Terms of Service

Article 1 (Introduction)

  1. These Terms of Use set forth the terms and conditions for using the server monitoring service Mackerel (hereinafter referred to as the "Services") provided by Hatena Co., Ltd (hereinafter referred to as the "Company"). All users (as defined in Article 2) shall use the Services in accordance with these Terms of Use.
  2. The guidelines, help pages, FAQs, and other content pertaining to the Service posted on Service web sites (refers to https://mackerel.io/, https://ja.mackerel.io/, https://en.mackerel.io/, and https://support.mackerel.io/, and collectively referred to as "Web Site") constitute a part of these Terms.
  3. The functionality, specifications, and usage fees for and of the Service shall conform to the details separately determined by the Company on the Web Site in addition to these Terms.
  4. The contents of the Service may be subject to change, addition, or deletion in the future without prior notice.
  5. With respect to the applications, etc. that the Company provides to promote the use of the Services, the terms of use of each application shall apply in conjunction with these Terms of Use.
  6. If the provisions of the Guidelines, help pages, FAQs, or other contents differ from these Terms, these Terms shall prevail.

Article 2 (Registration)

  1. Parties seeking to use the Service ("Prospective User” or "Prospective Users") can file with the Company for use of the Service by consenting to these Terms and providing to the Company the information it stipulates (“Registration Information”), doing so by methods the Company indicates.
  2. Applications to use the Service shall be made by individuals or corporations who intend to use the Service themselves. In addition, Prospective Users make warranty that they have the authority to conclude the Service Agreement on behalf of the collective Prospective Users under their purview when applying.
  3. Where any of the following items apply, the Company may, at its discretion, refuse the application for use by the Prospective User or restrict the use of part or all of the Service by the User in question, or terminate the User's registration and refuse any subsequent use of the Service. In addition, the Company shall not be liable for any damages incurred by Prospective Users, users, or third parties as a result of these.
    1. If there is any falsehood in the registration information.
    2. Where the contents of the registration have changed after the initial user registration, but the User does not update the registration information.
    3. Where the User breaches these Terms of Use.
    4. Where the User fails to use the Services for a certain period of time notwithstanding that it has been registered as a User.
    5. Where the User accesses the Services beyond the scope of general use.
    6. Where the User places overloads the system.
    7. Where the User conducts any act equivalent to unauthorized access or cracking.
    8. Where a Prospective User or user is deemed by the Company to be an antisocial force (a criminal organization, member of criminal organization, or a company or organization affiliated with a criminal organization, or equivalent groups or individuals), or deemed to provide funds or benefits to, or collaborate with or contribute to, antisocial forces.
    9. Where the User engages in any other act which is determined to be inappropriate by the Company.
  4. In accordance with the preceding clause and other standards of the Company, if the Company approves registration, the Company shall notify the Prospective User to that effect, and user registration shall be deemed complete as of that notice. Parties who have completed this user registration process are referred to herein as "users."
  5. Upon completion of user registration pursuant to the preceding clause, an agreement ("Agreement") containing the details of these Terms is concluded between the Company and the User. The User can then use the Service in accordance with these Terms.
  6. Minors must obtain the consent of a parent or legal guardian to register, and upon a minor's completion of user registration, the corresponding parent or legal guardian is deemed to have consented to these Terms and the Privacy Policy.

Article 3 (ID and password management)

  1. When registering, the Prospective User or user shall configure an email address and password at which communication can be received at all times.
  2. Users shall manage and store their registered email addresses and passwords at their own risk and discretion, and shall not lend, share, assign, sell, or otherwise provide them to third parties, or allow third parties to use them, such as by changing the name associated with ownership.
  3. The Company shall deem any act performed using an email address and password to be performed by the User who registered with that email address.
  4. The email address and other information used for user registration must be accurate and lawful.
  5. Where a user discovers that their email address or password has been leaked or used by a third party, or that there is the risk of the same occurring or having occurred, the User shall immediately contact the Company and follow its instructions. In addition, the Company waives all liability for any loss or damage caused by unauthorized login due to the actions of a user, and shall not be liable for indemnification.
  6. Where the Company deems it necessary, it may terminate the account of a specific user and prohibit use of the Service.

Article 4 (Use of personal information and user data)

  1. The Company shall acquire from the User the minimum information required for the provision of the Services. The Company shall pay utmost care to the protection of information acquired from the User.
  2. Users consent that use of their personal information (refers to personal information as defined in Article 2, Clause 1 of the Act on the Protection of Personal Information) by the Company shall conform to the Company's Privacy Policy. Users consent to the Company's use of their personal information per said policy.
  3. Users retain all rights to information posted on the Service, data obtained as a result of using the Service, and content configured for use of the Service (collectively, "User Data").
  4. Users grant the Company the right to use User Data as necessary for support on and for the Service and the provision of the Service itself.
  5. The Company reserves the right to use or publish, at its sole discretion and in an anonymized and statistical format, information and data provided by users to the Company. Users shall raise no objection to the above.

Article 5 (User's responsibility)

  1. The User is required to access the Internet in order to use the Services, and is required, at his/her own responsibility and expense, to prepare, install and operate any and all equipment, software, communication tools necessary therefor in an appropriate manner. The Company shall not be involved in the Internet access environment of the User, and shall not be responsible for the preparation and operation therefor.
  2. If the Company needs to contact the User, it shall do so by means of sending an email to the User's registered email address. The User shall properly update his/her information in respect to his/her registered email address so that he/she can receive emails from the Company. The User must promptly change the registered email address in an appropriate manner if he/she can no longer receive emails by such email address for any reason. The User shall be responsible for any detriment suffered by him/her resulting from the failure to receive emails from the Company, and the Company shall not be liable therefor.
  3. In the event that the User infringes the rights of the others as a result of the use of the Services, or there appears any person who claims to have suffered inconvenience as a result of the use of the Services, such User shall, at his/her own responsibility and expense, settle the issue and the Company shall not be liable therefor.
  4. The Users shall defend, indemnify and hold the Company, affiliates of the Company, and licensors (if applicable), and their respective employees, officers, directors and representatives harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) the use of the Services (including any and all activities made under the User's account as well as the use by the employees of the User and any other personnel, (b) the breach of these Terms of Use or any applicable laws by the User, (c) the use of the Services together with other applications, contents or processes, or (d) any third party's claims in relation to disputes arising from the infringement of the rights of other parties by the User using the Services or claims by any person who alleges to have suffered inconvenience as a result of the use of the Services.

Article 6 (Prohibitions)

  1. In connection with the use of the Services, the User may not, whether intentionally or by negligence, conduct any act which falls or may fall under any one of the following items, regardless of the form of the act involved.
    1. Any act which infringes the rights of a third party.
    2. Any act which infringes the privacy of others.
    3. Any fraudulent act.
    4. Any act to establish a Ponzi scheme (pyramid scheme) or solicit and/or operate the same.
    5. Any act in violation of the Act on the Prevention of Unauthorized Computer Access, any act defined in the Obstruction of Business by Damaging a Computer (Penal Code Article 234-2), and illegal access and manipulation of data in computers owned by the Company and others; and.
    6. Any other criminal acts or acts in violation of laws and regulations.
  2. In connection with the use of the Services, the User shall not engage in any of the inappropriate acts as described below.
    1. Disturbing the peace, harassing, slandering, libel, or forcing psychological harm or economic harm onto a third party.
    2. Promoting organized criminal activity or profiting organized crime in any way through use of the Services.
    3. Continuing the use of the Services without reasonable grounds even though he or she has been warned and cautioned by the Company for acts which are inappropriate under general social convention or which may trouble a third party.
    4. Diverting, selling, re-selling, or transferring the Services or accounts maintained with the Company without the approval of the Company.
    5. Any act of reverse engineering to analyze the Service, including but not limited to decompiling or disassembling.
    6. Using the Services other than for the purpose of the use of the Services.
  3. In addition to the acts set forth in each of the items above, the User shall not engage in acts which are determined to be inappropriate by the Company.
  4. If the Company determines that a user is engaging in or has engaged in an act that falls under the prohibited acts stipulated in each of the above clauses, the Company reserves the right to suspend all or part of the provision of the Service to that user, or terminate the Agreement with the User. In addition, the Company reserves the right to seek indemnification against users for any damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) it incurs due to such actions.

Article 7 (Charges)

  1. The fees and charges for the use of the Services shall be separately set forth by the Company.
  2. The User shall pay the Company or sales partner for expenses incurred by the Company in relation to use of the Service. The method of payment shall be separately set forth by the Company or Sales partner.
  3. The Company shall not be liable for any and all damages incurred by the User or a third party due to reasons that the Company is unable to confirm payments made by the User including cases where the User has made a payment in a manner other than those set forth by the Company or sales partner.
  4. Where a user does not pay outstanding obligations to the Company or the sales partner in connection with these Terms and the Service by the deadline specified by the Company or the sales partner, the User shall be subject to, as late fees, additional interest of 14.6% per annum from the day after the payment due date until the date payment is made, or the amount indicated by the sales partner.
  5. The Company or sales partner may revise the charges of the Services without giving prior notice to the Users and the User shall agree therewith.
  6. Under no circumstances should charges paid by the User to the Company or sales partner in relation to the Services be returned to the User for any reason whatsoever.

Article 8 (Filing for and conclusion of paid plans)

  1. Users may, by filing in the manner prescribed by the Company, request commencement of a paid plan for the Service, or the termination of all or part of a paid plan for the Service.
  2. In addition to the provisions of Article 2, the Company shall notify users when approving a filing per its internal standards. Procedures for the commencement or termination of a paid plan are completed effective the time of said notice.
  3. If all or part of a paid plan is terminated, the terms governing the paid plan shall be in accordance with the following items, in addition to terms separately stipulated by the Company.
    1. Paid plans remain in effect until the last day of the month ("Terminating Month") in which termination procedures were performed.
    2. The usage results for the Terminating Month are aggregated on the last day of that month, with this amount being incorporated in the final usage fees charged. Effective the first day of the month following the Terminating Month, the Agreement persists and rolls over to the Free plan for the Service.

Article 9 (Temporary suspension of service)

  1. Where any of the below apply, the Company reserves the right to suspend, whether in whole or in part and without prior notice, provision of the service to users. In addition, the Company waives all liability for any disadvantage or damage incurred by users or third parties as a result of these measures.
    1. Due to reasons such as failure, management, inspection, repairs and maintenance of the facilities and systems used for providing the Services or otherwise used by the Company.
    2. Where the Services cannot be provided due to fire, power outage, etc.
    3. Where the Services cannot be provided due to natural disasters such as earthquakes, volcano eruptions, floods, tsunamis, typhoons, heavy snow, etc.
    4. Where the Services cannot be provided due to reasons such as war, turmoil, riot, terrorism, labor disputes, imposition of administrative measures, etc.
    5. Other such events, in addition to the above, as a result of which the Company determines the temporary suspension of the Services necessary due to operational or technical reasons.

Article 10 (Damages)

  1. In the event that a user incurs damages for reasons attributable to the Company in connection with the Service or these Terms, excluding where the Company acted willfully or in gross negligence, the Company shall not be liable for special damages (whether or not the circumstances could have been foreseen), indirect damages, consequential damages, or lost profits. Even where, owing to damages being incurred by a user in connection with the Service or these Terms and for causes attributable to the Company, the Company is liable to indemnify the User, excluding where the Company acted willfully or in gross negligence, the amount of damages shall not exceed one month of usage fees for the Service, irrespective the grounds for or nature of the claim.

Article 11 (Disclaimer)

  1. The Company shall not be liable to compensate for the damages set forth in each of the following items irrespective of the cause of the claim.
    1. The Company shall exert its utmost efforts to make the Services useful to all Users. The Company shall not be liable for any and all damages incurred by the User or a third party resulting from or due to defects, partial deletion, changes and termination of the contents of the Services.
    2. The Company shall not be liable for any and all damages arising from the disputes between any User and other Users or any third party as a result of the use of the Services by the User.
    3. The Company may suspend the use of the services or cancel the User's registration where the User commits any act which is in violation of or likely to be in violation of these Terms of Use. In addition, the Company may disclose the information of Users or notify the police where the User commits infringement of rights or illegal acts against a third party. In such cases, the User may not make any objection to the measures taken by the Company, and the Company shall not be liable for any and all damages incurred by the User.
    4. The Company may suspend the use of the Services and delete the data of the User who has not been using the Services for a certain period of time. In such cases, the User may not make any objection to the measures taken by the Company, and the Company shall not be liable for any and all damages incurred by the User.
    5. The Company shall not be liable for any and all damages incurred by the User caused by the Services being infected with computer viruses.
    6. The Company shall not be liable for any and all damages incurred by the User due to unauthorized access to or attacks on the facilities of the Company which are used for the provision of the Services, or interception of communication which could not be prevented with the care of a good manager.
    7. The Company shall not be liable for any and all damages incurred by the User due to any software and database which is not manufactured by the Company being used by the Company to establish the facilities necessary for the Company's provision of the Services.
    8. The Company shall not be liable for any and all damages incurred by the User due to any hardware which is not manufactured by the Company being used by the Company to establish the facilities necessary for the Company's provision of the Services.
    9. In addition to above, the Company shall not be liable for any and all damages incurred by the User due to reasons not attributable to the Company.

Article 12 (No warranty)

  1. With regard to the Services, the Company disclaims any and all representations and warranties of any kind, whether express, implied, statutory or otherwise, including without limitation, (i) warranties of the fitness for a particular purpose, (ii) warranties that the Services are free from defect, (iii) warranties that the Services will be provided on a continuous basis or does not contain any detrimental elements, or (iv) warranties that any and all information including those acquired from the User is safe and is not lost or damaged.
  2. Excluding where express representation is made elsewhere by the Company, it bears no explicit or implicit obligation to make backups of registration information, user content, or other information or data provided by users. Users are solely responsible for backing up all information or data they require.
  3. The Company assumes no responsibility whatsoever for the management of services, information, and personal information provided by third parties that are providers of external services linked to the Service.

Article 13 (Intellectual property rights)

  1. Any and all contents of this Website and the Services (including but not limited to designs, texts, software, configurations, graphics, and other files) are the properties of the Company, and all rights relating thereto are reserved by the Company and cannot be duplicated.
  2. Mackerel and logos of Mackerel include but are not limited to either the trademarks, service marks or registered trademarks of the Company, and shall not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.
  3. Users may use the Service in accordance with these Terms during the validity period of the Agreement. The Company grants the User a non-exclusive, non-transferable, and non-sublicensable right to use the Service within the scope of these Terms.
  4. The Company may have patents, applications for patents, trademarks, copyrights, or any other intellectual property rights in relation to objects which are part of the Services. Unless the Company licenses the intellectual properties to the User under these Terms of Use, the provision of the Services by the Company to the User does not in any way mean that it has licensed the intellectual properties of the Company to the User. All rights not expressly granted to the User under these Terms of Use are reserved by the Company.

Article 14 (Property rights of company)

  1. Except for the rights expressly granted for the use of the Services between the Company and the User, the Company owns and reserves any and all rights, titles, and interests (including any and all intellectual property rights thereto) of the Services and in relation to any and all hardware, software and other items used for the provision of the Services. Pursuant to these Terms of Use, under no circumstances should the titles of the property rights or ownership rights in relation to the Services be transferred to the User. Where the User gives any comments, proposals, and recommendations (hereinafter collectively referred to as the "Feedbacks") in relation to the Services (including but not limited to amendments, improvements, modifications or other changes of the Services) to the Company, the User shall be deemed to have granted to the Company, without charge, an irrevocable and unlimited term of license in respect of Feedbacks on a worldwide basis so that the Company may use and incorporate any Feedbacks in relation to the Services pursuant to these Terms of Use.

Article 15 (Validity period and changes to these terms)

  1. Per the terms of Article 2, the Agreement shall remain in effect from the date of completion of user registration until the date on which the Agreement is terminated by the User or Company.
  2. Users reserve the right to terminate their user account at any time by notifying the Company by the methods it specifies. The Agreement is deemed terminated effective deletion of the User account in question. In addition, in the event that the User owes outstanding payment of fees for the Service to the Company upon termination, the Agreement shall continue until such obligations are fulfilled.
  3. The Company reserves the right to make changes to these Terms in the cases below.
    1. Where the changes to the Terms are in the general interest of users.
    2. Where the changes to the Terms do not contradict the purpose of the Agreement and are deemed reasonable in terms of the necessity for the change, the suitability of the content after the change, and the nature of the changed provisions as concern changes to the Service or other circumstances.
  4. In the case of the preceding clause, the Company shall post the contents of the updated Terms and their date of effectivity on the Web Site or Service, or notify users by a means the Company stipulates, by no later than 7 days prior to when the updated Terms would go into effect. However, changes to accommodate new functionality for the Service and changes based on legal grounds shall be effective immediately. If the User does not terminate the Agreement by the date on which the new provisions go into effect, subsequent access to or use of the Web Site or Service shall constitute the User's having consented to the changes.
  5. Notwithstanding the provisions of the preceding clause, the Company shall notify users 30 days prior to the effective date of the revised Terms where the revisions concern changes to Service usage fees.

Article 16 (Assignment of position under agreement)

  1. Users shall not assign, transfer, pledge, or otherwise dispose of their position, rights, or obligations under the Agreement to third parties without the prior written consent of the Company.
  2. In the event that the Company assigns the business pertaining to the Service to a third party (irrespective the method or form), it reserves the right to transfer or assign its position per the Terms and rights and obligations under the Agreement, and client data and information pertaining to users. By consenting to the Agreement, users shall be deemed to have consented to the above.

Article 17 (Confidentiality)

  1. Information disclosed by the other party in connection with the Service or these Terms that is expressly requested to be treated confidentially at the time of disclosure ("Confidential Information"), shall be treated as confidential and shall not be disclosed to a third party unless consented to in advance by the disclosing party. In addition, the party receiving the Confidential Information ("Recipient") shall use the Confidential Information only for the purpose of using and providing the Service.
  2. Notwithstanding the provisions of the preceding clause, information that falls under any of the following items shall not be deemed Confidential Information.
    1. Information that was publicly known at the time of disclosure.
    2. Information that, after its disclosure, became public for reasons not imputable to the recipient.
    3. Information already retained by the recipient at the time of disclosure.
    4. Information lawfully obtained by the recipient from a third party with a legitimate claim to said information.
    5. Information developed independently by the recipient without use of Confidential Information.
  3. Notwithstanding the provisions of Clause 1, the Recipient reserves the right to disclose Confidential Information where doing so in accordance with applicable laws and regulations or by order of public institutions, and when disclosing to officers and employees of the Recipient, contractors of the Service, and lawyers, tax accountants, and other specialists in the employ of the Recipient.

Article 18 (Suspension of use and termination of agreement)

  1. Where the Company determines that any of the below apply to a user, the Company reserves the right to temporarily suspend or restrict the User's use of the Service, or terminate the Agreement, without prior notice or warning.
    1. Violation of any of the provisions of these Terms.
    2. Where any of the grounds for refusal of registration enumerated in Article 2, Clause 3 apply.
    3. Where failing to pay Service usage fees or other amounts stipulated in the Agreement by the deadline, and the delay in payment is not resolved within 7 days of being notified by the Company.
    4. Where fraudulent payment related to the Service is found.
    5. Where insolvent or in arrears, or where subject to a filing for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or equivalent.
    6. Where subject to an injunction, provisional injunction, compulsory execution, or disposition at auction.
    7. Where in arrears on public taxes.
    8. Where an individual user dies.
    9. Where the Company determines that circumstances equivalent to any of the above items have occurred.
  2. Where any of the preceding items apply to a User, the User forfeits all benefit of time in paying outstanding liabilities and shall immediately pay them in full to the Company.
  3. Users reserve the right to terminate their user account at any time by notifying the Company by the methods it specifies.
  4. The Company waives all liability for damages sustained by users in connection with measures taken by the Company per the terms of this article.

Article 19 (Severability)

  1. Even where an article or clause, or a part thereof, of these Terms is rendered invalid or unenforceable by law or otherwise, the remaining provisions of these Terms, or the remaining parts of the article or clause, shall persist fully in effect. As parties to these Terms, the Company and users shall revise these Terms to the extent necessary to make the affected article, clause, or section enforceable and endeavor to achieve, through said revision, the same legal and economic effects and implications of the original provisions.

Article 20 (Governing law and jurisdiction / language)

  1. These Terms of Use shall be governed by the laws of Japan, and all the disputes in relation thereto shall be submitted to the exclusive agreed jurisdiction of the Tokyo District Court.
  2. The original text of these Terms of Use are in Japanese. Translations in other languages are provided solely for the convenience of the User and only Japanese version shall be legally binding between the User and the Company.

Records

  • Established on May 8, 2014
  • Amended on July, 2014
  • Amended on May 26, 2015
  • Amended on Oct 2, 2017
  • Amended on May 23, 2018
  • Amended on Jan 15, 2019
  • Amended on April 1, 2022