Terms of Service

Article 1 (About these Terms)

1. These Terms apply to all relationships between us and users relating to the use of the Service.
2. If, separately from these Terms, we set conditions for using the Service under the name "individual conditions" and show them on the Service's screens or website, those conditions also form part of these Terms. If these Terms and the individual conditions conflict, the individual conditions take priority.

Article 2 (Definitions)

In these Terms, the following words have the following meanings.

1. "space": a single virtual office created within the Service. Contracts and fees are set for each space.
2. "owner": the account that created a space, or the account to which the owner role was transferred under Article 5, paragraph 4 (each space has 1 owner). The owner signs up for, changes, and cancels plans, and configures and deletes the space.
3. "contract holder": the person who created a space and signed up to use the Service. If a space was created on behalf of a company or other legal entity, that company or other legal entity is the contract holder.
4. "admin": a person the owner has designated by changing a member's role. Admins can issue invites, among other things.
5. "member" and "guest": a person who has joined a space through an invite link issued by the owner or an admin. Guest is a form of participation for inviting people such as those from outside the company.
6. "user": anyone who uses the Service, including contract holders, owners, admins, members, and guests.
7. "number of concurrent users": the number of people in a space at a given time. The owner, admins, members, and guests are all counted.
8. "trial period": the period of 30 days from the time a space is created, during which it can be used free of charge (the trial).
9. "paid plan": a plan used by paying a fee (Standard and Business).

Article 3 (Description of the Service)

1. The Service is a virtual office used in a browser. Users can move an avatar on a map on the screen and talk by voice with people nearby. They can also show their camera video and screen share to the people they are talking with. Inside a meeting room, users can talk with people in the same meeting room regardless of distance.
2. Details of the features are provided on the Service's screens and website.
3. Users provide the devices, software, and network environment needed to use the Service at their own cost and responsibility. The operating environment is shown in the Notice under the Act on Specified Commercial Transactions.

Article 4 (Logging in and creating a space)

1. The Service is used by logging in with a method we specify (a Google account, or a link sent to an email address).
2. The person who creates a space becomes the owner of that space and is responsible, as the contract holder, for complying with these Terms. If you create a space on behalf of a company or other legal entity, please warrant that you have the authority to sign up on its behalf.
3. There is a limit on the number of spaces each account can create. The limit is shown in the Notice under the Act on Specified Commercial Transactions and on the Service's screens.
4. We may refuse the creation of a space or the use of the Service if any of the following applies. In that case, we have no obligation to give a reason.
   • The sign-up details contained anything false.
   • The person has violated these Terms in the past.
   • The person is an antisocial force under Article 17.
   • The use cannot be considered normal, such as creating a space in order to use the trial period repeatedly.
   • We otherwise reasonably determine that it is not appropriate to allow the use.
5. If you are a minor, please use the Service only after obtaining the consent of a parent or guardian.

Article 5 (Managing accounts, and use by people you invite)

1. Users manage the Google account or email address they use to log in at their own responsibility. They must not let others use it, and must not lend or transfer it to others.
2. The contract holder must also have the people they invite to their space (admins, members, and guests) comply with these Terms, and is responsible for what those people do on the Service.
3. Please share invite links and guest passwords only with the people you are inviting.
4. The owner can transfer the owner role to an admin or member of that space from "Space settings" in the Service (it cannot be transferred to a guest). The owner who transfers the role becomes an admin.
5. Even if the owner role is transferred, the payment details registered for that space (credit card, billing email address, and so on) carry over as they are. To change them, please have the new owner do so on the "Plan and billing" screen in the Service.

Article 6 (Trial period)

1. A newly created space can be used free of charge for 30 days from the time it is created. During the trial period, the limit on the number of concurrent users is 50 people, and the same features as the paid plans are available.
2. No credit card registration is required to start the trial period.
3. Even after the trial period ends, the Service will not automatically switch you to a paid plan or charge you any fees.
4. A space whose trial period has ended enters the "Expired" state ("paused"). While a space is paused, no one other than the owner can enter it. The owner can use the screen for signing up for a plan. When the owner signs up for a paid plan, the pause is lifted.
5. If you sign up for a paid plan during the trial period, the paid period starts when the sign-up process is completed. The remaining trial period is not carried over.
6. Until we begin accepting sign-ups for paid plans, notwithstanding paragraph 4, spaces are not paused even after the trial period ends, and can be used on the same conditions as the trial period (free of charge, with up to 50 concurrent users). Before the date on which we begin accepting sign-ups, we will give notice of that date and of how spaces whose trial period has ended by then will be treated, by contacting the owner's email address and by posting on the Service's screens or website.

Article 7 (Paid plans and fees)

1. The names, fees, and limits on the number of concurrent users of the paid plans are as shown on the pricing page and in the Notice under the Act on Specified Commercial Transactions.
2. Fees are a flat amount per space and do not change with the number of registered members. There is no initial fee.
3. You can choose monthly or yearly billing as the payment cycle.
4. Sign-ups for paid plans are accepted from the date on which we begin accepting them. We will announce that date on the Service's screens or website.
5. For customers whose billing address is outside Japan, fees are set in US dollars. Japanese consumption tax does not apply. If a tax of the customer's country applies, we show it on the sign-up screen. We do not provide paid plans to customers in the EU, the EEA, the UK, India, or South Korea.

Article 8 (Limit on the number of concurrent users)

1. There is a limit on the number of people who can be in a space at the same time. The limit is 25 people for Standard, 50 people for Business, and 50 people during the trial period.
2. The owner, admins, members, and guests are all counted in the number of concurrent users. There is no limit on the number of members who can be registered.
3. Even after the number of concurrent users reaches the limit, people can still enter up to 2 people over the limit. Beyond that, "This space is full" is shown on the screen of the person trying to enter, and that person cannot enter. However, the owner can enter even when the space is full.
4. No additional fee is charged for people who enter within the allowance in the preceding paragraph. If we change the number of people in this allowance, we will give advance notice.

Article 9 (Payment)

1. Fees for paid plans are paid by credit card. With yearly billing, customers whose billing address is in Japan can also choose payment by invoice (bank transfer) under paragraph 4. Payment and billing are processed through Stripe, a payment processing service. Users enter their card information directly on Stripe's screen, and we do not receive it.
2. If you sign up by credit card, the fee for the first period (1 month for monthly billing, 1 year for yearly billing) is charged when the sign-up process is completed. The same applies if you sign up during the trial period (Article 6, paragraph 5).
3. Paid plans renew automatically for periods of the same length until the cancellation procedure is carried out. With a credit card, the fee for the next period is charged on the renewal date. With payment by invoice, we send the invoice for the next period on the renewal date.
4. If you sign up for yearly billing with payment by invoice (bank transfer), we will, through Stripe, issue an invoice to the addressee and email address specified by the owner and send it by email. The transfer destination is an account for each customer, shown on the invoice. The payment due date is 30 days from the date the invoice is issued. Until the due date, you can use the Service in the same way as during the trial period. Once payment is confirmed, the space switches to the paid plan, and the paid period is counted from the date of sign-up. If payment is not confirmed by the due date, the space is paused.
5. Bank transfer fees are borne by the customer.
6. If payment is late, late payment damages at a rate of 14.6% per year are to be paid from the day after the payment due date through the date of payment.
7. If a card payment cannot be made, we will ask you, on the Service's screens or by other means, to check and correct your card information. If payment cannot be confirmed even after a reasonable period, we may treat the paid plan as canceled and pause the space.

Article 10 (Plan changes)

1. If you want to change your plan or payment cycle during a paid plan contract, please contact the contact point in Article 24. We will guide you through the change procedure.
2. A change to a higher plan takes effect from the time of the procedure, and the difference for the remaining period is calculated on a daily pro-rata basis and billed. A change to a lower plan and a change of payment cycle take effect from the next renewal date. In either case, we do not return any difference in cash.

Article 11 (Cancellation)

1. The owner can cancel a paid plan at any time from "Manage payment" (a screen provided by Stripe) on the "Plan and billing" screen in the Service.
2. If you cancel, the next renewal does not take place. The Service can be used until the end of the period already paid for, after which the space is paused.
3. A paused space can be used again if the owner signs up for a paid plan again. However, a space that has stayed paused for 90 days is erased as set out in Article 20, paragraph 3.
4. The owner can delete a space from "Space settings" in the Service. Once a space is deleted, no one can enter it from that time on. Any paid plan is canceled at the end of the period already paid for (even if part of the paid period remains, the deleted space cannot be used; refunds are as set out in Article 12).

Article 12 (Refunds)

1. Fees already paid are not refunded. No pro-rata refund is given for canceling partway through a period or for changing plans, either.
2. However, the preceding paragraph does not apply if we were unable to provide the Service for reasons attributable to us, or if we discontinue the Service under Article 19, paragraph 4.

Article 13 (Fee changes)

1. We may change the fees. If we do, we will give notice at least 1 month before the date of the change, by contacting the owner's email address and by posting on the Service's screens or website.
2. The changed fees apply from the period starting after the date of the change. For yearly billing contracts, they apply from the next renewal.
3. Notwithstanding paragraph 1, for the first 50 spaces, in order of sign-up, after we begin accepting sign-ups for paid plans, we will not raise the fee (the amount excluding tax; for customers whose billing address is outside Japan, the US dollar amount excluding tax) above the amount on the date we began accepting sign-ups, for as long as that space's paid plan contract continues. If the plan is changed, we likewise will not raise the fee above the amount of the new plan on the date we began accepting sign-ups. If the consumption tax rate changes, the tax-included amount is calculated at the changed rate. A space that signs up again after its contract has ended is not covered by this paragraph.

Article 14 (Secrecy of communications, and what we do not store)

1. We protect the secrecy of users' communications in accordance with the Telecommunications Business Act.
2. The Service handles voice, video, screen share, chat, notes added to knocks, and avatar positions on our servers in order to deliver them to the other party, but does not store them. There is also no audio or video recording feature.
3. Except in cases based on laws and regulations, we do not view or listen to the content of communications and do not disclose it to others.
4. We use connection records (IP addresses, dates and times, and so on) only to the extent necessary to provide the Service, such as investigating failures and responding to unauthorized use.
5. We handle users' information in accordance with the Privacy Policy.

Article 15 (External notifications)

1. If the owner sets up "External notifications (Webhook)", then when a selected event (knock, join, or leave) occurs, the Service sends the event, the display name of the person involved and a number that distinguishes users, the space's name and identifier, and the time to the destination specified by the owner. If the Slack or Chatwork format is selected, only 1 sentence containing the display name and the space's name is sent.
2. If the Chatwork format is selected, the Service posts to the room specified by the owner using the Chatwork API token registered by the owner. Posts are made under the name of the holder of that API token. We store and use this API token only to send notifications.
3. Selecting the destination, issuing and managing the Chatwork API token, and handling information at the destination are the contract holder's responsibility.

Article 16 (Prohibited acts)

When using the Service, users must not do any of the following.

• Violating laws and regulations or public order and morals
• Anything connected with a crime
• Infringing our or others' intellectual property rights such as copyrights and trademark rights, portrait rights, privacy, reputation, and so on
• Recording, or making public, another user's voice, video, or screen without that user's consent
• Impersonating another person, or using another person's account
• Placing an excessive load on our facilities, such as by connecting in large numbers with automated programs
• Unauthorized access to the Service, or obstructing the operation of the Service
• Renting out or selling the Service to others without our consent
• Analyzing or modifying the Service's programs (except where permitted by laws and regulations)
• Providing benefits to antisocial forces
• Anything else comparable to the above that we reasonably determine to be inappropriate

Article 17 (Exclusion of antisocial forces)

1. Users represent and warrant that they are not an organized crime group, a member of an organized crime group, a person for whom 5 years have not passed since ceasing to be a member of an organized crime group, a quasi-member of an organized crime group, a company affiliated with an organized crime group, a corporate racketeer or the like, a racketeer claiming to advocate social movements or the like, a crime group specializing in intellectual crime, or any other person equivalent to these ("antisocial forces"), and that they have no relationship with antisocial forces.
2. If a user violates the preceding paragraph, we may terminate the contract without prior notice.

Article 18 (Suspension of use and termination of contract)

1. If a user falls under any of the following, we may, without prior notice, suspend that user's use of the Service or terminate the contract.
   • The user has violated these Terms.
   • The user has been late in paying fees or has refused to pay.
   • The sign-up details contained anything false.
   • We otherwise reasonably determine that it is not appropriate to let the user continue using the Service.
2. Our liability if a user suffers damage as a result of a measure under the preceding paragraph is as set out in Article 22.

Article 19 (Changes, interruptions, and discontinuation of the Service)

1. We may change the content of the Service. If we make a change that is unfavorable to users (such as removing a feature), we will give advance notice.
2. We may temporarily stop all or part of the Service in the following cases. When we do, we will give advance notice as far as possible.
   • When inspecting, maintaining, or updating facilities
   • When providing the Service becomes difficult because of a natural disaster, power outage, communication line failure, or the like
   • When an urgent response is needed for security
   • When otherwise unavoidable for operational reasons
3. We strive to keep the Service usable without interruption, but we do not guarantee uptime or any other aspect of quality.
4. We may discontinue the Service. If we do, we will give notice at least 3 months before the discontinuation date and will refund, on a daily pro-rata basis, the portion of fees already paid that covers the period after the discontinuation date.

Article 20 (Handling of data, and when a contract ends)

1. The rights to information that a user has registered with the Service (display name, space name, settings, and so on) belong to that user or to the contract holder.
2. If the owner deletes a space (Article 11, paragraph 4), we erase that space's data (members, invites, and settings) 30 days after the deletion.
3. For a paused space, we erase that space's data (members, invites, and settings) 90 days after it was paused. If the owner signs up for a paid plan before then, the pause is lifted and the data can be used as it is.
4. Users can delete their account on the Service's screens. When a user deletes their account, we erase that user's account information and their records as a member of spaces, and we also erase the account used to log in. If you own a space, please first transfer the owner role (Article 5, paragraph 4) or delete the space.
5. We back up the database every day and keep 14 days of backups. However, we do not promise that data can be restored from backups, or how long it would take to restore it.
6. Payment records are not included in the data erased under paragraphs 2 through 4, and are kept for the period required by laws and regulations.
7. We do not guarantee that data will not be lost.

Article 21 (Intellectual property rights)

Copyrights and other intellectual property rights relating to the Service belong to us or to the rightful holders. The permission to use the Service under these Terms does not transfer those rights to users.

Article 22 (Scope of liability for damages)

1. We do not guarantee that the Service will suit any particular purpose of a user, or that it will have the functions or performance a user expects.
2. If we are liable to a user for damages in connection with the Service, then, except in the case of our intent or gross negligence, the upper limit of that liability is the amount of fees the contract holder of that space paid to us during the 1 month before the date the damage occurred (for yearly billing, one-twelfth of the yearly fee).
3. If there is no payment of fees on which the upper limit in the preceding paragraph is based, such as during the trial period, that upper limit does not apply. In that case, except in the case of our intent or gross negligence, the damages we compensate are limited to ordinary damages actually incurred by the user.

Article 23 (Changes to these Terms)

1. We may change these Terms if either of the following applies.
   • The change is in the interests of users as a whole.
   • The change does not conflict with the purpose of the contract and is reasonable in light of the need for the change, the appropriateness of the changed content, and other circumstances relating to the change.
2. When we change these Terms, we will announce the changed content and the date the change takes effect, before that date, on the Service's screens or website. We will also notify the owner's email address of changes that are unfavorable to users.

Article 24 (Notices and contact)

1. We give notices to users by posting on the Service's screens, publishing on the website, or emailing the registered email address.
2. We accept communications from users to us by email (support@hotoriplace.com). We do not accept them by phone. As a guideline, we aim to reply by the next business day.

Article 25 (Assignment of rights and obligations)

1. Users may not, without our written consent, transfer to others or provide as collateral their contractual status or their rights and obligations under these Terms.
2. If we transfer the business of the Service to another party, we may transfer our contractual status, rights, and obligations, together with users' information, to the transferee. Users agree to this in advance.

Article 26 (Governing law and court)

These Terms are interpreted in accordance with the laws of Japan. For disputes relating to the Service, the Tokyo District Court is the exclusive agreed court of jurisdiction of first instance.