← Shiftyasan Public API

Terms of Use

This is an English translation provided for convenience.

The Japanese original is the authoritative version. If there is any discrepancy between the two, the Japanese version prevails.

Article 1 (Membership terms)

1. Clave LLC (“we”, “us” or “the Company”) establishes these membership terms and provides Shiftyasan (the “Service”) to Shiftyasan members (“members”) in accordance with them.

2. In addition to these membership terms, we may establish terms for individual services (“individual terms”). Where the membership terms and individual terms differ, the individual terms prevail.

3. Unless otherwise provided, individual terms, the Service’s help and guide pages and other pages explaining the Service also form part of the membership terms, and together constitute the membership terms.

4. Members use the Service on the basis that they agree to the membership terms.

Article 2 (Changes to these terms)

1. We may change the membership terms at any time without prior notice to members where we consider it necessary.

2. The changed membership terms take effect when displayed within the Service or on a website we operate, and a member who uses the Service after the change is deemed to have agreed to the changed membership terms.

Article 3 (Notices to members and contact from members)

1. We give notice to members by email, by posting on our website, or by any other method we consider appropriate.

2. Where notice is given by email, the notice is deemed to have reached the member when we send the email to the member.

3. Where notice is posted on a website, the notice is deemed to have reached the member when it is posted.

4. Members contact us using the method we designate.

Article 4 (Member registration)

1. A person who wishes to use the Service registers as a member using the method we designate.

2. A minor who registers as a member must obtain the consent of their statutory representative. If a minor registers as a member, we deem that the consent of the statutory representative has been obtained.

Article 5 (User IDs and passwords)

1. Members manage their own user IDs and passwords strictly at their own responsibility, and we bear no responsibility whatsoever for unauthorised use by third parties.

2. Members must not allow third parties to use, transfer or lend their user IDs and passwords.

3. Where the Service is used with a registered user ID and password, we deem that it was used by the member holding that user ID and password, and the effects belong to that member.

4. If a member’s user ID and password become known to a third party, or it appears that a third party is using them, the member must report this to us immediately and follow our instructions.

Article 6 (Prohibition of transfer)

We prohibit members from transferring, selling, lending, assigning, licensing or otherwise disposing of their status as a member, their right to use the Service based on that status, or their rights or obligations, to any third party.

Article 7 (Changes to registered information)

1. Where there is a change to a member’s email address or other information registered with us, the member must update the registered information immediately.

2. We bear no responsibility whatsoever for any disadvantage or damage suffered by a member as a result of failing to update registered information.

Article 8 (Withdrawal)

1. A member who wishes to withdraw from the Service must complete the procedure using the method we prescribe.

2. On withdrawal, a member loses their status as a member and can no longer use the Service. Once withdrawal is complete, the lost membership status cannot be restored.

3. Where a member owes us monetary or other obligations, withdrawal does not release them from those obligations.

Article 9 (Environment for using the Service)

1. Members prepare, at their own responsibility and expense, the devices, electronic equipment, communication equipment, software and internet connection needed to use the Service.

2. Members bear communication charges and similar costs incurred in using the Service.

3. Where the Service is used via a proxy server, VPN server or similar, it may not function correctly.

Article 10 (Members’ own responsibility)

1. Where a dispute arises between a member and a third party in connection with use of the Service, the member resolves that dispute at their own responsibility and expense.

2. Where a member causes damage to a third party in connection with use of the Service, the member compensates that damage at their own responsibility and expense.

Article 11 (Payment)

1. Members pay the purchase price for products within the Service using the payment method we designate.

2. Members may settle payment using the payment methods provided by credit card companies, electronic money providers and similar businesses we designate (“payment companies”).

3. In the case of the preceding paragraph, members enter into a contract with the payment company in accordance with that company’s terms. Where a dispute arises between a member and a payment company, the member resolves it at their own responsibility and we are not involved.

4. Members may not request a refund of amounts already paid, for any reason.

5. Members may pay by bank transfer (invoice payment) only where we have confirmed and approved the application in advance.

6. Where bank transfer (invoice payment) is used, members transfer the amount to the account we designate by the payment due date stated on the invoice (within 30 days of the invoice issue date). Transfer fees charged by financial institutions are borne by the member.

7. If we cannot confirm receipt of payment by the due date, we may suspend the provision of paid features to that member and invalidate their plan. In that case the invoice for the unpaid amount is cancelled (this does not affect other obligations already incurred). We bear no responsibility whatsoever for damage suffered by a member as a result of measures under this paragraph.

Article 11-2 (Contract period, automatic renewal and cancellation of paid plans)

1. The paid plans of the Service comprise monthly plans and annual plans. The price of an annual plan is equivalent to 11 months of the monthly price, payable in a single annual payment.

2. A paid plan contract is formed upon application, the plan becomes effective at the same time, and the member can use the paid features. The same applies to applications by bank transfer (invoice payment), where the amount is paid in arrears (invoice payment under paragraph 6 of the preceding article). Where we apply a free trial, payment arises after the trial period ends.

3. Unless the member cancels by the end of the contract period using the method we prescribe (the cancellation procedure in the account settings screen), a paid plan is automatically renewed for the same contract period, and the amount for the next contract period is charged at renewal (for credit card payment, settled at renewal; for bank transfer (invoice payment), in arrears under paragraph 6 of the preceding article).

4. Where a member completes the cancellation procedure, the cancellation stops the next renewal; the member may continue to use the paid features until the end of the contract period currently in effect. At the end of that period the paid features become unavailable.

5. Even where a member cancels partway through a contract period, they cannot receive a refund of amounts already paid for that contract period, whether on a pro-rata basis or otherwise. Paragraph 4 of the preceding article also applies to cancellation under this article.

Article 12 (Prohibited conduct)

1. We prohibit the following conduct by members in using the Service.

  1. (1) Infringing our or a third party’s copyright, trademark rights, design rights, patent rights, utility model rights or other intellectual property rights.
  2. (2) Infringing our or a third party’s property rights, portrait rights, publicity rights, personal rights, rights to reputation, privacy rights or similar.
  3. (3) Conduct that violates laws or regulations.
  4. (4) Criminal conduct, conduct leading to criminal conduct, and conduct that encourages criminal conduct.
  5. (5) Conduct that violates laws regulating the distribution of child pornography, pornography or obscene materials.
  6. (6) Posting false information.
  7. (7) Placing an excessive load on our servers.
  8. (8) Obstructing the operation of the Service.
  9. (9) Using the Service for purposes other than those for which it is provided.
  10. (10) Removing, circumventing or disabling security, DRM or other technical protection measures applied to content provided in the Service.
  11. (11) Conduct that is detrimental to us or a third party.
  12. (12) Defaming, threatening or harassing us or a third party.
  13. (13) Discriminating against third parties or promoting discrimination.
  14. (14) Collecting and publishing personal information or private information without the consent of the third party concerned.
  15. (15) Pre-election campaigning, election campaigning or similar conduct, and conduct that violates the Public Offices Election Act.
  16. (16) Conduct that interferes with our business.
  17. (17) Registering false information with the Service.
  18. (18) Conduct prohibited by individual terms.
  19. (19) Any other conduct we consider inappropriate.

2. Whether conduct falls under the prohibited conduct in the preceding paragraph is determined at our discretion, and we bear no obligation to explain our determination.

3. Where we determine that a member’s conduct falls under the prohibited conduct in paragraph 1, we may take any or all of the following measures without prior notice.

  1. (1) Restricting use of the Service.
  2. (2) Cancelling the member registration and treating the member as withdrawn.
  3. (3) Any other measure we consider necessary.

4. We bear no responsibility whatsoever for damage suffered by a member as a result of measures under the preceding paragraph.

5. We may claim from a member compensation for all damages, losses and expenses (including litigation costs and attorneys’ fees) incurred by us as a result of conduct that violates the membership terms.

Article 13 (Restrictions on use of the Service)

1. We may restrict a member’s use of the Service in the following cases.

  1. (1) Where it appears that the member’s user ID and password are being used by a third party.
  2. (2) Where it appears that the registered information contains false information.
  3. (3) Where payment is overdue or is likely to become overdue.
  4. (4) Where we are unable to contact the member.
  5. (5) Where we otherwise consider it necessary.

2. We bear no responsibility whatsoever for damage suffered by a member as a result of measures under the preceding paragraph.

Article 14 (Termination by us)

1. Where a member falls under any of the following, we may cancel the member registration and treat the member as withdrawn, without any notice.

  1. (1) Where the registered information contains false information.
  2. (2) Where payment is overdue.
  3. (3) Where the member’s creditworthiness has deteriorated and continued payment is difficult.
  4. (4) Where the member has previously been subject to withdrawal imposed by us.
  5. (5) Where we are notified by the member’s heirs or others that the member has died, or we are able to confirm the fact of the member’s death.
  6. (6) Where we determine that the member falls under antisocial forces (organised crime groups, their members, quasi-members, affiliated companies, corporate extortionists, groups engaging in criminal activities under the pretext of social movements, groups engaging in criminal activities under the pretext of political activities, special intelligence violence groups, or persons equivalent to any of these).
  7. (7) Where a petition for commencement of bankruptcy or civil rehabilitation proceedings is filed.
  8. (8) Where the member becomes subject to a decision commencing guardianship, curatorship or assistance.
  9. (9) Where the member does not respond in good faith to our requests.
  10. (10) Where we otherwise consider it inappropriate.

2. We bear no responsibility whatsoever for damage suffered by a member as a result of measures under the preceding paragraph.

3. A member who withdraws as a result of measures under paragraph 1 loses the benefit of time on withdrawal and must immediately perform all obligations owed to us.

4. Article 8, paragraphs 2 and 3 apply mutatis mutandis to withdrawal under this article.

Article 15 (Suspension of the Service)

1. We may suspend provision of the Service in the following cases.

  1. (1) Where we carry out maintenance or inspection of the Service.
  2. (2) Where an accident such as fire or power failure occurs.
  3. (3) Where an emergency such as a natural disaster occurs.
  4. (4) Where a system failure or network failure occurs.
  5. (5) Where unavoidable operational circumstances arise on our side.
  6. (6) Where we otherwise consider it necessary.

2. We bear no responsibility for damage arising from a member being unable to use the Service as a result of measures under the preceding paragraph.

3. Notwithstanding the preceding two paragraphs, where the Service remains unavailable continuously for 72 hours or more due to causes attributable to us, we compensate the damage actually suffered by the member in respect of the relevant service by one of the following methods at our discretion. However, the member must make a claim to us within one month of the occurrence of the damage; if no claim is made within that period, the member loses that right.

  1. (1) Reducing future charges for the relevant service by an amount equivalent to the compensation.
  2. (2) Granting rights to use the relevant service equivalent in value to the compensation.

Article 16 (Changes, additions and discontinuation of the Service)

1. We may at any time change (including, but not limited to, changes to the content of the Service, its specifications, its usage fees and the prices of products sold through it), add to, or discontinue all or part of the Service.

2. We bear no responsibility whatsoever for any change, addition or discontinuation of all or part of the Service under the preceding paragraph.

3. Where we change, add to or discontinue all or a significant part of the Service under paragraph 1, we notify members a reasonable period in advance. This does not apply in urgent or unavoidable cases.

Article 17 (Disclaimer)

1. We make no warranty whatsoever that the Service is fit for a member’s particular purpose or has the quality or value a member expects.

2. We make no warranty whatsoever as to the completeness, accuracy, certainty, reliability or usefulness of the Service. We also do not warrant that the Service is free from defects in fact or in law.

3. We bear no responsibility whatsoever for any disadvantage or damage arising from a member’s use of the Service.

4. We bear no responsibility whatsoever for any disadvantage or damage arising from a member being unable to use the Service.

5. Where the contract between us and a member concerning use of the Service constitutes a consumer contract under the Consumer Contract Act, the provisions of the membership terms that entirely exempt us from liability for damages do not apply. In that case, where damage suffered by the member arises from our non-performance or tort, we bear liability for damages up to the amount the member paid us as consideration for use of the Service in the most recent one month. This does not apply where we have acted intentionally or with gross negligence.

6. Among the links placed on sites we manage, sites managed by third parties are not managed by us, and we bear no responsibility whatsoever for those sites.

7. The Service may include a chatbot, “Shii-chan” (the “chatbot”), for support purposes. The chatbot’s answers are reference information only, and we make no warranty whatsoever as to their completeness, accuracy, certainty, reliability or usefulness.

8. Members use the chatbot’s answers at their own responsibility, and make their own judgements by checking the Service’s screens, help pages or other appropriate means as necessary.

9. Members take care not to enter personal information, confidential information, or other information that may infringe the rights or interests of third parties into the chatbot. We may use third-party services in providing the chatbot feature.

Article 17-2 (AI analysis feature)

1. The Service may include a feature that uses AI (artificial intelligence) to analyse employee names, work information and similar data recorded in shift schedules and other files (Excel files, image files and the like) uploaded by members, and to produce data used for the initial shift configuration (the “AI analysis feature”).

2. Analysis by the AI analysis feature uses a generative AI service provided by a contractor we engage (that provided by Amazon Web Services) and is performed within Japan. Data uploaded by members is not provided to Anthropic, the provider of the AI model, or to any other model provider, and is not used to train AI models. Outsourcing relating to the AI analysis feature is governed by Article 20 (Outsourcing); details of contractors, sub-contractors, data storage locations and other aspects of the handling of personal information are as set out in our Privacy Policy.

3. We use the settings provided by our contractor so that data uploaded by members is not used to train AI models. Where we change the contractor, sub-contractor or the country in which analysis is performed for the AI analysis feature, we notify members in advance by the method set out in Article 3.

4. Due to the nature of AI, we make no warranty whatsoever as to the completeness, accuracy, certainty or usefulness of the results of the AI analysis feature. Members review the results at their own responsibility and make any necessary corrections before use, and we bear no responsibility whatsoever for any disadvantage or damage arising from using the results as they are.

5. Members must not upload the following files or other information to the AI analysis feature.

  1. (1) Files containing My Number (individual numbers) or other specified personal information.
  2. (2) Files containing payslips or other information about remuneration.
  3. (3) Any other files we separately specify within the Service.

6. Where we confirm that a file uploaded by a member contains information listed in the preceding paragraph, we may delete that file and the analysis results based on it without prior notice.

7. Members must not enter improper instructions intended to make the AI analysis feature behave in ways we do not intend (so-called prompt injection and the like), or otherwise interfere with the proper provision of the AI analysis feature.

8. When uploading files using the AI analysis feature, members represent and warrant that they have lawfully completed, at their own responsibility, the notification or publication of the purpose of use to the individuals concerned (such as employees) and any other procedures required under laws concerning the protection of personal information in respect of the personal information contained in those files.

9. We delete original files uploaded by members within 24 hours of upload as a rule (deletion may, however, take several days depending on system conditions and similar factors). Results produced by the AI analysis feature are deleted promptly when the member registers them in the Service or discards them, and are automatically deleted where a certain period (30 days at the longest) passes without registration or discarding. Data stored in our backups is retained for a certain period after deletion and then erased in due course. Details of retention periods are as set out in our Privacy Policy.

Article 18 (Intellectual property rights)

1. Copyrights, neighbouring rights, trademark rights, design rights and other intellectual property rights in the video, audio, programs, text, images, illustrations, designs, trademarks, logos and all other information provided in the Service (the “Content”) belong to us or to third parties who have licensed them to us.

2. Members must not engage in any conduct that infringes our or a third party’s rights in the Content.

3. We bear no responsibility for content uploaded by members in the course of using the Service or content created by members through use of the Service, and members manage such content at their own responsibility. However, we reserve the right at all times to determine the appropriateness of content and its compliance with these terms, and where content is found to violate these terms or to be otherwise undesirable, we may at any time, without notice and at our sole discretion, screen, move, reject, modify and/or delete that content.

Article 19 (Business transfer)

Where we transfer the business relating to the Service to a third party, we may transfer to the transferee, together with that business transfer, our status as operator of the Service, our rights and obligations under the membership terms, and members’ registered information and other information; members consent in advance to the transfer of their status as members, their rights and obligations under the membership terms, and their registered information and other information.

Article 20 (Outsourcing)

1. We may entrust all or part of the operations of the Service to third parties (including third parties located outside Japan), and members consent to this in advance.

2. In the case of the preceding paragraph, where we consider it necessary, we may provide personal information to third parties (including third parties located outside Japan), and members consent to this in advance.

Article 21 (Assignment of receivables)

1. Members consent in advance and without objection to our assigning receivables we hold against members to third parties (“assignees”).

2. In the case of the preceding paragraph, members consent in advance and without objection to our providing assignees with the member’s name, address, telephone number and other information necessary to make the claim, for use in claiming and collecting the assigned receivables.

3. In the case of paragraph 1, we and the assignee may omit individual notice to, or requests for consent to assignment from, members.

Article 22 (Handling of personal information)

We handle members’ personal information in accordance with our Privacy Policy.

Article 23 (Liability for damages)

Where a member causes damage to us in connection with use of the Service, the member is liable to compensate that damage.

Article 24 (Severability)

Even where any provision of the membership terms, or part of it, is held invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of the membership terms remain fully valid and effective.

Article 25 (Governing law and exclusive jurisdiction)

1. The membership terms are construed in accordance with the laws of Japan.

2. The Tokyo District Court has exclusive jurisdiction in the first instance over disputes arising between us and members in relation to the Service or the membership terms.

Supplementary provisions