Babel Inc. は、aileadの提供条件および弊社とお客様との間の権利義務関係について本利用規約を定め、これによりお客様に対しaileadを提供します。 By signing up for this agreement, you agree to the following terms and conditions.
Article 1 (Definition of terms)
The definitions or meanings of the terms used in these Terms and Conditions are as set out below.
- The "Service" refers to our ailead service, which uses AI automation to maximise the results of sales activities.
- The term 'you' refers to the person who has entered into this Agreement with us and who is receiving the Services from us.
- The "User" is the person designated by the Customer to use the Service.
- THE TERM "USER ID" REFERS TO A CODE USED TO IDENTIFY THE USER DESIGNATED BY THE CUSTOMER. THIS USER ID IS AN ID USED BY THE USER TO USE THE SERVICE, AND IS ISSUED TO THE CUSTOMER BY THE COMPANY IN THE NUMBER SPECIFIED IN THIS AGREEMENT.
Article 2 (Content of services)
This service includes the following
- THE SERVICE WE PROVIDE TO YOU IS A SERVICE TO MAXIMISE THE RESULTS OF YOUR SALES ACTIVITIES THROUGH AI AUTOMATION, THE DETAILS OF WHICH ARE SET OUT ON OUR WEBSITE AND IN THE FUNCTIONAL DOCUMENTATION. WE RESERVE THE RIGHT TO ADD, CHANGE OR DELETE THE CONTENT OR FUNCTIONALITY OF THIS SERVICE AT ANY TIME. IN THE EVENT OF ANY DISCREPANCY BETWEEN THE CONTENTS OF THIS SERVICE AND THE APPLICATION FORM, THE FORMER SHALL PREVAIL OVER THE LATTER.
- IN ORDER FOR YOU TO RECEIVE THIS SERVICE, WE WILL ISSUE A USER ID TO YOU AFTER ESTABLISHING A CUSTOMER MANAGEMENT PAGE, AND YOU SHALL USE THIS SERVICE USING YOUR USER ID.
- WE SHALL ISSUE TO YOU THE NUMBER OF USER IDS SPECIFIED IN THE QUOTATION FOR THIS SERVICE (HEREINAFTER REFERRED TO AS THE "QUOTATION"). THE COMPANY SHALL ISSUE THE NUMBER OF USER IDS SPECIFIED IN THE QUOTATION FOR THE SERVICE (HEREINAFTER REFERRED TO AS THE "QUOTATION") TO THE CUSTOMER.
- IN THE EVENT THAT WE RECEIVE A REQUEST FOR AN ADDITIONAL USER ID FROM A CUSTOMER, WE SHALL ISSUE A USER ID FOR THAT ADDITIONAL USER ID TO THE CUSTOMER.
Article 3 (Application and amendment of the Terms of Service)
Article 4 (Application for the Service and Representations and Warranties)
- A person who wishes to use the Service (hereinafter referred to as the "Applicant") (hereinafter referred to as the "Applicant") must submit an application form for the Service (hereinafter referred to as the "Application Form") in the form or format specified by the Company or by the Company's distributor (hereinafter referred to as the "Distributor"). (hereinafter referred to as the "Applicant") shall fill out or fill in the application form for the Service (hereinafter referred to as the (hereinafter referred to as the "Application Form") in the form or format specified by the Company or its distributor (hereinafter referred to as the "Distributor") and apply to use the Service.
- If an individual belonging to a corporation wishes to apply for the Service for the purpose of using the Service for the corporation's business, the corporation to which the individual belongs must be the applicant for the Service.
- The applicant provides us or the distributor with the information that our company needs (Hereafter, it is said, "Registration information") when applying for the use of this service. (hereinafter referred to as "registered information") to our company or the distributor, and represents and warrants to our company the following matters.
- The facts stated by the applicant in the application for the service (including the registered information) are complete and accurate.
- To comply with the Act on the Protection of Personal Information (Act No. 57 of 2003) and other laws and regulations, as well as documents published by administrative bodies, when using the Service.
- You will not infringe the rights of any third party in using the Service.
- The use of this service is not with the intention of developing or researching similar services.
Article 5 (Formation of contract)
- Upon receipt of the application form by us or our distributor, the contract between you and us will be formed, which will contain these Terms and Conditions and the information contained in the application form.
- In the event that the application form contains terms and conditions that differ from these terms and conditions, the terms and conditions contained in the application form shall prevail over these terms and conditions.
- THE SERVICE SHALL COMMENCE WHEN THE USER ID IS ISSUED TO THE CUSTOMER (HEREINAFTER REFERRED TO AS THE "COMMENCEMENT DATE"). (HEREINAFTER REFERRED TO AS THE "START OF USE DATE").
- NOTWITHSTANDING THE PROVISIONS OF CLAUSE 1, IF YOU WISH TO ADD A USER ID OR CHANGE OR ADD TO THE CONTENTS OF THE SERVICE, YOU MAY DO SO BY APPLYING IN THE MANNER PRESCRIBED BY US (HEREINAFTER REFERRED TO AS AN "ADDITIONAL AGREEMENT"). IN THE EVENT OF A CHANGE IN THE SERVICE FEE, THE SERVICE FEE SHALL BE THE SAME AS THE SERVICE FEE. ANY CHANGES TO THE SERVICE FEES, INCLUDING ANY CHANGES TO THE CONTENT OF THE ADDITIONAL AGREEMENT, WILL BE REFLECTED IN THE INVOICE ISSUED BY US OR OUR DISTRIBUTOR.
- Notwithstanding the provisions of clause 1, we may refuse to accept or withhold acceptance of an application for this contract in the following circumstances
- If the applicant does not exist
- If there are any false or incomplete entries in our application form
- When there is the case that an applicant delays payment of this service in the past, or there is the case that there is an attempt to excuse it fraudulently
- If it is suspected that the purpose for which the Service is being used is different from its original purpose.
- When the applicant or its representative or officer falls under the category of antisocial forces (gangsters, gangsters, etc.) When it corresponds to or there is a fear that it corresponds to
- If there are other reasonable grounds for us to deem it unsuitable.
- We shall not be liable for any failure to accept or for withholding acceptance in accordance with the preceding paragraph.
Article 6 (Provision of services)
We provide the Service on the basis of your registration details. If we are unable to provide the Service because of incorrect registration information, we will not be liable for the failure to provide the Service. You will still be charged for the Service even if we are unable to provide the Service because of incorrect registration information.
ARTICLE 7 (OBLIGATION TO MANAGE USER ID)
- WE WILL ISSUE A USER ID TO YOU ON THE CONDITION THAT THE USER DESIGNATED BY US IN THE MANNER PRESCRIBED BY US USES THIS SERVICE. UNLESS OTHERWISE APPROVED BY OUR COMPANY, THE RIGHT TO USE THIS SERVICE, INCLUDING THE USE OF THE USER ID, SHALL BE GRANTED ONLY TO THE CUSTOMER AND THE CUSTOMER'S EMPLOYEE, AND SHALL NOT BE TRANSFERRED OR LENT TO A THIRD PARTY (A CORPORATION OTHER THAN THE CUSTOMER AND THE RELEVANT EMPLOYEE).
- THE ISSUED USER ID SHALL BE GRANTED TO THE CUSTOMER IN ACCORDANCE WITH THE METHOD AND CONDITIONS OF USE SPECIFIED BY US. USERS SHALL USE ONLY THE USER ID GRANTED TO THEM AND SHALL NOT SHARE A SINGLE USER ID WITH MULTIPLE USERS.
- CUSTOMERS SHALL BE RESPONSIBLE FOR MANAGING THEIR USER IDS IN A STRICT MANNER TO PREVENT UNAUTHORIZED USE. IN ADDITION, OUR COMPANY CONSIDERS THAT THE USE OF THIS SERVICE DONE AFTER THE AUTHENTICATION OF THE USER ID BELONGS ENTIRELY TO THE CUSTOMER.
- IN THE EVENT THAT THE FACT OF UNAUTHORIZED USE OF A USER ID IS DISCOVERED, SUCH AS SHARED USE BY MULTIPLE USERS OR USE BY A PERSON OTHER THAN THE DESIGNATED USER, THE CUSTOMER SHALL PAY TO THE COMPANY, AS A PENALTY, AN AMOUNT EQUIVALENT TO THE SERVICE FEE CORRESPONDING TO THE PERIOD FROM THE DATE OF COMMENCEMENT OF USE OF THE RELEVANT USER ID TO THE DATE WHEN THE FACT OF UNAUTHORIZED USE IS DISCOVERED.
Article 8 (Management and use of information by us)
- In the event that personal information is included in the data entered into the Service, including registration information, the Company shall not use such information for any purpose other than for the purpose of providing the Service, and shall not use confidential information as defined in Article 20 (Confidentiality) for any purpose other than for the purpose of providing the Service, and shall strictly manage such information in accordance with the Act on the Protection of Personal Information. In accordance with the Act on the Protection of Personal Information, the Company shall take reasonable safety control measures to protect against the risk of loss, destruction, alteration, leakage, etc., and shall strictly manage such information.
- Notwithstanding the preceding paragraph, we may use information about you (including the user) and your interview partner that arises from the use of this service for the purpose of improving and maintaining this service. Notwithstanding the preceding paragraph, we may use information about you (including your user) and your interview partner that arises from the use of this service for the purpose of improving, maintaining and managing this service, provided that the information is processed so that it does not identify any specific individual. The data and confidential information referred to in the preceding paragraph are the property of the client and the user, and the client's and the user's data will always be processed in accordance with the terms and conditions. The aforementioned data and confidential information will not be used to target advertising or to provide third parties with machine learning teacher data.
Article 9 (Fees for the Service)
- The Service Charges shall be payable in accordance with the terms and conditions set out in the Application Form or Quotation as set out in Clause 1 of Article 4 (or, in the case of Additional Service Contracts, in the Invoice). The same applies hereinafter). The Customer shall pay the amount stated in the Application Form or Quotation. The Customer shall pay the amount stated in the Application Form or Quotation in accordance with the due date and method of payment stated in the Invoice.
- The Customer shall be responsible for all bank transfer charges, consumption tax and local consumption tax (consumption tax and local consumption tax together referred to as the "Consumption Tax"). The Customer shall bear the cost of any transfer fees, consumption tax and local consumption tax (hereinafter referred to as "Consumption Tax"). If there is a change in the consumption tax during the contract period of this Agreement, the changed tax rate will be applied to the contract period after the change.
- During the term of this Agreement, we or our distributors shall not be obliged to refund the Service Fees received, and the Customer shall not be exempted from paying any Service Fees, etc. that become due and payable. However, the Customer may make a claim for compensation for damages against the Company in accordance with Article 22.1 in the event that the Customer suffers damage due to the Company's intentional or gross negligence in relation to the Service.
- In the event that you reside or are located outside of Japan and we are subject to taxation in accordance with the laws of that country or other taxes that differ from the laws of Japan, you shall be responsible for such taxes.
Article 10 (Contract period)
- The term of this contract shall be the contract period stated in the application form or quotation. However, if the customer or the Company does not request the suspension of the service or the change of the terms and conditions in writing designated by the Company or the sales agent at least 30 days before the expiration of the term, this contract shall be automatically renewed for a year, and the same shall apply thereafter. In the event that an additional service contract is made on the basis of this Agreement, the term of this Agreement shall apply to the term of the additional contract.
- You may cancel the contract at any time during the contract period on condition that you pay all debts owed to us, including the Service Fee, arising from the date you wish to cancel the contract to the date of expiry of the contract period.
- We may terminate this agreement by giving you notice if we reach a point where it is difficult for us to continue the service.
Article 11 (Disclaimers, etc.)
- We will use our best endeavours to ensure that the Service is of the highest quality, but we cannot promise that the Service will always be available in perfect condition. In the event of interruptions or malfunctions due to loss of power, maintenance of the internet conduits by telecommunication carriers, security software, network settings, harm caused by third parties, etc., the Company shall notify the Customer immediately.
- We do not guarantee the result, effect, or effectiveness of your use of the Service. We do not warrant to you that the Service will be provided in perfect condition. The Company does not warrant that the Service will be provided in perfect condition. In the event of any discrepancies in the display appearance (e.g. due to changes in model, browser, or conversion technology specifications), material differences in the display (e.g. inability to display due to changes in model, browser, or conversion technology specifications), or malfunctions, the Customer shall not raise any objection to the Company.
Article 12 (Cancellation of the Service, etc.)
The Company may suspend or discontinue the provision of the Service to the Customer or terminate this Agreement without any notice to the Customer if the Company deems that the Customer falls under any of the reasons listed in the following items. In this case, the Company shall not be liable for any damage or disadvantage caused to the Customer due to the suspension or termination of the Service or the cancellation of this Agreement.
- any false statement in the documents, forms, etc. relating to the application or any false representation made in the application.
- You have provided materially misleading or materially incorrect information or have concealed material information in your application for this service.
- If you violate the laws of Japan or any other country by applying for or using this service.
- If you defame any third party or infringe any intellectual property rights, existing domain rights or any other rights of any third party (this clause shall also apply if a third party notifies us of the existence of an infringement by you and you do not respond to us within a period of time specified by us despite our having made enquiries to you about the contents of the notification). This clause shall also apply if you do not respond within the period specified by us, even though we have made an inquiry to you about the content of the notice). This clause shall apply as if there had been an infringement.
- If you fail to pay the Service Fee on time.
- intentionally damage the reputation or goodwill of the Service.
- with the intention of developing and researching similar services to this service.
- If you have been suspended by the clearing house due to dishonoured bills or cheques, or any other similar circumstances.
- If the company is subject to cancellation or suspension of business by the supervisory authority.
- In the event of a provisional seizure, provisional disposition or compulsory execution (except as a third party obligor). (2) If you are subject to a provisional attachment, provisional disposition or compulsory execution (except as a third party obligor)
- (2) The Depositor becomes insolvent, insolvent, or insolvent, or files a petition for bankruptcy proceedings, corporate reorganization proceedings, civil rehabilitation proceedings, special liquidation proceedings, or other insolvency proceedings (including proceedings amended or enacted after the execution of this Agreement). In the event that any of the foregoing events occurs, or the Company receives or voluntarily files a petition for bankruptcy proceedings, corporate reorganization proceedings, civil rehabilitation proceedings, special liquidation proceedings, or other insolvency proceedings (including any proceedings amended or instituted after the execution of this Agreement).
- a breach of the commitments referred to in Article 23.
- In the event that the Company considers that it is difficult to continue this contract due to other reasons corresponding to the above items.
Article 13 (Suspension of the Service, etc.)
- To carry out checks or maintenance work on the systems involved in the Service.
- In the event of an accidental shutdown of a computer or communication line.
- In the event that the operation of the Service is prevented by force majeure, such as fire, power failure, natural disaster or epidemic.
- In any other case where we deem it necessary to stop or suspend the service.
Article 14 (Service level)
- In principle, the Company's support desk is open on weekdays (hereinafter referred to as "business days") except Saturdays, Sundays, national holidays and year-end and New Year holidays (from December 28 to January 4). (hereinafter referred to as "business days"). In principle, the Support Desk will be open from 10:00 to 19:00 on weekdays (hereinafter referred to as "Business Days"), excluding Saturdays, Sundays, public holidays and year-end and New Year holidays (from 28 December to 4 January).
- IN ORDER TO PROVIDE THIS SERVICE, WE WILL BUILD A CUSTOMER MANAGEMENT PAGE AND PROVIDE A USER ID ONLY. THE MAINTENANCE OF THE SYSTEM USE ENVIRONMENT TO USE THIS SERVICE, THE INSTALLATION OF THE WEBCAM, AND ALL OTHER COMMUNICATION EQUIPMENT, ETC. SHALL BE PREPARED BY THE CUSTOMER, AND OUR COMPANY SHALL NOT ASSUME ANY RESPONSIBILITY EVEN IF THE DISPLAY SPEED AND THE PICTURE QUALITY OF THIS SERVICE DECREASE AND THE OBSTACLE, ETC. OCCUR BY THE VERSION IN THE COMMUNICATION EQUIPMENT. IN ADDITION, ANY OTHER INCONVENIENCE TO THE CUSTOMER CAUSED BY OTHER THAN THE CONTENTS OF THIS SERVICE SHALL BE THE SAME.
Article 15 (Obligation not to compete)
- In using the Service, you agree that you will not develop, or allow any affiliate to develop, any service similar to the Service.
- The Customer shall impose the same obligations as in the preceding paragraph on the users it designates.
Article 16 (Intellectual property rights)
All intellectual property rights and other rights, including copyrights, to the tangible and intangible components of the Service (including software programs, databases, icons, images, text, manuals and other related documents, etc.) (including software programs, databases, icons, images, texts, manuals and other related documents, etc.) belong to us or to third parties who have granted us permission to use them.
Article 17 (Notification of changes to registered information)
- THE CUSTOMER SHALL NOTIFY THE COMPANY OR THE DISTRIBUTOR OF ANY CHANGE IN THE NAME, TELEPHONE NUMBER, E-MAIL ADDRESS, URL, ETC., OF THE APPLICANT (INCLUDING THE REPRESENTATIVE IF THE APPLICANT IS A CORPORATION), THE USER, OR ANY OTHER INFORMATION PROVIDED TO THE COMPANY OR THE DISTRIBUTOR UPON APPLICATION. IF THERE IS ANY CHANGE IN THE NAME, TELEPHONE NUMBER, E-MAIL ADDRESS, URL, ETC. OF THE USER, ETC., OR ANY OTHER INFORMATION PROVIDED TO THE COMPANY OR ITS SALES AGENT AT THE TIME OF APPLICATION, THE CUSTOMER SHALL IMMEDIATELY NOTIFY THE COMPANY OR ITS SALES AGENT THAT PROVIDED THE INFORMATION.
- When we or our distributors receive a notification as described in the preceding paragraph, we or our distributors may ask the customer to present documents proving the fact that the notification has been made.
- In the absence of the notification referred to in paragraph 1, it shall be sufficient for us or our distributors to notify you at the telephone number, email address or other contact details previously provided by you, and even if such notification does not reach you, it shall be deemed to have reached you at the time it is sent.
Article 18 (Prohibition of transfer)
You may not assign, succeed, encumber, or otherwise dispose of your position under this Agreement or any rights or obligations related to this Service to any third party without our prior consent.
Article 19 (Publication of cases)
Unless otherwise requested by the customer, we may publish the name and logo of the customer's company as a company introducing this service.
Article 20 (Confidentiality)
- The Customer and the Company or the Distributor shall treat any technical, commercial or other business information provided by either of them in connection with the use of the Service as confidential information (including any data stored by the Customer in connection with the use of the Service). Any technical, business or other information provided by either party shall be treated as confidential (including data stored by the customer in connection with the use of the service) and shall be treated with the utmost care. We or our distributors will use this confidential information only to the extent necessary to improve our support and services to you and to provide the services you request. The terms and conditions of this service are also confidential.
- The customer shall impose the same obligations as in the preceding paragraph on the users it designates.
Article 21 (Re-commissioning)
- We may subcontract some or all of the work for the construction and maintenance of the Service to a third party at our own risk. In this case, the Company shall make the third party assume the same obligations as in this Agreement, and all responsibilities shall belong to the Company.
- We may outsource the operation of the servers for this service to a data centre operator. In this case, we will make the contractor assume the same obligations as in this contract, and all responsibility will belong to us.
Article 22 (Compensation for damage)
- In the event that we or our distributors cause damage to the customer due to their own intentional or gross negligence in providing this service, they shall compensate the customer for such damage. The amount of compensation for which the Company or the Distributor shall be liable shall be limited to the total amount of the Service Fees actually received by the Company or the Distributor during the past one (1) year from the time when the event of damage occurred. However, we or our distributors shall not be liable for any indirect damages or damages arising from special circumstances, whether foreseen or unforeseen, regardless of the cause of the claim, such as tort, default or otherwise.
- The Customer shall indemnify the Company or the Distributor against any and all damages and costs (including attorney's fees for dealing with the third party) incurred by the Company or the Distributor as a result of the dispute with the third party referred to in the preceding paragraph, which is caused by reasons attributable to the Customer. However, the amount of compensation shall be limited to the amount set forth in Paragraph 1. The Company or the Distributor may require the Customer to pay for any such damages or costs in advance.
Article 23 (Exclusion of antisocial forces)
- The Customer and the Company or the Distributor mutually agree that the Company or the Distributor shall not be liable for any loss or damage arising out of or in connection with the use of the Service by the Customer or any person who holds an important position in the execution of the business of the Company or the Distributor, such as a director, auditor or executive officer of the Company (collectively, the "Officers and Employees, etc."). (hereinafter referred to as "Organized Crime Group, etc."). The Company represents and warrants that it does not fall under any of the following categories (hereinafter referred to as the "Organized Crime Group, etc."), and confirms that it will not fall under any of the following categories in the future.
- (2) In the event that a crime syndicate (as defined in the Act on Prevention, etc. of Unjustifiable Acts by Members of Crime Syndicates (Act No. 77 of May 15, 1991; including subsequent amendments)) is found to be involved in a crime syndicate, the crime syndicate shall be punished. including subsequent amendments). Article 2).
- Members of organized crime groups (including quasi-members. The same shall apply hereinafter. A person who has been a member of a crime syndicate (including quasi-members), or a person who has not been a member of a crime syndicate for five years.
- An entity related to a crime syndicate or an organization in which any of the persons specified in each item of this paragraph is an investor or holds an important position in the execution of business, or a member of such an entity.
- A general meeting house, a social movement advocate, a political activity advocate, a specially intelligent violent group or a member of one of these groups.
- A person who has a close relationship with a crime syndicate or a member of a crime syndicate.
- A person who is equivalent to any of the above.
- The Customer and the Company or the Distributor mutually represent and warrant that neither they nor the User fall into any of the following categories, and confirm that they will not fall into any of the following categories in the future.
- Having a relationship in which the management is considered to be controlled by a crime syndicate.
- Have a relationship in which a crime syndicate, etc. is deemed to be substantially involved in management.
- To have a relationship that is recognized as using a crime syndicate, etc., such as for the purpose of gaining unfair profits for oneself or a third party, or for the purpose of causing damage, etc., to a third party.
- (ii) To have a relationship in which it is recognized that oneself or an officer or employee, etc. is involved in providing funds, etc. or favors to a crime syndicate, etc.
- (ii) The company or its officers and employees, etc. have socially reprehensible relationships with organized crime groups, etc.
- have a relationship similar to that described in the preceding paragraphs.
- The customer, the company or the distributor shall ensure that neither the customer nor the user, either by themselves or through a third party, will perform any of the following acts or acts that may fall under any of the following items
- Violent behaviour.
- Unreasonable demands that go beyond our legal responsibilities.
- Use of threatening language or violence in connection with transactions.
- An act of spreading false rumors, using deception or force to damage the reputation of the Company or its distributors, or to interfere with the operations of these parties.
- An act in which a crime syndicate, etc. becomes an officer or employee, etc. or falls under any of the items of the preceding paragraph.
- Any act similar to the preceding items.
- The Company may terminate this Agreement without notice, demand or other process if the Customer is found to be in breach of any of the undertakings set out in clauses 1 or 3 of this Article.
- We shall not be liable to you in any way for any damage, loss or expense incurred by you as a result of the cancellation of this contract in accordance with the preceding paragraph.
Article 24 (Governing law)
Article 25 (Exclusive jurisdiction)
Article 26 (Severability)
If any part of a provision of these Terms and Conditions is held to be illegal or invalid by a court of competent jurisdiction, the remainder of the provision will continue in force.
Article 27 (Consultation)
Article 28 (Surviving provisions)
This clause and clauses 15, 16, 19, 20, 22, 24, 25, 26 and 27 shall survive termination of this Agreement, regardless of the reason for termination.
[Adopted 23 June 2021]
[Revised 6 September 2021