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Terms of Service

These Sanka Service Terms of Use (hereinafter referred to as the “Terms”) set forth the terms and conditions for the use and subscription of the sales management service “Sanka” (hereinafter referred to as the “Service”), which is provided by Sanka (hereinafter referred to as the “Company”), based on applications submitted by customers (hereinafter referred to as the “Customer”).

If separate terms or individual agreements (hereinafter referred to as the “Individual Terms”) are established for the Service, the Customer shall use the Service in accordance with both these Terms and the Individual Terms. In the event of any inconsistency between these Terms and the Individual Terms, the Individual Terms shall prevail.

The Company may amend these Terms and the Individual Terms pursuant to Article 548-4 of the Japanese Civil Code, provided that such amendment does not contravene the purpose of the agreements governed by these Terms, and is reasonable in light of the necessity, appropriateness, and other relevant circumstances. Upon amendment, all matters relating to the Service, including fees, shall be governed by the amended Terms.

The Service is an online platform designed to improve business efficiency. Due to the nature of the Service, the Company does not guarantee that it will operate continuously and without malfunction in any environment.

Sanka separately establishes the Sanka Privacy Policy, which describes the collection and use of personal data.

Article 1 (Formation, Renewal, and Termination of Agreement)

When a Customer wishes to use the Service (hereinafter referred to as “Service Use”), the Customer shall apply in the manner prescribed by the Company after agreeing to the conditions set forth in these Terms. The application must be made by a person authorized to enter into the Use Agreement specified in Paragraph 2.
Upon the Company’s acceptance of the Customer’s application under the preceding paragraph, a service agreement for the use of the Sanka Service (hereinafter referred to as the “Use Agreement”) shall be formed, with these Terms as its contractual conditions.
When the Company receives an application for Service Use, it may, upon completing the prescribed procedures and determining to accept the application, create an account for the Customer and notify its acceptance. Such notification may be made via email to the address provided by the Customer or through a reseller.
If the Customer wishes to change the terms of use of the Service under an existing Use Agreement, the Customer shall apply to the Company after agreeing to the terms stated in these Terms. The provisions of this Article shall apply mutatis mutandis to the formation of new or modified agreements under this paragraph.
The Customer acknowledges that the Company may, at its sole discretion, refuse any application, and shall not hold the Company liable for any damages arising from such refusal.
The Customer may terminate the Use Agreement by notifying the Company in accordance with the procedures specified by the Company. In such cases, no refund shall be made for credits already purchased or fees already paid.
However, Customers subscribed to the Enterprise Plan who wish to terminate the Use Agreement must notify the Company by email sent to the Company’s designated email address no later than ten (10) days prior to the last day of the renewal month of the contract (the “Renewal Month,” meaning the month in which the contract term expires). Notifications made after this deadline shall be deemed effective at the end of the following contract period.

Article 2 (Customer Responsibilities)

The Customer shall bear all responsibility for the use of the Service. The Customer guarantees that all data entered into the Service do not infringe upon any third party’s copyrights, industrial property rights, publicity rights, privacy rights, or any other rights, and that all necessary rights have been duly cleared.
The Customer acknowledges that information transmitted to the Company in connection with the use of the Service may be used by the Company or a designated third party within the scope necessary for the operation or marketing of the Service, provided that such use complies with Article 12.
Unless otherwise notified in writing, the Customer acknowledges that the Company may announce the Customer’s use of the Service and may use or display the Customer’s logo or trademark on the Service website or other promotional materials. The Company may determine the Customer’s corporate or organizational name based on the email domain used at registration.

Article 3 (Suspension of Use)

The Company may, after formation or commencement of a Use Agreement, immediately suspend, interrupt, or terminate the Customer’s use of the Service without any liability if it determines, at its sole discretion, that the Customer has violated the obligations under Article 2 or any other provision of the Use Agreement, or that there is a risk of such violation, or if there is suspicion of misuse or unlawful operation of the Customer’s account. In such cases, the Customer shall remain liable for payment of any fees accrued, and the Company shall not be responsible for any loss or deletion of data resulting from such suspension or termination.

Article 4 (License to Use the Service)

The Company grants the Customer the right to use the Service on the approved account, subject to compliance with these Terms.
When using the Service, the Customer shall comply with the following:
Properly manage all account information, passwords, and credentials, and prevent third-party use.
Use the Service only for its intended purposes as defined by the Company.
Back up data as necessary to prevent loss.
Not interfere with or attempt to interfere with the normal operation of the Service.
Not engage in reverse engineering, modification, or infringement of the Service’s intellectual property.
The Customer shall be deemed responsible for any workflows or applications executed through the Service, and the Company shall not be liable for resulting damages.
If account credentials are leaked or misused, the Customer shall immediately report it to the Company in writing and follow the Company’s instructions.

Article 5 (Handling of Data Stored in the Service)

All rights, including intellectual property rights, to data created, entered, uploaded, or otherwise stored through the Service (“Customer Data”) belong to the Customer or the rightful third party.
The Company may use Customer Data solely for the purposes of providing, operating, improving, and supporting the Service.
The Company shall not disclose or provide Customer Data to third parties without prior consent, except as required by law.
Upon termination of the Customer’s account, the Company shall promptly delete or erase all Customer Data.

Article 6 (Fees)

The Customer shall pay the fees for use of the Service (“Fees”) as determined and presented by the Company, using the payment method specified by the Company. The Company is not obligated to provide the Service until payment is complete. If the Customer wishes to use Enterprise services, including custom development, the Customer shall notify the Company and pay the quoted amount.

If an Enterprise Plan Customer wishes to increase the number of licenses (upgrade), notification shall be made at least five (5) business days prior to the desired effective date, enabling prorated billing within the same month.
If the Customer wishes to decrease the number of licenses (downgrade), notification shall be made at least five (5) business days prior to the last day of the preceding month, to be reflected in the following month’s invoice. In either case, if notification is delayed, changes will take effect in the subsequent month.

Article 7 (Limitation of Liability)

The Company makes no warranties and assumes no responsibility for the following:
The Service, proposals, websites, related materials, or any deliverables, information, advice, or predictions provided by the Company under or in connection with the Use Agreement.
Any damages arising from interruptions, communication failures, natural disasters, power outages, or system failures not attributable to the Company.
Notwithstanding any provision of these Terms, if the Company is liable for damages arising from the Use Agreement or the use of the Service, such liability shall be limited to direct and ordinary damages, and the total amount shall not exceed the fees actually paid by the Customer to the Company during the three (3) months preceding the claim. The Company shall not be liable for lost profits, loss of business opportunities, or any special damages.

Article 8 (Identity Verification)

The Company may verify the authenticity of Customer registration information at any time. The Customer shall provide necessary information in writing upon the Company’s request. Where personal information is included in such registration data, the Company shall handle it in accordance with its Privacy Policy.

Article 9 (Termination of Agreement)

The Company may, without prior notice, suspend or terminate the Use Agreement in whole or in part if:
The Customer violates Article 2 or 3.
The Customer fails to pay fees under Article 5.
The Customer becomes insolvent, bankrupt, or otherwise unable to fulfill obligations.
The Customer or its representatives interfere with the Company’s business or damage its reputation.
The Customer or its affiliates are found to have connections with antisocial forces.
The Company deems continuation of the Use Agreement inappropriate for any other reason.
Upon termination under the above, all debts owed to the Company become immediately due.
The Customer may terminate the Use Agreement at any time by paying all due fees and deleting the account.

Article 10 (Representations and Warranties)

The Customer represents and warrants that neither it nor its affiliates are associated with antisocial forces (including organized crime groups and related entities). If found in violation, the Company may immediately terminate the Use Agreement without any obligation to compensate.

Article 11 (Effects of Delayed Payment)

If the Customer delays payment of fees, the Company may suspend all Service obligations until payment is completed. The Customer may not claim damages for any service unavailability during such suspension. A late payment charge of 6% per annum shall apply until payment is made.

Article 12 (Confidentiality)

Both the Company and the Customer shall not disclose or use any confidential information obtained through the Use Agreement for purposes other than its execution, even after termination.
Confidential Information includes all technical, business, and customer information disclosed in connection with the Use Agreement, whether oral, written, or electronic, except information that:
Was already public or becomes public without fault,
Was already known by the recipient,
Is independently developed without reliance on the confidential information, or
Is obtained lawfully from a third party without obligation of confidentiality.

Article 13 (Communication)

If the Customer needs to contact the Company regarding the Service, the Customer shall use the communication methods designated by the Company. The Company may refuse to respond to inquiries made by other means.

Article 14 (Compliance with Laws and Regulations)

The Customer shall comply with all applicable laws, including the Foreign Exchange and Foreign Trade Act of Japan, public order and morality, government guidelines, industry standards, and customs. Any damages to the Company resulting from the Customer’s violation shall be compensated by the Customer.

Article 15 (Governing Law)

The Use Agreement shall be governed by and construed in accordance with the laws of Japan.

Article 16 (Jurisdiction)

Any disputes arising out of or relating to the Use Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 17 (Modification of Terms)

The Company may modify these Terms at any time if deemed necessary. The Customer shall review and agree to the Terms effective at the time of use.