Terms of Use

Terms of Use of My Redmine Global Edition Service

The Terms of Use of My Redmine Global Edition Service (the “Terms”) stipulate the terms and conditions of agreement between Far End Technologies Corporation (the “Company”) and the Members (as defined in Article 1) of My Redmine Global Edition Service (the “Service”) provided by the Company, as well as the terms of use of the Service as follows:

Article 1. Application of the Terms and the Service Contents

The Terms apply to any corporations and individuals (the “Member(s)”) who have agreed hereto and applied for the use of the Service and who have undertaken the Company’s screening and been authorized to use the Service.
The Members shall use the Service in accordance with the Terms.
The Members shall apply for membership registration through the procedures prescribed by the Company, upon providing consent to all matters set forth in the Terms, and shall undergo the Company’s screening. The Company shall conduct screening of such applications and notify the Members when they are granted authorization to use the Service. An agreement pertaining to the use of the Service (the “Agreement”) shall then be concluded upon providing such notice.
When changing the Service plan to be used, the Members shall apply for a change of use through the procedures prescribed by the Company. The change of the Service plan shall take effect when the Company sends an acceptance notice in response to such application.
The Service includes:
(i) A hosting service for the project management software, “Redmine” (including the compatible software for Redmine, “RedMica”), which is a service provided by the Company in SaaS format, wherein an individual URL is allocated to each Member on the internet server managed by the Company, and “Redmine,” other stipulated software, and other ancillary technologies are installed thereon, which enables the Members to use such software and other ancillary technologies by accessing the same via the internet, and which enables the Company to retain the Members’ data pertaining to such use; and
(ii) A web support service wherein the Members can make inquiries related to the service set forth in Item (i).

Article 2. Notices

Notices given by the Company to the Members in providing the Service shall be made by using the method which the Company considers appropriate, such as via email or by posting the same on the Company’s website, unless otherwise provided in the Terms.
Notices given by the Company to the Members in accordance with Paragraph 1 shall take effect upon transmission of the email or posting of the same on the Company’s website.

Article 3. Approval of Application for Membership Registration and Issuance of and Responsibility to Manage IDs and Passwords

When approving any application for membership registration, the Company shall issue an ID (an Administrator ID for the service set forth in Article 1, Paragraph 5, Item (i) or an Inquiry ID for the service set forth in Article 1, Paragraph 5, Item (ii), which shall hereinafter be collectively referred to as “Service ID(s)”), and password to the relevant Member in accordance with the service applied for, and notify such Member of the same by using electromagnetic means, such as via email. The Members using the service set forth in Article 1, Paragraph 5, Item (i) may create one or more user IDs issued using each Administrator ID (“User ID(s)”) in order to grant such User IDs to employees or business partners.
There may be cases where the Company does not approve an application for membership registration if the Company considers it inappropriate to approve such application. The Company shall promptly notify the applicant when rejecting such application for membership registration in accordance with this paragraph; provided, however, that the Company shall not bear any obligation to disclose the reason for such rejection.
The Members may not assign, lend or disclose any issued Service IDs and/or passwords to any third party without obtaining the Company’s prior approval.
The Members may not assign to any third party or cause any third party to succeed to their rights and obligations arising in relation to their position as a Member without obtaining the Company’s prior approval; provided, however, that the same shall not apply when causing a Member’s employee or business partner, etc., who is granted a User ID, to use the Service.
The Members shall be wholly responsible for any use and management of their Service IDs, User IDs and corresponding passwords.
Any use of the Service by using an issued Service ID or User ID shall be deemed to have been conducted by the relevant Member, and such Member shall bear any and all Service usage fees and other liabilities pertaining to such use.
Any Member who has forgotten or lost their Service ID and/or password or whose Service ID and/or password has been obtained by a third party against the Member’s will, or who has received any report to that extent from their employee or business partner, etc., to whom the Member granted a User ID, shall promptly notify the Company and follow the Company’s instructions.

Article 4. Other Management Responsibilities

Upon using the Service, the Members shall be wholly responsible for the use and management of their email addresses, telephone numbers, bank accounts and credit cards, etc.

Article 5. Notification of Changes

If any changes occur to the matters registered with the Company, the Members shall promptly notify the Company of the details of such changes through the procedures prescribed by the Company.
The Company shall assume no responsibility whatsoever for any disadvantage suffered by any Member due to such Member not providing the notification set forth in the preceding paragraph.

Article 6. Change of the Terms

The Company may change the contents of the Terms by notifying the Members of the making of such change and the details thereof by posting the same on the website operated by the Company in relation to the Service (the “Website”) with a thirty (30)-day notice period.
The Terms after such change shall take effect upon posting the same on the Website after undergoing the procedures set forth in Paragraph 1, unless otherwise provided in the Terms.
The Members shall be deemed to have provided consent to the application of the Terms after such change if such Member has not provided a cancellation notification for the Service to the Company in accordance with Article 12 by the time of expiry of the notice period set forth in Paragraph 1.

Article 7. Provision of the Service

The Members can use the Service by logging in with their Service IDs and passwords.
The Members may cause their employees or business partners, etc., to use the Service by granting User IDs to such employees, etc. In that case, the Members shall cause such employees, etc., to comply with the obligations under the Terms upon using the Service, and the Members shall be responsible for any and all breaches of the Terms by such employees, etc.

Article 8. Service Usage Fee

The Members may try the service set forth in Article 1, Paragraph 5, Item (i) for free for a certain period of time until the date separately prescribed by the Company, at a maximum.
When continuing the use of the service set forth in Article 1, Paragraph 5, Item (i) after the end of the free trial, the Members shall pay an usage fee of the Service (the “Service usage fee”) to the Company. The system, payment method and payment due date, etc., pertaining to such Service usage fee shall be as stipulated by the Company on the Website and as separately notified by the Company upon the application procedures for the Service.
The Company may change the contents of the Service, usage fee and payment method for the Service due to operational reasons.
The Company shall not reduce the amount of, or return the Service usage fee, in respect of any Member, for any reason whatsoever.

Article 9. Cost

Each Member shall bear any and all costs for computers, software, internet connection and communication that such Member needs in order to use the Service, and any other equipment required in association therewith. Each Member shall connect to the Service via a telecommunication service of such Member’s choice, at such Member’s own responsibility and expense.

Article 10. Delay Damages

If a Member fails to meet the payment due date for the Service usage fee set forth in Article 8, such Member shall pay the Company such money payable, together with delay damages based on the statutory interest rate for the period from the day immediately following such payment due date to the day the payment for such money payable is made. In addition, if a Member is required to pay any money for causing damage to the Company, such Member shall pay the Company such money payable together with delay damages based on the statutory interest rate for the period from the day on which such damage occurred to the day the payment for such money payable is made.

Article 11. Service Usage Period

The Service usage period shall be determined when the Company approves an application for membership registration; provided, however, that unless a Member or the Company otherwise expresses an intention not to extend the Agreement by the expiration date thereof, the Agreement shall be renewed automatically for the same period from the day immediately following such expiration date, with the same to apply thereafter.

Article 12. Cancellation by the Members

The Members may cancel the Agreement by giving a notice of cancellation to the Company by a method prescribed by the Company, which shall come into effect on the last day of the month in which the Company accepts such notice.
If a Member has not settled any unpaid Service usage fee, etc., or is liable for delay damages at the time the notice set forth in Paragraph 1 is received by the Company, such Member shall immediately make such payment.
If a Member does not agree to the Terms and/or any revision to the Service usage fee, such Member may cancel the Agreement regardless of the provision on the minimum usage period.

Article 13. Disposition for Suspension of Use of the Service/Cancellation by the Company

The Company may immediately make a disposition for suspension of the use of the Service (meaning suspending the provision of all or part of the Service for a specified or unspecified period) or cancel all or part of the Agreement without being required to give any prior notice to the relevant Member, if the Company determines that:
(i) Such Member has been delinquent in paying any Service usage fee;
(ii) Such Member has paid any Service usage fee by wrongful means;
(iii) Such Member has made a false statement or has failed to fill in any necessary information in the notice, etc., given to the Company in the course of the procedures for applying for membership registration or changing any details regarding the use of the Service, or any other procedures;
(iv) Such Member has suspended the payment of debts as owed or has become unable to pay any debts as owed;
(v) Any bill or check drawn or accepted by such Member has been dishonored;
(vi) Such Member has become subject to a petition for attachment, provisional attachment or auction, or disposition for delinquency in the payment of any taxes or other public charges;
(vii) Such Member has become subject to a petition to commence bankruptcy proceedings, corporate reorganization proceedings or civil rehabilitation proceedings, or any significant concern has arisen regarding such Member’s credit status;
(viii) Such Member has become subject to a disposition for cancellation or suspension, etc., of its business license by a supervisory government agency;
(ix) Such Member has adopted a resolution on any matter such as the dissolution or capital decrease of such Member, or assignment of all or any material part of its business;
(x) Such Member has breached any provision of the Terms and has failed to correct such breach within a reasonable period even though such Member had been requested to correct such breach by the Company;
(xi) Notwithstanding the preceding item, such Member has breached Article 3 or 16 of the Terms; or
(xii) Other than the preceding items, any event has arisen which makes it difficult to implement the Terms.
Even if a Member becomes subject to a disposition for suspension of the use of the Service in accordance with the preceding paragraph, or even if the Agreement is cancelled, the Company shall not reduce the amount of the Service usage fee or return the same. In addition, the Company shall not be precluded from separately claiming compensation for damage against such Member.
If a Member has not settled any unpaid Service usage fee, etc., or is liable for delay damages at the time the Agreement is cancelled by the Company in accordance with Paragraph 1, such Member shall make such payment by the date specified by the Company.

Article 14. Discontinuance of the Service

In the event of any of the following items, the Company shall be able to discontinue the Service in whole or in part and shall cancel the Agreement in whole or in part as of the discontinuance date:
(i) Where such discontinuance is notified to the Members no later than thirty (30) days prior to the discontinuance date; or
(ii) Any Act of God or other force majeure event prohibits the Service from being provided.

Article 15. Processing After Termination of the Agreement

In the event that the Member has any equipment or software, etc., that were provided by the Company upon using the Service, or any materials, etc., that are related thereto (hereinafter, including a whole or part of the reproductions of such software and materials, etc.) as of the termination of the Agreement, regardless of the cause of such termination, the Member shall immediately return to the Company, or destroy in accordance with the Company’s instructions, the same and erase any software and materials, etc., stored in the Member’s facilities, and the like, at the Member’s responsibility.
In the event that the Member’s use of the Service ends, and there are any materials, and the like (hereinafter, including any reproductions in whole or in part of such materials, etc.), provided by such Member to the Company, the Company shall immediately destroy the same in accordance with the Member’s instructions and erase any data, materials, etc., that are recorded in any internet server or other facilities under the Company’s control, at the Company’s responsibility; provided, however, that this provision shall not apply if laws and regulations, etc., require the Company to retain the same.

Article 16. Prohibition

The Members are strictly prohibited from engaging in any of the following acts in using the Service, in addition to other acts prohibited in the Terms. In addition, the Members may not cause any third party to engage in the same acts:
(i) Any act of using the Service without following the procedures prescribed by the Company;
(ii) Any act of disrupting the operation of the Service;
(iii) Any act of registering, filling in, or sending any fraudulent information;
(iv) Any act of applying for the membership, despite having received in the past any disposition for suspension of the use of the Company’s services or a cancelation disposition in relation to any of the Company’s services due to any violation of the relevant terms, or for other reasons;
(v) Any act of reproducing, altering or adapting, or otherwise, any software programs, and the like, located in the internet server under the Company’s control, in a manner different from the normal use methods or other details of use in the course of using the Service;
(vi) Any act of sending or distributing computer viruses or other harmful computer programs, any act with the purpose of sending email chain letters or spam emails, and any act that adds a significant load on the Service;
(vii) Any act of fabricating or erasing any information of the Company or any third party;
(viii) Any act of soliciting for any pyramid schemes, network marketing, etc., or any act of collecting personal information incidental thereto;
(ix) Any act that infringes, or might infringe, the Company’s or any third party’s trademark rights, copyrights or other intellectual property rights;
(x) Any act that infringes, or might infringe, the Company’s or any third party’s property, privacy, reputation or portrait rights, and any act involving stalking;
(xi) Any act leading to discrimination, defamation, or detriment to the reputation or credit of other people, and any act that is racially, ethnically or religiously offensive;
(xii) Any act detrimental to the Company’s or any third party’s reputation or credit;
(xiii) Any act of distributing any explicit videos, photos, etc., or redirecting the relevant webpage to other webpages on which the same appears; or
(xiv) Aside from any of the foregoing items above, any illegal act, any act that is against public order and morals, and any and all acts that are otherwise considered by the relevant authority or the Company as inappropriate based on common sense.

Article 17. Temporary Suspension of the Service

If any of the following events occurs, the Company may temporarily suspend the operation of the Service without any prior notice to the Members:
(i) Where any regular or emergency maintenance for the Service or any relevant facility is conducted;
(ii) Where the provision of any telecommunication lines, electricity, etc., in use for the Service is interrupted;
(iii) Where fire or outage, etc., makes it impossible to operate the Service;
(iv) Where an earthquake, typhoon, flood, tsunami, other Act of God or any other emergency occurs, or might occur, and this triggers any requests or instructions under laws and regulations or guidance to limit telecommunications, or otherwise, or where the Company considers it necessary to do so; or
(v) Where any other technical unfeasibility prohibits the Service from being operated.
The Company will assume no responsibility whatsoever for any damage incurred by the Members or any third party, arising out of any delay in, or temporary suspension of, the operation of the Service.

Article 18. Damages

If the Company assumes any obligation to compensate for damage incurred by the Members in relation to the provision of the Service, the Company shall be responsible for normal, direct damage that is actually incurred by the Members, with the limit of the compensation amount to be equivalent to the monthly Service usage fee paid by the Members to the Company. The Company will not assume any responsibility to compensate for the Members’ loss of profit, indirect damage, or other damage incurred by the Members through any special circumstances, whether or not the Company foresaw the same.

Article 19. Indemnification

The Company does not ensure the definite provision of the Service, the Members’ definitive use of the Service, or the purposiveness or effectiveness of use of the Service by the Members.
If any damage incurred by the Company or any third party, or any breach of rights of the Company or any third party in the course of the use of the Service is attributable to a Member, the Member shall resolve the same at its own responsibility and expense and shall not make any monetary or other claims against the Company.
The Company will assume no responsibility to compensate for any damage incurred by any third party that is attributable to the Member when such Member uses the Service.
The Member shall not cause any trouble or damage to the Company upon using the Service.
In the event of any delay or failure in performance of liability in relation to the provision and use of the Service caused by any Act of God, war / riot / civil commotion, establishment, amendment and abolishment of laws and regulations, any order or disposition by any public authority, strike or other act of dispute, transport accident, or other reasons unattributable to either the Member or the Company, such Member and the Company shall not be responsible for the same.
The Company will assume no responsibility to the Member for the damage falling under any of the following items or pertaining to any secondary leakage, loss or damage of data incidental or related to any of the following items:
(i) Any damage caused by any program that was not provided by the Company;
(ii) Any damage caused by any misconduct by any third party other than the Company; or
(iii) Any damage caused by bugs in the Website or the Service, occurring despite the Company engaging in its business activities with the due care of a prudent manager.

Article 20. Handling of Personal Information

In the event that the Company obtains any Personal Information (based on the definitions set forth in Article 2 of the Act on the Protection of Personal Information) from the Members upon providing the Service, the Company shall handle such Personal Information in accordance with the same law and other personal information protection policy as prescribed by the Company.
The Company will not handle, through the use of the Service by a Member, any Personal Information that is retained in the internet server under the Company’s control.

Article 21. Confidentiality

Neither during nor after the period of using or providing the Service may any Member or the Company (the “Receiving Party” in this Article 21) disclose or leak to any third party any business or technical information disclosed or provided by the other party (the “Disclosing Party” in this Article 21), which has been specifically designated as confidential by the Disclosing Party in advance, and the scope of confidential information of which has been specified and which has been indicated as confidential information at the time of its provision (“Confidential Information”); provided, however, that this shall not apply to any information that:
(i) Was already in the possession of the Receiving Party at the time of the disclosure;
(ii) Was already in the public domain or use at the time of the disclosure;
(iii) Became publicly known or used for a reason not attributable to the Receiving Party after it was disclosed by the Disclosing Party;
(iv) Is independently developed by the Receiving Party without reference to the information disclosed by the Disclosing Party after the disclosure thereof;
(v) Was lawfully obtained from a third party without owing any confidentiality obligation; or
(vi) Is required to be disclosed by the Receiving Party in accordance with the provisions of applicable laws.
The Company shall handle as Confidential Information any information retained or stored by the Members on the internet server managed by the Company through their use of the Service, even if such information is not designated or indicated as Confidential Information.
The Receiving Party shall use Confidential Information provided by the Disclosing Party only within the scope of the purpose of using or providing the Service (including for the improvement or enhancement of the functions of the Service if the Company is the Receiving Party). In order to provide the Service smoothly, the Company may check the Members’ operation logs and other relevant information only when it becomes necessary to investigate and resolve any technical issue or malfunction. The Company shall perform such investigation while giving the utmost consideration for the Members’ privacy protection.
The Company may analyze or translate information retained or stored by the Members through the use of the web support service, on the internet server managed by the Company, for the purpose of answering inquiries, by using tools and services that are:
(i) built and managed by the Company and operate through facilities such as internet servers managed by the Company; or
(ii) provided by third parties on the internet. The Company shall perform such work while giving the utmost consideration for the Members’ privacy protection.
Upon the Disclosing Party’s request, the Receiving Party shall return to the Disclosing Party or delete any materials, etc., concerning Confidential Information that it received.

Article 22. No Relationship with Anti-Social Forces

The Company and the Members each represent and warrant that such corporation or individual:
(i) is not an anti-social force at the time of the execution of the Agreement, and will not be an anti-social force in the future;
(ii) has never been an anti-social force;
(iii) will not use any anti-social force;
(iv) will not damage the other party’s/parties’ reputation or credibility, or interfere with the other party’s/parties’ business, or engage in any unjust acts of demand, such as by identifying itself as an anti-social force; and
(v) has no major investors, officers or employees who are members of an anti-social force.
If the Company or any Member (the “Non-Breaching Party” in this Paragraph 2) discovers that the other party (the “Breaching Party” in this Paragraph 2) is in breach of the preceding paragraph, the Non-Breaching Party may terminate the Agreement without being required to give any notice or demand, and shall not provide compensation for any damage incurred by the Breaching Party as a result of such termination.

Article 23. Governing Law and Jurisdiction

The Terms and the Agreement shall be governed by the laws of Japan, and if any necessity arises to file a lawsuit regarding any dispute concerning the Terms or the Agreement, the Osaka District Court or the Matsue District Court shall be the agreed-upon exclusive courts in the first instance if the Company is the Plaintiff, and the Matsue District Court shall be the agreed-upon exclusive court in the first instance if the Company is the Defendant.

Supplementary Provisions
Implemented on 8, 7, 2024