Terms of service

Article 1 (Scope)

  1. This Terms of Service applies to any and all relationships between the Company and a user (“User”); if a user of Service is an entity, “User” includes the said entity as well as its officers and employees) regarding any and all websites, software, applications, products, documents, and any other goods and services provided by the Company under the service name “Prott” (“Service”).
  2. By using the Service, the User shall be deemed to have effectively and irrevocably agreed to all provisions of this Terms of Service. The User shall use the Service in compliance with this Terms of Service.
  3. In relation to the Service, if there are any other documents in addition to this Terms of Service that the Company distributes or posts on the website as “Terms of Use”, “Guideline”, “Policy,” or any other similar names (“Individual TOS”), the User shall use the Service in compliance with Individual TOS as well as this Terms of Service.
  4. In the event of any conflict between the provisions of Individual TOS and those of this Terms of Service, the provision of Individual TOS shall take precedence to the extent of such conflict.

Article 2 (Registration)

  1. Any person who wishes to use the Service may apply for registration of the use of the Service (hereinafter “Registration of Use”) by submitting certain information stipulated by the Company (“Registration Matters”) in a way designated by the Company (“Registration Applicant”). Provided, however, a minor shall obtain the consent of his/her parent or other statutory agent to apply for the registration.
  2. A person who applied for the registration shall become the User when the Company accepts the application for Registration of Use.
  3. Upon the Company’s acceptance of the Registration of Use, the User may use the Service in accordance with this Terms of Service.
  4. The Company may refuse any registration or reregistration without any obligation to disclose any of the reasons thereof, in the event that
    1. the whole or part of Registration Matters submitted by a Registration Applicant to the Company is found to be false, incorrect, or incomplete;
    2. the Company considers that a Registration Applicant is one of antisocial forces (hereinafter including organized crime groups, members of organized crime groups, ultra-rightist organization and other antisocial forces or similar groups), or cooperates or involves in maintenance, operation, or management of antisocial forces through funding or any other ways;
    3. a Registration Applicant is a person who was in breach of any contract with the Company, or is, in the Company’ judgment, related to such person;
    4. a Registration Applicant has been subject to any measures stipulated in Article 16 (Deregistration, etc.); or
    5. the Company considers that a Registration Applicant is inappropriate for registration for any other reasons.

Article 3 (Provision of Service, No Warranty)

  1. The Company may limit Users entitled to receive the Service to those who fulfill the conditions that the Company deems necessary, such as member registration, age or identification.
  2. The Company may place advertisements of the Company or any third party in the Service.
  3. The Company does not warrant that the Service (including the contents provided by the Company) will be free from any substantial or constructive defects (including, but not limited to, defects in terms of safeness, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose or security, errors or bags, or infringement). The Company is not obligated to provide the Service to any User by eliminating such defects. Provided, however, if a contract between the Company and the User regarding the paid Service (including this Term) is deemed to be a consumer contract prescribed in the Consumer Contract Act, the Company shall not be released from all liabilities to indemnify damages incurred by the User due to any latent defect in such Service, and Article 18 (Exemption/Limitation of Company’s Liability), Paragraph 2 shall apply mutatis mutandis to such liabilities for the damages.
  4. The Company may take any measures that the Company deems necessary and appropriate in the event it finds that a User is using the Service in breach of this Term. Provided, however, the Company does not warrant to any User or third party that another User or person will not breach this Term nor does it assume any obligation to any User or third party for prevention or cure of such breach.

Article 4 (Suspension of Service)

  1. The Company may suspend or discontinue the whole or part of the provision of the Service without prior notice or announcement in the event that
    1. any inspection or maintenance work is urgently required to be conducted on any computer systems related to the Service;
    2. any computers, communication lines or other similar means are suspended due to any accident;
    3. the operation of the Service becomes impossible due to any force majeure causes, such as earthquake, lightning and thunder, windstorm, flood, power failure or any other acts of God; or
    4. the Company determines necessary to suspend or discontinue for any other reasons.
  2. The Company may suspend or discontinue the whole or part of the provision of the Service upon prior announcement on the Company’s website in the event that
    1. any inspection or maintenance work is required to be conducted on any computer systems related to the Service; or
    2. it is necessary for improvement, modification or other similar measures of the Service.
  3. The Company shall assume no liability whatsoever for any damages incurred by any User arising out of any measures taken by the Company under this article.

Article 5 (Change of Contents and Termination of Service)

  1. The Company may, in its own judgment, change any contents of the Service or terminate the provision of the Service without any prior notice.
  2. The Company shall assume no liability whatsoever for any damages incurred by any User arising out of any measures taken by the Company under this article.

Article 6 (Environment for Use, etc.)

It shall be responsibility of each User to have, at its own responsibility and expense, personal computers, smartphones, communication devices, operation systems, communication method, electric power and any other items necessary for the use of the Service.

Article 7 (Management of Password and User ID)

  1. Each User shall be responsible to appropriately manage and maintain its password and User ID regarding the Service, and shall not let any third party (with regard to any password and User ID granted to the User, any person other than such User shall be “third party”) use the same nor shall lend, assign, transfer or otherwise sale the same to any third party.
  2. The Company will deem all acts performed using the registered password to be the act performed by the User itself.
  3. The User shall be liable for any damages arising out of any insufficient management, fault in the use, use by any third party of the password or User ID or other similar causes, and the Company shall assume no liability whatsoever therefor.

Article 8 (Handling of Contents)

  1. For the purpose of this Terms of Service, “Contents” shall mean text, images, video, music, sound, programs, codes and other information, and “User Contents” shall mean any Contents that the User has transferred or uploaded for storage in the servers managed by the Company.
  2. The User shall continue to retain any rights that it has in all User Contents, and the Company will not obtain any of such rights.
  3. The Company may provide the User, as a part of the provision of the Service, Contents that is available to the User for use in the Service (“Company Content”). The User may use any Company Contents at its responsibility; however, it shall not use (including duplication, transmission, reproduction, alteration and other similar acts) the Company Contents beyond the aspect of use reasonably contemplated by the Service.
  4. The Company may review the details of any User Contents when it deems necessary to conform its compliance with laws and ordinances or this Terms of Service; provided, however, the Company shall not be obligated to conduct such review.
  5. If the Company determines that the User is or appears likely in violation of any laws and ordinances or this Term of Service concerning its User Contents or if there are any other operational necessities, the Company may, without prior notice to the User, delete the User Contents from the servers managed by the Company or take any other measures to make the User unable to use the Service or User Contents. Therefore, it is recommended that Users prepare backups for User Contents at all times.

Article 9 (Ownership of Rights)

  1. All intellectual property rights relating to the Company’s website and the Service shall belong to the Company or the relevant licensor of the Company. The grant of the license to use the Service under this Terms of Service shall not deem to constitute granting of any license to use such intellectual property rights of the Company or the relevant licensor of the Company relating to the Company’s website and the Service.
  2. The Company shall be entitled to use any feedback, requests or proposals from any User without any permission from such User.
  3. The User warrants to the Company that it has due right to transmit, upload or otherwise use the User Contents and that any of the User Contents does not infringe any right of any third party.

Article 10 (Handling of User Information)

  1. Any handlings of any User’s personal information shall be in compliance with this Terms of Use as well as the Privacy Policy of the Company.
  2. The Company may, at its discretion, use and disclose Registration Matters and any other information or data provided to the Company by the User for statistical information in a way that cannot identify an individual or the User.

Article 11 (Confidentiality)

  1. The Company shall keep User Contents in confidence except when it obtained prior written approval of the User or as provided in Article 10 (Handling of User Contents) hereof.
  2. The User shall keep any information that is not publicly known and that the Company requested the User to keep in confidence in relation to the Service except when the Company has given prior written approval.
  3. Notwithstanding the preceding two paragraphs, the Company or the User shall have no obligation to keep the following information in confidence; provided, however, this shall not apply to any personal information (information about living individual which can identify the specific individual by name, date of birth or other description contained in such information (including such information as will allow easy reference to other information and will thereby enable the identification of the specific individual)) :
    1. Information that is already publicly known or available at the time of disclosure from the other party;
    2. Information that becomes publicly known or available through no fault of it after the disclosure from the other party;
    3. Information that can be proved to have been in its possession at the time of disclosure from the other party;
    4. Information that can be proved to have been independently developed by it after the disclosure from the other party without use of such confidential information; or
    5. Information that is rightfully received from a third party without obligation of confidentiality.

Article 12 (Prohibition against Retaining Multiple Accounts and Sharing an Account)

  1. Users shall each retain one account. Except for the case otherwise approved by the Company, one User retaining multiple accounts or multiple Users sharing one account or multiple accounts is prohibited.
  2. Under no circumstances, the User may assign or lend the account to any third party.

Article 13 (Prohibited Matters)

No User may conduct any act that falls under or the Company determines it to fall under any one of the followings in using the Service:

  1. Act that is in violation of any laws and ordinances, final court judgments, decisions or orders, or legally binding administrative measures;
  2. Fraud or duress against the Company, other Users of the Service or any other third parties;
  3. Act that is offensive to public order and morals;
  4. Act that infringes the intellectual property rights, right of publicity, privacy, privilege or other rights or interest of the Company, other Users of the Service or any other third parties;
  5. Transmission or upload of any information that falls under or the Company determines it to fall under any one of the followings through the Service;
    • Information that includes computer viruses or other harmful computer program,
    • Information that includes any expression detrimental to privilege or reputation of the Company, other Users of the Service or any other third parties,
    • Information that includes any antisocial expression or any expression that cause discomfort to others, or
    • Information that requests spread of information to third parties, such as chain mails;
  6. Act that overloads the networks or systems of the Service;
  7. Act that threatens to obstruct operation of the Service;
  8. Unauthorized access or attempt of unauthorized access to the networks, systems or otherwise of the Company;
  9. Impersonation of a third party;
  10. Use of ID or passwords of other Users of the Service;
  11. promotion, advertisement, solicitation or marketing of products or services other than that of the User;
  12. Collection of information of other Users of the Service;
  13. Act that cause disadvantage, damage or discomfort to the Company, other Users of the Service or any other third parties;
  14. Act that conflicts with any rules regarding the use of the Service provided on the Company’s website;
  15. payoff to antisocial forces;
  16. Religious activity or solicitation for any religious organization;
  17. Collection, disclosure or provision of personal information, registration information, usage history information or other information of any third party without permission;
  18. Act that directly or indirectly evoke or facilitate any of the acts stipulated in the above items;
  19. Any other acts that the Company determines inappropriate.

Article 14 (Deletion of Account by User)

Any User may delete its account and terminate the use of the Service by the User. In such case, the information concerning the User retained by the Company shall be disposed of in accordance with the Personal Information Protection Act and other related laws and ordinances, and the Privacy Policy. Provided, however, the Company shall have no obligation to backup or otherwise store any information in the deleted account.

Article 15 (Suspension of Use, etc.)

  1. If the Company determines that a User is or appears likely in violation of this Term of Service, the Company may, without prior notice to the User, suspend the account.
  2. The Company may approve the login to the Service through an account provided by other providers (“Other Account”). Provided, however, the User that logins to the Service through Other Account will become unable to use the Service by the login to the Service through such Other Account in the event that such Other Account is not authenticated by the provider that provides the same because of any reason, such as deletion of said Other Account. The Company shall assume no liability whatsoever for such matter.

Article 16 (Deregistration, etc.)

  1. If a User falls under any one of the following items, the Company may remove the User Contents, suspend the use of the Service by the User, delete User’s account and registration, or terminate the service contract without prior notice or notification; provided, however, the Company shall have no obligation to backup or otherwise store any information in the deleted account:
    1. In the event the User breaches any of the provisions of this Terms of Service;
    2. In the event it becomes clear that there is any false representation of fact in the Registration Matters;
    3. In the event the User becomes subject to suspension of payment or insolvency, or petition for commencement of proceedings for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or any other similar proceedings;
    4. In the event the User has not responded to an inquiry or any other communication from the Company requesting any response for thirty (30) days or more;
    5. In the event the User falls under any of the items in Article 2 (Registration), Paragraph 4; or
    6. In any other events the Company determines to be inappropriate to continue the use of this Service by the User, registration of the User or the service contract.
  2. If any one of the preceding causes should occur, all payments of debts that the User owes to the Company shall be automatically accelerated to become immediately due and payable.
  3. The User may suspend the use of the Service, delete the account and registration, or terminate the service contract upon notice to the Company in the manner and method prescribed by the Company. Provided, however, the Company shall have no obligation to backup or otherwise store any information in the deleted account.

Article 17 (Indemnification of Company)

Any User shall, immediately upon Company’s claim, indemnify and compensate the Company from any damage, loss or expense (including attorney’s fee) incurred by the Company directly or indirectly due to any use of the Service by the User in breach of laws and ordinances or this Terms of Use (including when the Company receives any claims from any third party regarding the same).

Article 18 (Exemption/Limitation of Company’s Liability)

  1. The Company shall assume no liability whatsoever for all damage incurred by any User due to the Service. Provided, however, if a contract between the Company and the User regarding the Service (including this Term) is deemed a consumer contract prescribed in the Consumer Contract Act and the said Act is applied thereto, the exemption from liability in this paragraph shall not apply.
  2. Even in the event of the proviso of the preceding paragraph, the Company shall not be liable for any damages incurred by the User resulting from the Company’s non-performance or tort due to negligence (hereinafter excluding gross negligence) which arising out of any special circumstances (including such damage that has been foreseen or foreseeable by the Company or the User). Also, the liability for damages incurred by the User resulting from the Company’s non-performance or tort due to negligence shall not exceed the following amount:
    1. With regard to the damage incurred by the User due to the paid Service, the amount of the service charge received by the Company from the User for the month such damage has occurred; or
    2. With regard to the damage incurred by the User due to the free Service, the amount of the network fees incurred by the User in using the said Service for the month such damage has occurred.

Article 19 (Assignment of Contractual Status)

  1. No User may assign, transfer, pledge or otherwise dispose of its contractual status or rights or obligations under this Terms of Service with the Company to any third party without prior written approval of the Company.
  2. If the Company assigns the business relating to the Service to any other entity, the Company may, along with such business assignment, assign its contractual status and rights and obligations under this Terms of Service and Individual TOS with the User, and User’s Registration Matters and other information to the assignee of such business assignment; and the User shall be deemed to have consented to such assignment under this paragraph. The assignment of business stipulated in this paragraph shall include not only normal business assignments but also company splits and any other situations that business is transferred.

Article 20 (Amendment of Terms of Service)

The Company may amend the Terms of Service and/or Individual TOS at any time when it deems necessary without prior notice or announcement. The amended Terms of Service and/or Individual TOS shall become effective at the time they are posted on an appropriate place in the website operated by the Company, and if a User continues to use the Service following such amendment of this Terms of Service and/or Individual TOS, the User shall be deemed to have effectively and irrevocably accepted the amended Terms of Service and applicable Individual TOS.

Article 21 (Communication/Notice)

  1. Any notice, announcement or any other communication from the Company to Users regarding the Service shall be made by posting on an appropriate place in the website operated by the Company or any other ways that the Company determines appropriate.
  2. Any notice or communication from a User to the Company regarding the Service shall be made by transmitting an inquiry form situated in an appropriate place on the website operated by the Company or any other ways designated by the Company.

Article 22 (Severability)

If any provision of this Terms of Service or part thereof should be held by any laws and ordinances or otherwise to be invalid or unenforceable, the remaining provisions of this Terms of Service and the remaining part of the provision that is held partially invalid or unenforceable shall remain in full force and effect

Article 23 (Surviving Provisions)

In addition to which specifically designated in each provision hereof, Article 7 (Management of Password and User ID), Article 8 (Handling of Contents), Article 9 (Ownership of Rights), Article 10 (Handling of User Contents), Article 11 (Confidentiality), Article 17 (Indemnification of Company), Article 18 (Exemption/Limitation of Company’s Liability), Article 19 (Assignment of Contractual Status), Article 21 (Communication/Notice), Article 22 (Severability), this Article and Article 24 (Governing Law and Competent Court) shall survive the termination hereof.

Article 24 (Governing Law and Competent Court)

  1. The Japanese version of this Terms of Service shall be original and shall be governed by the laws of Japan.
  2. The Tokyo District Court or The Tokyo Summary Court shall be the agreed court of first instance having the exclusive jurisdiction over all disputes that may arise out of or in relation to this Terms of Service or any service contract. Any award given by such competent court shall be enforceable by a court in any country.

Article 1 (Purpose and Scope)

  1. The Terms of Paid Service applies to any user (hereinafter referred to as “User”) of any specific paid service (hereinafter referred to as “Paid Service”) with regard to any and all websites, software, applications, products, documents, and any other goods and services provided by Goodpatch Inc. (hereinafter referred to as “Company”) under the service name “Prott” (hereinafter referred to as “Service”). If a user of Service is an entity, “User” shall include the said entity as well as its officers and employees. Any Service other than the Paid Service shall hereinafter be referred to as “Free Service.”
  2. In addition to the Terms of Paid Service, the Prott Terms of Service and other rules separately provided for by the Company (hereinafter collectively referred to as “Terms”) will be applied to the use of the Paid Service, except when specifically excluded; therefore, please read the other terms and rules before use. By using the Paid Service, the User will be deemed to have agreed to the Terms. In the event of any conflict between the provisions of the Terms of Paid Service and those of the Prott Terms of Service or other rules separately provided for by the Company, the provision of the Terms of Paid Service shall prevail.

Article 2 (Application and Start of Use)

  1. Any person who wishes to use the Paid Service shall apply for registration of the use of the Paid Service in accordance with the procedures prescribed by the Company, and a contract concerning the Paid Service (hereinafter referred to as “Paid Service Agreement”) will be concluded at the time when the Company transmits an acceptance notice. Provided, however, the Company may not accept an application if the relevant applicant does not meet the screening criterion prescribed by the Company.
  2. After the conclusion of the Paid Service Agreement, the User will be deemed to have started the use of the Paid Service at the time when the Company confirms the payment by the User of a monthly service fee stipulated in the next article and completes necessary configuration for the User to use the Paid Service (hereinafter referred to as “Use Starting Time”).
  3. The User shall be required to register for the Free Service before use of the Paid Service.

Article 3 (Fee and Payment)

  1. In consideration of the use of the Paid Service, the User shall, in accordance with the payment procedures prescribed by the Company, pay monthly fees in the list separately provided for by the Company. The Company may at any time revise monthly fees, and new monthly fees shall be applied to Users upon uploading a revised monthly fee list on the Company’s website. Provided, however, the revision of monthly fees will not affect any User who has been using the Paid Service prior to the revision of monthly fees, and the former monthly fees will be applied as long as such User continues to use the said Paid Service.
  2. The period subject to the monthly fee shall begin on the date of the Use Starting Time.
  3. The payment of monthly fees shall be in advance. After the payment of initial monthly fee, the User shall pay, before the end of each one-month period starting on the Use Starting Time, a monthly fee for each subsequent one-month period.
  4. In the event no payment is made for any monthly fee, the Company may suspend the use of the Paid Service by the User without notice.
  5. No refund will be made for any monthly fee paid regardless of any reason. Provided, however, in the event the Paid Service is not available for 24 hours or more within any one-month period stipulated in Paragraph 3 of this Article due to any negligence on the part of Company, the fee calculated on a prorated basis will be deducted from the fee for the next month.
  6. In the event the User does not complete any payment by the due date prescribed by the Company, the User shall pay a late payment charge of 14.6% per annum starting on the next day of the due date.
  7. The provision of the preceding paragraph shall not prevent the Company from selecting the termination of the Paid Service Agreement.

Article 4 (Termination of Paid Service Agreement by User)

  1. The User may terminate the Paid Service Agreement by notifying the Company in the manner and method prescribed by the Company.
  2. The termination of the Paid Service Agreement by notice as provided for in the preceding paragraph shall become effective after the lapse of the one-month period subject to the monthly fee already paid, and the User may continue to use the Paid Service until the lapse of such period.
  3. In addition to the preceding two paragraphs, the Paid Service Agreement shall be terminated at the time when the User suspends the use of the Free Service, deletes its account and registration for the Free Service, or terminates the service contract for the Free Service in accordance with Paragraph 3 of Article 16 (Deregistration, etc.) of the Prott Terms of Service, and the User shall lose the right to use the Paid Service and other rights under the Paid Service Agreement.
  4. Even if the Paid Service Agreement terminates as provided for in Paragraph 1 or 3, the Company will not be liable for any refund for any monthly fee calculated on a prorated basis or otherwise, and the User shall not be relieved form the payment obligation for the fees accrued before such termination.
  5. The Company shall have no obligation to backup or otherwise store any information in the account of the User who terminated the Paid Service Agreement.

Article 5 (Termination of Paid Service Agreement by Company)

  1. If a User falls under any one of the following items, the Company may terminate the Paid Service Agreement without prior notice to the User; provided, however, the Company shall have no obligation to backup or otherwise store any information in the account of the User with whom the Paid Service Agreement is terminated:
    1. In the event the User breaches the Terms;
    2. In the event the User fails to pay any fees;
    3. In the event the Company deletes User’s account and registration, or terminates the service contract in accordance with Paragraph 1 of Article 16 (Deregistration) of the Prott Terms of Service; or
    4. In any other events the Company determines to be appropriate to terminate the use of the Paid Service by the User.
  2. Even if the Paid Service Agreement is terminated as provided for in the preceding paragraph, the Company will not be liable for any settlement calculated on a prorated basis or otherwise.
  3. The Company shall have no obligation to backup or otherwise store any information in the account of the User with whom the Paid Service Agreement is terminated.

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