Colorkrew Biz Terms of Use

Chapter 1: General Rules

Article 1 (Purpose)

These Terms of Use (hereinafter referred to as these “Terms”) set forth the terms between Colorkrew Inc. (hereinafter referred to as “Colorkrew”) and you (hereinafter referred to as the “User”) regarding the User’s use of “Colorkrew Biz”, a business concierge tool service provided by Colorkrew (as defined below as the “Service”).

Article 2 (Definitions)

• 1. The definitions set forth in these Terms shall be as follows.
  • (1) “Administrator ID” means a combination of letters and numbers, etc., that is given to the User to use the Service Site and that identifies the User.
  • (2) “Anti-Social Force” means an organized crime group (boryokudan), a member of a boryokudan, a quasi-member of a boryokudan, a company associated with a boryokudan, a corporate racketeer (sokaiya), etc., a hoodlum disguised as a supporter of a social movement (shakai-undo hyobo goro), etc., or a white-collar crime group, etc., or any other person similar to the foregoing; the same shall apply hereinafter.
  • (3) “Cookies” means data for record-keeping purposes stored on Employee terminals for the provision of the Service.
  • (4) “Employee” means an employee, director, officer or other equivalent person of the User or an affiliate of the User, who is authorized by the User to use the Service pursuant to these Terms. For purposes of this definition, “affiliate” of the User shall mean an entity that directly or indirectly controls, is controlled by or is under common control with the User. For purposes of the foregoing, “control” shall mean the ownership of more than fifty percent (50%) of the (i) voting power to elect the directors of said entity, or (ii) ownership interest in said entity.
  • (5) “Employee ID” means a combination of letters and numbers that is assigned to each Employee who uses the Service Site to identify the Employee.
  • (6) “Colorkrew” means Colorkrew's business concierge tool service and certification service brand name.
  • (7) “Personal Information” means information regarding a living individual, including the name, date of birth and other information that can identify a specific individual (including any information that can be easily compared with other information and based on such comparison the identify of a specific individual can become known.
  • (8) “Service” means the “Colorkrew Biz” business concierge tool service provided by Colorkrew to the User based on these Terms.
  • (9) “Service Facilities, etc.” means the tangible and intangible equipment (servers, computer programs, hardware, software, lines, and other computer codes, etc.) configured to provide the Service Site. Unless otherwise specified, Third Party Subcontractor equipment (if any) is also included.
  • (10) “Service Site” means the website or application provided by Colorkrew, for Users and Employees to use the Service.
  • (11) “User” means a party that agrees to these Terms, and, upon making a registration for the Service pursuant to these Terms, receives the provision of the Service.
• 2. Any other terms defined in these Terms shall have the meaning so ascribed to them.

Article 3 (Scope of Application)

• 1. These Terms apply to all matters relating to the Service.
• 2. In the event that the provisions of these Terms differ from those of the Individual User Agreement, the provisions of the Individual User Agreement shall take precedence over these Terms.
• 3. The Service shall be provided in each country or jurisdiction except Japan and that of the European Economic Area (EEA).

Article 4 (Notification)

• 1. Unless otherwise specified elsewhere in these Terms, any and all notifications from Colorkrew to the User shall be made via email, in writing, or posted on Colorkrew's website (URL: https://colorkrewbiz.com/) (hereinafter “Website”)) or any other method that Colorkrew deems appropriate.
• 2. When notification from Colorkrew to the User is made by sending an email or posting on the Website pursuant the provisions of the preceding paragraph, such notification shall take effect on such sending or posting.
• 3. Any and all notifications from the User to Colorkrew shall be made via email or in writing, to the address specified by Colorkrew.

Article 5 (Amendment)

Colorkrew may amend these Terms from time to time without obtaining the consent of the User. In such event, Colorkrew shall post, on the Service Site or Website: (1) the planned effective date of such amended Terms (hereinafter the “Planned Effective Date”); and (2) such amended Terms. For the sake of clarification, such posting shall take place prior to the Planned Effective Date, and such amended Terms shall take effect as of the Planned Effective Date.

Chapter 2: Registration and Other Matters

Article 6 (Registration; Third Party Subcontractors)

• 1. These Terms shall apply to the User’s use of the Service upon the User registering for any plan of the Service and accepting these Terms pursuant to the User providing certain information as required on the “Registration” page of the Website (such information hereinafter the “User Application Information”). The User’s acceptance of these Terms is made upon checking the relevant box of acknowledgement and clicking the relevant “Register” button on such Website page.
• 2. In the event that a User that is using the Service under a certain plan pursuant to these Terms seeks to switch to a different plan of the Service which requires a new application and registration, then the User make a new application for such different plan, by registering for the specific plan of the Service and accepting these Terms pursuant to the User providing certain User Application Information. The User’s acceptance of these Terms is made upon checking the relevant box of acknowledgement and clicking the relevant “Register” button on such Website page.
• 3. Notwithstanding any of the provisions set forth in these Terms, Colorkrew may reject any application of any applicant or User, if Colorkrew determines, under its sole discretion, that such applicant or User falls under any of the following items:
  • (1) When such applicant or User makes a false representation at the time of application;
  • (2) When such applicant or User has been late regarding any past Service or other past transactions with Colorkrew;
  • (3) When Colorkrew determines that such applicant or User is an Anti-Social Force, or the applicant or User is engaged in a transaction, exchange or other engagement with an Anti-Social Force, such as cooperating or being involved with the maintenance, operation or management of an Anti-Social Force through funding or financial support or other means; or
  • (4) In any other case where there is any business-related or technology-related hindrance to Colorkrew.
• 4. Colorkrew may provide the Service by entrusting a portion of the provision of Service to a third party or using the services of a third party (such third party hereinafter referred to as the “Third Party Subcontractor”).
• 5. With regard to the preceding paragraph, Colorkrew will be responsible for the appointment and supervision of the Third Party Subcontractor, except in the case where the Third Party Subcontractor has been designated by the User.

Article 7 (Change Notification)

The User shall notify Colorkrew promptly in the event that there is a change in any User Application Information. In the event that such notification is made, Colorkrew may request the User to submit documents that certify those matters referred to in such notification, which Colorkrew determines to be required.

Article 8 (Suspension of Service)

• 1. In the event of the occurrence of any of the following items, Colorkrew may, without needing to provide any notice to or obtain any consent from the User, suspend the provision of the Service:
  • (1) When the Service cannot be provided due to trouble or failure of the Service Facilities, etc.;
  • (2) When there is an emergency situation regarding the Service Facilities, etc.;
  • (3) When there are any unavoidable operational or technical reasons;
  • (4) When the Service cannot be provided due to a force majeure event, such as a natural disaster;
  • (5) When the provision of the Service is impossible due to acts involving a third party, due to its intentional act or omission or its gross negligence, destroying the function of the Service Facilities, etc., such as an act of cyber terrorism, etc.;
  • (6) When the User falls under any of the items prescribed in Article 11 (Cancellation by Colorkrew); or
  • (7) When there is any other valid reason similar to any of the above items.
• 2. In addition to the preceding paragraph, Colorkrew may, upon providing prior notice to the User, temporarily suspend the provision of the Service in order to perform regular inspections of the Service Facilities, etc.
• 3. Even in the event that Colorkrew suspends the provision of the Service for any reason set forth in any of the preceding paragraphs, and the User or any other third party incurs damages, Colorkrew shall not be liable in any way whatsoever in respect of compensation of such damages, except in the case of intentional act or gross negligence by Colorkrew.

Article 9 (Periods for Trial Plan, Paid Plan, Free Plan)

• 1. The period of the trial plan of the Service is thirty (30) days from the date of registration for such trial plan, as described in Article 6 of these Terms. Provided, however, that such trial plan period shall become immediately invalid upon the date of registration for a paid plan, as described in paragraph 3 below.
• 2. In the event that, during the period of the trial plan, a User makes an application for a paid plan (as described in the last sentence of paragraph 1 above), the User will be transferred to the paid plan.
• 3. The period of the paid plan of the Service is one (1) year from the date of registration for such paid plan, pursuant to Article 6 of these Terms. Unless either the User or Colorkrew, within one (1) month prior to the expiration of such period, provides written notice to the other party of such notifying party’s intention not to renew, then the period of the paid plan shall be renewed for another one (1) year period and the same shall apply thereinafter to all such renewal periods.
• 4. The User does not apply for a paid plan, the User will be automatically transferred to the free plan upon the expiration of the period of the trial plan. The period of the free plan of the Service is one (1) year from the date immediately following the last day of the trial plan period, and, unless either the User or Colorkrew, within one (1) month prior to the expiration of such period, provides written notice to the other party of such notifying party’s intention not to renew, then the period of the free plan shall be renewed for another one (1) year period and the same shall apply thereinafter to all such renewal periods.

Article 10 (Cancellation by User)

• 1. For all plans for the Service except for the trial plan, the User may cancel the Service, as of the User’s desired cancellation date, by providing written notice to Colorkrew at least one (1) month before the desired cancellation date. However, in such event, the User shall be obligated to pay the entirety of the amount of the relevant usage fee for the month to which the desired cancellation date belongs.
• 2. The User shall immediately pay any unpaid usage fees that are owed to Colorkrew as of the desired cancellation date (including those fees described in the preceding paragraph), and the User shall make such payment immediately upon Colorkrew receiving the notification set forth in the preceding paragraph.

Article 11 (Cancellation by Colorkrew)

• 1. Colorkrew may, without needing to provide any notice to or obtain any consent from the User, cancel all or part of the Service, in the event that Colorkrew determines the User falls under any of the following items:
  • (1) When there are false entries or omissions or other false or incorrect statements of information or other matters in the contents of any User Application Information;
  • (2) When payment is suspended or payment becomes impossible;
  • (3) When a bill or check is dishonored;
  • (4) When a petition is made for a seizure, provisional seizure or auction, or when tax and public dues are delinquent;
  • (5) When there is a petition for bankruptcy, commencement of corporate consolidation, commencement of corporate rehabilitation proceedings or civil rehabilitation proceedings, or when there is a serious concern about credit status;
  • (6) When a business license is revoked or suspended by a supervisory authority;
  • (7) In the event that the User has breached any provision of these Terms and does not cure such breach within a reasonable period of time after receiving a notification from Colorkrew regarding such breach;
  • (8) When resolution is made such as in respect of dissolution, capital reduction, or transfer of all or part of business;
  • (9) When it is discovered that the User falls under an Anti-Social Force;
  • (10) When Colorkrew determines that with the User has carried out any act that is prohibited pursuant to Article 21 (Prohibit Acts) of these Terms;
  • (11) When a reason arises that makes it difficult to achieve the purpose of these Terms; or
  • (12) In the case of any cancellation or delay in any credit card payment, including payment delay or chargeback in credit card settlement.
• 2. In the event that the Service is cancelled pursuant to the preceding paragraph, and if there is an unpaid usage fee, the User shall pay such unpaid amount by the date specified by Colorkrew.

Article 12 (Discontinuance of the Service)

• 1. Colorkrew may, in its sole discretion, permanently discontinue all or part of this Service if any of the following items applies, and may cancel all or part of these Terms, as of the date of such discontinuance:
  • (1) When the User is notified thirty (30) days before the abolishment date;
  • (2) When this Service cannot be provided due to a force majeure event such as a natural disaster;
  • (3) When Colorkrew otherwise determines that discontinuance is unavoidable.
• 2. In the event that all or part of the Service is discontinued pursuant to the preceding paragraph, and in the case that the User has already paid to Colorkrew any other costs or fees as referred to in Article 15, Paragraph 2(2) (regarding other costs or fees), Colorkrew shall repay to the User an amount that is calculated based on the number of days that the Service cannot be provided. In such event, the maximum amount of such amount of repayment shall be the amount equal to such other costs or fees that were already paid to Colorkrew.
• 3. Even in the event that Colorkrew suspends the provision of the Service for any reason set forth in any of the preceding paragraphs, and the User or any other third party incurs damages, Colorkrew shall not be liable in any way whatsoever in respect of compensation of such damages, except in the case of intentional act or gross negligence by Colorkrew.

Article 13 (Measures upon Service End)

• 1. Upon the end of the Service for whatever reason, the User shall immediately return to Colorkrew, the software provided by Colorkrew and all related materials, etc. (if any; including all copies of all or parts of the software and materials, etc.), and the User shall, under its own responsibility, immediately and entirely delete the Service-related software and materials stored in the User's computers, storage space, hard drive, equipment, or any other facility.
• 2. Upon the end of the Service for whatever reason, Colorkrew shall return to the User all the materials, etc. that User provided to Colorkrew when using this Service (if any; including all copies of all or parts of the materials etc.; the same shall apply hereinafter), and Colorkrew shall, under its own responsibility, immediately and entirely delete the materials etc. recorded in the Service Facilities etc.
• 3. Regardless of whether the Service ends due to contract period expiration or cancellation or any other reason, the following provisions shall survive and shall continue to be in full force and effect: Article 8, Paragraph 3; Article 10, Paragraph 2; Article 11, Paragraph 2; Article 12; Article 13; Article 16; Article 17; Article 18; Article 19; Article 21; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31, and Article 32.

Chapter 3: Service

Article 14 (Type and Content of this Service)

• 1. The details of the plans of this Service shall be as specified in this service list as set forth at the end of these Terms.
• 2. If the contents of any of the Service plans change temporarily due to a campaign, etc., such matters will be posted on the Website.
• 3. In order for the User to use this Service, Colorkrew shall provide the User with the management tool, and one account for the Administrator ID for logging into the management tool.
• 4. The User hereby acknowledges that this Service is to be used based on these Terms, that, except as otherwise specified in these Terms, all rights, including but not limited to all intellectual property rights, in respect of the Service are owned by Colorkrew, and that the User does not or will not acquire any intellectual property rights or any other rights in respect of this Service.

Chapter 4: Usage Charge

Article 15 (Fee and Payment)

• 1. For paid plans of the Service, the usage fee for this Service shall be paid by credit card or invoice.
• 2. The usage fee for this Service shall be paid by the specified method below.
  • (1) Monthly usage fee for paid plans
    • ① When a registration is made for a paid plan pursuant to Article 6 of these Terms, the usage fee for the month to which the date of registration belongs (hereinafter the “Registration Month”) is zero. Then, the usage fee, which is a monthly fee, shall be incurred starting from the month immediately following the Registration Month.
    • ② The usage fee for a given month shall be paid in advance, on the 1st day of such month, by credit card or invoice. Unless otherwise specified by Colorkrew, all fees and charges in respect of the Service shall be paid in US dollars.
    • ③ The amount of the usage fee with respect to the month immediately following the Registration Month shall be calculated based on the number of User registrations as of the day of calculation, in accordance with the chart below; provided, however, that, if the number of User registrations is zero on the day of calculation, the amount of the usage fee shall be calculated based on the number of User registrations being one (1) User registration.
      See the table below:

      Paid plan registration date	Day of calculation
      1st-24th	the 25th of same month
      25th to the last day of the month	At or around the day of registration

    • ④ Thereafter, regarding the following months, the amount of the usage fee with respect to a given month shall be calculated based on the number of User registrations is calculated as of the 25th of the immediately preceding month.
  • (2) Other costs or fees
    With respect to any other costs or fees not specified in these Terms, including, but not limited to, any initial set up costs (such as the costs in respect of Colorkrew carrying out initial set up and installation for the purpose of the User to use the Service; or the costs in respect of Colorkrew carrying out system customization in order to conform to the use environment of the User, etc), such other costs or fees shall be discussed between Colorkrew and the User separately.
• 3. In the event that any of the following events arises, Colorkrew may revise the usage fee for this Service; provided, however, that, in such event, Colorkrew shall notify the User at least two (2) months in advance of implementing such usage fee revision:
  • (1) When the contents or functions of this Service are expanded or added;
  • (2) When the current usage fee becomes unsatisfactory due to price increases or economic fluctuations;
  • (3) When there is an unavoidable reasonable reason for an increase in the usage fee of this Service or other circumstances due to technical or operational reasons.

Chapter 5: User Obligations, etc.

Article 16 (Principles of Self-Responsibility)

• 1. When using this Service, the User shall be responsible for the scope and usage of this Service and the information (contents) provided or transmitted between the User and its Employees or any third party. All disputes including claims and money related between the User and its Employee shall be handled and resolved at the User's sole responsibility and expense.
• 2. In addition to the provisions set forth in the preceding paragraph, the User shall be liable for damages to third parties (whether domestic and overseas; the same shall apply in this section) in connection with the use of this Service, or claims from third parties. If there is any claim is made by such a third party (including if such claim is made to Colorkrew) based on the User’s use of this Service or the User’s breach of the Terms, the User shall indemnify and hold harmless Colorkrew with respect to such claim and such claim shall be handled and resolved at the User's sole responsibility and expense. The same shall apply when the User suffers damage as a result of a third party in connection with the use of this Service, or when a claim is made to a third party.
• 3. The information (content) provided or transmitted by the User using this Service is provided by the User, and Colorkrew is not at all responsible, and does not provide any guarantee whatsoever, in respect of any such information etc.

Article 17 (User's Representations and Warranties)

• 1. The User represents and warrants that:
  • (1) The User has a legal authority to enter into and to perform the obligations pursuant to these Terms.
  • (2) The User has the legal authority to use, keep, and maintain the User's equipment that is necessary for the User’s use of the Service, during the validity period of the Service.
  • (3) There are no false statements, misrepresentations, or incorrect matters in any of the User Application Information or any other information or materials submitted by User to Colorkrew.
• 2. The User fully appreciates and understands the nature of the Service, and accordingly the User shall use this Service under the User’s own judgment and responsibility, and pursuant to these Terms.

Article 18 (Utilization of Data Regarding Service Use)

The User hereby acknowledges that, for the purpose of any of Colorkrew's marketing activities, Colorkrew may use any data accumulated in the Service Site, such as QR codes provided by the User to its Employees using the Service, User’s Service usage history, or User’s Service usage frequency, etc. With respect to the use of such marketing activities, Colorkrew shall comply with Article 25 (Handling of Personal Information) and take measures in respect of the handling of Personal Information, such as avoiding the identification of individuals.

Article 19 (Management of Administration IDs and Employee IDs)

• 1. The User shall, under its own responsibility and expense, strictly manage all its Administrator IDs and Employee IDs (including, but not limited to taking appropriate measures such as periodically changing passwords as appropriate) and shall not disclose, rent or share any Administrator ID or Employee ID to any third party other than its Employee who uses the relevant Administrator ID or Employee ID pursuant to these Terms. Colorkrew shall not be liable in any way whatsoever for any damage incurred by the User or any third party that arises due to due to inadequate management of any Administrator ID or Employee ID, errors in use, use by third parties, etc.
• 2. If a third party uses this Service using the User’s Administrator ID or Employee ID, such act shall be deemed to be an act by the User and the User shall be liable to Colorkrew in respect of such act. In addition, if Colorkrew incurs damages as a result of such act, the User shall compensate Colorkrew for such damages. However, this shall not apply in the event that the use of such Administrator ID or Employee ID is a result of the intentional act or omission or negligence of Colorkrew.

Article 20 (Use of Cookies)

Colorkrew may use Cookies in order to provide this Service. The User hereby consents to the use of Cookies in the devices or equipment or facilities of the User and/or its Employee.

Article 21 (Prohibited Acts)

• 1. The User shall not, at any time, perform any of the following acts regarding the use of this Service:
  • (1)Analyzing, modifying, falsifying or erasing the contents of the Service Site and the information contained in the Service Facilities, etc.;
  • (2) Providing or reselling all or part of this Service to a third party;
  • (3) Acts that infringe or may infringe upon Colorkrew or third-party copyrights, trademarks, and other intellectual property rights and other rights;
  • (4) Acts that cause serious damage to the Service or the Service Facilities, etc., such as sending harmful computer programs such as viruses;
  • (5) Acts that interfere with the operation of this Service;
  • (6) Acts that are against public order and morals, or that provide information to third parties that is against public order and morals;
  • (7) Criminal acts or acts that aid and abet other criminal acts.
  • (8) Other acts that are in violation of applicable laws or regulations;
  • (9) Acts that cause inconvenience or disadvantage to Colorkrew or other users of this Service and/or third parties;
  • (10) Acts that violate the contents of these Terms; or
  • (11) Any other act that Colorkrew deems inappropriate based on objective facts.
• 2. If Colorkrew determines that the User has committed an act that falls under any of the items of the preceding paragraph, Colorkrew may under its own sole discretion take any of the applicable measures prescribed in Article 11 (Cancellation by Colorkrew).

Chapter 6: Colorkrew Obligations, etc.

Article 22 (Duty of Care)

Colorkrew shall provide the Service with under a duty of care during the term of use of the Service under these Terms.

Article 23 (Issues regarding the Service Facility, etc.)

• 1. When Colorkrew learns that there is a problem with the Service Facility, etc., Colorkrew shall notify the User within a reasonable time.
• 2. When Colorkrew discovers that there is a failure in the Service Facility, etc. installed by Colorkrew, Colorkrew will repair or restore the Service Facility, etc. within a reasonable period of time.
• 3. If Colorkrew discovers that there is a problem with the telecommunications line that is connected to the Service Facility, etc., Colorkrew shall instruct the relevant telecommunications carrier that provides the telecommunications line to repair or restore such line.
• 4. In addition to the above, when the User or Colorkrew discover a malfunction in this Service, such party shall notify the other party within a reasonable period of time, and in such event, Colorkrew and the User shall in good faith consult with each other to determine the countermeasures to be taken by each party.

Chapter 7: Handling of Confidential Information

Article 24 (Handling of Confidential Information)

• 1. The User and Colorkrew (hereinafter the “Receiving Party”) shall be keep strictly confidential any and all technical, business, financial and other materials and information of the other party (hereinafter the “Disclosing Party”) that such Receiving Party receives or otherwise becomes aware of in relation to the performance of the provisions of these Terms, and that is in the form of a writing that indicates that such written materials or information is confidential information, or that is in the form of an oral communication and regarding which the Disclosing Party notifies the Receiving Party in writing, within 30 days after the time of such oral communication, that such oral communication is confidential (hereinafter referred to as the “Confidential Information”), and, without the prior written consent of the Disclosing Party, shall not disclose any of the Disclosing Party’s Confidential Information to any other third party (provided, however, that disclosures to a Third Party Subcontractor pursuant to Article 6, Paragraph 4 of these Terms is permitted).
• 2. Regardless of the provisions of the preceding paragraph, this Article shall not apply to cases where information falls under any of the following items:
  • (1) Information that is already in the public domain at the time of disclosure;
  • (2) Information that, regardless of whether it is before or after disclosure, falls into the public domain for a reason that is not the violation or breach of these Terms;
  • (3) Information that was already known by the Receiving Party at the time of disclosure;
  • (4) Information legitimately obtained from a third party without any obligation of confidentiality;
  • (5) Information required to be disclosed by law; or
  • (6) Information developed and created independently and without reliance upon the disclosed Confidential Information.
• 3. User may disclose Colorkrew’s Confidential Information only to its own Employees who have a need to know the Confidential Information; in such case, User shall have such Employee comply with the obligations of confidentiality set forth in these Terms, and Colorkrew may disclose the User’s Confidential Information only to Colorkrew’s employees, directors, officers or other equivalent persons (hereinafter the “Colorkrew Employee”) who have a need to know the Confidential Information; in such case, Colorkrew shall have such Colorkrew Employee comply with the obligations of confidentiality set forth in these Terms.
• 4. The User and Colorkrew shall not, without obtaining the prior written consent of the other party, use the Confidential Information of the other party for any purpose other than the performance of the Service and these Terms.
• 5. The provisions of this Article shall survive the end of the Service and these Terms (regardless of the reason of such end) and shall remain valid and effective after such end.

Article 25 (Handling of Personal Information)

• 1. With respect to any Personal Information of any Employee of the User that Colorkrew obtains upon the performance of this Service, Colorkrew shall use the Personal Information only within the scope of the intended purpose and shall not disclose or leak such Personal Information to a third party.
• 2. In the event that the User entrusts Personal Information to Colorkrew, the User represents and warrants to Colorkrew that the User has taken appropriate measures to appropriately acquire and use the Personal Information, and that the User has acquired and used the Personal Information in accordance with the Act on the Protection of Personal Information.
• 3. In the event of the preceding paragraph, and if Colorkrew then re-entrusts the Personal Information to a Third Party Subcontractor, Colorkrew shall have the Third Party Subcontractor be obligated under obligations regarding the handling of Personal Information that are of the same degree as the obligations of Colorkrew under these Terms and under the Use Agreement, etc., and further, Colorkrew shall be obligated to supervise the handling of Personal Information by the Third Party Subcontractor.

Chapter 8: Compensation for Damages, etc.

Article 26 (Damages Liability)

• 1. In the event that the User incurs damages due to Colorkrew’s breach of these Terms, and where the damages are ordinary, direct and actual damages that actually and directly arise due to a direct reason that is attributable to Colorkrew, then Colorkrew shall compensate such damages. Provided that in any case where Colorkrew is liable for compensation of damages, Colorkrew’s liability shall in no way exceed the amount of the usage fees for 1-month period in respect of the month in which the event giving rise to such damages occurred. However, the foregoing limitation of liability shall not apply in the event of Colorkrew’s intentional act or gross negligence.
• 2. In the event that Colorkrew incurs damages due to the Use’s improper use of the Service or the User’s breach of these Terms, the User shall compensate such damages.

Article 27 (Disclaimer)

• 1. Colorkrew's liability with respect to this Service or these Terms shall, in all cases, and regardless of reason, be limited to the scope of Article 26 (Damages Liability), and furthermore, Colorkrew shall not be liable in any way whatsoever with respect to any damages incurred by the User for any reason set forth below, regardless of whether the claim is based in tort, contract, or any other legal theory:
  • (1) Force majeure such as natural disasters, disturbances, riots, etc.;
  • (2) Damages that arise due to a decrease in the response time of the User’s site;
  • (3) Failure of the User’s connection environment, such as failure of the User’s equipment or failure of the Internet connection service that is used in the use of this Service;
  • (4) Damage caused by performance values of Internet connection services such as response time from this Service Facilities, etc.
  • (5) In the case that Colorkrew installs computer virus countermeasure software that is from a third party, where there is damages caused by a computer virus that invades the Service Facilities, etc. that is of a type whose virus pattern or virus definition file, etc. was not provided to Colorkrew by such third party;
  • (6) Unauthorized access or interception of communication paths or attack on the Service Facilities, etc. by a third party, which cannot be protected against even with the exercise of sound caution;
  • (7) Damages caused by the User's failure to comply with Colorkrew procedures and security measures;
  • (8) Damages caused by software (OS, middleware, DBMS, etc.) that are contained in the Services, etc. but that are otherwise due to a reason not attributable to Colorkrew (such as, for example, such software was manufactured by a third party);
  • (9) Damage caused by hardware that are contained in the Service Facilities, etc. but that are otherwise due to a reason not attributable to Colorkrew (such as, for example, such hardware was manufactured by a third party);
  • (10) Damage caused by malfunction of the telecommunications service provided by telecommunications carrier;
  • (11) Any compulsory disposition pursuant to provisions of Article 218 of the Criminal Procedure Act (seizure, search, verification by warrant) or the Act on Wiretapping for Criminal Investigations, or any other compulsory disposition pursuant to court order or law or regulation;
  • (12) Events such as accidents or occurrences of loss during delivery of goods due to reasons that are not attributable to Colorkrew;
  • (13) Any reason that is attributable to the Third Party Subcontractor and where there is no negligence or fault on the part of Colorkrew (including in respect of the appointment and supervision of the Third Party Subcontractor, etc.); or
  • (14) Any other reasons not attributable to Colorkrew.
• 2. Colorkrew shall not be liable in any way whatsoever in regard to any dispute, etc. arising between the User and a third party (including any Employee), due to the use of this Service by the User.

Chapter 9: Miscellaneous

Article 28 (No Assignment)

The User may not, either directly or indirectly, either in whole or in part, assign or delegate, or otherwise put up as security or collateral, any of its rights, obligations, or claims, pursuant to these Terms, to a third party, without the prior written consent of Colorkrew.

Article 29 (Trademark)

Trademarks, logos, and service marks (collectively referred to as “Trademarks”) displayed on the Service Site are registered Trademarks or Trademarks owned by Colorkrew. Colorkrew does not grant any license to the User or any other third party, with respect to any such Trademark owed by Colorkrew.

Article 30 (Intellectual Property Rights, etc.)

• 1. Any and all intellectual property rights and any other rights in respect of the Service, and in respect of any software, hardware, manuals, know-how, databases, and all other copyrighted material that are developed by Colorkrew (or the Third Party Subcontractor as the case may be) (hereinafter the “Colorkrew IP Rights”) shall be owned by Colorkrew (or, where the ownership belongs to the Third Party Subcontractor or a third party, then the Third Party Subcontractor or such third party as the case may be). The User hereby acknowledges that all Colorkrew IP Rights are protected under the relevant and applicable laws, including the Copyright Act, Patent Act, Trademark Act, and any other applicable laws or regulations or treaties or governmental orders or court decisions, etc.
• 2. The User shall not, without the prior written consent of Colorkrew, use any of the Colorkrew IP Rights for purposes other than the use of this Service pursuant to these Terms. In the event that Colorkrew (or the Third Party Subcontractor or a third party, as the case may be) incurs damages due to the act of the User that infringes upon any of the Colorkrew IP Rights (or the Third Party Subcontractor or a third party, as the case may be), then the User shall be liable regarding the compensation of all such damages.
• 3. Any and all rights regarding all opinions, suggestions and ideas and other information submitted to Colorkrew in writing or by e-mail or other means in the process of providing and using the Service shall belong to and shall be owned by Colorkrew. In such case, Colorkrew shall be under no obligation whatsoever to make any payment of any kind to the User or to any third party as consideration for such rights.
• 4. Any and all rights relating to User data shall be held by the User (or a third party that is original rights holder, as the case may be).

Article 31 (Governing Law)

The establishment, effectiveness, performance and interpretation of these Terms shall be governed by the laws of Japan, without regard to any conflict of laws principles.

Article 32 (Consultation and Court of Jurisdiction)

• 1. If there is any dispute between the User and Colorkrew that arises out of or otherwise is related to these Terms, or if there are any doubts regarding any matter set forth in these Terms, or any doubts regarding the interpretation of any matter set forth in these Terms, or if there are otherwise any matters that are not stipulated in these Terms, the User and Colorkrew shall seek to resolve such matter upon mutual consultation in good faith.
• 2. In the event that Colorkrew and the User are unable to resolve any matter that is described in the preceding paragraph, then the Tokyo District Court shall be the exclusive jurisdiction court of the first instance with respect to such matter.

Supplementary provisions

• ・These Terms take effect as of September 3, 2019
• ・Revised March 1, 2020; such revised Terms take effect as of such date
• ・Revised April 1, 2020; such revised Terms take effect as of such date
• ・Revised June 1, 2020; such revised Terms take effect as of such date
• ・Revised November 10, 2020; such revised Terms take effect as of such date
• ・Revised November 10, 2021; such revised Terms take effect as of such date
• ・Revised November 24, 2022; revised terms effective December 9, 2022.

<Service list>

Service plans * For countries other than EEA (European Economic Area)

• (Note 1) The system limit is 1,000, but it can be changed if you contact us.
• (Note 2) "Trial Plan" is a plan that provides free use of all functions for up to 100 users for 30 days from the date of application (but subject to the provisions of these Terms, including Article 9). If you do not wish to change to a paid plan after trial plan ends, you will be transferred to a free plan (pursuant to these Terms, including Article 9). At that time, 4 or more QR code registrations created in the trial plan are automatically deleted. (The number of QR codes registered will remain 3 in the order of registration.)
• (Note 3) If the number of User registrations is 0 on the day of calculation, the minimum usage fee for one (1) User registration will be paid.
• (Note 4) "Graphics function" is a function that visualizes assets usage status, office seating chart, and seat analysis.

* Please contact Colorkrew if you want a paid plan. The payment method will be credit card or invoice.