Nobilista Terms of Use

Definition of Terms

The main terms used in the Agreement are defined as follows.

Nobilista Service (hereinafter referred to as “the Service”) is a cloud-based search ranking check tool service provided by the IIP Corporation on the Internet.

The term “the Software” means the software required to be downloaded in order to use some of the functions of the Service. Unless otherwise specified, the term “the Service” shall include the Software.

The term “the Site” means the website operated by the Company with respect to the Service.

“Free Trial” means the use of the Service free of charge (during the service period).
“Personal Plan” refers to the paid usage of the Service within the scope of functions separately defined.
“Business Plan” refers to the paid usage of the Service within the scope of functions separately defined.
“Enterprise Plan” refers to the paid usage of the Service within the scope of functions separately defined.

The term “Option” means an option provided to lift some of the restrictions on the use of the functions of the Service (Option to add number of keywords and website registrations).

“Service Agreement” refers to the contract for the provision of the Service by the Company.

“Subscriber” refers to any person who has contracted with the Company for the use of the Service under the Agreement.

Hereafter, all “Subscribers” are collectively referred to as “Customers”.

“Monthly Subscription” refers to the contract for one month of the Service initiated by paying a fee for one month of the Service, applicable to the Personal Plan, Business Plan, Enterprise Plan, and Options.

“Annual Subscription” refers to a one-year contract for the Service initiated by paying a fee for one year of the Service, applicable to the Personal Plan, Business Plan, Enterprise Plan, and Options.

Application and Modification of Terms and Conditions

The Agreement shall apply to all Customers.
Those who do not agree to the Agreement may not use the Service.
If there are any other provisions on the Site regarding the Service (hereinafter referred to as “Other Provisions”), the Other Provisions shall be deemed to be a part of the Agreement.
In the event of any discrepancy between the provisions of the Agreement and the Other Provisions, the Other Provisions shall take precedence over the Agreement.

The Company may change the Agreement at any time and at its sole discretion, and the Customer agrees to be bound by such changes.
Unless otherwise specified by the Company, any changes to the Agreement shall be announced to the Customer from time to time by posting on the Site, and shall become effective upon such posting.
If the Customer does not agree to the changes in the Agreement, the only option for the Customer is to terminate the Agreement by following the cancellation procedure as set forth in Article 18.

If any changes are made to the Agreement, the Customer may be asked to accept the amended terms of use.

Provision of the Service

The Company shall provide the Service to the Customer.
Specific details of the Service for each plan of the Service shall be in accordance with the contents of the separately prescribed web page.

The Customer shall, at its own responsibility and expense, prepare the necessary environment for use of the Service, including hardware, software, Internet connection lines, and security (hereinafter referred to as the “Service Environment”).

Intellectual Property Rights, etc.

All patents, utility model rights, design rights, trademark rights, copyrights, rights under the Unfair Competition Prevention Law, and any other proprietary or personal rights (hereinafter referred to as “Intellectual Property Rights, etc.”) related to the Service, including the program, the service provision page, and the software, belong to the Company.

Eligibility for Use

When a person under 18 years of age applies to use the Service, he/she shall obtain the prior consent of a person with parental authority.

Contract Period

Plan Change

The Subscriber who falls under any of the following items may apply to the Company for a plan change as described in each item.

Keyword Addition

Subscribers to the Business Plan and Enterprise Plan may apply for keyword addition service (hereinafter referred to as “Option”).

To cancel the Option, the number of registered keywords after cancellation must be the number of registered keywords before cancellation.

After the Subscriber has applied to use, change, or cancel the Option, the Company will send the Subscriber an application completion notification in the manner prescribed by the Company.
The application is completed when the application completion notification reaches the Subscriber.

The contract period of the Option shall be until the expiration date of the contract period of the Business Plan or Enterprise Plan under contract, and shall be automatically renewed for one month in the case of a monthly subscription or for one year in the case of an annual subscription unless the Subscriber requests the termination of the Option subscription, and the same shall apply thereafter.

Authentication, Password Management, etc.

In order to use the Service, the Customer is required to register an email address and password.

The Customer shall strictly manage the registered email address and password, and shall not allow any third party to know them.
If the Customer perceives that a third party has obtained the password, the Customer shall immediately change the password.

When the Customer logs in and uses the Service by entering the email address and password registered by the Customer, the Company shall deem that the Customer who registered the email address and password in question is the one using the Service.

Service Fees

In using the Service, the Subscriber shall pay service fees in accordance with the following items.

Changes in Registered Information

The Customer shall promptly notify the Company of any change in the information provided to the Company at the time of application for the Service through the online method prescribed by the Company.

Communication

The Company shall communicate with the Customer by email, posting on the Site, or other means of communication that the Company deems appropriate.
In the event that such communication is made by sending email or posting on the Site, the information shall be deemed to have reached the Customer at the time it is delivered on the Internet.

Communications from the Customer to the Company shall be made by sending an email using the email form on the Site.
The Company shall not respond to inquiries by means other than the above.

Handling of Personal Information

The Company shall handle the personal information of the Customer appropriately in accordance with the Privacy Policy.

Changes to the Service

The Company may, without prior notice to the Customer, change the contents of the Service, including the terms and conditions of each plan of the Service, prices, and partial revision or abolition of the Service, and the Customer agrees to such changes.

Suspension of Service

The Company may temporarily suspend the provision of the Service without prior notice to the Customer in the event of any of the following events.
The Customer is requested to use the Service with the understanding that this may occur.

• In the event of periodic or emergency maintenance of the system of the Service.
• In the event that provision of the Service becomes impossible due to fire, power outage, accident, etc.
• In the event that the Service cannot be provided due to natural disasters such as earthquakes, eruptions, floods, and tsunamis
• In the event that provision of this Service becomes impossible due to war, upheaval, riot, disturbance, labor disputes, etc.
• Unexpected technical problems
• In any other cases where the Company deems it necessary to temporarily suspend the Service for operational or technical reasons

Suspension of Service due to Customer Reasons

In the event of any of the following reasons, the Company may suspend the provision of the Service until the resumption of the Service as specified in each item occurs.

Termination of the Service

In the event of unavoidable circumstances, the Company may terminate the Agreement for the Service or discontinue the provision of the Service.
In the event of termination of the Service, the Company shall notify the Customer in advance by means of notifying on the website or other appropriate means.
However, this shall not apply in case of emergency or other unavoidable circumstances.

Cancellation by the Subscriber

The Subscriber may cancel the Service Agreement by submitting a cancellation request through the online cancellation page designated by the Company by the expiration date of the relevant subscription period.
The date of cancellation shall be the date when the cancellation request reaches the Company, and when the cancellation is completed, a notice to that effect shall be displayed on the online cancellation completion page.
Regardless of whether the contract is canceled in the middle of the contract period or the number of days used, all fees for the contract period stipulated by the Company must be paid in full, and the Company will not refund any fees already paid to the Subscriber.

Refund/Cancellation

The Subscriber may not withdraw (cancel) the application after the conclusion of the contract, except in the case of Article 18 (Cancellation by Subscriber).

Notwithstanding the provisions of the preceding paragraph, if the Company provides the Customer with services that differ from the Subscriber’s application, the Subscriber may withdraw or cancel the application by contacting the Company via email or other means provided by the Company.

If the cancellation is made in accordance with the preceding paragraph, the Company will refund the amount by canceling the credit card transaction.

Prohibition of Assignment

The Company may assign its claims against you to a third party, and the Customer consents to the provision of the Customer’s personal information, etc. to such third party for this purpose.

The Customer may not assign, transfer, pledge as security, or otherwise dispose of its position under the Agreement or rights and obligations under the Service to a third party without the prior written consent of the Company. However, this shall not apply if specifically stipulated as part of the Service by the Company.

Prohibited Matters

In using the Service, the Customer shall not, whether intentionally or negligently, by himself/herself or through the use of a third party, engage in any of the following acts.

• Any act that infringes or may infringe upon the copyrights, trademarks, or other intellectual property rights, property, privacy, or portrait rights of the Company or any third party, without obtaining the consent of the Company or such third party.
• Any act that causes or may cause disadvantage or damage to the Company or any third party.
• Any act that infringes on the human rights of a third party or offends or may offend public order and morals.
• Any act that is or may be criminal or that leads to criminal acts, such as using the Service as a means to commit crimes, including fraud and threats, or to instigate or incite crimes.
• Any act that interferes with or may interfere with the operation of the Company or the Service, such as using the Service in a manner that imposes an extreme load on the Company’s servers.
• Any act that damages or may damage the credibility of the Company or the Service.
• Any act of making false declarations or notifications to the Company.
• Any act that uses or provides, or may use or provide, harmful programs such as computer viruses through or in relation to the Service.
• Any act that violates laws and regulations.
• Any act of having a third party other than the Customer enter an email address and password registered as the Customer’s own to use the Service.
• Any act of lending or transferring the position under the Service Agreement to a third party without the Company’s prior written consent.
• Any act of reverse engineering, decompiling, disassembling, or otherwise analyzing the Service, in whole or in part.
• Any act of interacting or being involved in any way with antisocial forces, etc.( This means organized crime groups, members of organized crime groups, right-wing groups, antisocial forces, or other similar persons. The same shall apply hereinafter), such as cooperating or being involved in the maintenance, operation, or management of antisocial forces, etc.
• Any act of using the Service with a device that has been modified in violation of the terms of use, guidelines, or other regulations stipulated by the hardware or software manufacturer, such as disabling the management of the hardware or software.
• Any act that directly or indirectly causes or facilitates any of the aforementioned acts.
• Any other acts that the Company deems inappropriate.

Cancellation by the Company

In the event that the Customer violates any of the items of the preceding Article or any other provisions of the Agreement, the Company may immediately terminate the relevant Service Agreement without prior notice to the Customer, regardless of whether or not the violation is attributable to the Customer.

In the event of cancellation of the relevant Service Agreement in accordance with the preceding paragraph, the service fee already paid shall not be refunded.

Agreement on Viewing, Use, Disclosure, and Deletion of Data

The Company shall endeavor to manage safely and securely the information entered by the Customer at the time of registration and the information transmitted by the Customer such as registration URL, registration keywords, memos, etc. (hereinafter referred to as “Submitted Information”).

The Customer shall continue to retain copyrights pertaining to the Submitted Information even after submission.
The Company reserves the right to reproduce, adapt, automatically make publicly available, make transmittable and otherwise use the Submitted Information to the extent necessary for the provision of the Service to the Customer.

Notwithstanding Paragraph 1, the Customer shall back up the Submitted Information at its own risk in light of the fact that the Service is a service via the Internet communications network, which inherently involves the risk of loss, alteration, destruction, etc., of information.
The Company shall not be liable for any damage incurred by the Customer due to failure to back up such information, including but not limited to restoration of the Submitted Information.

The Company does not respond to the disclosure of the Submitted Information or the restoration of deleted data, nor does it assume any responsibility for the disclosure or restoration of Submitted Information.
The Company may view or use the Submitted Information or disclose it to a third party in any of the following cases.

• When there is a warrant from an investigative agency, when there is a request for disclosure from a court of law, or when there is a request for disclosure from a government agency
• When the Company is obligated to disclose the information in accordance with the law
• When the Company determines that the Customer is engaged in an act that falls under the prohibitions set forth in Article 21
• When it is necessary to protect the life, body, or other important rights of the Customer or a third party
• When urgently necessary for maintenance of the Service

In any of the following cases, the Company may delete all or part of the Submitted Information.
The Company shall not be liable for any deleted transmitted information, including the restoration of said information.

• When the Company has obtained the consent of the Subscriber
• When the Company determines that the Customer is engaged in prohibited acts that fall under any of the items of Article 21.
• When said Service Agreement is terminated due to cancellation by the subscriber as stipulated in Article 18.
• When the relevant Service Agreement is terminated due to cancellation by the Company as stipulated in Article 22
• When the Service is terminated in accordance with Article 17
• When the Customer has not logged in to the Service for one year or more.
• When there is a need similar to each of the above items.

The provisions of Paragraphs 4 and 5 shall not obligate the Company to take the measures specified in these paragraphs in certain cases.
Whether or not to implement each of the above measures shall be at the discretion of the Company.

All the Submitted Information sent to the Service during the contract period by those who terminate the Service, including but not limited to customers whose Service Agreement is terminated due to cancellation by the Subscriber as stipulated in Article 18 or by the Company as stipulated in Article 22, and Business Plan users who terminate their permission to use the Service under Article 1, Item 10 of the Personal Plan or Business Plan, Enterprise Plan (hereinafter, such customers and business plan users, etc. are collectively referred to as “Terminated Users”), will be deleted.

Agreement on How to Provide the Service

The Company shall provide the Service on an "as is" and "as available" basis.
The Company shall make no warranty of any kind with respect to the following items.
Furthermore, even if the Customer has obtained information regarding the Service directly or indirectly from the Company, the Company shall not provide any warranty to the Customer beyond what is stipulated in the Agreement.

• That no malfunction or failure will occur in the user environment as a result of the use of the Service.
• The accuracy, completeness, permanence, fitness for purpose, or usefulness of the Service.
• Conformity to laws and regulations applicable to the Customer, internal rules of industry associations, etc.

The Company will provide the Service under SSL encryption. Customers shall understand this level of security.

The Company shall not be responsible for monitoring any and all functions the Customer performs using the Service.

Disclaimer

If the Customer’s user ID and password are used by a third party, the Company shall not be liable for any loss or damage incurred by Customer, regardless of whether such loss or damage was caused by Customer’s intentional or negligent act or omission.

In the event of unauthorized use of a credit card by a third party, the matter shall be handled and resolved between the Customer, the third party and the credit card company, and the Company shall not be liable for any loss or damage incurred by the Customer, regardless of whether or not the loss or damage was intentional or negligent on the part of the Customer.

In the event of a dispute between the Customer and a credit card company, collection agency, or other financial institution, the dispute shall be resolved by both parties concerned, and the Company shall not be liable for any loss or damage incurred.

The Company shall not be liable for any damages incurred in connection with the use of the Service, including, but not limited to, damages for inability to use the Service, damages for interruption of work, damages for loss of data, and damages for failure to obtain benefits that could have been obtained by using the Service during the period of Service interruption pursuant to Article 15. The Customer agrees that the Company shall not be liable for any damages incurred in the use of the Service, including but not limited to direct or indirect damages, actual or consequential damages, and the Customer agrees to indemnify the Company for such damages.

During the period of service suspension pursuant to the provisions of Article 16, the Company shall not be liable for any damages incurred in the use of the Service, including, but not limited to, damages for inability to use the Service, damages for interruption of work, damages for loss of data, and damages for failure to obtain benefits that could have been obtained through the use of the Service. The Customer agrees that the Company shall not be liable for any damages incurred in connection with the use of the Service, including but not limited to direct or indirect damages, actual or actual damages, and the Customer agrees to indemnify and hold the Company harmless from such damages.

In the event the Service is terminated in accordance with the provisions of Article 17, the Company shall not be liable for any damages incurred in the use of the Service, including but not limited to damages related to the inability to use the Service, damages related to interruption of work, damages related to loss of data, and damages for failure to obtain profits that could have been obtained through the use of the Service. The Customer agrees that the Company shall not be liable for any damages incurred in the use of the Service, regardless of whether such damages are direct or indirect, actual or consequential, and the Customer agrees to indemnify the Company for such damages.

Limitation of Liability

The Company's disclaimers in the Agreement 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 (e.g., in the case of the preceding paragraph or by application of the Consumer Contract Act or other laws), the scope of damages to be compensated shall be limited to direct and ordinary damages actually incurred by the Customer, and the Company shall not be liable for any other special damages, including lost profits.
The amount of compensation shall be limited to the service fee paid by the Subscriber of the Agreement to the Company by the time such damage occurred.

Dispute Resolution and Compensation for Damages

If the Subscriber or a Personal Plan, Business Plan, or Enterprise Plan user, etc., or a person who uses the Service based on the authority granted to the Subscriber by the Company, causes damage to the Company or a third party through use of the Service, and a dispute arises (due to the Customer’s failure to perform its obligations under the Agreement), the Subscriber shall be liable to the Company or the third party (including cases in which the Company or a third party suffers damages as a result of the customer’s failure to fulfill its obligations under the Agreement), the Customer shall handle said dispute at its own responsibility and expense, and shall compensate the Company or third party for said damages.

Confidentiality

The Customer shall not use any information disclosed by the Company to the Customer in connection with the Service, specifying that such information shall be treated as confidential, for any purpose other than disclosure, and shall not disclose such information to any third party, except with the prior written consent of the Company.

everability

If any part of the provisions of the Agreement is declared illegal, invalid, or unenforceable by law or court, the other provisions of the Agreement shall remain in full force and effect.

Exclusive Jurisdiction

The Osaka District Court shall have exclusive jurisdiction in the first instance over any disputes related to the Agreement.

Governing Law

The formation, validity, performance, and interpretation of the Agreement shall be governed by the laws of Japan.

Consultation

If any problem arises between you and the Company with respect to the Service, the Customer and the Company shall consult with each other in good faith and endeavor to resolve the problem.

End of the above

Enacted on September 30, 2022