TokyoMate Terms of Service
User's Acknowledgment and Acceptance of Terms
Overview of our Services
To ensure the quality of the TokyoMate experience we have set up our terms of service for our mutual benefit. If you violate these rules it will mean you've broken the terms of service and this may result in a termination of your account.
Tasks and concierge requests are non-transferable. Please do not sell or give away tasks on your plan. However you are more than welcome to buy a plan for your friends, family and loved ones — they'll be super grateful, and so will we. Your TokyoMate account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person.
All TokyoMate plans are governed by a monthly hour limit by plan type. If these hours are unused by the next billing cycle, the hours will not carry over to the next cycle.
All TokyoMate plans are recurring subscriptions that can be canceled at any time.
Any agreement or attempted agreement between client and assistant, in connection with a service contract, requiring that payment be made outside of TokyoMate shall constitute a material breach of this agreement and be subject to cancellation without refund.
Ownership and Confidentiality of Work Product
If a Virtual Assistant creates anything original for you, such as research projects, reports, templates, spreadsheets, forms, etc. ("Work Product"), TokyoMate grants to you a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product for your own personal and commercial purposes.
To avoid doubt, you retain sole ownership of your confidential information and your intellectual property and, to the extent your confidential information or intellectual property is incorporated into the Work Product, it will be removed prior to any use or disclosure by TokyoMate to a third party.
As used in these Terms of Service, your confidential information means non-public information that you provide to TokyoMate or a Virtual Assistant that you reasonably expect TokyoMate to keep secret, including your personal information (i.e., your name, your credit card information, and similar information), but does not include information that (1) becomes generally available to the public other than an unauthorized disclosure by TokyoMate or a Virtual Assistant; (2) was or becomes available to TokyoMate or a Virtual Assistant on a non-confidential basis prior to your disclosure of the information to TokyoMate or a Virtual Assistant; (3) is independently developed by TokyoMate or a Virtual Assistant without using your confidential information; or (4) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect TokyoMate's rights or property, or the rights or property of Virtual Assistants or our other clients. As used in these Terms of Service, your intellectual property means patents, trademarks and copyrights owned by you and any insights, knowledge, and ideas provided by you in connection with creation of the Work Product.
Guarantee & Warranty
In no event shall TokyoMate or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on TokyoMate's website, even if TokyoMate or a TokyoMate authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Further, there is no warranty on any of the information, tasks, or projects your Virtual Assistant completes for you. What we will promise is that we'll do our best to provide the most accurate, most effective information available and we’ll refer you to professionals where we think it’s appropriate. However, if we give you information or results that are wrong, although we'll be deeply sorry, you can't hold us liable for it (or the results) legally or morally — we're sorry!
If you leave us, we'll miss you dearly but we won't hold you back. Monthly memberships can be canceled at any time, though we are unable to prorate membership cancellations or refund due to unused time. All cancellation requests will go into effect at the end of your current monthly subscription. To cancel, just email your assistant or downgrade from your TokyoMate account.
Termination of Service
We reserve the right to terminate the service of a TokyoMate client at any time — for any reason. Should this occur, we will give you a prorated refund at the standard monthly rate for any period for which you have already paid. That means that rarely and under great duress we may end our relationship with a client for any number of reasons including but not limited to the following:
- If the client is constantly requesting tasks outside the scope of their service plan and we're unable to find a solution by scaling back the requests
- If the client is disrespectful or abusive to their assistant or any other TokyoMate team member
TokyoMate Terms of Service Non-solicitation Provision
I acknowledge that TokyoMate has made substantial investments in recruiting, training and matching skilled TokyoMate assistants with each of its members including me, and that TokyoMate has a legitimate interest in earning a reasonable return on those investments. I also acknowledge that TokyoMate has agreements with TokyoMate assistants that protect this interest by requiring that TokyoMate assistants obtain TokyoMate's prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with the TokyoMate member to whom they were assigned. Accordingly, to the fullest extent permitted under applicable law, I agree that during my membership and for a period of twenty four (24) months immediately following the termination of my relationship with TokyoMate for any reason, whether voluntary or involuntary, with or without cause, I shall not directly or indirectly solicit any TokyoMate assistant who is assigned to me at that time or who was assigned to me within the six months preceding termination of my relationship with TokyoMate to leave his or her employment with TokyoMate and to work for me in any engagement directly or indirectly. Should any solicitation by me become a substantial factor resulting in a TokyoMate assistant leaving TokyoMate and accepting an engagement with me directly or indirectly without TokyoMate's consent, I agree to pay TokyoMate as liquidated damages reasonably calculated to compensate TokyoMate for its lost investments and not as a penalty of any kind, a one-time recruitment fee equivalent to 75% of the yearly salary of the Virtual Assistant.
Data Rights and Protection
TokyoMate has the utmost respect for our customers’ privacy and information protection. Given the ever changing regulatory environment, we strive to stay ahead of the curve. In our mission to ethically and lawfully serve our customers we have the following policies in place in order to adhere to international and domestic law:Timely Breach Notification:
In the event of a data breach, TokyoMate will notify our associated data controllers and customers within 72 hours. In addition to outlining the nature of the breach, the breadth, and actions involved to remedy the situation will be detailed.Right to Data Access:
If at any time a customer wishes to access his or her existing data profile, TokyoMate will provide a free electronic copy of the data we collected about that customer. This report will also include the various ways the information has been used.Right to Be Forgotten:
If at any time a customer discontinues their relationship with TokyoMate, the customer can request that his or her personal data is wholly erased from our records.Data Portability:
This gives users rights to their own data. Customers will be able to obtain their data from TokyoMate in an electronic report and reuse that same data in different environments outside of ours.
TokyoMate may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
These terms and conditions are governed by and construed in accordance with the laws of Japan and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.