Last Updated April 1,2016
Welcome to the ChatWork ™ service (the “Service”), which refers to the cloudbased chat service that ChatWork Inc., a Japanese corporation (“ChatWork Inc”) provides over the Internet at www.chatwork.com and all subdomains thereof. These Terms and Conditions of Use govern use of the Service. By using or visiting the Service, the User agrees to be bound by these Terms and Conditions of Use, as well as the other policies posted on the Service.
Note: You may not use the Service if you are under the age of 13.
Article 1. Definitions
The main definitions used in these Terms and Conditions of Use are given below.
- “Free Plan”
- refers to a method for using the Service whereby a single individual uses the Service for free as stipulated on the following web page: ChatWork - Pricing page.
- “Personal Plan”
- refers to a method for using the Service whereby a single individual pays a fee to use the Service as stipulated on the following web page: ChatWork - Pricing page.
- “Business Plan”
- refers to a method for using the Service whereby a business entity pays a fee for use of the Service by individuals associated therewith, as stipulated on the following web page: ChatWork - Pricing page.
- “Old Business Plan”
- refers to a method for using the Service whereby the maximum registrable number of Business Plan User is fixed as stipulated on the Price List of Old Business Plan. Currently, application for Old Business Plan is not acceptable. Unless otherwise designated, Business Plan shall include Old Business Plan.
- “Business Plan User”
- refers to an individual who is not an individual Subscriber, but uses the Service pursuant to a Business Plan to which such individual’s associated business entity is the Subscriber.
- refers collectively to the Free Plan, Personal Plan, Business Plan.
- refers to an individual or business entity that has created an account with ChatWork Inc to use the Service.
- refers to provision of the Service by ChatWork Inc to a Subscriber pursuant to a Plan.
- refers Subscribers and Business Plan Users.
Article 2. Provision of the Service
- ChatWork Inc, its business partners and their respective employees, officers, directors, shareholders, agents and representatives (each an “ChatWork Inc Party”) provide the Service to Users.
- It is necessary to be connected to the Internet to use the Service. ChatWork Inc has no involvement or responsibility with respect to how Users connect to the Internet or any issues related to a User’s Internet connection.
Article 3. User Eligibility
ChatWork Inc does not intend the Service to be viewed or used by individuals under the age of 13. Individuals under the age of 13 may not be Users.
Article 4. Application of and Changes in Terms and Conditions of Use
- These Terms and Conditions of Use apply to all Users. The Service can be used only after agreeing to these Terms and Conditions of Use.
- ChatWork Inc may, at its sole discretion, revise these Terms and Conditions of Use without the consent of Users, and the User agrees to and accepts this condition. Material changes in Terms and Conditions of Use will be announced by posting them on the Service. The User is responsible for checking these Terms of Conditions of Use each time before using the Service. Continued use of the Service following the posting of changes will mean that the User accepts and agrees to the changes.
Article 5. Subscription Period
(1) Service Start Date.
After these Terms and Conditions of Use have been accepted by the Subscriber, the service start date is displayed on the Subscriber’s page. ChatWork Inc may confirm establishment of a Subscriber’s account by sending a confirmation to the email address that the Subscriber provides.
(2) Free Plan Agreement Period.
There is no stipulated agreement period for the Free Plan.
(3) Personal Plan and Business Plan Agreement.
The agreement period for the Personal Plan and Business Plan is one month from the service start date displayed on the Subscriber’s page. If a Subscriber does not notify ChatWork Inc that the Subscriber would like to cancel the Subscription using the cancellation procedures stipulated in Article 22(2) of these Terms and Conditions of Use at least one day before the Subscription expires, the Subscription will automatically be renewed for an additional month.
Article 6. Period of Use for Business Plan Users
- Business Plan Subscriber can register multiple users as Business Plan Unser up to the maximum registrable number of Business Plan User.
- Business Plan Users can use the Service during the Subscription period for the Business Plan as long as they are registered by the Business Plan Subscriber as a User.
Article 7. Changes in Plan
- The following Subscribers can apply to ChatWork Inc to change Plans as listed below.
- Free Plan Subscribers can apply to change to a Personal Plan or Business Plan. Subscribers are invited to make inquiries regarding procedures for changing their Plan.
- Personal Plan Subscribers can apply to change to a Free Plan or Business Plan. Subscribers are invited to make inquiries regarding procedures for changing their Plan.
- Business Plan Subscribers cannot change to other Plans.
- Old Business Plan Subscribers cannot change to Free Plan, Personal Plan, or other Old Business Plan whose maximum registrable number of Business Plan User or subscription period is different. Old Business Plan Subscribers can apply to change to a Business Plan, provided, however, that Old Business Plan Subscribers with a year subscription period cannot apply to change to a Business Plan on a monthly basis one month before the expiration date of the Agreement.
Article 8. Additional Storage Space
- Personal Plan Subscribers and Business Plan Subscribers can apply for additional storage space.
- Subscribers who have applied for additional storage space can apply to cancel or change the additional storage at any time.
- ChatWork Inc will send Subscribers who apply to use, change, or cancel additional storage a completed application notification using the method stipulated by ChatWork, Inc. Application procedures are completed when the applicant receives the completed application notification.
Article 9. Service Fee
(1) Fees for Using the Service.
- Monthly Fee - Information such as the monthly service fee, calculation method, and payment method is provided on the following web page: ChatWork - Pricing page. For Old Business Plan, the information is provided on the price list of Old Business Plan.
- Fee for Additional Storage Space - Information regarding the additional storage space fee is provided on the following web page: ChatWork - Pricing page.
- Additional Fee for Business Plan User – Additional Fee for Business Plan User shall be provided in a separate page.
- Payment Method - Payments can only be made by PayPal service. The user agreement for the PayPal service will govern use of that service, and Subscribers must refer to that agreement and not these Terms and Conditions of Use to determine rights and liabilities as a PayPal member. If ChatWork Inc does not receive payment through the PayPal service, the Subscriber agree to pay all amounts due upon demand by ChatWork Inc or its agents. Unless expressly set forth on the Service, ChatWork Inc does not accept any other payment form. If ChatWork Inc offers or accepts any other form of payment, Users hereby agree to all restrictions, terms and conditions associated with such other form of payment.
- When Service Fees are Generated - After an application is submitted to start or change a Plan or use additional functions, service fees are generated starting on the date the PayPal payment procedures are completed.
(2) Service Fee Payment; Additional Storage Space Payment.
(3) Delinquent Payments.
If payment of the service fee cannot be confirmed, the Subscriber will immediately pay the unpaid amount using the method stipulated by ChatWork, Inc. If payment cannot be confirmed, ChatWork Inc may take steps to suspend or terminate the Service in accordance with Article 20 and Article 26 of these Terms and Conditions of Use.
Article 10. Verification; Password Management
- It is necessary to register an email address and password to use the Service.
- Users should carefully manage their registered email address and password and should not give third parties the information. Users who feel that a third party has obtained their password should immediately change their password.
- When an individual logs in using an email address and password of a User registered to use the Service, ChatWork Inc considers the individual logging in to be the User who registered the particular email address and password.
Article 11. Notification of Changes in Account Information
If there are changes to information that the User registered with ChatWork Inc when applying to use the Service, the User shall promptly notify ChatWork Inc of the changes using the online method stipulated by ChatWork, Inc.
Article 12. Intellectual Property
- All content included on the Service, including, without limitation, text, articles, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, (collectively “Content”) is the intellectual property of ChatWork Inc or its licensors and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all Content on the Service are the exclusive property of ChatWork Inc and are protected by applicable copyright laws. All software used on the Service is the property of ChatWork Inc or its software suppliers and is protected by applicable copyright laws.
- ChatWork ™, and ChatWork Inc are trademarks, registered trademarks or service marks of ChatWork, Inc. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of ChatWork Inc used on the Service may not be used without the prior written consent of ChatWork, Inc. Without limiting the foregoing, no ChatWork Inc trademark, service mark or trade dress may be used in connection with any product or service that is not ChatWork Inc’s, in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits ChatWork, Inc.
- Users are granted a limited, nonexclusive, revocable license to access and make noncommercial use of the Service after agreeing to these Terms and Conditions of Use, but do not acquire the intellectual property rights, such as copyrights related to the provided services. Users may not revise, rent, lease, resell, or distribute the Service or any part of the Service.
Article 13. No Responsibility for Third-Party Content; Copyright Claims
Content on the Service may be provided by third parties, for instance as a result of submission by Users. Any opinions, advice, statements, descriptions, services, offers, information, or other Content expressed or made available by third parties on or through the Service (“Third-Party Content”) are solely those of the respective authors or distributors, and not of ChatWork Inc nor of any ChatWork Inc Party. None of the ChatWork Inc Parties guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any Third-Party Content. The ChatWork Inc Parties make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any Third-Party Content, unless made by an authorized an ChatWork Inc representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any ChatWork Inc Party be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content, or any other harm arising from any Third-Party Content.
No ChatWork Inc Party will assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if a User believes that the Service contains Content that infringes copyright rights held by that User, the User may contact ChatWork Inc at the e-mail address or physical mail address below with the following information and signature:
- A description of the copyrighted work that the User claims has been infringed;
- A description of where the material that the User claims is infringing is located on the Service;
- The User’s address (including country), telephone number and e-mail address;
- A statement by the User that they have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by the User, made under penalty of perjury, that the above information in the notice is accurate and that the User is the copyright owner or authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright interest.
The notice should be sent to firstname.lastname@example.org or, if by physical mail, to:
440 North Wolfe Road Sunnyvale, CA 94085
Article 14. Third-Party Applications
The Service may contain links, login interfaces and other connections to thirdparty websites and applications (including, without limitation, websites, widgets, software and other software utilities) (“Application(s)”). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by ChatWork, Inc. Applications are provided solely as a convenience to Users and ChatWork Inc is not responsible for and does not sponsor or endorse the content of Applications. Each User will need to make their own independent judgment regarding their interaction with Applications. Each User may choose, at their sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to the Service.
ChatWork Inc may allow Users to log in to the Service using Applications provided by Facebook, Inc. (“Facebook”), Google Inc., LinkedIn Corporation, mixi, Inc., tumblr, Inc., Twitter, Inc., Windows Live by Microsoft, Yahoo! Inc. and other third-party services (collectively “Third-Party Accounts”) either as the sole means of logging in or as an alternate means. ChatWork Inc may also allow Users to use other Applications and features, such as the Facebook “Like” button, so that Users may use information from their Third-Party Accounts on the Service and share activities and other information related to the Service via Third-Party Accounts. In addition to the terms set forth above with respect to all Applications (and without limiting the generality thereof), by logging in using Third-Party Accounts and/or using other Third-Party Account Applications and features, the User hereby permits the Service to access information related to their Third-Party Accounts (including their profile information, friends and privacy settings), and the User hereby permits the providers of their Third-Party Accounts to check their account cookies when they are visiting the Service and to receive information concerning actions they take on the Service.
Article 15. ThirdParty Links
The Service may contain links to other websites. ChatWork Inc is not responsible for examining or evaluating, and does not warrant the offerings of, any of the businesses or individuals operating such websites or the content of such websites. ChatWork Inc assumes no responsibility or liability for the actions, products or content of any of these thirdparty websites. Users should carefully review the privacy statements and other conditions of use set forth in such websites.
Article 16. Sweepstakes, Contests, Promotions
Any sweepstakes, contests or similar promotions made available through the Service will be governed by specific rules separate from these Terms and Conditions of Use, provided that unless the separate rules provide otherwise, all information submitted through a sweepstakes, contest or similar promotion will be considered Submissions and will be subject to the terms relating thereto. By participating in any such sweepstakes, contest or promotion, the User agrees to become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as age or geographic restrictions.
Article 17. Support
Except for situations when it is necessary to store a record of a communication, the User hereby agrees and accepts that all support from ChatWork Inc is provided using email.
Article 18. Changes in the Service
The User hereby agrees and accepts that ChatWork Inc may alter the Service, which includes changing the various terms and prices for Plans and changing or eliminating parts of the Service, without contacting the User in advance.
Article 19. Suspension of the Service
The User hereby agrees and accepts that, in the following situations, ChatWork Inc may temporarily suspend the Service without contacting Users in advance. Users are asked to please be aware of this when they use the Service.
- When conducting regular or emergency maintenance on the Service.
- When it becomes impossible to provide the Service for any reason such as fire, power outage, or accident.
- When it becomes impossible to provide the Service because of natural disasters such as earthquakes, volcanic eruptions, flooding, or tsunami.
- When it becomes impossible to provide the Service because of developments such as war, rebellion, rioting, civil unrest, or labor disputes.
- When there are unexpected technical problems.
- When ChatWork Inc determines that it is necessary to temporarily suspend the Service for other reasons such as operational or technical difficulties.
Article 20. Suspension of the Service because of User
The User hereby agrees and accepts that ChatWork Inc may suspend the Service to the Subscriber and associated Business Plan Users for any of the following reasons until the particular condition for resumption of usage of the Service is met.
- Reason for Suspension - ChatWork Inc requested payment of unpaid fees from a Subscriber in accordance with Article 9(4) of these Terms and Conditions of Use, but cannot confirm payment by the date stipulated when the request was made. Condition for Resumption of Service - ChatWork Inc confirms payment of unpaid fees.
- Reason for Suspension - There are unpaid fees, but ChatWork Inc cannot contact the Subscriber. Condition for Resumption of Service - ChatWork Inc is able to contact the Subscriber and confirm payment of unpaid fees.
- Reason for Suspension - It is important for ChatWork Inc to contact the Subscriber, but it is not possible to do so. Condition for Resumption of Service - ChatWork Inc is able to contact the Subscriber.
Article 21. Termination of the Service
- ChatWork Inc may at any time end any Subscription or terminate the Service.
- Except where notice in not reasonably possible, if the Service is terminated, Users will be notified in advance through the website or other appropriate methods.
Article 22. Service Cancellation by Subscriber
(1) Free Plan Subscribers.
Free Plan Subscribers can cancel their Subscription at any time by submitting a cancellation request through the cancellation web page designated by ChatWork, Inc. The cancellation date is the date ChatWork Inc receives the cancellation notification. The cancellation completion web page will note that the Subscription has been cancelled, and notification will be sent to the Subscriber’s email address.
(2) Personal Plan Subscribers and Business Plan Subscribers.
Personal Plan Subscribers and Business Plan Subscribers can cancel their Subscription by submitting a cancellation request through the cancellation web page designated by ChatWork Inc at least one day before the Subscription expires. The cancellation date is the date ChatWork Inc receives the cancellation notification. The cancellation completion web page will note that the Subscription has been cancelled, and notification will be sent to the Subscriber’s email address. Regardless of whether the Subscriber cancels the Subscription during the Subscription period or the number of days the Subscriber used the Service, the full fee for the Subscription period must be paid, and ChatWork Inc will not refund service fees paid in advanced.
Article 23. Repayments; Cancellations
Except for the conditions discussed in Article 22 (Service cancellation by Subscriber) of these Terms and Conditions of Use, Subscribers cannot withdraw (cancel) an application after the Subscription has been concluded.
Article 24. Prohibition on Transfer
Subscribers cannot transfer their Subscription to a third party without the prior written consent of ChatWork, Inc.
Article 25. Prohibited Items
Users are prohibited from directly or indirectly (through a third party) engaging in the following conduct, whether intentional or out of negligence.
- Conduct that infringes or may infringe on the intellectual property rights (such as copyrights and trademark rights, assets, privacy, or image rights of ChatWork Inc or a third party), which includes transmitting material copyrighted by other parties or copies of that material without permission or transmitting personal information about others or corporate secrets.
- Conduct that is or may be detrimental or harmful to ChatWork Inc or a third party.
- Conduct that infringes or may infringe on the human rights of a third party and conduct that violates or may violate social standards.
- Conduct that is or may be criminal, such as using the service to commit crimes including fraud and extortion or to incite a crime, and conduct that is or may be linked to criminal conduct.
- Conduct that hinders or may hinder ChatWork Inc or the operation of the Service including any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or any of the systems or networks comprising or connected to the Service using the Service.
- Conduct that damages, disparages or discredits or may damage, disparage or discredit ChatWork Inc or the Service.
- Using or supplying harmful programs including computer viruses through the Service or in conjunction with the Service or conduct that may do so.
- Illegal conduct.
- Allowing a third party use the email address and password registered by a User to access and use the Service.
- Lending or transferring the Subscription to a third party without the prior written consent of ChatWork, Inc.
- Revising, leasing, renting, reselling, or distributing some or all of the Service.
- Using any robot, spider, dataminer, scraper or other automated means to access the Service or its systems for any purpose or to copy, probe, test or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by ChatWork Inc or its business partners through the Service.
- Other conduct that ChatWork Inc determines to be inappropriate.
Article 26. Termination of Subscription by ChatWork Inc
- ChatWork Inc can immediately terminate a Subscription without giving prior notice to the Subscriber or associated Business Plan Users if the Subscriber or any associated Business Plan User violates any term listed in Article 25 or any other terms stipulated in these Terms and Conditions of Use regardless of whether the violation is by, on behalf of or through the Subscriber.
- If a Subscription is terminated based on the above item, ChatWork Inc will not refund paid fees.
Article 27. Handling of Personal Information
While ChatWork Inc takes reasonable steps to safeguard and to prevent unauthorized access to personal information of Users, ChatWork Inc is not responsible for the acts of those who gain unauthorized access, and ChatWork Inc makes no warranty, express, implied or otherwise, that ChatWork Inc will prevent unauthorized access to private information of Users.
Article 28. Consent regarding How the Service is Provided
- ChatWork Inc does not guarantee that Users will not be negatively affected by using the Service, which includes negative impact caused by defects in the programs used to provide the Service, system troubles, and malicious individuals destroying or leaking information sent by Users. The User hereby agrees to this and uses the Service at their sole risk.
- ChatWork Inc uses SSL encryption when providing the Service. The User hereby agrees and accepts use of the Services with this security level.
- ChatWork Inc bears no responsibility for monitoring uploaded files or chats by Users using the Service.
Article 29. Consent for Access, Use and Changes to Data
- ChatWork Inc pays attention to, and manages, information entered by Users when registering and information sent by Users, such as conversations, tasks, and files.
- ChatWork Inc may view and use information entered when registering or sent by Users in the following situations.
- ChatWork Inc obtains the consent of the User.
- ChatWork Inc is presented with a warrant from an investigative agency, there is a request from a court to disclose information related to an investigation, or there is a request to disclose the information from an administrative agency.
- ChatWork Inc is legally obligated to provide the information.
- ChatWork Inc believes that a User may have engaged in conduct prohibited by Article 25 of these Terms and Conditions of Use.
- It is necessary to do so in order to protect the life, physical wellbeing, or other important rights of the User or a third party.
- It is necessary to do so for maintenance of the Service.
- There is a necessity equivalent to the above items.
- In the following situations, ChatWork Inc may delete some or all of the information registered or sent by Users. ChatWork Inc is not responsible for deleted information.
- ChatWork Inc obtains the consent of the User.
- ChatWork Inc determines the User is engaging in conduct prohibited by Article 25 of these Terms and Conditions of Use.
- The Subscription is terminated by the Subscriber as stipulated in Article 22 of these Terms and Conditions of Use.
- The Subscription is terminated by ChatWork Inc as stipulated in Article 26 of these Terms and Conditions of Use.
- The Service is terminated based on Article 21 of these Terms and Conditions of Use.
- There is a necessity equivalent to the above items.
Article 30. Exemption from Liability
- ChatWork Inc bears no responsibility for damage caused to a User by a third party using the User’s email address and password regardless of whether it was provided intentionally by the User or through negligence of the User.
- ChatWork Inc bears no responsibility for the misuse of credit cards by a third party; the issue will be handled by the User and a third party or credit card company, regardless of the intent of the User.
- ChatWork Inc bears no responsibility for disputes between Users and entities such as credit card companies, payment service providers, or other financial institutions; disputes will be resolved by the involved parties.
- The user agrees that that none of ChatWork Inc parties bears responsibility for direct, indirect, or actual damages incurred while the service is suspended as described in Article 19 or Article 20 of these terms and conditions of use or terminated as described in Article 21 or Article 26 of these terms and conditions of use, including damage caused by the user not being able to use the service, damage due to the interruption of work, damage from lost data, and lost profit that might have been possible by using the service.
Article 31. Limited Liability
The user hereby agrees that the service and all information, content (including thirdparty content), and services included on or otherwise made available through the service are provided by ChatWork Inc on an “asis” and “asavailable” basis and use of the service is at each user’s sole risk. No ChatWork Inc party makes any, and to the full extent permitted by applicable law, each of the ChatWork Inc parties disclaims all, representations or warranties of any kind, express or implied, as to the operation of the service or the information, content (including thirdparty content), applications, or services included on, sold through or otherwise made available through the service. No ChatWork Inc party warrants that the service, its servers or email sent from ChatWork Inc are free of viruses or other harmful components or that the service will operate without interruption or that the service will be defect or error free.
No ChatWork Inc party will be liable in any case for any damages of any kind arising from, related to or in any way connected with the service, the information, content (including thirdparty content), applications, or services included on, sold through or otherwise made available through the service, the use of the service, any links on the service, any applications, any email sent from ChatWork Inc or any third party's unauthorized access to users’ personal information, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether any ChatWork Inc party was given actual or constructive notice that damages were possible. Without limiting the foregoing, you agree that the aggregate liability of the ChatWork Inc parties arising from or related to any form of action or claim, is limited to the service fees paid for the service.
Without limitation to the foregoing, the user expressly agrees that use of the service is at their sole risk.
Article 32. Compensation for Damages
Article 33. Governing Laws
The conclusion, force, implementation, and interpretation of these Terms and Conditions of Use are governed by the laws of the Japan. Users agree that the laws of Japan, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between Users and ChatWork Inc or any other ChatWork Inc Party.
Article 34. Jurisdiction
The Osaka District Court will be the court of first instance with exclusive jurisdiction for all disputes in connection with these Terms and Conditions of Use, any Subscription or any dispute of any sort that might arise between Users and ChatWork Inc or any other ChatWork Inc Party.
Article 35. Discussions
Should a problem between ChatWork Inc and a User related to the Service arise, the User hereby agrees to conduct discussions and work in good faith with ChatWork Inc to resolve the problem.
Article 36. Communications
The User hereby consents to receive communications from ChatWork Inc by email. ChatWork Inc will communicate with Users by email or by posting notices on the Service, and the User hereby agrees that all agreements, notices, disclosures and other communications that ChatWork Inc provides in this manner satisfy any legal requirement that such communications be in writing.
Article 37. Severability
If any of these terms or conditions shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms and Conditions of Use.
Article 38. Delay in Enforcement
No delay or failure to take action under these Terms and Conditions of Use shall constitute any waiver by ChatWork Inc of any provision of these Terms and Conditions of Use.
Article 39. Complete Agreement