Terms of Use

Article 1 (Application of These Terms)

These Terms of Use (hereinafter referred to as these “Terms”) set forth the terms and conditions of use for the service “PrimeWAF” (hereinafter, including the free trial version, referred to as the “Service”) provided by VALTES Co., Ltd. (hereinafter referred to as the “Company”).

Article 2 (Amendments to These Terms)

The Company shall be free to make amendments to these Terms whenever necessary, and such amendments shall be timely notified to the relevant users in such manner as deemed appropriate by the Company. After notification of such amendments, the new Terms as amended shall apply to the contents of the Service.

Article 3 (Application for and Purpose of Use of the Service)

A person who wishes to use the Service (hereinafter referred to as the “Applicant”) shall agree to comply with these Terms and shall make an application by filling in the application form on the website designated by the Company or the application request form designated by the Company, and the contract shall be established when the Company notifies the Applicant of its acceptance of the application in accordance with the standards of the Company (The person who has concluded a contract with the Company is hereinafter referred to as the “Subscriber.”).
The Company may refuse to accept an application for the use of the Service if the Company determines that the Applicant falls under any of the following items:
- (1)If it is found out that the Applicant made a false application;
- (2) If the Applicant has been subject to suspension or cancellation of membership registration due to violation of these Terms or violation of other terms of use related to the Company in the past;
- (3) If any event occurs that makes it difficult for the Applicant to perform these Terms;
- (4) If the Applicant is deemed to be, or is deemed to be likely to be, an antisocial force; or
- (5) If the Company otherwise determines that the provision of the Service to the Applicant is inappropriate.
The Subscriber shall use the Service only for security measures for cyber attacks against the Subscriber’s website in accordance with these Terms and other terms and conditions established by the Company.
Use of the Service shall be at the free will of users, and the Subscriber shall be responsible for its use of the Service.
The Subscriber shall promptly notify the Company of any change in the registered name, telephone number or other registered information.

Article 4 (Contract Term of the Service)

The contract term of the Service shall be for one (1) month starting on the first day of the month and ending on the last day of the month. Provided, however, that if the Company separately notify the Subscriber of the start date or the end date of use, such date shall be the start date or the end date.
If no notice of cancellation is given in accordance with the following Article, the contract term of the Service shall be automatically renewed for a period of one (1) month and the same shall apply thereafter.
If a promotional campaign is applicable to the Subscriber, the period of application of such campaign shall be in accordance with the contents of such campaign. If the Subscriber does not cancel the Service in accordance with the following Article before the end of the period during which the promotional campaign is applied, the Service shall be automatically renewed to Service to which such campaign does not apply and for which use charges under Article 7, Paragraphs 1 and 2 are payable.

Article 5 (Cancellation of the Service)

The Subscriber shall apply for cancellation by the end of the month immediately preceding the month in which the cancellation is requested in the manner designated by the Company. The cancellation by the Subscriber shall become effective on the last day of the month immediately following the month in which the Company received the cancellation notice from the Subscriber.
The Company may terminate the Service even during the contract term of the Service by giving a one (1) month prior notice to the Subscriber.

Article 6 (Suspension, Etc. of the Service)

In any of the following cases, the Company may suspend, change or discontinue the Service without giving prior notice to the Subscriber or without obtaining the consent of the Subscriber. The Company shall not be liable for any damage incurred by the Subscriber as a result thereof.

If the Company is unable to provide the Service due to malfunction or operational reasons of a computer, telecommunication facility or other equipment (hereinafter collectively referred to as “Facilities for the Service”) installed by the Company for providing the Service;
If an act of God, fire, power failure, obstruction by a third party, other emergency situation, etc. occurs and the Service cannot be provided;
If any restrictions, etc. are applied under the applicable laws and regulations; or
If the Company otherwise determines that suspension is necessary for operation of the Service.

Article 7 (Use Charges for the Service)

In consideration of the use of the Service, the Subscriber shall make payment to the Company in accordance with such payment method and such calculation method, etc. as designated by the Company. In addition, if the Subscriber fails to pay the use charges by the due date even once, the Company shall notify the Subscriber of such delinquency and may suspend the provision of the Service until all obligations are paid. The use charges for the Service shall be as follows:
- (1) For the fixed portion of the use charges for the Service, the price shall be a fixed monthly amount.
- (2) For the quantity-based portion of the use charges for the Service, the price shall be charged based on a pay-for-use system according to the amount of use.
- (3) Consumption tax and local consumption tax (hereinafter collectively referred to as “Consumption Taxes”) on the use charges for the Service shall be calculated in accordance with the preceding paragraph.
- (4) With regard to the calculation of the use charges for the Service and the amount equivalent to Consumption Taxes, any fraction less than one (1) yen shall be discarded.
- (5) Even if the service commencement date or the service termination date falls in the middle of the relevant month, the amount of the fixed portion of the use charges shall not be calculated on a daily basis.
If the Subscriber delays payment of the use charges, the Subscriber shall pay the Company late charges at the rate of 14.6% per annum for the period from the day immediately following the day on which payment is delayed.
If the Subscriber uses the Service during the period of the free trial version, the preceding two (2) paragraphs shall not apply.
If a promotional campaign is applicable to the Subscriber, there may be cases where Paragraph 1 does not apply in accordance with the contents of such campaign.

Article 8 (Management of IDs and Passwords)

The Subscriber shall use the Service by using the ID set by the Subscriber and the password issued by the Company or the password set by the Subscriber. The Subscriber shall be fully responsible for the management of such ID and password.
The Subscriber may not transfer, lend or disclose to a third party, or allow a third party to use, the ID and password.
The Subscriber who holds the ID shall be liable for any disadvantage, damage, etc. suffered by the Subscriber due to the use, etc. of the ID and password by a third party, and the Company shall not be liable therefor.

Article 9 (Prohibited Matters)

In using the Service, the Subscriber shall not conduct any of the following acts or acts that may fall under any of the following acts:

An act that infringes the property rights, moral rights such as the right of privacy, or other rights of a third party or the Company;
An act that causes disadvantage or damage to a third party or the Company;
An act that damages the reputation or credibility of a third party or the Company;
An act of making a false declaration or notification;
An obscene act, act of prostitution, act of child pornography, racist act, slanderous act, cruel act, act of recommending, soliciting or encouraging any of the foregoing acts or any other act which is against public policy;
A criminal act or act leading to a criminal act;
An act of using or providing harmful programs such as computer viruses;
An act of collecting, copying, falsifying or erasing information of a third party that is accessible when using the Service beyond the purpose of use of the Service;
An act of decomposing, analyzing or converting information such as programs contained in the Service, or otherwise deciphering the source code;
An act of using the Service in a manner that imposes an unreasonable load on the Service;
Other acts that violate the applicable laws, orders, rules, ordinances, or other standards established by public organizations;
An act deemed as antisocial forces or an act of having a relationship with antisocial forces; or
Other acts deemed inappropriate by the Company.

Article 10 (Early Termination of Contract)

If the Subscriber falls under any of the following items or the Company deems it inappropriate to provide the Service, the Company may terminate the service agreement for the Service with the Subscriber early without giving prior notice, and the Company shall not be liable for any damage incurred by the Subscriber whose agreement has been terminated early:
- (1) If the Subscriber delays payment of the charges for the Service even once;
- (2) If the Subscriber breaches any of the provisions of these Terms;
- (3) If any of the registered matters are found to be false;
- (4) If it is found that the Subscriber has been subject to suspension of use of the Service due to violation of these Terms, etc., in the past;
- (5) If the Subscriber conducts any of the acts set forth in Article 9 (Prohibited Matters);
- (6) If the Company determines that the Subscriber operates a website or service similar to or competitive with the Service or cooperates in the operation of such website or service;
- (7) If a petition is filed against the Subscriber for attachment (sashiosae), provisional attachment (kari-sashiosae), auction (keibai), or commencement of bankruptcy (hasan), civil rehabilitation (minji-saisei), or corporate reorganization (kaisha-kousei), or special liquidation (tokubetsuseisan) proceedings;
- (8) If the Company is unable to contact the Subscriber by telephone, facsimile, e-mail, mail or other means for thirty (30) days or longer;
- (9) If the Subscriber engages in any act deemed as antisocial forces, or it is found to have a relationship with antisocial forces; or
- (10) Other cases where the Company determines that the Subscriber is inappropriate as a subscriber.
If the Subscriber falls under any of the items of the preceding paragraph, all obligations of the Subscriber owed to the Company shall become immediately due and payable as a matter of course, and the Subscriber shall immediately pay all obligations to the Company in a lump sum.
The Company shall not be liable for any damage incurred by the Subscriber as a result of any action taken by the Company pursuant to this Article.

Article 11 (Handling of Personal Information, Etc.)

Any information which enables the identification of the Subscriber or the individual Subscriber (hereinafter referred to as “Personal Information”) shall be appropriately handled in accordance with the Privacy Policy separately established by the Company.
The Company may use the Personal Information such as contact information registered at the time of applying for the Service for the purpose of providing information about the services provided by the Company (including sending of e-mail magazines for advertisement and promotion).
The Subscriber hereby grants to the Company a license to use, reproduce, distribute, create derivative works of and display the Subscriber’s corporate name and logo, etc. in all media of the Company, such as web media, publications, printed materials, promotional videos and display at the exhibition, in order for the Company to advertise the usage of the Service.

Article 12 (Copyrights)

Any copyrights, patent rights, utility model rights, design rights, trademark rights, portrait rights and other intellectual property rights to all content included in the Service (including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data edits, software, etc.; hereinafter the same) are held or managed by the Company or a third party, and unless otherwise specified, use of such content (including, but not limited to, copying, modifying, uploading, posting, transmitting, distributing, licensing, selling, publishing, reverse engineering, etc.) may not be made without the prior written permission of the Company.

Article 13 (Disclaimer)

The Company shall be exempted from liability for any damage incurred by the Subscriber due to any of the following events, regardless of the cause of claim:
- (1) Force majeure including acts of God, civil disturbances and riots;
- (2) Failure in a computer, telecommunication facility or other equipment installed by the Subscriber to receive the provision of the Service (hereinafter referred to as “Subscriber’s Facilities”), failure in the Internet connection service connecting to the Facilities for the Service, or other failure in the connection environment of the Subscriber;
- (3) Damage caused by the performance value of the Internet connection service such as response time from the Facilities for the Service;
- (4) Events which are not covered by the scope of security in connection with the computer anti-virus software introduced by the Company from a third party;
- (5) Any unauthorized access or attack by a third party to the Facilities for the Service which cannot be protected with the care of a good manager, interception on the communication route, or any other event which cannot be protected with the care of a good manager;
- (6) Damage caused by the Subscriber’s failure to comply with the procedures and security measures, etc. prescribed by the Company;
- (7) Damage caused by any software (OS, middleware and DBMS), hardware and database not manufactured by the Company, out of the Facilities for the Service;
- (8) Damage caused by malfunctions of telecommunication services provided by telecommunication carriers;
- (9) Damage caused by compulsory dispositions based on the provisions of the applicable laws or other compulsory dispositions based on court orders or the applicable laws and regulations;
- (10) Any accident, such as loss of items for delivery during transportation, due to reasons not attributable to the Company;
- (11) Events related to the business operations of the subcontractor, and where the Company has no cause attributable to it with respect to the appointment and supervision of the subcontractor; or
- (12) Any other events not attributable to the Company.
The Company shall be exempted from liability for any damage incurred by the Subscriber due to administrative processing in accordance with the Subscriber’s registration information.
If the Company determines that it has an individual notification obligation to the Subscriber, the Company shall be deemed to have satisfied such obligation by sending a notification to the e-mail address registered in the Company’s system.
If any dispute arises between Subscribers or between the Subscriber and any other third party in connection with the use of the Service, the relevant Subscriber shall settle such dispute at its own responsibility and hold the Company harmless therefrom.
The Company makes no warranty of any kind with respect to the Service, including, but not limited to, its accuracy, certainty, usefulness, recentness, legality, morality, safety, reliability or non-infringement of third party rights. Therefore, even if the Subscriber or a third party incurs any damage in connection with the contents, data or samples of the Service, the Company shall not be liable for such damage.
The Company shall not be responsible for any information or services contained in other websites linked from the Service.
The Company shall not be liable for any damage arising from the use of the Service by the Subscriber for any reason. Provided, however, that this shall not apply in the case of willful misconduct or gross negligence of the Company.

Article 14 (Confidentiality)

The Subscriber shall keep confidential all facts, data, know-how and information that it learned in connection with the use of the Service (hereinafter, including Personal Information, collectively referred to as “Confidential Information”) without disclosing or divulging the same to any third party, and shall not use the same for any purpose other than the use of the Service without the prior consent of the Company. The foregoing shall apply regardless of the method of disclosure or provision of Confidential Information.
Provided, however, that the foregoing shall not apply to information that the Subscriber can prove to fall under any of the following:
- (1) Information which enters the public domain through no fault of the Subscriber;
- (2) Information which the Subscriber can prove in writing to have been in the public domain or known to the Subscriber before using the Service;
- (3) Information which is lawfully received by the Subscriber from an authorized third party without any duty of confidentiality; or
- (4) Information which is independently developed by the Subscriber without access to Confidential Information concerning the Service.
Notwithstanding the following Article, the Subscriber shall compensate the Company for all damages incurred by the Company due to the Subscriber’s breach of this Article.

Article 15 (Claim for Compensation of Damage)

If the Company suffers damage due to the Subscriber’s unauthorized use of the Service, the Company may claim for compensation of damage against the Subscriber.
Unless otherwise provided for in these Terms, the Company shall not be liable for any damage arising from any cause not attributable to the Company, damage due to any failure of the Subscriber’s Facilities, damage arising from any special circumstances (whether foreseeable by the Company or not), or damage to the Subscriber due to a third party’s claim for compensation of damage.
If the Company becomes liable to compensate the Subscriber for damage, the Company shall be liable for such damage up to the amount of the use charges for the month in which such damage is incurred (for one month).

Article 16 (Compliance with Laws and Regulations, Etc.)

These Terms and the Service shall be governed by the laws of Japan, and the Subscriber shall comply with the laws and regulations, etc. applicable to the use of the Service.

Article 17 (Severability.)

If any provisions of these Terms or a part of thereof is held to be invalid or unenforceable under laws or regulations of Japan or other applicable laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.

Article 18 (Assignment.)

The Subscriber shall not assign, transfer, grant security interests on or otherwise dispose of these Terms or the rights or obligations under these Terms without prior written consent of the Company.
In case where the Company transfers the business regarding the Service to a third party, the Company may, as part of such transfer, assign to the third party the rights and obligations of the Company under these Terms, and the Subscriber hereby agrees to such transfer in advance.

Article 19 (Notice.)

Any communication or notice made by the Company that is addressed the e-mail address provided to the Company by the Subscriber shall be deemed to be received by the Subscriber.

Article 20 (Language.)

These Terms is made in Japanese and translated into English. The Japanese text is the original and the English text is for convenience of reference. If there is any conflict or in consistency between these two texts, the Japanese shall prevail.

Article 21 (Jurisdiction)

The Osaka District Court shall be the court of first instance having exclusive jurisdiction over any lawsuit relating to these Terms and the Service.

[Established on March 1, 2022]
[Revised on November 4, 2022]

PrimeWAF Terms of Use