Terms of Use

These Terms of Use set forth the terms and conditions for the use of the Service, Fitspot Work, provided by Polyvaly, Inc. ("Polyvaly," "we," "us," or "our") on this website.
All clients ("client," "you," or "your") using the Service are deemed to have agreed to these Terms of Use when they apply to use the Service, so please be sure to read them before using the Service.

Article 1 (Application)

1. These Terms of Use shall apply to all relationships related to using the Service between your company and ours.
2. In addition to these Terms of Use, we may establish various rules and regulations regarding using the Service (from now on referred to as "Individual Regulations").
These Individual Regulations, regardless of their name, shall constitute a part of this Terms of Use.
3. If any regulations of this Agreement conflict with any of the Individual Regulations in the preceding Article, the regulations of the Individual Regulations shall take precedence unless otherwise specified in the Individual Regulations.

Article 2 (Application for use)

1. The application for this service shall be completed when a prospective applicant agrees to the Terms of Use and applies for the service by the method specified by our company and when our company approves the application.
2. We may not approve an application for the use if we determine that the applicant has any of the following reasons, and we are under no obligation to disclose the reasons for such denial.
(1) When false information is reported at the time of application for use
(2) If the application is from a company that has violated this Terms of Use
(3) Other cases in which we deem the use application inappropriate.

Article 3 (Management of Client Information)

1. The client shall properly manage the client information for the Service at your responsibility.
2. The client may not, under any circumstances, transfer or lend the client’s information to a third party or share it with a third party. We regard the client information used by the clients when it matches the registered information.

Article 4 (Usage Fees and Payment Methods)

1. Considering the Service, the client shall pay the usage fee separately, determined presented by the method we specified.
2. If the client is late in payment of the usage fee, the client shall pay a late fee at the rate of 14.6% per annum.

Article 5 (Prohibited Matters)

The client shall not engage in the following acts when using the Service.
(1) Acts that violate laws and regulations or public order and morals
(2) Actions related to criminal acts
(3) Infringement of copyrights, trademarks, or other intellectual property rights contained in this Service, including the contents of this Service
(4) Any act that destroys or interferes with the functionality of the server or network of the Company, other clients, or any other third party.
(5) Actions that may interfere with the operation of our services
(6) Use of the Service for any unauthorized purpose.
(7) Impersonating another client
(8) Acts of providing benefits directly or indirectly to antisocial forces in relation to our services
(9) Other acts that we reasonably deem inappropriate

Article 6 (Suspension of Provision of the Service, etc.)

1. We may suspend or discontinue the provision of all or part of the Service without prior notice to you for any of the following reasons if we reasonably determine that such suspension or discontinuance is due to any of the following
(1) When performing maintenance inspections or updating of computer systems related to this service
(2) When the provision of this service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster.
(3) In the event of an accidental shutdown of computers or communication lines, etc.
(4) In any other cases where we reasonably determine that it is difficult to provide this service.
2. We shall not be liable for any disadvantage or damage incurred by you or any third party as a result of the suspension or interruption of the provision of this service.

Article 7 (Restriction of Use and Cancellation of Registration)

1. We may restrict your use of all or part of the Service or terminate your registration as a client upon prior notice to you in any of the following cases
(1) If you violate any of the provisions of these Terms and Conditions
(2) When it is found that there is a false fact in the registration information
(3) In the event of default in payment of fees and other obligations
(4) If you do not respond to our communications within seven days
(5) In any other case in which we reasonably determine that using the Service is not appropriate.
2. We shall not be liable for any damages incurred by you due to any action taken by us under this Article.

Article 8 (Cancellation of User Registration)

The client may terminate your registration from the Service through procedures determined by us.

Article 9 (Disclaimer of Warranty and Disclaimer of Liability)

1. We do not warrant, expressly or impliedly, that the Service will be free from defects in fact or law (including, but not limited to, defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors or bugs, or infringement of rights).
2. We shall not be liable for any damages incurred by the client arising from the Service. However, this disclaimer shall not apply if the contract between our company and the client regarding the Service (including this Terms and Use) is a consumer contract as defined in the Consumer Contract Act.
3. We shall not be liable for any damage arising out of special circumstances (including cases where our company or the client foresaw or could have foreseen the occurrence of damage) among damages caused to the client due to default of obligation by our company due to negligence (excluding gross negligence).
In addition, compensation for damages incurred by the client due to default by our company due to negligence (excluding gross negligence) shall be limited to the amount of the usage fees, excluding actual costs, received from the client during the period in which such damages occurred.
4. We shall not be liable for any transaction, communication, or dispute between your company and another client or a third party concerning the Service. However, this shall not apply when there are reasons attributable to us.

Article 10 (Change of Service Contents, etc.)

We may change the contents of the Service or discontinue providing the Service without notice to you, and we shall not be liable for any damages incurred by you as a result of such changes or discontinuation.

Article 11 (Modification of Terms of Use)

We reserve the right to change the Terms of Use at any time without notice to the client in any of the following cases. In addition, when a client starts to use the Service after a modification of the Terms of Use, such client shall be deemed to have agreed to the modified Terms of Use.
(1) When the modification of this Terms and Use is in the general interest of the client
(2) The modification of these Terms and Use is not contrary to the purpose of these Terms of Use, and the modification is necessary, reasonable, and rational in terms of the contents of these Terms of Use after the modification.

Article 12 (Handling of Personal Information)

We will appropriately handle personal information obtained through this service by our "Privacy Policy."

Article 13 (Notice or Communication)

Notification or communication between the client and us shall be made using the method we determined. Unless the client notifies us of a change according to a method separately determined by us, we will assume that the currently registered contact address is valid and send notices or communications to that address, which will be deemed to have reached the client when they are sent.

Article 14 (Prohibition of Assignment of Rights and Obligations)

You may not assign your position under the Subscriber Agreement or your rights or obligations under this Terms of Use to any third party or offer them as security without our prior written consent.

Article 15 (Exclusion of Antisocial Forces)

1. You represent and warrant that you do not fall under any of the following items and pledge that you will not fall under any of the following items in the future.
(1) Your Company, parent company, subsidiaries, affiliates, officers, or key employees are antisocial forces.
(2) Your Company, parent company, subsidiaries, affiliates, officers, and key employees have socially reprehensible relationships with antisocial forces.
(3) Five years have not passed since they ceased to fall under the preceding two items.
(4) To commit any of the following acts or similar acts against us, either by oneself or by using a third party
(i) Violent acts of demand
(ii) Unreasonable demands beyond legal responsibility
(iii) threatening words or deeds or using violence in connection with transactions
(iv) Acts of spreading false rumors, using deceptive means or force to damage our credibility or obstruct our business
2. We may terminate your registration for the Service if you violate the preceding paragraph, and we may demand compensation for any damages incurred by us.
3. We shall not be liable for any loss or damage incurred by you as a result of cancellation of your registration by the preceding paragraph.

Article 16 (Governing Law and Jurisdiction)

1. These Terms and Use shall be governed by and construed by the laws of Japan.
2. In any dispute regarding the Service, the court having jurisdiction over the location of our Company's head office shall have exclusive jurisdiction.

As of June 1, 2023