Terms of Service

The Xoxzo Cloud Telephony Platform Terms of Use (hereinafter referred to as the "Terms") prescribe the terms to be observed by users (hereinafter referred to as "Users") of the functions provided (hereinafter referred to as "Services") on "Xoxzo" (hereinafter referred to as the "Website") operated by MARIMORE Inc. (hereinafter referred to as the "Company"). To use this service, you must thoroughly read the Terms of Use below, agree to them, and register an account as a User.

Please review the agreement carefully. Once accepted, it will be a binding legal commitment.

1. Use

This Service may only be used by Users who have completed the registration process prescribed below by the Company. Users are considered to have agreed to these Terms once they begin to use the Service.

  1. Users must follow the procedures prescribed by the Company to apply to use this Service after confirming and agreeing to these Terms.
  2. This Service is meant for developers and companies to connect their applications with telephony capabilities and is not meant to be used by the general public without the necessary technical understanding. Those who cannot meet these requirements or do not understand them cannot use this Service.
  3. If the Company deems a User to be inappropriate, the Company may deny that User's usage application. Furthermore, even after a User's usage application has been approved, if the Company deems a User to be inappropriate, the Company may cancel the User's registration in accordance with these Terms.
  4. A User may not raise any objection if the Company denies the User's application or cancels the User's registration.
  5. If there are any changes to the items that the user provides on the usage application, the User is required to update their account without delay.
  6. Support for this Service will only be conducted via e-mail.

2. API credentials and Registered e-Mail Address

  1. If the Company approves a User's usage application based upon review by the Company, the user is eligable to create an API User. The Company will issue credentials (hereinafter referred to as "Credentials") for the API User.
  2. The User shall be held responsible for managing the Credentials issued by the Company, and shall not transfer, lend, or disclose it to any third parties. However, this shall not apply in cases where it must be disclosed due to the nature of a program or application developed using this Service.
  3. The User shall be held responsible for inadequate management, misuse, and damage to third parties caused by the usage of the Credentials, and if the User finds that the Credentials has been used by a third party without authorization, the User shall report it to the Company without delay.
  4. Even in cases of unauthorized usage of the Credentials, the Company shall consider this to be appropriate usage by the User, and shall not accept any responsibility whatsoever for damages incurred by this usage.
  5. If the Company can reasonably assume that there has been usage by a User who has not completed the required registration procedures, or if the Company judges it necessary due to burden on the Service, the Company may restrict the traffic or access time from specific IP addresses or deny access.
  6. If the Company determines that there has been a violation of the Terms by a User, or if the Company determines that a User's usage of the Service is inappropriate, the Company may restrict that User's access at its own discretion without contacting the User.
  7. This Service assumes that the User is able to access his/her registered e-mail address in order to read important announcements and confirm his/her identity. The User may become unable to use this Service if he/she becomes unable to access his/her registered e-mail address.

3. Credits

  1. The Company sells dedicated points (hereinafter referred to as "Credits") to the User that can be applied to the usage fee. If the User wishes to buy Credits, he/she must submit the separate application specified by the Company and provide the information required to pay the necessary fee.
  2. Credits are to be sold in units specified by the Company.
  3. The amount of Credits consumed through use of this Service shall be notified to the User via the Company's Website.
  4. Credits shall be valid for a period of 90 days. When calculating the period of validity for Credits, the date upon which the Credits were acquired (or the date upon which they were purchased) shall be included in the count. The Company shall notify Users of the period of validity for Credits before the end of their validity.
  5. Payment to purchase Credits shall be made using methods specified by the Company on the Website, or as communicated to the User separately.
  6. Users may not share, combine, gift, lend, pledge, transfer, or sell points between one another.
  7. If a User corresponds to any of the following, the Company may cancel the User's Credits in whole or part. The Company does not assume any responsibility whatsoever for the canceled Credits. Furthermore, if the Company determines that Credits were used in an unauthorized manner, the Company may make a claim for damages against the relevant User.
    • The User acquired Credits illicitly.
    • The User commits an act that violates the preceding Paragraph (prohibition on transfer of points) or '6.Prohibited Acts'.
    • The User otherwise violates these Terms.
    • The Company otherwise determines that it is appropriate to cancel the User's Credits.
  8. If the User contacts the Company to request a refund for Credits within three (3) days of the purchase, the User may receive a refund only for the unused portion of the Credits.
    • 20% of the amount of the refund shall be deducted from the amount refunded to the User as a refund processing fee.
    • The refund amount will be calculated based on the average price of credits (excluding taxes).
    • The minimum available amount for refund shall be JPY2,000 after the refund processing fee has been deducted. Amounts less than JPY2,000 cannot be refunded.
    • Unless the payment was made by another payment method as specified by the Company, the refund method shall be by bank transfer to an account in the User's own name. However, when issuing a bank transfer, the transfer fees shall be borne by the User.
  9. If the User leaves this Service, the unused portion of the User's points at the time he/she leaves the Service shall be handled in the same manner as above. However, with the exception of individually contracted accounts, even if the User has completed the necessary registration procedures for use of the Service, if the User satisfies any of the following conditions at the end of the term of validity for Credits, the User shall be considered to have left the Service and his/her account shall be canceled without notification.
    • The User has not purchased any Credits to use this Service.
    • The User has not logged into the Website.
    • The User has not used any functions that consume Credits.
  10. The Company may, by informing the User in advance via announcement on the Website or another method deemed appropriate by the Company, change the points used for fees for this Service, and the User consents to this.

4. Licenses, etc.

  1. The User may, in accordance with the conditions prescribed in these Terms, use the information posted on the Company's Website that is provided through the Service (hereinafter referred to as the "Information") on a non-exclusive basis.
  2. The Company may, without prior consent from the User and for any reason, modify or suspend this Service.
  3. The User must not use this Service to develop services that could be mistaken by third parties to be this Website, nor post such services on the Internet.

5. Rights

The copyrights and other property rights for the content, information, trademarks, images, advertisements, designs, etc. included in this Service and this Information (hereinafter referred to as "Content") shall be reserved by the Company, or by the creator or copyright holder of that Content.

6. Prohibited Acts

  1. Users shall not use this Service or this Information in a manner that is slanderous, libelous, interferes with the proper operation of this Service, or otherwise causes harm to the Company or any third parties.
  2. Users must not remove, conceal, or otherwise change any displays of patents, trademarks, copyrights, or other intellectual property that are displayed or included in this Service or Information.
  3. The User must not use this Service to send unsolicited (spam) voice or message contents. If there is reason to suspect that unsolicited contents is being sent, the User's Service may be suspended without notice.
  4. Users are forbidden from using this Service or Information for applications that include any of the following.
    • Content that are grotesque, obscene, blatantly sexual, or would otherwise cause discomfort to the general public.
    • Content involving criminal acts, violent expression or expressions of discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, etc.
    • Content that violates or poses the risk of violating public order and morals or laws and regulations.
    • Content that infringes upon patent rights, utility model rights, design rights, trademarks, copyrights, privacy, publicity rights, or any other rights of a third party.
    • Content that is untrue, or that poses the risk of being misleading to third parties.
    • Content that infringes upon the honor or reputation of others or is otherwise disadvantageous to them.
    • Content that includes computer viruses, or which may interfere with, damage, or control the proper operation of the Company's or a third party's software, hardware, or communication equipment, or content that poses the risk of doing so.
    • Content that violates or poses the risk of violating these Terms.
    • Features that compare pricing information on this Website in a manner similar to the content provided by the Company.
    • Other content that the Company determines to be inappropriate.
  5. The User must not use this Service or Information for the purpose of violating, or in a method that violates laws, rules, regulations, or government authority.
  6. The User must not use this Service or Information, beyond the scope of what is clearly permitted in these Terms, to exaggerate or make misstatements about the relationship between the Company and the User or third parties, nor use it in a manner that would cause a viewer of the application to confuse the application for the Website.
  7. The User must not compile or use this Service or Information for applications other than those explicitly permitted in these Terms.
  8. The User may not, regardless of purpose, resell, sublet, or license any information obtained through this Service.
  9. The User may neither copy nor save (except for caching or other permitted actions) this Information nor the information posted on the Website to the User's own or a third party's database or recording medium.
  10. The User must not sell, edit, manipulate, adapt or otherwise change, re-transmit, sub-license, or transfer this Information, nor the information posted on the Website in whole or part.
  11. If one of the acts in the paragraphs above has been committed, the Company may suspend the use of the Service for the relevant User, cancel or suspend the User's API key, or take other measures that the Company deems appropriate. If the User violates these Terms in letter or in spirit, or if the Company determines that an act has been committed that is inappropriate in light of the spirit of this agreement, the Company may take necessary measures. The Company may take said measures at will, regardless of whether the User is responsible for the improper conduct. The User may not raise any objection to the measures taken by the Company against the User, regardless of the reason that the measures were taken. The Company accepts no responsibility whatsoever for any damage suffered by the User as a result of the Company having taken the measures above. However, the Company also bears no responsibility to monitor the User's activity, nor the information (including data and content) transmitted or provided by the User (including cases considered to be use by the User).

7. Elimination of anti-social forces

In the case The Company has reasons to believe the User are deemed to be a member of anti-social forces (gang, gangster, who have not passed the five years from the time that is no longer in the gangster, gang quasi-members, gang related companies, racketeers, etc., social movements such as advocating grounder or special intelligence violence groups, and other means a person pursuant to this.), or, those who relates, cooperates or involved in with anti-social forces and its maintenance operation or management through funding or such, the Company may suspend the use of the Service for the relevant User, cancel or suspend the User's API key, or take other measures that the Company deems appropriate without requiring any prior notification to the User. The Company accepts no responsibility whatsoever for any damage suffered by the User as a result of the Company having taken the measures above.

8. Injunction and Disposal of Information

  1. The Company may claim an injunction against acts of the User that violate this Agreement.
  2. The User must follow the instructions of the Company to delete from any storage media any of this Information or information posted on the Website (including information that has been edited, manipulated, adapted, or otherwise changed), or to dispose of the storage media upon which said Information has been recorded.

9. Disclaimer

  1. The Company provides no guarantee whatsoever that information on this Service and Website is free from error, bugs, and interruption, nor does it provide any guarantee to its reliability, accuracy, completeness, safety or efficacy.
  2. By this agreement, the Company accepts no responsibility whatsoever for damages, liability, or complaints arising from the usage, trusting, or referencing of this Service or any application developed by the User related to or using the Service.
  3. The Company accepts no responsibility whatsoever for the result of usage of this Service. Credits used for this service are completely non-refundable, regardless of the results of the use of this Service. Furthermore, any transmitted data or information belongs to the User, and the Company accepts no responsibility for it whatsoever.
  4. The Company does not accept any liability for damages suffered by the User or any third parties due to any of the items below (except in cases of willful or gross negligence by the Company) as a result of the use of this Service or Information, even if it was indicated to the Company that such damage might occur.
    • Availability or unavailability of this Service.
    • Information obtained through this Service or other information or data.
    • Users' transmissions or communications, illicit access to data, or its modification.
    • Third party comments or actions regarding the use of this Service.
    • Any and all other matters related to the use of this Service.

10. Changes to and Termination of this Service

  1. The Company may, at its sole discretion, change, suspend, or terminate this Service (including this information) in whole or in part, without prior notice to the User. The Company accepts no responsibility for this whatsoever, even if a User or third party suffers damage due to this.
  2. The Company may suspend or cancel this Service in whole or in part without prior notice to the User in any of the following cases. The Company accepts no responsibility for this whatsoever, even if a User or third party suffers damage due to this.
    • When the Company or a designated third party conducts maintenance of equipment related to this Website or Service.
    • When the Company or a designated third party experiences a malfunction or failure of equipment related to this Website or Service.
    • When an earthquake, flood, tsunami, or other natural disaster, or war, civil disorder, rioting, power outage, or other emergency occurs.
    • When requested to do so by a judge, government agency, or other appropriate organization.
    • When the Company deems it to be necessary for other operational or technical reasons.

11. Changes to these Terms

The Company may change these Terms at will. When there are changes to these Terms, they will come into effect as soon as they are publicized on the Website. After changes to these Terms, Users are considered to agree to said changes when they use the Service.

12. Violation of these Terms

If a User causes damage to the Company or to a third party due to violation of these Terms, the User shall be liable for these damages at his/her own responsibility and expense. Furthermore, complaints and disputes from third parties arising due to a User's usage of this Service shall be resolved between the User and the third party, and must not inconvenience the Company in any way whatsoever.

13. Governing Law and Jurisdiction

These Terms and the relationship between the User and the Company are to be interpreted based upon Japanese law, and if the need for litigation between the User and the Company arises, it shall first be the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court.