ApeosPlusCardsR Terms and Conditions

FUJIFILM Business Innovation
ApeosPlus Cards R Terms and Conditions

Effective on September 1, 2022.

Terms and Conditions

Ver. 1.0.0 (Sep 1, 2022)

Article 1.Legal Agreement

You (“You” or “Customer”)are deemed to have read, understood and agreed to be legally bound to all of this Terms and Conditions of Service (“T&C”) by implementing any of the following:
1. clicking a button of “Accept”, “Agree” or equivalent on a Service Provider’s website for Service;
2. entering into a contract regarding the use of Service with Service Provider; or
3. starting to use Service.
In some Services, Service Provider may add special terms and conditions which reflect the unique specifications or requirements (“Additional Terms”) to T&C. Additional Terms shall automatically be incorporated into and become a part of T&C.
If You agree or are deemed to have agreed to T&C on behalf of a third party (including a company/organization of which You are an employee), You hereby acknowledge that You have the necessary authority to do so and are responsible for doing so. In this case, references of ‘You’ and ‘Customer’ shall be taken as references to such third party.
Service Provider may change T&C (including Additional Terms that apply to Service) at any time. When Service Provider changes T&C, Service Provider shall notify You of such change via the website specified by Service Provider, by e-mail or any other means. Customer shall be bound by any changed terms from the day they are first made available by Service Provider. It is Customer’s responsibility to monitor any changed term.
In the case that there is any conflict between Additional Terms and the other terms of T&C, Additional Terms shall prevail in relation to such Service.
Nothing in T&C shall be construed as limiting, excluding or modifying any warranty, guarantee or other right enjoyed by Customer which cannot lawfully be limited, excluded or modified, including any statutory guarantee under the applicable law.

Article 2. Definition

The capitalized terms herein are defined as follows:

“FUJIFILM Business Innovation” means FUJIFILM Business Innovation Corp., a Japanese company which has its principle office at 9-7-3 Akasaka Minato-ku Tokyo107-0052, Japan.
“Service” means service(s), with or without charge, which is provided by FUJIFILM Business Innovation or its sales subsidiary to Customer through the Internet and whose order/ application document issued or submitted by Customer (or screen display, if Customer orders or applies for the service via Internet) refers to or shows T&C as condition of use of the service.
“Service Provider” means FUJIFILM Business Innovation or its sales subsidiary who provides Service to Customer specified in the order/ application document (or screen display, if Customer orders or applies Service via Internet) which Customer issues or submits for use of Service.

Article 3.Use of Service

You may have access to and use Service subject to compliance with all of T&C.
Service Provider may set reasonable restrictions on Customer’s use of Service, such as limits on file size, data storage space, data processing capacity, and other technical limitations. Customer shall further acknowledge that Service may be suspended due to technical requirements even if data storage capacity allotted to Customer is not fully occupied.
Service is provided for customers in the Asia Pacific/Oceania* region. Those who are outside of the area cannot carry out user registration for Service in principle. For the avoidance of doubt, the foregoing shall not prevent customers from using Service outside of the Asia Pacific/Oceania* region.

* Australia, China (including Hong Kong and Taiwan), Japan, Indonesia, South Korea, Laos, Malaysia, New Zealand, Philippines, Singapore, Thailand, Vietnam, Myanmar and Cambodia

Article 4.Required Environments for Use

Service may require a specific technical environment for use, such as applicable hardware devices, Internet access, and software designated by Service Provider (the royalty, if any, shall be borne by Customer). The above requirement includes its periodical updates and renewals, which may affect the performance of Service. Customer agrees that it is Customer’s sole responsibility to meet the requirement, and that neither Service Provider nor FUJIFILM Business Innovation shall be responsible for such requirement.
Service may be accessed using an external service’s credentials as a result of ID federation between Service and said external service. However, FUJIFILM Business Innovation makes no warranties and bears no responsibilities in the event that Service cannot be accessed because of said external service.

Article 5.Software for Service

Service Provider may grant Customer, with or without royalty, a non-assignable and non-exclusive license to use software to be installed on Customer’s device as a part of or accompanied with Service (“Software for Service”). Software for Service shall be used for the sole purpose of Service and in the manner separately permitted by Service Provider.
Customer shall be strictly prohibited from copying, modifying, distributing, selling, or leasing the whole or a part of Software for Service. Also, Customer shall neither attempt to extract the source code of nor reverse engineer Software for Service.
Customer shall fully acknowledge that Customer has agreed to comply with the license terms and conditions of Software for Service designated by Service Provider or FUJIFILM Business Innovation separately at the time of the installation or start of use.

Article 6.Inquiries from Customer

Service Provider shall respond to Customer’s inquiries sent to the contact address specified by Service Provider. Unless stated in Additional Terms, Customer may inquire only on how to use Service. Service Provider may also make available other support which may, at its sole discretion, be subject to additional charges.

Article 7.Subcontract of Service

Service Provider may, at its sole discretion, subcontract the whole or a part of Service to third parties, provided that such subcontract shall not release Service Provider from its obligations in T&C.

Article 8.Modification of Service

Service Provider may, at its sole discretion, modify, update or discontinue the whole or a part of Service at any time without liability to Customer. Service Provider shall make reasonable efforts to notify Customer of such modification, update or discontinuance. If Service Provider discontinues Service in its entirety, Service Provider shall refund, on a pro rata basis, Service Fees equivalent to the amount of unperformed portion.

Article 9.Service Fees and Payment Terms

The fees, charges and other amounts to be invoiced by the Service Provider under T&C (“Service Fees”) are stated in (i) the ordering documents stating the purchase of the Service agreed to between the parties in writing from time to time or (ii) the ordering confirmation displayed on Customer’s computer when purchasing the Service online (“Order Form”).
All Service Fees payable by Customer are exclusive of applicable taxes and duties.
The Service Fees and applicable taxes (collectively referred to as “Invoiced Amount”) shall be stated in an invoice issued by the Service Provider to Customer after the execution of T&C, for the Service rendered.
The Invoiced Amount is due immediately and payable by Customer within fifteen (15) days from the date of the invoice. Payment may be by way of telegraphic transfer or such other mode of payment as mutually agreed by both parties, with Customer bearing the relevant bank charges (if any).
In the event that the Customer fails to pay the Invoiced Amount by the due date, the Customer agrees to pay the Service Provider interest at a rate of 12% per annum (or the maximum rate of interest allowed under the relevant law) on the overdue amount, until the overdue amount is paid in full.
Customer shall, at its own responsibility, pay any applicable third-party fees (including telephone toll charges, mobile carrier fees, ISP charges, data plan charges, bank transfer fees, credit card fees, foreign exchange fees, if any) to the third parties. Service Provider are NOT responsible for these fees.
To the maximum extent permitted by applicable laws and regulations, all Service Fees are non-refundable whether Customer uses Service or not.
In the case that (a) economic conditions undergo extreme change after execution of this agreement, (b) price rates of Service Provider’s alliance company are revised, or (c) any other matters which outstandingly raise costs of Service occur, Service Provider may revise Service Fees by giving notice of the revision to Customer at least two (2) months prior to the date of the revision. However, when the revision of Service Fees doesn’t constitute disadvantages for Customer, Service Provider may revise Service Fees by giving notice of the revision to Customer at least one (1) day prior to the date of the revision.

Article 10.Management of User and User ID

User. Customer acknowledges and agrees that Service Provider considers an individual who uses User ID and its password as the user of Service (“User”), and Customer shall make content of T&C known to User and impose on User the same obligations under T&C, and shall be responsible for any User’s action and result caused by User. IF ANY DISPUTE, LAWSUIT OR OTHER PROBLEMS ARISE BETWEEN CUSTOMER AND USER, IN NO EVENT SHALL SERVICE PROVIDER AND FUJIFILM BUSINESS INNOVATION BE RESPONSIBLE FOR THEM.
Administrator. Service Provider may have Customer appoint an administrator in charge of the following (“Administrator”): (i) registration and management of identification required for User to access to Service (“User ID”) and (ii) Communication liaison with Service Provider. Customer shall notify Service Provider of its Administrator’s information. When Customer changes Administrator, Customer shall notify Service Provider of such change in advance.
Customer shall be responsible for using and managing User ID and its password, and maintaining the security of them. IN NO EVENT SHALL SERVICE PROVIDER AND FUJIFILM BUSINESS INNOVATION BE RESPONSIBLE FOR ANY DAMAGES CAUSED BY USING OR MANAGING USER ID AND ITS PASSWORD, INCLUDING BUT NOT LIMITED TO INSUFFICIENT MANAGEMENT, INPROPER USE AND USE BY A THIRD PARTY OF THEM.
Customer agrees that Service Provider may assume anyone who uses User ID and/or its password to be such User.
User ID shall be given to and used for only one (1) User, and shall not be shared by two (2) or more Users. Customer shall acknowledge that User ID and its password shall not be disclosed to, assigned to, lent to, exchanged with or shared with any third party, and shall manage its Administrator and User not to let their User ID and its password be disclosed to, assigned to, lent to, exchanged with or shared with any third party.
Even though a third party uses Service as User, Customer shall pay Service Provider Service Fees and applicable taxes as long as such User ID and its password match.
Customer acknowledges that Service Provider reserve the right to delete User ID of User who does not access Service again within a specified period after date of last access. IN NO EVENT SHALL SERVICE PROVIDER BE RESPONSIBLE FOR ANY DAMAGES CAUSED BY DELETION OF SUCH USER ID.

Article 11. Customer’s Data and Contents

CUSTOMER SHALL AGREE THAT SERVICE PROVIDER AND FUJIFILM BUSINESS INNOVATION IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENTS STORED OR UPLOADED BY USER AND/OR ANY THIRD PARTY ON SERVICE.
CUSTOMER SHALL ACKNOWLEDGE THAT SERVICE PROVIDER AND FUJIFILM BUSINESS INNOVATION SHALL HAS NO DUTY AND OBLIGATION TO PRE-SCREEN AND WATCH ANY CUSTOMER’S DATA STORED OR PROVIDED BY CUSTOMER AND/OR USER ON SERVICE.
Service Provider and FUJIFILM Business Innovation reserve the right at all times to determine whether Customer’s data is appropriate and in compliance with T&C, and may, at its sole discretion, pre-screen, move, refuse, modify and/or remove Customer’s data at any time without any prior notice to Customer in case that such Customer’s data is found to be in violation of T&C or is otherwise socially objectionable.

Article 12.Restrictions on Use

Except as expressly stated herein, Customer shall NOT;
1. assign or create security interests on Customer’s right or title hereunder for any third party;
2. create any computer programs which the whole or any part of Service is embedded as component, and (i) disclose, sell or rent such computer programs or (ii) grant any third party a license to use them;
3. reverse-engineer the whole or any part of Service or any component;
4. access to Service by any means other than the interface provided or authorized by Service Provider;
5. act as a service provider through passing the use or benefit of Service to any third party;
6. violate or infringe any property right, copyright, privacy or other rights of Service Provider, FUJIFILM Business Innovation and/or any third party;
7. give Service Provider, FUJIFILM Business Innovation and/or any third party disadvantage and/or damage;
8. hinder the provision of Service by Service Provider;
9. use, transmit or propagate any computer worms, trojans, viruses, harmful or malicious codes or any similar damaging codes (collectively, ‘Harmful Codes’)
10. use Service to engage in conduct that is unlawful, defamatory, libelous, invasive of another’s privacy, threatening, tortious, abusive, harassing, hateful, racially or ethnically offensive, pornographic, obscene or otherwise socially objectionable;
11. violate laws and regulations applicable to Customer;
12. try to implement any of the above actions; or (m)permit any other person to do anything listed above.
Customer agrees to:
1. follow any instructions and Documentation provided by Service Provider and/or FUJIFILM Business Innovation concerning Service; or
2. use reasonable care not to damage Service or expose any person to injury through the use thereof.
Customer is solely responsible for: (i) procuring devices necessary for Service to operate on; (ii) using any data, content, information or material that Customer uploads, downloads, transmits or stores using Service; (iii) regularly backing-up all data and continuously maintaining such back-ups; and (iv) taking its own precautions in respect of virus prevention and detection.

Article 13.Intellectual Property Rights.

T&C herein shall provide the conditions for Customer only to use Service, NOT to transfer any right and title of Service (including Software for Service, hereinafter the same shall apply in this Article) hereunder from Service Provider or FUJIFILM Business Innovation to Customer. All rights, title and interest in and to Service (including any back-up copies for Service) and any documentation and reports provided by Service Provider or FUJIFILM Business Innovation (including documentation made available on-line or with Service) (‘Documentation’) will at all times reside exclusively with Service Provider, FUJIFILM Business Innovation and/or its licensors. Customer shall, at Service Provider’s expense, provide reasonable cooperation to enable Service Provider to perfect and maintain its rights in such property. All rights not specifically granted in T&C are reserved by Service Provider or FUJIFILM Business Innovation and/or its licensors.
Service is protected by any and all laws and regulations, including but not limited to domestic copyright laws of Japan and other countries, and international treaties.
Customer shall acknowledge that any Service’s structure and organization, and source codes of Software for Service shall be proprietary trade secrets and/or confidential information exclusively owned by Service Provider, FUJIFILM Business Innovation and/or its licensors, and be so treated and protected.

Article 14.Suspension of Service

Force majeure. SERVICE PROVIDER WILL NOT BE LIABLE FOR STOP, SUSPENSION OR INADEQUATE PERFORMANCE OF THE WHOLE OR PART OF SERVICE TO THE EXTENT CAUSED BY CONDITIONSTHAT ARE BEYOND SERVICE PROVIDER'S REASONABLE CONTROL (FOR EXAMPLE, NATURAL DISASTER, ACT OF WAR OR TERRORISM, RIOT, LABOR DISPUTE, GOVERNMENTAL ACTION, AND INTERNET DISTURBANCE).
Suspension of Service. Service Provider may suspend the whole or a part of Service for unavoidable or reasonable events, such as maintenance (including update), construction, periodical inspection, and unexpected failure and/or error of equipment and/or software necessary for Service including Software for Service. If Service Provider suspends the whole or a part of Service due to the events stipulated above, Service Provider shall notify Customer of such suspension of Service in advance, except for emergency.
Suspension due to Customer. Service Provider may suspend the whole or a part of Service, when Customer falls within any of the following conditions: (i) Customer violates any duties and obligations under T&C; or (ii) regarding Customer’s use of Service, Customer, directly or indirectly, gives or is likely to give serious damage to Service Provider’s and/or third parties’ business (including but not limited to damage of equipment and data).

Article 15.Disclaimers of Warranties

1)TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, SERVICE (INCLUDING SOFTWARE FOR SERVICE, HEREINAFTER THE SAME SHALL APPLY IN THIS ARTICLE) IS PROVIDED "AS IS" AND "AS AVAILABLE". SERVICE PROVIDER, FUJIFILM BUSINESS INNOVATION AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SERVICE, EITHER EXPRESSLY, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR

A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY AND NONINFRINGEMENT OF ANY THIRD PARTY RIGHTS. SERVICE PROVIDER AND FUJIFILM BUSINESS INNOVATION FURTHER DISCLAIM ANY WARRANTY THAT (A) SERVICE WILL

MEET CUSTOMER’S REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE,

UNINTERRUPTED, TIMELY, SECURE, FREE FROM EXTERNAL INTRUSION, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF SERVICE WILL MEET CUSTOMER’S EXPECTATIONS; OR THAT (D) ANY ERROR OR DEFECT IN SERVICE WILL BE CORRECTED. 2)SERVICE, OR ANY FEATURE OR PART THEREOF, MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES. SERVICE PROVIDER AND FUJIFILM BUSINESS INNOVATION MAKES NO REPRESENTATION THAT SERVICE, OR ANY FEATURE OR PART THEREOF, IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. TO THE EXTENT CUSTOMER CHOOSES TO ACCESS AND USE SERVICE, CUSTOMER DOES SO AT CUSTOMER’S OWN INITIATIVE AND IS RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS.

Article 16.Indemnification by Customer

CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SERVICE PROVIDER, FUJIFILM BUSINESS INNOVATION AND ITS LICENSORS AGAINST ANY CLAIM BY ANY THIRD PARTY (EXCEPT TO THE EXTENT SUCH CLAIM IS CAUSED BY A NONEXCUSABLE BREACH BY FUJIFILM BUSINESS INNOVATION OF THIS AGREEMENT) IN RESPECT OF OR ARISING FROM; (I) DATA LOSS, DATA CORRUPTION OR DELAY OF DATA DELIVERY; (II) ANY HARMFUL CODES THAT MAY BE INTRODUCED INTO CUSTOMER’S SYSTEMS OR DEVICES THROUGH USE OF SERVICE; OR (III) ALL ACTS AND OMISSIONS, INCLUDING BUT NOT LIMITED TO ANY WRONGFUL ACTS, OF ANY PERSON ACCESSING OR USING SERVICE (OTHER THAN EMPLOYEES OF SERVICE PROVIDER, FUJIFILM BUSINESS INNOVATION OR ITS SUBCONTRACTOR) AS IF THEY WERE CUSTOMER’S ACTS OR OMISSIONS.

Article 17.Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FUJIFILM BUSINESS INNOVATION AND SERVICE PROVIDER DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES (AND THEIR EQUIVALENTS UNDER THE RESPECTIVE APPLICABLE LAW), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, IMPLIED WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY.
IN NO EVENT WILL FUJIFILM BUSINESS INNOVATION OR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGE OR LOSS INCURRED BY CUSTOMER DUE TO (A) ANY HACKERS, VIRUSES, MALWARE OR ILLEGAL ATTACKS; (B) ANY UNAUTHORISED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF THE CONTENT OR OTHER DATA; (C) ANY INABILITY TO USE THE SERVICE AS A RESULT OF TERMINATION OR SUSPENSION OF T&C OR SERVICE PROVIDER'S DISCONTINUATION OF THE SERVICE.
IN NO EVENT WILL FUJIFILM BUSINESS INNOVATION OR SERVICE PROVIDER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO DATA LOSS, LOST PROFITS, OR BUSINESS INTERRUPTION ALLEGED TO BE CAUSED BY THE SERVICES), IN ANY WAY ARISING OUT OF OR RELATING TO THE SERVICE.
FUJIFILM BUSINESS INNOVATION AND SERVICE PROVIDER DO NOT MAKE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, SAFETY AND AVAILABILITY OF THE SERVICE, OR THAT THE SERVICE IS FIT FOR A PARTICULAR PURPOSE OR FREE FROM TRANSLATION ARTEFACTS, AND IN NO EVENT WILL FUJIFILM BUSINESS INNOVATION OR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGE OR LOSS INCURRED BY THE CUSTOMER THEREBY.
IN ANY EVENT, FUJIFILM BUSINESS INNOVATION, SERVICE PROVIDER AND THEIR LICENSORS' AGGREGATE LIABILITY UNDER T&C WILL BE LIMITED TO THE AMOUNT WHICH CUSTOMER ACTUALLY PAYS THE SERVICE PROVIDER UNDER T&C FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 1 MONTH PRECEDING THE CLAIM.

Article 18.Termination of Service

Either party may terminate Service for breach of any clause of T&C, by giving thirty (30) days' prior written notice specifically identifying the breach, unless the breach is cured within the said thirty (30) day period.
Either party may terminate T&C with immediate effect upon written notice, if the other party ceases or threatens to cease to carry on its business or if a receiver, administrator or similar officer is appointed over all or any part of the assets or undertaking of the other party; or if the other party makes any arrangement for the benefit of its creditors; or if the other party goes into liquidation (save for the purposes of a genuine amalgamation or reconstruction).
Notwithstanding Articles 18(1) and 18(2) above, Service Provider may suspend or terminate Customer’s access to and use of the Service at any time, where Customer is, in Service Provider's sole opinion, a repeat infringer of the terms of T&C.
Unless stated in Additional Terms, Service Provider may, at its sole discretion, terminate the whole or a part of Service at any time based upon any of the following events:
1. Customer has breached any of T&C or has acted in a manner that clearly shows that Customer doesn’t intend to, or is unable to, comply with T&C;
2. Customer has failed to timely pay Service Fees to Service Provider;
3. Service Provider or FUJIFILM Business Innovation has been required to terminate Service by law (for example, where the provision of Service to Customer is, or becomes, unlawful);
4. Service Provider or FUJIFILM Business Innovation has determined to discontinue Service, in whole or a part, (such as if it becomes impractical for Service Provider or FUJIFILM Business Innovation to continue offering Service in Customer’s country or area due to change of law);
5. Customer’s account for charge-free Service, if applicable, has been inactive for six (6) months or longer; or
6. Service Provider has reasonably determined it inappropriate to continue to provide Service.

Article 19.After Termination of Service

Upon termination of Service, Customer shall pay Service Provider for all Service rendered, up to the last day of Service. When Service is terminated, Service Provider may disable Customer’s User ID, halt logging into Service by Customer and delete all remaining Customer’s data stored on Service, if any. Customer shall, on its cost and responsibility, back up or move Customer’s data to Costumer’s own storage before the termination date of Service.

Article 20.Miscellaneous

Governing Law. If Service Provider is located in Japan, T&C shall be governed and interpreted in accordance with the laws of Japan. Any dispute arising out of or in connection with T&C shall be subject to the first and exclusive jurisdiction of Tokyo District Court. If Service Provider is located outside of Japan, T&C shall be governed and interpreted in accordance with the laws of the country, state or province in which such Service Provider is located. Any dispute arising out of or in connection with T&C shall be subject to the first and exclusive jurisdiction of the court having jurisdiction over the location of the head office of Service Provider.
Privacy. Regarding the collection, use and management of personal information provided by customers, the service provider and FUJIFILM Business Innovation will comply with the applicable laws and regulations on the protection of personal information, and the privacy policy separately provided to customers.
No Assignment. Customer shall not assign or otherwise transfer the whole or a part of Customer’s rights and obligations under T&C, without Service Provider’s prior written consent. Service Provider or FUJIFILM Business Innovation may assign its rights under T&C to any of its affiliate company without obtaining the Customer’s prior written consent so long as such affiliate company agrees to comply with T&C.
Export Control. Use of Service, including, transferring, posting, or uploading data, software or other content via Service, may be subject to the laws and regulations for export control of the country in which Customer is located and other countries. Customer agrees to comply with all applicable laws and regulations related to export control.
No Waiver. No waiver of the whole or a part of Service Provider’s rights and titles herein shall be effective and binding unless such waiver is executed in writing by Service Provider against Customer. No waiver by Service Provider of any right and title hereunder shall be deemed to be a waiver of the same right and title on any other occasion.
Severability. If any part of T&C is held invalid, voidable, illegal or unenforceable, such part shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intention of the parties hereof, and the remaining parts shall remain in full force and effect.
Entire Agreement. T&C constitutes the entire agreement between Customer and Service Provider, governs Customer’s use of Service and completely replaces any prior agreements between Customer and Service Provider in relation to Service.
Survival of Terms. Any clauses hereof which by their nature are supposed to survive the termination or expiration of T&C should be so interpreted.

Additional Terms for ApeosPlus Cards R (“Additional Terms”)

THESE Additional Terms constitute part of agreement between Customer and Service Provider regarding ApeosPlus Cards R.

Except as otherwise provided in Additional Terms, the capitalized terms used in Additional Terms shall have the same meaning as ones defined as set forth in T&C.

Article 21. Definitions

The capitalized terms herein are defined as follows:

"Multifunction Device" herein means a multifunction device manufactured by FUJIFILM Business Innovation.
"Customer Administrator" herein means a person designated by Customer as the person to communicate with Service Provider regarding the use of Service.

Article 22. Application of T&C

Service is provided for customers who are located or reside in Asia Pacific/Oceania region, including Japan. Service Provider is not responsible for providing Service to those who are located or reside outside of the region.

Article 23. Contents of Service

Service Provider provides a business card management application on the internet. Business card images and information accompanying business cards can be registered and managed on the application.
Service provides functions to register and manage business cards using the following equipment, etc.:
1. Web browsers
2. Mobile devices (excluding some devices)
3. Multifunction Devices (excluding some devices)
Service Provider receives inquiries by email through contact methods specified by Service Provider. Inquiries from Customer shall be limited to those within the scope of ApeosPlus Cards R service. Inquiries in relation to other functions or services of Multifunction Devices or software, etc. or in relation to products that are not manufactured by Service Provider are not accepted.
Service Provider provides the service set forth in the preceding clause to Customer during the following hours.
1. Inquiries by email:

24 hours a day, 365 days a year. However, when the emails are received outside of the business hours, responses are made on the next business day or later.

Article 24. Compensation of the Damage

Service Provider shall be liable to Customer solely for direct damages to the maximum extent of the sum of Customer payment to Service Provider for the ApeosPlus Cards R service for the past six (6) months just before such damage occurred, regardless of default of Service Provider's obligation, torts and/or any other reason.
Section 1 of this Article shall not apply to Customer damage due to Service Provider's willful act or negligence or acts of omission.

Article 25. Conditions for Service Provision

Only Customer Administrator may contact Service Provider for inquiries from Customer.
Users are specified by Customer Administrator. When Customer specifies a third party, who is not a worker engaged in labor under the directions and orders of Customer, as User, Customer shall impose on such third party the same obligations as provided herein and shall be liable to Service Provider for its performance of obligations.
When Customer would like to switch to a plan with a smaller maximum number of users in the organization or a plan with a smaller maximum number of business cards to be registered, Customer shall reduce the actual number of users or registered business cards to the desired maximum number or less before the change of plan is agreed upon. Until then, Service Provider may not agree to such changes.
Regarding text extraction and image digitization of business cards, Service Provider does not guarantee the processing speed, items to be processed, processing quality, or supported languages.
In the event that Customer uses Service on their Multifunction Devices, the dedicated module for Service shall be installed on the Multifunction Devices.
The types and versions of the equipment provided in Article 23(2) of T&C, used by Service shall be limited to those specified in the official website of Service Provider.
Notwithstanding Article 9(8), in the case of (a), (b) and (c) set forth in the said provision Service Provider may revise Service Fees by giving notice to Customer at least thirty (30) days prior to the date of revision.
Notwithstanding the provisions of Article 18 of T&C, Either Party may terminate Service by giving thirty (30) days prior notice to the other party.
Customer shall, at its responsibility, retrieve Customer’s data upon the termination of Service and Service Provider shall not ne responsible for return of Customer’s data.
The conditions and environment for Service provision that are not set forth in this Article of T&C are specified in the official website of Service Provider. However, these conditions and environment are subject to change to a reasonable extent without notice.

Article 26. User data

Service Provider shall not access data (including personal information, hereinafter defined “User Data”) which Customer transmits to process Service or creates by using Service, except for the following purposes:
1. to prevent or resolve errors and trouble occurred in Service, or improve quality of Service;
2. to resolve the issue or provide services which Customer requests Service Provider under Article 23(3).
Service Provider shall treat Customer’s personal information in User Data in compliance with its privacy policy set forth in Article 20 (2).