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Terms

This English language version of our Terms of use and Privacy policy are merely supplementary translations for our English speaking customers. For legal purposes please refer to the original Japanese documents.

 

These terms and conditions (hereinafter referred to as the"Terms") are between TAO Drive (hereinafter referred to as" the company") and registered users of the service. These terms provide conditions of use, the service obligations and rights (as defined in Article 2). Your use of this service requires you to read the full text of this agreement and agree to these Terms.

 

Terms of use

Article 1 (Application)

1. This agreement is intended to define the rights and obligations between the registered user and the company regarding the use of this service, and to provide the terms of use of this service between the company and registered users.

2. If the contents of this agreement and description of this service from another source are found to be conflicting, it shall be deemed this agreement will take precedence.

 

Article 2 (Definitions)

These Terms and Conditions include the following terms. Their meanings are set forth below:

(1) The term "Company",refers to the TAO Drive Corporation.

(2) "Services", refer to the Calendar Drive application we are providing. (If the contents or name of the service is changed for any reason, this term Includes the service and the service name after the change).

(3) "Registered user",this refers to the person registered as a service user on the basis of the (Article 3).

(4) The term "Service use agreement" refers to the agreement entered into between the registered user of this service contract and the Company. Hereinafter this is referred to as the "Agreement".

(5) "Intellectual Property Rights" refers to the application such as ownership of those rights, or to acquire the right of (their intellectual property rights copyright, patent, utility model rights, design rights, trademark rights and other means.)

(6) The term "service connection", refers to the applications and services provided by other companies that you may wish to connect to this service.

(7) The term "Apple", refers to Apple Inc, Apple Japan Co., Ltd. (Head Office Address: No. 20, No. 2, Shinjuku-ku, Tokyo Nishi-chome), iTunes, Ltd. (Head office:. Nishi-Shinjuku, Shinjuku, Tokyo chome). It also refers to the subsidiaries and affiliates.

(8) The "AppStore"refers to the download site on the iPhone / iPad operated by Apple for application software.

(9) The term "Google"  refers to Google Inc as well as it's subsidiaries and affiliates (head office 94043, United States 1600 Amphitheater Parkway, Mountain View, CA).

(10) "Google App Engine" is refered to below as ("GAE"), which refers to the application platform provided by Google.

(11) The term "Salesforce.com" refers to Salesforce.com, inc as well as the subsidiaries and affiliates of these (head office One Market, Suite 300, San Francisco, 94105, United States CA).

(12) The term "Salesforce", refers to an application that Salesforce.com provides.

 

Article 3 (Registration)

1. The User of this service (Referred to as the "registered user" hereinafter) must agree to comply with these Terms and Conditions by providing the company with all required information.

2. According to the company a user (referred to before successful registration, as "an applicant for registration" hereinafter) is not considered registered with the service until the company have acknowledged their registration, and notification has been sent to the applicant to that effect.

3. Upon completion of registration, the service use contract is established between the company and the registered user. Registered users will be able to use the service in accordance with the terms of use.

4. If the applicant for registration falls under any of the following clauses, we assume no responsibility to disclose information regarding the reason of refusal for registration and re-registration.

(1) If there are false omissions or errors on all or part of the registration items you have provided to the company.

(2) If the applicant for registration is a minor, adult ward, or person under care unless their legal representative, guardian, or carer is able to agree on their behalf.

(3) If the applicant for registration falls under any of the following: a person pursuant to a gang, gangster, right-wing group, anti-social forces, etc.) or if the service user,as determined by the Company has been involved with, or exchanged information with any anti-social forces, etc.

(4) If the Company has determined the applicant is in breach of a past contract with the company.

 

Article 4 (Change of registration matters)

If there is a change in registration related matters, registered users shall notify the Company without delay, of the changes in the manner as prescribed by the Company.

 

Article 5 (Management of the User ID and password)

1.This service does not require a password to be created or stored on behalf of a registered user for user authentication. The User ID and  password for the connection service used enables service access.

2.We do not bear any responsibility or liability for damages resulting from inadequate management of the user ID and password for the connection service, or by the use of third parties. Registered users shall bear this liability.

 

Article 6 (Service Use)

This service will also provide, through GAE, the ability to exchange information with others through a connection service application such as Apple, and connection of information services such as Salesforce.

1. The Company will bear responsibility for the following:

(1) Provision of the service in accordance with government regulations and applicable laws.

(2) Making commercially reasonable efforts to provide the service 24 hours a day, seven days a week.

2. Registered users will bear responsibility for the following:

(1)Responsibility of compliance to this agreement

(2)Making commercially reasonable efforts when using the service, to prevent unauthorized use or unauthorized access to the service. If it has been discovered that unauthorized use or unauthorized access has been made, to notify us immediately.

 

Article 7 ( prohibited acts )

1. Registered users must not do the following:

(1)Allow someone other than the registered user to use this service.

(2)Lease or rent the service.

(3)Carry out unlawful or illegal infringement or defamation of this service.

(4)Use this service to store or transmit malicious code.

(5)Create derivative works based on this service.

(6)Unauthorized reproduction of the content, or part of this service, or to mirror this service.

(7)Reverse engineering of this service.

(8)Use of this service to develop conflicting products or services.

(9)To copy features of this service, for example to copy the graphics or functions of this service.

 

Article 8 (Service interruption, etc)

This service use may be subject to interruptions or restrictions due to the implementation of periodic maintenance of equipment, facilities, and services.. Registered users shall not raise any objections regarding any limits imposed.

 

Article 9 ( Payment method and rate)

1. In return for the use of this Service, registered users must pay the usage fee in the manner as set forth by our company.

2. Usage fees are those that occur based on the purchase of services and are not based on actual use. Payment obligation is irrevocable, the fee paid is non-refundable.

3. If a registered user has purchased this service from the AppStore, they must accept the charge for this service in accordance with the provisions that Apple specifies, otherwise Apple will recover fees from the registered user on our behalf.

4. The Company will bill registered users from the start of the service period. Unless otherwise specified , user rates are due to be paid by the end of the next billing date.

5. Registered users are responsible for providing the company with correct and accurate contact and billing information.

6. If a registered user has an overdue payment of usage fees, the registered user shall pay a late charge to the company at a percentage of 14.6 percent per year.

7. If the payment of monetary obligations by the registered user to the company, on the basis of this agreement, is overdue by more than 30 days, payment of all outstanding debt must be made immediately. Until the debt is paid in full we will be deemed able to stop the service.

8. Unless otherwise specified, the payment of services to the Company , will be similar to those of any taxes and dues, or tariff including but not limited to, withholding tax (consumption tax, value added tax, sales tax, or use of a tax levy of the government of any kind to you) (hereinafter referred to as the " taxes "). Registered users are obliged to pay taxes and all related additions to the purchase based on this agreement. If we have a legal obligation to collect or enforce taxes, the amount in question will be charged to registered users and the registered user will be responsible for payment. However, if the registered user is able to provide a valid tax exemption certificate from the tax authorities they will be exempt from payment. For the sake of clarity, the Company ( based only on the employees and company assets) will only be responsible for taxes relating to the employees and company assets .

 

Article 10 (vesting)

1.Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property. The Customer owns all Intellectual Property Rights relating to customer data, and TAO Drive owns all Intellectual Property Rights relating to the Services.

2. It is assumed as a registered user you will agree to not exercise moral rights for the license or successor rights from the company.

 

Article 11 (Disclaimer and guarantee)

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, NEITHER PARTY MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE SERVICES.

 

Article 12 (Limitation of Liability)

1. The company shall not undertake any responsibility to damages to registered users in the form of compensation, whether suffered damage or failure of equipment or loss, in the context of the present services (referred to as "user damages" below) Loss or deletion of information, changes to, or interruption to the provision of the Services by the Company, including stopping, ending, or unavailability,  cancellation of registered users,etc.

2. If it is deemed that the Company is responsible for any reason, for user damages, we shall not be held responsible for damages beyond the amount of compensation that the registered user has paid to the Company in the past three months. Any damages such as incidental, indirect, special damages, lost profits and the loss of future earnings, the company can not be held responsible for compensation.

 

Article 13 (Handling of user data)

1. The handling of a registered user`s data by the company, is outlined in the privacy policy provided separately. Registered users will be deemed to agree to providing us with their user data according to the privacy policy unless prior notification is given to suggest otherwise.

2. Information usable as statistical data, in a non personally identifiable way, is at the discretion of the company, available for publication and use. Registered users are assumed to agree to this use unless they have provided prior objection to the company.

 

Article 14 (Termination and contract period )

1. This Agreement will survive all licenses entered into force from the day registered users have accepted this Agreement. The service is licensed under this Agreement until terminated or expired. If the registered user has not purchased the service by the end of the free trial period, this agreement free offer period will end upon expiration.

2. This service can be used, by the registered user, during the period enabled from the purchase date. Unless otherwise stated, all licenses will be automatically continued. However, if more than 30 days pass before either party provides intention to end this agreement, it will not apply to this.

3. In the following instances either party will be able to terminate this agreement:

(1 )Either party is able to provide written notice by the time limit (set by the 30th) for a serious violation, if the violation has not been corrected even by the expiration of the period.

(2) If the other party is the subject of allegations regarding other procedures and property management suspension of payments or bankruptcy, by the trustee , liquidation, or on assignment for the benefit of creditors .

4. If the registered user cancels this agreement, subject to the cancellation reason, the company does not assume the obligation to return the usage fee payed by the registered user.

 

Article 15 (Changes to the Terms, etc.)

These Terms and Conditions are subject to change. If any changes are made to this agreement, the relevant changes will be notified to the registered users. After notice of these changes, the company may allow a period of deregistration. If the registered user continues to use this service it will be assumed they have agreed to the change in Terms.

 

Article 16 (Contact / notification)

All notices under the terms and inquiries about this service, including approval and permission, will be in writing. This includes via electronic means such as e-mail.

 

Article 17 (Governing law and Jurisdiction)

Where the Company has provided registered users with a translation of the Japanese language version of the Terms and Conditions (hereinafter referred to as the"Japanese Version"), the Japanese Version will govern the relationship between registered users and the company. In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation. These Terms will be governed by the laws of Japan. Conflicts that may arise from the service, or conflicts between registered users and the company, related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.

 

Privacy Policy

 

Article 1: ( definition )

The following terms appear in the present Terms and Conditions and Privacy Policy. Their meanings are set forth below.

( 1) The term " Company" refers to the TAO Drive Corporation .

( 2) The term" Services" ,refers to Calendar Drive: it's contents and name. If the name or contents of the service shall change this term will still cover any changes.

( 3 ) The term " User " , refers to the person or entity registered as a user of the service, made on the basis of Article 3 (registered ) under the Terms of the Service.

( 4 ) The term " User Data " , Refers to information collected under this policy for the purpose of user identification, and regarding any information generated in connection with the users devices, for example the activity history of the communication service on the terminal smartphones, and PC such as the user's stored information.

( 5 ) The term " Service connection " , refers to the applications and services provided by other companies to connect to this service.

( 6 ) The term " Apple " refers to Apple Inc, Apple Japan Co., Ltd. ( Head Office Address: No. 20 , No. 2 , Shinjuku-ku, Tokyo Nishi- chome ), iTunes , Ltd. ( Head office : Nishi-Shinjuku, Shinjuku, Tokyo ichome) It also refers to the subsidiaries and affiliates.

( 7 ) The " AppStore " , I refers to the download site for the iPhone / iPad operated by Apple's (R) for application software .

( 8) The term " Google " , refers to Google Inc: in addition to their subsidiaries and affiliates ( head office 94043, United States 1600 Amphitheatre Parkway, Mountain View, CA).

( 9 ) " Google App Engine " refered to below as  the " GAE " , is an application platform provided by Google.

( 10) The term " Salesforce.com " ,refers to Salesforce.com, inc: in addition to the subsidiaries and affiliates ( head office One Market, Suite 300, San Francisco,, 94105, United States CA) .

( 11 ) The term " Salesforce " refers to an application provided by Salesforce.com.

 

Article 2(Method of collection and User data collected)

Depending on the method of data collection,  the User Data gathered for this service may be as follows:

( 1)Data that can be used to identify you as an individual (“Personally Identifiable Data”. This data is collected for the purposes of service registration and may include the following:

-Full name

-Mail address

-Additional data.

( 2 )Usage data. The Company may retain any data you send through the Service including the following:

-Terminal data

-Login data

-Cookies

-Anonymous ID data

-Location data.

( 3 ) User data from third parties. This may be necessary for the connection between our service and third party services. Data collected is determined by the User`s permission. The following data will be collected from the third party service:

-ID information of the User for the external service.

 

Article 3  ( purpose )

The specific purposes of the collection and use of User data with reference to service use are as follows:

( 1) To improve the service registration process including personalized notifications, calculation of charges, maintenance, and protection of the service.

(2)To respond to User inquiries and to provide help with service set-up and usage.

(3)To respond to any act in violation of the Terms and Conditions (with regards to the Company's Terms of the Service, policy, etc).

( 4 ) To notify of any changes to the terms of this service.

(5)Any additional purposes relating to any of the above.

 

Additional purposes not mentioned above are as follows:

 

( 1 )The creation of statistical data regarding the service without personally identifying individuals:

- Terminal information

-Log information

-Cookies

-Anonymous ID

-Location information

( 2 )Company use for display or delivery of third-party advertising

- Terminal information

-Log information

· Cookies

-Anonymous ID

-Location information

(3 ) Additional marketing usage:

-Full name

-Mail address

-Date of birth

-Other information as may be requested.

 

Article 4(Method of obtaining informed consent,method of requesting data withdrawal)

Users have the right to request the suspension of use of some or all of their data. Upon request to do so,  the company will stop data use .Please noted that some User data collection / use is a prerequisite for this service. If you withdraw from this service by the method determined by the Company, we will stop the collection of User data.

 

Article 5 (External transmission, presence or absence of data collection module)

(1) This service sends data including Personal Data of the contracted Salesforce User to GAE which enables the operation of this service.

(2) The data collection module is not included in this service.

 

Article 6 (third party sharing)

We will not provide any User data, Personal Data or otherwise (except as provided for disclosure, permitted under the laws and regulations of the Personal Data Protection Act) to any third party without prior User consent. However, this does not apply in the following cases:

(1) The outsourcing of part or all of our Personal Data collection, and data management, to improve our data collection and management system.

(2) If Personal Data is acquired in accordance with business succession by reason of a merger.

(3) If Personal Data provided is in accordance with the provisions of paragraph 4.

(4) If the sharing of Personal Data is required to meet any applicable law, regulation, legal process or enforceable governmental request.

(5) Other , if it is recognized by the laws and regulations of the Personal Information Protection Act.

 

Article 7 (Joint use)

The Company may jointly use Personal Data in the following instances:

(1)Personal data used in conjunction with any mentioned items in Article 2.

(2) Any individual or corporation jointly or individually commissioned to undertake service improvements, developments, maintenance, and to provide user support.

(3)For the joint provision of support through improvements, updates and developments, operations, and usage of the service.

(4)The name of the person responsible for user data management: TAO Drive Corporation.

 

Article 8 (Disclosure of personal information)

When asked by the User to disclose Personal Data based, on the provisions of the Personal Data Protection Act, the Company will disclose the required data promptly. However, please note if by the laws and regulations of the Personal Data Protection Act, we have no liability or obligations of disclosure, we require a fee for data disclosure (3,000 yen per request).

 

Article 9 (Personal Data correction and suspension of use)

 (1) The User has the right to request the Company to confirm, correct or delete Personal Data. The Company will respond to confirm, correct or delete the Personal Data within a reasonable period of time, and to a reasonable extent (the Company may charge a fee for such confirmation or correction/deletion of the Personal Data). In order to prevent the fraudulent acquisition of Personal Data through the impersonation of a third party or the like, the Company will confirm the identification of the User. Please be aware that you may not be allowed to use the service once you delete your Personal Data.

a.  If the User is asked to correct any  Personal Data, based on the provisions of the Personal Data Protection Act.

b. If Personal Data has been collected by means of deception or other wrongful methods, or has been used beyond the scope of intended use as previously determined, the Company is required to stop use, based on the provisions of the Personal Data Protection Act.

( 2 ) If a User requests for their Personal Data to be erased by the company, the company will do so and notify the User to that effect.

(3 ) If under the Personal Data Protection Act, and other relevant laws , we have no liability or obligation to stop or correct Personal Data, the provisions of the preceding two paragraphs do not apply.

 

Article 10 (Contact Center)

Please send all correspondence regarding comments, questions,  or complaints  with regards to User data handling to the following address:

Address: Chiyoda-ku, Tokyo Ichiban-cho 2-2 TAO Drive Corporation.

Department: Cloud Application Service Department

E-mail: calendardrive@taodrive.com

 

Article 11: (Changes to policy procedures)

Our Privacy Policy may change from time to time. We will post any privacy policy changes on our web page. If any changes are significant, we will send an email notification to our service Users.

 

 

Terms

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