This Terms of Use is an English translation, and the separately created Japanese version shall be the authentic version.
Terms of Use for Sustainable Business Platform (Beta Version)
The specified nonprofit corporation ARUN Seed (hereinafter referred to as "our organization") establishes the following Terms of Use for the beta version (hereinafter referred to as the "Terms") of the web service "Sustainable Business Platform" (hereinafter referred to as the "Service") operated by the ARUN Secretariat (hereinafter referred to as the "Secretariat"). These Terms shall apply to all users participating in the pilot operation through the beta version and to all parties accessing or using the Service (hereinafter collectively referred to as "Users").
Article 1 (Purpose)
These Terms are intended to define the rights and obligations when using the Service, by Users who align with the vision of our organization, which is "to create a society where individuals anywhere on Earth can manifest their talents", and who understand that the implementation of the Service is in its pilot stage.
Article 2 (Applicability, etc.)
1. These Terms are intended to define the rights and obligations between our organization and Users regarding the provision of the Service and the use of the Service, and shall apply to all relationships concerning the use of the Service between Users and our organization.
2. In the event of any inconsistency between the content of these Terms and explanations of the Service outside these Terms, the provisions of these Terms shall take precedence.
3. The Service includes the following features: In these services, our organization sets up software and other related technologies on internet servers under its control, allowing Users to access them over the internet, enabling the use of these software and other related technologies, and the storage of User data associated with them.
(1) Social Entrepreneur Database (Primarily a feature enabling Users to create and publicly share web pages related to their companies or their businesses as representatives or members.)
(2) Sustainable Business Forum (Primarily a feature allowing Users to post information about social enterprises (enterprises aiming to solve social issues) and social investments (investment methods generating both social returns by addressing social challenges and economic returns) and share this information with other Users.)
(3) Event Bulletin Board (Primarily a feature allowing Users to create web pages for promoting events or projects they organize and share them with other Users.)
Article 3 (Definitions)
In these Terms, the following terms shall have the meanings respectively ascribed to them below:
- "Posted Data" refers to content (including but not limited to location information, images, videos, text, and other data) that Users post or transmit using the Service.
- "Service" refers to the service named "Sustainable Business Platform" provided by our organization (including cases where the name or content of the service is changed for any reason; the changed service is also covered). For specific payment methods, the Secretariat will determine usage fees separately using methods designated by the Secretariat.
- "User" refers to anyone who accesses and uses the Service, including all types of usage of the various posted data registered by Users (including duplication, deletion, and modification).
- "Website" refers to the website operated by our organization with the domain "platform.arunseed.jp" (including cases where the domain or content of our organization's website is changed for any reason; the changed website is also covered).
- "Intellectual Property Rights" refer to copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including rights to acquire these rights, apply for registration of these rights, and similar rights).
Article 4 (Registration, etc.)
1. Businesses wishing to register (hereinafter referred to as "Applicants for Registration") can apply for registration of use of the Service by agreeing to these Terms and the Service's Privacy Policy, and providing certain information (hereinafter referred to as "Registration Information") specified by our organization through the method set by our organization.
2. Based on its criteria, our organization will determine the eligibility of Applicants for Registration (hereinafter referred to as "Applicants") who have applied for registration under the first clause and, if approved, will notify the Applicant of their administrator user ID and password. The registration of the Applicant as a User shall be considered complete upon notification by our organization as stipulated in this clause.
3. If our organization determines at its discretion that an Applicant falls under any of the following items, our organization may refuse registration or re-registration, and shall have no obligation to disclose the reasons:
(1) In case there are false statements, errors, or omissions in all or part of the Registration Information provided to our organization.
(2) In case it is revealed that the registration is from a business other than those intended as primary users of the Service by our organization.
(3) In case the Applicant is associated with organized crime groups or similar entities (gangs, members of gangs, individuals who were part of gangs within the past five years, quasi-members of gangs, companies affiliated with gangs, extortionists, social movement conmen or other special intelligence violent groups, or equivalent entities).
(4) In case the Applicant has previously received measures as specified in Article 9.
(5) In case our organization deems the registration inappropriate for any other reason.
4. If a User applies for registration for the use of the Service as a representative or agent of a corporation or another business entity, in these Terms, and in this Article, "User," "Applicant for Registration," and "Applicant" shall refer to the respective business entity. The User represents and warrants that they have the authority to bind the business entity to the Service Usage Agreement as a representative or agent, and that the User consents on behalf of the business entity to these Terms and the Privacy Policy.
5. Our organization will provide Users with access to the Service by allowing them to log in using the ID and password specified in the second clause.
Article 5 (Changes to Registration Information)
1. If there are changes to the Registration Information, the User shall promptly notify our organization of such changes through the method specified by our organization.
2. Even if the User suffers disadvantages due to the failure to provide notification as described in the preceding clause, our organization shall not be liable in any way.
Article 6 (Management of User ID and Password)
1. The User shall be responsible for appropriately managing and safeguarding their User ID and password for the Service and shall not allow a third party to use them, lend, transfer, change ownership, sell, or engage in any other similar activities.
2. The User shall bear the responsibility for any damages arising from inadequate management of their User ID or password, mistakes in usage, or the use by third parties, and our organization shall not be held liable.
Article 7 (Notifications)
1. Notifications from our organization to the User regarding the Service shall be made through appropriate methods determined by our organization, such as sending emails or posting on the Website, unless otherwise specified in these Terms.
2. When notifications are made by our organization to the User based on the provisions of the preceding clause, the notifications shall become effective from the time of sending the email or posting on the Website, whichever occurs first.
Article 8 (Changes to These Terms)
Our organization reserves the right to revise these Terms at its discretion and may establish supplementary terms (hereinafter referred to as "Supplementary Terms"). Changes or supplements to these Terms shall become effective from the time they are posted on our organization's designated site or on the date and time specified by our organization. In such cases, Users shall adhere to the revised or supplementary terms.
Article 9 (User Responsibilities)
In using the Service, the User shall assume the following responsibilities:
1. The User acknowledges that using the Service will involve payment of usage fees to our organization, and the system, methods of payment, etc., for such fees shall be as separately specified by our organization. In the beta version, our organization may, at its discretion, exempt the User from paying usage fees.
2. The User agrees that our organization may change the content of the Service, usage fees, and payment methods due to operational considerations.
3. The Service includes online service content via the internet. The User shall be responsible for preparing necessary computer equipment, communication equipment, software, communication methods, and power at their own expense to use the Service. Communication charges for the telecommunication lines, etc. (including internet connection charges) shall be borne by the User.
4. If the User's environment, such as the computer used, temporarily or permanently prevents the use of the Service, our organization shall not reduce usage fees or provide refunds.
5. If the User's payment for the usage fees, as stated in item 1, is delayed, they shall pay our organization a late payment fee equivalent to the statutory interest rate from the day following the payment deadline. Furthermore, if the User is required to pay money to our organization due to causing any damage to our organization, they shall pay our organization a late payment fee equivalent to the statutory interest rate from the day the damage occurred.
6. The User shall take responsibility for the accuracy of Posted Data and promptly update it when changes occur. Our organization shall not be liable for any damages caused to the User due to the inaccuracy or falsehood of Posted Data.
7. If the User discovers any acts or circumstances in Posted Data that constitute identity theft or threaten the secure and appropriate use of the Service, they shall promptly notify our organization.
8. If supervisory authorities or other entities request disclosure of the User's usage information related to the Service, the User shall promptly comply with such requests.
Article 10 (Usage Period)
1. The shortest usage period for the Service shall be from the day our organization starts providing the Service to the end of the pilot period for the beta version.
2. If the User terminates their use of the Service within the shortest usage period specified in the preceding clause, they shall, in addition to following Article 10 (Termination by Member), pay our organization the amount equivalent to the usage fees from the termination date to the end of the shortest usage period and the equivalent consumption tax amount by the deadline set by our organization.
3. The usage period for the Service shall be determined by our organization upon approval of the User's application. However, unless the User or our organization expresses a different intent by the end of the pilot period, it shall automatically renew for the same service usage period starting from the day following the expiration date and shall continue to renew for subsequent usage periods in the same manner.
Article 11 (Termination by User)
1. The User may apply for termination of use of the Service through the method specified by our organization, and the termination shall take effect on the last day of the month in which our organization accepts the application.
2. If, at the time of notification specified in the preceding clause, the User has unpaid usage fees or late payment charges, the User shall promptly settle such charges.
3. If the User does not agree to changes in the Terms and fees, they may terminate the Service regardless of the minimum usage period specified.
Article 12 (Prohibited Activities)
Users must not engage in any of the following acts or acts that our organization deems as falling within any of the following items when using the Service:
1. Acts that violate laws or are related to criminal activities.
2. Fraudulent or threatening acts towards our organization, other users, or third parties.
3. Acts contrary to public order and morals.
4. Acts that infringe upon the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of our organization, other users, or third parties.
5. Transmitting information via the Service to our organization or other users that falls under the following or that our organization deems as falling under the following:
- Information containing excessively violent or brutal expressions.
- Information containing harmful computer viruses or other malicious computer programs.
- Information containing expressions that damage the reputation or credibility of our organization, other users, or third parties.
- Information containing excessively obscene expressions.
- Information containing expressions that promote discrimination.
- Information containing expressions that promote suicide or self-harm.
- Information containing expressions that promote inappropriate drug use.
- Information containing antisocial expressions.
- Information soliciting the spread of information to third parties, such as chain emails.
- Information containing expressions that cause discomfort to others.
- Information aimed at meeting unfamiliar members of the opposite sex.
6. Acts that excessively burden the network or systems of the Service.
7. Acts that may obstruct the operation of the Service.
8. Unauthorized access or attempts of unauthorized access to our organization's network or systems.
9. Acts of impersonating third parties.
10. Using other users' user IDs or passwords.
11. Acts that cause disadvantages, damages, or discomfort to our organization, other users of the Service, or other third parties.
12. Providing benefits to antisocial forces, etc.
13. Acts that directly or indirectly lead to or facilitate the acts in the preceding items.
14. Other acts deemed inappropriate by our organization.
Article 13 (Suspension of the Service, etc.)
1. Our organization may suspend or interrupt the provision of all or part of the Service to users without prior notice in the following cases:
(1) Emergency inspections or maintenance of computer systems related to the Service.
(2) Stoppage of computers, communication lines, etc. due to accidents.
(3) Inability to operate the Service due to force majeure events such as earthquakes, lightning, fires, floods, power outages, natural disasters, epidemics, etc.
(4) Repeated occurrences of events falling under Article 7, clause 2, with specific users.
(5) Other cases where our organization deems suspension or interruption necessary.
2. Our organization shall not be liable for any damages incurred by users as a result of measures taken by our organization based on this Article.
Article 14 (Ownership of Rights)
1. All intellectual property rights related to our organization's website and the Service belong to our organization or those who have been granted licenses by our organization, and the license to use the Service granted under this agreement does not imply a license for the use of intellectual property rights related to our organization's website or the Service by our organization or those who have been granted licenses by our organization.
2. Users represent and warrant to our organization that they have legal rights to post and submit posting data and that the posting data does not infringe upon the rights of third parties.
3. Users grant our organization a global, non-exclusive, royalty-free license to use, duplicate, distribute, create derivative works, display, and perform content (including but not limited to location information, images, videos, text, and other data) posted or submitted through the Service.
4. Users agree not to exercise moral rights against our organization or those who have inherited rights from our organization or have been granted licenses by our organization.
Article 15 (Deletion of Registration, etc.)
1. In the event that any of the following reasons apply, our organization may, without prior notice or warning, delete posting data, temporarily suspend the use of the Service for the user who posted such data, or cancel the user's registration:
(1) Violation of any provision of this Agreement.
(2) Discovery of false or inaccurate facts in the posting data.
(3) Determination that any of the items in Article 3, clause 4 apply.
(4) Payment suspension or insolvency.
(5) Dishonor of promissory notes or checks.
(6) Attachment, provisional attachment, or petition for auction, or imposition of dispossession for non-payment of public dues.
(7) Petition for bankruptcy, commencement of corporate reorganization or civil rehabilitation proceedings, or occurrence of significant concerns about credit status.
(8) Imposition of dispositions such as revocation or suspension of business permits by supervisory authorities.
(9) Adoption of resolutions for dissolution, reduction of capital, transfer of all or a significant part of business, or other cases where our organization deems the continued use of the Service or registration as inappropriate.
2. Even if a user is subject to suspension measures or cancellation based on the preceding clause, our organization shall not reduce or refund usage fees. Additionally, our organization is not prevented from separately claiming damages from the user.
3. Our organization shall not be liable for any damages incurred by the user as a result of actions taken by our organization based on this Article.
4. Users may cancel their registration as a user by notifying our organization using the method specified by our organization.
Article 16 (Changes and Termination of the Service)
1. Our organization may, at its discretion, change the content of the Service or terminate its provision. In the event that our organization terminates the provision of the Service, our organization shall provide prior notice to users.
2. Our organization shall not be liable for any damages incurred by the user as a result of measures taken by our organization based on this Article.
3. Upon termination of the use of the Service, users must promptly return to our organization or dispose of equipment, software, and all related materials (including but not limited to copies of such software and materials, whether in whole or in part) provided by our organization for the use of the Service. Regarding software and materials stored on the user's facilities, the user is responsible for erasing them.
Article 17 (Disclaimer of Warranty and Limitation of Liability)
1. Our organization does not provide any warranties regarding the suitability of the Service for the user's specific purposes, the expected functionality, commercial value, accuracy, usefulness of the Service, compliance of the user's use of the Service with applicable laws or internal rules of industry associations, or the absence of defects.
2. Our organization shall not be liable for any damages incurred by users due to interruptions, suspensions, terminations, unavailability, or changes in the provision of the Service by our organization, the deletion or loss of messages or information sent by users through the Service, cancellation of user registration, loss or malfunction of registered data due to the use of the Service, or any other damage suffered by users related to the Service.
3. Our organization shall not be responsible for any transactions, communications, disputes, etc. that occur between users and other users or third parties in connection with the Service or the organization's website.
Article 18 (Confidentiality)
1. In this Agreement, "Confidential Information" means the following information. The term "Confidential Information, etc." collectively refers to materials (including but not limited to electronic mail and tangible fixed forms of received confidential information via network communication, etc.) received from the other party for disclosure, and the confidential information.
(1) Information specific to the disclosing party's business, technology, or sales, which was disclosed in writing indicating its confidential nature (including electronic forms).
(2) Information specific to the disclosing party's business, technology, or sales, which was disclosed orally or through demonstrations, etc., indicating its confidential nature and presented in writing (including electronic forms) by the disclosing party within 10 days of disclosure.
2. The following information shall not be considered Confidential Information under the preceding clause:
(1) Information that was already publicly known at the time of disclosure or became publicly known without breach of the recipient's obligation, or
(2) Information that the recipient already knew at the time of disclosure, or
(3) Information that the recipient rightfully obtained from a third party without an obligation of confidentiality, or
(4) Information that the recipient independently developed without using the disclosed confidential information, or
(5) Information that the user has voluntarily disclosed in the "Social Entrepreneur Database," "Sustainable Business Forum," or "Event Bulletin Board."
3. During the period of use or provision of the Service and after the termination thereof, both the user and our organization shall keep confidential the disclosed Confidential Information, etc. and shall not disclose or leak such Confidential Information, etc. to anyone other than their own officers and employees (hereinafter referred to as "Officers, etc.") who need to know such information for the operation or use of the Service (hereinafter referred to as the "Purpose") without the prior written consent of the disclosing party.
4. Both the user and our organization shall store and manage Confidential Information, etc. with the care of a prudent manager, shall not transfer or provide it to third parties, and shall not allow access to it by anyone other than Officers, etc.
5. Both the user and our organization shall use Confidential Information, etc. only for the Purpose and shall not use it for any other purpose.
6. Notwithstanding the provisions of clause 3, both the user and our organization may disclose or provide the other party's Confidential Information, etc. to a third party in the following cases:
(1) When compelled to disclose by law. In this case, the recipient shall make efforts to notify the disclosing party in advance and shall request the third party to hold the information in confidence within the scope of that law.
(2) When providing it to a person who has a legal duty of confidentiality, such as a lawyer or a certified public accountant, within the scope required for that person's business.
7. Both the user and our organization may duplicate Confidential Information, etc. to the extent necessary for the Purpose. The provisions
Article 19 (Handling of User's Personal Information)
1. The handling of user's personal information by our organization shall be in accordance with our organization's Privacy Policy (https://www.arunseed.jp/privatepolicy.html), and users agree to the handling of their personal information by our organization in accordance with this Privacy Policy.
2. Our organization will not handle personal information stored on internet servers under our management through the use of this service by users.
3. For user's personal information used within the EU region, our organization's Personal Data Protection Policy, in addition to the following complementary provisions, shall apply.
(1) Additional Information Regarding Collection of Personal Information
Our organization collects the following information: ① Information provided by users during user registration (name, address, date of birth, email address, phone number, gender, and account information for services provided by designated third parties that users select) and ② Information related to electronic communication devices used by users during the use of this service (device identifiers, IP addresses, location information, cookies, usage logs, etc.). Regarding ②, Google Analytics is used.
(2) Additional Information Regarding Purposes and Legal Basis for the Use of Personal Information
① Our organization handles personal information for the following purposes to fulfill contracts related to the provision of this service to users:
a. Providing information about our organization and this service.
b. If users have registered, authentication of users and push notification services to desired users.
c. Other actions related to a. and b.
② Our organization handles personal information for the following purposes based on its legitimate interests:
a. Security measures for our organization's systems, resolution of issues, maintenance, improvement, etc.
b. Creating statistical data, conducting various marketing surveys, etc.
③ Our organization handles personal information for the following purposes based on user consent:
a. Analysis of user-related personal information using Google Analytics, and using the results to measure, analyze, and improve site usage conditions.
(3) Information Regarding Recipients of Personal Data
In connection with the use of Google Analytics, our organization transfers information specified in (2)②to Google LLC. For details about Google Analytics and opt-out procedures, please refer to the "Google Analytics Terms of Service" and "How Google uses information from sites or apps that use our services."
(4) Information Regarding Transfer to Third Countries
Regarding the handling of information specified in (2)②, in connection with the use of Google Analytics, personal information may be transferred to locations (which may include countries without an adequacy decision by the European Commission) used by Google LLC for service provision. Users explicitly consent to this.
(5) Information Regarding Retention Period
Our organization retains personal information until a deletion request is received from the user.
(6) Information Regarding Data Subject Rights
Users can exercise the following rights concerning their personal data in accordance with Chapter 3 of the GDPR: (1) right of access, (2) right of rectification, (3) right to erasure, (4) right to restriction of processing, (5) right to object to processing, and (6) right to data portability. For conditions and procedures related to exercising these rights, please contact the inquiry contact.
(7) Information Regarding the Right to Object to Processing
Users can object to the handling specified in (2)②. For conditions and procedures related to exercising this right, please contact the inquiry contact.
(8) Information Regarding Withdrawal of Consent
Users can withdraw consent for handling specified in (2)③ and (5). For procedures related to withdrawal, please contact the inquiry contact.
(9) Information Regarding Mandatory Information
For users to receive services for users provided through user registration, the handling of names and email addresses is necessary.
(10) Information Regarding the Right to Object to Supervisory Authorities
Users have the right to object to supervisory authorities in EU member states.
(11) Information Regarding Changes in Purpose of Use
In addition to what is explicitly stated in this agreement, our organization may use user's personal information for advertising purposes in the future.
Article 20 (Exclusion of Anti-Social Forces)
If our organization reasonably determines that a user falls under any of the following criteria, our organization may immediately terminate all or part of the contract related to the use of this service without any notice or demand, and the user shall be liable for damages if such termination causes damages:
(1) In cases where the user falls under any of the following anti-social forces:
① Organized crime groups
② Members of organized crime groups
③ Companies affiliated with organized crime groups
④ Extortionists, persons engaged in social movement extortion, political activist extortion, etc.
⑤ Others similar to ① to ④
(2) In cases where the user has an intentional relationship with anti-social forces or entities closely related to anti-social forces (hereinafter referred to as "Anti-Social Forces and Related Parties") and falls under any of the following categories:
① Relationship where the user's management is controlled by Anti-Social Forces and Related Parties
② Relationship where Anti-Social Forces and Related Parties are substantially involved in the user's management
③ Relationship where the user provides funds or other convenience to Anti-Social Forces and Related Parties
④ Other relationships that are socially condemnable with Anti-Social Forces and Related Parties
(3) In cases where the user or a third party, through oneself or another party, engages in any of the following acts:
① Violent demand
② Unjust demand exceeding legal liability
③ Acts using threats or violence in transactions
④ Acts that spread false rumors, use deceit or intimidation to damage the credibility of the other party, obstruct business, etc.
⑤ Other acts similar to ① to ④
Article 21 (Transfer of Business Related to the Service)
In the event that our organization transfers the business related to this service to another company, the user's rights and obligations under this agreement, as well as the user's registration details and other customer information based on this agreement, may be transferred to the transferee of such business transfer. Users hereby agree to such transfer in this clause in advance. Furthermore, this clause includes not only ordinary business transfers but also all cases where the business is transferred, including company splits and any other cases where the business is transferred.
Article 22 (Severability)
Even if any provision or part of this agreement is deemed invalid or unenforceable under laws or regulations, the remaining provisions of this agreement and the remaining parts of provisions deemed invalid or unenforceable shall continue to be fully effective.
Article 23 (Applicable Law and Jurisdiction)
1. The governing law of this agreement shall be Japanese law.
2. All disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance and mediation.
This agreement shall come into effect on March 21, 2023.
End