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Terms of Use

The Terms of Use (hereinafter referred to as the “Terms”) set forth the matters to be observed by the Registered Users as well as the rights and obligations of BHI Inc. (hereinafter referred to as the “Company”) and the Registered Users with respect to the use of the Applications (as defined in Article 1.1) provided by the Company. Every user desiring the registration for the service will be required to read through the entire text of the Terms carefully before agreeing thereto.

Article1: Scope of Applications

1.1 The Terms shall define the rights and obligations of the Company and the Registered Users (as defined in Article 2), and shall apply to any relationship between the Company and the Registered Users with respect to the use of Swingapp series (collectively, the “Applications”) provided by the Company. For the purpose of the Terms, the Applications include the new Applications in cases where the name, content or domain of the Applications is changed.

1.2 The rules and regulations concerning the Applications which may be posted by the Company on the Applications from time to time shall constitute part of the Terms.

Article2: Definitions

For the purposes of the Terms, the following terms shall have the meanings ascribed to them as follows:

(1) “Applicant” means the “Applicant” defined in Article 3.

(2) “Intellectual Property Rights” means copyrights, patents, utility model rights, trademark rights, and any other intellectual property rights including, without limitation, the rights to acquire these rights or to file an Applications for the registration of any of such rights.

(3) “Registered User” means an individual or a corporation who is registered as a user of the Applications in accordance with the provisions of Article 3.

(4) “Registration Information” means the “Registration Information” defined in Article 3.

(5) “Service Agreement” means the agreement to be executed between the Company and the Registered User pursuant to Article 3.4 with respect to the use of the Applications under the provisions of the Terms.

(6) “Terms of Use for Third Party Services” means the terms applicable between the Registered User and the Third Party Providers.

(7) “Third Party Providers” means the entities which provide the Third Party Services.

(8) “Third Party Services” means services provided by third parties such as Apple, Twitter and Google, which have functions of user identification amongst others and which shall be used in relation to the Applications.

Article3: Registration

3.1 Any person, over the age of 13, who desires to use the Applications (hereinafter referred to as the “Applicant”) may apply to the Company for the registration as a user of the Applications by agreeing to abide by the Terms and providing the Company with the information required by the Company (hereinafter referred to as the “Registration Information”) in a manner specified by the Company.

3.2 The Applications for the registration shall be made by an individual or a corporation that will use the Applications, and Applications by proxy will not be accepted. For each Applications for the registration, the Applicant shall provide true, correct and updated information to the Company.

3.3 The acceptance or rejection of Applications for the registration will be determined by the Company in accordance with the criteria established by the Company. The registration of an Applicant as a Registered User shall be deemed to have been completed when the Company issues to the Applicant a notice stating that the Applications has been accepted.

3.4 The completion of the registration under Article 3.3 constitutes the execution of the Service Agreement between the Registered User and the Company with respect to the use of the Applications in accordance with the provisions of the Terms, whereby the Registered User shall be entitled to use the Applications in such a manner as specified by the Company from the date of the completion of the registration.

3.5 The Company may reject the registration if:

(1) the Company determines that the Applicant is likely to violate the Terms;

(2) the Registration Information submitted to the Company contain, in whole or part, false or erroneous statements or omissions;

(3) the registration of the Applicant for the use of the Applications has once been cancelled;

3.6 The Company will reject the registrations if:

(1) it believes the Applicant is a minor under the age of 13.

(2) the applicant is an adult ward, a person under curatorship or a person under assistance, and has not obtained the necessary consent of his/her respective legal representative, guardian, curator or assistant; or

(3) the Company determines that the Applicant is antisocial forces (which mean gang groups, gang members, right-wing groups or other similar entities; the same shall apply hereinafter), or the Company determines that the Applicant is associated with or involved in antisocial forces in any manner such as cooperating or engaging in maintenance, operation, management of antisocial forces through funding or any other method.

(4) the Company otherwise determines that the registration would be inappropriate.

Article4: Changes in Registration Information

In the event of any change in the Registration Information, the Registered User shall promptly notify the Company of such change in accordance with the procedure specified by the Company and submit to the Company the required information.

Article5: Management of Passwords and User IDs

5.1 The Registered User shall be fully responsible for the security and safekeeping of his/her Third Party Service passwords and user IDs and the Registered User shall not cause or permit any third party to use the passwords or user IDs nor shall it loan, assign, or cause to be owned in the name of another person or to be sold or purchased the passwords or user IDs or otherwise cause the passwords or user IDs to be an object of any activity similar to the foregoing.

5.2 The Registered User shall be responsible and liable for any damage incurred by the Registered User as a result of inadequate management, wrong or improper use, or the use by a third party of the passwords or user IDs. In no event shall the Company be responsible or liable for such damage.

5.3 In cases where the passwords or user IDs are found to be stolen or used by a third party, the Registered User shall immediately notify the Company to that effect and follow the instructions provided by the Company.

Article6: Fee

Parts of the Applications may be provided to the Registered Users for a fee. The Registered User shall pay to the Company such fees as may be established by the Company, pursuant to the payment method as designated by the Company.

Article7: Use of the Applications

7.1 On the condition that a Registered User complies with all its obligations under these Terms, the Company hereby grants the Registered a non-exclusive, non-transferable, restricted license (without the right to sublicense) to access the Applications in accordance with these Terms, the Service Agreement and the instructions and guidelines posted on the Applications and/or associated websites during the effective term of the Service Agreement. The Registered User shall have the right to use the Applications in such a manner as directed by the Company in accordance with, and within the scope of, the Terms. Any third-party code that may be incorporated in the Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Applications or any copy thereof, and the Company or its third-party partners or suppliers retain all right, title, and interest in the Applications (and any copy thereof).

7.2 The Registered User shall, with its own costs and responsibilities, prepare and maintain portable terminals, computers, software and other devices, and telecommunication line and other communication environment, which are necessary to use the Applications.

7.3 The Registered User shall, with its own costs and responsibilities, prepare and maintain security systems suitable for the Registered User’s environment for use of the Applications to avoid attack of computer virus, unauthorized access, information leakage, etc.

7.4 The Company provides the Applications only for certain models of devices specified by the Company, and shall not warrant adaptation to every model of device. The Company shall not have obligation of change, revision, etc. of the Applications, even if the devices used by the Registered User are not suitable for the use of the Applications.

7.5 The Company shall not have obligation to develop or to provide any upgrade version of the Applications, or to provide any support for the Applications; provided, however, that the Company may, at any time in its discretion, develop and provide upgrade versions of the Applications, provide information of upgrade, and provide support service. Due to provision of an upgrade version of the Applications by the Company, the previous version of the Applications may become unusable, and the Company shall not be responsible or liable for such result.

7.6 The Company shall not be responsible or liable for any damage or disadvantage regarding the use of the Applications, including, without limitation, effect from download or installation of the Applications, error regarding performance of the Applications (including, without limitation, inaccuracy or lack of indicated information), effect to devices, or damage or disadvantage incurred by the Registered User due to impossibility of the normal use of the Applications.

7.7 The Registered User shall immediately delete the Applications when the Service Agreement expires.

7.8 The Registered User hereby agrees that advertisements etc. (including, advertisements or information automatically notified through function such as bot.) are displayed or sent during using the Application.

7.9 Registered Users may use mobile data in connection with the Applications and may incur additional charges from their wireless provider for these services. Registered Users agree that they are solely responsible for any such charges. The Company hereby grants Registered Users a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Applications for one account on one mobile device owned or leased solely by a Registered User, for that Registered User’s personal use.

7.10 Any attempt by a Registered User to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. The Company reserves all rights not expressly granted under this Agreement. If the Applications is being acquired on behalf of the United States Government, then the following provision applies. The Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Applications and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms.

7.11 The following applies to any Applications acquired from the iTunes Store, the Google Play, the Messenger Platform or any other similar marketplace for Sourced Applications (“Sourced Applications”): By using the Applications, Registered Users acknowledge and agree that this Agreement is solely between Registered Users and the Company, not the proprietor of such marketplace (each a “Proprietor”), and that Proprietor has no responsibility for the Sourced Applications or content thereof. Use of the Sourced Applications must comply with the applicable terms of service for the marketplace from which a Registered User downloaded the Sourced Applications. Registered Users acknowledge that Proprietor has no obligation whatsoever to furnish any maintenance and support services with respect to the Sourced Applications. In the event of any failure of the Sourced Applications to conform to any applicable warranty, Registered Users may notify Proprietor, and Proprietor will refund the purchase price for the Sourced Applications to such Registered User; to the maximum extent permitted by applicable law, Proprietor will have no other warranty obligation whatsoever with respect to the Sourced Applications, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to the Company as provider of the software. Registered Users acknowledge that Proprietor is not responsible for addressing any claims of any Registered User or any third party relating to the Sourced Applications or their possession and/or use of the Sourced Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the Sourced Applications fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to the Company as provider of the software. Registered Users acknowledge that, in the event of any third-party claim that the Sourced Applications or a Registered User’s possession and use of any Sourced Applications infringes that third party’s intellectual property rights, the Company, not Proprietor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. Registered Users and the Company acknowledge and agree that Proprietor, and Proprietor’s subsidiaries, are third-party beneficiaries of this Agreement as it relates to a Registered User’s license of the Sourced Applications, and that, upon a Registered User’s acceptance of the terms and conditions of these Terms, Proprietor will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to a Registered User’s license of the Sourced Applications against such Registered User as a third-party beneficiary thereof.

Article8: Prohibited Activities

8.1 When using the Applications, the Registered User shall not conduct any of the following acts or any act that the Company determines falls under any of the following:

(1) acts that violate any laws, regulations or the internal rules of the entity of which the Company or the Registered User is a member or that are associated with criminal activity;

(2) acts that defraud or threaten the Company, other Registered Users or other third parties;

(3) acts against public order and good morals;

(4) acts that infringe any Intellectual Property Rights, portrait rights, privacy rights, reputation or other rights or profit of the Company, other Registered Users or other third parties (including acts which raise such infringement directly or indirectly);

(5) acts to transmit to the Company or other Registered Users, through the Applications, any of the following or any transmissions that the Company determines includes under any of the following:

- excessively violent or cruel content;
- computer viruses or other hazardous computer programs;
- content that damage the reputation or the credit of the Company, other users of the Applications or other third parties;
- excessively indecent content;
- content that encourages discrimination;
- content that encourages suicide or self-mutilation;
- content that encourages drug abuse;
- antisocial content;
- content for the purpose of disbursing information, such as chain mails;
- content that causes uncomfortable feelings to third parties;
- content for the purpose of encountering unacquainted persons of the opposite sex;

(6) acts that place an excessive burden on the network or system of the Applications;

(7) acts that threaten to interrupt the operation of the Applications;

(8) acts to access or attempt to access the system or network of the Applications improperly;

(9) acts to impersonate a third party;

(10) acts to use the user ID or password of other users of the Applications;

(11) acts of exploitation, advertisement, soliciting or marketing without the Company’s prior consent;

(12) acts to collect information of other users of the Applications;

(13) acts that cause disadvantage, damage or uncomfortable feelings to other users of the Applications or other third parties;

(14) acts that violate the Terms;

(15) acts to provide antisocial forces with profit;

(16) acts that are intended to encounter unacquainted persons of the opposite sex;

(17) acts to modify information which can be used for the purpose of the Applications;

(18) acts that, directly or indirectly, evoke or facilitate acts listed in the preceding items;

(19) other acts that the Company deems to be inappropriate; or

(20) (i) modify, disassemble, decompile or reverse engineer the Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Applications to any third party or use the Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Applications, features that prevent or restrict use or copying of any content accessible through the Applications, or features that enforce limitations on use of the Applications; or (v) delete the copyright and other proprietary rights notices on the Applications.

8.2 In cases where the Company determines that the act of the Registered User to transmit information in the Applications falls or is likely to fall under any of the items of Article 8.1, the Company may delete all or part of such information without any prior notice to the Registered User. The Company shall in no event be responsible or liable for any damage incurred by the Registered User as a result of an action taken by the Company pursuant to this Article 8.2.

Article9: Discontinuation or Suspension of the Applications

9.1 In the event of any of the following circumstances, the Company shall reserve the right to permanently discontinue or temporarily suspend all or part of the use of the Applications without prior notice to the Registered User:

(1) When the Company conducts scheduled or unscheduled inspections or maintenance of the computer systems relating to the Applications;

(2) When a computer or telecommunications network ceases to operate or function as a result of an accident;

(3) When the operation of the Applications becomes difficult due to fire, power failure, natural disaster, or any other cause of force majeure;

(4) When there are troubles, discontinuation, or suspension of association of the Third Party Services with the Applications, changes of specifications; or

(5) When for any other reason the Company determines that the discontinuation or suspension will be necessary.

9.2 The Company may, in its discretion, terminate the provision of the Applications. In this case, the Company gives prior notice to the Registered User.

9.3 The Company shall not be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with this Article 9.

Article10: Retention of Information

The Company shall have no obligation to retain the messages or other information transmitted by or to the Registered User through the Applications even in cases where such information has been retained by the Company for a certain period for operational reasons, and the Company may delete such information at any time in its discretion. The Registered User hereby agrees that the Registered User’s information is deleted when his/her registration as a Registered User is canceled. The Company shall not be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company pursuant to this Article 10.

Article11: Warning for Downloading, etc.

In cases where at the commencement of or during the use of the Applications the Registered User installs software or programs from websites into his/her portable terminals or computers by way of downloading or other means, the Registered User shall exercise due care in order to prevent the loss or alteration of the information held by it, or any fault or damage to his/her equipment. The Company shall in no event be responsible or liable for such loss or damage incurred by the Registered User.

Article12: Ownership and Intellectual Property Rights

1. All ownership rights and Intellectual Property Rights in and to the Applications (excluding Content originated by a Registered User) shall vest in the Company or its licensors, and the use of the Applications permitted through the registration under the Terms shall not be construed as granting any license with respect to the Applications under any Intellectual Property Rights held by the Company or its licensors. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Websites or the Applications, whether created by us or provided by another person for display on the Websites or through the Applications. The Registered User shall not, for any reason whatsoever, perform any act, which would infringe any Intellectual Property Rights of the Company or its licensors, including, without limitation, disassembling, decompiling, or reverse engineering.

2. All Content, transmitted through the Applications, is the sole responsibility of the person who originated such Content. The Company does not monitor or control the Content transmitted via the Applications and cannot take responsibility for such Content. Any use or reliance on any Content or materials transmitted via the Applications or obtained by a user through the Applications is at the user’s own risk. The Company does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications transmitted via the Applications or endorse any opinions expressed via the Applications. By using the Applications, the user acknowledges and understands that by using the Applications, it may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, messages that have been mislabeled or are otherwise deceptive. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Applications or broadcast elsewhere.

3. The Company gives Registered Users a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to Registered Users by the Company as part of the Applications. This license is for the sole purpose of enabling Registered Users to use and enjoy the benefit of the Applications as provided by the Company, in the manner permitted by these Terms.

4. While the Company welcomes feedback, ideas, and suggestions, it is important to be aware of the following restrictions. By submitting feedback, ideas, or suggestions (collectively, “Unsolicited Ideas”), Registered Users agree that: (1) their unsolicited ideas become the property of the Company and they are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) the Company may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for the Company to review or use your unsolicited ideas; and (5) the Company has no obligation to keep any unsolicited ideas confidential.

Article13: DMCA Notice

Since we respect artist and content owner rights, it is the Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify the Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the Service;

4. Information reasonably sufficient to permit The Company to contact you, such as your address, telephone number, and, e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent: Attn: DMCA Notice BHI Inc.
info@swingmail.co

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying The Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with The Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, The Company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Article14: Cancellation of Registration

14.1 The Company may suspend temporarily the use by the Registered User of the Applications or cancel the registration of the Registered User without any prior notice if:

(1) the Registered User violates any provision of the Terms;

(2) the Registration Information is found to contain false information;

(3) the Registered User uses or attempts to use the Applications for such purposes or in such a manner as would cause damage to the Company, other Registered Users, the Third Party Providers or other third parties;

(4) Use of the Third Party Services or association with the Third Party Services becomes difficult in relation to the Registered User due to its violation of the Terms of Use for Third Party Services or other reasons;

(5) the Registered User interferes with the operation of the Applications by any means;

(6) payment by the Registered User is suspended, or the Registered User becomes insolvent, or an Applications for a proceeding for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or other similar proceedings is instituted with respect to the Registered User;

(7) the Registered User dishonors any note or check issued or accepted by it;

(8) a petition is filed against the Registered User for attachment, provisional attachment, provisional disposition, judicial enforcement or an auction sale;

(9) the Registered User becomes subject to the procedures for tax delinquency;

(10) the Registered User dies or is subject to an order for the commencement of guardianship, curatorship, or assistance;

(11) the Registered User has not used the Applications for a period of twelve (12) months or more, and has not responded to any communication from the Company;

(12) the Registered User falls under any of items of Article 3.5; or

(13) the Company determines for any reason that the continuation of the registration of the Registered User would be inappropriate.

14.2 In cases where the Registered User falls under any of items of Article 13.1, any and all monetary debt of the Registered User to the Company shall become forthwith due and payable, and the Registered User shall immediately pay such monetary debt.

14.3 The Company shall in no event be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with the provisions of this Article 13.

14.4 The Registered User may cancel his/her registration as a Registered User by clicking on the Delete Account button in the Settings menu.

14.5 In the event of the cancellation of the registration pursuant to this Article 13, the Registered User shall return, destroy or otherwise dispose of the software, manuals or any other materials supplied by the Company in connection with the Applications, in accordance with the instructions provided by the Company.

Article15: Disclaimer and Limitation of Liability

15.1 The Company makes no representation or warranty of any kind, express or implied, with respect to the services (including but not limited to any representation or warranty (i) of fitness or suitability for a particular purpose contemplated by the Registered User, (ii) that the Applications have expected functions, commercial value, accuracy, or usefulness, (iii) that the use by the Registered User of the Applications complies with the laws and regulations applicable to the Registered User or any internal rules established by industrial organizations, and (iv) that the Applications will be free of interruption or defects). Except as expressly provided for in the Terms, the Company makes no other warranties to the Registered User even in cases where the Registered User has acquired from the Company, directly or indirectly, any information concerning the Applications.

15.2 Although the Applications may be associated with the Third Party Services, the Company makes no warranty regarding such association. The Company shall not be responsible or liable even when such association is not available.

15.3 In cases where the Applications is associated with the Third Party Services, the Registered User shall comply with the Terms of Use for Third Party Services with its own costs and responsibilities. In no event shall the Company be responsible or liable for disputes, etc. which arise between the Registered User and the Third Party Providers.

15.4 The Registered User shall investigate at his/her own expense and responsibility to determine whether or not his/her use of the Applications will violate any law or regulation applicable to the Registered User or the internal rules of the entity of which the Registered User is a member, and the Company makes no warranty that the use of the Applications by the Registered User will comply with the laws and regulations applicable to the Registered User and the internal rules of the entity of which the Registered User is a member.

15.5 The Registered User shall, with his/her full responsibility, treat and resolve all transactions, communications, disputes, etc. in connection with the Applications or the Applications which arise between the Registered User and other Registered Users, the Third Party Providers or other third parties. In no event shall the Company be responsible or liable for them.

15.6 In no event shall the Company be responsible or liable for suspension, discontinuation, unavailability or modification of the Applications caused by the Company, deletion or loss of any message or information from the Registered User, cancellation of the registration of the Registered User, loss of data or failure of or damage to equipment through the use of the Applications, or any other damage incurred by the Registered User in connection with the Applications.

15.7 Even if the Applications contain links to and from other websites on the Internet, the Company shall not, for any reason, be responsible for any such websites or any information obtained therefrom.

Article16: Resolution of Disputes and Indemnity

16.1 The Registered User shall indemnify and hold harmless the Company from and against any damage incurred by the Company as a result of any breach by the Registered User of any provision of the Terms or resulting in connection with the use by the Registered User of the Applications.

16.2 The Registered User shall immediately notify the Company of any claim against the Registered User brought by other Registered Users, the Third Party Providers or other third parties in connection with the Applications or of any dispute arising between the Registered User and any of the other Registered Users or other third parties, and shall settle such claim or dispute at his/her own expense and responsibility and report the processes and results of the settlement to the Company at the request thereof.

16.3 In cases where a claim is brought against the Company by other Registered Users, the Third Party Providers or other third parties by reason of infringement of rights or for any other reason with respect to the use of the Applications by the Registered User, the Registered User shall compensate the Company for any amount of money which the Company has been forced to pay to such other Registered Users, the Third Party Providers or other third parties based on such claim.

16.4 In no event shall the Company be responsible or liable for the damage incurred by the Registered User in connection with the Applications. Even if the Company is responsible or liable for the damage by the Applications of Consumer Contract Law of Japan or other reasons the responsibility and liability of the Company for the damage are limited to the total amount that the Company receives actually from the Registered User during the last twelve (12) months before the date on which the cause of such damage occurs. If the Company receives no money during the last twelve (12) months before the date on which the cause of such damage occurs, the responsibility and liability of the Company for the damage are limited to one thousand (1000) Japanese Yen.

Article17: Confidentiality

17.1 For the purposes of the Terms, the “Confidential Information” means any and all information related to technology, business, operation, finance, organization, etc. of the Company which may be provided or disclosed by the Company to, or come to the knowledge of, the Registered User in connection with the Terms or the Applications in writing, orally or in storage media, etc., but excluding information (1) which is generally available to the public or known to the Registered User at the time when the information is provided or disclosed by the Company to or comes to the knowledge of the Registered User; (2) which becomes publicly known through publication or otherwise without fault of the Registered User after the information is provided or disclosed by the Company to or comes to the knowledge of the Registered User; (3) which the Registered User has lawfully acquired without any obligation of confidentiality from a third party authorized to provide or disclose the information; (4) which the Registered User has developed independently of the Confidential Information, or (5) which is confirmed by the Company in writing to be excluded from the obligation of confidentiality.

17.2 The Registered User shall use the Confidential Information of the Company solely for the purpose of using the Applications hereunder, and shall not provide, disclose or divulge the Confidential Information of the Company to any third party without the Company’s prior written consent.

17.3 Notwithstanding the provision of Article 17.2, the Registered User may disclose the Confidential Information of the Company when such disclosure is required by law or by an order, requirement or request of a court or governmental authority; provided, however, that such order, requirement or request shall be promptly notified to the Company by the Registered User.

17.4 The Registered User shall first obtain the prior written consent of the Company if it intends to reproduce any document or magnetic storage media containing the Confidential Information of the Company, and shall keep the reproductions under strict control in the same manner as provided for in Article 17.2.

17.5 At any time upon request of the Company, the Registered User shall promptly return to the Company or destroy the Confidential Information of the Company and the documents or other storage media containing or including the Confidential Information along with all reproductions thereof in accordance with the instructions of the Company.

Article18: Treatment of User Information

18.1 Treatment by the Company of the Registered User's information shall be subject to the provisions of our Privacy Policy(https://swingmail.co/privacy/), which are separately prescribed, and the Registered User hereby agrees to treatment by the Company of the Registered User's information subject to such Privacy Policy.

18.2 The Company may, in its sole discretion, use any information or data provided by the Registered User to the Company as statistical information in a form that cannot identify an individual, and the Registered User may not challenge or dispute such use.

Article19: Effective Term

The Service Agreement shall become effective on the date of the completion of the registration pursuant to Article 3 in respect of the Registered User, and remain in force and effect between the Company and the Registered User until the earlier of the termination of the registration or the cessation of the provision of the Applications.

Article20: Amendment and Changes to Terms, etc.

20.1 The Company reserves the right to make amendment or change to the contents of the Applications without restriction.

20.2 The Company reserves the right to make amendment or change to the Terms (including, without limitation, the rules and regulations concerning the Applications which will be posted on the Company`s Website; the same shall apply hereinafter in this Article 20.2) at any time. If the Registered User uses the Applications after such amendment or change to the Terms, the Registered User shall be deemed to have agreed to such amendment or change.

Article21: Notice

Any inquiries with respect to the Applications or other communications or notices from the Registered Users to the Company, or the notices concerning any amendment to the Terms or other communications or notices from the Company to the Registered User shall be made in accordance with the procedures specified by the Company.

Article22: Assignment of Terms

22.1 The Registered User shall not assign, transfer, grant security interests on or otherwise dispose of his/her status under the Service Agreement or rights or obligations under the Terms without the prior written consent of the Company.

22.2 In cases where the Company has assigned the business regarding the Applications to a third party, the Company may, as part of such assignment of business, assign to the third party assignee its status under the Service Agreement, its rights and obligations under the Terms, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such assignment in advance. For the purposes of this Article 22.2, the assignment of business referred to above shall include, in addition to the usual form of assignment of business, split of the Company or any other form of restructuring of the Company which would result in a transfer of the business.

Article23: Entire Agreement

The Terms constitute the entire agreement between the Company and the Registered User with respect to the matters contained herein, and supersede all prior agreements, representations and understandings, whether oral or in writing, between the Company and the Registered User with respect to the matters contained herein.

Article24: Severability

If any provision of the Terms or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect, and the Company and the Registered User shall endeavor to agree to an amendment thereof to the extent necessary to make such invalid or unenforceable provision or part thereof legally operative in order to achieve the same purpose and same legal and economic effect as originally contemplated by such invalid or unenforceable provision or part thereof.

Article25: Survival of Provisions

The provisions of Articles 5.2, 6 (to the extent that the Fee is unpaid), 7.5 through 7.7, 8.2, 9.3, 10 through 12, 14.2, 14.3, 14.5, 15 through 18, and 22 through 26 shall survive the expiration or termination of the Terms and remain in full force and effect; provide, however, that Article 17 shall survive only for five (5) years from the expiration or termination of the Terms.

Article26: Governing Law and Jurisdiction

The Terms shall be governed by the laws of Japan. Any and all disputes arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.

Article27: Resolution Through Discussion

Any matters not provided for in the Terms or those giving rise to any doubts with respect to the interpretation of the Terms shall be promptly resolved through good faith discussions between the Company and the Registered User.

Please contact us at info@swingmail.co with any questions regarding this Agreement.


This Agreement was last modified on October 20, 2016.


This Agreement was last modified on December 14, 2015.