Terms of Service
These Terms of Service (the "Terms") set out the conditions for using Baitoworks (the "Service") provided by Tymosoft ("we", "us").
Article 1. Definitions
- "Customer": a company or sole proprietor that agrees to these Terms, applies to use the Service and is accepted by us.
- "Users": the Customer's administrators, staff and anyone else using the Service through the Customer's account.
- "Customer Data": information the Customer or Users enter into or send to the Service.
Article 2. Application
- These Terms apply to all dealings between us and the Customer regarding the Service.
- Where a separate agreement, order form or price list (an "Individual Agreement") differs from these Terms, the Individual Agreement prevails.
- The Customer is responsible for making sure its Users follow these Terms.
Article 3. Formation of the contract
The contract is formed when we accept the Customer's application. We may decline an application (for example, if the applicant is an anti-social force or has breached these Terms before) and are not obliged to give a reason.
Article 4. Accounts
- The Customer and Users are responsible for keeping their IDs and passwords safe and must not let others use them.
- If an account is used without permission, the Customer must tell us immediately.
Article 5. Fees and payment
- Free plan: free of charge with no time limit, for up to 100 staff.
- Paid plans: a monthly fee per staff member, as set out in the price list or Individual Agreement (prices exclude tax).
- Payment method and due dates follow the Individual Agreement. Fees paid are not refundable unless the law requires otherwise.
- We will give at least 30 days' notice of any price change.
Article 6. Customer responsibilities
- The Customer is responsible for complying with labor, immigration and other applicable laws, and makes the final decisions on shifts, pay and residence status. The Service's working-hour limit checks, document expiry warnings and payroll calculations support this work but do not guarantee legal compliance. The Customer must check payroll results before paying staff.
- When entering and using staff personal information in the Service (including location, face photos and residence cards), the Customer is responsible for informing staff of the purposes of use, obtaining any consent required and completing any other steps the law requires.
- The Customer is responsible for the accuracy of Customer Data.
Article 7. Prohibited conduct
- Breaking the law or public order, or anything connected with crime.
- Infringing our rights or the rights of others.
- Unauthorized access, excessive load, or anything that disrupts the Service.
- Reverse engineering, analyzing or copying the Service's software.
- Reselling or lending the Service to others without our permission.
- Registering false information or impersonating someone else.
- Collecting personal information without the person's consent.
- Providing any benefit to anti-social forces.
- Anything else we reasonably consider inappropriate.
Article 8. Customer Data
- Rights in Customer Data belong to the Customer.
- We use Customer Data only to provide and maintain the Service, to fix problems, or where the law requires. Personal information is handled under our Privacy Policy.
- We may use statistics processed so that no person or business can be identified to improve the Service.
- After the contract ends, the Customer has 60 days to export Customer Data. We then delete it.
Article 9. Demo environment
The demo environment is for trial use only. Its data is wiped regularly. Do not enter information about real people. The demo environment is provided as is, with no warranty.
Article 10. Changes to and suspension of the Service
- We may suspend the Service without notice for maintenance, faults, natural disasters or other unavoidable reasons.
- We may add, change or remove features of the Service.
- If we end the Service entirely, we will give at least 3 months' notice.
Article 11. Suspension and termination by us
If the Customer breaches these Terms, is late with payment, is found to be an anti-social force, or for similar reasons, we may suspend use of the Service or terminate the contract without prior notice.
Article 12. Cancellation by the Customer
The Customer may cancel the contract in the way we specify. The cancellation date follows the Individual Agreement.
Article 13. Disclaimer
- The Service is provided as is. We do not guarantee that it fits a particular purpose, is accurate (including document reading, face matching, location checks and payroll results) or runs without interruption.
- Face matching and location checks indicate possible fraud; they are not final decisions.
Article 14. Limitation of liability
- Except in cases of our intent or gross negligence, our liability is limited to the total fees the Customer paid us in the 12 months before the month in which the damage occurred.
- For the Free plan and the demo environment, we are not liable except in cases of our intent or gross negligence.
- We are not liable for lost profits or indirect damages.
Article 15. Confidentiality
Each party will not disclose the other's non-public information learned through the Service to third parties, unless the law requires it.
Article 16. Intellectual property
All rights in the Service's software, design, manuals and other materials belong to us or their rightful owners.
Article 17. Exclusion of anti-social forces
Each party represents that it is not, and has no ties to, organized crime groups or other anti-social forces. If either party breaches this, the other may terminate the contract immediately.
Article 18. Changes to these Terms
We may change these Terms under Article 548-4 of the Civil Code of Japan after announcing the changes and their effective date on our website.
Article 19. No assignment
The Customer may not assign its position, rights or obligations under the contract to anyone else without our written consent.
Article 20. Governing law and jurisdiction
These Terms are governed by the laws of Japan. The Tokyo District Court has exclusive jurisdiction as the court of first instance for any dispute.
Article 21. Language
The Japanese version of these Terms is authoritative. The Vietnamese and English versions are reference translations.
Contact: [email protected]