「bodais Application Use Agreement consists a part of Agreement including Our basic Agreement, “bodais AND bodais-RELATED SERVICES MASTER SUBSCRIPTION AGREEMENT” and becomes effective upon commencement of the Master Subscription Contract.
Article 1 (Definitions)
- “Agreement” means “bodais AND bodais-Related Services Master Subscription Agreement,” “bodais Application Use Agreement,” and “Data Utilization Agreement.”
- “Contract” means a contract regarding Services entered into by Your offer with Your consent to this Agreement.
- “bodais” means services, Web sites, and those systems operated online by i’sFACTORY co., ltd. and its functionalities, incidental services, and software provided in relation to bodais. bodais is Our registered trademark.
- “bodais Platform” means servers or physical equipment, functionalities of the internet communications, data, software to realize Services and the like prepared by Us for the purpose of providing Services that are specified by Us as platform.
- “bodais Applications” means software that operates on the bodais Platform.
- “Services” means all or any bodais services that We provide online and that are described in the Documentation.
- “Content” means information obtained by Us from licensers of content or publicly available sources and made available to Customer pursuant to an Order Form, as more fully described in the Documentation.
- “Documentation” means the content of Our online usage guides, documentation, and Help & Training, as updated from time to time, accessible via login to the Service.
- “Non-i’sFACTORY Application” means a Web-based, mobile, offline, or other software application functionality that is provided by You or a third party and interoperates with the Service.
- “Subscription” means the right to use the Services and Contents as described in the Order Form that is entered into from time to time between You and Us.
- “You” or Your” means the company or other legal entity for which you are accepting the Contract and affiliates of that company or entity.
- . “We,” “Us,” or “Our” means i’sFACTORY co., ltd. a Japanese corporation with its principal place of business at 1-23 Kandanishiki-cho, Chiyoda-ku, Tokyo, Japan.
Article 2 (Scope of Application)
- 1. Agreement is applied to any or all software on the bodais platform (hereinafter ”bodais Application”)
Article 3 (Contents of bodais Application)
- bodais Application means software that operates on the bodais Platform. bodais Application uploads, processes, and analyzes date, displays results and so forth.
- bodais Application performs functionality of management of You, processing part of data, security, and so forth by cooperating with bodais Platform.
Article 4 (Order)
- You need to order bodais Platform and each bodais Application to use bodais Application. You need to submit an “Order Form” specified in “bodais AND bodais-Related Services Master Subscription Agreement” to Us or make an offer on Web site.
- Please order as following units:
- Please order in principle as a unit of a legal entity or group
- If You divide payments between offices or departments, please order as a unit of offices or departments subject to the payment duty.
Article 5 (Services and Fee Structure)
- Regarding bodais Application releases and fee structure, please refer to the fee table.
Article 6 (Contents and Term of Contract)
- The term of the bodais Application contract conforms to the provision of Article 5 in “bodais AND bodais-Related Services Master Subscription Agreement”; provided, however, that the date of the order for the bodais platform is different from the date of order for the bodais Application, first term of use conforms to the term of Contract specified in Article 5, “bodais AND bodais-Related Services Master Subscription Agreement” and Contract will automatically be renewed for successive use periods.
- Contents of Contract is based on a plan specified by Your order; provided, however, Contents of Contract may be changed in accordance with the situation of Your use. Please refer to the fee structure for details.
- When the first day of the month after the use period comes, We deem that You continue Your use for the month and You are liable to pay. Thereafter, Contract will automatically be renewed for successive use periods.
- In the event that You terminate Your use, please notify Us of the termination in writing or in the manner specified by Us by the end of the last day of the last month of the use period.
Article 7 (Invoices and Payment)
- We issue an invoice for the fee for Your use of bodais Applications for the use period with a month-end closing. Please make a payment by the end of the following month via bank transfer.
- In the event that You purchase additional subscriptions during the term of Contract, You will pay a fee from the date of order until the last day of the term of Contract specified in Article 5 in the “bodais AND bodais-Related Services Master Subscription Agreement”. Thereafter, Contract will automatically be renewed for successive use periods.
- You shall pay fees via bank transfer to a bank account specified by Us on the due date written in the invoice.
- If we cannot confirm your payment after the due date written in the invoice, We deem that you are in default. We may suspend provision of Services in the event that we cannot confirm your payment for more than 30 days after the due date of your payment. We may terminate the Contract and delete Your registration in the event that we cannot confirm your payment for more than 60 days after the due date of your payment.
- In the event that we cannot confirm your payment for more than 30 days after the due date of your payment, We will charge an overdue penalty of 14.6% of Your unpaid Fee from the due date until you accomplish Your payment.
- After suspending the provision of Services, from the time You pay the fee and the overdue penalty and We complete the procedure for resumption, You may resume your use of Services. When Services are terminated or Your registration is deleted, You may need to pay another registration fee.
- The Content of and the fee for Services described in the fee table governs the use until one month before of a change of Documentation. We will inform existing customers in advance if Documentation is to be changed. New fees will be automatically applied from the month of the change, unless You notify Us of the termination of Contract.
Article 8 (Use of Services and Contents)
- You need to register to use Services. Please make the customer registration in accordance with the following terms.
- You shall input and send valid and accurate data regarding Yourself in the form provided by Us for the customer registration.
- You shall revise Your registered data so as to reflect valid and accurate information at all times. In the event that We consider You have violated the terms above or fail to provide valid and accurate data, We have the right to delete Your ID and refuse You use of Services in the future.
- bodais Applications are added on bodais Platform sequentially and their functionality or the contents of services may differ. Available bodais Applications may differ for each customer depending on each bodais Application Agreement, order, or contents of the Contract. You shall accept this in advance.
- Unless otherwise provided in the Order Form or Documentation, access to Services and Contents are purchased as Subscriptions.
- Quantities described in an Order Form means quantities of Your IDs and more Users than that specified on Your ID cannot access Services and Content.
- You shall not share Your assigned ID and password with other individuals.
- Unless otherwise provided in an Order Form, an ID assigned to a User may only be assigned to another person in the event that the User stops using Services or Contents thereafter. If You exceed the limitation of use specified in Contract, We may ask you to follow the limitation by reducing Your use in consultation between You and Us. In the event that You fail to or do not have the intention to follow the limitation of use specified in the Contract, notwithstanding Our effort, You shall submit an Order Form to add quantities of Content or pay fee for invoices of excess use in accordance with Our request.
Article 9 (Customer Support)
- In the event that You request support and We consider it possible, We will provide onerous or non-onerous support with or without compensation to You in accordance with terms of support specified by Us. When We provide support without compensation from You, You shall solve problems arising out of or in connection with Our support at your cost and on your own responsibility. In the event of support with compensation, You shall enter into a Support Agreement with Us.
Article 10 (Another Provider)
- We or a third party will provide products or Services of the third party to You. Unless otherwise explicitly provided in an Order Form, We may not guarantee or support Non-i’sFACTORY Applications and other products or Service provided by the third party regardless of whether We give them certification or any other designation.
- Services may have a functionality designed to interoperate with Non-i’sFACTORY Applications. A provider of the Non-i’sFACTORY Application may request that You acquire a right to access the Non-i’sFACTORY Application for the provider or to provide Us with a right to access to Your account of the Non-i’sFACTORY Application. We will not guarantee continuous availability of the functionality, e.g. in the event that the provider of the application discontinues an interoperable function with Our Service (but not limited to it), We may discontinue to provision of functionality, and You cannot receive a refund, allowance, or other compensation on the basis of the discontinuance.