TROCCO Terms of Use - Current Version
  • 17 Jul 2024
  • PDF

TROCCO Terms of Use - Current Version

  • PDF

Article summary

TROCCO Terms of Use

Article 1 (Purpose of this Agreement)

The TROCCO Terms of Service (hereinafter referred to as the "Terms of Service") sets forth the terms and conditions for the use of the "TROCCO" service provided by primeNumber, Inc.

Article 2 (Definitions)

  1. The "Company" means primeNumber Inc.
  2. Subscriber" means an individual or corporation that has entered into a contract with the Company to use the Service in accordance with Article 3 (Conclusion of Service Usage Contract).
  3. Our Website" means the website operated by us whose domain is "https://trocco.io/" (in the event that the domain or content of our website has been changed, including the website after such change).
  4. The term "the Service" shall mean TROCCO's copyrighted data management support service.
  5. Service Usage Contract" means a contract between the Company and a user for the use of the Service, which is conditioned on the user's agreement to these Terms of Use.
  6. Privacy Policy" means the "Privacy Policy" (or, if the Privacy Policy has been changed, the Privacy Policy after such change) established by the Company.
  7. Cookie Policy" means the "Cookie Policy" (or, if the Cookie Policy has been changed, the Cookie Policy after such change) established by the Company.
  8. Intellectual Property Rights" means copyrights, patents, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to obtain such rights or to apply for registration of such rights).

Article 3 (Conclusion of Service Use Contract)

  1. A person who wishes to use the Service (hereinafter referred to as "Prospective User") may apply to conclude a contract for use of the Service by agreeing to comply with the Terms of Use, Privacy Policy, Cookie Policy, and other conditions stipulated by the Company (hereinafter referred to as "Terms of Use"), and by providing certain information stipulated by the Company (hereinafter referred to as "User Information") in a contract application form, by inputting the User Information on the user interface of the Service, or in any other manner stipulated by the Company (hereinafter referred to as "Application Form"). (2) A "User" may apply to the Company for the conclusion of a Service Usage Contract by agreeing to comply with the Terms and Conditions, etc., and by providing the Company with certain information determined by the Company (hereinafter referred to as "User Information") by filling in the application form or the user interface of the Service or by other methods determined by the Company (hereinafter referred to as "Application Form, etc.").
  2. MTI may determine whether or not to conclude a Service Usage Contract with a prospective user who has applied for conclusion of a Service Usage Contract in accordance with Paragraph 1 (hereinafter referred to as "Applicant"), taking into consideration the criteria determined by MTI and other various circumstances. The Company shall not be obligated to disclose the reason for rejection of such application.
  3. When the Company approves the conclusion of a Service Usage Contract with an applicant, the Company shall notify the applicant of its acceptance of the application for the Service Usage Contract in a manner determined by the Company.
  4. The Service Usage Contract shall be formed in accordance with the contents described in the Application Form, etc. and these Terms and Conditions, etc., at the time when the Company sends the notice of acceptance described in Paragraph 3.

Article 4 (License to Use)

  1. We grant you the right to use the Service as long as you comply with these Terms of Use, etc. The contents of the Service, terms and conditions of use, etc., which the Company grants to the user, shall be as described in the application form, etc. The Company shall not be liable for any loss or damage arising from the use of the Service.
  2. The rights granted under Paragraph 1 shall be non-exclusive, non-transferable, and non-sublicensable.
  3. (2) The Company shall not grant the User permission to lend, reproduce, adapt, publicly transmit, or otherwise use the Service in any manner other than that described in Paragraph (1).

Article 5 (Payment of Consideration, etc.)

  1. The user shall be obligated to pay to the Company the monthly fee and the fee for the first month of use (hereinafter referred to as "Monthly Fee, etc.") stipulated in the Service Use Agreement as consideration for the license under Article 4 and as expenses required for the user to use the Service.
  2. The user shall pay the monthly fee, etc. by bank transfer, direct debit, credit card, or other method designated by the Company on the payment due date specified in the Service Agreement. The user shall bear the cost of payment of monthly fees, etc.
  3. The Company shall not be obligated to refund the monthly fees, etc. paid by the user in accordance with the preceding two paragraphs, regardless of the reason.

Article 6 (Provision of this Service)

  1. The Service shall mean a service that processes and transfers data held or managed by Users through services provided by the Company or third parties (however, limited to services for which the Company has confirmed compatibility with the Service and for which the Service can actually be provided), and stores, analyzes, and provides analysis results on the cloud services used by the Company and by the Company, (2) "Service" means a service that processes, transfers, stores, analyzes, and provides analysis results on the cloud services used by the Company and the Company.
  2. In using the Service, Users shall agree to the Terms of Use, etc., and shall use the Service in accordance with the procedures and conditions prescribed by the Company.
  3. Users may not lend the Service to a third party for use.
  4. In the event that the User allows a subcontractor of the User to use the Service, the User shall also bear the obligations under the provisions of these Terms of Use with respect to the acts of such subcontractor, and shall cause such subcontractor to comply with the provisions of these Terms of Use.
  5. The Company may request Subscribers to submit materials and other reports related to the provision of the Service and the provision of the Service.

Article 7 (Prohibited Acts and Suspension of Use)

  1. When using files sent or received via the Service, Users and Users' subcontractors (hereinafter referred to as "Users, etc.") shall make their own judgments regarding the reliability, accuracy, completeness, usefulness, and absence of viruses of the contents, and shall agree to bear all risks at their own responsibility before using the Service. In addition, when using the Service, the User shall not engage in any of the following acts
    (1) Duplicating or modifying all or part of the Service, or reverse engineering such as decompiling or disassembling (including, but not limited to, "analyzing the contents and converting them into a form that can be read by a third party").
    (2) Transmission of computer viruses or other harmful programs to the Service
    (3) Any act that interferes with the use or operation of the Service or any third party's equipment, facilities, systems, etc. used in connection with the Service.
    (4) Acts that interfere with the smooth operation and provision of this service
    (5) To license, sell, rent, transfer, disclose or lease all or part of the Service (including information on the contents thereof) to a third party. (5) The act of licensing, selling, lending, transferring, disclosing, or leasing to a third party all or part of the Service (including information related to its contents).
    (6) Accessing the Service for any purpose other than the legitimate use of the Service or accessing the Service by any method other than that specified by the Company
    (7) Deletion or alteration of the Company's copyright notice or other rights notices attached to the Service.
    (8) Acts that infringe on the intellectual property rights of users of the Service or third parties other than the Company, the Company's business partners, Users, etc.
    (9) Acts that damage the property, credit, reputation, etc. of users of the Service or third parties other than the Company, the Company's business partners, Users, etc., or that infringe rights to privacy, portrait rights, or other rights.
    (10) Use of our trademarks, company name, logo, etc. without our prior written consent
    (11) Acts of making the Internet access point unknown
    (12) Assigning or offering as collateral a position under the Service Usage Contract to a third party without the Company's prior written consent.
    (13) Other acts that the Company deems inappropriate when using the Service
  2. When we recognize that a user, etc. has committed an act that falls under any of the items of the preceding paragraph, we may notify or demand that the user correct the act, and if the user does not correct the act within a reasonable period of time, we may suspend use of the Service.
  3. If a user continues to use the Service (including use by a subcontractor of the user) after receiving a request to suspend use of the Service as set forth in Paragraph 2, the user shall be liable to us for damages from the date the request to suspend use of the Service is deemed to have reached the user to the date the user actually suspends use of the Service. In the event that the User continues to use the Service (including use of the Service by the User's subcontractors) after receiving the request for suspension of use of the Service as provided in Paragraph 2, the User shall pay to the Company, as compensation for damages, a daily prorated amount of the usage fee for the preceding month per day for the period from the date the request for suspension of use of the Service is deemed to have reached the User to the date the User actually stops using the Service.

Article 8 (Issuance of ID and Password)

The Company shall grant the user an ID and password (hereinafter referred to as "ID, etc.") necessary for use of the Service in accordance with the procedures prescribed by the Company.

Article 9 (Management of IDs and Passwords)

  1. Users shall, at their own responsibility, strictly manage the IDs, etc. issued by the Company to prevent theft or other unauthorized use, and shall not lend, transfer, or offer as collateral for themselves or a third party any IDs, etc. issued by the Company.
  2. Any action taken using a user's ID, etc. shall be deemed to be the action of the user, regardless of whether or not it is the user's own action, and the Company shall not be liable for any damage or disadvantage incurred by the user or any third party as a result of such action.
  3. If a user's ID, etc. is known to a third party, or if a user suspects that his/her ID, etc. is being used by a third party, the user shall immediately notify the Company to that effect and comply with the Company's instructions, if any.
  4. The unauthorized use of a user's ID, etc. by a third party may result in the loss or damage to the Company, business partners (meaning companies with which the Company has business partnerships in the course of providing the Service), or other third parties. (The same shall apply hereinafter.) (hereinafter the same shall apply) or any other third party, the user shall compensate the Company, the business partner company and any other third party for any damages incurred.

Article 10 (Use of Data)

  1. Users shall treat data presented and provided by the Company (including but not limited to text, designs, photographs, videos, and other information provided by the Company on the Service or on the Company's website or other websites operated or managed by the Company) as part of the Company's trade secrets, and therefore shall treat said data as confidential information as stipulated in Article 22. The Company shall treat such data as confidential information as stipulated in Article 22.
  2. Users shall not use the data described in the preceding paragraph for system planning, development, or operation that is the same as, or substantially similar to, or in competition with the Service.
  3. The User agrees that the Company may conduct various analyses, research, surveys, etc. for the primary purpose of improving the Service with respect to data, etc. used by the User in the Service (including, but not limited to, processing, transferring, and storing data in the Service). The User agrees that the Company may conduct various analyses, studies, surveys, etc. for the purpose of improving the Service with respect to the data, etc. used by the User in the Service (including, but not limited to, processing, transferring, and storing in the Service).

Article 11 (Acquisition and Disclosure of Usage History)

  1. For the purpose of auditing and confirming whether or not the User is using the Service in accordance with the Terms and Conditions, etc., and whether or not there is any unauthorized use of the User's ID, etc. by a third party or unauthorized access by a third party, the Company may obtain and store the User's usage history, including date and time of use of the Service (including processing, transfer, storage, as well as login and logout in the Service, The User agrees that the Company may acquire and store the usage history, including the date and time of use of the Service by the User (including processing, transfer, storage, login, logout, etc. in the Service), the domain used when logging in, and the method of use, etc.
  2. During the term of the Service Agreement, the User may view the usage history obtained and stored by the Company in accordance with the method prescribed by the Company. However, this shall not apply in the event of emergency maintenance of the Company's system, system failure, or other reasons that make it difficult to view the usage history, or in the event that the Company deletes the usage history due to the expiration of the storage period specified by the Company, reasonable measures taken by the Company in managing the system and data, or other reasons deemed necessary by the Company.

Article 12 (Non-acquisition of other rights)

The Company grants to the user only the right to use the Service, and does not grant or transfer any intellectual property rights, ownership rights, or any other rights to the Service or any derivatives thereof by the Service Agreement or these Terms of Use, etc. The Company shall not grant or transfer any intellectual property rights, ownership rights, or any other rights to the Service or any derivatives thereof to the user.

Article 13 (Exemption from Liability)

  1. (2) The Company shall not be liable for any loss or damage (including infringement of third party rights) incurred by the User directly or indirectly arising out of or in connection with the use of the Service. (hereinafter the same shall apply in this Article) shall not be liable for any compensation for damages, etc.
  2. The Company shall not be liable to the user for any direct or indirect loss or damage incurred by the user in connection with the unavailability of the Service (hereinafter referred to as "unavailability of the Service") for any reason whatsoever, including but not limited to natural disasters, emergency maintenance or system failure of the Company's system, or other reasons that make it difficult to use the Service, or termination of the Service use agreement. In no event shall TSE be liable for any direct or indirect loss or damage incurred by the user in connection with the unavailability of the service (hereinafter referred to as "unavailability of the service") for any reason whatsoever.
  3. The user shall be obligated to pay the monthly fees, etc. to be paid during the term of the Service Usage Contract at the time of payment, even in the event of unavailability of the Service, and the Company shall not be obligated to refund the monthly fees, etc. already received to the user.
  4. The Company makes no warranty to the user that the Service will be compatible with the hardware or other operating environment used by the user, and that the Service will remain compatible with such operating environment during the term of the Service Usage Agreement.

Article 14 (Cancellation)

  1. When any of the following events occurs to a user, the Company may cancel all or part of the Service Usage Contract without any notice or demand.
    (1) When the business suspension, business license or business registration has been revoked by the supervisory authority
    (2) When there has been a provisional seizure, provisional disposition, seizure, compulsory execution, petition for auction, etc. for exercise of security interest, or disposition for delinquency concerning the property
    (3) When a petition for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation or similar insolvency proceedings has been filed, or when the Company itself has filed such a petition
    (4) When a bill or check is dishonored or a bank transaction is suspended
    (5) When there is a suspension of payment or insolvency of payment
    (6) When a resolution of dissolution (including dissolution by law) is passed (7) When a resolution of dissolution (including dissolution by law) has been adopted
    (7) When the company ceases to have any other business status.
    (8) When it is found that an officer or employee of the Company belongs to antisocial forces
    (9) When the use of the Service has been suspended as provided in Article 7, Paragraph 2.
    (10) When this system is used beyond the purpose and scope of use
    (11) When the representations and warranties in Article 20 (Representations and Warranties) and Article 21 (Exclusion of Anti-Social Forces) are found to be false, or when the Company is found to have violated the assurances in Article 21 (Exclusion of Anti-Social Forces) Section 2.
    (12) Other violations of these Terms and Conditions, etc.
  2. If the subscription agreement is terminated in accordance with the preceding paragraph, the Company may demand compensation from the user for damages caused by the termination.
  3. The user shall immediately terminate use of the Service when the Service Agreement is terminated regardless of cancellation, termination, or any other reason in accordance with this Article.
  4. If the User continues to use the Service (including use by the User's subcontractors) after the termination of the Service Usage Contract, the User shall pay to the Company the amount of the daily usage fee for the preceding month from the date of termination of the Service Usage Contract to the date the User actually stops using the Service. In the event that the User continues to use the Service (including use by the User's subcontractors) after the termination of the Service Usage Contract, the User shall pay to the Company, as compensation for damages, a pro-rated amount of the previous month's usage fee per day for the period from the day the Service Usage Contract is terminated until the day the User actually stops using the Service.

Article 15 (Compensation for Damages)

  1. In the event that a user violates the Service Usage Agreement or these Terms of Use, etc., the user shall be liable for all damages incurred by the Company in connection with said violation (including costs required for investigation and correction of said violation, business damages, costs for tax accountants, certified public accountants, lawyers, etc., which the Company has commissioned to investigate and correct said violation and to resolve disputes with the user or third parties in connection with said violation). (including the costs of tax accountants, certified public accountants, and lawyers, etc. entrusted by the Company to investigate and correct said violation and to resolve disputes with the User or third parties in connection with said violation).
  2. The liability of the Company to the user, regardless of the cause of the claim, shall be direct and ordinary damages actually incurred by the user as a result of the Company's breach of the Service Agreement and these Terms of Use, etc. The Company shall not be liable for damages or lost profits resulting from loss of business opportunities, damage to reputation, malfunction of electronic equipment, loss, destruction or deletion of programs and data. The Company shall not be liable for any damages or lost profits resulting from loss of business opportunities, damage to reputation, malfunction of electronic equipment, or loss, destruction, or deletion of programs or data.
  3. The amount of compensation for damages owed by the Company to the Subscriber shall not exceed the monthly fee for the month in which the damage occurred.

Article 16 (Delayed Payment of Damages)

In the event that a user fails to pay a monetary obligation owed to us based on the Service Usage Contract and these Terms of Use, etc., the user shall be obligated to pay a late payment penalty at the rate of 14.6% from the day following the due date until the payment has been made.

Article 17 (Notification, etc.)

  1. Notices from the Company to the user shall be sent to the registered e-mail address. However, in the event of communication failure or other unavoidable circumstances, the service shall be provided by a method deemed appropriate by the Company. Notices from the Company to users shall be deemed to be effective when they are sent by e-mail from the e-mail server used by the Company.
  2. Notification from the user to the Company shall be made by e-mail sent to the Company's e-mail address designated by the Company. However, in case of communication failure or other unavoidable circumstances, this shall be done by sending registered mail with delivery certification to the Company's address. Any data transmission or e-mail notification from the user to the Company shall be deemed to be effective at the time it reaches the Company's server.
  3. In the event that a notification between the Company and a user is made by data transmission or e-mail, the user agrees that the existence of the notification, the sender, the fact of arrival, the time of arrival and the content of the notification, whether judicial or extrajudicial, shall be conclusively and finally evidenced by a log recorded on the Company's server.
  4. If any of the following user information changes, the user shall immediately notify the Company of the changed information.
    (1) Change of user's name or trade name
    (2) Change of user's location
    (3) Change of Representative
    (4) Change of department name or person in charge
    (5) Change email address or phone number
    (6) Change Domain
  5. The Company shall not be liable for any damage or disadvantage incurred by the user due to the user's failure to notify the Company of the preceding paragraph.

Article 18 (Term of Contract)

  1. The contract term shall be from the start date to the end date specified in the Service Agreement. However, if neither the Company nor the user notifies the Company of the intention to terminate the Service Agreement at least 30 days prior to the termination date, the Service Agreement shall be extended for the automatically extended usage period specified in the Service Agreement, and the same shall apply thereafter.
  2. Even after the Service Usage Contract is terminated, the User shall continue to use the Service in accordance with Article 3 (Conclusion of Service Usage Contract) Paragraph 4, Article 5 (Payment of Consideration, etc.) Paragraph 3, Article 6 (Provision of Service) Paragraph 5, Article 7 (Prohibited Acts and Suspension of Use), Article 9 (ID and Password Management), Article 10 (Use of Data), Article 11 (Acquisition of Usage History) 、開示)第1項、第12条(その他の権利の不取得)、第13条(免責)、第14条(解除)第2項ないし第4項、第15条(損害賠償)、第16条(遅延損害金)、第17条(通知等)、第20条(表明及び保証)、第21条(反社会的勢力の排除)、第22条(秘密保持)、第24条( Article 24 (Validity and Individuality of these Terms and Conditions, etc.) and Article 27 (Governing Law and Jurisdiction) shall remain in effect.

Article 19 (Cancellation before maturity)

During the term of the Service Usage Contract, the Subscriber may terminate the Service Usage Contract by making a lump-sum payment of any and all monies (including but not limited to monthly fees, etc.) owed by the Subscriber to united for the remaining term of the Service. In such a case, the cancellation shall be effective upon completion of such payment, and the Company shall not be obligated to refund any money already received from the user.

Article 20 (Representations and Warranties)

The Subscriber represents and warrants to the Company that each of the following is true
(1) All information provided by the user to the Company in connection with these Terms of Use, etc., is true, complete and accurate in all material respects at the time such information was provided.
(2) (ii) The submission of relevant materials and other reports provided by the Subscriber to the Company are true, complete and accurate in all material respects at the time such materials are submitted or reports are made.

Article 21 (Exclusion of Antisocial Forces)

  1. The Subscriber represents and warrants that it does not fall under any of the following items
    (1) (iii) The applicant's own officers, employees, or principal shareholders fall under the category of organized crime groups, members of organized crime groups, persons who have not been members of organized crime groups for five years, quasi-constituents of organized crime groups, companies related to organized crime groups, general assemblymen, etc., goros of social movements, or special intelligence violent groups (hereinafter collectively referred to as "anti-social forces").
    (2) Antisocial forces controlling one's own business or management.
    (3) Substantial involvement of antisocial forces in one's own business or management.
    (4) Using antisocial forces for the purpose of gaining unjust profits for oneself or a third party, or for the purpose of inflicting damage on a third party.
    (5) Involvement in antisocial forces, such as providing funds or benefits to them.
    (6) (iii) A person who is substantially involved in the management of the company or its officers is in a socially reprehensible relationship with antisocial forces.
  2. Users shall ensure that they do not engage in any of the following acts
    (1) (4) Acts that threaten or use violence against our company.
    (2) (iii) Making unreasonable demands of our company beyond our legal responsibility.
    (3) (iii) Acts of spreading false rumors, using deceptive means, or using force to damage the Company's credibility.
  3. The Subscriber shall cause its subcontractors to make the same representations, warranties, and assurances as in Paragraphs 1 and 2 of this Article.
  4. If a user violates any of the preceding three paragraphs, the Company may terminate the Service Use Agreement without any notice or demand to the user.
  5. Cancellation based on the preceding paragraph shall not preclude the Company from claiming compensation for damages against the user.

Article 22 (Confidentiality)

  1. Users shall, without the prior written consent of the Company, keep confidential any and all technical, business, and operational information of the Company, including ideas, know-how, inventions, drawings, photographs, specifications, data, etc. (hereinafter referred to as "Confidential Information") disclosed by the Company, whether orally or in writing, upon use of the Service or through performance of the Service Use Agreement. The Company shall keep confidential and shall not use such information for any purpose other than the use of the Service, and shall not disclose or divulge such information to any third party.
  2. Notwithstanding the provisions of the preceding paragraph, information for which the user can prove that any of the following items applies shall not be included in confidential information.
    (1) Information that was publicly known prior to its disclosure or knowledge
    (2) Information already in the user's possession prior to its disclosure or knowledge
    (3) Information that has become public knowledge for reasons not attributable to the User after it has been disclosed or obtained
    (4) Information developed by the User himself/herself after being disclosed or obtained, but not by the confidential information
    (5) Information lawfully obtained from a third party with legitimate title without obligation of confidentiality after being disclosed or obtained
  3. Upon termination of the Service Agreement or when requested by the Company, the Subscriber shall return or dispose of the Confidential Information, documents and other recording media containing or containing the Confidential Information, and all copies thereof, in accordance with the Company's instructions without delay.

Article 23 (Handling of Users' Information)

  1. We shall treat the following information entrusted to us by users as confidential information.
    (1) Authentication information registered by the user, such as API and database
    (2) User's personal information
    (3) Other information that the user has clearly indicated is confidential
  2. We shall not disclose, provide, or divulge confidential information to any third party without the prior written consent of the user, nor shall it be used for any purpose other than the performance of the Service Use Agreement and these Terms and Conditions, etc.
  3. We may disclose confidential information to our directors, officers, and employees only to the extent necessary to carry out the purpose of the Service Agreement and these Terms of Use, etc., and may disclose confidential information only to third parties who are obliged to keep it confidential in the course of their duties, such as attorneys or tax accountants.

Article 24 (Validity and Individuality of these Terms and Conditions, etc.)

If any provision of these Terms and Conditions is invalid or illegal, the other provisions of these Terms and Conditions shall remain in full force and effect without being affected in any way by such invalidity or illegality.

Article 25 (Modification of these Terms and Conditions, etc.)

  1. The Company may change these Terms of Use, etc. at any time without obtaining the prior consent of the user.
  2. In the event of any modification of the Terms of Use, etc., the Company shall make the modified Terms of Use, etc., and their effective date and contents known to or notified to users by e-mail, postings on the Company's website, or other methods designated by the Company. However, in the case of changes in content that require the consent of the user under laws and regulations, the consent of the user shall be obtained in a manner prescribed by the Company.

Article 26 (Consultation)

Matters not stipulated in these Terms of Use, etc. and matters in dispute concerning the provisions of these Terms of Use, etc. shall be resolved through good-faith consultation between the parties to the Service Usage Agreement from time to time.

Article 27 (Governing Law and Jurisdiction)

The Company and the user agree that the Service Usage Agreement and the Terms of Use shall be governed by the laws of Japan, and that the Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising between the Company and the user in connection with the Service Usage Agreement and the Terms of Use.

Enforcement and revision of this Agreement
August 1, 2018 Establishment.
January 11, 2019 Revised and applicable
November 1, 2023 Revised and applied


Was this article helpful?