“Kintone Developer Program” (hereinafter referred to as the “Website”) is a service for developers offered by Kintone, Corp. (hereinafter referred to as “Kintone”) concerning its services on “Kintone,” and offers API documents, sample programs and information about various Tips for developers as well as an open community for discussions among developers to solve various issues. This Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) provides for the conditions of use of the Website.
Persons who use the Website (hereinafter referred to as “Users”) shall use the Website in accordance with the Terms and Conditions. If there is any contradiction between the Terms and Conditions and “Help,” “Guidelines,” “Documents,” etc., of each content (hereinafter referred to as the “Contents”), the Contents shall prevail as long as it is the case where such Contents is used.
Users shall be deemed to have agreed to all provisions and any descriptions of the Terms and Conditions once they start using the Website. The Terms and Conditions may be amended by Kintone on its own discretion. Users shall confirm that amendment of any provisions of the Terms and Conditions shall be deemed to be notified to Users once it is posted to Users on the Website of the services provided in the Terms and Conditions (hereinafter referred to as the “Services”). If Users use the Services of Kintone after the notification, Users shall be deemed to have agreed to the amended Terms and Conditions.
Article 1 (User Registration)
Users may register as a user whose information can be registered in the Services in accordance with the method set out by Kintone (such registered users shall be hereinafter referred to as “Registered Users”). At the time of registration, Users shall not disclose information that allows others to make direct contact to Users, such as address, phone number, e-mail address, etc., in the profile column of Registered Users. Kintone shall not be liable for any damage, direct or indirect, caused by disclosure of such information.
Article 2 (Management of Passwords)
Registered Users are required to register their password at the time of registration. Registered Users may not have others use their password and ID. Registered Users shall manage their password in a responsible manner, such as timely appropriate change of password. Kintone shall not be liable for any damage incurred by Registered Users in consequence of, including, but not limited to, example as to unauthorized use of their password by any third party. If such act causes damage to Kintone or any third party, such Registered Users shall be liable for such damage.
Article 3 (Cancellation of Registered User Qualification)
Kintone may not accept an application for the Services, or may terminate the Terms and Conditions and refuse use of the Services and any other services offered by Kintone in the future, if any of the following events should occur:
- if false or incorrect information is given at the time of application;
- if an applicant neglected his or her obligations under the contract in each service etc., offered by Kintone in the past or Kintone determines on its own discretion that there is threat that an applicant will repeat such negligence in the future;
- if Kintone deems it difficult to continue to supply the Services for reasonable reasons;
- if Kintone determines on its own discretion that it may pose a serious problem in its performance of business.
Article 4 (Assignment of Registered User Qualification)
Registered User’s qualification may not be assigned, leased, licensed or pledged etc., to any third party.
Article 5 (Change in Registered Information)
If there is any change in the registered information, Registered Users shall promptly notify Kintone of such changed items in writing or through Kintone. Kintone shall not be liable for any damage caused by failure of notification.
Article 6 (Connection to Website, etc.)
A connection to the Website for receiving the Services shall be made at the expense and responsibility of Users. Kintone shall not be liable for any suspension of connection due to, including, but not limited to, example as to problems with the line while connecting to the Website of Kintone.
Article 7 (License)
- MIT License shall apply to the licenses of sample programs, etc., offered on the Website, unless otherwise specified.
- Sample programs, etc., may contain descriptions about the use of third parties’ programs and API, etc., for third parties’ services for which Kintone does not have copyrights. For the condition of use of third parties’ programs, API, etc., Users shall comply with the license of each program and other rules set by the service providers, and shall confirm such matters at their own responsibility.
Article 8 (Copyrights)
- Except for content transmitted/sent by Users (hereinafter referred to as “Posted Information”), any copyrights, trademark rights, design rights, patent rights, utility model rights, know-how and other rights related to the Services and each content of the Services (hereinafter referred to as “Intellectual Property Rights, etc.”) shall belong to Kintone and its business partner, not to Users. Intellectual Property Rights etc., in content etc., that Users have transmitted/sent to the Services shall belong to Users or the providers who have transmitted/sent such content. Such Intellectual Property Rights etc., are protected by the copyright law, the trademark law and other laws and treaties with respect to intangible property rights. Therefore, Users shall be responsible for legally utilizing such Intellectual Property Rights etc., in the same manner as they legally utilize other copyrighted works etc.
- Users shall not reproduce, reprint, modify, translate, adapt, distribute, publicly transmit, make available for transmission, lease, assign, license or screen, each content, without the prior written consent of the right holder of each content (Kintone, its business partners, or Users who have transmitted/sent content, etc.). Quotation of information given by the provider of each content through the Services shall conform to fair practice, and shall be limited to a reasonable extent for the purpose of quotation, including reporting, review, study, etc. At the time of quotation, written matter shall be clearly stated so as to indicate that copyrighted work made by Users is “main” and the portion quoted from a content in the Services is “sub,” indicating the source of quotation. Users shall confirm that if the above conditions are not met, such quotation shall not be recognized as an authorized quotation. Any change in the name and title of the source of quotation in including, but not limited to, the case when the change is not authorized may constitute a violation of moral right of the author.
- If Users infringe on any Intellectual Property Rights etc., of the right holder of each content and any information transmitted/sent by Users infringes on Intellectual Property Rights etc., portrait rights, rights of privacy and any other rights of a third party, such Users shall take every and direct responsibility for such infringement, and Kintone shall not be liable for such infringement. If Kintone suffers loss or damage in such a case, any User who has committed an act of infringement shall be liable to Kintone for such loss/damage incurred by Kintone.
Article 9 (Use of Information about Registered Users)
- In principle, Kintone will not disclose information that falls under personal information under the private information protection law out of User’s information registered by Registered Users to any third party without the consent of the principal holding such personal information (hereinafter referred to as “Principal”), unless otherwise required by law. Kintone may use such personal information for the operation and management of the Services as well as for the announcement of information about the Services to Users
- Kintone may entrust any third party with the operation of the Services. In such a case, Kintone may disclose personal information of a Registered Users to such an entrusted company without the consent of the Registered Users, but Kintone will manage the entrusted company at its responsibility.
Article 10 (Prohibitions)
- In using the Services, Registered Users may not commit any of the following acts or post information/content that may result in such acts:
- take any action that is offensive to public order and morals;
- take any action that commit any violating act or criminal act (including, but not limited to, upload and distribution of computer virus, junk mail, spam mail, chain letter, other harmful file, help of murder, or conduct of Ponzi scheme), or take any action that assists or is likely to assist the foregoing;
- take any action that infringes on any intellectual property right of Kintone, any business partner of Kintone, any other Users or third party;
- take any action that damages the properties, credit or reputation of Kintone, any business partner of Kintone, any other Users or third party, or any action that infringes on the right related to privacy, portrait right or any other rights of the foregoing party;
- take any action that violates laws and treaties, regardless of whether it may be a willful intention or negligence;
- take any action that is economically/psychologically detrimental to Kintone, its business partners, other Users or any third parties;
- take any action that violates public office election law;
- take any action that constitutes mental abuse and harassment to Kintone, its business partners, other Users or any third parties;
- take any action that provides the Services in a misleading and confusing manner as if the Services were a service of Users or any other third parties, except for acts that are permitted by Kintone separately in writing;
- take any action that is deemed to have an adverse effect on minors;
- take any action that violates any of the provisions of the Terms and Conditions.
- take any action that prevents or is likely to prevent the operation of the Services and all the services provided by Kintone;
- take any action that is or is likely to be detrimental to the credit or reputation of the Services and all the services provided by Kintone; or
- take any action considered inappropriate by Kintone.
- Kintone may delete a part or all of posted information without the consent of Users and any other third parties, if Kintone determines at its own discretion that such posted information may correspond to any of the following cases:
- if Kintone determines at its own discretion that posted information violates any of the provisions of the Terms and Conditions;
- if Kintone determines at its own discretion that the display of posted information is inappropriate.
- Kintone may store information related to posted information (including information about the poster) and disclose it to any third party, if it is necessary for Users to comply with the provisions of the Terms and Conditions, if it is required by law or for the purpose of legal procedures, if it is required to protect the rights of Kintone, its business partners, other Users and any third parties, and if Kintone determines at its own discretion that it is necessary.
Article 11 (Suspension of Services for Specific Registered User)
Kintone may suspend the Services, without any notice, for a specific Registered User by taking measures such as immediate nullification of its password, if Kintone determines that such a specific Registered User threatens to cause damage to Kintone or any third parties.
Article 12 (Disclaimer)
The following disclaimer clauses for the operation of the Services would be provided in the Terms and Conditions:
- Disclaimer of certainty of content in the Services, correctness and safety of information in the Services: Kintone grants permission for Registered Users who have agreed to the Terms and Conditions to have access to the Services and post their information, but gives no assurance on the content of the Services, its secure supply, the result of access nor security of information etc.
- Any use of the Services shall be made at the responsibility of Users: Registered Users shall, at their own responsibility, check the reliability, correctness, completeness, usefulness (benefit) of the content of the Services, including, but not limited to, checking whether Users have legal rights required for storage, reproduction and any other usage of data by Registered Users. Also, Registered Users shall, at their own responsibility, comply with their obligations under laws and regulations on copyrights, confidentiality, libel and slander, dignity, and export and any other laws and regulations. Kintone may not provide any support in relation to the content of the Services, even when there may be any contractual relationship between Users and Kintone including kintone.com services.
- Responsibility for information recommended by Kintone on the Services: The Services may provide Users with recommended information, feature articles or e-mail newsletters, but Kintone may not be obliged to check the content of the websites and data which are linked to any URL information contained in such posted information. Accordingly, Kintone gives no assurance to correctness, recency, lawfulness, morality, license of copyrights, appropriateness of the websites and data that Users visit by reference to recommended information, feature articles or e-mail newsletter.
- Responsibility for temporary suspension of the Services: Kintone may suspend its supply of services temporarily without prior notice to Users for the following reasons. Kintone shall not be liable for any damage caused by this suspension of services.
- if maintenance, inspection or repair is conducted by Kintone;
- if the supply of services is discontinued for reasons of a fire or power failure;
- if the supply of services is discontinued for reasons of a natural disaster etc.; or
- if the temporary suspension of supply of services is required due to operational or technical problems.
Article 13 (Indemnification for Kintone)
All complaints and claims arising out of or in relation to content transmitted by Kintone, use of the Services by Users, connection to the Services by Users, violation of any of the provisions of the Terms and Conditions and infringement of any third party’s rights by Users shall be settled at the expense and responsibility of Users. Any expense incurred or payment for damages made by Kintone in relation to such complaints and claims (including attorney’s fee paid by Kintone) shall be borne by Users.
Article 14 (Change and Abolishment of Services)
Users shall confirm that Kintone may change any content of the Services without prior notice to Users, and Kintone shall not be liable for anything whatsoever, if any content including posted information are deleted or become inaccessible, specific service becomes unavailable, or otherwise any disadvantage or damage is incurred by Users. Kintone may delete any information posted by Users upon termination of the Services.
Article 15 (Severability)
To the extent permitted by applicable law, Users and Kintone hereby waive any provision of law that would render any clause of the Terms and Conditions invalid or otherwise unenforceable in any respect. In the event that a provision of the Terms and Conditions is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of the Terms and Conditions will continue in full force and effect.
Article 16 (Governing Law and Arbitration)
- The Terms and Conditions shall be governed by the laws of Japan except for the case of infringement to conflict of laws principles.
- The User and Kintone Corporation shall firstly request the other party that any controversy, claim or dispute arising in relation to these Terms of Service or Kintone (“Dispute”) is settled amicably through good faith discussions and negotiations. In the event that Dispute cannot be amicably resolved thereby, the User and Kintone Corporation agree that Dispute shall be finally settled by arbitration in California in accordance with the rules of the American Arbitration Association. The proceeding and the award in the arbitration shall be made in English..
- If any dispute shall arise in relation to the Terms and Conditions, the Tokyo District Court has exclusive jurisdiction of the first instance.
Implemented on April 10, 2014
Amended on October 4, 2019