These Terms of Use (hereinafter referred to as the "Terms of Use") sets forth the terms and conditions of use of the service (hereinafter referred to as the "Service") provided by Stock, Inc. (hereinafter referred to as the "Company").
By applying to use the Service, you agree to be bound by these Terms of Use when you click "Register" on the registration form for the Service, or when the Company receives your notice of intent to begin using the Service by any other method.
Article 1 Application
The purpose of this Terms of Use is to define the terms and conditions of the Service and the relationship of rights and obligations between the Company and the customer regarding the use of the Service, and shall apply to all relationships between the customer and the Company regarding the use of the Service. These Terms of Use shall apply to all customers.
Article 2 Definitions
1. "Customer" means an individual who is registered as a user of the Service in accordance with Article 3 (Registration for Use) or a corporation registered by such individual.
2.“User" means a user who uses the Service under the control of the Customer, whether paid or free of charge.
3.“Intellectual Property Rights" means copyrights, patents, utility model rights, design rights, trademarks, and other intellectual property rights.
Article 3 Registration for Use
1. You may apply to the Company for registration to use the Service by agreeing to comply with these Terms of Use and providing the Company with certain information in a manner determined by the Company.
2. The Company shall determine whether or not to register the customer who has applied for registration in accordance with the Company's criteria, and if the Company approves the registration, the Company shall notify the customer accordingly. The customer's registration shall be deemed to have been completed when the Company has given the notice in this paragraph.
3. Upon completion of registration as set forth in the preceding paragraphs, a Service Use Agreement shall be established between the customer and the Company, and the customer shall be able to use the Service in accordance with the Terms of Use.
4. The Company may refuse your registration or re-registration in the event that any of the following grounds apply to you, and the Company shall not be obligated to disclose any reason for such refusal.
(1) If there is any falsehood in all or part of the registration information provided to us.
(2) If the Company determines that you are an antisocial force, etc., or that you are involved in any interaction or involvement with antisocial forces, etc., such as cooperation or involvement in the maintenance, operation or management of antisocial forces, etc., through funding or other means.
(3) The Company determines that the customer has violated a contract with the Company in the past or is related to such a person.
(4) If you have received measures stipulated in Article 14.
(5) In addition, if the Company deems your registration to be inappropriate.
Article 4 Changes in Registered Information
1. You shall notify the Company without delay of any change in your registration information in the manner specified by us.
2. The Company shall not be liable for any loss or damage incurred by you as a result of communications, notices, etc. from the Company to you not reaching you due to your failure to give the notice in the preceding paragraph, or due to delays.
Article 5 Users
You may set up a user account for the number of users authorized by the Company for the Service. Only those who have been set up user accounts as users may use or try the Service.
In such a case, the user shall be deemed to have agreed to these Terms of Use, and you shall ensure that the user complies with these Terms of Use and manages the user's account with the care and obligation of a bona fide administrator. You may not allow more than one person to share a single user account.
Article 6 Management of ID and Password
1. You shall, at your own responsibility, properly manage and store your ID and password for the Service, and shall not allow any third party to use them, or lend, transfer, change the name of, sell, or otherwise dispose of them.
2. You shall be responsible for any damages caused by inadequate management of your ID or password, errors in use, or use by a third party, and the Company shall not be liable for any such damages.
Article 7 Contents of Service
Service contents for paid use of the Service shall be as set forth in the individual application form for use of the Service.
Article 8 Usage Fees and Payment Method
1. When you use the Service, you shall pay the usage fee determined in accordance with the usage plan specified on the website by the method designated by the Company. The Company will set the service fee according to the license of the Service, the number of authorized users, and other factors. Customers shall pay the applicable service fee in accordance with the content of the Service used. Customers shall be responsible for any bank transfer fees, remittance fees, or other charges necessary for payment. An initial fee may be charged separately for the provision of this Service. In addition, telecommunication fees, packet charges, and other telecommunication-related costs incurred for the use of this Service to telecommunication carriers are not included in the relevant service fee. Customers themselves shall separately pay such fees to telecommunication carriers. If a campaign rate is applied at the time of subscription, the normal rate will apply after the applicable period. The customer shall pay the relevant service fee by the payment due date individually determined according to the service period.
2. Payment of the service fee shall be made by credit card or other method determined by the Company.
3. In the event that the customer does not pay the service fees or other obligations after the due date, the customer shall pay to the Company an amount calculated at a rate of fourteen point six percent (14.6%) per annum as interest for the period from the day following the due date to the day before the payment date, as interest for the delay. Service fees shall accrue from the date of completion of registration for use, regardless of whether or not the Service is used by the customer.
4. The Company may change the price of the service fee for the Service. If the Company changes the price of the Service fee, the Company shall notify the customer by the 10th day of the month prior to the month in which the changed price will be applied.
Article 9 Refunds
You agree in advance that the Company shall not refund any service fees paid by you to the Company, except as provided in these Terms and Conditions.
Article 10 Change of Usage Fee Plan
1. If the customer desires to change the usage fee plan, the customer shall request the Company to change the usage fee plan in a manner determined by the Company, and upon notification from the Company that it approves such request, the customer shall be permitted to change the usage fee plan.
2. The modified usage fee plan shall be applied from the date of notification by the Company in accordance with the preceding paragraph. The Company may, at its own discretion, refuse to approve a request for a change in the usage fee plan.
Article 11 Prohibitions
In using the Service, you shall not engage in any of the following acts, or any act that the Company deems to fall under any of the following items.
1. Actions that violate laws and regulations or are related to criminal activities.
2. Fraud or threats against the Company, other users of the Service, or other third parties.
3. Acts against public order and morals.
4. Any act that infringes on the intellectual property rights, portrait rights, rights to privacy, honor, trust, or any other rights or interests of the Company, its officers or employees, other users of the Service, or any other third party.
5. Actions that place an excessive load on the Service’s network or system, etc.
6. Acts that may interfere with the operation of this Service.
7. Unauthorized access or attempted unauthorized access to the Company’s network or system, etc.
8. Impersonation of a third party
9. Using the IDs or passwords of other users of the Service.
10. Collection of information about other users of this Service.
11. Acts that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or other third parties.
12. Actions that violate the rules regarding the use of the Service posted on the Company's website.
13. Provision of benefits to antisocial forces, etc.
14. Acts that directly or indirectly cause or facilitate any of the aforementioned acts.
15. Other activities that the Company deems inappropriate.
Article 12. Suspension of this Service, etc.
In any of the following cases, the Company may suspend or discontinue providing all or part of the Service without prior notice to the customer. In no event shall the Company be liable for any damages incurred by the customer as a result of actions taken by the Company pursuant to any of the following items.
1. In case of urgent inspection or maintenance of the computer system related to this Service.
2. When there is a malfunction, suspension, or interruption of services provided by third parties that the Company uses for the purpose of providing this Service, making it difficult for us to operate this Service.
3. In the event of an accidental shutdown of computers, communication lines, etc.
4. In the event that this Service cannot be operated due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, natural disaster, etc.
5. In any other cases where the Company deems it necessary to suspend or discontinue the Service.
6. In the event of slow display speed or failure due to excessive access or other unforeseen factors.
Article 13 Intellectual Property Rights
All proprietary rights, copyrights, and all other intellectual property rights (hereinafter referred to as the "Intellectual Property Rights, etc.") related to all programs, software, services, procedures, documents, drawings, documents, trademarks, trade names, etc. that comprise the implementation environment of this service belongs entirely to the Company or its licensors. The customer may use the Service based on the conclusion of the Service Use Agreement, but does not acquire any intellectual property rights or other rights related to the Service provided.
Article 14 Deletion of Data, etc.
In the event that a customer falls under any of the following items, the Company may, without prior notice or demand, delete the customer's data, temporarily suspend the customer's use of the Service, terminate the customer's registration as a customer, or cancel the Service Use Agreement.
1. Violation of any of the provisions of the terms and conditions of the Terms of Use.
2. Ceases to make payments or becomes insolvent, or a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings.
3. If you have not responded to the Company’s inquiries or other communications requesting a response for more than thirty (30) days.
4. When any of the items of Article 3, Paragraph 4 applies.
5. In any other cases in which the Company deems it inappropriate for you to use the Service, register as a customer, or continue with the Service Use Agreement.
In the event of any of the events listed in each item of the preceding paragraphs, the customer shall naturally lose the benefit of time with respect to all debts owed to the Company and shall immediately make payment of all debts to the Company. The Company shall not be liable for any damages incurred by you as a result of any action taken by us pursuant to this Article.
Article 15 Withdrawal from Membership
You may cancel your membership from the Service and delete your registration as a customer by notifying the Company in the manner prescribed by the Company.
Upon withdrawal from membership, if you have any debts owed to the Company, you will naturally lose the benefit of time with respect to all debts owed to the Company, and you must immediately pay all such debts to the Company.
The handling of user information after withdrawal from membership shall be in accordance with the provisions of Article 19.
Article 16 Change or Termination of the Service
The Company reserves the right to change the contents of the Service or terminate its provision of the Service at its own discretion. In the event that the Company terminates provision of the Service, the Company shall notify the customer of the termination and the date of termination in advance.
The Company shall not be liable for any damages incurred by the customer based on actions taken by the Company pursuant to this Article.
Article 17 Indemnification
1. The Company does not warrant that the Service will be suitable for your specific purpose, that it will have the expected functions, commercial value, accuracy, or usefulness, that your use of the Service will comply with applicable laws, regulations, or internal rules of industry associations, or that it will be free from defects.
2. The Company shall not be liable for any interruption, suspension, termination, unavailability, or modification of the Service caused by the Company or services provided by third parties that the Company uses for the purpose of providing the Service, deletion or loss of messages or information you have sent to the Service, deletion of your registration, loss of registered data due to use of the Service, or malfunction or damage to equipment. In addition, the Company shall not be liable for any other damages incurred by you as a result of your use of the Service. However, this shall not apply in the event of intentional or gross negligence on the part of the Company. In the event that the Company is liable for damages, the scope of damages to be compensated shall be limited to the amount of consideration paid by the customer to the Company during the past three (3) months, and the Company shall not be liable for incidental damages, indirect damages, special damages, future damages, or damages for lost profits. The Company shall not be liable for any leakage to outside parties of information associated with the customer's use of the Service due to reasons not attributable to the Company.
3. The Company shall not be liable for any transactions, communications, disputes, etc. between you and other customers or third parties in connection with the Service or the Company's website.
4. The Company shall not be responsible for any errors, delays or conflicts with other programs that may occur in the use of this Service or on the Company’s website being measured. The Company suggests you use this Service after confirming operations.
Article 18 Confidentiality
You shall treat as confidential any non-public information disclosed by the Company to you in connection with the Service that the Company requires you to treat as confidential, except with the Company's prior written consent.
Article 19 Handling of User Information
1. The Company's handling of your user information shall be governed by the Company’s separate Privacy Policy, and you agree to the Company's handling of your user information in accordance with this Privacy Policy.
2. The Company may, at its discretion, use, disclose, or provide to third parties information, data, etc. provided by customers to the Company as statistical information in a form that does not identify individuals, and customers shall not object to such use, disclosure, or provision of such information, data, etc.
3. You shall, at your own responsibility, set up passwords or make backups as necessary for you and your user information and for information transmitted by users. The Company shall not be liable for any damages incurred by you due to your failure to do so.
4. You shall use the Service at your own risk and shall be fully responsible for any and all actions you take on the Service and the results thereof.
5. If the Company finds that you are using the Service in violation of these Terms of Use, the Company will take such action as the Company deems necessary and appropriate. However, the Company shall have no obligation to prevent or correct such violation.
6. You agree to indemnify and hold the Company harmless from and against any and all direct or indirect damages (including attorneys' fees) arising out of your use of the Service (including cases in which the Company receives a claim from a third party due to such use). If the Company suffers any direct or indirect damage (including the burden of attorney's fees) as a result of your use of the Service, you must compensate the Company immediately in accordance with the Company’s claims. You must immediately compensate the Company for any direct or indirect damages (including attorney's fees) you may incur as a result of your use of the Service.
Article 20 Changes to these Terms and Conditions
The Company may change this Terms of Use. In the event of modification thereof, the Company shall announce or notify you of the modification of the Terms of Use, the contents of the modified Terms of Use, and the effective date of the modification by posting the modification on the Company's website or by any other method the Company deems appropriate, and if you use the Service after the effective date of the modification or if you do not cancel your registration within the period specified by the Company, you shall be deemed to have agreed to the modification.
Article 21 Method of Contact
1. Inquiries regarding the Service and other communications or notifications from customers to the Company, as well as notifications regarding changes to the terms and conditions of the Terms of Use and other communications or notifications from the Company to customers, shall be made in a manner determined by the Company.
2. The Company shall contact or notify customers who have registered or otherwise applied for membership of the Service and other information by means of e-mail newsletters or other methods.
Article 22 Assignment, etc. of Status under Service Use Agreement
1. You may not assign, transfer, grant security over, or otherwise dispose of your position under the Service Use Agreement or your rights or obligations under the terms and conditions thereof to any third party without our prior written consent.
2. In the event that the Company transfers the business related to the Service to another company, the Company may transfer the position under the Service Use Agreement, rights and obligations under these Terms of Use, customer registration items, and other customer information to the transferee of such business transfer, and you agree to such transfer in advance according to this paragraph. The business transfer stipulated in this paragraph shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which a business is transferred.
Article 23 Renewal of Contract
Regardless of the type of plan or payment method for this Service, the contract is automatically renewed. Therefore, there is no need to take any special procedure for contract renewal. The contract will be automatically renewed on the day following the end of the contract period, with the same plan and contract period as the previous contract.
If you notify the Company during the contract period that you do not wish to renew the contract, the contract will not be automatically renewed.
Article 24 Severability
If any provision of these terms and conditions of this Terms of Use or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these terms and conditions and the remaining portions of any provision determined to be invalid or unenforceable in part shall remain in full force and effect.
Article 25 Governing Law and Court of Jurisdiction
These Terms of Use and the Service Use Agreement shall be governed by and construed in accordance with the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or in connection with these Terms of Use or the Service Use Agreement.
Revision History:
First edition on June 1, 2017
1st revision on October 3, 2017
2nd revision on February 9, 2018
3rd revision on April 6, 2018
4th revision on March 5, 2019
5th revision on September 3, 2020
6th revision on December 17, 2020
7th revision on June 10, 2022
8th revision on February 16, 2024