Terms of Service
These Terms of Service (the “Terms”) set forth the conditions for use of the services provided by TOKOSEKI (the “Service”) through websites, web applications, mobile applications, and related interfaces (collectively, the “Services”). The administrator of a floor who uses the Services (the “User”) shall use the Services in accordance with these Terms after agreeing to them.
Article 1 (Applicability)
- These Terms apply to all relationships between the User and the Service in connection with the use of the Services.
- The Service may establish rules, guidelines, help pages, and other provisions regarding the Services (collectively, “Individual Provisions”) in addition to these Terms. Regardless of their name, Individual Provisions constitute a part of these Terms.
- In the event of any inconsistency between these Terms and any Individual Provisions, the Individual Provisions shall prevail unless otherwise specified therein.
Article 2 (Definitions)
The terms used in these Terms are defined as follows:
- “Floor” means a unit of management created by the User on the Services to centrally manage seats, equipment, member information, reservations, and the like.
- “Member” means a participant created, invited, or registered by the User and associated with a Floor (including employees, visitors, users, etc.).
- “User Content” means information registered, posted, uploaded, or stored on the Services by the User or Members (including floor images, company logos, face photos, avatar images, text, reservation information, settings information, etc.).
- “Paid Plan” means a paid usage plan contracted on a per-Floor basis.
- “External Services” means third-party services used by the Service to provide the Services (including payment processing, hosting, databases, delivery, monitoring, notifications, analytics, caching, etc.).
Article 3 (Registration)
- The Services can be used without any application procedure or screening by registering an account. Registration is completed when an applicant agrees to these Terms and completes account registration in the manner prescribed by the Service.
- Applicants represent and warrant that they are at least 18 years old. The Service does not provide an age verification mechanism and shall not be liable for any disadvantages arising from a false representation.
- If the Service reasonably determines that an applicant or User falls under any of the following or is likely to do so, the Service may impose usage restrictions, etc. (Article 11). The Service has no obligation to disclose the reasons.
- Providing false registration information
- Violating these Terms
- Falling under or being related to antisocial forces, etc. (Article 16)
- Any other case where the Service deems it inappropriate
Article 4 (Account Management)
- The User shall, at its own responsibility, properly manage account information for the Services (including user IDs, passwords, authentication information based on external IDs, etc.).
- The Service shall deem any login or other actions performed using such account information to be actions by the User.
- Even if the User suffers damages due to insufficient management of account information or use by a third party, the Service shall not be liable unless the Service has willful misconduct or gross negligence.
Article 5 (Content of the Services)
- The Services are a system that enables the User to centrally manage seats, floors, equipment, member information, etc. on a per-Floor basis and create/manage reservations, etc.
- The Service may change, add to, or discontinue the content of the Services as necessary (Article 17).
Article 6 (User Responsibilities / Member Management)
- The User is responsible for managing Floors and Members.
- Members are created or invited by the User and use the Services under the User’s management.
- The User shall bear all responsibility for Members’ use of the Services, including Members’ actions.
- The User shall ensure that Members comply with these Terms (including Article 8). If a Member’s violation causes damages to the Service or a third party, the User shall be liable to compensate for such damages (unless the Service has willful misconduct or gross negligence).
- To use the Services, Members must log in in the manner prescribed by the Service (authentication ID/password, passkeys, etc.).
- The Service does not provide any mechanism for age verification or other qualification/authorization verification for Users or Members. The User shall manage, at its own responsibility, the qualifications, authority, etc. of the User and Members.
- The Service may, when it reasonably determines it is necessary for support responses, incident investigation, security responses, or other operational needs, allow personnel with permissions designated by the Service to access User or Member accounts and perform necessary operations.
- Access under the preceding paragraph shall be carried out only to the extent necessary to achieve support, incident response, and security objectives.
- The Service accepts inquiry messages from Users or Members in multiple languages; however, responses from the Service will be provided in Japanese. Users shall use translation tools as necessary.
Article 7 (Fees / Contract / Payment)
- The details of Paid Plans, fees, billing cycles, and other conditions shall be as displayed on the sales page or the purchase checkout screen.
- Paid Plans are contracted on a per-Floor basis. The contracting party shall be the User.
- Payment shall be made through the payment service provider designated by the Service (Stripe). The User shall make payment in accordance with the purchase checkout screen.
- A Paid Plan contract for the relevant Floor is formed and fees will accrue when the User completes the application procedure and the payment is completed by the payment service provider. After payment is completed, the User may immediately use the Paid Plan.
- Paid Plans are automatically renewed on each renewal date. The User may stop automatic renewal by completing the cancellation procedure in the manner prescribed by the Service by the next renewal date (Article 12).
- Payment terms (payment methods, timing of charges, handling of non-payment, etc.) shall be governed by what is displayed on the purchase checkout screen and the terms/operation of the payment service provider.
Article 8 (Prohibited Acts)
The User shall not engage in any of the following acts in using the Services (and shall not cause Members to do the same):
- Acts that violate laws or public order and morals
- Acts related to criminal activity
- Acts that infringe intellectual property rights, portrait rights, privacy, or other rights or interests of the Service or third parties
- Acts that impose excessive load on or interfere with the servers, networks, systems, etc. of the Services
- Unauthorized access or attempts thereof
- Unauthorized collection of information of other users or third parties
- Impersonation
- Advertising, solicitation, or sales activities without permission
- Acts that constitute providing benefits to antisocial forces, etc.
- Any other acts deemed inappropriate by the Service
Article 9 (User Content)
- Rights in and to User Content are reserved to the User or the rightful rights holder.
- The User grants the Service a free license to store, reproduce, transform (including resizing, optimization, thumbnail generation, etc.), display, and deliver User Content to the extent necessary to provide and operate the Services.
- The Service does not guarantee the reachability, confidentiality, or non-public nature of User Content. The Services may not perform authorization (access control) for images, etc., and third parties who learn access information such as URLs may be able to view them. The User is responsible for managing access information such as URLs.
- The Service will not use User Content for machine learning (model training) purposes. However, the Service may process User Content (display, conversion, analysis, etc.) as part of providing functionality.
Article 10 (Suspension of the Services)
- The Service may suspend or interrupt provision of all or part of the Services without prior notice if any of the following applies:
- System maintenance, inspection, or updates
- Difficulty in providing the Services due to force majeure such as earthquakes, fires, power outages, or communication failures
- Difficulty in providing the Services due to failures of External Services
- Any other case where the Service determines provision is difficult
- The Service shall not be liable for damages incurred by the User due to the preceding paragraph unless the Service has willful misconduct or gross negligence.
Article 11 (Usage Restrictions / Ban / Deregistration)
- If the User falls under any of the following, the Service may impose usage restrictions, suspend the account, suspend a Floor, or deregister the User (collectively, “Usage Restrictions, etc.”) without prior notice:
- Violating these Terms
- Providing false registration information
- Failure to fulfill payment obligations
- Any other case where the Service deems it inappropriate
- If Usage Restrictions, etc. are imposed, the User cannot access the Services.
- The Service shall not be liable for damages incurred by the User due to Usage Restrictions, etc. unless the Service has willful misconduct or gross negligence.
- If Usage Restrictions, etc. are imposed based on the User’s attributable reasons such as violation of these Terms, the Service will not provide a refund; provided, however, that this shall not apply if Article 14 provides otherwise.
- If Usage Restrictions, etc. are imposed, access to all Floors created or managed by the User and all data associated with them will be suspended.
Article 12 (Cancellation / Withdrawal)
- The User may cancel a Paid Plan through the contract management screen for each Floor or other procedures prescribed by the Service.
- Even after cancellation is completed, the User may use the Paid Plan for the relevant Floor until the end date of the current billing period.
- The User may withdraw (delete the account) through procedures prescribed by the Service.
Article 13 (Data Deletion / Backup)
- If the User deletes a Floor, the Service will delete the data related to that Floor (including User Content) from the Services. However, if it is technically or operationally unavoidable, it may take a reasonable time for the deletion to be reflected.
- Notwithstanding the preceding paragraph, the User agrees in advance that the relevant data may be stored in backups, etc. for a certain period or indefinitely to the extent reasonably necessary for operational purposes such as incident recovery, audits, and security.
- If the User withdraws, the Service will logically delete the User’s data in the manner prescribed by the Service.
- The Service may store logs regarding the User (including audit logs) to the extent reasonably necessary for legal compliance, security, fraud prevention, and other operational needs.
Article 14 (Refunds)
- Due to the nature of digital services, the Service does not provide refunds or cancellations for reasons attributable to the User.
- However, if the Services (the entire service) are continuously unavailable for one week (168 hours) or more from the time the Service detects the outage (including large-scale outages of External Services), and the User submits a refund request in the manner prescribed by the Service, the Service will provide a refund by a reasonable method such as prorating based on the number of days not provided. “Unavailability of the Services (the entire service)” means a state in which, as reasonably determined by the Service, most of the core functions of the Services are unavailable to general users. Refunds under this Article are intended to return the service fees and do not constitute compensation for damages.
- The procedures for refunds, calculation methods, refund methods, and other details shall be as separately determined by the Service.
- If Usage Restrictions, etc. under Article 11 are imposed due to reasons attributable to the User, the refund under paragraph 2 shall not apply.
Article 15 (Disclaimer of Warranties and Limitation of Liability)
- The Service makes no warranties, express or implied, that the Services will not be interrupted, are free from defects, or are fit for a particular purpose. The Service does not provide an SLA (uptime guarantee).
- The Service shall not be liable for damages incurred by the User unless the Service has willful misconduct or gross negligence. Even if the Service is liable for damages, such liability shall be limited to ordinary and direct damages, and the maximum amount of compensation shall be the amount equivalent to the service fee paid by the User for the relevant Floor for the most recent one month. If the relevant Floor is on a free plan, the Service shall not be liable for damages incurred by the User in connection with that Floor unless the Service has willful misconduct or gross negligence.
- If the User qualifies as a consumer under the Consumer Contract Act, the limitations in this Article shall be restricted in accordance with the Consumer Contract Act and other mandatory laws and regulations.
Article 16 (Exclusion of Antisocial Forces)
- The User represents and warrants that the User (including Members) does not fall under and has no relationship with organized crime groups, members thereof, associate members, or similar persons (collectively, “Antisocial Forces, etc.”).
- If the User violates the preceding paragraph, the Service may impose Usage Restrictions, etc. without prior notice.
Article 17 (Changes to the Services)
The Service may change, add to, or discontinue the content of the Services at its discretion. In principle, the Service will provide notice by posting on the Services or by other methods deemed appropriate by the Service at least seven (7) days prior to the effective date. However, this shall not apply in cases of urgent necessity.
Article 18 (Amendments to the Terms)
- The Service may amend these Terms when required by law or when there is another reasonable reason.
- The amended content and effective date will, in principle, be notified by posting on the Services or by other methods deemed appropriate by the Service at least seven (7) days prior to the effective date.
- The amended Terms shall apply to use of the Services on and after the effective date.
Article 19 (Handling of Personal Information)
The Service will handle the User’s personal information, etc. in accordance with the Service’s Privacy Policy.
Article 20 (Notices or Communications)
Notices or communications from the Service to the User shall be made by methods determined by the Service.
Article 21 (Prohibition of Assignment)
The User may not assign, transfer, create a security interest in, or otherwise dispose of the User’s status under these Terms or any rights or obligations under these Terms without the prior consent of the Service.
Article 22 (Data Export upon Service Termination)
- If the Service terminates provision of the Services, the Service will notify Users in advance.
- If, due to termination of the Services, the User is unable to obtain data on the Services (e.g., due to maintenance mode), the User shall contact the Service via the “Contact” link at the bottom of the screen. After verifying the User’s identity, the Service will provide data to the User within a reasonable scope.
- The Service may separately determine the details of the response under the preceding paragraph, including the content, format, method of provision, and whether provision is possible.
Article 23 (Governing Law and Jurisdiction)
- These Terms shall be governed by the laws of Japan.
- Any disputes arising in connection with the Services shall be subject to the exclusive agreed jurisdiction of the Sendai District Court or the Sendai Summary Court as the court of first instance. However, if the User qualifies as a consumer under the Consumer Contract Act, this shall apply only to the extent not contrary to the Act and other mandatory laws and regulations.