These Terms of Service (hereafter, "TOS") define conditions of the online assistant service (hereafter, "the service" or "services") provided by "Caster Biz" operated by Caster, Inc. (hereafter, "Company", "us" or "We") as well as rights and obligations between us and individuals and corporations (hereafter, "user" or "users") who apply for or use the service including free users.
When using the service, users need to agree on TOS after fully understanding contents of the service by reading all the way through. In addition, when using particular services which is not defined herein TOS, we separately set terms applicable to such services in addition to these in this TOS.
Article 1. (Regarding TOS)
1. The purpose of TOS is to define the rights and obligations between us and registered users upon offering and using this services, and this TOS is applied for any relationships pertaining to the exploitation of this service between us and the registered users .
2. Rules related to the exploitation of this service we publish on our website (http://cast-er.com/) are deemed to be incorporated in this TOS.
3. In case that the contents of this TOS is different from extra explanations defined outside of it, this TOS is in priority.
4. When using this service, users are deemed to comply with a contract clause or rules on use for each service between them and telecommunications carriers or replacement business agents.
Article 2. (Definition)
Following terms used in this TOS mean:
1. "Company" means Caster, Inc.
2. "Caster Biz" collectively means services offered by Caster, Inc. It is also deemed to include "This service" mentioned later as long as it's contextually appropriate.
3. "This service" means the online assistant service which is offered by Caster, Inc.
4. "User or Users" mean individuals and enterprises as those who wish to apply for this service or use it, including free users, agreeing with this TOS.
5. "This transaction" means service agreement between company and users conducted by using this service.
6. "Entry" means certain information which has been set by Company in order to apply for registration of using this service.
7. "Antisocial forces" mean a member or group of gang, right-wing organization, antisocial forces, and others which conform to these.
8. "Entries" means the entry of users and other required information in order to use this service.
9. "Assistant" means a contact providing this service to users as well as those who execute assignments.
10. "Deliverables" mean products created in a process of carrying out tasks such as business tutorials, response E-mail templates.
11. "User damage" means damages which users sustain by the following cases: halt or close of providing this service as well as unavailability or change caused by Company, omission or loss of messages or information that users sent, erasure of registered users, loss of registered data by using this service, failure or damaged devises, and others.
12. "Usage fee of this service" means a charge that users bear for use of this service, which Company separately sets.
13. "Reimbursed expenses" mean a charge borne by Company in all spending or cost come up for using this service which users are supposed to bear.
Article 3. (Roles of this service and characteristics of transaction)
1. Regardless of individuals or enterprises, this service gives users who run a business a solution about each task coming up in their business through supports from our assistants.
2. Transactions users do by using this service is, regardless of the operation contents, a business transaction which leads to solutions for obstacles to carry out the business.
3. The contract between Company and users based on the agreement of use of this service means the completion of an outsourcing service agreement, which aims at handling tasks given by users. This doesn't mean a contracted business which aims at completing a set of service, so users are charged according to the article 7th even though tasks users request us to handle are not complete.
4. Assistants work with their team which is organized by Company. They examine appropriate way to execute the operation from each viewpoint and handle each request from users. In terms of execution and evaluation of operation, Company makes an agreement with assistants, so there is no employment contract or similar labor contract between assistants and users in any sense. Company makes agreement with assistants regarding time and places they work, so users are not allowed to constrain a location and time of business operation by indicating or controlling these or to make assistants engage a request which exceeds necessary scope regarding operation contents and executing way. Also, disciplinary rules for working assistants are agreed between Company and assistants, so users are not able to indicate it.
5. This service provides a team support consisting of multiple assistants for every account in order to enhance the service function. For this reason, on Company's own responsibility, users are deemed to agree that all or part of necessary operation providing this service can be entrusted to a third party.
6. This service allows to share one account with multiple users for ease of access. If the liabilities, however, were caused to Company as a result of multiple users using one account, all users would be deemed to be jointly responsible for the debt. Company are deemed to be able to demand all payment indicated in the article 7 to one user who used the particular account. Regarding actions from Company prescribed in this TOS such as notice toward users, Company is deemed to execute an action to all users using that account even if acting to one user registered in the account.
7. Assistants providing this service possess certain skill or experience, and accommodate requests from users by using Company's applications. The purpose of this service, however, doesn't include to provide advices based on sophisticated expertise. Hence, providing services which doesn't follow Lawyers Act, Certified Public Accounts Act, or other laws and regulations is beyond this service, so users have to make a request to assistants within a territory allowed by law in any sense.
8. This service assigns certain time within a period defined by each account after making agreement on the service contract, but it also part of this service to give the opportunity to receive service anytime of the working time Company defines within the contracted period. Even if they have dormant time because they haven't consumed entire utility time within a defined period, users will lose their rights to use dormant time and that time won't be carried over. Even though the agreement is for long-term contract more than 1 month, in case that the utilization period is divided monthly, the dormant time is deemed to be used in the available period, so these time won't be carried over even if there is still available time left in the first month. Additionally, in case of the contract for more than 1 month, if the contract is cancelled before maturity, Company may collect defined penalty.
9. Assistants of this service execute support operation to handle tasks from users. Expenses to occur while they engage the regular operation of this service such as communication equipment, etc. come on Company, however, any additional payment or costs which occur at users' requests are borne by users in any sense, unless it is caused by assistants' faults.
Article 4 (register)
1. Who they want to make use of our Service, you can apply for registration for the use of our Service as long as you agree to comply with the present terms and also by providing certain information prescribed by the Company (hereinafter referred as "Registration Statement") in a method established by our Company.
2. We determine whether the User's registration which was made the application for registration on the basis of the preceding paragraph, according to the criteria of our Company, in the case that we approve the registration, we notify the User about it. When our Company has made such notification of this section, it is assumed that registration as a User of the Service has been completed.
3. Upon completion of the registration set forth in the preceding paragraph between our Company and the User, the use of these terms of Service contract is established and the User will be able to use the Service in accordance to these terms.
4. If the User who wishes to apply falls under any of the following grounds below, registration and re-registration may be refused, and our Company does not assume any duty of disclosure for reasons.
(1) false per all or part of the registration items is provided to us, if there is a mistake or an omission
(2) minors, adult ward, it is either a person under curatorship or person under assistance, legal representative, guardian, if you did not consent, etc. of the curator or auxiliary people
(3) You are anti-social forces such as (organized crime groups, gang members, right-wing organizations, anti-social forces, other means a person pursuant to this. Hereinafter the same.), or if we were determined that you are funding or through other devices of such anti-social forces to maintain, the operation or doing some kind of exchange or involvement with equal anti-social forces, such as cooperation or involved in the management.
(4) If the User who wishes to apply our Company is determined to be a person or its affiliates in breach of contract with our Company in the past
(5) If you have received the measures specified in Article 11
(6) Others, if we have determined that it is not appropriate to register
Article 5 (change such as registration Statement)
If a change occur in necessary information as we receive the use of its own registration matters and other Service (hereinafter referred to as "registration Statements, etc.”) the User makes change by procedures such as registration Statements. etc. without delay by the way that we set. It is assumed to be. In addition, our Company, even if the User has suffered damage or loss by the delay the same change procedure, shall for the same damage, it is not responsible.
Article 6 (management of password and User ID)
1. The User, in self-responsibility, properly managed and store the password and User ID related to this Service, and you shall not transfer it to a third party, name change, and the buying and selling, etc.
2. Insufficient management of the password or User ID by the User, usage of malpractice, and liability for damages caused by the use of such third party is assumed that the User bear, our Company does not assume the responsibility at all.
Article 7 (fee and payment method)
In principle, we shall not provide the information to any third parties without obtaining prior consent from you, except when it is stipulated in personal information protection law or other regulations about personal information of user information. However, this shall not apply to the following cases:
(1) when we delegate handling all or part of personal infromation to the extent that be necessary for the achievement of Utilization Purpose.
(2) if personal information is transferred to the successor following the succession of a business due to a merger or other reasons.
(3) when we take necessary measures including legal actions in the case of user infringement of terms of service.
(4) when we are required to make disclosure by judicial order or actual instruction from public institution such as law enforcement based on law.
7.Disclosure and Updating of personl information
1. The User, as the usage consideration of this Service, the fee that we separately determined (hereinafter referred to as "the Service charge."), shall be paid to our Company by the method specified. It should be noted that the present Service charge, in principle, will generate in advance for each given period from the time that was established and even if do not use all the time given to each account in the period, it is not intended to be reduced. In addition, when the User have contracted one more than a month entered into a long-term Service contract and even as was prepaid at once, if the usage period has been divided into every month, the Service fee is not meant to be reduced, if the User do not exercise all the available time in the first month, because it is deemed to have exercised in all the outstanding fraction usage period.
2. Those Users, for additional occurring expenditure or expense in order to use this Service, be of any nature and amount except those that becomes the loss of the User who generated based on the willful us, among this, the User will burden for the amount of money that we were borne in advance (hereinafter referred to as "pocket expenses."), it shall be paid to our Company by the method specified by NEC.
3. For this Service charge and pocket expenses that occur when the User of multiple names using a single account, it is assumed that all of the Users who use the account to pay the debt in solidarity, our Company may can claim all the price of the preceding article 2 to 1 User who use the account.
4. If the User has delayed the payment of this section, the User shall pay a delay damages due to the proportion of 14% a year in our Company.
5. If our Company is provided with a refund guarantee system, etc., for its repayment methods and conditions, it is assumed in accordance with the prescribed method and conditions stipulated by separate us.
6. For subscription of this Service, and entered into a long-term contract of more than one month, if you want to terminate the contract of this Service in the middle of the contract period, the User cancel less than 1 month (the rest of the contract period case, you shall pay the rest of the contract period or taking into account the number of hours and the amount was calculated in.) the User have to pay 3 months charges of the penalty. In addition, if you have prepaid for this Service charge in the agreement, on the offset the penalty amount equivalent than the prepaid amount, the User shall be received refund.
Article 8 (Prohibitions)
1. The User, when use of the Service, must not carry out the acts set forth below.
(1) a long period of time of the call to us, performs the repetition of similar inquiry, or to impose that there is no obligation or reason, the act of causing the significantly interfere with our business.
(2) violation of our honor, credit, copyright, patent rights, utility model rights, design rights, trademark rights, portrait rights and privacy.
(3) to perform an Assistant acts which are not business permitted by lawyer Act and other laws and regulations.
(4) harassment to the assistant, acts that impede the progress of the business, such as bad behavior.
(5) intended to pry confidential information such as assistant duties conditions and residence location, generally are not disclosed.
(6) the act of the solicitation to assistant to religions, against the assistant, political association, pyramid sellings.
(7) action that the User himself or his agent is trying to personally contact with the assistant including the sending and receiving of e-mail, online, regardless of the off-line.
(8) The act or to solicit the work of the Service companies that sell or our competitors to the assistant, the act of soliciting the direct work of the User.
(9) verbal abuse, intimidation to the assistant, or acts that interfere with the performance of our business. It acts that other our Company is determined to be unsuitable as a User
(10) illegal activity, public order and morals in contrary act, and act to solicit or promote these.
(11) report to the regulatory authorities, etc. on the basis of the laws and regulations, registration, if the procedures of acquisition of approval are obliged to act to use this Service without fulfilling the procedures.
(12) Users transfer to others the right to use this Service, real estate, name change, the creation of the pledge, be subjected to collateral.
(13) the act of one User to register in duplicate to register without rational reason using multiple e-mail addresses and the like.
(14) The act of an alternative registration to Users who are stopped registered qualifications or eliminate.
(15) In addition to the above items, the act of our Company is determined to be unsuitable.
Article 9 (Service withhold)
1. We shall stop or be able to stop an offer of all or part of it without notifying the user beforehand in any of the following cases:
(1) When a computer or a communication line is affecting this Service and stop it by accident
(2) When we cannot run the Service due to reasons out of our reach such as an earthquake, a thunderbolt, a fire, a storm and flood damage, a blackout, the natural calamity in heaven and earth
(3) In addition, when we consider the interruption would be necessary
2. We do not take all responsibility about the damage that occurred in the User based on the measures that I went for based on this article.
Article 10 (right reversion)
When it is produced the cause of the concrete request of the User about production thing such as the duties manual which I generated in a process in pursuance of the duties of the assistant, the reply template (hereafter referred to as "works") by using this Service, a User shall acquire the proprietary rights and the intellectual property rights. But the proprietary rights of works and the intellectual property rights shall be reserved by us when the total amount of this Service use charges and payment for another expense to fix for Article 7 is not paid until payment of the total amount of the value is completed.
Article 11. (Deregistration)
1. Company is able to deregister such users, cancel the contract of this service or part of this service temporally if they are applicable to the following cases:
(1) Violating this TOS
(2) Being identified that user committed actions mentioned in each 4 section of Article 3. (Reasons to refuse registration or re-registry)
(3) Declaring bank suspension or inability to pay, and users commit an act of bankruptcy, civil rehabilitation proceedings, corporation reorganization, special liquidation or other similar proceedings.
(4) No response or answer for more than 30 days to Company's inquiry
(5) Other cases that Company evaluates users as being inapplicable in this respect of using this service, registration as users, or continuing the service contract.
2. If these cases above arise, users lose limited benefit in any financial obligation users have to Company, and they are obliged to pay Company all debt.
3. Company doesn't take any responsibilities regarding users' loss caused by Company's action decided based on this article.
Article 12 (Modification, Cancellation and Termination, etc.)
1. ”Company” may modify or terminate “Service” for any reason.
2. ”User” may cancel or terminate “Service” by “Company”’s prescribed method.
3. ”Company” may cancel “Service” without notice, due to difficulties in providing “Service” through communication terminal or app failure, natural disaster, server down, or other unavoidable grounds.
4. ”Company” shall not liable for any damages arising from measures based on this Article.
Article 13. (Disavowal or discharge of guarantee)
1. Company doesn't guarantee if this service fits users' specific purpose, role offering expected by users, function, accuracy, or owns availability, or complies with laws relating users or internal regulations of industry organization and violates these rules.
2. Company is not responsible for damages users sustain (hereafter, "User damage"), which users sustain by the following cases: halt or close of providing this service as well as unavailability or change caused by Company, omission or loss of messages or information that users sent, erasure of registered users, loss of registered data by using this service, failure or damaged devises, and others.
3. Company and assistants agree to users' requests and generate spend or cost occurring on users' own burden in order to support to solve tasks, however, these are regarded as users' responsibilities, so Company is not obliged to demand compensation regarding, except ones caused by our intention, to users and a third party.
4. In case to share one account with multiple users, Company is not involved in relationship among users for covering service fees and reimbursed expenses to Company.
5. Even if Company has to take responsibility from some reasons, Company doesn't sustain compensation which exceeds total charges that users have paid in the past 12 months. In addition, Company is not responsible to recompense incidental damage, consequential loss, special damage, damage in future and lost earnings.
6. Regarding business operation, Company attempts to exercise the appropriate obligations mention in Civil Code, Companies Act and other law as a business owner. Though, Company doesn't take any responsibilities for dealing, communication and dispute arisen between users and a third party in association with this service except a case caused by Company's intentional action.
Article 14 (Confidentiality)
“User” shall keep in confidence any information that is not publicly known and that the Company requested the “User” keep in confidence in relation to the Service except when the Company has given prior written approval.
Article 15 (Handling of User Information)
2. ”Company” may use or disclose masked information or data which user has provided to “Company” at “Company”s discretion. ”User” shall raise no objections.
Article 16 (Amendment of Terms of Service)
“Company” may change “Terms”. We will inform the “User” of the changes. When the “User” has used the “Service” or does not take termination proceeding of “Service” within a month, “User” shall be deemed to have assumed and agreed to the change.
Article 17 (Communication)
Inquiries about “Service”, communication or notification to “Company” from “User”, notification of “Terms”s change, and communication or notification to “User” from “Company” shall be submitted in the way prescribed by “Company”.
Article 18 (Assignment of Contractual Status)
1. ”User” may not assign, transfer or grant security, and other disposal rights and duties based on “Terms” to third parties without obtaining prior consent from “Company”.
2. When the business pertaining to “Service” is assigned, “Company” may assign rights, duties and recorded user information to Assignee based on “Terms”. “User” shall agree to this in advance. The business transfer set forth this paragraph includes not only usual business assignments but also corporate separation or any case of transfer of business.
3. When “User” does not pay fees beyond the payment deadline as specified in Article 7, ”Company” may assign its rights to third parties under “Terms”. “User” shall agree to this in advance.
Article 19 (Severability)
If any provision of “Terms” or part thereof should be held by any laws and ordinances or otherwise to be invalid or unenforceable, the remaining provisions of this Terms of Service and the remaining part of the provision that is not held partially invalid or unenforceable shall remain in full force and effect.
Article 20 (Governing Law and Competent Court)
1. “Terms” or Terms of Service shall be governed by the laws of Japan.
2. The Tokyo District Court or The Tokyo Summary Court shall be the agreed court of first instance having the exclusive jurisdiction over all disputes that may arise out of or in relation to “Terms” or any service contract.
The stipulated date : 01/11/2015