Terms of Use
To use Enterprise Cloud WebRTC Platform Community Edition (“ECLWebRTC”), you must agree to these terms of use.
Section 1. General Provisions
(Purpose of these Terms)
Article 1
NTT DOCOMO BUSINESS, Inc. Corporation (“Our company”) have established these terms of use for ECLWebRTC (these “Terms”), under which Our company shall provide the ECLWebRTC services described in Article 4 (the “Services”) to Customer defined in Paragraph 2 without charge.
The customer of the Services (“Customer”) shall comply with these Terms in good faith.
The customer of the Services (“Customer”) shall comply with these Terms in good faith.
(Revision to these Terms)
Article 2
Our company may revise these Terms as necessary. In such cases, the provision of the Services shall be governed by the revised Terms.
(Publication of these Terms)
Article 3
Our company shall publish these Terms on its website(https://webrtc.ecl.ntt.com) or otherwise in the manner designated by Our company.
(Definition)
Article 4
For the purpose of these Terms, the following words shall have the following meanings:
| Term | Definition |
|---|---|
| Services | services provided by Our company that enable Customer to easily use WebRTC by offering functions such as signaling servers and session management. |
| API Key | an identifier provided by Our company to Customer when providing the Services |
Section 2. Agreement
(Subscription Unit)
Article 5
Our company shall enter into one agreement for the Services for each account.
(Subscription for the Services)
Article 6
When subscribing for the Services, Customer shall do so in the manner designated by Our company.
When changing details of Customer’s subscription, Customer shall request such change in the manner designated by Our company, and Our company shall implement such change.
When changing details of Customer’s subscription, Customer shall request such change in the manner designated by Our company, and Our company shall implement such change.
(Acceptance of Subscription for the Services)
Article 7
Our company shall accept a subscription for the Services in the order of receipt.
2 Notwithstanding the provisions of the preceding paragraph, Our company may not accept a subscription for the Services if:
2 Notwithstanding the provisions of the preceding paragraph, Our company may not accept a subscription for the Services if:
- it is technically extremely difficult to provide the Services;
- a person who subscribes for the Services is or has been suspended from using the Services or his/her subscription for the Services has been terminated;
- a person who subscribes for the Services submits false information in relation to the subscription; or
- the Our company has other significant difficulties in performing its duties relating to the Services.
3 Upon acceptance of the subscription in accordance with Paragraph 1, Our company shall provide one API Key to Customer.
(Succession of Contractual Status)
Article 8
In the event of a succession of Customer’s contractual status relating to the Services as a result of inheritance or corporate merger or demerger, the heir or the Our company surviving the merger or established by the merger or the Our company established by the demerger shall notify Our company thereof in the manner designated by Our company.
In the case of the preceding paragraph, if there are two or more persons who succeed to Customer’s contractual status, one of them shall be designated as a representative to Our company and notify Our company thereof. The same applies if such representative is replaced.
Until receipt of notice of the representative pursuant to the preceding paragraph, Our company shall treat one of the persons who succeed Customer’s contractual status as a representative.
In the case of the preceding paragraph, if there are two or more persons who succeed to Customer’s contractual status, one of them shall be designated as a representative to Our company and notify Our company thereof. The same applies if such representative is replaced.
Until receipt of notice of the representative pursuant to the preceding paragraph, Our company shall treat one of the persons who succeed Customer’s contractual status as a representative.
(Notification of Change of Name or Other Information)
Article 9
In the case of a change of Customer’s name, trade name, address or location, Customer shall promptly notify Our company thereof.
Our company shall not be responsible in any way for any disadvantage suffered by Customer as a result of its failure to notify Our company of the change referred to in the preceding paragraph.
Our company shall not be responsible in any way for any disadvantage suffered by Customer as a result of its failure to notify Our company of the change referred to in the preceding paragraph.
(Obtaining Log Information)
Article 10
Customer agrees in advance that it will collect and process its communication log and other information relating to the Services, store and accumulate the information so collected/processed in the equipment necessary for the Services (the “Equipment”), and use the information so stored/accumulated.
(Assignment of the Right under the Agreement)
Article 11
Customer may not assign the right to use the Services (which means the right of Customer to receive the Services under the agreement for the Services; the same applies hereinafter).
(Termination by Customer of Subscription of the Services)
Article 12
Customer shall, when intending to terminate the agreement for the Services, notify Our company thereof in advance in the manner designated by Our company.
(Termination by Our company of Subscription of the Services)
Article 13
Our company may terminate the agreement for the Services in any of the following circumstances:
- Customer who is suspended from using the Services pursuant to Article 15 (Suspension of Use) still fails to remedy the relevant situation;
- Customer provides false information to Our company;
- it becomes extremely difficult to provide the Services to Customer as a result of compulsory measures under laws (including foreign laws; the same applies hereinafter); or
- Customer otherwise breaches any of these Terms.
Our company shall, when intending to terminate the agreement for the Services pursuant to the preceding paragraph, notify Customer thereof in advance; provided, however, that this shall not apply if there are urgent and compelling reasons.
Section 3. Suspension of Provision / Use
(Suspension of Provision)
Article 14
Our company may suspend the provision of the Services in any of the following circumstances:
- it is inevitable for maintenance and other works on Our company’s facilities;
- a natural disaster, accident or other emergency occurs or is likely to occur;
- the Services do not work correctly and it is extremely difficult to provide the Services on a continuous basis;
- it becomes extremely difficult to provide the Services as a result of compulsory measures under laws; or
- the provision of communications is ceased pursuant to Article 16 (Restrictions of the Provision).
2 Our company shall, when suspending the provision of the Services pursuant to the preceding paragraph, notify Customer thereof in advance; provided, however, that this shall not apply if there are urgent and compelling reasons.
(Suspension of Use)
Article 15
Our company may suspend Customer from using the Services without giving prior notice if Customer:
- fails to pay or Our company considers Customer is likely to fail to pay, any fee or other amounts due;
- breaches the provisions of Article 19 (Customer’s Obligations); or
- in addition to the preceding two paragraphs, engages in an act that breaches these Terms and causes or is likely to cause a significant hindrance to the performance of the Our company’s business relating to the Services.
2 Our company shall, when suspending Customer from using the Services pursuant to the preceding paragraph, notify Customer in advance of the reason therefor and date(s) and period for such suspension; provided, however, that this shall not apply if there are urgent and compelling reasons.
(Restriction of Use)
Article 16
If a natural disaster, accident or other emergency occurs or is likely to occur and Our company deems it necessary, Our company may cease the provision of communications relating to the Services to give priority to communications on matters that are necessary for disaster prevention or relief efforts, for securing of transportation, communications or electric power supply, or for the maintenance of public order and those that are to be performed urgently for the public interest.
Section 4. Compensation for Damage
(Indemnification)
Article 17
Our company shall not be liable for any loss or damage suffered by Customer, and Customer shall not make a claim for the damage against Our company.
The provisions of the preceding paragraph shall not apply to any loss or damage suffered by Customer as a result of willful misconduct or gross negligence of Our company.
Customer shall be responsible for resolving and hold harmless Our company against, any loss or damage caused by Customer to a third party as a result of the use of the Services.
Our company shall not be responsible in any way to Customer for any results caused as a result of the use of the Services whether such results are caused by failure or defect in the equipment necessary to provide the Services, unauthorized access by a third party, commercial business dispute, compulsory measures under laws or any other reason.
If it becomes necessary to implement modification or alteration of Customer’s own devices or equipment (the “Modifications” in this Article) as a result of amendment of these Terms, Our company shall not pay any costs required for such Modifications.
The provisions of the preceding paragraph shall not apply to any loss or damage suffered by Customer as a result of willful misconduct or gross negligence of Our company.
Customer shall be responsible for resolving and hold harmless Our company against, any loss or damage caused by Customer to a third party as a result of the use of the Services.
Our company shall not be responsible in any way to Customer for any results caused as a result of the use of the Services whether such results are caused by failure or defect in the equipment necessary to provide the Services, unauthorized access by a third party, commercial business dispute, compulsory measures under laws or any other reason.
If it becomes necessary to implement modification or alteration of Customer’s own devices or equipment (the “Modifications” in this Article) as a result of amendment of these Terms, Our company shall not pay any costs required for such Modifications.
Section 5. Miscellaneous
(Discontinuance of the Service)
Article 18
Our company may discontinue the Services in part or in whole without giving notice to Customer.
If the Services are discontinued in part or in whole pursuant to the preceding paragraph, the agreement relating to the Services so discontinued in part or in whole shall be terminated.
Our company shall not be liable in any way for any loss or damage suffered by Customer as a result of discontinuance of the Services in part or in whole.
Our company may assign to a third party its business relating to the Services in part or in whole without giving notice to Customer. In such case, Customer shall agree that Our company will assign rights regarding these Terms to a person to whom Our company assigns such business.
If the Services are discontinued in part or in whole pursuant to the preceding paragraph, the agreement relating to the Services so discontinued in part or in whole shall be terminated.
Our company shall not be liable in any way for any loss or damage suffered by Customer as a result of discontinuance of the Services in part or in whole.
Our company may assign to a third party its business relating to the Services in part or in whole without giving notice to Customer. In such case, Customer shall agree that Our company will assign rights regarding these Terms to a person to whom Our company assigns such business.
(Customer’s Obligations)
Article 19
Customer shall agree to comply with the following:
- Customer will not license or sublicense the Services to a third party or otherwise engage in an act that allows a third party to use the Services;
- Customer will not engage in an act that infringes copyright of other rights of Our company or a third party;
- Customer will not manipulate or delete the data of Our company or a third party that it can access using the Services;
- Customer will not use the Services, while pretending to be a third party;
- Customer will not develop any application for the Services using an API key other than the one issued under this agreement;
- Customer will not intentionally transmit or distribute malicious computer program(s);
- Customer will not engage in an act that causes a hindrance to the use or operation of Our company’s equipment through unauthorized access to such equipment;
- Customer will not collect personal information of a third party without consent of the third party or by fraudulent means;
- Customer is not a person who is prohibited from exporting or providing technology under the laws of Japan;
- Customer will not utilize the Services to develop, manufacture or use weapons of mass destruction or conventional weapons, including nuclear weapons defined in export-related laws of Japan;
- it will comply with export-related laws of Japan, and will not allow the Services (including technology used in the Services; the same applies in this item) or its services provided through the use of the Services to be utilized by any Our company, resident, citizen, denied person or denied Our company of embargoed countries or sanctioned countries without permission of the competent government authority;
- it will not engage in any other act that breaches laws, these Terms or public interest, hinders the operation of the services, damages the credibility of Our company or causes disadvantage to Our company or a third party; or
- it will not engage in any other act that is likely to fall under or is similar to any of the preceding items.
2 If Customer damages Our company’s equipment or other devices for the Services in breach of the preceding paragraph, Customer shall pay the expenses necessary for repair or other works by the date designated by Our company.
3 Our company shall not be liable in any way for any loss or damage suffered by Customer or other person as a result of breach of Customer’s obligations under this Article.
4 Customer shall be responsible for managing the API Key for the Services, and shall not disclose the content thereof to a third party without good reasons.
5 If Customer causes or Our company deems that Customer is likely to cause, a significant hindrance to the performance of the Our company’s business relating to the Services or Our company’s equipment in breach of the preceding paragraph, Our company may change or remove the API Key or take other necessary measures separately determined by Our company.
6 Our company shall, when taking necessary measures pursuant to the preceding paragraph, notify Customer in advance of the reason therefor and its intention to take other necessary measures; provided, however, that this shall not apply if there are urgent and compelling reasons.
3 Our company shall not be liable in any way for any loss or damage suffered by Customer or other person as a result of breach of Customer’s obligations under this Article.
4 Customer shall be responsible for managing the API Key for the Services, and shall not disclose the content thereof to a third party without good reasons.
5 If Customer causes or Our company deems that Customer is likely to cause, a significant hindrance to the performance of the Our company’s business relating to the Services or Our company’s equipment in breach of the preceding paragraph, Our company may change or remove the API Key or take other necessary measures separately determined by Our company.
6 Our company shall, when taking necessary measures pursuant to the preceding paragraph, notify Customer in advance of the reason therefor and its intention to take other necessary measures; provided, however, that this shall not apply if there are urgent and compelling reasons.
(Notice to Customer)
Article 20
Notice to Customer may, at the discretion of Our company, be given in any of the following manner.
- Notice shall be given by posting on Our company’s website. In such case, notice shall be deemed to have been given to Customer upon posting the same.
- Notice shall be given by sending an email to Customer’s email address provided to Our company by Customer when subscribing for the Services or thereafter. In such case, notice shall be deemed to have been given to Customer when it reaches the telecommunication equipment which manages Customer’s email address.
- Otherwise, notice shall be given in the manner that Our company deems appropriate. In such case, the notice shall be deemed to have been given to Customer at the time designated by Our company in such notice.
2 If written notice is required under these Terms or applicable laws, Customer shall agree in advance that Our company may give notice in accordance with each item of the preceding paragraph in lieu of written notice.
(Our company’s Intellectual Property Rights)
Article 21
Copyright (including rights specified in Articles 27 and 28 of the Copyright Act) and moral rights of an author (meaning rights specified in Articles 18 to 20 of the Copyright Act) to and in goods and materials lent or presented by Our company to Customer in relation to the provision of the Services (including these Terms, specifications for the Services and instruction manuals; the same applies in this Article) as well as any and all know-how and other intellectual property rights contained in those materials shall belong to Our company or person(s) designated by Our company.
2 Customer shall treat the goods and materials referred to in the preceding paragraph as follows:
2 Customer shall treat the goods and materials referred to in the preceding paragraph as follows:
- it shall not use them for purposes other than using the Services;
- it shall not reproduce, modify or edit them;
- it shall not lend, assign or provide as collateral them to a third party whether or not for profit; or
- it shall not remove or change copyright statement required by Our company or person(s) designated by Our company.
3 The provisions of this Article shall survive termination of the agreement for the Services.
(Handling of Personal Information)
Article 22
Handling of personal information about Customer obtained by Our company in providing the Services (“Personal Information” in this Article) shall be as separately determined by Our company.
2 If Customer makes a request for Personal Information held by Our company, Our company shall, in principle, provide access to such Personal Information.
3 If Customer makes a request pursuant to the preceding paragraph and is given access to Personal Information (including giving notice if the Our company has no such Personal Information), Customer shall be required to pay the charge separately determined by Our company.
2 If Customer makes a request for Personal Information held by Our company, Our company shall, in principle, provide access to such Personal Information.
3 If Customer makes a request pursuant to the preceding paragraph and is given access to Personal Information (including giving notice if the Our company has no such Personal Information), Customer shall be required to pay the charge separately determined by Our company.
(Court of Jurisdiction)
Article 23
The Tokyo District Court shall have exclusive jurisdiction in first instance over any dispute arising in connection with the Services between Customer and Our company.
(Governing Law)
Article 24
These Terms shall be governed by the laws of Japan.
(No Warranty)
Article 25
Our company shall not make any warranties of any kind as to the Services including the following:
- the content of the Services will satisfy Customer’s requirements or interest or be useful;
- the Services and any information and contents available/supplied in the Services (the “Supplied Information”) are complete, accurate, latest, useful, appropriate or reliable;
- the content of the Supplied Information is effective or safe to any Customer;
- any activity conducted by Customer using the Services will be fit for Customer’s particular purpose;
- the Services will be provided in a timely manner to Customer;
- there will be no defects in the Services;
- the Services will not be suspended, ceased or discontinued;
- there will be no failures or errors in the Services;
- the use of the Services will not affect any application or data in the device used; or
- the Services or software or other materials for the Services will not infringe third party rights.
2 Our company shall not warrant or be obliged to ensure that the Services can be used on any model of a device voluntarily used by Customer.
3 Our company shall not be liable in any way for any damage caused to Customer’s device(s) or data by or in relation to the use of the Services.
4 Our company’s security measures against any virus contained in a linked website or a transmission route including the provision of the Services or attack from the outside shall only be equivalent to those provided by other competitors at the relevant time.
3 Our company shall not be liable in any way for any damage caused to Customer’s device(s) or data by or in relation to the use of the Services.
4 Our company’s security measures against any virus contained in a linked website or a transmission route including the provision of the Services or attack from the outside shall only be equivalent to those provided by other competitors at the relevant time.
Supplemental Provisions
(Effective Date)
These terms shall take affect from December 5, 2013.
(Date of Revision)
These terms shall take affect from October 14, 2015.
(Date of Revision)
These revised terms shall take effect from September 7, 2017.