These Terms of Use of gusuku Services (these “Terms”) are prepared in Japanese and translated into English. The Japanese version is the original, and the English version is for reference purposes only. If there is any discrepancy in the meaning or interpretation of any provision between the Japanese version and the English version, the Japanese version shall prevail.
R3 Institute Ltd. (the “Company”) hereby stipulates the terms and conditions of use of gusuku Deploit and gusuku Customine (collectively, the “Services”) provided on the Company’s website. The users who have registered for the Services (the “Users”) shall use the Services in accordance with these Terms.
Article 1. Application
These Terms shall apply to any and all relationships between the Users and the Company regarding the use of the Services.
Article 2. Definition of the Services
- gusuku Deploit is a service which adds development support, ledger and backup functions to the kintone app provided by Cybozu, Inc. (the “kintone App”).
The specific details thereof shall be as set forth in the plans and details separately stipulated on the Company’s official website (https://deploit.gusuku.io/), etc.
- gusuku Customine is a service which: (i) generates source codes to be used for the customization, Webhook and regularly performed jobs pertaining to the kintone App, through the Users’ manipulation of the kintone App; (ii) provides functions necessary for activating such source codes; and (iii) grants the Users the right to perform such functions.
The specific details thereof shall be as set forth in the plans and details separately stipulated on the Company’s official website (https://customine.gusuku.io/), etc.
Article 3. Registration
- Those who wish to register for the Services shall apply for registration for use (each a “Registration”) through the method designated by the Company, and a Registration shall be completed by the Company upon approving the same. There may be cases where the Company does not approve such application for Registration if the Company determines that the applicant for such Registration falls under any of the following:
- Any information which the applicant has provided to the Company upon application for Registration turns out to be false or erroneous, or any necessary information is omitted therefrom;
- The applicant has breached these Terms in the past; or
- The Company otherwise determines that such Registration is inappropriate.
- Including after completion of the Registration, the Company may cancel any User’s Registration at the Company’s discretion if such User is found to fall under any of the items in the preceding paragraph.
- In any of the cases set forth in the preceding two (2) paragraphs, the Company shall not bear any obligation to disclose the reason for the non-approval or cancellation of Registration to the relevant User.
- If any change occurs to any matters regarding a User which such User has registered with the Company upon Registration for the Services (including, without limitation, such User’s address and telephone number and the contact information of such User’s person in charge), such User shall promptly notify the Company of such change, and the Company shall not bear any responsibility for any disadvantage to the User for having failed to make such notification.
Article 4. Management of User IDs and Passwords
- The Users shall appropriately manage their respective User IDs (email addresses) and passwords (collectively, the “Account(s)”) for the Services at their own respective responsibility. The Users shall not assign, lease or cause any third party to use their Accounts for any reason whatsoever.
- The Users shall be respectively responsible for any damage they incur due to their insufficient management, error in usage, or third party usage of their Accounts, and the Company shall not bear any responsibility therefor.
- Any and all use of the Services via a User’s Account shall be deemed to have been conducted by such User and any and all responsibilities therefor shall be borne by such User, regardless of whether such use has been conducted by the User him/her/itself.
Article 5. Usage Fees and Method of Payment
- In consideration for the use of the Services, the Users shall pay the usage fees separately stipulated by the Company (the “Usage Fees”) by the method designated by the Company. The Company will not refund any Usage Fees already paid for any reason whatsoever.
- If any User fails to pay the Usage Fees by the payment deadline stipulated in the relevant invoice, the settlement date of such User’s credit card, or any other payment due date designated by the Company, such User shall pay delinquency charges of 14.6% per annum from the day following the payment due date until the day of actual payment.
- The effective terms of the usage agreements (the “Agreement(s)”) for the paid Services shall be as follows, depending on the agreement period pertaining to each service plan or option:
The effective term of an annual Agreement shall be from the date of commencement of the provision of the paid Services to the last day of the month including the date on which one (1) year has elapsed from the date of commencement; provided, however, that unless either party indicates its intention not to renew the Agreement by the 20th of the month of expiration of the effective term, the Agreement shall be automatically extended for one (1) more year under the same conditions; the same shall apply thereafter.
The effective term of a monthly Agreement shall be from the date of commencement of the provision of the paid Services to the last day of the following month of the month including such date of commencement; provided, however, that unless either party indicates its intention not to renew the Agreement by the 20th of the month of expiration of the effective term, the Agreement shall be automatically extended for one (1) more month under the same conditions; the same shall apply thereafter.
- The month including the date of commencement of the provision of the paid Services shall be free of charge and shall not be charged on a per diem basis.
Article 6. Prohibited Matters
The Users may not engage in any of the following acts upon using the Services:
- Acts which violate the laws and regulations or the public order and standards of decency;
- Acts related to any criminal act;
- Physical or psychological acts of aggression or acts of making excessive demands (coercion to obtain services not provided as part of the support services) against the Company’s employees, or acts of infringing upon the privacy of the individual employees of the Company, which the Company determines to be especially vicious;
- Acts which infringe upon or threaten to infringe upon the intellectual property rights, such as copyrights and trademark rights, or any other rights of the Company or any third party;
- Acts of destroying or obstructing the functions of the Company’s server or network;
- Acts which threaten to obstruct the operation of the Company’s services;
- Acts of using the Services beyond the scope of the provisions therefor prescribed by the Company (including, without limitation, provisions regarding the number of times of use, data capacity, and time of usage);
- Acts of collecting or accumulating personal information, etc. regarding other Users;
- Acts of impersonating other Users;
- Acts of directly or indirectly providing benefits to anti-social forces in relation to the Company’s services;
- Acts of using the Services to provide optional services to two (2) or more kintone contractors through one (1) single Account;
- Acts which obstruct or threaten to obstruct the use or operation of third-party equipment, etc.;
- Acts of linking more than one (1) gusuku Customine contract to one (1) single kintone subdomain;
- Acts of analyzing the Services and any data generated thereby, including obfuscated JavaScripts, etc. generated by gusuku Customine, such as through reverse engineering;
- Acts of requesting the provision of the original versions of JavaScripts, etc., generated by gusuku Customine, before they had been obfuscated;
- Acts of requesting the right to run the customized kintone App, which was generated through the User’s manipulation, after the termination of the gusuku Customine contract; or
- Other acts which the Company determines to be inappropriate.
Article 7. Suspension of Services Provision, Etc.
- In any of the following events, the Company may suspend or discontinue the provision of all or part of the Services without providing any prior notice to the Users; provided, however, that the Company shall, as far as practically possible, endeavor to notify the Users in advance or promptly after the occurrence of such event:
- When conducting any maintenance, inspection or update of the computer system pertaining to the Services (once a month, approximately three (3) hours each time);
- When it becomes difficult to provide the Services due to a force majeure event, such as an earthquake, thunderbolt, fire, power outage or natural disaster;
- When the computer or communication line, etc. shuts down due to an accident;
- When it becomes difficult to continue the Services due to excessive access concentration or unauthorized access, etc.; or
- When the Company otherwise determines that it has become difficult to provide the Services.
- The Company may terminate the provision of the Services if it determines that it has become significantly difficult to continue the stable provision of the Services.
- The Company shall not bear any responsibility for any reason whatsoever for any disadvantage to or damage incurred by the Users or any third party due to the suspension, discontinuance or termination of the provision of the Services.
Article 8. Limitation of Use and Cancellation of Registration
- If any User falls under any of the following, the Company may limit such User’s use of all or part of the Services, cancel such User’s Registration as a User, or terminate the agreement therewith regarding the provision of the Services, without prior notice:
- Such User breaches any provision of these Terms;
- Any false fact is found among the registered matters regarding such User;
- Such User delays payment of the Usage Fees;
- Such User fails to respond to any inquiry or any other communication from the Company, which requires an answer, for thirty (30) days or more;
- Such User becomes subject to a serious disposition imposed by a supervisory authority, etc., such as the revocation of its business license, etc.;
- A note drawn by such User is dishonored or such User otherwise becomes subject to suspension of payment or becomes insolvent;
- Such User files or becomes subject to a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, voluntary liquidation or any other similar bankruptcy proceedings;
- Such User becomes subject to a petition for provisional attachment, attachment, provisional disposition or compulsory execution, or becomes subject to a disposition for failure to pay public dues or taxes;
- Such User passes a resolution for dissolution, merger, company split or assignment of all or a significant part of its management or business; or
- The Company otherwise determines that such User is not qualified to use the Services.
- The Company shall not bear any responsibility for any damage incurred by the Users due to any act conducted by the Company in accordance with this Article 8.
Article 9. Termination
- If the Users wish to terminate the agreement, they must notify the Company of their intention using the method prescribed by the Company by the 20th of the month in which the agreement is due to expire. If the notice of termination is provided after the 20th of the month in which the agreement is due to expire, it will be considered effective for the following month. For annual agreements, this will result in an automatic renewal of one (1) year in accordance with Article 5.
- Termination during the term of the agreement shall be considered immediate termination, and no refunds, etc. will be provided.
- Upon termination of the use of the Services, the Users will lose the right to access data accumulated on the Company’s equipment in connection with the Services. In this case, the Company may delete the Users’ data accumulated on the Company’s equipment without prior notice and shall have no obligation to make such data available to the Users.
Article 10. Confidentiality
- The Company shall not disclose or leak any technical or business-related secrets of the Users obtained in the course of providing the Services (the “Confidential Information”) to any third party; provided, however, that this does not apply to any of the following cases:
- Information that the Company already possessed at the time it was disclosed by the User;
- Information that was already publicly known or available at the time it was disclosed by the User;
- Information that became publicly known or available without any reason attributable to either the Company or the User after it was disclosed by the User;
- Information that the Company obtained from a third party with legitimate authority without any obligation of confidentiality; or
- When disclosure is requested by a legitimate authority.
- The Company shall use the Confidential Information solely for the purpose of providing the Services and shall not use it for any other purposes.
- The Users acknowledge that when connecting to and using the Company’s services in the “kintone.com” environment, the Company may provide the Users’ information to KDDI America (North America region), the general distributor for the Company’s services in the kintone.com environment, and Cybozu, Inc. (Asia-Pacific region).
- The Users acknowledge that the Company may provide their information to Cybozu, Inc., a partner service provider.
Article 11. Disclaimer
- The Company shall be exempt from liability for damages, except in cases of willful misconduct or gross negligence by the Company. Even if the Company is held liable for any reason, its liability shall be limited to direct and actual damages that are typically incurred; and for paid Services provided by the Company, its liability shall be capped at an amount equivalent to the Usage Fees (or in the case of ongoing services, the equivalent of one (1) month’s such fees). The Company shall not be held liable for any transactions, communications, or disputes between the Users and other Users or third parties in connection with the Services.
- In addition, the Company shall not be held liable for any actions taken in accordance with Articles 7, 8, or 12.
- Notwithstanding the preceding two (2) paragraphs, the Company shall not be held liable for any damage incurred by the Users arising from or in connection with the Services provided by the Company free of charge.
- If any kintone plugins or kintone integration services not specifically approved for combined use by the Company are used in conjunction with gusuku Customine customizations, the Company does not guarantee the proper operation of the gusuku Customine, kintone plugins or kintone integration services. The Company shall not be held liable for any malfunctions or damage resulting from such combinations, including any liability for compensation.
- If kintone supplied by Cybozu, Inc. to other companies via OEM is used in combination with kintone plugins provided by the OEM suppliers and gusuku Customine customizations, the Company does not guarantee the proper operation of such OEM-supplied kintone, kintone plugins, or gusuku Customine. The Users of the kintone App utilizing gusuku Customine customizations should use the kintone App without enabling the kintone plugins provided by the OEM suppliers. The Company shall not be liable for any malfunctions or damage resulting from such combinations, including liability for compensation.
Article 12. Changes to the Services Content
The Company may, without individually notifying the Users, partially suspend, restrict, or discontinue part of the Services for paid service plans by publicly announcing such changes on the Company’s website at least one (1) month prior to the effective date of the changes, and shall not be liable for any damage incurred by the Users as a result of such changes; provided, however, that as for the Services provided free of charge, the Company may suspend or change such Services without prior notice, and shall not be liable for any damage incurred by the Users as a result of such changes.
Article 13. Amendments to these Terms
- The Company may revise, amend, or abolish these Terms (collectively, the “Revisions”). In such cases, the Company shall notify the Users of the Revisions in a manner deemed appropriate by the Company at least one (1) month prior to the effective date of the Revisions.
- If the Users object to the Revisions under the preceding paragraph, they may terminate the Agreement by notifying the Company within a reasonable period. In such cases, the Company shall not be liable for refunding any Usage Fees received or compensating for any damage incurred by the Users as a result of the termination.
Article 14. Notifications and Communications
Notifications and communications between the Users and the Company shall be made by announcing the same on the Company’s website or by sending emails. The Users are obligated to always notify the Company of email addresses that are capable of receiving communications from the Company.
Article 15. Elimination of Organized Crime Groups and Other Anti-Social Forces
- The Company and the Users must represent that they do not, and assure that they will not in the future, fall under organized crime groups, members of organized crime groups, companies related to organized crime groups, corporate extortionists, racketeers advocating social movement, racketeers advocating political movement, special intelligence organized crime groups, or other anti-social forces (collectively, the “Organized Crime Groups and Other Anti-Social Forces”).
- The Company and the Users must submit any materials deemed necessary if it is determined that an investigation is required to determine the applicability of the preceding paragraph.
- The Company may terminate any agreement regarding the provision of the Services without providing any demand if it is found that the Users fall under the Organized Crime Groups and Other Anti-Social Forces.
- The Company shall not be liable for any damage incurred by the Users resulting from the Company terminating the agreement in accordance with the preceding paragraph.
Article 16. Support for the Services
- The Company shall provide the following support to the Users of the Services to assist them in achieving their own objectives; provided, however, that the provision of support is limited to cases where the Services are connected to the “cybozu.com” environment and sold within Japan:
Provision of articles on the support site:
- Explanations on how to use gusuku Deploit;
- Explanations on how to use “Do” and “Condition” in gusuku Customine; and
- Guidance on the operating environment of gusuku Deploit/Customine (including PC/mobile browser and network settings with restricted network connections).
Provided, however, that the following contents that fall beyond the scope of explanations on “how to use” shall be excluded:
- Considering or creating customizations tailored to the Users’ specific requirements and objectives;
- Reviewing the Users’ settings;
- Providing proposals for consultations that the Users are not expected to create or consider on their own;
- Explaining how to write regular expressions;
- Explaining kintone development methods that do not utilize functions of the Company’s services, such as writing JavaScript and CSS;
- Providing consultation related to performance tuning, etc.; or
- Providing support that the Company determines unreasonable among the support requested by the Users to achieve their own requirements.
Article 17. Prohibition on the Transfer of Rights and Obligations
The Users may not transfer or offer as collateral their contractual status under the Agreement or any rights or obligations under these Terms to any third party without the prior written consent of the Company.
Article 18. Governing Law and Jurisdiction
The interpretation of these Terms shall be governed by the laws of Japan.
In the event of a dispute related to the Services, the court with exclusive jurisdiction shall be the court having jurisdiction over the location of the Company’s head office.
Supplementary Provisions
These Terms shall come into effect as of August 25, 2015.
The revised version shall come into effect as of November 1, 2024.
Revision History
- Revised on September 6, 2016
- Revised on November 8, 2016
- Revised on October 10, 2017
- Revised on March 19, 2018
- Revised on October 17, 2018
- Revised on November 15, 2018
- Revised on June 6, 2019
- Revised on March 19, 2020
- Revised on May 27, 2020
- Revised on October 25, 2020
- Revised on January 25, 2021
- Revised on September 16, 2021
- Revised on March 1, 2022
- Revised on February 10, 2024
- Revised on March 19, 2024
- Revised on July 16, 2024
- Revised on November 1, 2024