Article 1 (Definitions):
As used in these Terms of Service, the following terms shall be defined as follows:
1) “User” means a corporation or individual who has agreed to the Terms of Service and who has successfully completed the application procedure for using the Service that Passlogy Co., Ltd. has prescribed separately from these Terms of Service.
2) "Website" means the website (https://www.4login.jp/) operated by Passlogy Co., Ltd.
3) "Service" means the service that is called 4Login and the 4Login My Page component of the Website, both of which are provided by Passlogy Co., Ltd.
4) “App” means the application and related software that is used for the provision of the Service and operated by Passlogy.
5) “Passlogy” means Passlogy Co., Ltd., the company that provides the Service.
6) “Pattern” means the sequence of 4 cells that the User has selected from the 5×5 grid displayed in the App for the purpose of verifying his or her identity and has registered with the Service during the initial registration for the Service or by using the pattern editing function available in the App.
7) “User Information” means the information that the User has registered with the App such as his or her email address, Pattern, or other such information.
8) “Personal Information” means information that can be used to identify a specific individual user, including information that can be used to identify a specific individual user by combining it with other information.
9) "User Attribute Information" means information pertaining to Users, exclusive of Personal Information, such as services used, products purchased, pages or advertisements viewed, time of use, method of use, environment of use.
Article 2 (Terms of Service):
These Terms of Service apply to every User and must be observed once a User begins to use the Service.
Article 3 (Application for Using the Service, Commencement of Service Provision, Period of Service Provision):
1) If Passlogy receives an application to use the Service in accordance with the application procedure separately prescribed by Passlogy and accepts the application to use the Service, after having completed the assessment of the application in accordance with the prescribed application procedure, Passlogy will notify the applicant that the application has been accepted. Once the notification that the application has been accepted has been successfully delivered to the applicant, Passlogy's acceptance of the application to use the Service will come into effect, the applicant will become a User of the Service, and a contract of use that is governed by these Terms of Service (the "Contract"), will come into effect. The provision of the Service will commence once the email address of the User has been verified and the membership registration process has been completed successfully.
2) In principle, the Service is available 24 hours a day, every day of the year, however, Passlogy reserves the right to temporarily suspend or discontinue the provision of the Service without prior notice to the User due to updates or changes to the Service, system maintenance or inspection, failure or stoppage of communication lines, power outages, security measures, natural disasters, or unavoidable circumstances. By agreeing with the Terms of Service, the User thereby agrees to accept that the Service is subject to such restrictions.
Article 4 (Company Disclaimer):
1) Passlogy shall not be liable to the User or a third party for any delay or impedance to the performance of these Terms of Service due to the occurrence of a natural disaster, war, civil disturbances, sudden and significant changes in economic conditions, amendments or repeals to laws or regulations, orders by public authorities, industrial disputes, transportation accidents or force majeure causes.
2) In the event that the User causes damage to another user of the App or a third party when using the App, the User shall resolve the issue at his or her own expense, and Passlogy shall not be held responsible or liable for such damage.
3) Pursuant to Section 1 of Article 15, Passlogy shall not be liable for any loss or corruption of Data stored on any of its servers.
4) If the Contract falls under the definition of "Consumer Contract" given in Section 3 of Article 2 of the Consumer Contract Act of Japan (Act No. 61 of 2000), the provisions of these Terms of Service that disclaim all liability do not apply. If the Contract falls under the definition of "Consumer Contract" given in Section 3 of Article 2 of the Consumer Contract Act of Japan (Act No. 61 of 2000) and Passlogy is liable for damages for a default or tort, the liability is limited to direct damages up to the amount actually incurred by the User, except in any case where Passlogy has been intentionally or grossly negligent or in special cases where damages have arisen that were foreseen or could have been foreseen.
5) Passlogy does not guarantee that email sent from its webpages, servers, domains etc., do not contain harmful material such as computer viruses.
6) Passlogy may provide the User with information from time to time, but it does not accept any liability for doing so.
Article 5 (Equipment Required for Using the Service):
The User shall prepare and manage the equipment and environment that is necessary for using the Service. Passlogy shall not be liable for any delay or unavailability of the Service due to the malfunctioning of this equipment or environment.
Article 6 (Right to Use):
Passlogy grants the User a non-exclusive license to download and use the App on a mobile device (“Mobile Device”) that is compatible with the App such as the User’s smartphone under the terms and conditions of these Terms of Service. Passlogy does not guarantee that the App will be compatible with every Mobile Device.
Article 7 (Scope of Right to Use):
1) The User may only use the App in conjunction with products and services that have been provided by Passlogy and for the intended purpose of the App, and may not use the App for any other purposes such as sales, distribution or development purposes.
2) The User shall only use the App in the state provided by Passlogy and shall not copy, alter, modify, or adapt the App.
3) The User may not copy, alter, modify, or adapt any part or all of the set of programs that comprise the App licensed by Passlogy and may not disclose this information to a third party.
4) If the User's registration is cancelled or the User withdraws from the Service, pursuant to Articles 13 and 14, respectively, uninstallation of the App shall be conducted at the User's own risk.
Article 8 (Management of User Login Information):
The User is responsible for managing his or her own login information, such as the Pattern or passwords. In no event shall Passlogy be liable for any consequential damages incurred by the User or a third party. In the event that the User has knowledge of misuse or unauthorized use of login information, the User shall promptly notify Passlogy about this misuse or unauthorized use of login information.
Article 9 (Prohibitions):
The User is prohibited from performing any of the following acts in relation to his or her use of the App:
(i) Violate laws or the terms and conditions of these Terms of Service.
(ii) Damage the rights, interests, or reputation of Passlogy or any third party.
(iii) Write or send malicious material such as malware or malicious emails.
(iv) Access Passlogy’s servers or any other computer without proper authorization, perform any operation with the App or Website that has not been officially prescribed, or perform any other operation with the App or Website that violates the stipulations of these Terms of Service, such as using the credentials of another user of the App in an improper manner.
(v) Provide any of the informational materials of the Service to a third party by means of reproduction, republication, transmission, or distribution without permission from Passlogy.
Article 10 (Handling of Information of the User):
2) Passlogy shall use the information of the User within the scope of the following purposes:
(i) To provide updates, maintenance information and important notices relating to the Service.
(ii) To respond to queries or requests received from the User; such responses may make use of the User's attributes or the information contained in the received query or request.
(iii) To generate aggregated statistical data.
(iv) To improve the Service or to create new services.
(v) To customize the Service or related advertising or media content.
(vi) In order to enable the User to conveniently submit data to a Web service that supports or utilizes the Service, the email address that the User has registered with the Service may be displayed on the registration screen of the App or may be transferred to the Web service on condition that the User has authorized and requested the transfer.
3) Passlogy will not disclose the Personal Information of the User to a third party without receiving consent from the User.
4) Notwithstanding the preceding section, if Passlogy receives a legal request to provide the information of the User e.g. a court order, Passlogy may provide the minimum amount of information of the User to a third party insofar as the provision of the information is required to comply with the legal request.
Article 11 (Paid Service)
The Service includes both free services that can be used free of charge and a paid service that can be used for a fee. Some features of the paid service can be used free of charge.
Article 12 (Service Fees)
1) The fees for the paid service shall be stated separately on the Service or on the Website.
2) Passlogy may change the fees for the paid service by providing notification to the User of the paid service, in a manner prescribed by Passlogy, one month prior to the change, without obtaining the prior consent of the User of the paid service for the change in fees on condition that the change in fees relates to future fees and that the change in fees is not retroactive.
3) If the User does not agree to the change in fees, Passlogy is not obliged to continue to provide the Service to the User. If the User continues to use the Service after the fees for the paid service have been changed, the User shall thereby be deemed to have agreed to the change in fees for the paid service.
4) The payment of the fees for the paid service shall be made in accordance with the method prescribed by Passlogy.
5) Under no circumstances, will Passlogy refund any fees that it has received from the User.
Article 13 (Withdrawal from the Service)
The User can withdraw from the Service by following the withdrawal procedure prescribed by Passlogy. If the User withdraws from the Service, the User shall lose all right of use rights relating to the Service and shall not acquire any rights against Passlogy.
Article 14 (Suspension or Revocation of Right of Use):
Passlogy may immediately suspend or revoke, without prior notice, the User’s right to use the Service, if Passlogy deems the User to have done any of the following:
(i) Acted in violation of the law or any of the terms of these Terms of Service.
(ii) Acted in a way that amounts to a misconduct in relation to use of the Service.
(iii) Acted in such a way that Passlogy deems it appropriate to suspend or revoke the User's right to use the Service.
(iv) Not used the Service for a period of more than 6 months. A user that has continued to apply and pay for the paid Service will be exempt from this condition.
In no event shall Passlogy by liable for any damages incurred by the User as a result of a suspension or revocation of the right to use the App.
Article 15 (Data Usage and Deletion):
1) The User agrees in advance that the various forms of information obtained by the User’s inputs to the Service or by the User’s use of the App (“Data”) may be stored locally on the User’s Mobile Device or on Passlogy’s servers.
2) Passlogy may generate statistical aggregated data from the Data and provide this statistical aggregated data to third parties.
3) Pursuant to Articles 13 and 14, if the User withdraws from the Service or Passlogy suspends or revokes the User's right to use the Service, the associated Data can be stored on or deleted from Passlogy's servers at Passlogy's discretion and can be continued to be used for the purpose of generating and reporting statistical aggregated data.
Article 16 (Changes or Discontinuation of the Service):
1) Passlogy may at its discretion change or discontinue all or part of the Service. If the change or discontinuation does not conform to the general interests of the User, Passlogy will provide notice of the change or discontination to the User, in a manner prescribed by Passlogy, at least one month prior to the point at which the change or discontinuation will come into effect
2) If the user does not agree to the change or discontinuation, Passlogy is not obligated to continue to provide the Service to the User. If the User continues to use the Service after the change or discontinuation to the Service has come into effect, the User will thereby be deemed to have agreed to the change or discontinuation to the Service.
Article 17 (Amendment):
1) Passlogy may at its discretion amend these Terms of Service without any obligation to provide prior notice. If the amendment to the Terms of Service does not conform to the general interests of the User, Passlogy will provide notice of the amendment to the User, in a manner prescribed by Passlogy, at least one month prior to the point at which the amendment will come into effect.
2) If the user does not agree to the amendment, Passlogy is not obligated to continue to provide the Service to the User. If the User continues to use the Service after the amendment to the Terms of Service has come into effect, the User will thereby be deemed to have agreed to the amendment.
Article 18 (Notice):
1) Email is the principal mode of communication by which Passlogy will communicate with the User and by which Passlogy will send notices to the User. Passlogy will use the primary email address that the User has registered with the Service by using the email address registration procedure that is prescribed by Passlogy and provided as part of the Service for sending communications and notices.
2) The User agrees in advance that Passlogy may send advertisements for products and services of Passlogy or of a third party to the primary email address that the User has registered with the Service.
3) Pursuant to section 1 of this Article, Passlogy shall only send email communications and notices to the primary email address that the User has registered with the Service and is under no obligation to send email communications or notices to an email address that a User has not registered as a primary email address with the Service. An email communication or notice from Passlogy to the User is considered delivered by Passlogy and received by the User when Passlogy sends the email communication or notice to the primary email address that the User has registered with the Service.
Article 19 (Prohibition of Assignment and Confidentiality):
The User may not transfer any rights or obligations arising from these Terms of Service to any third party without obtaining prior consent from Passlogy. The User must maintain confidentiality of any of Passlogy’s confidential information that he or she obtains in relation to these Terms of Service.
Article 20 (Intellectual Property Rights):
1) Passlogy owns all of the patent rights, copyrights, and other intellectual property rights relating to the functions of the Service and the software that realizes those functions, and to the documentation or informational content pertaining or related to the Service, such as information published about the Service on the Website or in any user manuals or terms of service. These Terms of Service do not grant any rights, implied or otherwise, to the User to any of Passlogy’s intellectual property other than those rights expressly stated in these Terms of Service.
2) The User owns any and all intellectual property that pertains to his or her Data.
3) By starting to use the Service the User shall thereby be deemed to have agreed to Section 1 and Section 2 of this article.
Article 21 (Non-Waiver and Severability):
1) The failure to exercise or enforce any of the rights set forth in these Terms of Service shall not constitute a waiver of these rights.
2) If any of the provisions of these Terms of Service is determined to be invalid, illegal, or unlawful in a any jurisdiction, the remainder of the provisions shall remain in full force and effect.
Article 22 (Full Agreement):
This agreement constitutes the full agreement between Passlogy and the User, notwithstanding any prior written or email negotiations, promises or understandings.
Article 23 (Language):
Article 23 (Governing Law and Jurisdiction):
These Terms of Service shall be governed by, and construed and enforced in accordance with, the laws of Japan. The User and Passlogy agree that any action related to these Terms of Service shall be brought in the Tokyo District Court, Japan.
These Terms of Service shall come into effect on October 24, 2014.
Established: October 10, 2014.
Revised: April 10, 2015.
Revised: April 1, 2020.
Revised: March 30, 2022.
Passlogy Co., Ltd.