitimately obtained from third parties with authority, except as otherwise provided in these Terms, and users shall not acquire any such rights under any circumstances.
- All intellectual property rights related to the Service belong to the Company or those who have granted licenses to the Company, and except for the Company or those who have granted licenses to the Company, no one may reproduce or otherwise use them beyond the scope of the Service Agreement without the Company’s permission, regardless of the method or form.
- All copyrights and other rights related to data provided through functions integrated with third-party database services in the Service belong to the Company or the providers of database information.
- Information provided through the Service may only be used within the scope of personal use, and acts such as reproduction, sale, publication, public announcement, and distribution for other purposes are prohibited.
- Users agree that the Company may post the following content on the Company’s website and advertising materials for the Company’s advertising and promotion purposes as the Company’s achievements. However, if users cannot agree to the publication of the following content due to the nature of the project, they may request the Company not to publish it.
- The name and logo of the user or the organization to which the user belongs
- Other items that the Company considers beneficial for the Company’s advertising
- When the Company publishes items falling under item (2) of the preceding paragraph, the Company shall confirm with the user in advance and obtain permission.
Article 11 (Prohibited Acts)
Users shall not engage in the following acts:
- Acts of allowing third parties other than the user to use the Service
- Use for developing competitive services to the Service
- Reproduction (including downloading), adaptation, or provision to third parties of all or part of the Service or its content
- Mirroring of all or part of the Service or its content
- Decompiling, disassembling, or reverse engineering
- Acts that place excessive load on the Service’s network or systems
- Acts that infringe or may infringe on the honor, privacy, credit, property rights, or other rights of the Company or third parties
- Acts of using or providing harmful programs such as computer viruses through or in connection with the Service
- Acts that violate laws and regulations or are contrary to public order and morals, or acts that may do so
- Acts that directly or indirectly cause or facilitate the acts in the preceding items
- Acts that may interfere with the operation or provision of the Service
- Other acts that the Company deems inappropriate
Article 12 (Service Level)
- The Company provides support for the Service on the Service site and does not provide support through visits or mail.
- The Company shall not be obligated to monitor or store information registered by users.
- The Company shall not be responsible for the legality, morality, reliability, accuracy, or compliance with the internal rules of the user or the organization to which the user belongs regarding information registered by users.
- The Company makes no warranties, whether express or implied, regarding the content of the Service, information accessible through the Service, software, etc., including merchantability, fitness for a particular purpose, completeness, accuracy, certainty, usefulness, legality, or availability.
- The Company may suspend the provision of this article in any of the following cases:
- When unavoidable for maintenance of service systems necessary for providing the Service, maintenance of telecommunications equipment, or construction work, or when unavoidable failures occur in these
- When the Company recognizes that providing the Service may cause significant damage to users or third parties
- In addition to the preceding paragraph, the Company may suspend the provision of the Service due to any of the following reasons:
- Failures or configuration errors in equipment owned by users
- Defects or abnormalities in software developed by third parties
- Non-connection or defects/abnormalities in communication lines such as the Internet, Type 1 telecommunications carrier lines, or internal lines where target systems are installed
- Fire, natural disasters, or other force majeure
- When the Company suspends the provision of services pursuant to the provisions of each item of Paragraph 1, it shall notify users in advance. However, this does not apply in emergencies. In such cases, the Company shall promptly notify users after the fact.
- The Company shall not be liable for any damages suffered by users or other third parties due to measures such as suspension of the Service based on the provisions of this article.
Article 13 (Disclaimer and Compensation)
- If a user causes damage to the Company through acts violating these Terms or other use of the Service, the user shall compensate for all damages suffered by the Company (including but not limited to costs for measures taken to restore the image of the Company and the Service, compensation for damages to third parties, litigation costs, and attorney fees).
- If a user receives claims from other users or third parties or disputes arise with them in connection with the Service, the user shall immediately notify the Company of the details and handle such claims or disputes at the user’s expense and responsibility, and report the progress and results to the Company upon the Company’s request.
- Except as specifically provided in these Terms, even if users suffer damages due to the Company’s provision of the Service (including interruption, suspension, unavailability, data loss, defects, deficiencies, etc. of the Service), the Company shall not be liable for such damages unless the Company has intent or gross negligence.
- Except as specifically provided in these Terms, the Company’s liability to users shall be limited to compensation obligations with an upper limit of the total amount of usage fees actually received or 100,000 yen, whichever is higher.
Article 14 (Transfer of Rights, etc.)
- Users may not transfer, lend, or provide as collateral their contractual position related to the Service.
- If the Company transfers the business related to the Service to a third party, the Company may transfer the contractual position, rights and obligations under this contract, and information obtained by the Company through the Service to the transferee of such business transfer, and users agree to such transfer in advance. Business transfers as defined in this paragraph include not only ordinary business transfers but also company splits and all other cases where business is transferred.
Article 15 (Term of Validity)
Unless otherwise specified in the Service application form, etc., the term of this contract shall be from the establishment of the Service Agreement until the user terminates the Service, starting from the commencement date of use.
Article 16 (Termination, etc.)
- The Company may immediately terminate the Service Agreement and suspend the provision of the Service without prior notice or demand if the user falls under any of the following circumstances:
- When any provision of these Terms is violated
- When suspension of transactions at a clearinghouse due to dishonor of bills or checks occurs, or similar circumstances arise
- When subject to suspension or revocation of business by regulatory authorities
- When subject to provisional attachment, provisional disposition, or compulsory execution (excluding cases as a third-party debtor)
- When falling into a state of suspension of payments, insolvency, or excess of liabilities, or when grounds for filing for bankruptcy, corporate reorganization, civil rehabilitation, special liquidation, or other insolvency proceedings (including those amended or enacted after the conclusion of this contract) arise, or when such filings are received or made
- When dissolved without merger
- When there is no response for more than 30 days to inquiries or other requests for responses from the Company
- In other cases where the Company deems the use of the Service inappropriate
- Regardless of the reason for termination, usage fees already paid by users shall not be refunded.
- The Company may terminate this contract by notifying users when circumstances arise that make it difficult for the Company to continue the Service.
Article 17 (Notifications)
- Notifications or communications from users to the Company (hereinafter referred to as “Notifications, etc.”) and Notifications, etc. from the Company to users shall be made through notifications within the Service, email, or other methods determined by the Company, unless otherwise specified.
- The effect of Notifications, etc. made by the Company to users through notifications within the Service or email shall occur at the time the Company sends such Notifications, etc., and when using other methods, the effect of such Notifications, etc. shall occur when a reasonable period necessary for such Notifications, etc. to reach the user has elapsed.
- The effect of Notifications, etc. as defined in the preceding paragraph shall occur regardless of whether the user actually receives or recognizes the Notifications, etc.
- Users shall promptly notify the Company of any changes to their company name, head office location, representative director, contact person designated at the time of Service application, and contact information for the contact person.
Article 18 (Severability)
- Even if part of the provisions of these Terms and other terms of use are determined to be invalid under law, the other provisions of these Terms and other terms of use shall remain valid.
- Even if part of the provisions of these Terms and other terms of use are invalidated or cancelled in relation to certain users, these Terms and other terms of use shall remain valid in relation to other users.
Article 19 (Governing Law and Jurisdiction)
- These Terms shall be governed by Japanese law.
- In the event of any dispute regarding these Terms or the Service, the parties agree that the Tokyo Summary Court or Tokyo District Court shall have exclusive jurisdiction as the court of first instance, depending on the amount in controversy.
End
Enacted: May 1, 2024
Revised: December 10, 2024
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