Welcome to the software services (the “Service”) provided by Otani & Co., Inc. and its affiliates (“Otani” or “we”). By accessing or using the Service, including any related software or external applications that interact with it, you (“User”) agree to be bound by these Terms of Use (the “Terms”) without objection. These Terms include all applicable procedures, policies, and conditions described on this site, including those concerning the handling of personal information, copyrights, and related matters.
We may revise these Terms, as well as related policies, procedures, and operational guidelines, at any time at our sole discretion. Any updates will become effective upon being posted on this page. Any updates will be effective upon being posted of the revised version on this page. Also, all notices of changes to these Terms of Use will be posted on this page for 15 days (unless changed again during that period). You are responsible for reviewing any notices of change and any applicable changes. Changes to the referenced procedures, guidelines, and terms and conditions may be posted on this page without notice to users. Continued use of the Service after revisions are posted constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must discontinue use of the Service immediately.
For complete details, please refer to the official privacy policy written in Japanese.
1. Eligibility for Use
Use of the Service is limited to persons—whether individuals or legal entities— who are legally able to enter into a contract under applicable law and who understand, read, and write the language. Minors under the age of 18 may not use the Service without the consent of a parent or legal guardian. In order to register for the Service, a User must provide information that identifies the individual user and his/her email, as well as other information about the User and his/her use of the Service through the registration form provided by Otani on the Service or through other designated means of communication.
2. Status of a User
Users may hold an account on the Service either as an “individual” (a natural person) or as a “legal entity” (such as a corporation or organization). The classification is determined based on the nature and context of the User’s use of the Service.
3. Fees, Payment Obligations and Conditions
All services consist of free services and paid services. When a user uses a paid service, the user is obligated to pay the usage fees, etc. specified for the paid service portion. In such cases, the user of the paid service shall be obligated to fulfill the payment conditions, etc. in the manner determined by us within 7 days from the time of billing by us, unless otherwise determined in the paid service portion.
In addition, even for the free service portion, the user shall be obliged to pay the usage fees, etc. as determined by us when deemed necessary by us. In such cases, the terms of payment shall be in accordance with those stipulated in these Terms of Use, except as otherwise provided.
4. Applicable Terms and Conditions
In using the Service, the user agrees to follow the procedures and terms outlined in the “Help” section and other parts of this document. These procedures, terms and conditions are hereby incorporated by reference into these Terms of Use. The procedures and terms and conditions found in the Help explain the necessary procedures and indicate what is permissible and prohibited.
These procedures and terms and conditions are subject to change in the future, and such changes will be effective upon posting on the Site without notice to users. Please refer to the “Help” page regularly to understand and implement the latest procedures and terms of service. Users shall provide all requested information, including identifiable user information (such as selected map coordinates or usage context) and the purpose of use, in the manner and at the time specified by us, and We may release such information on its own authority.
5. Reservation of Our Rights
We reserve the right to determine and modify the appearance, design, functionality, and other aspects of the Service, including the right to redesign, delete, or change any content or features at our discretion. We also reserve the right to publish, delay, suspend, or refuse any information at our sole discretion. Furthermore, we may withhold information about a user’s status for investigation purposes, or deny, limit, or suspend access to such information. Users must suspend or cancel any use upon our request.
The User grants us the right to reuse, free of charge, any information uploaded by the User (including but not limited to images and text) in documents related to the Service (including electronic documents), for the purpose of promotion, advertising, or introduction of the Service. We may edit or modify such content as we deem necessary and appropriate. However, such use shall not infringe, or be intended to infringe, upon any intellectual property rights of the User. Users are responsible for taking appropriate measures to protect their intellectual property rights outside of this Service and any affiliated services. Any disputes or actions regarding such rights are solely between the User and the relevant third party (e.g., site operator, domain administrator), and we assume no responsibility in such matters.
6. Rights
All intellectual property rights related to the Service belong to us. This includes, but is not limited to, the appearance, design, functionality, and any other elements that define the nature of the Service (including, but not limited to, calculated values and computer programs used for such purposes). However, this does not apply to content where copyright or other rights are clearly indicated within the Service as belonging to a third party.
7. Prohibited Acts
The Service may be used only for lawful purposes and by lawful means. Users shall comply with all applicable laws, statutes, ordinances, and administrative regulations. If a user engages in any of the following prohibited acts, they must immediately cease use of the Service and shall be liable to compensate us for all resulting damages.”
- Infringing, or likely infringing, any intellectual property rights associated with the Service (including but not limited to software developed by Otani & Co., Inc. and its affiliates), including through actions such as reverse engineering or generating excessive API requests.
- Continuously sending requests to the server using automated programs or similar methods, regardless of the request frequency.
- Any other actions deemed inappropriate by us.
In the event of a prohibited act, the amount of compensation shall be the greater of: (i) 50,000 yen per day per license, or (ii) five times the amount of any fees or compensation received in connection with the user’s use of the Service. This amount may be calculated retroactively from the date the prohibited conduct began.
8. Warranty
The Service is provided on an “AS IS” basis. We make no representations or warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. All warranties are expressly disclaimed, including but not limited to the following:
- Implied warranties of validity, accuracy, fitness for a particular purpose, title, and non-infringement of the information provided;
- Any guarantee that the Service will meet all user requirements, or that it will always be available, accessible, uninterrupted, updated, secure, or error-free;
- Any obligations, liabilities, rights, claims, or remedies for torts, whether caused by our negligence or otherwise;
- All other warranties, to the fullest extent permitted under applicable law.
9. Disclaimer of Warranties
In the event of any dispute or damage arising from the use of the Service, the User agrees to indemnify and hold us, including our agents and employees, harmless from and against any and all claims, demands, and damages of every kind and nature—whether known or unknown, suspected or unsuspected, disclosed or undisclosed—that arise from or are in any way connected with such dispute or damage.
10. Indemnification and limitation of liability
Indemnification
The User shall indemnify, defend, and hold Otani & Co., Inc. and its affiliates (including their employees, directors, agents, and representatives) harmless from and against any and all claims, expenses, damages, judgments, penalties, profits, and costs (including attorneys’ fees) arising from or related to: (a) Any breach or alleged breach of the User’s representations, warranties, and obligations set forth in these Terms of Use; (b) Infringement of intellectual property rights related to the User’s website or any content provided by the User (including physical goods), or any related claim; (c) Any other acts or claims that we, in our sole discretion, deem necessary.
Limitation of Liability
We shall not be liable for any damages, including but not limited to direct, indirect, incidental, punitive, or consequential damages, arising from or related to these Terms of Use, the distribution of information, the failure or inability to use this service, or any transactions conducted in connection with this service.
11. Governing Law
The Service is organized, provided, and operated by Otani & Co., Inc., located in Japan. These Terms of Use and all its terms and conditions shall be governed by the laws of Japan. Any lawsuits or legal disputes arising out of or relating to the Service (including these Terms and Conditions) shall be subject to the exclusive jurisdiction of the Tokyo District Court or another relevant court in Tokyo, as determined by the company.
12. Disputes
We shall not act as an agent for the user for any purpose or under any circumstances. Accordingly, we will not act as an intermediary in resolving any disputes between users that may arise through the Service. We request that users cooperate with one another to resolve such disputes independently.
13. Assignment
By agreeing to these Terms of Use, you grant Otani & Co., Inc. and its affiliates the right to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works from, and make commercial or non-commercial use of the content you provide, in any manner, and through any media, now known or hereafter created, without compensation. This right is nonexclusive, irrevocable, royalty-free, and perpetual. Additionally, you grant Otani & Co., Inc. and its affiliates the right to sublicense these rights to others, including operators of websites or the Site, and to distribute, offer, advertise, and commercialize any goods or services related to your content.
However, we will not alter your trademarks (e.g., non-textual trademarks provided separately from any specific materials) in a way that changes their relative proportions, except for resizing to fit display requirements. We will also comply with any reasonable request from you to remove the use of your trademarks, provided such removal cannot be made using standard features on the Service.
Notwithstanding the above, nothing in these Terms of Use will prevent Otani & Co., Inc. from using your content as permitted by applicable law, such as under fair use or with a valid third-party license. You represent and warrant that you own or control all rights to the content you provide, that it is lawful, and that the use of such content by Otani & Co., Inc. and its affiliates will not infringe any third-party rights.
14. Termination
We may, at our sole discretion and for any reason, immediately terminate the contractual relationship under these Terms of Use, revoke your access to the Service, and discontinue the provision of any information without notice. Additionally, in the event of termination based on any terms of use related to the Service, we reserve the right to terminate these Terms of Use, revoke your access to the Service, and discontinue the provision of information. If the contractual relationship under these Terms of Use is terminated, any current or future agreements related to the Service, along with access to the Service and any retroactive information, may also be terminated.
15. General Terms and Conditions
Entire Agreement
These Terms of Use constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior agreements, claims, representations, and understandings between the parties related to the same.
Absence of Agency Third Party Beneficiaries
We do not act as an agent, trustee, fiduciary, or representative of the User. Nothing expressed, implied, or referred to in these Terms of Use shall confer any legal rights, remedies, or claims on any person other than the User in connection with these Terms of Use. These Terms of Use, including all representations, warranties, covenants, conditions, and provisions, are intended solely for the benefit of the parties involved.
Severability
If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, it will be considered severable from the other provisions. The remaining provisions will continue to be valid and enforceable.
Non-Waiver
We will not be deemed to have waived any rights or remedies under these Terms of Use unless the waiver is in writing, signed, and sealed. No delay or failure to exercise any right or remedy will be considered a waiver. The exercise of one right or remedy, or part of a right or remedy, does not preclude the further exercise of any other right or remedy. Our failure to enforce strict compliance with any provision of these Terms of Use does not waive our right to enforce compliance with that provision or any other provision.
Assignment
You may not assign or delegate these Terms of Use, or any rights or obligations hereunder, either voluntarily or by operation of law, without our prior written consent. We may assign or delegate these Terms of Use, or any rights or obligations hereunder, without the User’s consent.