JS backup(hereinafter referred to as "Application") is an application that pursues "user-friendly" and high performance way of backup / restore / data transfer.
This "Terms of Service" (hereinafter referred to as "Agreement") defines the list of basic conditions that must be agreed by the user when using the free and paid service (referred as "Service") provided by Johospace Co., Ltd. (referred as "Company").
By downloading, installing, using the Service, the user agrees to the Agreement.
The Agreement is subject to change without prior request of consent in the Company’s discretion. The changes will be published on the official website of JS Backup (http://jsbackup.net/license.html) and are deemed accepted by the user. Use of Service after the change takes effect is deemed as agreeing to the all terms of the Agreement after change.
■ Key features ■
Backup / Restore function
1. Backup/Restore of Standard data (*1), Jorte data, apk, image, music, video, document (from now on referred as "media data") backup, you can restore. (*2)
2. Backup/Restore to SD card(*3), the Company's cloud storage service (referred as "JS cloud"(*4)), and other cloud services(*5) supported.
3. Specialized data transfer feature via JS Cloud.
4. Backup/Restore to PC with PC sync feature.
Easy Data Transfer (referred as "the Feature") supports data transfer of standard data via JS Cloud(*4)
Transfer of personal information to server will take place thus a password is required. The chosen password will not be stored on the server so please take good care of it.
1. The Feature is available for free but only the most recently exported standard data will be kept.
2. A QR code will be generated after export. The data can only be imported with the QR code via JS Backup. Therefore, please take good care of the QR code.
If an account is created(*6), it is possible to regenerate the QR code. Restoration can also happen without the QR code.
3. The file will automatically be deleted in 7 days for free users. The files can also be manually deleted.
4. Multiple importations via QR code in a short period of time is banned by the server. Please try again after 30 minutes.
5. Only contacts and calendars are supported for free users when importing data to an iPhone.
Paid option to the Feature is available. To use the paid option, user registration is required(*6).
1. Import via QR code is supported just like the free version. However, import via account is also possible without a QR code.
2. 3GB or 5GB of media files (photo / video / music / document) can be additionally exported and stored for up to 30 days. Files with size over 200MB will not be exported.
3. By subscribing to monthly subscription option, 20GB of cloud storage space can be used. With auto backup enabled, the backup files will always be up to date.
4. Users subscribed to the monthly subscription option can enjoy newly developed features in the future.
5. photos and videos will be supported in addition to standard data for import to iPhone.
*1 standard data includes contacts, call history, SMS, MMS, bookmark, system, dictionary, calendar, music playlist, application list.
*2 the data supported by standard data depend on the device and Android OS version
*3 for devices without an SD card slot, the backup will be stored to internal memory. In addition, the total backup size for image, music, video, document files cannot exceed 4GB.
*4 transfer of image, music, video, document is a paid feature
*5 Google Drive, Dropbox, Data Storage BOX SugarSync supported. Please register for the service of choice.
*6 user registration is free of charge
Article 1: Service Guarantee and Modification
The integrity and certainty of the software provided by the Company are not guaranteed to function in user’s environment even if the specifications are met. Moreover, this Agreement is subject to change without prior notice, thus the Company reserve rights to modify the provided Service, its specifications, and price and to stop or terminate the Service. However, a decision that has a significant impact on the user will be announced in a reasonable period in advance.
The distribution, rental, lease, rent and transfer of the Application to a third party is strictly prohibited unless explicitly stated.
The user may contact the Company via the official website or the specified e-mail address. In principle, the Company only replies with e-mail. The integrity and reliability of the responses to user inquiries are not guaranteed.
In addition, the Company reserves the rights to display internal or third-party ads on the Service.
Article 2: Eligibility to use the Service
The service may be initiated after download of the application.
Permission to access authentication information from the Android settings menu must be given to the Service, in order to use the synchronization feature with Facebook/Google Photos/Google Calendar. The user is deemed to have agreed to the terms in advance when using the synchronization feature.
[Regarding account setup]
If any of the following condition (1) to (8) is met, the user is not eligible to use the Service. However, the company has no obligation to check whether the conditions apply to the user. The company is also not responsible if the user suffer any loss when registering the account with incomplete or incorrect information.
Age and personal verification procedures must be done to register an account. Consent of the guardian must be attained when a minor wishes to use the Service.
(1) Act exploiting the accounts of other, try to access the electronic data storage facilities of the Company or others data illegally.
(2) Act of using or providing other harmful programs such as computer viruses.
(3) Act of letting others use own account, or exposing the own account information for the purpose of that.
(4) Act of setting the account using false information to use the Service.
(5) Act that causes damage to the copyrights of others, intellectual property copyrights of others, portrait rights, and the honor and credit, or violating the privacy act, and giving tangible and intangible disadvantage to others.
(6) Act that promotes or perform criminal offenses, or acts that violate public order and morality.
(7) Acts of displaying or sending images, documents, etc. that suggest obscenity, child pornography or child abuse, selling the media recording of such contents and sending, displaying, selling advertisements of such contents.
(8) All other act in violation of the law or act deemed inappropriate by the Company.
Article 3: User Responsibility regarding account
User shall take full responsibility for the management and use of account information. User shall not lend or transfer the account information to a third party and the Company bears no responsibility when any damage or losses occur when such information used by a third party.
When the Service is logged in with the matching credential information as the registered account, the Company assumes that it is accessed by the user him/herself that registered the account, and charge the user if any fee or payment occurred from purchase of items or the use of this account. (The charge includes and is not limited to usage charge, membership fee, etc. (referred as “Price”), or debt payment requested by a third party.)
If the act of the user causes complaints, costs and compensation payments addressed to the Company, the user shall bear full cost incurred to the Company (including attorneys' fees paid by Company).
Article 4: Billing and Payment
When using the paid service, only personal accounts of selected financial institutions are accepted. When deemed necessary, the Company may also decide the upper limit of payment.
The Services and products from the Company generally accept payments via Google Play. The date when the invoices are sent differ between financial institutions. Please check to confirm the exact date.
The Company does not provide receipt for price settlements to users. It is not possible to request for refund after payment. Moreover, it is possible to cancel the subscription for monthly charged services but the termination is from the next month. The Company may also transfer receivables to third party if payments do not arrive in time. Other than the products and services provided by the Company, the Company does not enter into a contractual relationship with the user for products and services the user purchased or used.
When the user’s subscription is terminated, due to incomplete incorrect registration information from the registered financial institutions, or if user fails to make payment due to personal circumstances, the Company is not liable for any damages that occur.
Article 5: Consent to handle digital data
The Service deems the user have given prior consent to retrieve personal data stored on the device and upload backup information to the Company server*.The query of such data are also deemed accepted by the user in order for the initiation of the Service.
*If the data is backed up to JS Cloud, advanced encryption is applied to the files and backup information before storage. Only backup information is stored in the case of a different cloud service.
The Company is not responsible for the storage, damage, loss, etc. of the data for the electronic files stored on the Company management server. The Company reserves the right to copy user data when it is necessary for the maintenance or improvement of the Service(and its derivatives).
Copyrights of contents the user has downloaded from services such as electronic bulletin board or SNS, etc. are assumed to belong to the user or the copyright owner.
The Company will not inspect on User Contents nor give access to third party without obtaining prior consent with exceptions to the following situations:
(1) When the Company deems it is necessary in order to protect the life, health or properties of third party.
(2) Request of disclosure of information by law authorities
(3) When the digital contents go against or are deemed to be against Article 2 by the Company
(4) When anonymized backup information including file type, text, network traffic, meta data, file size, etc. is used to improve the quality of Software
(5) When anonymized backup information including file type, text, network traffic, meta data, file size, etc. is used by the Company or partner for service management
Article 6: Usage of Personal Information
The User is deemed to have given consent to the storage of credential tokens to Company server when using backup to cloud services.
The personal data collected will solely be used within Services provided by the Company and Services used by the Company.
The personal data collected from user is used or may be used for the following purposes:
(1) Display of registered information for the User to confirm or modify
(2) Contact the user via email address
(3) Verify personal identification
(4) Block users who are in violation of this Agreement or have attempted to use the Service for unjustifiable purpose
(5) Respond to inquiries from Users
The user must agree to the disclosure of personal data in the following cases:
(1) when information publisher needs to be identified by the users (nickname)
(2) when the Company discloses necessary information of users that wish to purchase paid services to partner for transaction
(3) when the Company used them to block users who have violated Terms of Service or have used the Service for unjustifiable purposes
(4) when there is question regarding services by the Company's partner (information shared to the corresponding partner)
(5) when the user is is mandated to disclosure based on laws and regulations by the court or is under formal inquiry by investigation authority such as the police
(6) when there is an emergent threat to the life, health or property and it is difficult to get consent from the person
(7) when it does not violate the Act on the Protection of Personal Information
Article 7: Suspension of Service, Deletion of Electronic Data
The Company reserve the right to enact measures such as remove electronic data , block specified users from access to service or deletion of accounts without prior notification for the management of Service.
If the user is deemed applicable to any of the following items, the accounts will not be approved:
(1) there are false statements, omissions, error to the provided information
(2) the credit card is reported to be invalid by issuer, the transaction of Google Play is reported to be invalid (paid feature users)
(3) the user has past record of being blocked or terminated from the Service by the Company
(4) the user is in the process of bankruptcy or civil rehabilitation or deemed to have uncertain financial credential by the Company
(5) the account is associated or deemed to be associated with anti-social forces or its members and staffs by the Company
(6) the user is determined to be inappropriate or ineligible by the Company
Article 8: Software compliance issues
Intellectual property rights of the Application developed by the Company, belong solely to the Company or its partners.
The integrity and certainty of the Application are not guaranteed to function in user’s environment even if the specifications are met. Also, the specifications of the Application are subject to change without prior notice. The Company is not liable for any damage caused and has no obligation to technically support the user by publishing the specifications, technical maintaining licensed program or improving existing features.
The followings are prohibited with the use of the Application:
(1) To reverse engineer, reverse assemble, or to decipher the source code in any other way.
(2) To use the Application to perform acts such as, controlling equipment that could pose significant risk to property or human life or to use the Application without complying to the instructions set by the Company.
(3) To use this Application, develop other software or let a third party to use Application for the purpose of receiving monetary benefits. To sell, redistribute, rent and license the Application without obtaining the prior written consent from the Company.
(4) Any other acts deemed inappropriate by the Company.
Article 9: Disclaimer
The upper limit of the amount of compensation if the user were to suffer losses from the Company’s liabilities is set as the total payments from premium features or options, if the user suffers direct loss in reality.
Article 10: Applicable law and court of Jurisdiction
The formation, effectuation and interpretation of the Agreement are governed by the laws of Japan. In addition, all disputes relating to the application, interpretation and service usage of the Agreement are in exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court.
■ Terms of Agreements of Cloud Management Server ■
The following also applies when using cloud services.
■ Short description of Cloud Management Server ■
The Cloud Management Server is the server used to manage authentications to backup services, backup information and backup history.
Backup and Restoration via cloud services cannot be performed without use of the server.
By saving and managing the backup information and backup history, the Server prevents duplicate backup of files.
The information stored on the Server can be removed by clicking the settings menu of "Backup & Restore". If the check mark is unchecked, the information will be immediately deleted. For JS Cloud, the record information is automatically deleted with the termination of subscription.
Article 1: use of Cloud Management Service
Please do not use Cloud Management Server with malicious intent. Do not attempt to access the Server with methods other than what is being shown in the Product. The user may only use the Server for legal purposes(including exporting and re-exporting laws.) If the User is found to breach the Terms of Agreements by the Company's investigation, the Company reserves the right to temporarily or permanently ban the User's right to access the Server.
The Cloud Management Server may modify its specifications along with future updates. The Company may terminate, stop or change the Cloud Management Server any time without giving prior notice. Also, the Company also reserves the rights to delete contents stored on the Cloud Management Server.
Article 2: Termination of Service
The User may terminate use of Cloud Management Server anytime.Moreover, the Company may terminate, add restrictions or add new settings to the Cloud Management Server any time.
The User can terminate the service by removing all external cloud services from the backup destination list. This can be also done via the settings menu.
If the Company plans to interrupt the service of Cloud Management Server, it will inform the Users beforehand when possible.
■JS Cloud Terms of Service■
The following terms of agreement must be accepted for the use of JS Cloud
■Overview of JS Cloud■
Backup/Restore of Standard data, Jorte data, apk, image, music, video, document (referred as "media data")
The Photos will be converted into thumbnails then be analyzed with image recognition . In addition, the location data of the photos can be browsed on the JS Backup Photo Application.
The JS Backup Photo application will be able to freely use the information of the results of image recognition and location information.
Files are encrypted with advanced algorithms before storage to JS Cloud. Therefore it is not possible to access files without account or password. Please take good care of account information.
Article 1: use of JS Cloud
Please do not use JS Cloud illegally. Attack on JS Cloud or attempt on accessing JS Cloud by methods other than the official interface are strictly prohibited. The user is eligible to use JS Cloud service only if the contents are legal(regulations regarding export, re-export,etc.) If the user does not comply with JS Cloud terms of service and policy, or if the Company is to carrying out an investigation on suspected fraud, the Company may temporarily halt or stop user access to JS Cloud.
JS Cloud is subjected to change through future feature updates and improvements. The Company reserve the right to suspend, stop or change JS Cloud any time without prior notice. it may also delete any of the content from JS Cloud at its own discretion.
Article 2: User Content and Privacy
User may retain full ownership of its own Content. We do not claim any ownership of the user’s Content. As described below, these Terms of Service is not intended that you grant us the right for intellectual property or Contents of the user, except the limited right necessary to fulfill this Service
The user shall grant the required permissions for the sole purpose of managing the Service carried by the Company. This permission shall be applied to Amazon which provides the storage area, and also to the trusted third party that operates this Service in cooperation with the company.
The user shall be solely responsible for own actions in use of the Service, the content information, and for communication with others. For example, the user is responsible for ensuring the rights or permissions necessary to comply with these Terms of Service.
Although there is possibility of conducting an investigation regarding whether album titles generated via image processing comply with our Terms of Service of published content, there are no obligations to monitor the information from this Service. The Company is not responsible for the accuracy, integrity, validity or legality of the content that can be accessed in the Service.
Article 3: User Responsibilities
The Contents used in the Service could be protected by intellectual property rights of third parties. Please do not use JS Cloud if that is the case. The user shall bear full responsibility for the Contents provided to JS Cloud and the Company has no legal obligation regarding this subject.
Article 4: Copyrights
The Company fully respects the intellectual property rights of third parties, and wishes the user to respect them as well. If claims of copyright infringement are submitted to the Company through properly means, it will respond and enact accordingly.
Article 5: Termination of Service
With the case of monthly subscription users, the files shall be retained during the validity period (30 days after latest payment). While for users of 30-days-limit plan, once 30 days have been exceeded, the files will be removed immediately. The User may terminate the Service after exceeding the 30 days period. It is also possible for the user to erase data from the Settings menu.
For the monthly subscription users, once the monthly plan continuation deadline has been exceeded the files will be deleted.
If the Company was to suspend JS Cloud, it will notify the users in advance regarding the suspension if possible.
Article 6: Regarding Terms of Service
The Company may change the Agreement or additional provisions of specific Service, in order to reflect law amendments or modifications to the Service and JS Cloud. Please check the Terms of Service on a regular basis.
User, who does not agree with the revised provisions of JS Cloud or other user policies, should stop using the Service in accordance with the article "Termination of the Service".
Even if the Company does not take legal action immediately after the case of user Terms of Service violation, it does not mean the Company is forfeiting its rights.
Article 1 Collection of Personal Information and Purposes
The Company collects the following Personal Information automatically and manually from the User for the following purposes within the Application.
・Automatically obtained from the App
(1)Device Information(model name, OS version, language settings): to recognize the devices within the Service
(2)Statistical Information (Anonymized data such as: Backed up files of each filetype, duration of use within App): to improve software quality of the Service
(3)Time stamps of when images/videos are taken: to initiate Automatic Backup
(4)Image Recognition results, Location Data: to provide necessary information to JS Backup Photo
(5)Ads provision: to help fund the running costs of the Service
(6)Bug Reports: to improve software quality of the Service
・Manually inputted by the User
(1)Cloud Information (service name, account name, available storage): to provide necessary information for cloud backup service
(2)Account Information(account ID, hashed password): to provide necessary information for cloud backup service
(3)Recommended Apps Information: to improve quality of the Service
Article 2 Sharing of Personal Information to Third Parties
(1)The Company may send the Personal Information obtained by the collection module to the following third parties:
・Google Admob: Web Advertisements
・Jorte DProfiler: Web Advertisements by Jorte
・Fabric Service: Bug Report Service developed by Twitter
(2)The Company may also provide the collected Personal Information to third parties given the following conditions while keeping the rights of Users in mind:
・Obtained consent from the User
・In accordance to the law
・When human life, health or properties are threatened, the information is required and personal consent cannot be obtained
・When required for the improvements of public and children health and personal consent cannot be obtained
・When necessary to provide information due to laws and requests from the national or regional government and collection of personal consent is deemed too difficult
・Data is anonymized that inidividuals cannot be tracked
Article 3 Consent to collection, storage, usage of Personal Information
Article 4 Termination to collection of Personal Information
(1)Please use the user information removal feature of the Service when wishing to remove collected information specified in Article 1.
(2)The Application deletes the Personal Information collected from all the connected devices immediately when the removal feature is used or the Application is uninstalled. The files on the Server will be deleted during the next maintenance.
The user may contact the customer support of JS Backup(firstname.lastname@example.org) by e-mail if there are any concern, inquiry or feedback regarding the Service. However, support via phone call is not offered. We appreciate the users’ understanding and cooperation.
28 Aug 2017