SHISHI Terms of Use
The Japanese original is authoritative; this translation is provided for reference only.
These SHISHI Terms of Use govern the conditions under which a user (as defined below) may use each industry-specific service that Kurashi Tech Co., Ltd. (the “Company”) provides under the name “SHISHI.”
Regardless of whether an application to use the Services has been submitted, any use of the Services (including use of any function provided through the Services) constitutes agreement to these Terms. Please review these Terms carefully before using the Services.
Article 1 The Services
1. “Services” means all individual industry-specific services provided by the Company under the name “SHISHI” (including any successor name), together with any ancillary or related services designated by the Company. Individual Services may, for example, integrate with systems supplied by other businesses, combine information entered into those systems with information entered into the Services, and provide functions such as information processing required in a particular industry, database construction, output, alerts, and schedule management. The Company may add, remove, or change functions, restrictions, specifications, and usage rules for the Services at any time at its discretion.
2. “User” means a business or other entity that applies to use the Services using an application form, an online application screen established by the Company, or another application method prescribed by the Company (collectively, an “Application”).
3. In using the Services, a User may use information entered into systems that the User uses independently of or in connection with the Services, including services and applications provided by other businesses. The User may also enter information into generative AI services such as ChatGPT or Gemini or use information generated from that input. When using a service (an “External Service”) provided by another business that is linked to or used in connection with the Services (an “External Provider”), the User must, at its own cost and responsibility, ensure the legality of using the External Service and its results and comply with the terms governing the relationship between the User and the External Provider (“External Terms”). The User must handle and resolve, at its own responsibility, any transaction, communication, or dispute with an External Provider, another user, or any other third party. Unless directly caused by the Company’s willful misconduct or gross negligence, the Company accepts no liability for such disputes, and the User must use the Services with prior acceptance of these conditions.
4. Depending on when use begins, all or part of the Services may be a monitor, beta, or other trial version that has not entered full operation. Such trial versions may be more likely than the fully operational Services to contain defects such as bugs or errors, and the User must use them with full awareness of that possibility.
Article 2 These Terms
1. The User must agree to these Terms and apply to use the Services by the method prescribed by the Company. Any separate terms, price lists, policies, manuals, specifications, usage rules, FAQs, and similar materials established by the Company for the Services form part of these Terms and apply together with them. If any such material conflicts with these SHISHI Terms of Use, that separate material prevails, and the User must review it carefully in advance.
2. The license agreement for the Services between the User and the Company that incorporates these Terms (the “Service Agreement”) is formed when the Company accepts the application under the preceding paragraph.
3. The User may use the Services only in accordance with the Service Agreement incorporating these Terms. If these Terms conflict with an agreement made between the User and the Company before the User began using the Services, these Terms prevail unless that agreement is stated in the Application. Matters stated in the Application also form part of these Terms and prevail over these SHISHI Terms of Use and the separate materials described in the preceding paragraph.
Article 3 Notices from the Company
1. As a general rule, all notices from the Company to the User concerning the Services will be given on a website for the Services, including an official website, administration screen, push notification, or application, or by email to the address reported by the User, including Slack, Chatwork, or another communication tool if accepted by the Company. A notice becomes effective when the Company sends it. If reported information changes, the User must notify the Company by the prescribed method in advance or immediately after the change.
2. If a method other than those in the preceding paragraph is used, the notice becomes effective when the period reasonably required for it to reach the User has elapsed.
3. A notice becomes effective under the preceding two paragraphs regardless of whether the User actually receives or recognizes it.
Article 4 Grant of License
1. Subject to the User complying with these Terms and all other usage conditions prescribed by the Company, providing information the Company requires for use of the Services, and taking required actions such as configuring integration with an External Service or installing a specified system on the User’s device, the Company licenses the User to use the Services within the scope applied for. The Services include all modifications, changes, and corrections made after use begins.
2. Notwithstanding the preceding paragraph, the Company may permit use even if the User cannot provide all requested information. In that case, the User acknowledges in advance that disadvantages may arise, including restricted functionality and reduced reliability of results, and that the Company bears no liability for them. The Company also bears no liability for circumstances attributable to the User, including information provided or actions taken by the User, or for resulting disadvantages.
3. In using the Services, the User must, at its own cost and responsibility, comply with all applicable laws, including the APPI, and complete all rights-clearance procedures necessary to avoid infringing third-party rights.
4. The User may not sublicense use of the Services.
Article 5 Term of Use
1. The term of use of the Services is specified in the Application.
2. Unless either the User or the Company gives notice of intent to terminate the Service Agreement at least one month before the term expires (the User must give notice by the method prescribed by the Company), the Agreement automatically renews for the same term on the same conditions, and the same applies thereafter.
3. The User may terminate the Service Agreement by notifying the Company by the prescribed method. If the Service Agreement or the Company separately establishes conditions for termination, the User must comply with them.
Article 6 Fees
1. A User wishing to use the Services must pay the applicable fees. Except as specified in the Application, fees will be separately prescribed by the Company in a price list or otherwise according to the scope of services and other factors designated by the Company. Where the Company considers appropriate, it may provide functionality for reviewing or changing fees through an administration screen or similar interface.
2. Fees will not be prorated unless otherwise specified in the Application, including where use ends partway through a month.
3. The Company may change fees, including fee-calculation rules, after notifying the User in advance, based on changes in the scope of services, economic conditions, or other circumstances. If the User uses the Services after notice, including by not terminating the Service Agreement, the User acknowledges in advance that the revised fees apply from the change date set by the Company.
4. Unless the Company provides automatic plan changes, the User must report each actual or anticipated plan change to the Company by the prescribed method in accordance with the price list and other conditions. If the User fails to report and thereby avoids all or part of the fees, it must immediately pay the difference between the fees that should have been paid and those already paid, together with late-payment damages through the payment date.
Article 7 Infrastructure and Equipment
The User must, at its own responsibility and expense, prepare, install, configure, and maintain all infrastructure and equipment required by the Company to use the Services, including servers, application tools, and other systems. The Company bears no liability for any disadvantage suffered by the User or persons related to the User, including the User’s customers (collectively, “Customers”), because of a breach of this obligation, and the User acknowledges this in advance.
Article 8 Prohibited Conduct and Related Matters
1. When using the Services, the User must not engage in any of the following conduct. Subject to prior written notice to the User, the User also agrees that the Company may audit the User to confirm compliance with these Terms and must cooperate with an audit request.
(1) Using the Services by a method or in a manner that may violate these Terms, guidelines, manuals, or similar materials
(2) Copying or modifying all or part of the Services, except where expressly permitted by these Terms or authorized by the Company in writing
(3) Reverse engineering, disassembling, decompiling, tracing, or debugging the Services, except where expressly permitted by these Terms or authorized by the Company in writing
(4) Removing intellectual-property notices or trademarks from the Services
(5) Disclosing information contained in the Services to a third party, excluding an authorized sublicensee, without the Company’s prior written consent
(6) Allowing a third party, excluding an authorized sublicensee, to use the Services for or without consideration by lease, rental, transfer, quotation, sublicense, resale, or any other method without the Company’s permission
(7) Using the Services for a third party, excluding an authorized sublicensee, or making secondary commercial use or display or disclosure to the general public without the Company’s prior written consent
2. The Company may suspend the User’s use of the Services if it discovers that any of the following applies:
(1) The User is not an actual person or organization
(2) The User has previously breached an agreement to use a Company product, including the Services
(3) Information supplied to the Company is false, erroneous, or incomplete
(4) The User is a minor, an adult ward, a person under curatorship, or a person under limited guardianship, and the commencement procedure was not performed by an adult guardian or consent was not obtained from a legal representative, curator, or limited guardian
(5) The User’s use of the Services causes operational or technical impediments to the Company
(6) An officer, employee, or customer of the User constitutes an Anti-Social Force as defined in Article 15, Paragraph 1
Article 9 Warranties
The Services are provided to the User as is. The Company makes no express or implied warranty, representation, promise, or other assurance concerning the Services, including any warranty of operation; absence of defects or errors; fitness for a particular purpose or equipment; suitability or reliability of results; accuracy of filtering, integration, or conversion results; satisfaction of the User’s requirements by category classifications prescribed by the Company; uninterrupted internet connectivity; or non-infringement of third-party rights.
Article 10 Changes to Specifications
1. The Company may, at its discretion and even after the User begins using the Services, change the specifications or other aspects of the Services, including adding, abolishing, or changing functions, changing designs, rewriting programs, or changing database specifications. The Company is not obligated to obtain consent from the User or Customers and will notify the User of the details and timing by a method it considers appropriate.
2. The Company bears no liability for any disadvantage suffered by the User or Customers as a result of a change under this Article.
Article 11 Subcontracting
The Company may, at its own responsibility, subcontract all or part of the work relating to the Services provided under the Service Agreement to a third party.
Article 12 Handling of Data
1. Messages exchanged through the Services are transmitted through an electronic bulletin board managed by the Company. The User acknowledges in advance that the parties exchanging the messages and the Company can view them, and that the Company may review and use them as necessary to monitor violations of these Terms or laws and to operate and improve the Services, including developing related services.
2. Personal information acquired by the Company through the User’s use of the Services (meaning personal information under the APPI) will be handled in accordance with the Company’s separate Privacy Policy. By using the Services, the User consents to the Company’s handling of personal information under that Privacy Policy and must obtain the consent of the individuals to whom that personal information relates.
3. The User must, at its own responsibility, back up any data, content, usage records, and other information entered or provided in connection with the Services (collectively, “Data”) that it considers important. The Company has no obligation to back up Data.
4. Even where the Company stores certain Data, it may delete all or part of that Data at its discretion upon termination of the Service Agreement or after a separately prescribed retention period. The Company is not liable for any disadvantage suffered by the User or its Customers as a result.
5. The User acknowledges in advance that the Company may publish or reproduce, on websites, in newspapers, magazines, books, or other media, or otherwise use in its business activities, information about corporations and organizations, information from which an individual who is the subject of personal information cannot readily be identified, information about use of the Services, and statistical or analytical data created from such information.
6. The Company may provide a third party entrusted with all or part of the work relating to the Services with information about the User, including Confidential Information and personal information, to the extent necessary to achieve the purpose of the outsourcing, and the User acknowledges this in advance.
Article 13 Interruption and Suspension
1. The Company may interrupt or suspend provision of the Services to the User and Customers without prior notice in any of the following cases:
(1) A failure occurs in computers, servers, systems, telecommunications equipment, or similar facilities relating to the Services (the “System”)
(2) Maintenance, inspection, or similar work on the System is required
(3) A telecommunications carrier interrupts or suspends telecommunications service
(4) Provision is impossible due to an earthquake, lightning, fire, flood or storm, power outage, natural disaster, or other force majeure
(5) The System malfunctions or is accessed without authorization by a third party
(6) The Services or System cannot be used because of a measure under a law or an order of a government agency
(7) A system on the User’s side, including an external system, malfunctions or fails to integrate properly
(8) The Company otherwise determines that interruption or suspension of the Services or System is necessary
2. When interrupting or suspending provision for a reason in the preceding paragraph, the Company will endeavor to notify the User in advance, except in an emergency.
3. The Company bears no liability for any disadvantage suffered by the User or Customers because of an interruption or suspension for a reason in Paragraph 1.
Article 14 Termination
If the User or a Customer falls under any of the following items, the Company may immediately terminate the Service Agreement without notice or demand. If the User falls under any item below or the Agreement is terminated under the following Article, the User automatically loses the benefit of time and must immediately pay all monetary obligations owed to the Company.
(1) Breaching any provision of these Terms
(2) Committing a material breach of contract or betrayal of trust that makes continuation of the Service Agreement difficult, such as reporting false information or failing to pay fees
(3) Violating applicable law or engaging in conduct contrary to public order or morals
(4) Suspending payment, becoming unable to pay, becoming subject to a petition to commence bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation proceedings, receiving a disposition suspending transactions by a clearinghouse, or becoming subject to an order or notice of provisional attachment, preservative attachment, or attachment
(5) Otherwise undergoing a change in assets, credit, business, organization, structure, or similar circumstances that is reasonably likely to make performance of obligations under these Terms difficult
(6) Any other circumstance that the Company determines makes continuation of the Service Agreement difficult
Article 15 Exclusion of Anti-Social Forces
1. “Anti-Social Forces” means any of the following:
(1) An organized crime group as defined in Article 2, Item 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members, or an affiliated organization
(2) A member of a group or organization described in the preceding item
(3) An organization or individual such as a corporate racketeer, a person claiming to advocate a social or political movement for improper gain, or a special-intelligence violent group
(4) An organization or individual for whom five years have not elapsed since ceasing to fall under any of the preceding three items
(5) Any other organization or individual that pursues economic benefit by making improper demands using violence, force, threatening language, or fraudulent means
(6) An organization or individual that pursues economic benefit by making improper demands while suggesting a relationship with an organization, member, or individual under any preceding item
(7) A person equivalent to any organization, member, or individual under the preceding items
2. The User and the Company each represents and warrants to the other that:
(1) Its officers, important employees, and principal shareholders are not organized crime groups, members of such groups, crime-related companies or their affiliates, or other Anti-Social Forces
(2) It does not cooperate or participate in maintaining or operating Anti-Social Forces
(3) Anti-Social Forces are not involved in its management
(4) It does not use Anti-Social Forces
3. If either the User or the Company discovers its own breach of the preceding paragraph, it must immediately report that fact to the other party. If the other party requests information or corrective measures after showing reasonable grounds, such as a suspicion of breach, and the request is necessary to confirm exclusion of Anti-Social Forces, the requested party must immediately provide the requested information or take corrective measures. If the request exceeds a reasonable scope, response within a reasonable scope is sufficient.
4. If either party breaches either of the preceding two paragraphs or may reasonably be recognized as doing so, the other party may immediately terminate all or part of every contract or agreement with that party without demand or any other procedure.
5. A party exercising the right of termination under the preceding paragraph bears no liability for any damage suffered by the other party as a result.
Article 16 Measures after Termination of the Service Agreement
1. When the Service Agreement ends for any reason, the User’s license to the Services expires. The User must immediately cease all use of the Services, including use by Customers, and must not use them thereafter. The User agrees to immediately return, destroy, remove, or otherwise dispose of all software, data, materials, copies relating to the Services, and other items provided by the Company in connection with the Service Agreement as directed by the Company. This does not apply to information output to and actually held by the User or Customers as information they should retain.
2. If the Company determines that continued operation of the Services is inappropriate, it may discontinue operation at its discretion, in which case the Service Agreement automatically ends at the same time. The Company will notify the User in advance before discontinuing operation.
3. If the Service Agreement ends during the term of use, fees already paid will not be refunded for any reason. This does not apply where separately prescribed by the Company or directly caused by the Company’s willful misconduct or gross negligence.
Article 17 Ownership of Rights
1. All rights in the Services, including copyrights and other intellectual-property rights, belong to the Company. If the User directly or indirectly challenges their ownership, validity, or any similar matter for any reason or by any method, the Company may immediately terminate the Service Agreement without notice or demand.
2. The User agrees that every copy of the Services will display the same intellectual-property notices as the Services.
3. Except for rights expressly granted under these Terms, no rights in the Services are granted to the User, and the Company reserves all rights not expressly granted and all other rights.
4. The Company may transfer or assign its status under the Service Agreement or its rights or obligations under it to a third party and may provide information about the User or Customers to that third party to the extent necessary for the transfer or assignment.
Article 18 Confidential Information
1. “Confidential Information” means information disclosed by the User or the Company to the other party in connection with the Service Agreement that is expressly identified as confidential or should reasonably be treated as confidential in light of its content, the circumstances of disclosure, or similar factors. Confidential Information does not include the following. In this Article, the person disclosing information is the “Discloser” and the person receiving it is the “Recipient.”
(1) Information already publicly known when disclosed
(2) Information that becomes publicly known after disclosure through no fault of the Recipient
(3) Information already lawfully acquired by the Recipient when disclosed
(4) Information independently developed by the Recipient without using Confidential Information
(5) Information lawfully provided by a third party without a duty of confidentiality
2. Without the Discloser’s prior consent, the Recipient must not disclose, provide, or leak Confidential Information to a third party, including in particular but not limited to the Company’s competitors, and must not use or reproduce it beyond the scope reasonably necessary to use the Services.
3. If the Recipient discloses or provides Confidential Information to a third party, it must impose obligations equivalent to its own under these Terms, ensure compliance, and assume responsibility for every act of that third party as if it were the Recipient’s own.
Article 19 Disclaimer
1. The Company bears no liability for any damage suffered by the User, Customers, or a third party in connection with these Terms or use of the Services, including loss of business profit, interruption of business, loss of data, or other financial loss, regardless of whether the claim sounds in breach of contract, tort, or any other legal cause and regardless of whether the damage was foreseeable.
2. The preceding paragraph also applies to damage arising from action taken or not taken by the Company under these Terms; a third-party claim of infringement by the Services; a defect in the Services; an operational error by the User; failure of equipment installed or maintained by the User, the Company, or a third party; a third-party program; a virus, hacking, or other unauthorized access; suspension or interruption of the System; or a telecommunications carrier, internet service provider, or other third party.
3. Except for items provided as part of the Services or otherwise specified in the Application, the User must, at its own expense and responsibility, prepare and maintain contracts with External Providers, computers, software and other equipment, communication lines, and other communications environments necessary to receive the Services. The User must also implement at its own expense and responsibility security measures appropriate to its environment, including measures against computer viruses, unauthorized access, and information leakage.
4. When beginning to use the Services, downloading data in connection with the Services while using the Services or an External Service, or installing software on a computer, smartphone, or other device, the User must exercise sufficient care to prevent loss or alteration of its information and device failure or damage. The Company bears no liability for resulting damage to the User.
5. The Services may integrate with External Services, including where they are provided on the premise of using or in coordination with an External Service. The Company does not guarantee reliable integration with any particular External Service. If an unexpected specification change or similar event prevents integration or restricts use of all or part of the Services, including unexpected behavior, the Company bears no liability unless the restriction is caused by its willful misconduct or gross negligence.
6. The Company does not warrant the fitness for a particular purpose, commercial usefulness, completeness, continuity, or other quality of an External Service. The User must manage data obtained through an External Service at its own expense and responsibility. The Company bears no liability for loss or damage to such data unless caused by its willful misconduct or gross negligence.
7. The User must, at its own expense and responsibility, investigate whether its use of the Services or the resulting outcome violates applicable laws or internal rules of industry organizations and must comply with them. The Company gives no warranty that the User’s use complies with such laws or rules.
8. The Company bears no liability for damage suffered by the User, Customers, or another user because of an error in data or other information entered by the User. The Company has no obligation to monitor or retain information entered by the User, gives no warranty as to its accuracy, currency, usefulness, fitness, completeness, security, legality, or any other matter, and bears no liability for resulting damage.
9. The Company bears no liability for disputes between the User and a third party arising from the User’s use of the Services or its results, including acquisition, viewing, or use of a third party’s personal or other information. The User must handle and resolve the dispute at its own expense and responsibility, immediately compensate the Company for damage, including costs to restore the image of the Services, attorney’s fees, litigation costs, and compensation paid to third parties, and cause no inconvenience to the Company. The User must also cooperate with the Company at its request to resolve the dispute.
Article 20 Injunctive and Other Relief
Because failure to comply with these Terms may cause irreparable harm to the Company, the User acknowledges in advance that, in addition to monetary damages and other remedies available by law, the Company is entitled to specific performance or injunctive relief for an actual or threatened breach of these Terms without posting a bond or other security or proving damages.
Article 21 Changes to These Terms
1. The Company may change these Terms as necessary without prior notice to the User. Revised Terms become effective when notified to the User or, if an effective date is specified, on that date.
2. The Company may freely change these Terms at any time with the User’s consent. In either of the following cases, however, Terms changed at the Company’s discretion automatically apply to the User from their effective date without the User’s consent:
(1) The change conforms to the general interests of Users
(2) The change is not contrary to the purpose for which the Service Agreement was entered into and is reasonable in light of the necessity of the change, the appropriateness of its content, its nature, and other circumstances relating to the change
3. If the User uses the Services after a change becomes effective, including by not completing procedures to terminate the Service Agreement, the User will be deemed to have agreed to all provisions of the revised Terms, provided that the User has been notified of the change.
Article 22 Other Conditions
1. These Terms are governed by the laws of Japan, including procedural law. The Tokyo District Court has exclusive agreed jurisdiction as the court of first instance over all disputes arising from use of the Services or its results.
2. Neither party is liable for delay or failure to perform all or part of these Terms due to a natural disaster or other force majeure.
3. If any part of a provision of these Terms is held unlawful, invalid, or unenforceable, it will be replaced with an effective provision closest to its intent or reasonably interpreted to become an effective provision closest to that intent. The remaining provisions continue in effect. If the Company bears liability to the User or a third party for any reason or on any legal basis, including where any part of a disclaimer is held unlawful, invalid, or unenforceable, liability is limited to direct and ordinary damage actually incurred, excluding lost profits, and is capped, regardless of the number of causative acts, at three months of the average monthly fees paid by the User during the 12 months immediately preceding the month containing the last causative act, or during the actual period if shorter than 12 months.
4. The Japanese version of these Terms is the authoritative text. Any translation into another language is provided solely for reference, and only the Japanese original has effect between the User and the Company.
5. Any matter not provided for in these Terms or question concerning their performance will be discussed in good faith by the User and the Company with a view to amicable resolution.
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