RING Cloud Service Terms of Use
Please read the following Terms and Conditions carefully before using our service.
This agreement (hereinafter referred to as “the Agreement”) shall apply between Alxis Data, Inc. (hereinafter referred to as “Alxis Data”) and users using the RING Cloud Service provided by Alxis Data.
RING Cloud Service (hereinafter collectively referred to as “the Service”) is a collective term for services, applications, software, websites, and other properties owned/operated by RING Cloud provided by Alxis Data.
Users must use the Service based on the Agreement.
Article 1 Agreement over the terms of use
1. When the profile setting of the Service is completed, it is assumed that the user has agreed to the contents of the Agreement, and the contract based on this agreement (hereinafter “the Service Contract”) is considered to have been established.
Article 2 Modification of the Agreement
1. Alxis Data may change the contents of the Agreement (including the service name) without the permission of users. Alxis Data will notify users of any changes in an appropriate manner. However, in the case of minor changes, Alxis Data is under no obligation to notify users. If the user does not agree to any changes, the user must cancel the Service and stop using the Service before such changes take effect.
Article 3 Change of the Service
1. To improve the Service's functions, Alxis Data may modify or add functions that operate in the Service.
2. Alxis Data shall be able to suspend or delete the entire system of the Service or part of the function for updating work accompanying functional improvement.
Article 4 Service Account
1. The Service Account for this service shall be handled as follows.
① Service Account means the information of your Gmail address.
② A separate Service Account is required for each user. Service Account may not be shared, rented or transferred.
③ Please manage your Service Account responsibly and do not leak it to a third party. Users are responsible for all of their Service Accounts, and users are entirely responsible for all data, Content and other information uploaded, downloaded, etc. through the Service.
④ Users agree in advance that when the provision of the Service to users is suspended (excluding cases of suspension referred to in Article 3, Paragraph 2 and Article 13 of the Agreement ) or terminated (including the case where the provision of the Service ends due to the termination of the Service Contract), the data, Content, and all other information uploaded to the server managed by Alxis Data will be automatically deleted, and the customer will not be able to use it thereafter. In addition, users shall, at its own responsibility and expense, take measures to avoid the occurrence of disadvantages or damage due to the above, such as storing such information.
⑤ Alxis Data shall not be liable for any damages caused by the information of the Service Account becoming known to a third party.
2. When setting up the profile for the Service, please provide the latest and true information about yourself without excess or deficiency.
Article 5 Change of the registration information
1. Users shall promptly update their registration information when there is any change in their registration information in their profile settings.
2. If the user fails to receive a notice from Alxis Data due to a failure to update as described in the preceding paragraph, the user agrees in advance without objection that the notice will be deemed to have arrived at the time it should normally have arrived.
3. Alxis Data is not responsible for any damage caused by the user's failure to update in paragraph 1 of this article.
Article 6 Privacy protection
1. Alxis Data will securely manage and protect the information registered on the Service.
2. Personal information data distributed on the Service will be handled according to our privacy policy.
Article 7 Copyright protection
1. All contents that constitute the implementation environment of the Service, such as programs, software, services, procedures, text, drawings, documents, trademark, trade name, and all other intellectual property rights, including copyright, are the property of Alxis Data, and protected by copyright laws or other laws of Japan. Therefore, users must treat them as any other work. Intellectual property rights for each content accessed, displayed and used from the Service are the property of each information content provider and are protected by copyright law and other laws and treaties related to intellectual property rights.
2. Alxis Data reserves the right to remove or disable any content claimed to violate copyright law or the Agreement, and to cancel the Service Account of violators.
Article 8 Disclaimers
1. To the extent not prohibited by law, Alxis Data will not be held responsible for any damages incurred by users due to the use of the Service. Also, Alxis Data shall not be liable for any damages incurred by users due to the following reasons, regardless of the reason.
① Force majeure such as natural disasters, epidemics of infectious diseases, riots, riots, etc.
② Failure of the user's equipment (computers, telecommunications equipment, other equipment and software installed by the user to receive the provision of the Service; the same shall apply hereinafter) or failure of the user's connection environment, such as a failure of the Internet connection service to the equipment for the Service (computers, telecommunications equipment and other equipment and software installed by Alxis Data for the purpose of providing the Service; the same shall apply hereinafter)
③ Failure caused by the performance value of the Internet connection service such as the response time from the equipment for the Service
④ Intrusion of a type of computer virus for which the third party has not provided a virus pattern, virus definition file, etc. to the equipment using the Service, regarding the anti-virus software that Alxis Data has introduced from a third party
⑤ Unauthorized access or attack by a third party to facilities for the Service that cannot be prevented even with the due care of a prudent administrator, or interception on communication paths
⑥ Failure caused by the user's failure to comply with the procedures, security measures, etc. specified by Alxis Data
⑦ Failures caused by software (OS, middleware, DBMS, file storage) and databases that are not manufactured by Alxis Data among the equipment for the Service
⑧ Failure caused by hardware not manufactured by Alxis Data among the equipment for the Service
⑨ Failures caused by defects in telecommunications services provided by telecommunications carriers
⑩ Article 218 of the Code of Criminal Procedure (seizure, search, and verification by warrant), compulsory disposition based on the provisions of the Act on Interception of Communications for Criminal Investigation, and other compulsory disposition based on laws and regulations or court orders
⑪ Accidents such as damage or loss during delivery due to reasons that cannot be attributed to Alxis Data
⑫ When there is no fault or other reason attributable to Alxis Data regarding the selection and supervision of the contractor with respect to the work of the contractor from Alxis Data
⑬ Other reasons not attributable to Alxis Data
2. In addition to the items in the preceding paragraph, regardless of the reason, Alxis Data will not be liable for any damages caused to users due to suspension of the entire system or part of the function of the Service due to the update work specified in Article 3, Paragraph 2, suspension of the whole system of the Service or part of the function due to maintenance inspection according to Article 13, Paragraph 1, and suspension of the entire system or part of the function of the Service according to Article 13, Paragraph 2.
3. In the event of a dispute between a user and a third party, the user shall resolve it at his or her own responsibility and expense, and Alxis Data shall not be involved in any way. If Alxis Data suffers damages (including but not limited to attorney's fees) as a result of such dispute, the user shall compensate Alxis Data for any and all damages.
4. Except as expressly stated, Alxis Data does not guarantee the specific functions available through the Service, their reliability, availability, or the ability to meet your needs.
Article 9 Prohibition
1. The following acts are strictly prohibited when using the Service or Service Account.
① Grant or grant the right to use the Service to a third party, unless otherwise agreed by Alxis Data
② Reproduction, distribution and lending of Service Account, etc. to other users or to third parties, transmission to third parties, leasing, setting collateral
③ Acts that enable the template program to be reproduced, modified, distributed, publicly or privately transmitted in excess of one’s own scope of use
④ Amend, translate, change, remodel, analyze documents and programs relating to the Service
⑤ Acts that create and distribute a derivative service without the approval of Alxis Data
⑥ Acts that infringe the intellectual property rights of Alxis Data, business partners, other customers, or third parties
⑦ Acts that damage the assets, discredit or tarnish the reputation of other users or third parties, and acts that infringe upon rights to privacy, portrait rights, intellectual property rights and other rights
⑧ Acts that inflict or may inflict losses or damages on Alxis Data or a third party
⑨ Acts that are contrary to public order or morality
⑩ Acts that violate laws or regulations or criminal acts or acts that assist or may assist such acts
⑪ Phishing to impersonate the website of Alxis Data, other Users or a third party
⑫ Register or provide information or data containing harmful software
⑬ Using the Service’s communication function to send vast amounts of data or to indiscriminately send data to an unspecified number of people
⑭ Acts that obstruct or may obstruct the management of the Service or other services provided by Alxis Data
⑮ Acts that damage the credibility, reputation, etc. of the Service and all services provided by Alxis Data, or acts that may cause such damage
⑯ Other acts deemed inappropriate by Alxis Data
2. If the user's use of the Service or the Service Account, etc. falls under any of the items of the preceding paragraph, Alxis Data shall be able to suspend the provision of the Service or the use of the Service Account, etc., and take other measures deemed necessary by Alxis Data.
3. Alxis Data is not responsible for any direct, indirect or other damages caused by taking the suspension measures in the preceding paragraph.
Article 10 Consignment
1. Alxis Data shall be able to outsource all or part of the business related to the provision of the Service without user consent by imposing the same obligation as Alxis Data's duty under the Agreement. However, in that case, Alxis Data will take responsibility for managing the subcontractor.
Article 11 Business transfer
1. If Alxis Data transfers the business related to the Service to another company, the status of the Service Contract, rights and obligations based on the Agreement, and User Information can be transferred to the assignee of the business transfer by Alxis Data. Users shall have previously agreed to such transfer. The business transfer set forth in this section shall include not only ordinary business transfer, but also any union split or any other case where the business is transferred.
Article 12 Service charge
1. When using the Service, if a usage fee is incurred, users agree to pay the service charge estimated at the time of purchase of the Service.
2. Alxis Data reserves the right to change the price of the service charge at any time, but when Alxis Data offers a special period and service charge for user’s use of the Service, Alxis Data agrees that the service charge will remain unchanged during that period. After the offer period ends, the service charge will be charged at the then-current rate. If users do not agree to these changes, users must stop using the Service and request cancellation. Upon cancellation, the Service will terminate at the end of the existing service term or payment term and there will be no refund for any services previously paid.
3. Users shall pay the service charge to Alxis Data in the currency quoted by Alxis Data at the time of purchase by the prescribed method. Alxis Data reserves the right to change eligible currencies at any time, except where not permitted by law. In addition, if payment is not made by the due date, a delay charge of 14.6% per annum shall be charged from the day after the payment due date until payment has been completed.
4. Communication expenses and packet charges or other communication-related expenses incurred by communication carriers when using the Service are not included in the service charge. Users must pay communication carriers themselves.
5. If a user does not pay the service charge obligation by the due date, Alxis Data will notify the user of the reason and the date of suspension of provision in advance, and will cancel the Service Contract and suspend the provision of the Service.
6. Unless otherwise specified, Alxis Data will not refund any service charges that have already been paid.
Article 13 Services
1. The quality assurance is as follows.
① The Service is provided 24 hours a day, 365 days a year (excluding suspension of service).
② Users must maintain the terminal equipment settings and usage environment conditions necessary for using the Service so that they conform to the recommended environment specified by Alxis Data.
③ If the Service is unavoidably suspended for more than 24 hours due to regular maintenance, Alxis Data will notify users in advance.
2. Parsable MIME types and file extensions of files are as follows.
① image/jpeg (file extension: .jpeg or .jpg)
② image/png (file extension: .png)
③ image/bmp (file extension: .bmp)
④ image/tif (file extension: .tif or .tiff)
⑤ Video/x-msvideo (file extension: .avi), either uncompressed, HuffYUV, or Ut Video codec files
⑥ The Service cannot handle files whose MIME type and file extension do not match, or data files with MIME types and file extensions other than the above.
3. Regarding suspension of services, Alxis Data may suspend the provision of services if any of the following items apply.
① When maintenance of our equipment is necessary to maintain and provide the Service, or when an unavoidable failure occurs in the Service
② When a significant load or failure occurs in the Service and it is difficult to provide normal services, or when Alxis Data judges that it is difficult to provide the Service
③ When Alxis Data determines that the provision of the Service may cause significant damage to users, third parties, etc., such as falsification of data, hacking, etc.
④ When the Service cannot be provided due to a fire, power outage, etc. not attributable to Alxis Data
⑤ When the Service cannot be provided due to a natural disaster such as an earthquake, eruption, flood, tsunami, etc.
⑥ In other situations where Alxis Data determines that it is necessary to suspend or urgently suspend the provision of the Service, the Service may be suspended. This includes unexpected changes or suspension of environments such as web browsers and cloud services that are essential for the Service.
Article 14 Content
1. Content means all electronic data that users upload to the Service.
2. All Content uploaded by users is their property.
3. Users are responsible for the following regarding their Content.
① Managing all of their Content, including their Service Account
② All necessary rights ownership confirmations regarding their Content
4. Users warrant not to violate any law or the Agreement by uploading or downloading their Content on the Service.
5. In the event of the following items, users agree to give Alxis Data the right to process, use, transmit, and publish their Content and other information Alxis Data obtains as part of user’s use of the Service.
① When necessary for Alxis Data to provide the Service
② As permitted by the Agreement
③ Where required by law, regulation or order
④ When responding to emergencies
Article 15 Content storage
1. The Service is provided based in Japan. By using and accessing the Service, users consent to the storage of Content and other personal information located in Japan and the United States.
Article 16 Third Party Products
1. Alxis Data makes available to users any third party applications, services and products (hereinafter collectively referred to as “Third Party Products”) for the purpose of connecting to and using the Service. Third Party Products are not required for use of the Service.
2. Alxis Data makes no warranties or representations regarding user’s use of Third Party Products. Users shall contact the third party provider directly when having any questions or concerns about Third Party Products.
Article 17 Use of User Information
1. Alxis Data will strictly manage all information such as registration information submitted by users and data obtained through the use of the Service (hereinafter collectively referred to as “User Information”) with the care of a good manager.
2. Alxis Data will not use User Information beyond the scope stipulated by laws and regulations, or beyond the scope of the purposes of use set forth in the following items.
① For provision, management and operation of the Service
② To make necessary contact for users to use the Service
③ To send notifications regarding campaigns, questionnaires, advertisement distribution, and other products or services, etc. When users notify Alxis Data that they do not wish to receive such notices, Alxis Data will not send any further notices.
④ For shipping prizes associated with campaigns, questionnaires, etc.
⑤ To respond to disputes, lawsuits, etc.
3. Alxis Data will not disclose or share the applicable User Information to third parties without the consent of the user. However, the following cases are excluded.
① When it is necessary to investigate and respond to user inquiries
② When users apply for a service provided by a business partner in addition to the Service provided by Alxis Data
③ Requests in accordance with laws and regulations (including requests by investigation-related matters inquiry form) or when necessary for legal procedures
④ When Alxis Data deem it necessary, such as when it is necessary to protect the rights of Alxis Data, business partners, other customers, or third parties
Article 18 Confidential information
1. When users or Alxis Data provide the other party with any documents and information marked as “Confidential Information” (or words of similar meaning), or information that is generally understood to be confidential (written or verbally), they shall be treated as confidential information and shall not be disclosed or divulged to any third party. However, this shall not apply to cases where prior written consent has been obtained from the other party and information that falls under any of the following items.
① Information already held without obligation of confidentiality
② Information legitimately obtained from a third party without obligation of confidentiality
③ Independently developed information not based on information provided by the other party
④ Information that becomes publicly known before or after receipt without violating the Agreement
⑤ Information provided without designation, scope specification, or indication that it is confidential information in accordance with this Article
2. Notwithstanding the provisions of the preceding paragraph, users and Alxis Data shall be able to disclose confidential information that should be disclosed based on the provisions of laws and regulations or at the request of an authorized public agency to the disclosure destination based on the provisions of the law or to the relevant government agency. In this case, users and Alxis Data shall notify the other party to the effect of disclosure before the disclosure, unless it is against the relevant laws and regulations, and when it is impossible to notify the other party before the disclosure, it shall be done promptly after the disclosure.
3. When confidential information is provided by the other party, the confidential information shall be used only within the scope of the purpose of the Agreement, and necessary measures shall be taken to manage the confidential information.
Article 19 Compensation for damages
1. If a user causes damage to Alxis Data due to violation of the Agreement or in connection with the use of the Service, the user must compensate Alxis Data for all damages (including professional expenses such as lawyers and the amount equivalent to Alxis Data's personnel expenses).
2. In the event that Alxis Data receives a claim for infringement of rights or any other reason from another user or other third party in connection with the use of the service by a user, the user must compensate the amount that Alxis Data was forced to pay to the third party based on the claim and the amount that Alxis Data borne for the resolution of the dispute related to the claim (including lawyers and other specialist fees and Alxis Data's personnel expenses).
Article 20 Withdrawal
1. Users shall be able to withdraw from the Service by the prescribed method. Users who withdraw from the Service (hereinafter referred to as "Withdrawal") and users who are permitted to use the Service by said withdrawing shall not be able to use the Service from the time of withdrawal.
2. If a user have any obligations owed to Alxis Data upon withdrawal (including, but not limited to, not only the obligations under the Agreement, but also the user's liability for damages to Alxis Data), the user naturally loses the benefit of time for all debts owed to Alxis Data, and must immediately perform all debts to Alxis Data.
3. Even if a user withdraws in the middle of the Service Contract based on the Agreement, the service charge corresponding to the remaining period of the Service Contract will be incurred, and Alxis Data will not settle or refund the user by prorated calculation etc.
4. Even after withdrawing from the Service, users shall not be relieved of the obligations and liabilities owed to Alxis Data by the use of the Service.
5. Even after a user withdraws from the Service, Alxis Data shall retain, use, or delete the Service Accounts of the withdrawing user, the Service Accounts of users added by the withdrawing user based on the Agreement, and the data and other information provided to Alxis Data by the withdrawing user.
6. If a user wishes to re-register for the Service after withdrawing, the user will need to complete the registration procedure again. Users agree in advance that the data before withdrawal will not be taken over even by re-registering.
7. After withdrawing from the Service, Alxis Data shall not hand over the User Information provided by the user, and users shall consent to this without objection.
Article 21 Cancellation of the Agreement
1. In the event a user falls under any of the following items, Alxis Data may immediately cancel the Service Contract without prior notice to the user.
① When a user violate any of the provisions set forth in the Agreement
② When a user provide false information or omit information in the registration information
③ When Alxis Data is concerned about user reliability such as when a user files for bankruptcy or corporate reorganization, receives notice for or independently files for civil rehabilitation proceedings
④ When a user has received notice of provisional seizure, provisional disposition or public sale, or where notice has been given under the provisions of Article 2 of the Act on Contract for Establishment of Security Interests by Use of Provisional Registration, or when a user is subject to warning or disposition of dishonor by a clearinghouse, or when a user is punished for default of payment of taxes and other public dues, or when a user has committed an act that may give rise to such a notice, punishment or notification
⑤ When a user cannot be contacted by Alxis Data by means such as telephone, FAX or e-mail for a long period of time
⑥ When the service charge has been delinquent for three months or more, or when Alxis Data determined that repeated delinquency has caused the user's credibility to be impaired
⑦ In other situations where Alxis Data determines that the continuation of the use of the Service is not appropriate
2. When the Service Contract is canceled, Service Accounts cannot be used at all thereafter. In addition, the data, Content, and any other information provided by the user cannot be used or browsed at all thereafter.
3. When the Service Contract is canceled, users must promptly delete the program provided by the Service from the installed terminal. Alxis Data is not responsible for any damage caused by not deleting them.
4. When the Service Contract is canceled, users naturally lose the benefit of time for any and all debts owed to Alxis Data (including, but not limited to, not only the obligations under the Agreement, but also the user's liability for damages to Alxis Data), and must immediately perform all of the debts owed to Alxis Data.
5. Even after the Service Contract is canceled, users shall not be exempted from all obligations and obligations (including but not limited to liability for damages) to Alxis Data and other third parties regarding the use of the Service.
Article 22 Cancellation due to relationship with antisocial forces
1. Users and members of Alxis Data are those who do not apply to any of the following; Gangsters, gang members, gang companies, general members, people who have not passed five years since they were no longer gangsters, members of the social movement such as a charter Golo or a special intelligence violence group, or any other equivalent (hereinafter collectively referred to as “Gang Members”). Users and members of Axis Data also guarantee not to fall under any of the following and promise to the other party not to apply in the future as well.
① Having a relationship in which it is recognized that Gang Members control business
② Having a relationship in which it is recognized that Gang Members are substantially involved in business management
③ Having a relationship that is deemed to use Gang Members unfairly, such as for the purpose of trying to profit the fraud of oneself or a third party, or for the purpose of damaging the third party
④ Having a relationship with Gang Members in terms of providing funds or providing facilities etc.
⑤ Officers or persons substantially involved in management having a relationship with Gang Members that should be socially criticized
2. Users and Alxis Data are able to cancel the Service Contract without giving any notice when the other party or the officer of the other party or the employee of the other party is found to fall under Gang Members or any of the items in the preceding paragraph contrary to the statements and affirmations of the preceding paragraph.
3. The provision of Paragraph 2 of the preceding article shall apply when Alxis Data cancels the Service Contract according to the preceding paragraph.
Article 23 Contact and notification
1. Inquiries regarding the Service and other communications or notices from users to Alxis Data, notifications concerning changes to the Agreement and other communications or notifications from Alxis Data to users shall be made by e-mail or other methods specified by Alxis Data. Notice shall be effective upon transmission from the originator.
Article 24 Severability
1. If any provision of the Agreement or any portion thereof is held invalid or unenforceable, such determination shall not affect the other portions and the remaining portions of the Agreement shall remain valid and enforceable. Users and Alxis Data agree to comply with the intent of such invalid or unenforceable provision or portion and endeavor to ensure an equivalent effect and agree to be bound by the amended Agreement.
2. Even if any provision of the Agreement or a part thereof is deemed invalid or unenforceable in relation to a certain user, it does not affect the validity in relation to other users.
Article 25 Survival clause
Even if the Service Contract is terminated, Article 7 (Copyright protection), Article 8 (Disclaimers), Article 11 (Business transfer), Article 17 (Use of User Information), Article 19 (Compensation for damages), Article 20 (Withdrawal) Paragraph 2 to 7, Article 21 (Cancellation of the Agreement) Paragraph 5, Article 22 (Cancellation due to relationship with antisocial forces), Article 24 (Severability), Article 25 (Survival clause), Article 26 (Governing law and jurisdiction), and Article 27 (Good faith consultation) shall survive.
Article 26 Governing law and jurisdiction
1. The Agreement is governed by the laws of Japan.
2. In the event of a dispute regarding the Agreement, the Tokyo District Court shall be the exclusive jurisdiction court of the first trial.
Article 27 Good faith consultation
In the event of any doubt regarding matters not stipulated in the Agreement or the interpretation of the Agreement, the user and Alxis Data shall promptly resolve the matter through mutual consultation in accordance with the principle of good faith.
RING Cloud Service Terms of Use 1.0.0
Date of issue: November 1st 2022
Issuer: Alxis Data, Inc.
Yebisu Garden Place Tower 31F, 4-20-3 Ebisu,
Shibuya-ku, Tokyo, 150-6031 Japan