Exment Portal Terms of Use

Article 1. Names and Definitions

The terms used in these Terms shall have the meanings set forth below.

Article 2. Complete Agreement

The User fully agrees to comply with all provisions set forth in these Terms when using the Website. This agreement becomes effective when the User begins using the Website and remains in effect throughout the period during which the User uses the Website.

Article 3. User Responsibilities

• The User shall register for the Website and create an Account using an email address managed and owned by the User. The User shall properly manage, at their own responsibility, the email address and login password registered for the Account.
• By creating an Account, the User is deemed to have represented to the Company that the User is not an anti-social force and has no interest or relationship with anti-social forces.
• The Account may not be lent, transferred, or otherwise made available for use by any third party. The Account may be used only by the User personally.
• The User is responsible for maintaining the confidentiality of Account information, including the registered email address and login password. If unauthorized use by a third party is suspected, the User shall immediately notify the Company and follow the Company’s instructions.
• The Company may request the User to provide additional personal information when necessary for providing services to the User or for other reasonable business reasons of the Company. The User shall provide appropriate information in response to such requests.

Article 4. Company Responsibilities and Disclaimers

• The Company fully owns the Website and may determine matters related to the Website at its sole discretion.
• Notwithstanding the preceding paragraph, the Company shall comply with applicable laws and regulations and fulfill its social responsibilities in relation to the Website and its operation.
• The Company shall comply with the provisions of these Terms with respect to matters stipulated herein.
• Personal information collected by the Company from Users shall be appropriately managed and used in accordance with the Company’s Privacy Policy.
• The Company shall operate and provide the Website and the services offered through the Website to Users using commercially reasonable best efforts.
• Notwithstanding the preceding paragraph, the Company makes no warranties, express or implied, to Users regarding the functions or availability of the Website. The Website is provided “as is.” Individual services provided through the Website shall be provided in accordance with the SLA (service level agreement, including where incorporated into the terms of use) separately established for each service.
• Except in cases caused by the Company’s willful misconduct or gross negligence, the Company shall not be liable for any damages incurred by Users through functions or services provided by the Company via the Website, whether direct or indirect, including related expenses and attorney fees.

Article 5. Registration of Payment Methods

• Users who enter into service agreements or purchase Plugins provided on the Website must register a payment method.
• The available payment method is a credit card that can be used in Japan.
• When registering a credit card as a payment method, authentication by the credit card company through 3D Secure is required. The Company has no authority over, and assumes no responsibility for, authentication by credit card companies.

Article 6. Terms for Each Service

The User may use the following services on the Website. When using an individual service, terms specific to that service may apply in addition to these Terms.

• Exment Manager: A portal for Exment provided by the Company as SaaS (the Exment SaaS Service).
• AI Service: Services that provide AI functions offered by the Company for the Exment SaaS Service.
• Exment Plugin Market: A service that provides Plugins usable with Exment.

When using Plugins provided on the Market, terms independently established by each Plugin provider may apply to each Plugin.
Users may provide Plugins to other Users through the Market as Third Parties. In addition to these Terms, Third Parties shall be subject to the “Plugin Market Provider Terms of Use.”

Article 6-2. Exment Manager

• The User may use Exment Manager to enter into and manage subscriptions for Exment provided by the Company as SaaS (the Exment SaaS Service). The subscriptions that may be contracted include the Exment SaaS Service itself, additional disk capacity that can be added to it, and support tickets.
• A subscription agreement is formed when a confirmation screen is displayed in response to the User’s application on the Website.
• By entering into a subscription, the User agrees that the Company will charge the payment method registered by the User for the amount displayed on the Website as the fee for the contracted subscription.
• The Company grants the User a license to use the Exment SaaS Service and additional disk capacity during the period in which the User holds the subscription.
• The Exment SaaS Service and additional disk capacity are provided for use within the scope of the User’s business purposes. The User may not allow any third party to reuse the provided Exment SaaS Service or additional disk capacity, whether for a fee or free of charge.
• User data operated by the User through the Exment SaaS Service shall be stored in Japan at a data center or public cloud service selected by the Company.
• The Company shall operate and provide the Exment SaaS Service and additional disk capacity to the User using commercially reasonable efforts. Service availability shall be specified in the “Exment Service Level Agreement.” By entering into a subscription, the User is deemed to have agreed to that service level agreement as well.
• By purchasing support tickets through Exment Manager, the User may receive technical support from the Company. For how to use support tickets and the details of the support provided, please refer to the “Exment Support Terms of Use.”

Article 6-4. Exment Plugin Market

• The Exment Plugin Market (the Market) is a marketplace where the Company and Third Parties act as Providers and provide Exment Plugins to Users for a fee or free of charge. Users may purchase and obtain Plugins through the Market.
• A Plugin purchase agreement is formed when a confirmation screen is displayed in response to the User’s purchase operation on the Website.
• By purchasing a Plugin, the User agrees that the Company will charge the registered payment method for the amount displayed on the Website as the price of the purchased Plugin. The User also agrees that the Company will collect payment for paid Plugins provided by Third Parties.
• The Company does not guarantee the quality, legality, or suitability of Third-Party Plugins. The Company verifies that Third-Party Plugins do not perform harmful operations and are compatible with Exment provided by the Company before handling them on the Market, but such verification results are not guaranteed to Users. Use of Third-Party Plugins is at the User’s own responsibility. The Company is not responsible for acts or omissions of Third Parties.
• The User understands that Plugin license terms, support terms, and update policies are subject to the conditions of each Provider and shall comply with such license terms.
• If there are reasonable grounds, such as violation of the Terms of Use, violation of open-source licenses, or unauthorized use of intellectual property rights, the Company may suspend provision of Plugins on the Market. The Company may also block the use of already-provided Plugins on Exment. If use of a Plugin purchased by a User is blocked, compensation to the User or provision of alternatives shall be handled by the Plugin Provider. With respect to Third-Party Plugins, the Company has no obligation to compensate Users or provide alternatives.

Article 7. Suspension and Termination of Use

• The Company may suspend part or all of the Website’s services when there is a reasonable reason. Reasonable reasons include, but are not limited to, maintenance or inspection of the Website, handling failures, responding to security incidents, compliance with laws and regulations, and court orders.
• The Company may, at its discretion, suspend use by the relevant User in the following cases:
  • The User acts in violation of these Terms or the specific terms of use for a service used by the User.
  • There is a possibility that the User’s Account is being used fraudulently.
  • The payment method registered by the User becomes invalid.
  • The User refuses a charge from the Company.
  • The User engages in conduct that interferes with the Company’s ordinary business operations.
  • It is found that the User is an anti-social force or has an interest or relationship with anti-social forces.
• If the User’s use of the Website is suspended under the preceding paragraph, the Company will also suspend the User’s use of services provided through the Website. Upon suspension of use, fees and purchase amounts already paid by the User will not be refunded.
• When suspending a User’s use, the Company will notify the relevant User before the suspension to the extent commercially reasonable.
• The User may terminate use of the Website if the User has no outstanding debts to the Company. However, if automatic renewal is enabled for a subscription provided through the Website, future unpaid debts are deemed to exist. To terminate use, automatic renewal of the subscription must be disabled.
• When terminating use of the Website, the User shall notify the Company by the method prescribed by the Company.
• If the User terminates use of the Website, fees and purchase amounts already paid by the User will not be refunded, except as otherwise provided by laws and regulations.
• If the User terminates use of the Website, the Company will delete the User’s personal information collected by the Company in accordance with the provisions of the Privacy Policy.

Article 8. Ownership and Intellectual Property Rights

• Services and Plugins provided on the Website are protected by intellectual property rights held by the Company or Third Parties. Users must not infringe such intellectual property rights.
• Some services and Plugins provided on the Website include items provided under open-source licenses or components to which open-source licenses apply. When using such services or Plugins, Users must also comply with the applicable open-source licenses.

Article 9. Governing Law and Jurisdiction

• The agreement under these Terms and the relationship between the Company and the User based on these Terms shall be governed by the laws of Japan.
• The Company and the User agree that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance for all legal matters related to these Terms.

Article 10. Amendments to These Terms

• The Company may amend these Terms at its discretion. The amended content shall be posted on the Website and shall take effect 30 days after the date of posting.
• If the Company makes material changes related to the rights and interests of Users, the Company will notify Users by a reasonable method separately from the posting stipulated in the preceding paragraph.