Customers will be deemed to have agreed to these Terms of Use (these “Terms”) when they apply for use of the kintone plugin service provided by TAMSAN PTE LTD (“TAMSAN”).
The Service runs in the “kintone” platform provided by Cybozu, Inc. (“Cybozu”), and acquires data from the “Sansan” platform provided by Sansan, Inc. (“Sansan”) through an API.

Article 1. Applicable Scope

These Terms stipulate the basic matters regarding the use of the Service and applies to the relationship between Customer and TAMSAN.
When TAMSAN posts individual provisions or additional provisions regarding the Service on the Website, they shall form an integral part of these Terms, and if any individual provisions or additional provisions conflict with these Terms, the relevant individual provisions or additional provisions shall prevail.

Article 2. Definitions

The following terms as used in these Terms shall have the meanings ascribed to them below.

• "Customer" means a corporation, group, or individual who has agreed to these Terms, applied for the use of the Service, and received a license to use the Service from TAMSAN.

• "Applicant" means a corporation, group or individual who wishes to use the Service and has applied for registration or intends to apply for registration.

• "Service" means the kintone plug-in service provided by TAMSAN (if the name or content is changed for any reason, the service as so changed).

• "kintone" means the "kintone" service provided by Cybozu, Inc. (if the name or content is changed for any reason, the service as so changed). The Service is provided on kintone; a kintone environment is required, and a kintone license that can use plug-in functions is required.

• "Sansan" means "Sansan" provided by Sansan, Inc. (if the name or content is changed for any reason, the service as so changed). The Service is based on the assumption that data will be acquired in the Sansan environment.

• "Affiliated Service" means a service provided by a third party to which the Service functions as a plug-in.

• "User Agreement" means the contractual relationship between a Customer and TAMSAN with respect to the use of the Service when Customer uses the Service, which includes documents etc. published and distributed by TAMSAN in relation to the Service, in addition to these Terms.

• "Website" means the Service and websites related to the Service operated by TAMSAN, which include "tamsan.sg" in the domain.

Article 3. Application

1. Applicant agrees to comply with these Terms and the individual terms of use regarding the Service, and shall apply for use of the Service by submitting the application information (e.g., name, company name, email address, used kintone domain for which the Service is desired, and other information) to TAMSAN in the manner designated by TAMSAN. TAMSAN may request documents certifying facts regarding the application information from Applicant, and Applicant shall promptly provide the same.

2. TAMSAN may verify and examine each item in applications. Accordingly, applications are not always accepted in the order they are received.

3. If and only if Applicant requests to have a third party apply on its behalf, an application can be made on behalf of Applicant after TAMSAN obtains the consent of Applicant by email.

4. When TAMSAN approves the application of Applicant and sends notification, a service license agreement will be established between Customer and TAMSAN in accordance with the provisions of these Terms.

5. TAMSAN shall be entitled to refuse the license or cancel the contract if any of the following items apply.
   

   • (1) If there are any falsehoods, errors, or omissions in all or part of the application items;
   • (2) If TAMSAN determines that Applicant has breached an agreement with TAMSAN or a related person in the past, or if TAMSAN determines that Applicant is likely to breach an agreement in the future;
   • (3) If TAMSAN determines that Applicant is an anti-social force etc. (meaning an organized crime group, an organized crime group member, a right-wing group, an anti-social force, or other equivalent persons), cooperates with or is involved in the maintenance, operation, or management of an antisocial force etc. through the provision of funds or other means, or has any other exchange or involvement with any antisocial force
   • (4) If TAMSAN otherwise determines that use is not appropriate.

6. Applicant shall provide true and accurate information when registering application information. TAMSAN is not liable for any damage caused to Customer because of any falsehood, error, or omission in all or part of the information. In addition, Customer shall be fully liable for any damage suffered by TAMSAN or third parties as a result of Customer's failure to provide notice.

7. If there is a change or error in information notified to TAMSAN, Customer shall promptly notify TAMSAN of the change by the prescribed method.

8. Customer hereby consents without objection that even if notice from TAMSAN is not delivered as a result of failure to provide notice under the preceding paragraph, it will be deemed to have arrived when it should normally arrive.

Article 4. Consideration

1. To use the Service, payment of the annual Pricing specified by TAMSAN is required; provided, however, that this does not apply to the trial period when TAMSAN grants Customer a free trial.

2. Customer shall pay the annual Pricing to TAMSAN by the separately specified payment due date as requested by TAMSAN. TAMSAN may suspend the provision of the Service to Customer until the payment of the annual Pricing is confirmed.

3. If the annual Pricing is not paid by the date set forth in the preceding paragraph, TAMSAN shall be entitled to treat it as if there was no application for use of the Service from the Applicant and deem that the service license agreement was not formed.

4. TAMSAN will not refund any payment for the use of the Service. Customer consents to this in advance and agrees not to request a refund from TAMSAN or make any similar request.

Article 5. Grant of License for Service

1. TAMSAN grants a non-transferable and non-exclusive license to use the Service, within the scope of these Terms, to Customers who have a service license agreement with TAMSAN.

2. With respect to licensing, TAMSAN is entitled to impose usage time restrictions such as trial period and other restrictions after notifying or clearly indicating to Applicants and Customers. Applicants shall agree to the foregoing before applying for the use of the Service.

3. TAMSAN is entitled to deem that all acts in the use of the Service performed after the grant of license are attributable to the relevant Customer.

4. Customer shall request a license for the Service from TAMSAN at the time of application, and one license will be granted for each kintone domain licensed by TAMSAN. If Customer wishes to use the Service for multiple kintone domains, it shall apply for the use of the Service for the desired number of kintone domains and pay the Pricings according to the number of licenses granted.

Article 6. Use of Services

1. Customer shall prepare the environment of the Affiliated Service necessary for using the Service at its own responsibility and expense, and Customer shall bear all expenses relating thereto.

2. Customer shall, at its own responsibility and expense, prepare the communication equipment, personal computers, software, mobile terminals, telephone use contract, internet connection contract, and the like necessary for using the Service. In addition, all communication and connection charges related to use shall be borne by Customer.

3. Please check the recommended operating environment for personal computers, tablets, and mobile terminals used for the Service upon each use of the Website. However, please note that TAMSAN does not guarantee the complete provision of services even in the recommended operating environment. In addition, please note that the Service may not be provided normally depending on the status of individual devices, terminals, communication conditions, and other factors, even in the recommended operating environment.

4. Customer shall make no complaints regarding use of the Service in an operating environment not recommended by TAMSAN. In such cases, TAMSAN will not be liable for any claims for damages or the like.

Article 7. Prohibited Conduct

Customer shall not, directly or through a third party, engage in any of the following conduct in its use of the Service.

1. Conduct that violates or breaches laws and regulations, these Terms, terms of agreement specified by providers of Affiliated Services, or other agreements relating to the Service;

2. Conduct that infringes on or may infringe on copyrights, property rights, privacy, or other rights of TAMSAN or a third party;

3. Conduct that slanders TAMSAN, the Service, or a third party, or conduct that damages the credibility or reputation etc. of the service;

4. In addition to the preceding items, conduct that causes or may cause disadvantage or damage to TAMSAN, the Service, or a third party;
5. Criminal acts, or conduct that leads to or may lead to criminal acts;

6. Conduct that is contrary to, or likely to be contrary to, public order and morals, or providing information that is contrary to public order and morals to a third party;

7. Granting or giving the right to use the Service to a third party;

8. Copying, distributing, lending, transmitting to a third party, leasing, or creating a security interest in information from the Service other than to the authorized kintone domain;

9. Selling, renting, or otherwise providing software that uses information from the Service, or is similar to the Service, to any third party;

10. Creating or distributing any derivative services without the permission of TAMSAN;

11. Conduct that may infringe on intellectual property rights of TAMSAN or persons who have granted licenses to TAMSAN, such as by analysis, reverse assembly, reverse compilation, reverse engineering, or otherwise obtaining source code of programs that make up the Service;

12. Conduct that places an excessive load on the network or system etc.;

13. Conduct that interferes with or may interfere with the operation of the Service or any services provided by TAMSAN;

14. Supporting or encouraging conduct that falls under any of the above items, or engaging in any conduct having a likelihood of the foregoing;

15. Conduct contrary to the purport or purpose of these Terms or the Service;

16. Impersonating TAMSAN or a third party; and

17. Other conduct that TAMSAN deems inappropriate.

Article 8. Intellectual Property Rights etc.

1. Intellectual property rights regarding the TAMSAN site, all content contained in the Service, and the programs that make up the Service, belong to TAMSAN or other duly authorized persons. Any license to use the Services under these Terms does not imply the transfer of intellectual property rights of TAMSAN or licensed to TAMSAN by third parties.

2. In cases where the Service includes content provided by a third party other than TAMSAN, the copyrights and other intellectual property rights thereto belong to the third party that is the provider.

3. Trademarks, logos, and service marks may be displayed when using the Service, but TAMSAN does not transfer or license the use of these to Customers or other third parties.

Article 9. Measures in Case of Breach of Terms

1. In a case where TAMSAN determines that Customer falls under or may fall under any of the following items, TAMSAN is entitled, without the prior consent of Customer, to rescind or limit the license for the Service or take other necessary measures, and demand that Customer cease using the Service.
   

   • (1) If Customer breaches any of the provisions or conditions of these Terms;
   • (2) If any false statements are made with respect to all or part of the information in the application;
   • (3) If Customer interferes with TAMSAN's performance of business or service systems etc., or engages in any conduct that may give rise to such interference;
   • (4) If there is no response for 30 days or more to an inquiry or other contact from TAMSAN to Customer requesting a reply;
   • (5) If material assets of Customer are subject to attachment, provisional attachment, provisional disposition, collection procedures for unpaid taxes and public charges, or other disposition pursuant to public authority, or if a petition for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation is filed;
   • (6) If Customer is subject to suspension of business, or revocation of business license or business registration by a regulatory agency; and
   • (7) If TAMSAN determines that Customer is an anti-social force etc. (meaning an organized crime group, an organized crime group member, a right-wing group, an anti-social force, or other equivalent persons), cooperates with or is involved in the maintenance, operation, or management of an antisocial force etc. through the provision of funds or other means, or has any other exchange or involvement with any antisocial force.

2. Other cases where TAMSAN determines that there are grounds similar to the foregoing items

Article 10. Change, Addition, Discontinuation, and Suspension of Services

TAMSAN may terminate, or change the content of, the provision of the Service, provision of updated versions and other support, and other related services at its own discretion. If TAMSAN terminates support related to the Service or other related services at its discretion, TAMSAN will notify Customer to that effect by a method that it deems appropriate. However, notice may not be given in cases of emergency.

Article 11. Collection and Handling of Personal Information

1. TAMSAN shall acquire Customer’s personal information and access history, browsing history, settings information, and other information relating to the Service pursuant to these Terms.

2. TAMSAN is entitled to use registration information, terminal information etc., and other data provided by Customer to TAMSAN, without the prior consent of Customer, for such purposes as providing and operating the Service, and fixing or improving service content etc., may publish such information as statistical information in a non-personally identifiable form, and Customer hereby consents to the foregoing.

3. In accordance with the TAMSAN privacy policy TAMSAN shall not disclose or divulge Customer personal information to any third parties, and shall comply with relevant laws and regulations.
   TAMSAN Privacy Policy

Article 12. Disclaimer and Restrictions on Damages

1. TAMSAN will make every effort to prevent any problems in providing the Service, but TAMSAN does not guarantee the absence of bugs or deficiencies in the Service.

2. The Service is a service provided on an Affiliated Service or in cooperation with an Affiliated Service. TAMSAN does not guarantee that there are no problems with the Affiliated Service or that the Service will always be provided without any problems if the content of the Affiliated Service is changed.

3. TAMSAN shall be liable for the Service only subject to the limitations of these Terms. TAMSAN shall bear not liability for matters that are not guaranteed in the provisions of these Terms, matters specified as those for which it is not liable, matters that are the responsibility of Customer, and other matters that cannot be attributed to TAMSAN's responsibility.

4. TAMSAN shall bear no liability with respect to the provision of various information in the Service, delay, change, interruption, cancellation, suspension, or abolishment thereof, or any other damage suffered by Customer or a third party in connection with the Service.

5. Even in a case where Customer suffers damage because of delay, change, cancellation, or discontinuation of the provision of the Service, or otherwise in connection with the Service due to reasons attributable to TAMSAN, TAMSAN shall only be liable for damages in the event of willful misconduct or gross negligence on the part of TAMSAN.

6. The amount of TAMSAN’s liability in the case of the preceding paragraph is limited the portion of use Pricings paid by Customer to TAMSAN for the latest one-year period.

7. Even if any of the provisions of these Terms, including the provisions of the paragraphs of this Article 12, that exempt or limit TAMSAN's liability are invalidated by the application of the Consumer Contract Act or other laws, the scope of TAMSAN’s liability shall be limited to direct and ordinary damages actually caused by reasons attributable to TAMSAN.

Article 13. Demands for Reimbursement by TAMSAN

1. If TAMSAN suffers any damage, including compensation to third parties, attorney Pricings, and other damage, because of willful misconduct, gross negligence, or breach of these Terms on the part of Customer, or in connection with the use of the Service, TAMSAN shall be entitled to demand reimbursement for the amount of such damage.

2. In a case where TAMSAN receives any claim from another Customer or other third party for infringement of rights or other reasons in connection with the use of the Service by Customer, TAMSAN shall be entitled to demand reimbursement from such Customer for the amount that TAMSAN was obliged to pay to such third party pursuant to such claim, and the amount that TAMSAN was required to bear to resolve the dispute etc. associated with the claim (including Pricings for attorney and other professionals and TAMSAN personnel expenses).

Article 14. Revision of Terms

1. TAMSAN is entitled to change or add to the contents of these Terms and individual terms of use regarding the Service. In this case, these Terms and the content of the Service content shall be based on content after such changes are made.

2. If Customer does not agree to the changes, TAMSAN will not be obligated to continue to provide the Service, and Customer shall terminate the Service and stop using it before the changes become effective. If Customer does not cancel, Customer will be deemed to have agreed to the new terms and conditions.

Article 15. Notices

Notices relating to the Service and other notices from TAMSAN to Customer specified in these Terms shall be given by email, posting on the Website, and other methods specified by TAMSAN.

Article 16. No Assignment of Rights and Duties

Customer shall not transfer its status under the User Agreement to a third party, or assign or transfer to any third party, or provide as security, any of its rights or duties pursuant to the User Agreement in whole or in part.

Article 17. Consultations

In the event of any objections or questions between the parties regarding the interpretation of these Terms, or if any matters not provided herein arise, the parties shall consult in mutual good faith and ensure a prompt resolution.

Article 18. Governing Law and Jurisdiction

These Terms shall be governed by the laws of Japan, with the exception of the application of principles relating to violation of law. In the event of any dispute in relation to these Terms or the Service, the district court having jurisdiction over TAMSAN’s head office shall be the exclusive court of first instance.

Article 19. Other

With respect to any matters not provided in these Terms, Customer shall follow instructions separately given by TAMSAN.