Getits Terms of Service
Agentec Co., Ltd.
Effective, April 1, 2014
Updated, July 29, 2014

Chapter 1. General 

Article 1. Scope of Application
1.	These Terms of Service stipulate conditions for the use of services “Getits” (hereinafter, the “Services”) provided by the Company; details and conditions for providing the Services shall be listed in the “service instruction manual” (hereinafter, “Service Manual”) separately specified by the Company.
2.	Unless otherwise specified in the Service Manual or individual provisions, these Terms of Service shall apply to all Users who access the Services.
3.	The Company may separately stipulate individual provisions for individual Content Delivery services, in which case such individual provisions shall constitute part of the Terms of Service, which will prevail over the latter when there is any discrepancy between the two.

Article 2. Change of Terms of Service
1.	The Company may change the Terms of Service.
2.	The Company will give notice to Users through means separately determined by the Company of the changed Terms of Service or post the information on a website accessible to the Users.

Article 3. Definitions
The following terms used herein shall have the meanings assigned as listed below:
(1)	“Company”: Agentec Co., Ltd.;
(2)	“Users”: Those who have downloaded apps from app stores including the App Store and Google Play, to access the Services;
(3)	“Services”: Services provided by the Company, to which these Terms of Service apply;
(4)	“Apps”: Applications Getits designed for Users to access the Services, which operate on smartphone devices, including devices compatible with iOS or Android OS;
(5)	“Individual Provisions”: Special provisions set forth herein for certain services among the Services;
(6)	“Service Manual”: Documents or electronic data containing specific details of the Services, including hardware requirements and service fees;
(7)	“Content”: Electronic data including screen images, graphics, video clips and character strings;
(8)	“Delivery”: Delivery of the Content to User equipment from the Company servers via wired or wireless networks;
(9)	“Company Equipment”: All equipment or software that the Company owns or leases or is licensed to use to provide the Services, or all equipment or software that other telecommunications carriers own or lease or are licensed to use to provide telecommunications services required for the Services;
(10)	“Servers”: Equipment, such as electronic data processing systems and electronic information storage systems, included in the Company Equipment to be used for storage and delivery of content;
(11)	“Server Data”: Electronic data related to the Content stored on the Servers;
(12)	“Service Start Date”: A specific date on which the Services become available to a User;
(13)	“Managers”: Those who store the provided Content on the Servers and use the features listed in the Service Manual as available to them; 
(14)	“Telecommunications Equipment”: Equipment, instruments, lines and other electrical equipment for telecommunications;
(15)	“Telecommunications Services”: Services to help others to transfer information via telecommunications equipment or provide telecommunications equipment for others to transfer information;
(16)	“Incidental Services”: Services specified in the Service Manual as incidental to the Services, additional option services or features incidental to the Services, which are detailed in the Service Manual, and handled according to the Services herein.

Chapter 2. Provisions for Accessing Services

Article 4. Starting to Access Services
The Service Start Date is the date on which a User has downloaded Apps from app stores, including the App Store and Google Play, to start using the Apps.

Article 5. License to Access Services
1.	The Company will grant Users a license to access the Services subject to compliance herewith.
2.	Users shall, at their own expense, responsibly provide, install, set up, and manage a necessary environment, including all smartphone devices, communication equipment and Internet access (hereinafter, “User Environment”).

Article 6. Personal Responsibility 
1.	All Users shall, at their own discretion, responsibly access the Services and will not hold the Company liable for any accident due to their erroneous or illegal operation.
2.	Users shall be responsible for any data entered or transmitted by accessing the Services; in addition, Users shall, at their own discretion, responsibly use information acquired by accessing the Services, and the Company will not be responsible for any outcome arising from such use.
3.	Users shall, at their own expense, responsibly settle any damage to or any dispute with any third party arising from accessing the Services for which the Company will have no responsibility.

Article 7. Intellectual Property Rights
All intellectual property rights, including copyrights to the software related to the Services and the Content provided by the Company, belong to the Company, which Users may not access without being subject hereto and to the conditions stipulated in the Service Manual, nor may reproduce, alter, reverse engineer, or reverse compile.

Article 8. Prohibitions
Users shall not conduct the following activities when accessing the Services:
(1)	Assign or lend to any third party or collateralize all or part of the rights and obligations associated with the access to the Services or allow anyone other than Managers or Users to use the Services without the Company’s prior approval in writing;
(2)	Infringe or potentially infringe on copyrights, trademark rights, or other intellectual property rights of the Company or any third party;
(3)	Remove feature access restrictions or editing restrictions on the Services and assign or lend, distribute, or publicize any information, equipment or software related thereto;
(4)	Infringe or potentially infringe properties, privacy, or portrait rights of any third party;
(5)	Discriminate or slander, denigrate, or discredit any third party;
(6)	Engage in, solicit, or instigate any crime, including fraud and obstruction of business;
(7)	Set up or solicit any scheme similar to a Ponzi scheme or pyramid scheme;
(8)	Engage in any activity that may be against the laws or offensive to public order and morals or unreasonably detrimental to any third party;
(9)	Engage in any activity interfering or potentially interfering with the use or operation of the Services;
(10)	Any activity the Company deems inappropriate and so notifies Users.

Chapter 3. Provisions for Handling Information

Article 9. Server Data Management
1.	The Company does not guarantee the completeness or retention of User data and will have no responsibility for any loss or damage to such data or any consequential damage to Users regardless of subsequent recovery efforts.
2.	When it is necessary, under unavoidable business circumstances, or when any User discontinues using the Services, the Company may remove its Server Data without notice to the User, in which case the Company will not be responsible for any damage to the User resulting from such removal.

Article 10. Data Use
The Company collects various logs related to the Services and may also use or provide the Server Data and collected logs in the following manners after rendering such data unidentifiable by encryption as personal information of any corporation, group, organization, or individual:
(1)	To be used by the Company or any third party for development, manufacture, sale, research, analysis, statistics, or marketing of commercial products and services or for technical invention, innovation, creation, research, analysis, or statistic purposes;
(2)	To be used for improvement, addition, research, survey, or analysis of Service performances or features;
(3)	To be used for the Services in cooperation, association, or collaboration with other software or services of the Company or any third party;
(4)	To be used for posting on data including Service media data and sales data produced by the Company;
(5)	To be used for posting on media including social media, websites, or magazine media for advertising and publicity of the Services;
(6)	To be used for business activities conducted hereunder by the Company;
(7)	To be used for other purposes incidental to the above.
 
Article 11. Notification
1.	The Company may notify Users of information or instruction on the Services through any of the following procedures at its own discretion according to such information:
(1)	Transmission by email, fax, or regular mail;
(2)	Display on the Apps through push notifications.
2.	Any such notification as mentioned above shall become effective upon delivery or display through any of the means above; once the Company gives notification properly, it will not be responsible for any damage resulting from the failure or inability of any User to check the message.

Chapter 4. Provisions for Service Operation

Article 12. Support Services
Support services, including response to inquiries about the Services, shall be provided as stipulated in the Service Manual.

Article 13. Company Guarantee
Users acknowledge that the Company provides Services through the Internet and cannot technically secure the completeness, timeliness, and reliability of Content Delivery in the actual Internet environment. The Company does not guarantee such points but lists particularly important points as follows:
(1)	The Services are fit for specific purposes or usages of Users;
(2)	Content Deliveries are always normal;
(3)	Data transferred through Content Deliveries are complete, accurate, or effective;
(4)	Responses to inquiries about or requests for Content Deliveries are on time;
(5)	Details of information provided or transmitted by Users through the Services are legitimate or reasonable.

Article 14. Suspension of Services
1. The Company may suspend all or part of the Services when it is deemed to be under any of the following circumstances:
(1) It is unavoidable due to activities including new installation, relocation, alteration, maintenance, or inspection of Company Equipment;
(2) It is difficult to provide normal services due to an unexpected overload on Company Equipment;
(3) It is unavoidable due to problems other than the above with Company Equipment;
(4) Continuing to provide the Services may cause significant damage to Users due to Company data or software being subjected to tampering or hacking;
(5) It is difficult to provide the Services due to activities including new installation, relocation, alteration, maintenance, or inspection of Company-owned or managed servers or telecommunications equipment other than Company Equipment;
(6) It is difficult for the Company to provide the Services because telecommunications carriers suspend or discontinue telecommunications services required for the Services;
(7) An emergency situation has occurred or may occur due to force majeure including any natural disaster, war, civil war, or enactment, amendment, or elimination of a law;
(8) It is reasonably necessary to suspend the Services for reasons other than the above.
2. The Company seeks to notify Users prior to suspending all or part of the Services under any of the circumstances above; however, Users acknowledge that prior notification may not always be feasible.

Article 15. Limitation on Access
The Company may limit Users’ access to the Services when it is deemed to be under any of the following circumstances:
(1)	It is deemed necessary to limit the access to the Services due to overloads on the Servers or telecommunications equipment including equipment owned or managed by the Company, which interfere or may interfere with the use or operation of the Services;
(2)	Any User accessing the Services has caused an overload on the Servers or telecommunications equipment including equipment owned or managed by the Company.

Article 16. Change of Services
The Company may, without prior notice to Users, make additions or changes to the specifications or details of the Services listed in the Service Manual.

Article 17. Elimination of Services
The Company may, without prior notice to Users, eliminate all or part of the Services.

Article 18. Disclaimer
1.	The Company shall not be liable for any damage incurred by Users arising from the Services.
2.	The Company does not guarantee comfortable access to the Services by Users using all types of devices, operating systems, and web browsers or has any responsibility to test and improve such devices to provide such guarantees.
3.	The Company will not be liable for any damage incurred by Users arising from the Services having problems due to changes made by Users to the OS versions of their devices to which the Apps have been downloaded. 
4.	The Company shall have no responsibility for the Content of the Services.

Article 19. Subcontracting
1.	The Company may responsibly subcontract all or part of the Services to any third party.
2.	In the event of Clause 1, the Company shall require the third party to assume the same obligations as the Company does hereunder.

Chapter 5. General Terms and Conditions

Article 20. Indemnification by Users
Users shall, at their own expense, responsibly indemnify the Company for any damage incurred by the Company due to any breach hereof by Users or cause attributable to the Users in relation to the Services.

Article 21. Agreement Jurisdictional Court
Any dispute in connection herewith or with the Services shall be settled at the Tokyo District Court as the exclusive jurisdictional court of first instance.

Article 22. Governing Law
These Terms of Service and the Services shall be governed according to the laws of Japan.

Supplementary
Effective Date
These Terms of Service shall become effective as of April 1, 2014.
