Terms of Service

This terms of service (hereinafter, “ToS”) includes the terms and conditions to provide services related to “Tocaly” (hereinafter, "Service") provided by TimeTree (hereinafter, “Company”) to users (hereinafter, “User” or “Users”). The ToS also determines the rights and obligations between the Company and the User. When the User uses this Service, it is considered that he/she has agreed to the contents of this ToS. If you are under the age of 20, you need the consent of a legal representative to use this Service. If a person under the age of 20 registers as a User to use the Service, it is considered that the consent of the legal representative has been obtained.

1. Scope of ToS

The ToS aims to define the terms and conditions of the Service as well as rights and obligations between the Users and the Company in using our Service. The ToS is applicable to use of the Service in connection with all the relationships between the Users and the Company.
This ToS is not all-inclusive. The Service usage rules and instructions listed in our website (Website operated by our company whose domain is “tocaly.com” (If the name or the content of the service is changed for any reason, the service after the change is included.)) (hereinafter, “Rules”) shall be a part of this ToS.
The terms and conditions of this ToS survive when this ToS is inconsistent with the rules mentioned in the previous clause or other instructions of the Service.

2. Outline of the Service

The functions of the Service (hereinafter, “Functions”) are described hereinafter, provided that the Functions shall be separately described, defined and altered by the Company without any consent of the Users. Some of the Functions might not be available in some types of terminals even though they are object terminals.
Functions are;
- Function to display the User's schedules
- Function that allows the User to select and share candidate dates and times for meetings
- Function to display candidate dates shared by other Users and to register schedules on selected dates
- Function to register the schedule as a User’s schedule when such schedule is registered by another User
- Function to notify Users etc. according to the registration status of his/her schedule
- Function to display the User's schedule adjustment status
- Function to link with external services that Users have liked to
- Other Functions provided by the Company.
These Functions and usage conditions are subject to the Company’s decision and discretion and may be variable at any time depending on the usage history obtained through the Service, as well as depending on which days of the week, time zone, weather, Users and other conditions.
Communication devices and tools, and electricity and such like which are necessary to use the Service shall be obtained and prepared at the cost and responsibility of the Users.

3. Registration

Those who wish to use our Service (hereinafter, “Applicants”) shall make a User’s registration at their own cost and responsibility after giving a consent to our ToS.
The Applicants shall be Users when they make a user’s registration.
The usage fee for this Service will be free for the time being. When we change the usage fee of this Service, we will notify the User in advance of such change of contents by any method and provide an opportunity for User to decide whether to withdraw or continue using it.
If there is a change in the registered information of the User, the User shall notify the Company of such changes within 14 days by the method specified by the Company and submit the materials requested by the Company as necessary. The Company shall not be liable for any damages caused to the User if the user fails to give such notice.

4. Suspension of the Service and Deregistration

The Company may delete the User registration and suspend the Service without giving any prior notice or demand when the Company believes that a User violates or has violated any term or condition of the ToS or when the Company believes it is inappropriate to provide the Service to that User.

5. Cease of Service

Users are deemed to have ceased to use the Service when they delete their user registration. The obligations burdened on the Users before they cease the use of the Service shall survive until the Users fulfill their obligations even after their cease of use.

6. User responsibility

The User shall use this Service at his/her own risk, and shall bear all responsibility for the actions taken by the User using this Service and the results thereof, except for those caused by the company’s intentional act or gross negligence. If a User infringes the rights of a third party, the User must resolve it at his/her own responsibility and expense, and the Company shall not be liable at all.
Our Company does not guarantee the loss of schedules and other data registered on this service.
When a User receives a complaint from another User regarding the result of adjusting the schedule through this Service, the User shall respond in good faith to such complaint. The same shall apply when a User receives through the Company any complaint etc. from the person who made a reservation.

7. Restrictions

As soon as the Company judges that a User is engaging or has been engaged in the following activities, the Company may suspend the Service provision to such User, delete his/her user registration or may take measures that the Company considers necessary and appropriate without any prior notice. The Company shall be free from responsibility for any damage, loss or disadvantage incurred by the Company’s measures above-mentioned.

Activities that violate this ToS
Activities that violate laws and regulations, or criminal actions
Activities that may hinder public orders and good customs
Activities that lead to the misrepresentation of a third party
Acts that infringe the rights and privacy of any third party
Activities that intentionally spread false information
Activities that post or transmit violent or cruel expressions
Activities that use the Service for the purpose of sexual conducts or obscene behaviors
Activities that use the Service for the purpose of meeting or dating unknown people of opposite sex
Solicitations such as multi-level marketing
Religious solicitation
Activities that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.
Activities that induce or encourage suicide, self-injury behavior, or drug abuse
Activities that post or transmit expressions which lead to the discomfort of others
Activities that use the Service for the purpose of harassment or libelous attacks against others
Activities deemed to be spamming by the Company including sending messages indiscriminately to numerous Users etc.
Activities that pose excessive burden over the network or the system of the Service etc.
Activities that gain illegal access to the network or the system of the Service etc.
Other activities that the Company judges inappropriate

8. Suspension of the Service etc.

The Company may suspend or cease the provision of all or a part of the Service without any prior notice to the Users in the case where any of the following occurs. The Company shall not be responsible for any damage inflicted upon Users in relation to the measures taken by the Company under this article.

When any inspection or maintenance of the Service system or infrastructure is conducted
When the Service is incapable to be provided due to the force majeure including power failure, natural disaster and such like
When the Service is incapable to be provided due to any accident occurred to computers or communication lines and such like
When mal functions occur in platforms, cloud computing service and other related services provided by third parties which are indispensable to provide our Service
When the Company deems it is necessary to suspend or cease the Service
When it becomes difficult or impossible to provide this Service due to the suspension or termination of external services or services of external service providers used by the Company to provide this Service (including, but not limited to, suspension of such services due to maintenance, specification changes, and repair of defects)

9. Alteration and termination of the Service

The Company may permanently terminate or temporarily suspend the provision of all or part of this Service to the user after a notification in advance. However, in case of unavoidable or urgent cases, it may be terminated or suspended without any notification to the User in advance.
Users shall agree with that our Service is to be provided as it is.

10. The Company’s Exemption of Liability

The Company shall not guarantee in any sense that the Service suites to Users’ specific purpose, that the Service has functions, values, accuracies and efficiencies as Users expect or that the Service never has mal-function.
The Company is not liable for any damages incurred to the User due to the use of this Service and any damages caused by the inability to use this application due to malfunctions, errors, failures, etc. that occur in our application.
The Company will not be involved in the Users’ communications or activities in any sense. Should arise any dispute among Users, such disputes shall be solved by Users themselves and the Company shall not be responsible to any liability.
The Company is not responsible to inspect or record any information transferred to our applications by Users.
The user, etc. shall consent in advance that all or part of this Service will not be available when the service of any external party affiliated with this Service fails to be provided.
In the case that this ToS shall be deemed to be the contract between consumers and business entities stipulated in the Article 2.3 of the Consumer Contract Law, the part “The company’s responsibility or liability shall be totally exempted even due to its own non-fulfillment of the obligations or its own illegal act” shall not be applicable. In such case, the Company shall be responsible for the liability to compensate the direct damage inflicted on Users unless the Company has intentional act or gross negligence.

11. Handling of Users’ information

The Company will handle the Users’ information pursuant to the terms and conditions of our Privacy Policy which is separately established. Users are considered to agree that the Company may, at its discretion, use or open to public the information or data provided by Users after altering them into statistical information or other forms of information which do not specify an individual user.

12. Campaigns and questionnaires

The Company may conduct questionnaires and such like through our Service at any time which the Company considers appropriate.
Copyrights, intellectual property rights or any other rights regarding Users’ answers of those questionnaires, etc. shall be transferred to the Company when Users transmit those answers to us. The purpose of use will be in accordance with the terms and conditions of our Privacy Policy.
Users shall guarantee that the data they provide us or advertisers in their answers to our questionnaires are legal and do not violate copyrights, portrait rights or any other rights of third parties.

13. Alteration of the ToS

The Company may alter the ToS without any notification to users in advance. The Company will notify the Users by posting the altered ToS on the website or applications operated by the Company. The alteration of the ToS shall become effective when it is posted on our website or applications. Users are deemed to have given consent to alterations when Users use the Service after the public notification.

14. Notification and contact

When the Company notifies or contacts Users regrading inquiries and responses on the Service or alterations of the ToS, the Company may use measures that the Company considers appropriate.

15. Assignment

Users shall not assign, transfer any of his/her status as users, rights, interests or obligations under this ToS to any third party, or shall not conduct any kind of disposition of the same without prior written consent of the Company.
In the case the Company transfers the Service to other companies (including business transfer, mergers, acquisitions and company split and such like, but not limited to these), the Company may transfer Users’ contractual status, rights, interests or obligations under this ToS, and Users’ registered personal information or other information to such an assignee following such business transfer. Users shall be considered to have given prior consent to such transfer under this clause.

16. Severability

If any provision of this ToS is subsequently held invalid or unenforceable by being inconsistent with the Consumer Contract Act or any other laws and regulations, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other provisions thereof.

17. Resolution by mutual consultation

If there is any doubt about matters not stipulated in this ToS or any interpretation of it terms and conditions, the Company and the Users shall promptly resolve them after mutual consultation in accordance with the principle of good faith.
When the Company or the User requests to the other party the discussion set forth in the preceding paragraph, they shall agree in writing or electronical method that such mutual discussion will be held.

18. Governing law and jurisdiction

This ToS shall be governed and construed in validity, interpretation and enforcement subject to the laws of Japan. Conflicts that arise related to the ToS will be governed under the exclusive jurisdiction of the Tokyo District Court for its first instance.

Established on June 7th, 2021

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