Article 1 About Terms of Use
Following EXOffice App Terms of Use (hereinafter referred to as the “Terms of Use”) defines the conditions of use of the service provided by WHERE, Inc. (hereinafter referred to as “WHERE”) on EXOffice App (hereinafter this service as the “Service” and this EXOffice App referred to as the “App”) and the rights to operate the App, and shall apply to all behaviors required when the user (hereinafter referred to as “User”) uses the Service and operates the App. The User means the person who is granted the User ID and the password (when required for the authentication) by the company or the corporation (hereinafter referred to as the “Company”) or by WHERE, if ordered by the Company, that has separately signed EXOffice Service Agreement.
WHERE may provide the User with updated version or version upgrade information of the App. In this case, such updated version or version upgrade information will be treated as the App, and the Terms of Use will also apply to these.
All services provided by EXOffice are stipulated in the EXOffice Terms of Use.
Article 2 Revision of the Terms of Use
- At WHERE’s sole discretion, WHERE may revise the contents of the Terms of Use at any time without obtaining the consent of the User, and the User shall consent to this.
- The revised Terms of Use shall become effective from the time they are displayed on the App, unless otherwise specified by WHERE.
Article 3 Agreement to Terms of Use
- When the User downloads the App to the mobile terminal that is used by the User such as a smartphone (hereinafter referred to as the “Mobile Terminal”) and performs the procedure for agreeing to the Terms of Use, the usage contract in accordance with the provisions of the Terms of Use will be established between WHERE and the User.
- If the User does not agree with the revised Terms of Use, the App shall be immediately deleted from the User’s own Mobile Terminal.
- If the User uses the Service after the change of the Terms of Use becomes effective, it is deemed that the User has agreed to all the contents of the changed Terms of Use.
Article 4 Conditions of use
- The User can use the App only after having agreed with the Terms of Use.
- It is the User’s responsibility to download and install the App on the Mobile Terminal.
- The App can be downloaded and installed only on the said Mobile Terminal.
- The App does not guarantee that it will be compatible with all Mobile Terminals. Please refer to the dedicated site (https://where123.jp/solutions/office/exoffice/) for the compatible Mobile Terminal models.
- The App can be used with the following versions (there are no particular restrictions on the model).
– iOS: The latest 3 versions including the latest version
– Android: The latest 3 versions including the latest version - The App can be used only by the User who have agreed in advance to the purpose of the use announced by the Company to the User.
Article 5 Account management
- The User shall manage the information registered at the time of use (hereinafter referred to as the “Registered Information”), including e-mail address, ID, password, and other required information, under the responsibility of the User. The User shall not allow a third party to use the Registered Information, or lend, transfer, change of name, buy, sell, or otherwise.
- If the service is used according to the Registered Information, WHERE can treat it as the one used by the person who registered for the use and will not be responsible for the result from the use.
Article 6 Handling of personal information and other related information
- Personal information and User information will be handled appropriately in accordance with WHERE’s Privacy Policy (https://where123.jp/privacy/) and Basic Information Security Policy (https://where123.jp/security_policy/) separately set by WHERE.
- WHERE will treat the location information of the User acquired and accumulated by the APP, when in acquisition, use, storage, disclosure request, etc., as the personal information or the personally referable information stipulated in the amended Act on the Protection of Personal Information enforced in April 2022.
GPS (Global Positioning System) information is not included in the location information of the User acquired by the App. The location is limited to the range specified in the EXOffice Service Agreement separately established between WHERE and the Company.
Article 7 Prohibited acts
- When using the Service, WHERE prohibits the following acts from the User. If WHERE finds that the User has violated the prohibited items, WHERE can suspend the use, cancel the contract, or take other measures that is deemed necessary. In that case, WHERE will not take any responsibility to the User.
(1) The act of using, creating, distributing, selling, or otherwise of the external tools that affect the Service.
(2) The act of manipulating or changing the parameter data of the Service.
(3) Acts that interfere with the functions of the App.
(4) Acts that destroy the security device or security code built into the App.
(5) Disassemble, decompile, reverse engineer the App, and analyze the source code, structure, ideas, or otherwise of the App.
(6) Acts of copying, transmitting, transferring, lending, translating, adapting, modifying, combining with other software, or otherwise of the App.
(7) Other acts that infringe the rights, regarding the App, of the provider of the App.
(8) The act of illegally collecting, disclosing, or providing personal information, personal data, usage history information, or otherwise of others.
(9) Acts that encourage a third party to perform any of the above acts.
(10) The act of disposing of the App and the rights to use the App based on the Terms of Use by sublicensing, transferring, or transferring to a third party, or otherwise.
(11) The act of removing or changing the notice of copyrights and other rights attached to the App.
(12) Other acts that WHERE deems inappropriate.
Article 8 DISCLAIMER
- WHERE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OF THE APP, EXCEPT FOR THOSE CAUSED BY WHERE’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
- IF THE USER CAUSES DAMAGE TO A THIRD PARTY BY USING THE APP, THE USER SHALL COMPENSATE FOR THIS AT ONE’S OWN EXPENSE AND RESPONSIBILITY.
- WHERE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY USING THE APP BY ANYONE OTHER THAN THE USER, EXCEPT IN THE CASE OF WHERE’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
- WHERE IS NOT RESPONSIBLE FOR ANY DATA CORRUPTION CAUSED BY THE APP DUE TO SOME EXTERNAL FACTOR.
Article 9 Governing law, court of jurisdiction
- The validity, interpretation and performance of the Terms of Use shall be governed by and construed in accordance with laws of Japan.
- For discussions, proceedings, and all other disputes between WHERE and the User, the Tokyo Summary Court or the Tokyo District Court shall be the exclusive consensus court of jurisdiction, depending on the amount of the complaint.
Revision date: April 1, 2022
Revision history
- Article 4: Applicable OS version information was inserted as the item 5. This made previous item 5 now 6.
- Article 8: “SERVICE” was replaced with “APP”.
- Article 8-1: Amendment of exclusion conditions.
- New addition of Article 8-3 and deferral of item number due to it.
- Article 1: Corrected “agreed with” to “signed”.
- Article 3: Corrected “User’s own mobile terminal” to “mobile terminal that is used by the User”.
- Article 6-2: Revised in response to the “Amended Act on the Protection of Personal Information” that comes into effect in April 2022.
- Article 6-2: The last sentence of the same section was deleted due to the duplication with EXOffice Terms of Use was deleted.