Terms of Use of the “Eight” Premium Service
* The users must consent to the Terms of Use to use the “Eight” Premium Service (“Premium Service”) offered by Sansan, Inc. (“Company”). The users must also make sure to read and give consent to the Terms of Use of the “Eight” Service before using the Premium Service.
Article 1 (Overview)
1. The Terms of Use of the “Eight” Premium Service (“Terms of Use of the Premium Service”) shall constitute a part of the Terms of Use of the “Eight” Service as the “Other terms of use, etc.” provided in the Terms of Use of the “Eight” Service.
2. The Terms of Use of the Premium Service shall be applied to any relationship between the Company and the Premium Members (defined in Article 2, Item 2 herein) who use the Premium Service (defined in Article 2, Item 1 herein) and shall prevail over the provisions in the Terms of Use of the “Eight” Service.
3. The Terms of Use of the Premium Service are originally written in Japanese. In the event of any difference between the translated version and the Japanese version, the Japanese version shall prevail.
4. The Premium Members shall be deemed to have consented to the Terms of Use of the Premium Service and those of the “Eight” Service upon their use of the Premium Service.
5. When the Company makes changes to the content of Terms of Use of the Premium Service, the updated Terms of Use, and the date on which the changes take effect will be uploaded in advance by the Company to the Premium Service’s website or distributed through other media that the Company judges appropriate. By continuing to use the Premium Service after changes to Terms of Use of the Premium Service, you agree to those changes.
Article 2 (Terminology)
The terms used hereunder shall have the meanings set forth in each of the following. All of the terms defined in the Terms of Use of the “Eight” Service shall be used in these Terms of Use of the Premium Service in the same meanings unless otherwise provided hereunder.
(1) The “Premium Service” is paid service offered by the Company which can be used by Premium Members in the “Eight” Service. These Terms of Use of the Premium Service treat the “Eight” Service, which is the basic service, and the Premium Service separately.
(2) The “Premium Members” are users who use the “Eight” Service (“Users”), register as a “Premium Member” and use the “Premium Service” of the “Eight” Service.
(3) The “Eight Team” is paid service offered by the Company which can be used by corporations or organizations that have completed registration process in accordance with the “Terms of Use of Eight Team”.
Article 3 (Registration for the Premium Service)
1. Users who wish to use the Premium Service must consent to the Terms of Use of the Premium Service and apply to register as a Premium Member in a method instructed by the Company.
2. Users must offer necessary information in a method instructed by the Company upon applying for the registration as a Premium Member and the Company shall conduct a necessary review for the registration. When the Company decides to admit the User as a Premium Member, it shall notify the User of the completion of the registration proceedings and the User shall then be able to use the Premium Service upon the receipt of the notification.
3. The Company may cancel, terminate or erase the member registration at its own discretion if:
(1) the User or the Premium Member has been forced to withdraw from the “Eight” service or the Premium Service in the past due to the violation of the Terms of Use of the “Eight” Service or the Terms of Use of the Premium Service;
(2) the User or the Premium Member has an issue with credit risk; or
(3) the Company otherwise judges that the User or the Premium Member is not appropriate for the service.
4. The Premium Service is available for Users who have registered as Premium Members. The rights and obligations related to the Premium Service cannot be assigned to any person except for the Premium Member himself. The Company will not reimburse the fee paid or transfer the account to another User even if a User registered as a Premium Member under another User’s account.
Article 4 (Contents of the Premium Service)
The Company shall describe the contents of the Premium Service on the “Eight” website.
Article 5 (Changes to the Premium Service)
1. The Company may add, change, suspend, or end a part or the whole of the “Eight” Service at any time and for any reason whatsoever.
2. The Company shall not be responsible for any damages incurred on a Premium Member due to the addition, change, suspension or termination of the Premium Service.
Article 6 (Fee for the Premium Service)
1. The Premium Members shall pay to the Company the fee for the Premium Service (“Fee”) which is described on the “Eight” website by the methods designated in Article 7 of these Terms of Use of the Premium Service by the payment date designated by the Company.
2. The Company shall not refund or return the Fee paid by a Premium Member even when the Premium Member cancelled, terminated or ceased the registration as a Premium Member during the term of the registration. Premium Members should be aware in advance that the Company shall not, in any case, refund the Fee wholly nor partly by calculating on a pro rata basis.
3. The Company may change the amount of the Fees for the Premium Service at its own discretion with notice to the Premium Members in advance.
4. If a Premium Member is located outside Japan, the Premium Member shall bear all taxes that may accrue to the Company under the law of countries other than Japan.
Article 7 (Method of Payment)
1. The Premium Members must register their own valid credit card or other payment methods as the payment method for the Premium Service on the “Eight” website, “App Store”, or “Google Play” and pay the Fee by the card or other methods.
2. The above payment methods shall be either one of the following:
(1) credit card;
(2) method designated by “App Store” or “Google Play”;
(3) token or product key issued by the Company; or
(4) other methods designated by the Company.
3. The Premium Members must change the registered credit card information (e.g., credit card company, credit card number) if there is any change in accordance with a designated way and make sure to pay the Fee without delay. The Company shall not be responsible for any damages accrued on the Premium Members due to a failure to make a change accordingly.
4. The Company shall not issue any receipt for the payment of the Fee provided in this Article.
Article 8 (Automatic Renewal of the Registration for the Premium Service)
1. The registration for the Premium Service shall be automatically renewed after the expiration of the term of the registration unless a Premium Member purchased the Service with a token or a product key. A Premium Member may opt out of the automatic renewal with a method designated by the Company by the end of the registration term. However, a Premium Member must take the method designated by “App Store” or “Google Play” respectively to opt out of the automatic renewal when he or she has registered for the Premium Service on the “App Store” or “Google Play.”
2. When a Premium Member renewed the registration for the Premium Service, he or she must pay the Fee at the rate applicable as of the renewal date.
Article 9 (Default Charge)
When a Premium Member fails to pay the Fee by the due date, he or she must pay the default charge by the method designated by the Company; the default charge will be calculated by increasing the outstanding sum by a legally determined interest rate. The transaction costs and other expenses necessary for the payment shall all be paid by the Premium Member.
Article 10 (Disclosure of Personal Information of Premium Members)
1. Premium Members shall in advance give consent to the disclosure of their personal information to credit card companies or other entities to the extent the Company considers necessary when the Company considers it reasonably necessary to identify credits and debts of Premium Members and for the payment and collection of the Fees despite of the Company’s provisions on the handling of personal information.
2. Premium Members shall in advance give consent to the management of their credit card information and other payment method information by a contractor entrusted by the Company for the purpose of requesting the payment of Fees to the Premium Members.
Article 11 (Cancellation by a Premium Member)
1. A Premium Member must take a designated method for cancellation and wait for the completion of the process to cancel the registration as a Premium Member. However, a Premium Member must take the method designated by “iTunes App Store” or “Google Play” respectively to cancel the registration and wait for the completion of their process when he or she has registered for the Premium Service on the “iTunes App Store” or “Google Play.”
2. When a Premium Member withdraws from the “Eight” Service, his or her registration as an “Eight” Service User is erased or in other cases when he or she terminates the use of the “Eight” Service, his or her registration as a Premium Member shall be terminated. However, a Premium Member must take the method designated by “iTunes App Store” or “Google Play” respectively to cancel the registration and wait for the completion of their process when he or she has registered for the Premium Service on the “iTunes App Store” or “Google Play” even if he or she has terminated the use of the “Eight” Service.
Article 12 (Suspension or Termination of the use of the Premium Service)
1. The Company may temporarily suspend the use of the Premium Service by a Premium Member or permanently terminate the registration as a Premium Member when it determines that:
(1) he or she has violated the Terms of Use of the “Eight” Service , those of the Premium Service or other terms of use;
(2) he or she has failed to pay the Fee by due date or failed to pay the Fee completely;
(3) his or her use of payment method has been suspended
(4) he or she died or received a judicial order to start a guardianship, curatorship or assistance by another person.
(5) he or she received an order for provisional attachment, provisional disposition, enforcement, seizure of assets or property, or received such an order due to tax delinquency; or
(6) a person filed for bankruptcy or restructuring for the Premium Member.
2. The Company shall not be responsible for any damages or losses accrued on the Premium Members due to the termination in the preceding paragraph.
Article 13 (Damages)
1. Premium Members must compensate for all the damages suffered by the Company due to a violation of the Terms of Use of the Premium Service or related to the use of the Premium Service. The damages to be compensated shall include, but not limited to, indirect damages.
2. The Company shall not be responsible for any damages suffered by a Premium Member related to the use of the Premium Service despite of its contract liability, tort liability or any other legal liabilities. However, when the Company is obligated to bear legal liability against a Premium Member due to applicable consumer protection laws or other reasons despite of the indemnity provisions which indemnifies the Company from and against any and all damages and losses set forth by the Company hereunder or in other instruments, the Company shall compensate for the damages only for its fault to the extent of damages which shall arise ordinarily as direct consequences thereof and to the limits of the amount of the Fees of the Service already paid by the Premium Member to the Company within the past one year from the time when the damages arose. However, the Company shall be responsible for the damages suffered by a Premium Member related to the use of the Premium Service if the damages were inflicted by a gross negligence or willful misconduct of the Company to the extent and to the limits provided above.
Article 14 (Use of the Eight Team)
Premium Members shall use the information on name cards as accordingly for the use of the Premium Service for the Corporations on their own risk and responsibilities when they use the Eight Team and use the information on name cards in their possession in the said service.
[Supplementary Provision]
Set forth on and applied from February 16, 2015.
[History of Revisions]
Revised on September 29, 2017.
Revised on April 1, 2020.
Revised on November 15, 2021.