Chapter 1General Provisions
Article 1Applicability of Policy
1.1 This appiaries Service Fee/Payment Policy (hereinafter referred to as this “Policy”) applies to the basic services and optional services (hereinafter referred to collectively as the “Services”).
Article 2Types, Items and Content of the Services
2.1 The types, items and content of the Services are as follows.
|appiaries datastore||Ultra Lite||This is a service that provides datastore features. This service provides data storage features, an API that permits data search/and retrieval, and a web site for data management and similar functions.|
Article 3Contract Term
3.1 Once registered and subscribed, the term of usage of the Services will be based on month-to-month basis.
3.2 The term shall be automatically extended if the Services are not terminated by 19th day of each and every month. However, the Services may be terminated at any time without notice pursuant to Section 19 in the event the Company cannot confirm payment of fees by the User.
3.3 In the event the User wishes to terminate the Services, the User must do so by accessing the agreement screen section of datastore and must process termination thereat by the 19th day of the month. The User cannot terminate the Services in the immediately following month in which the Services commences.
Article 4Changing the Service Level
4.1 User may change the type of the Services by processing the change of Services by the 19th day of each month. However, the User may not change the original plan to a downgraded plan. The change will be made during the period from the date User processes the change (“change processing date”) and the end of month in which such change was processed. However, irrespective of the date in which the change in the type of Services has been made, our fees for the month in which the change was processed shall be the fee based on the Services prior to the change. By using our Services after the change, the User shall be deemed to have consented to this condition without any objection.
Chapter 2Entering into a Service Contract
Article 5Entering into a Service Contract
In order to register for the Services, the User must access the registration screen displayed on our site (“the Application Form”) and after filling the Application Form with required information, sending such form to us by e-mail or other method of transmission.
Article 6Establishment of the Service Contract
6.1 The service contract is established when, in response to an application registration for Services by the method set forth in Section 6.1, We send a notice of approval to the applicant by a method stipulated by Us, provided, however, that We may not approve the application for the Services in any of the following cases:
- If We determine that the provision of the Services that is applied for, or the provision or maintenance of equipment pertaining to the Services is difficult.
- If the applicant had previously neglected to perform their contractual obligations with respect to Us, or there is otherwise a risk of applicant neglecting to perform their contractual obligations with Us.
- If the Application Form contains falsehoods.
- If any of the grounds recited in Section 18.1, items i. through iii., apply to the applicant.
- If the credit card or bank account specified by the applicant for use in settling the service fees for the Services cannot be properly used in settlement.
- If the applicant is either a minor, a person subject to guardianship or a person subject to a conservatorship or a recipient of assistance based on a judgment under Section 17.1 of the Civil Code of Japan, and the approval of their parent, guardian or conservator was not obtained with respect to the application or if an adult ward is the applicant who registered.
- If there are deemed to be severe business or technical difficulties in providing the Services to the applicant.
- If there is a risk that the applicant will use the Services in a manner that would harm Our image or reputation.
- If the applicant is deemed to be a person affiliated with a gang or a person associated with an antisocial organization.
- In any other cases in which We deem that it is inappropriate to approve the application.
Article 7Changes to the Contract Fields
7.1 If there are any changes to the information entered in the fields of the Application Form, the User shall notify Us of such change by promptly changing or revising the User information on the Change Application Content screen or Edit Profile screen.
7.2 If a corporate User should undergo a merger, then the corporation remaining after the merger or the corporation newly established by the merger shall, within fourteen (14) days of the date of the merger, change or revise that information on the Change Application Content screen or Edit Profile screen, in order to report such change of information to Us.
7.3 We bear no responsibility for any losses suffered by Users or third parties due to any delay in the reporting of changes according to Section 7.1 and 7.2 or due to a User having neglected to report changes with Us. Moreover, even in cases in which the User does not receive Our notice or the same is delayed due to failure or delay by the User to report changes to Us, Our notice shall be deemed to have been made in a timely manner.
7.4 In the event of the following, We shall apply the requirements of Section 7.2 and 7.3 as long as the User is determined to be the same or deemed to be a successor in interest to the business operations of the User.
- A change from an individual to a corporation.
- Succession of a corporate User by a new corporation due to a spin-off or a business transfer.
- A change in the representative of a private-organization User.
- A change similar to those in the preceding items.
Article 8Termination of Services
8.1 Due to certain business circumstances, We may be forced to terminate the Services at any time. In the event of such termination, Users shall be notified at least one (1) month in advance.
9.1 In the case of a death of a User who is an individual, the Service Contract shall be terminated immediately without notice, and all information pertaining to that User may be deleted at Our discretion.
Article 10 Transfer of the Contractual Position under the Service Contract
10.1 A User may not, absent our prior written approval or prior consent given by email, transfer, hypothecate or pledge as security or otherwise dispose of his contractual rights under the Service Contract, and may not assign any rights or obligations under the Service Contract to a third party.
10.2 The User shall bear all legal liabilities and responsibilities under the Service Contract or laws and ordinances in regard to all acts (including acts of omission) taken by third parties using an account issued by Us to the User for the utilization of the Services, without any obligation on Our part of investigate whether or not such third party had been actually had been involved or not with respect to use of such account.
Chapter 3Service Fees and Payment
Article 11Service Fees
11.1 The amounts to be paid by Users to Us are to be the service fees plus the total of all amounts equivalent to the consumption taxes and local consumption taxes levied on the payment of said service fees (hereinafter referred to as the “Fees”).
11.2 The service fees for the Services are to constitute the following.
|Mode of Payment||Breakdown and Content Thereof|
|Regular payment||Mode in which a fixed Service Fee for each month is incurred for the continuously-provided Service||Consideration for preparing to provide the Services (setup, etc.)|
|Fixed service fee||Monthly payment (monthly amount)|
11.3 The amounts of the Fees for the Services are posted on Our site (and can be confirmed under “Fees/ Plans”).
11.4 Unless stipulated separately in the Service Contract, the amount of Fees for the Services are to be in accordance with the Fees at the time the Service Contract is entered into, provided, however, that if We determine that the Fees for the Services are to be increased due to increase in the cost or expenses in maintenance and management of Our facilities, then We may increase Our Fees at any time by notifying the Users of such increase even during the contract term.
Article 12 Payments
12.1 The User shall pay for our Services based on the terms of the credit cards or electronic money specifically approved by us. However, in the use of credit cards or electronic money, the User as registered and the name of the credit card or authorized payer must be the same.
12.2 If the User has entered into a separate written agreement with us, then such User may pay for the Services by transferring funds to our designated bank account through User’s bank account, post office, convenience stores, etc. (The bank transfer fees are to be borne by the User.)
12.3 Settlement for any amount due and payable shall be made on the payment dates set forth in Article 13 (or the next day if these dates fall on bank holidays), and if the settlement cannot be confirmed by payment due date, then the account may be suspended at Our discretion.
12.4 Regarding Users’ credit card related information that is provided to Us by Users, We may exchange information at any time with credit card companies or intermediary account settlement agencies, and if necessary, We may ask the User to make changes to the payment method or make payment by other means.
12.5 Irrespective of registration by a corporate User or an individual User, there shall be no refunds of fees already paid
Article 13Payment Deadlines for Fees
13.1 The Users shall pay their credit cards on the due dates as established by their credit card companies in accordance to their policies and conditions.
13.2 In the event the User wishes to pay the fees in accordance with Article 12, the User must pay the fee by the end of the month following the month in which the Services were used.
Article 14 Discount to Long Term User
14.1 For Users who had used and paid for our Services for a continuous period of twelve (12) months, we shall provide a free service period of one (1) month following thereafter. This free one month period shall be provided to Users each time after each continuous 12 month period of usage and payment.
Chapter 4Other Stipulations
Article 15Campaign Code
15.1 From time to time, We may issue Campaign Code to Our Users, however the said Campaign Code may be used only by Users that satisfy stipulated conditions.
15.2 The Campaign Code may have applicable time periods. A User that makes use of a Campaign Code must use it in their account by the specified deadline. Expired Campaign Code may not be exchanged or their time period extended, provided, however, that an account can be opened even after the expiration date of the Campaign Code.
15.3 There is no time limit for the use of credits (in the amount of Campaign Code discounts) once applied to an account.
Article 16Cooling Off Period
16.1 The Commercial Law that provides for cooling off period is not applicable to Our Services.
Chapter 5Suspension of Our Services
Article 17Matters Regarding Our Right to Suspend Our Services to Users
17.1 Our Services may be suspended by Us for the following reasons.
- Due to maintenance, construction work or movement of server facilities or telecommunications facilities or the like
- In order to give priority to emergency communications for the benefit of the public based on the stipulations of Article 8 of the Telecommunications Business Act
- In case of the occurrence of force majeure incidents including but not limited to earthquakes, landslides, power shortages, fires, explosions, collapses, flooding, typhoons, hurricanes, tsunamis, plague or other communicable diseases, quarantine, governmental acts, wars, states similar to wars, rebellions, mobilizations, riots, civil wars, blockades, strikes, lock-outs, slowdowns, sabotage, governmental laws, regulations and orders, or any other cause of similar nature
17.2 Except in the case of emergencies, We will give advance notice to each User if Our Services is to be suspended pursuant to Section 17.1, along with the reason and length of time of the said suspension.
17.3 If We need to suspend the Services based on Section 17.1, We may relocate Our server facilities or telecommunications facilities or the like in order to achieve the purpose of said suspension.
17.4 If Our Services are suspended based on Section 17.1, We bear no responsibility for the compensation or damages suffered by any User due to said suspension or the relocation of facilities as stipulated in Section 17.3.
Article 18Early Termination of Service Contract
18.1 We may immediately terminate the Service Contract of any User without notice for the following reasons.
- If a motion of attachment, provisional attachment, disposition for arrears, auction or the like is received by the User, or if a motion to initiate insolvency proceedings, Chapter 11 proceedings, special liquidation proceedings, corporate reorganization proceedings or other bankruptcy proceedings is filed by or against the User, or if there has been a liquidation proceedings initiated by or against the User.
- If a note or check is dishonored or returned for non-payment or any other grounds deemed equivalent to User’s credit status having worsened.
- If the User violates the basic clauses or service-specific clauses of Service Contract.
- If any of the items in Section 6.1 apply
19.1 This Policy may be revised without advance notice. In the case of any revision, the revised terms and conditions will be posted on Our web site (http://www.appiaries.com) (or a similar URL that may be provided by Us as appropriate), and with this posting, notice to customers shall be deemed to have been completed.
20.1 Should there be a conflict between the terms hereof and the terms of Application Form or any other individual separate agreement with the User related to the Services, the terms of such individual separate agreement shall prevail and govern.
Start of Applicability of Policy
This Service Payment Policy is applicable as of May 29, 2014.