Service Agreement Change
"Remote TestKit (Developers AppKitBox) Service" Service Agreement will be changed April 1st, 2020 as followings.
NTT Resonant Remote TestKit Service Agreement
PLEASE READ THESE NTT RESONANT Remote TestKit SERVICE AGREEMENT TERMS AND CONDITIONS AND PRIVACY POLICY (“AGREEMENT”) CAREFULLY.
"Remote TestKit (Developers AppKitBox) Service" ("Service") is a service provided by NTT Resonant Inc. (“NTT Resonant”) that allows app developers to test and verify how their applications will work on different types of smartphones via remote access. Customers who wish to use this Service must agree to the Terms and Conditions set forth in this Agreement and register to use the Service in accordance with this Agreement. (Customers may use the free plan by agreeing to the Terms and Conditions set forth in this Agreement, without registering to use the Service.)
This Service is not intended to be provided to Quebec in Canada by NTT Resonant.
The Terms and Conditions are applied to the Service. NTT Resonant provides the Terms of Use of the Service https://appkitbox.com/doc/ (“Terms of Use”) on the Site (defined in Article 1), which constitutes a part of the Terms and Conditions. When there is any inconsistency between the Terms and Conditions and the Terms of Use, the Terms of Use shall have priority.
Article 1: Definition of Terms
When used in this Agreement, the following terms shall have the meaning provided below or in other paragraph of the Terms and Conditions.
(1) "Agreement"
Agreement established between NTT Resonant and the Customer as set forth in this Terms and Conditions and the Terms of Use (including the "price list" referred to in paragraph 2 of Article 5).
(2) "Customer"
An individual who, or legal entity that, uses or wishes to use the Service.
(3) "Equipment"
The telecommunications facilities and other facilities that will be used by NTT Resonant to provide the Service.
(4) "Software"
The software provided by NTT Resonant for its Customers to use this Service.
(5) "Site"
The web site provided by NTT Resonant at URL: https://appkitbox.com/, through which NTT Resonant provides the Service.
(6) “Customer’s Application“
The application that a Customer tests and verifies using this Service to determine whether the app will work on different types of smartphones, in different environments and with different operating systems.
(7) "Plan"
A type of Service that a Customer may use for a fee or without charge. The Plans which may be purchased include "Ticket" which is an electronic certificate purchased by Customers to use the Service for each Verification Terminal.
(8) “Verification Terminal”
The smartphone terminal prepared by NTT Resonant in the data center to be used by Customers for verification of the operation of the Customer’s Application in the Service, and the Customer’s own smartphone terminal to be used by the Customer in some Plans.
(9) “Intellectual Property Rights”
A general term for rights including patent right, utility model right, design right, trademark right, copyright, portrait right, privacy right and publicity right.
(10) “Personal Information”
The “personal information” stipulated in the Article 2 of the Act on the Protection of Personal Information (Act No. 57 of 2003) or the “personal data” as defined under the EU General Data Protection Regulation no. 2016/679 (“GDPR”) or personal information or Personal Identifiable Information or personal data as defined in applicable personal information laws in the relevant jurisdiction and such personal information of the deceased for which the same stipulation is applied.
Article 2: Changes to the Terms
NTT Resonant reserves the right to modify this Agreement at any time at its sole discretion by informing the Customer by means such as notifying the Customer via notification at the registered e-mail address (Article 4, Paragraph 2), posting on the Site or any other means NTT Resonant deems appropriate. The change will take effect on the effective day notified by NTT Resonant in such notification. When the Customer continues the use of the Service after the modification of the Agreement, such use is regarded as a valid and irrevocable agreement to the modified Agreement.
Article 3: Application Form
1. Customers who wish to use the fee Plan of the Service must apply for the use of the Service through one of the following methods. (Customers may use a free Plan by agreeing to the Terms and Conditions, without registering to use the Service.)
(1) Customers (corporations or individuals) install the Software on the terminal to use the fee Plan, agree to the Terms and Conditions displayed on installation of the Software, and register the necessary information designated by NTT Resonant (“Registration Information”).
(2) Customers (corporations or individuals) agree to the Terms and Conditions and register the Registration Information (including the Customer's password) when making registrations to the fee Plan on the web browser. The Customer acknowledge that the Customer’s password is instantly hashed by the program when making registrations on the web browser, and that NTT Resonant cannot view the Customer's password and cannot hold it, and after agreeing on that, Customer shall register the Registration Information (including the Customer's password) on the web browser.
(3) Customers (corporations only) enter the Registration Information in the application form separately specified by NTT Resonant (“Application Form”), affix the corporate seal or a representative’s seal to it, and submit it to the agency specified by NTT Resonant.
2. Customers below the age of majority in their jurisdiction of residence may only use the Service with the consent of a parent or legal guardian.
Article 4: Acceptance/Rejection of Applications
1. NTT Resonant reserves the right to accept or reject, at its sole discretion, any application to use the fee Plan which has been made in accordance with the procedure in the preceding Article. The application may be denied, at NTT Resonant’s sole discretion, for any one or more of the following reasons:
(1) If the Service is cancelled, discontinued or suspended based on Article 11, paragraph 1 or if the Agreement is terminated pursuant to Article 8.
(2) If the Customer is found to be, or possibly be, negligent in the performance of obligations to NTT Resonant (including obligations other than those based on the Agreement).
(3) If the credit of the Customer is not confirmed with regard to payment for the fee Plan, as a result of the inquiry to the credit information agency or credit card company.
(4) If the Customer provides false or misleading information to NTT Resonant.
(5) If the provision of the service to the Customer provided by NTT Resonant or its partner company has been suspended or the contract for service has been cancelled.
(6) If the Customer has violated or may have violated any provision of a service agreement provided by NTT Resonant or its partner company.
(7) If the business of NTT Resonant or its partner company is significantly disturbed.
(8) If NTT Resonant has reasonably determined that the Customer is inappropriate for any reason.
2. If NTT Resonant accepts the Customer’s application for fee Plan, NTT Resonant will send the Customer an email with the information that is required to use the fee Plan, to the email address included in the Registration Information of the Customer (“Registered E-mail Address”). Upon registration on the Service, registration for the fee Plan is completed.
3. NTT Resonant does not assume responsibility for any failures in the delivery of any notices due to incorrect Registered E-mail Address or other similar reasons.
4. The Customer may not transfer, assign, or lend the qualification to use the fee Plan acquired based on this Article and the rights and obligations based on the Terms and Conditions to any third party, or convert the same into money or offer as collateral, unless NTT Resonant provides prior consent in writing.
Article 5: Plan
1. If a Customer wishes to apply for the use of the Service, the Customer shall select the required fee Plan. (Customers may use the free Plan by agreeing to the Terms and Conditions.)
2. The price and the effective term of the fee Plan and units of consumption of Tickets in certain fee Plan (“Consumption Unit”) will be provided in the Price List posted by NTT Resonant separately.
3. Tickets are consumed per Verification Terminal and at Consumption Unit. Regardless of whatever the reason is, even if the Customer does not use up the value of the Tickets of the entire unit defined for the Consumption Unit, that Consumption Unit will be considered to be fully consumed for each Verification Terminal.
4. Unless otherwise specified by the laws and regulations or any provision of the Agreement, NTT Resonant will not refund the price of the fee Plan applied by the Customer, and is not responsible for anything related to the fee Plan, such as changing the validity period, etc.
5. The Customer may make payments for the fee Plan either by credit card (“Payment Method”).
6. For payment by credit card, the Customer shall acquire the necessary ID, etc. in accordance with the rules specified by the provider of the Payment Method (“Payment Rules”). The Payment Rules shall be applied to the use of Payment Method, and NTT Resonant will take no responsibility in this regard.
7. The Customer shall fully perform applicable tax obligations, if any, under the applicable laws.
8. When the applicable tax rate is changed due to the revision of related laws and regulations, the amount equivalent to the tax shall be calculated based on the changed tax rate if any tax shall be imposed to the customer.
9. If the Customer does not pay the price for fee Plan specified by NTT Resonant by the payment date specified by NTT Resonant or Billing Company, the Customer shall pay NTT Resonant the delinquent charges at an annual rate of 6% from the following date of the payment date.
Article 6: Treatment of Personal Information
1. NTT Resonant shall handle the Customer’s Personal Information such as Registration Information in accordance with the privacy policy of NTT Resonant at https://www.nttr.co.jp/english/privacy_policy/, and may use the information for the purposes set down in the Policy on handling of personally identifiable information at https://www.nttr.co.jp/privacy_policy/index3.html.
2. The Service does not and does not wish to collect children’s personal information. If an activity potentially allows a child to insert Personal Information through use of the Service, Customers shall comply with the Children’s Online Privacy Protection Act (COPPA) 15 U.S.C. 6501 et seq. of the United States or similar laws including notify a parent or legal guardian and securing consent from a parent or legal guardian prior to such collection.
3. The service does not and does not wish to collect protected medical or health information. If an activity potentially allows collection of protected health information through use of the service, Customers shall comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. L. 104-191 of the United States or similar laws including notification and securing consent from individuals of the protected health information prior to such collection.
4. NTT Resonant may collect the Customer’s Personal Information such as e-mail address, company name, department, zip code, address, phone number, contact person's name, user name, password for the Service.
5. NTT Resonant will collect, store and process the Customer’s Personal Information to perform the Service and to benefit from its rights under this Agreement, to comply with applicable laws and regulations and to pursue its legitimate business interests. The Customer acknowledges that NTT Resonant is permitted, as a matter of law, to collect, store and process his/her Personal Information for the above purposes. In any event, by accepting this Agreement, the Customer hereby gives its consent to NTT Resonant collecting, storing, processing, using, disclosing and publishing the Customer’s Personal Information as set out in this Agreement.
6. The Personal Information will be stored as long as necessary to perform the Service, whichever is the longest.
7. The Customer’s Personal Information shall be exclusively used by NTT Resonant’s authorized employees, consultants and advisors. Given the international nature of NTT Resonant’s business, Personal Information may be transferred outside of the European Economic Area. NTT Resonant agrees that any such transfer of personal data outside of the European Economic Area will be made in compliance with all applicable laws and regulations. In any event, the Customer acknowledges that the transfer of his/her Personal Information outside the European Economic Area may be necessary for the performance of the Agreement. The Customer can obtain a copy of the appropriate or suitable safeguards taken to ensure an adequate level of protection of his/her Personal Information by sending a request at e-mail (https://appkitbox.com/en/contact/).
8. The Customer acknowledges that he/she: (i) may access his/her Personal Information; (ii) may require the correction of his/her Personal Information if and to the extent he/she can prove such data is inaccurate; (iii) may request the deletion of his/her Personal Information if the conditions of the GDPR are met; (iv) may object to the processing of his/her Personal Information on grounds relating to his/her personal situation and/or request its restriction; and (v) request a copy of his/her Personal Information in a structured, commonly used and machine-readable format. The Customer can exercise these rights by sending a request at e-mail. If the Customer deems it necessary, the Customer has the right to file a complaint regarding the use of his/her Personal Information by NTT Resonant with the relevant supervisory authority.
9. NTT Resonant may provide the Customer’s personally identifiable information to a third party in any of the following cases:
(1) When NTT Resonant needs to disclose the Customer’s personally identifiable information to financial institutions, credit card companies, Billing Company or any other payment companies so that the Customer may make payments to NTT Resonant.
(2) When it is permitted by the applicable laws and regulations.
10. For the purpose of the Service, NTT may send advertisements to the Customer by e-mail or post the same on this Site for the publicity of NTT Resonant or a third party, and the Customer shall consent to the same, but can unsubscribe at any time by sending a request at e-mail (https://appkitbox.com/en/contact/).
11. The Customer shall consent to the collection and use by NTT Resonant or its partner company of the information on the Customer’s status of use of the Service (information which is not personally identifiable, including but not limited to, that on the Equipment and environment to use the Service, usage time, function used or other information on use,) for the purposes specified in the Policy on handling of Personal Information at https://www.nttr.co.jp/english/privacy_policy/index3.html.
12. NTTR shall not process Personal Information of third parties, such as Personal Information processed by the Customer. To that effect, the Customer is forbidden to record or upload personal data in the Customer’s Application and the Customer shall not communicate Personal Information of third parties to NTTR. If the Customer wants to test the Customer’s Application with personal data, she/he should use his/her own personal data to do so.
Article 7: Detection of Malicious Code
1. The Customer consents to NTT Resonant’s evaluation and monitoring of any Customer Application using the Service to identify any program code which is specified by NTT Resonant as a possible threat to the Service (“Doubtful Code”). If NTT Resonant identifies any Doubtful Code, NTT Resonant reserves the right at its sole discretion to terminate the Service for that Customer.
2. NTT Resonant does not guarantee the reliability or validity of the detection and presence or absence of Doubtful Code, and has no responsibility in the case that the Service becomes unavailable to the Customer in relation to the preceding paragraph.
Article 8. Termination of Service
NTT Resonant may terminate the Agreement, in whole or in part, for any one or more of the reasons identified below, at its sole discretion and without notice or compensation. NTT Resonant shall have the right to claim for compensation for damages caused to NTT Resonant (including claims from a third party and attorney’s fees; the same shall apply hereinafter).
(1) Late payment of a fee Plan.
(2) If the Customer cannot be located or contacted.
(3) If the Customer is a corporation and any of the following occurs:
a) The Customer is in provisional seizure, foreclosure, auction, bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or commencement of special liquidation has been made.
b) The Customer received a suspension of trading from a clearing house, or is in any other condition of suspension of payment, or is subjected to non-payment of taxes or public dues disposal.
c) The Customer’s board member, auditor, president or any others that are in a position to manage the company or employee (including temporary worker; “Employees”) are arrested or charged with illegal actions in connection with their use of the Service.
d) The Customer or employees of the Customer are affiliated with gangs, gangsters, gangster related companies, extortion, social movements advocating unrest, unrest advocating political activities such as special intelligence groups, or if it is found that the Customer promotes any activities of an anti-social nature contributing to the operation of anti-social forces, or the Customer has made any violent, coercive or unjustified demand.
e) The Customer has no corporate personality, except the case when NTT Resonant accepts the fact in advance.
(4) If NTT Resonant determines that the intent for using the Service is to collect a competitive intelligence regarding the Service or the business of NTT Resonant, or to infringe NTT Resonant’s Intellectual Property Rights, or to steal the Service or other NTT Resonant business assets.
(5) If the Customer interferes with or interrupts the operation of the Service.
(6) If NTT Resonant has determined that the Customer has provided false or incorrect information in the Registration Information.
(7) If NTT Resonant determines that the Customer will somehow be malicious in conducting its business.
(8) If the Customer violates the laws, regulations or common respected practices regarding use of the internet and internet services.
(9) If the Service is used for any purpose other than for verifying the Customer’s Application on the Verification Terminal.
(10) If there is a violation of this Agreement.
(11) If there is a suspension of the Service pursuant to Paragraph 1 or Paragraph 2 of Article 11, and the issues are not resolved to NTT Resonant’s satisfaction, at its sole discretion.
(12) If there is a violation of “Prohibited Activities” given on the installation screen of the Software or the Application Form.
(13) Any other reason that NTT Resonant has reasonably determined that the Customer is inappropriate.
Article 9: Obligations of the Customer
1. The Customer will have sole responsibility for the equipment, software, communication lines, internet connection fee and anything else that is required in order to use the Service.
2. The Customer shall be solely responsible for using the Service or the Customer’s application, and shall handle any claims or complaints against NTT Resonant and its affiliates at the Customer’s own expense and responsibility, and indemnify NTT Resonant and compensate any losses (including attorney’s fees).
3. The Customer shall end the use of the Verification Terminal （excluding Customer’s verification terminal in this Paragraph）by returning the same to its original condition, deleting Customer information, data received and sent (including but not limited to e-mail, images and URL), and the software installed using the Service (collectively “Data, etc.”) on the Customer’s own responsibility. NTT Resonant will take no responsibility for damage caused to the Customer or any third party due to Customer’s negligence of the obligations set down herein. The Customer shall settle the issue with the relevant third party at its own responsibility and expense.
4. The Customer shall not conduct any act which falls under or may fall under any of the following (collectively, “Prohibited Acts”) in relation to the use of the Service or in relation to the test, verification or development of the applications via the Service.
(1) Acts contrary to the laws and regulations or public order and morals, or any other acts violating the rules generally observed on the Internet.
(2) Acts which cause disadvantage, trouble or damage to NTT Resonant or any third party.
(3) Re-offering the Service to a third party regardless of whether it is free of charge or for a fee.
(4) Acts which slander, insult or discriminate against NTT Resonant or any third party, damaging the moral interests such as honor, credit or privacy, or any acts which recommend, solicit, help, encourage or abet such acts.
(5) Acts which infringe on the Intellectual Property Rights of NTT Resonant or any third party.
(6) Criminal acts, including without limitation, murder, terrorism, abuse, injury, assault, threat, theft, robbery or sexual misconduct, or acts falling under suicide, self-injury, delinquency or running away from home, or any acts which recommend, solicit, help, encourage or abet such acts.
(7) The Customer agrees to comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations.
(8) The Customer represents and warrants that the Customer and the Customer’s financial institutions are not subject to sanctions or otherwise prohibited or restricted by applicable government authorities.
(9) Misrepresentation of oneself, no matter whether the Customer is a legal entity or individual, providing false or misleading information, giving false recognition of products or services of specific vendors as superior, or slandering or criticizing the products or services of specific vendors to decrease their credibility.
(10) Acts which violate the applicable laws and regulations on election activities.
(11) Acts corresponding to those by antisocial forces (gang groups, companies related to gang groups, racketeering groups, political racketeering groups, or any other groups or individuals that use violence, power or fraud to gain economic benefit, or those equivalent thereto; the same shall apply hereinafter) or crime syndicates, illegal gambling, use of illegal drugs (including abuse or improper use of illicit drugs or other drugs, or acts equivalent thereto), illegal pyramid schemes, illegal network businesses, illegal multilevel merchandising, illegal businesses, scams, counterfeiting of official documents, production or trade of illegal weapons, arms, explosives and combustibles including firearms, guns and bombs, or creation of or trading in illegal goods or data, or any acts which recommend, solicit, give favors, help, encourage or abet such acts.
(12) Acts for the purpose of dating, encountering or having intercourse with a person of the same or different sex; eliciting, sending, or receiving of personal information for immoral purposes, or acts related to adult entertainment, prostitution, obscene acts, contents related to pornography, child pornography, child abuse, animal abuse, or cruel contents; or any acts which recommend, solicit, give favors, help, encourage or abet such acts.
(13) Illegal access, cracking, attacking, jamming communication, wiretapping communication of the computers, website or telecommunications equipment operated by NTT Resonant or any third party, or using the Service in a manner that interferes with the Equipment or the computers, website or telecommunications equipment operated by NTT Resonant or a third party, or posting information encouraging such acts.
(14) Unauthorized use or misappropriation of the service ID or password, or using the Service impersonating another person.
(15) Collecting, copying, falsification or erasure of information of a third party accessible from the Service in a manner beyond the use form assumed for the Service.
(16) Providing computer programs such as computer viruses or file sharing software which interferes with or damages the business of NTT Resonant or a third party.
(17) Acts intending to operate the order of the search results of search engine or search tool.
(18) Unless permitted by NTT Resonant, making advertisements or soliciting a third party using the Service whether or not for commercial purposes, or sending or posting messages or content (including but not limited to specified electronic mail and spam) such as e-mails which disgust the receivers.
(19) Act of sending an uninvited message prohibited by the applicable laws and regulations (including, without limitation, US Telemarketing Sales Rule (TSR), Telephone Consumer Protection Act (TCPA) 47 U.S.C. ))
(20) Illegal investigation, collection, use, disclosure or provision of Personal Information or privacy information without the explicit consent of the person.
(21) Acts causing an excessive burden of interfering with the operation of the Service.
(22) Analyzing, disassembling, decompiling or reverse engineering the program or application contained in the Service, or deciphering the source code with any other method.
(23) Using the Service for any purpose other than those intended for the Service.
(24) Any other acts that NTT Resonant has reasonably considers inappropriate.
Article 10: Disclaimers
Although NTT Resonant makes efforts to provide the Service in a stable manner, NTT Resonant does not guarantee the Customer any of the following unless prohibited by law:
(1) The contents and quality of the Service, including its reliability, legality, accuracy and adequacy.
(2) The Service is free from defect and is provided in a timely manner.
(3) The Service is fit for the Customer’s particular purpose, use or situation, and the operation is uninterrupted and is free from error, and the Service will not adversely affect the equipment used by the Customer (including the Customer’s Verification Terminal) and the software, data and application installed on the equipment.
(4) There are no security faults in the Service, and the Customer will not suffer a computer virus or any external attack, and the information sent or received through the Service will not be leaked, lost or falsified.
(5) The Service does not infringe on the Intellectual Property Rights, etc. of any third party.
(6) The Service is always available.
(7) The Service will not be suspended or terminated.
Article 11: Suspension of Service
1. NTT Resonant reserves the right to cancel or suspend the whole or a part of the Service for any Customer, with or without notice and at NTT Resonant’s sole discretion, if any of the following violations are found:
(1) The Customer uses the Service in a manner that causes problems for the Service.
(2) The Customer does not pay the price for a fee Plan in a timely manner.
(3) The use of payment method of the Customer has been suspended, or NTT Resonant recognizes credit risk of the Customer.
(4) The Service ID of the Customer has been revoked.
(5) The Customer has conducted any Prohibited Act, or breaches any provision of the Terms and Conditions or this Agreement.
2. In addition to the provisions of the preceding paragraph, NTT Resonant may temporarily stop providing all or part of the Service under any of the following circumstances:
(1) In the event of a disaster where there is an urgent need to suspend the Service for various reasons (such as: disaster prevention, disaster relief, ensuring traffic, communication or the supply of power, communication for maintenance of order, or any other public benefit).
(2) In the event of emergencies (such as: war, riots, unrest, labor disputes, earthquake, volcanic eruption, flood, tsunami, fire, power failure, or any other case where NTT Resonant deems it difficult to provide the Service).
(3) If there is maintenance or construction needed for the Equipment.
(4) If a license agreement with the source of the Software or any other program related to the operation of the Service has expired.
(5) If NTT Resonant reasonably recognizes any other issues that would be detrimental to the provision of the Service.
3. To the extent that it is able to do so, NTT Resonant will provide notice of any cessation of part or all of the Services, by posting on this Site, or in a way that NTT Resonant deems appropriate. Notice will not be given in the event of emergencies.
4. UNLESS OTHERWISE SPECIFIED BY THE LAWS AND REGULATIONS OR THE AGREEMENT, NTT RESONANT SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE CUSTOMER PURSUANT TO PARAGRAPH 1 OR 2 OF THIS ARTICLE 11.
Article 12: End of Service
NTT Resonant may terminate the whole or part of the Service by giving notice to the Customer through posting on the Site, sending e-mail to the Registered E-mail Address or any other method that NTT Resonant deems appropriate, at least 10 days in advance. Unless otherwise specified by the Agreement or prohibited by the laws and regulations, NTT Resonant assumes no responsibility for any disadvantage or damage occurred to the Customer due to termination of the Service.
Article 13. Amendment of These Terms and Conditions
NTT Resonant may amend these Terms and Conditions without reaching an agreement with individual Customers, if the amendment of these Terms and Conditions satisfies any of the following requirements. In this case, NTT Resonant shall notify Customers in advance by posting a notification on its website or by any other reasonable means.
(1) Where the amendment conforms with the interests of general Customers.
(2) Where the amendment is not contrary to the purpose of executing the Agreement and is reasonable in light of the necessity for amendment, the reasonableness of the amended content, and other circumstances of the amendment.
Article 14: Miscellaneous Provisions
1. This Agreement shall be construed in accordance with the laws of Japan.
2. All disputes, controversies or differences which may arise between NTT Resonant and the Customer, out of or in relation to or in connection with this Agreement or the use of the Service shall be finally settled by arbitration in Tokyo, Japan in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. The place of hearings shall be Tokyo, Japan. The language of the arbitration shall be Japanese. The number of arbitrator shall be one.
THIS TERMS OF SERVICE CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, [WITH LIMITED EXCEPTION,] REQUIRE CUSTOMER TO SUBMIT ANY CLAIMS AGAINST OR ARISING FROM THE SERVICE TO BINDING AND FINAL ARBITRATION AGREEMENT, (1) CUSTOMER WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST NTT RESONANT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) CUSTOMER WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) THE CLAIM MUST BE SUBMITTED WITHIN ONE YEAR OF THE CAUSE OF ACION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND ALL CLAIMS ARE WAIVED BY CUSTOMER.
3. At such time as NTT Resonant is to hand over or sell the business related to the Service to a third party, NTT Resonant may transfer all rights and obligations based on the Agreement by selling, merging (M&A) or through assignment, notifying the Customer by sending e-mail to the Registered E-mail Address, by posting on the Site, or by other means NTT Resonant deems appropriate, at least 10 days in advance. The Customer consents to the transfer of the Customer’s Registration Information and all rights related to the information to the successor, buyer or assignee.
4. If any provision of these Terms and Conditions is determined to be violating the laws, such provision shall be construed based, to the extent possible, on the remainder of these Terms and Conditions, reflecting NTT Resonant’s intention.
5. If any provision or these Terms and Conditions are held to be invalid or unenforceable, the valid and enforceable part of the provision and the remainder of these Terms and Conditions shall remain valid and enforceable.
6. If NTT Resonant waives the right, regardless of whether explicitly or implicitly, with regard to the Customer’s violation of the Agreement, it shall not mean the waiver of rights with regard to the Customer’s violation of the Agreement in the future.
7. The customer consents that any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arises, and no action may be made after the one-year period.
8. Unless otherwise provided in the Agreement or prohibited by law, when damage is caused to the Customer due to NTT Resonant’s debt default or intentional illegal acts or gross negligence in providing the Service, NTT Resonant shall only be liable to the Customer for actual, normal and direct damages, up to the total amount of the fee Plan paid by the Customer during the preceding one year. NTT Resonant shall not, regardless of the presence or absence of predictability, be responsible for loss of use opportunities, the loss of Customer’s Registration Information, indirect special, incidental or derived damage or lost profits caused to the Customer, even if the possibility of such loss has been notified to NTT Resonant.