Terms of Service
Last updated: January 14, 2025
These Terms of Use (hereinafter referred to as "these Terms") apply to all customers (hereinafter referred to as "Users") who use the Database as a Service (hereinafter referred to as "the Service") provided by Suwa System (hereinafter referred to as "our company"). By using the Service, you are deemed to have agreed to these Terms.
Article 1 (Definitions)
・The Service
The service that provides a database management platform and related functions and support built by our company on a cloud environment.
・User
The corporation or individual who uses the Service after agreeing to these Terms.
・Content
The content refers to all data and information that the User stores, processes, and manages through the Service.
・Usage Fee
The amount of money that the User must pay based on the fee structure separately determined by our company for the use of the Service.
・Confidential Information
The technical, business, commercial, and other information disclosed by our company or the User to the other party that is designated as confidential or is considered to be confidential.
Article 2 (Establishment of the Service Agreement)
A service agreement based on these terms and conditions (hereinafter referred to as the "Agreement") will be established when the user completes the application procedure specified by the Company and the Company accepts it.
The Company may not accept the application if it determines that the applicant falls under any of the following items.
-If false information is provided
-If there is a risk of violating these terms and conditions
-If the Company deems the application inappropriate for any other reason
Article 3 (Content of the Service)
The Company provides the User with the ability to create, operate, and manage databases in a cloud environment.
The User can operate the database using the management console and APIs provided by the Company, and can scale and back up the database as necessary.
The Company will provide technical support for the Service within the scope and method specified by the Company.
Article 4 (Usage Fees and Payment)
The User shall pay the usage fee for the use of the Service based on the fee structure separately determined by the Company.
The usage fee includes a monthly basic fee, a pay-per-use fee based on the amount of usage, and fees for optional services.
The payment method and due date of the service fee shall be in accordance with the method separately specified by the Company or the agreement with the User.
If the User does not pay the service fee by the due date, the Company may suspend or terminate the provision of the Service after notifying the User.
Article 5 (Handling of Content)
The User shall have all rights and responsibility for the content stored or processed in the Service.
The Company shall not view, modify, or disclose to third parties the User's content, except as required by law or this Agreement.
If the Company determines that the User is storing or distributing illegal content, the Company may delete the content or suspend the provision of the Service.
Article 6 (Intellectual Property Rights)
All rights to the software, programs, documents, etc. related to the Service belong to the Company or a third party that has granted a license to the Company.
The intellectual property rights related to the content created and accumulated by the User in using the Service belong to the User.
The User shall not copy, modify, adapt, sell, etc. the software, etc. related to the Service without the permission of the Company or a third party with legitimate authority.
Article 7 (Confidentiality)
The Company and the User shall handle confidential information disclosed by the other party in connection with the performance of this Agreement with the care of a good manager and shall not disclose or leak such information to a third party without the prior written consent of the other party.
The obligations in the preceding paragraph shall survive the termination of this Agreement for three years.
The following information shall not be considered confidential information.
-Information that was already publicly known at the time of disclosure
-Information that became publicly known after disclosure for reasons not attributable to the Discloser
-Information that was lawfully held before disclosure by the Discloser
-Information lawfully obtained from a third party
Article 8 (Handling of Personal Information)
The Company shall handle the personal information of Users acquired in the course of providing this Service appropriately in accordance with the Company's privacy policy and relevant laws and regulations.
The Company may use or entrust the personal information of Users to a third party only to the extent necessary for the operation of the Service.
If a User requests the disclosure, correction, or suspension of use of personal information about the User, the Company shall promptly respond in accordance with the procedures set forth by the Company.
Article 9 (Prohibited Acts)
Users must not engage in the following acts when using this service.
・Acts that violate laws and regulations or public order and good morals
・Acts that infringe on the rights of our company or third parties
・Acts that place an excessive burden on this service or equipment such as servers or that interfere with system operations
・Acts of disassembling, decompiling, or reverse engineering this service
・Acts that use this service in a manner that deviates from the purpose of providing this service
・Other acts that our company deems inappropriate
Article 10 (Interruption, Change, or Termination of Service Provision)
Our company may temporarily suspend all or part of this service for reasons such as system maintenance, troubleshooting, and security needs, with prior notice to users, or in the case of an emergency, with prompt notice after the fact.
Our company may change or terminate the content of this service after prior notice to users.
Even if this service is terminated, our company will not provide any services after the termination date, and users will back up necessary content, etc. at their own risk.
Article 11 (Termination of Contract)
If the User violates these Terms or if the Company determines that the User's use of the Service is inappropriate, the Company may terminate this Agreement and suspend or terminate the provision of the Service without notice to the User.
Even if the contract is terminated based on the preceding paragraph, the User shall not be relieved of the obligation to pay any debts (such as usage fees) that have already been incurred to the Company.
Article 12 (Disclaimer of Warranty and Exemption from Liability)
The Company does not guarantee that the Service will always operate normally or that it will meet the User's specific purpose or requirements.
The Company shall not be liable for any damages (such as data loss, opportunity loss, loss of business profits, etc.) caused by the User's use or inability to use the Service, except in cases of willful or gross negligence on the part of the Company.
If the Company is liable for damages to the User, the amount of compensation shall be limited to the total amount of usage fees paid by the User to the Company for the most recent year.
Article 13 (Compensation for Damages)
If the User causes damages to the Company or a third party as a result of violating these Terms, the User shall be liable to compensate for such damages.
Article 14 (Term of Contract)
The validity period of this Agreement is one month from the date of contract establishment. If no request for cancellation is made in writing or by the method specified by the Company at least 30 days before the expiration of the term, it will be automatically renewed for another month, and the same applies thereafter.
If the User wishes to cancel the Agreement during the contract period, he/she may do so by following the cancellation procedures specified by the Company, but even in such case, the User will not be exempt from any usage fees, etc. that he/she is liable to pay to the Company.
Article 15 (Severability)
Even if any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of the remaining provisions of these Terms.
Article 16 (Governing Law and Jurisdiction)
The governing law of these Terms shall be the laws of Japan.
In the event of any dispute arising in relation to these Terms, the Tokyo District Court shall be the exclusive court of first instance.
Article 17 (Matters to be discussed)
If any matter not specified in these Terms of Use or any doubts arise regarding the interpretation of any provision of these Terms of Use, the Company and the User shall discuss in good faith and seek to reach an amicable resolution.
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