Last Updated October 18, 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.
The main definitions used in these Terms and Conditions of Use are given below.
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.
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.
There is no stipulated agreement period for the Free Plan.
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 23(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.
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 21 and Article 27 of these Terms and Conditions of Use.
It is the Subscriber’s responsibility to determine what, if any, taxes apply to the payments the Subscriber makes or receives, and it is the Subscriber’s responsibility to collect, report and remit the correct tax to the appropriate tax authority. ChatWork Inc is not responsible for determining whether taxes apply to the Subscriber’s transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
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.
ChatWork Inc reserves the right to use the Subscriber’s name and logo as a reference for marketing or promotional purposes on the website and in other communication with existing or potential ChatWork users or customers. For example, ChatWork Inc might list the Subscriber’s name and logo on one of its webpages under lists of ChatWork users or customers. ChatWork Inc doesn’t want to list Subscribers who don’t want to be listed, so the Subscriber may send an email to firstname.lastname@example.org stating that it does not wish to be used as a reference.
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:
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 email@example.com or, if by physical mail, to:
440 North Wolfe Road Sunnyvale, CA 94085
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.
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.
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.
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.
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.
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.
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.
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.
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.
Except for the conditions discussed in Article 23 (Service cancellation by Subscriber) of these Terms and Conditions of Use, Subscribers cannot withdraw (cancel) an application after the Subscription has been concluded.
Subscribers cannot transfer their Subscription to a third party without the prior written consent of ChatWork, Inc.
Users are prohibited from directly or indirectly (through a third party) engaging in the following conduct, whether intentional or out of negligence.
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.
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.
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.
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.
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.
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.
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.
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.