Users (hereinafter referred to as “Users”) who use the various services provided by Cresco Vietnam Co., Ltd. (hereinafter referred to as “the Company”), including free trials (hereinafter collectively referred to as “the Services”), shall use the Services in accordance with these Terms of Use. By applying to use the Services, Users are deemed to have agreed to the contents of these Terms of Use. These Terms of Use constitute a legal agreement between the Users of the Services and the Company and apply to all Users. In addition to the General Provisions, these Terms of Use may include “Additional Provisions” applicable to the Services. When Additional Provisions apply, the General Provisions and the Additional Provisions together constitute the legal agreement regarding the use of the Services by the Users (hereinafter collectively referred to as “these Terms”). In the event of any inconsistency between the General Provisions and the Additional Provisions, the Additional Provisions applicable to the relevant Services shall prevail.

The Company may amend these Terms as necessary by providing the following notifications. If the contents of these Terms are changed, the Company will notify Users of the changes, the effective date, etc., on the Services or by other methods separately determined by the Company, at least one month before the effective date. If Users do not agree to the changes, they shall terminate the Services and cease using them before the changes become effective. If Users do not terminate the Services, the new terms will automatically apply.

Article 1 (Definitions)

The definitions of terms used in these Terms are as follows:

• “User” refers to corporations, organizations, and individuals who have agreed to these Terms and applied to use the Services in accordance with the procedures specified by the Company, and those who have been authorized by the Company to use the Services.
• “Service Infrastructure” refers to the telecommunications line facilities primarily intended for providing the Services, which are installed by the Company.
• “User Account, etc.” refers to the ID, email address, password, activation key, and other information required to use the Services, which Users use to access each service.

Article 2 (Application)

• Applications for the Services shall be made by filling out and submitting the application form specified by the Company, after agreeing to the contents of these Terms.
• The usage agreement between the User and the Company shall be established when the Company notifies the User of its acceptance of the application mentioned in the preceding paragraph.
• The Company may refuse to accept the application or terminate the agreement and prohibit the future use of the Services and other services provided by the Company if any of the following circumstances apply:
  • If it is found that the application contains false information (including false statements, errors, omissions, etc.).
  • If it is found that the User has been subject to termination of the usage agreement due to misuse of the Services in the past.
  • If the User has failed to pay fees for services provided by the Company in the past or is likely to fail to pay in the future.
  • If the Company determines that there is a significant hindrance to the execution of its business.

Article 3 (Use of User Information, etc.)

• The Company may use part or all of the User information, etc., for the following purposes:
  • For the provision, management, and operation of the Services.
  • For analyzing usage status, measuring effectiveness, and conducting analysis to improve the convenience, quality, and functionality of the Services.
  • For sending and transmitting information and various notices that are deemed beneficial to Users regarding the Services or other services provided by the Company.
    However, if Users notify the Company that they do not wish to receive such notices, the Company will cease sending them.
  • For preventing misuse of the Services and conducting investigations, etc., in the event of misuse.
  • For other necessary operations related to the provision of the Services.
• If the Company is unable to contact the User or if the information, etc., is of high urgency or importance, the Company may, at its discretion, use part of the functions of the Services used by the User to contact the User with such information, etc.
• The Company may disclose User information, etc., if requested by judicial authorities, etc., in accordance with laws and regulations.
• Other provisions regarding User information are stipulated in the Company’s Privacy Policy.

Article 4 (Changes)

• The Company may change or add to the contents of these Terms and the Services (hereinafter referred to as “these Terms, etc.”) at any time if the changes are in the general interest of the Users or if the changes are reasonable in light of the circumstances of the purpose of the usage agreement, etc.
• In addition to the preceding paragraph, if the Company changes these Terms, etc., the Company will notify Users of the changes on the Company’s website, etc., and notify the administrators of the Services by email or other electronic methods at least 30 days before the effective date of the changes. If Users do not agree to the changes, they must terminate the Services and cease using them before the changes become effective. If Users do not terminate the Services, the changed Terms, etc., will apply to the Users.

Article 5 (Free Version Services)

• Users may use part or all of the Services free of charge (hereinafter referred to as “Free Version Services”) only for the purpose of considering the introduction of the Services, by applying in accordance with the procedures specified by the Company and obtaining the Company’s acceptance. However, Users who have once used the paid services cannot apply for the Free Version Services thereafter.
• The Company may, at its discretion, change the contents of the Free Version Services or restrict the use of the Free Version Services by Users.
• The Company shall not be liable for any damages incurred by Users during the period of use of the Free Version Services, even if the Company has willful misconduct or gross negligence.
• If Users wish to formally use the paid services, they shall apply in accordance with the formal application method notified separately on the Services.

Article 6 (Service Period and Paid Usage Period)

• The usage fees for paid services are based on the fee schedule specified separately for each service. Initial costs may also be incurred when providing paid services.
  Communication-related costs incurred with telecommunications carriers are not included in the service fees.
• Even if special prices are applied at the time of contract, the regular fees will apply after the special period ends.
• For monthly usage (hereinafter referred to as “Monthly Usage”), the service period is one month starting from the first day of the month following the month in which the usage contract is concluded.
  If there is no notice of termination from the user within this period, the contract will be automatically renewed with the same content for the following month.
• For annual usage (hereinafter referred to as “Annual Usage”), the service period is one year starting from the first day of the month following the month in which the usage contract is concluded.
  If there is no notice of renewal or termination from the user at least five business days before the end of this period, the contract will be automatically renewed on a monthly basis.
• Unless otherwise specified, mid-term cancellation of the service period is not allowed.
• Billing for paid services will start from the first day of the month following the month in which the company accepts the user’s application for paid services.
  However, if the application is made within five business days before the end of the previous month, the actual start date of service usage may vary within five business days from the application date.
• The company will invoice monthly users for the next month’s service fees based on the application status as of the end of the previous month.
  Users must pay the service fees for the current month by the end of the current month based on the invoice. If the user applied through a sales agent, the payment method specified by the sales agent must be followed.
• The company will invoice annual users for the annual service fees within two business days of receiving the application for paid services.
  Users must pay the service fees by the end of the month following the month in which the invoice is issued.
  If the user applied through a sales agent, the payment method specified by the sales agent must be followed.
• Unless otherwise specified, no refunds will be made for service fees already paid.

Article 7 (License Changes, Renewals, Termination)

• The handling of license changes and changes in the number of users for paid services is as follows.
  However, in any case, the company will not respond to a decrease in the number of services used during the service period, and no refunds will be made for service fees already paid.
  • For Monthly Usage: Users can upgrade the service or add users by notifying the company in the specified manner.
    The service fees based on the new content will apply from the month following the month in which the company accepts the notification of the service change.
  • For Annual Usage: Users can upgrade the service or add users by notifying the company in the specified manner.
    The company will apply the changes based on the payment of the difference between the new grade and the old grade or the additional user fees for the remaining months of the service period from the month following the month in which the company accepts the notification of the service change.
• The termination of paid services is as follows. After the service is terminated, the user’s registered data will be completely deleted and cannot be restored.
  • For Monthly Usage: Users who wish to terminate the paid service must notify the company in the specified manner at least five business days before the end of the month preceding the desired termination month and complete the prescribed procedures.
    If the prescribed procedures are not completed, the contract will be automatically renewed for one month.
  • For Annual Usage: Users must notify the company in the specified manner at least five business days before the expiration date of the paid service and complete the prescribed procedures.
    If the prescribed procedures are not completed, the contract will be automatically renewed on an annual basis.

Article 8 (Maintenance of Equipment)

• Users are responsible for preparing all necessary communication equipment, software, and other equipment required to use the service, as well as concluding contracts for communication lines and subscribing to internet connection services at their own expense and responsibility.
• 当The company is not responsible for any inability to provide the service due to equipment failures or internet connection issues on the user’s side.

Article 9 (Handling of Registered Data)

• The company may back up the data registered by the user (hereinafter referred to as “Registered Data”) at its discretion for the convenience of recovery in case of server failure or stoppage without obtaining the user’s consent.
• If the user conducts a trial based on Article 5, the company is not responsible for any damages incurred by the user or third parties regarding the storage, deletion, or backup of registered data after the trial period ends.
• The company may monitor and access registered data for the following purposes:
  • To ensure the safe operation of the service infrastructure.
  • To prevent issues with the service or its system.
  • To resolve issues related to the service support requested by the user.
• During the trial of each service, the company may delete part or all of the data for the improvement of the service without obtaining the user’s consent.

Article 10 (Termination)

• The company may immediately terminate the service contract without prior notice to the user if the user falls under any of the following:
  • The user violates any terms and conditions of this agreement.
  • There are false statements or omissions in the application details.
  • The user interferes with the company’s business operations or service infrastructure, or engages in actions that may cause such interference.
  • The user is subject to bankruptcy, corporate reorganization, or civil rehabilitation proceedings, or files for such proceedings.
  • The company determines that there is a provisional seizure of important assets or a provisional disposition of significant actions, compulsory execution, auction, notification under Article 2 of the Provisional Registration Security Act, suspension of transactions at the bill exchange, or delinquency in taxes or other public charges, or if there are grounds for such applications, dispositions, or notifications.
  • The company is unable to contact the user by phone, fax, or email for an extended period.
  • Other cases specified separately by the company.
• If the service contract is terminated, the user account, etc., can no longer be used.
  If the company requests the return or disposal of items, the user must comply.
  The user can no longer use, view, etc., any data, files, or other information registered by the user.

Article 11 (Intellectual Property Rights, etc.)

The copyrights, trademark rights, design rights, patent rights, utility model rights, know-how, and other rights (hereinafter referred to as “Intellectual Property Rights, etc.”) related to the service and its contents belong to the company.
These Intellectual Property Rights, etc., are protected by copyright law, trademark law, and other intellectual property laws and treaties. Therefore, users must treat them in the same manner as other copyrighted works.
The intellectual property rights of 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 intellectual property laws and treaties.

Article 12 (Prohibited Acts)

• Users must not engage in the following acts when using the service:
  • Copying, distributing, lending, disclosing to third parties, leasing, or setting up collateral for user accounts, etc., to anyone other than the user.
  • Modifying, translating, altering, analyzing, creating derivative services, or distributing documents or programs related to the service.
  • Infringing on the intellectual property rights, etc., of the company or third parties.
  • Damaging the property, credit, reputation, etc., of the company or third parties, and infringing on privacy rights, portrait rights, and other rights.
  • Causing economic or mental harm to the company or third parties.
  • Defaming or harassing the company or third parties.
  • Engaging in phishing activities by impersonating the company’s or third parties’ sites.
  • Engaging in acts contrary to public order and morals (anti-social activities and their promotion).
  • Engaging in criminal acts (including uploading or distributing harmful files such as computer viruses, junk mail, spam mail, chain letters, aiding and abetting murder, kidnapping minors, pyramid schemes) and acts that promote or imply the execution of such criminal acts.
  • Registering or providing information or data containing harmful programs.
  • Sending large amounts of information using the communication functions included in the service, sending emails, etc., to unspecified persons indiscriminately against their will, or sending emails to recipients who have not been pre-approved.
  • Engaging in acts deemed to have a negative impact on minors.
  • Engaging in social activities related to sex, religion, or politics.
  • Interfering with the operation of the service and all services provided by the company, or acts that may interfere with them.
  • Damaging the credit, reputation, etc., of the service and all services provided by the company, or acts that may damage them.
  • Violating the terms of this agreement.
  • Violating laws and regulations or engaging in criminal acts, aiding and abetting such acts, or acts that may lead to such acts.
  • Other acts that violate Japanese law and the laws of the country to which the user belongs using telecommunications and electromagnetic technology, and acts deemed inappropriate by the company.
• If the user’s use of the service or user account, etc., falls under any of the items in the preceding paragraph, the company may suspend the provision of the service or the use of the user account, etc., or take other measures deemed necessary by the company.
• The company is not responsible for any direct, indirect, or other damages resulting from the suspension measures taken in the preceding paragraph.
• If the service is suspended, the user account, etc., can no longer be used. If the company requests the return or disposal of items, the user must comply.
  The user can no longer use, view, etc., any data, files, or other information registered by the user.

Article 13 (Limitation of Warranty)

• The company does not guarantee that the service will meet the user’s specific usage purposes or achieve specific results.
• The company will make every effort to ensure that there are no bugs, etc., in the provision of the service, but the service is provided as-is, and the company does not guarantee the absence of bugs or defects.
• The service is provided on a partner service platform. The company does not guarantee that there will be no defects in the partner service or that the service will always be provided without defects if the content of the partner service is changed.
• The company does not guarantee that the service will operate normally in environments other than those specified by the company or the partner service provider.

Article 14 (Limitation of Liability)

• If the company or the service provider incurs liability for damages related to the service, the maximum amount of compensation will be equivalent to one month’s usage fee for the month in which the damage occurred.
  However, in any case (including tort, contract, or other legal grounds), the company is not responsible for any indirect, incidental, special, consequential, or punitive damages, including loss of business value or business profits, business interruption, computer failure, or any other commercial damages or losses arising from the use or non-use of the service or other services through the service, even if the company was informed of the possibility of such damages in advance, and even if the direct damage was not caused by reasons attributable to the company.
  If the service used by the user is a trial version, the company or the service provider is not responsible for any damages, regardless of whether the damage is attributable to the company. If the user causes damage to the company or a third party through the use of the service, the user will compensate for the damage at their own expense and responsibility and will not claim any compensation or reimbursement from the company.
• If a dispute arises between the user and a third party through the use of the service, the user will resolve the dispute at their own responsibility and will not make any claims for arbitration, inquiry, or any other claims against the company.

Article 15 (Changes and Termination of the Service)

The company may change the content of the service without prior notice to the user, and the user agrees to this. The company is not responsible for any inconvenience or damage to the user resulting from the inability to use specific services or other disadvantages or damages.

Article 16 (Service Suspension)

• The company will conduct regular maintenance as necessary for the service. During regular maintenance, the system may be temporarily suspended, or the use of some functions may be restricted.
  The maintenance schedule will be announced on the service’s homepage, etc., in Japanese and English at least 24 hours in advance.
• Notwithstanding the preceding paragraph, the company may suspend the provision of the service if any of the following applies:
  • Maintenance or construction of systems or telecommunications equipment necessary for the provision of the service is required, or unavoidable failures occur.
  • The service is under significant load or failure, making it difficult to provide the service normally, or the company determines that there is a possibility of such. /li>
  • The company recognizes that the provision of the service may cause significant damage to users or third parties due to data tampering or hacking.
  • Telecommunications carriers or domestic and international telecommunications entities suspend or stop the provision of telecommunications services, making it difficult to provide the service.
  • An emergency occurs due to natural disasters, wars, civil unrest, enactment or revision of laws, or other force majeure, or there is a possibility of such.
  • The user delays payment related to the service.
  • The company determines that it is necessary to suspend or urgently suspend the provision of the service.

Article 17 (Discontinuation of Service)

• The company may discontinue all or part of the service in the following cases:
  • If natural disasters, failures, unforeseen accidents, etc., occur and the company deems it difficult to restore.
  • If the company deems it necessary to discontinue the service for operational reasons.
• If the company takes the measures in the preceding paragraph, it will notify the responsible manager in advance using written or electronic methods. However, this does not apply in emergencies or unavoidable situations.
• If all or part of the service is discontinued, the relevant usage contract will automatically expire.

Article 18 (Subcontracting)

The company may subcontract all or part of the provision of the service to a third party at its own responsibility. However, in such cases, the company will manage the subcontractor responsibly.

Article 19 (Linked Services)

• The service can only be used if the user is using “kintone on cybozu.com” provided by Cybozu, Inc. or “Kintone.com” provided by Kintone Corporation (hereinafter referred to as “Linked Services”) and uses the service together with the Linked Services.
• A separate contract between the user and Cybozu, Inc. or Kintone Corporation is required for the use of the Linked Services.
• The use of the service requires a contract that allows API connection to the Linked Services.

Article 20 (Management Responsibility)

• The user shall ensure that the person in charge of using the service complies with the contents of these terms and manages it with the care and duty of a good manager.
• If the user expects a load on the service infrastructure exceeding the standards set separately by the company, the user shall notify the company in advance.
  If there is no notification and the usage exceeds the standards, the company has the right to suspend the usage without notice and charge additional fees.

Article 21 (Restrictions)

If the number of uses of the kintone API by the user exceeds the standards set by the company or the supplier of the Linked Services, and it hinders the provision of the service to other users, the company may impose restrictions on the number of uses, usage time, and data transfer volume. The details of the usage restrictions will be in accordance with the regulations set separately by the company.

Article 22 (Cancellation)

For monthly usage, cancellation can be made by submitting a cancellation application form in the method specified by the company. The cancellation date will be the end of the month to which the 6th business day belongs, starting from the date the company accepts the cancellation application form.
For annual usage, cancellation can be made by reporting the intention not to renew in the method specified by the company at least 5 business days before the expiration date.

Article 23 (Publication of Cases)

The company may publish the usage cases of the service by the contractor on the company’s website, etc., for advertising and promotional purposes, only with the prior consent of the user.

Article 24 (Disclaimer and Limitation of Liability)

• The company is only responsible for the service to the extent limited by each clause of these terms.
  The company is not responsible for any matters that are not guaranteed or for which the company is not liable under each clause of these terms, matters that are the user’s responsibility, or any matters not attributable to the company.
• If there are defects, etc., in the service, the company will make efforts to improve them in a manner deemed appropriate by the company within a reasonable period.
  However, the company does not guarantee that such defects, etc., will be resolved by the corrections made by the company.
• The company is not responsible for any defects in the service caused by defects in the Linked Services, nor is it obligated to change the content of the service due to changes in the content of the Linked Services.
• Even if the user incurs damages related to the service due to reasons attributable to the company, the company is only liable for damages if there is intentional or gross negligence on the part of the company.
• In the case of the preceding paragraph, the scope of the company’s liability for damages is limited to the amount equivalent to one month’s usage fee paid by the user to the company.

Article 25 (Governing Law)

• If the user is a Vietnamese company, the interpretation of these terms shall be governed by Vietnamese law.
• If a dispute arises regarding the service and the user is a Vietnamese company, the arbitration location shall be the Vietnam International Arbitration Center (VIAC) in Hanoi, Vietnam, in accordance with its arbitration rules. The language of arbitration shall be English, and the applicable law shall be Vietnamese law.
• If the user is a company other than a Vietnamese company, the interpretation of these terms shall be governed by Japanese law.
• If a dispute arises regarding the service and the user is a company other than a Vietnamese company, the arbitration shall be conducted in Singapore in accordance with the arbitration rules of the Singapore International Arbitration Centre (SIAC). The language of arbitration shall be English, and the applicable law shall be Japanese law.

Article 26 (Survival Clause)

The provisions of Articles 11, 14, 24, and 25 of these terms shall remain in effect even after the termination of this contract.

These individual terms apply when using services linked with Kintone (hereinafter referred to as “Kintone Linked Services”)

Article 1 (Linked Services)

• Kintone Linked Services can only be used if the user is using “kintone on cybozu.com” provided by Cybozu, Inc. or “Kintone.com” provided by Kintone Corporation (hereinafter referred to as “Linked Services”) and uses the Kintone Linked Services together with the Linked Services.
• The use of Kintone Linked Services requires a user account for the Linked Services and a contract that allows API connection.
  A separate contract between the user and Cybozu, Inc. or Kintone Corporation is required for the use of the Linked Services.
• The user can only use the Kintone Linked Services for one subdomain of the Linked Services they wish to link.

Article 2 (Restrictions)

If the number of uses, simultaneous connections, data transfer volume, number of Kintone API uses, number of automated processes, number of webhook uses, etc., by the user exceeds the prescribed standards and hinders the provision of the service to other users, or if it exceeds the standards set by the supplier of the Linked Services, the company may impose restrictions on the number of uses, usage time, and data transfer volume.
If further action is deemed necessary by the company, additional charges may be applied. The details of the usage restrictions or additional charges will be in accordance with the regulations set separately by the company.

Article 3 (Management Responsibility)

• The user can appoint one administrator to act on behalf of the user for the settings within the service provided by the Kintone Linked Services.
• The user shall understand the usage restrictions of the service as stipulated in the preceding article and ensure that the users and those using the service comply with the contents of these terms, managing it with the care and duty of a good manager.

Article 4 (Number of Contracts)

• The user must apply for the service according to the number of subdomains of the Linked Services they wish to link.
• If the user exceeds the usage restrictions set by the company, they must apply for new additional options or increase the number of options.

Article 5 (Free Use)

The user can use the service for free during the period specified separately by the company. However, even during the free use period, a separate contract between the user and Cybozu, Inc. or Kintone Corporation is required for the use of the Linked Services.

Article 6 (Paid Use)

• The billing for paid services starts from the 1st of the month following the month in which the company accepts the user’s application for paid services.
  However, if the application is made after the 5th business day before the end of the previous month, the actual start date of the service may vary within 5 business days from the application date.
• For monthly users, the company will invoice the service fee for the following month based on the application as of the end of the previous month on the last business day of the previous month.
  The user shall pay the service fee for the current month by the end of the current month based on the invoice.
• For annual users, the company will invoice the annual service fee within 2 business days of receiving the application for paid services.
  The user shall pay the service fee by the end of the month following the invoice from the company.
• Notwithstanding the provisions of the preceding two paragraphs, no refunds will be made for service fees already paid.

Article 7 (Cancellation)

• For monthly usage, cancellation can be made by submitting a cancellation application form in the method specified by the company.
  However, the minimum usage period is 3 months, and if cancellation is made during the minimum usage period, the user must pay the usage fee until the end of the minimum usage period.
  The cancellation date will be the end of the month to which the 6th business day belongs, starting from the date the company accepts the cancellation application form.
• For annual usage, cancellation can be made by reporting the intention not to renew in the method specified by the company at least 5 business days before the expiration date.