Article 1 (General provisions)
These Terms set out the conditions for using DioTrans (the “Service”) provided by noktone LLC (“we”, “us”, or “our”).
Any person who uses the Service (a “User”) shall use the Service after agreeing to these Terms.
Article 2 (Formation of the usage contract)
A usage contract under these Terms is formed when a User registers for the Service by our prescribed method and we accept the registration.
For paid plans, the usage contract for the relevant paid plan is formed when the User applies for the plan by our prescribed method and the prescribed payment process is completed.
We may decline a registration or paid plan application if the application contains false information, if the applicant has previously violated these Terms, or if we reasonably determine that use would be inappropriate for other reasons.
Article 3 (Contents of the Service)
The Service is a file transfer service that stores files encrypted in the browser in AWS S3, Cloudflare R2, or DioTrans-provided storage selected by the User, and delivers the files to designated recipients.
The Service may be provided in connection with the upload destination, identity infrastructure, mail service, payment service, and other third-party services selected by the User.
The specific features, available capacity, retention periods, download expiry, and other specifications of the Service are set out on our website or within the Service.
Article 4 (Encryption and decryption)
Files in the Service are, in principle, encrypted in the User’s browser.
In standard mode, the encryption key is protected and stored on our systems, which means that, at the system level, we may be able to decrypt the files.
In passphrase mode, the passphrase required for decryption is never sent to us. If the User or a recipient loses the passphrase, we cannot decrypt or restore the files.
Article 5 (User responsibilities)
Users use the Service at their own responsibility and confirm that they hold lawful authority and a legitimate purpose for the files they transfer and for the destination email addresses, subject lines, messages, and other information they provide.
When using the Service to send personal information, confidential information, or other important information, Users shall implement the necessary security measures at their own responsibility.
For AWS S3, Cloudflare R2, OIDC, SMTP, and other external services that Users contract for themselves, Users shall configure, manage, and maintain the contracts appropriately at their own responsibility.
Article 6 (Prohibited acts)
When using the Service, Users must not engage in any of the following.
- Acts that violate laws or public order and morals
- Criminal acts or acts related to criminal acts
- Acts that infringe the copyright, trademark, privacy, or other rights of third parties
- Sending or distributing malware or other harmful programs
- Phishing, fraud, impersonation, or other acts that deceive third parties
- Spam or other inappropriate mass sending
- Unauthorized access to the Service or related systems
- Acts that place excessive load on the Service
- Acts that obstruct the operation of the Service
- Other acts that we reasonably determine may harm the safety or normal operation of the Service
Article 7 (Fees, billing, and cancellation)
Paid plan fees are billed monthly in advance, starting from the plan registration date, and are automatically charged on the same day each month in principle. The usage contract renews automatically unless the User cancels.
Displayed prices exclude tax unless otherwise stated, and consumption tax and other taxes are calculated according to the rate applicable at the time of billing.
Users may cancel a paid plan by our prescribed method. After cancellation, no further automatic renewal occurs from the next billing date, and Users can use the Service until the end of the current billing period.
Even if a User cancels mid-period, except where required by law, we do not prorate or refund fees already paid.
If payment is not completed normally, we may restrict or suspend all or part of the Service. Once payment is confirmed, we will, in principle, promptly restore the Service.
Details on fees, the free trial, billing, cancellation, and refunds are set out on the pricing page, the billing, cancellation and refunds policy, and the commerce disclosure under Japanese law.
Article 8 (Handling of files and data)
Ownership, copyright, and other rights in files transferred through the Service belong to the User or the rightful rights holder. Using the Service does not transfer those rights to us.
Transfer files stored in the Service may be deleted automatically after the download expiry set by the User or other retention periods we define. Deleted files cannot, in principle, be restored.
For data stored in AWS S3, Cloudflare R2, or similar that the User contracts for themselves, we attempt deletion from the upload destination when the account deletion is executed and when the download expiry passes. However, deletion may fail due to expired credentials, insufficient permissions, communication failures, or similar. Users shall confirm the remaining data at their own responsibility and manage and delete it themselves as needed. If a User deletes a transfer, the transfer’s management information is deleted, but the file itself remaining at the upload destination is not deleted automatically.
Data stored in DioTrans-provided storage is deleted upon termination of the usage contract, account deletion, expiry of the retention period, or other conditions we prescribe.
The handling of personal information and other User information is set out in our Privacy Policy.
Article 9 (Intellectual property rights)
Copyright, trademark rights, and other intellectual property rights in the Service, our website, programs, screens, designs, text, logos, trademarks, documentation, and other content we provide in connection with the Service belong to us or to third parties holding rightful rights.
These Terms do not grant Users any license to such intellectual property rights beyond the scope necessary to use the Service in the ordinary manner.
Article 10 (Suspension of use and termination of contract)
If a User falls under any of the following, we may suspend all or part of the Service or terminate the usage contract without prior notice.
- Violation of these Terms
- Failure to pay usage fees
- Discovery of material falsehoods in registered information
- Fraudulent use of the Service
- A situation we reasonably determine poses a material security risk
- Other situations where we reasonably determine that continued use is inappropriate
The handling of User data upon suspension or termination is governed by these Terms and the Privacy Policy.
Article 11 (Disclaimer and damages)
We provide the Service with reasonable care, but we do not warrant that the Service will be uninterrupted or error-free, that every file will necessarily be sent, notified, stored, or downloaded, or that the Service is complete, accurate, continuous, or fit for a particular purpose.
We are not liable for damages arising from failures, specification changes, suspension, or changes to contract terms of Cloudflare, Amazon Web Services, payment providers, identity providers, mail services, or other third-party services, except in cases of our intent or gross negligence.
We are not liable for damages arising from settings errors, permission settings, credential management, usage restrictions, failures, or other matters within the User’s area of control for AWS S3, Cloudflare R2, OIDC, SMTP, or other external services that the User configures or manages.
For files stored in the Service, Users shall take backup and other protective measures at their own responsibility as needed.
If a User suffers damage due to a cause attributable to us and we bear liability for damages, then except in cases of our intent or gross negligence, our liability is capped at the total amount of Service fees the User actually paid to us during the 12 months immediately preceding the month in which the damage occurred.
Notwithstanding the preceding paragraph, if the contract between us and the User concerning the Service constitutes a consumer contract under the Consumer Contract Act, the disclaimers and limitations in these Terms do not apply to the extent they violate that Act or other mandatory law.
Except in cases of our intent or gross negligence or where liability cannot be disclaimed under law, we are not liable for special damages, indirect damages, lost profits, or other damages exceeding ordinary and direct damages.
We are not liable for transactions, communications, disputes, or other issues arising between Users and third parties in connection with the Service, except where the cause is attributable to us.
Article 12 (Changes, interruption, and termination of the Service)
We may change, interrupt, or discontinue all or part of the Service when reasonably necessary for maintenance, security responses, changes to system configuration, changes to third-party services, compliance with laws, or other reasons.
If we discontinue the Service in its entirety, we will endeavor to notify Users in advance with a reasonable period, except in emergencies or unavoidable cases.
Article 13 (Changes to these Terms)
We may change these Terms in accordance with laws when there are changes to laws, changes to the contents of the Service, or other reasonable needs.
If we change these Terms, we will make the revised Terms and their effective date known through the Service, our website, or other appropriate methods.
For changes that materially affect Users, we will endeavor to provide advance notice with a reasonable period.
Article 14 (Governing law and jurisdiction)
These Terms and the usage contract concerning the Service are governed by the laws of Japan.
If a dispute arises between us and a User concerning the Service, the Kyoto District Court or the Kyoto Summary Court shall be the court of exclusive jurisdiction for the first instance.
However, this does not limit rights granted to Users under the Consumer Contract Act or other laws.