Terms of Service

1 Effect of Terms of Service
These Terms of services (“Terms of Services”) apply to the use of the software “TELESCOPE” (“Software”) and the TELESCOPE service suite (“Services”) utilizing the Software provided by Communication Business Avenue, Inc. (“CBA” or “we”). You are considered to have agreed to these Terms and Service by downloading and using the Software.

  • 1.1 Any rule posted by us regarding the use of the Software on our website (“Rules”) will constitute as a part of these Terms of Service.
  • 1.2 If any term or condition of these Terms of Service is different from Rules, or manuals or other documents provided for the Software other than these Terms of Service, the provisions of these Terms of Service will prevail.

2 Revision of Terms of Service
We may revise these Terms of Service without your consent. The revised Terms of Service will be effective as of the date determined by CBA.

3 Definitions
For purposes of these Terms of Service, each of the following terms will have the meaning assigned to it:

Term Meaning
Software A solution for recording images and audio of a User's personal computer (“PC”) is called “TELESCOPE.” The Software has the ability to upload recorded files to a TELESCOPE recording management storage or server (“Server”). This function only works when the PC is connected to the Internet.
Server Storage or server to manage the recorded files and data uploaded from the Software.
Web Application Web application to download the Software, also views and manages recordings and data uploaded from the Software.
User/You Any person who uses the Service by downloading the Software from the Web Application or by viewing and managing recordings from the Web Application.
Intellectual Property Rights Copyrights, patent rights, utility model rights, design rights, trademark rights and other intellectual property rights (including the rights to obtain such rights and rights to apply for registration of and follow other procedures for such rights).

4 Registration

  • 4.1 Any person who desires to register shall agree to the Terms of Service and apply for registration in the manner designated by us. The registration will be completed when we approve the application.
  • 4.2 We will notify the registration applicant the URL to access the Web Application if we accept the application for registration.
  • 4.3 We may reject the registration of the applicant, and in no event will we be obligated to disclose the reasons for the rejection if:
      • (a) any false information is reported at the time of application for the registration;
      • (b) the application is from a person who has violated these Terms of Service;
      • (c) any other cases in which we deem the registration of use to be inappropriate.

5 Fees and Payment Method

  • 5.1 In consideration of the Services, you shall pay the usage fee separately determined by us and notified to you by the method designated by us.
  • 5.2 CBA will take measures such as suspending the use of the Service or disqualifying you if you delay the payment.

6 No Assignment

You will not assign or provide as security all or a portion of its rights to the Software and obligations under these Terms of Service to a third party.

7 Prohibitions

  • 7.1 We prohibit the following acts in using the Service. We may restrict or suspend the use of all or part of the Service if you fall under any of the following:
      • (a) act of violating the laws and regulations, public order, and morals;
      • (b) act which is related to any criminal act;
      • (c) act that infringes on the copyrights or Intellectual Property Rights of the Service;
      • (d) any actions that destroy or interfere with the functionality of the server or network of CBA, other users, or any other third parties;
      • (e) act which is likely to interfere with the operation of our services;
      • (f) act of unauthorized access or attempt to gain such access to CBA’s network, systems, or other telecommunications equipment;
      • (g) act of using the Service for any unreasonable purpose;
      • (h) act of impersonating another user;
      • (i) act of providing benefits directly or indirectly to antisocial forces;
      • (j) any other act that is considered inappropriate by us.

8 Procedures for Handling User Information

  • 8.1 We will handle your user information in accordance with the provisions separately specified in our privacy policy (https://cba-japan.com/privacy-policy/). You agree to the handling of your user information by us in accordance with such privacy policy.
  • 8.2 We reserve the right to use and disclose information, data and other materials provided by you in a personally unidentifiable form as statistical information at our own discretion. You agree not to raise any objection to such use or disclosure.
  • 8.3 For the protection of user information, the Service operates and works as follows:
      • (a) Recorded images and audio on the PC are processed by your PC, the Server, and the Web application. We will not access any recorded data on the Server or the Web Application without your permission.
      • (b) The Service does not use any personal information. You only register your e-mail address and username.
      • (c) Your username or device name will be transferred from your PC to the Server or the Web Application.
      • (d) Authentication information is encrypted.
  • 8.4 The Software constantly records the desktop screen. When using a video conferencing system such as Zoom or Teams, images and audio of all participants will also be recorded. If you use the video conferencing system while recording with the Software, you shall be responsible for obtaining the participant’s consent to the recording. Any communication or dispute with such participant shall be resolved by your own responsibility.

9 Suspension of Use

You may suspend the use of the Service by following the procedure for suspension of use as determined by us.

10 Communication and Notification

  • 10.1 All communications between you and us (examples include, but not limited to, your inquiries or notification to us regarding the Service, and our notification to you regarding any revision of these Terms of Service and any other communication with you relates to the Service) take the method determined by us.
  • 10.2 At the time when we communicate with or notify you by using the email address or other contact details included in the registration information, you will be deemed to have received such communication or notification.

11 Damages

  • 11.1 We reserve the right to claim against you for any damage incurred by us that arises due to your use of the Service (including reasonable attorney’s fees).
  • 11.2 We reserve the right to require you to reimburse us for any compensation for damage caused to any third party by your use of the Service or other cost and expense paid by us to such third party.

12 Limitation of Liability

  • 12.1 We do not warrant that the use of the Service will save you from damage caused by any computer virus or other malicious program.
  • 12.2 We will provide the Service on an “as is” basis without warranty of any kind. We will disclaim any and all explicit or implicit warranties including quality, merchantability, legality, fitness for a particular purpose or non-infringement of rights by any third party.
  • 12.3 We will not compensate or be responsible or liable for any damage incurred by you or any third party that arises due to your use of the Service regardless of the reasons therefor (including, but not limited to, malfunction or failure of equipment necessary for the use of the Service, unauthorized intrusion by any third party, attacks against security holes, commercial disputes and loss of, damage to or leak of electronic data) unless otherwise expressly specified in these Terms of Service or such damage is attributable to our unlawful act.
  • 12.4 We will not be responsible or liable for any unauthorized access to or change, deletion, destruction or loss of your PC or other stored data.
  • 12.5 You will, at your own risk and at your own cost and expense, pay attorney’s fees and otherwise resolve any and all disputes between you and any third party including lawsuits, complaints, claims and other issues arising out of or in connection with the Service.
  • 12.6 Our liability for any damage incurred by you due to the use of the Service will be limited to direct and general damage unless such damage is caused by our willful misconduct or gross negligence.

13 Intellectual Property Rights

The ownership of any and all Intellectual Property Rights in or to the Service as well as data,

documents and other materials relating to the Service will belong to us, CBA and any person who grants us licenses. We will not grant you any right other than the right to use the Service in accordance with these Terms of Service.

14 Waiver

No failure of CBA to enforce any provision of these Terms of Service will constitute a waiver of such provision or our right to enforce such provision.

15 Severability

Even if any provision of these Terms of Service or any part thereof is held to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations of Japan, the reminder of provision of these Terms of Service will not be affected, and each provision of these Terms of Service will be valid and enforced to the fullest extent permitted by law.

16 Governing Law and Jurisdiction

These Terms of Service will be governed by the laws of Japan. You and CBA agree that the Tokyo District Court of Japan will have exclusive jurisdiction over any and all disputes arising out of or in connection with these Terms of Service for the first instance.