HENNGE One Terms of Service
This HENNGE One Terms of Service ("TOS") sets forth the content as well as the terms andconditions to provide the HENNGE One ("Service") which has been developed and provided
by HENNGE K.K. (“HENNGE”) in order to improve the email transmission as well as
usability of other electronic devices of Customer. Customer shall accept the content of TOS
and agree to comply with the terms and conditions herein as it utilizes the Service bysubmitting the HENNGE-designated application form to HENNGE.
Article 1 (Scope of TOS)TOS shall be applied to all Customers who utilize the Service.
Article 2 (Establishment of Individual Agreement)
1. Customer shall, upon its consents to TOS, issue a purchase order form, stating the name ofthe service(s) to utilize, the number of accounts, and so on.
2. Individual Agreement for the Service shall be deemed as established when Customer issues
the purchase order form as set forth in the preceding paragraph and HENNGE declares its
intention to accept the order.
3. If HENNGE fails to respond within five (5) business days from the date of receipt of thepurchase order form as set forth in Paragraph 1, the declaration of its intention to accept the orderis deemed as made upon expiration of such five-day period.
4. In the event of any contradiction between the content of TOS and Individual Agreement, theprovisions of Individual Agreement shall prevail.
Article 3 (Service Content)
1. Service shall mean either a part or all of the (1)HENNGE Email DLP, (2)HENNGE EmailArchive, (3)HENNGE Access Control, (4) HENNGE Secure Browser, (5)HENNGE Device
Certificate, (6)HENNGE Lock, (7)HENNGE Secure Transfer, (8)HENNGE Cloud Protectionand (9)HENNGE SMTP Relay Service. The details of each service shall be defined in the
Paragraph 1 of the exhibit hereto.
2. HENNGE shall provide Customer with such support service as set forth in the Paragraph 3
and Paragraph 4 of the exhibit hereto as an ancillary service to the Service.
Article 3 part 2 (HENNGE Early Access Program)
1. HENNGE Early Access Program (“HENNGE EAP”) is a program that allows customers totest new features, products, and services developed by HENNGE (“The betas)”) before they
are officially sold. By agreeing to this TOS, you agree to participate in the HENNGE EAP and

to

be

bound

by

the

"HENNGE

Early

AccessProgram

TermsofService"(https://support.hdeone.com/hc/ja/articles/ 4402391851417, “HENNGE EAP TOS”).
2. The betas are not included in the Service, and the HENNGE EAP Terms of Service shalltake precedence over the TOS with respect to participation in the HENNGE EAP and trial useof each beta in the HENNGE EAP.
3. The betas are not included in the scope of the support services specified in exhibit 3 and exhibit
4.

Article 4 (Linkage with External Service)
1. As the Service is provided, Customer may link and utilize an external service platform which
is approved by HENNGE (“External Platform Service”) in conjunction with the Service;provided however HENNGE provides no guarantee that such linkage and utilization of theService in conjunction with the External Platform Service will work in actuality.
2. HENNGE shall not be liable in any manner or form with respect to any damage which may
arise due to failure of the External Platform Service.
3. Matters related to Google Workspace(*1) provided by Google LLC shall be subject to Google
Workspace

Terms

of

Service(https://workspace.google.com/intl/ja/terms/2013/1/premier_terms.html).
For any matter which is not set forth in the Google Workspace Terms and Conditions for Use,TOS shall apply mutatis mutandis.
4. Matters related to Microsoft 365(*2) provided by Microsoft Corporation shall be subject to
Microsoft Service Agreement (https://www.microsoft.com/ja-jp/servicesagreement/).For any
matter which is not set forth in the Microsoft 365 Terms and Conditions for Use, TOS shall apply
mutatis mutandis.
5. Matters related to Cybertrust Device ID(*3) provided by Cybertrust Japan Co., Ltd. shall be
subject

totheCybertrust

Device

ID

Terms

of

Use

(https://www.cybertrust.co.jp/deviceid/repository/CybertrustDeviceiD_Terms_v2.0.pdf). For any
matter which is not set forth in the Cybertrust Device ID Terms of Use, TOS shall apply mutatis
mutandis.
6. Matters related to F-Secure Elements for Microsoft 365 (*6) provided by F-Secure Corporation
shall be subject to the following terms and conditions of the license terms (https://www.fsecure.com/en/legal/terms) and other regulations of F-Secure K.K.. For any matter which is not
set forth in the license terms and other regulations of F-Secure K.K., TOS shall apply mutatis
mutandis.
7. Matters which are related to external service platforms which are not granted by HENNGE to
be linked and utilized shall be subject to the terms and conditions for use and so on of the relevant

service providers. For any matter which is not set forth in such terms and conditions for use, TOS
shall apply mutatis mutandis.
Article 5 (Notice of Change)
In the event of any change in information which was set out in the application form andsubmitted to HENNGE, Customer shall promptly update such change by utilizing the
HENNGE's designated change form whenever such change takes place.
Article 6 (Minimum Use Term)
1. Minimum use term of the Service shall be one (1) year commencing from thecommencement date which is separately set forth in Individual Agreement.
2. In the event that Customer wishes to terminate Individual Agreement prior to expiration of
the minimum use term as stated in the preceding paragraph, unless otherwise provided in
TOS, Customer shall pay HENNGE the penalty whose amount is equal to the service fee forthe remaining period of the minimum use term.
Article 7 (Renewal)
The Use Agreement shall be automatically renewed for a period of additional one (1) year
under the same terms and conditions unless either HENNGE or Customer expresses
otherwise no later than one month prior to the expiration date of Individual Agreement andthe same shall apply thereafter.
Article 8 (Service Fee)
1. Customer shall pay following fees and charges to HENNGE as it utilizes the Service;(1) Subscription Fee - Fee and processing charge for initial configuration of the Service.
(2) Service Fee – Compensation to utilize the Service.
2. Payment terms for the Subscription Fee and the Service Fee shall be separately determined
and agreed in Individual Agreement.
3. Subscription Fee and the Service Fee which are paid by Customer to HENNGE shall not
be refundable for any reason unless otherwise set forth in TOS.
4. Customer shall pay the Service Fee as well as any consumption tax and other taxes
assessed thereon for the full subscribed term even during the period of time when the Service
may not be available to Customer in accordance with the provisions of the Article 14 and 15
herein; provided however in the event that the time period when the Service is totallyunavailable to Customer ("Downtime") due to reasons as set forth herein comes to more than
five (5) business days from the beginning of each month until the end of such month, Service
Fee for such number of days of Downtime as well as any consumption tax and other taxes

assessed thereon shall be waived (any fraction less than one (1) day of Downtime shall be
rounded up).
Article 9 (Configuration and Maintenance of Facilities to Utilize Service)
1. Customer shall, at its own cost and responsibility, set up and manage Customer's facilities
in such a manner that they are compliant to conditions designated by HENNGE and shallmaintain such environment to utilize the Service.
2. Customer shall, at its own cost and responsibility, connect its facilities to the internet
utilizing the telecommunication service provided by any telecommunications carrier in order
to utilize the Service.
3. In the event of any problem with Customer's facility, internet connectivity or with any
environment which are set forth in the preceding paragraph to utilize the Service, HENNGE
shall have no obligation to provide the Service to Customer.
4. HENNGE may be able to take any necessary actions, such as to monitor, analyze, andinvestigate all the data and log data (“Customer Data”) which are provided or transmitted
through the Service by Customer's officers and employees, and/or any other parties who are
authorized to utilize the Service by Customer based on the provisions hereof ("Users") in theevent that HENNGE determines as necessary from maintenance, operation, or technical pointof view in relation to the Service.
Article 10 (Utilization by Users)
1. Utilization of the Service shall be limited to a legal entity, group, or an organization which
Customer belongs to.
2. As Customer makes the Service available to Users, Customer shall, under its own
responsibility, explain to Users the conditions of the Service to be provided hereunder,
obtain their consent, and shall be liable for such Users' compliance with the same obligations
as Customer bears hereunder.
3. Customer shall consent that Users' utilization of the Service shall be deemed as the
Customer's own utilization of the same and shall be liable for all the events which take placeon such Users' end. In the event that Users breaches any of the items listed in the Paragraph
1, Article 26 herein, which are the prohibited matters, Customer shall immediately cure suchbreach.
Article 11 (User ID and Password)
1. Customer may not lend or share its user ID and password with any third party except that
Customer discloses such information to Users and shall strictly manage the user ID andpassword to prevent leakage to any third party. HENNGE shall not be liable for any damage

incurred by Customer or by any other party due to mismanagement, misuse or overuse, or
use by a third party of the user ID and password.
2. In the event that any third party utilizes the Service under Customer's user ID andpassword, HENNGE will deem such use as Customer's own use and Customer shall be liable
for any and all financial consequence incurred by such use. Also, in the event that HENNGE
incurs any damage due to such use, Customer shall compensate the damage unless such third
party's use of user ID and password is due to reasons attributable to HENNGE.
Article 12 (Backup)
Customer shall, under its own responsibility, save and back up the Customer Data which isset forth in the Paragraph 4, Article 9 herein. Except the cases where HENNGE bears special
obligations as set forth in Individual Agreement, HENNGE shall not be liable for any
storage, saving, or backing up of Customer Data.
Article 13 (Specification Change or Service Content Change)
1. HENNGE shall be entitled to change the content, utilization method, or update theversions of the Service to improve the functionalities or add or modify the features (“Service
Change”) without Customer's consent and at HENNGE's sole discretion.
2. Among the Service Change, such changes which affect Customer’s operation method
and/or Customer’s utilization environment such as those require substantial changes of userinterface and/or changes of the service URL, HENNGE shall provide a prior notice toCustomer; provided however in the event of emergency Service Change or Service Change
due to inevitable reasons, such prior notice may not be available.
3. Customer shall, at its own responsibility and cost, make any necessary change or
adjustment of Customer's environment such as the configurations of Customer's appliances
and alike which may become necessary for Customer to continue to utilize the Service as aresult of the Service Change.
Article 14 (Suspension of Service)
1. In the event of either of the following cases, HENNGE is entitled to suspend the Service;(1) Inability to utilize the facility which is set up by HENNGE to provide the Service("HENNGE Facility") or the facility of a telecommunications carrier or other party(ies)which is utilized to provide the Service (“Facility of Telecommunications Carrier andOthers”) due to maintenance, inspections, construction work or failure of such each facility;(2) Inability to utilize HENNGE Facility or the Facility of Telecommunications Carrier andOthers due to power outage or other inevitable reasons;(3) Circumstances where HENNGE or the telecommunications carrier may not provide theService, such as the government authorities' decisions, war, subversive activities, armed
conflicts, embargo, fire, flood, or other serious disasters, pandemic, strikes or other labor
dispute, stoppage or delay of transportation, failure, stoppage, or delay of any third party's
service or communication methods which are not attributable to the supplier of theinfrastructure, attacks by viruses and alike, denial-of-service attacks, mass transmission of
spam mails, failure of any third party software, unavailability of raw materials, supplies,
power supply, or appliances which are necessary to provide the Service, and any otherreasons when the Service needs to be suspended; and(4) Any other reason which HENNGE determines as suspension of the Service is necessary.
2. In the event that the Service needs to be suspended in accordance with the preceding
paragraph, HENNGE shall provide Customer a prior notice; provided however in the eventthat such prior notice is not available due to emergency or other reasons, HENNGE shallprovide a notice as soon as practicable.
3. In the event that HENNGE becomes aware of any failure with the HENNGE Facility,
HENNGE shall immediately notify Customer and make efforts to repair or recover the
HENNGE One Service without delay.
4. When HENNGE becomes aware of any failure with the Facility of Telecommunications
Carrier and Others which is leased to HENNGE in order to connect to the HENNGE Facility,
HENNGE shall instruct the telecommunications carrier and other relevant parties which
provide the Facility of Telecommunications Carrier and Others to repair or recover it.
5. In the event of any problem with respect to provision of the Service, Customer and
HENNGE shall notify each other without delay and take necessary measures which are to betaken by each party upon consultation by both parties to determine such measures.
6. HENNGE shall not be liable for any damage incurred by Customer due to suspension of
the Service which is set forth in the Paragraph 1.
Article 15 (Restriction of Use of Service)
In the event of any emergency situations including but not limited to natural disasters or any
possibility thereof, HENNGE may, based on the Article 8 of the Telecommunications
Business Act of Japan, take measures such as to partially suspend the utilization of theService in order to prevent disasters or to facilitate rescues, transportation, communications,or to secure power supply or to give priorities to emergency communications which arenecessary to maintain the order of the society or for public interests. In such case, theprovision of the Paragraph 6 of the preceding article shall apply mutatis mutandis.
Article 16 (Guarantee of Service Availability)

1. Among any of the service which consists the Service, in the event that the functionalitiesof the services which are covered by the service level guarantee ("Guaranteed Services")
become unavailable and the monthly operational rate falls lower than a certain level,
HENNGE shall, partially reduce the amount which will be charged to Customer for the
renewal term of Individual Agreement if such renewal is made, based on Customer's
reduction request, after the date of such reduction request.
2. The details of the Guaranteed Services, operational rate, as well as the reduced amountshall be set forth in the Paragraph 6 of the exhibit hereto.
Article 17 (Discontinuation of Service)
1. HENNGE may discontinue the Service, whole or a part, at its discretion at any time.
2. In the event of any discontinuation of the Service, whole or a part in accordance with thepreceding paragraph, HENNGE shall provide Customer with at least six (6) months' priornotice. But in the case HENNGE Cloud Protection , HENNGE shall provide Customer withat least one (1) month' prior notice
3. In the event that the Service is discontinued, whole or a part, HENNGE shall, after suchdiscontinuation date, refund Customer the amount which is equal to the Service Fee andconsumption tax thereon calculated for the number of days of Customer's inability to use theService due to such discontinuation (any fraction less than one (1) day shall be rounded up)
from the Service Fee which was already paid by Customer.
Article 18 (Termination of Individual Agreement by Customer)
1. Customer may terminate Individual Agreement by sending HENNGE at least one-monthprior notice from the date of its desired termination in a designated manner by HENNGE.
2. Customer shall, upon arrival of the notice as set forth in the preceding paragraph at
HENNGE, immediately pay any unpaid Subscription Fee, Service Fee and/or late payment
penalties, if any.
3. In the event of termination by Customer as set forth in the Paragraph 1, unless otherwise
specified herein, Customer shall pay HENNGE a penalty whose amount is equal to the Service
Fee for the remaining period of the effective term as set forth in Individual Agreement.
Article 19 (Process upon Termination of Individual Agreement)
1. Upon termination of Individual Agreement, Customer shall promptly delete the software
which was provided by HENNGE in order to utilize the Service as well as any related data(including any software, materials and copies thereof, whole or a part, which may be stored
in the facilities which were set up by Customer in order to utilize the Service; same applies
hereafter) under Customer's responsibility.

2. Upon termination of Individual Agreement, HENNGE shall promptly delete the materials
and copies thereof, whole or a part, which may be stored in the HENNGE Facility by
Customer in order to utilize the Service (“Tenant Data”).
3. HENNGE shall not be liable for any damage incurred by Customer or any third party inrelation to the deletion of the Tenant Data after termination of Individual Agreement.
Article 20 (Stoppage of the Service and Termination of Individual Agreement)
1. In the event that any of the following takes place to Customer, HENNGE may stop
providing the Service or terminate Individual Agreement without notice;(1) If Customer ceases payment or if any note or check issued or underwritten by Customer
is dishonored;(2) If a petition for bankruptcy, civil rehabilitation, corporate reorganization or special
liquidation is filed;(3) If a petition for provisional seizure, seizure, provisional disposition or auction is filed;(4) If merger, dissolution, whole or a substantial part of business transfer, or discontinuationof its business is resolved;(5) If Customer interferes with the operation of the Service or defames HENNGE;(6) If Customer engages in an act to interfere with any third party's utilization of the Service
or there is a possibility that Customer engages in such act;(7) If any false statement by Customer is discovered in the application form; or(8) If Customer is in breach of TOS as well as Individual Agreement (except for minor
breach).
2. Service Fee during such period when the Service is stopped in accordance with thepreceding paragraph shall remain payable by Customer.
3. In the event that Individual Agreement is terminated in accordance with the Paragraph 1
herein, Customer shall lose the benefit of time in relation to any debt Customer owes to
HENNGE and such debt shall become immediately due and payable by Customer to
HENNGE.
4. In the event that any of the following takes place to HENNGE, Customer may terminate
Individual Agreement without notice;(1) If HENNGE ceases payment or if any note or check issued or underwritten by Customer
is dishonored;(2) If a petition for bankruptcy, civil rehabilitation, corporate reorganization or special
liquidation is filed;(3) If a petition for provisional seizure, seizure, provisional disposition or auction is filed;(4) If merger, dissolution, whole or a substantial part of business transfer, or discontinuation

of its business is resolved by HENNGE; or(5) If HENNGE defames Customer.
5. In the event that Individual Agreement is terminated, regardless of the provisions of theParagraph 1, Article 6 or the Paragraph 3, Article 8, HENNGE shall refund the amountwhich is equal to the Service Fee and consumption tax thereof calculated for the remaining
number of days (any fraction less than one (1) day shall be rounded up) of the effective term
as set forth in Individual Agreement.
Article 21 (Subcontract)
HENNGE may subcontract to any third party, its necessary work to provide Customer with
the Service, whole or a part, at HENNGE's sole discretion. In such case, HENNGE shallensure that its subcontractor shall comply with the same obligations as HENNGE bears
hereunder and HENNGE shall be responsible to supervise its subcontractor.
Article 22 (Intellectual Property Rights)
All the intellectual property rights including but not limited to copyrights, patents,
trademarks in relation to the Service, any other service which is necessary to provide theService, as well as any copyrighted material and technology shall remain the properties of
HENNGE and their original right holders.
Article 23 (Assignment of Rights and Obligations)Customer may not license, assign or transfer or any of its rights nor obligations in relation toutilization of the Service nor offer them as security to any third party nor cause any third
party to succeed them without prior written consent by HENNGE.
Article 24 (Damage Compensation)
In any event HENNGE's entire liability to any damage incurred by Customer due to reasons
attributable to HENNGE shall not exceed the total amount of Service Fee which was actually
paid to HENNGE by Customer during the twelve months period retroactively calculated
from the date when the relevant damage occurred.
Article 25 (Disclaimers)
1. Except as otherwise specified herein, all the information, contents, and services available
to Customer through HENNGE shall be provided on "as is" basis and HENNGE shall makeno warranties whatsoever, express or implied. Customer is deemed to have agreed andaccepted to utilize the Service under its own responsibility.
2. HENNGE's liability in relation to or arising out of the provision of the Service shall belimited to the scope specified by the preceding article regardless of their reasons and in no
event whether in default, tort, nor regardless of the cause of action, shall HENNGE be liable
for any damage incurred by Customer or Users due to following reasons;(1) Force majeure such as natural disasters, riots, and public disturbance;(2) Problems in Customer's network environment such as problems of Customer's facility orinternet connection service failure to HENNGE Facility or to the Facility of
Telecommunications Carrier and Others;(3) Damage due to performance values of the internet connection service, such as responsetime from HENNGE Facility or from the Facility of Telecommunications Carrier and Others;(4) Damage due to Customer's or Users’ non-compliance of HENNGE's designatedprocedures and/or security measures;(5) Damage due to services provided by any other third party than HENNGE;(6) Compulsory dispositions based on the provisions of Criminal Procedure Code or laws
related to communication interception for criminal investigations, court orders or based on
applicable laws and regulations; or(7) Any other reason which is not attributable to HENNGE.
3. HENNGE shall not be liable for any dispute between Customer and any third party which
was caused due to Customer’s or Users' utilization of the Service.
Article 26（Prohibited Matters）
1. Customer shall be prohibited from the following conducts in relation to utilizing theService;(1) Infringe HENNGE or any third party's intellectual property rights such as copyright,
trademark, or any other rights, or such conduct which is likely to cause infringement of suchrights;(2) Alter or delete the content of the Service or any information which may be madeavailable by the Service;(3) Make the Service available to any third party in breach of TOS;
(4) Share one user ID among multiple people; provided however it shall not apply in theevent that the number of user IDs which are applied by Customer is larger than total numberof actual Users;(5) Act in violation of laws and regulations or public order and morality or to cause harm to
HENNGE or any third party;(6) Discriminate, dishonor, or defame others;(7) Act which is or may be linked to a crime, such as a fraud;(8) Transmit or upload obscene, child-pornographic, or child-abusive images and/or
materials;

(9) Open chain mail accounts or solicit thereof;(10) Utilize the Service pretending to be somebody else (spoofing);(11) Transmit or upload malicious computer programs, such as computer viruses, worms, orTrojan Horses;(12) Send unsolicited advertising or promotional emails or send spam emails and otheremails which are or which may be annoying to a third party;(13) Act which may cause problems to utilization or operation of a third party facility or
HENNGE Facility or act which is likely to cause such problems;(14) Unauthorized access to the HENNGE website, services, and other related network; or(15) Copy any HENNGE Device Certificate;(16) Provide links in such a manner or a purpose to encourage any act knowingly that suchact falls under either of those listed above,;
2. When either of such conduct as listed above come to Customer's knowledge or suchconduct may be anticipated by Customer, Customer shall immediately notify HENNGE.
3. In the event that HENNGE comes to know that Users' conduct which fall under either ofthe items listed in the paragraph 1 above, or information provided by Users is related to anyof the conduct which falls under either of the items in the said paragraph, HENNGE shall beentitled to stop the Service, whole or a part, or delete any information which is affected bysuch conduct; provided however that HENNGE shall have no obligation to monitor Users'
conduct or the information (including Customer Data and other contents) which is provided
or transmitted by User (which may be deemed as use by Customer).
4. In the event that HENNHE stops providing the Service, whole or a part, based on thepreceding paragraph, the provision of the Paragraph 2, Article 20 herein shall apply mutatis
mutandis.
Article 27 (Resale)
Customer may be able to utilize the Service for the sole purpose of its own use and may not
utilize the Service without prior written consent from HENNGE to incorporate as a part ofCustomer's service to be provided to a third party or as another service provided by
Customer or as an ancillary service to such services provided by Customer, whether suchservice is charged or free-of-charge.
Article 28 (Amendment of TOS)
1. HENNGE may amend TOS or change the content of or partially discontinue the Service at
any time without obtaining consent from Customer and Users separately and individually.
2. Amendment of TOS as set forth in the preceding paragraph shall take effect on the date ofsuch amendment and the amended TOS shall apply to Users who utilizes the Service after such
effective date.
3. In the event that HENNGE amends TOS, HENNGE shall provide Customer at least one
month prior notice on its web support site; provided however it shall not apply to minor
amendment which shall not cause any disadvantage to Customer, such as modifications of
the wording.
Article 29 (Notice)
1. Any notice from HENNGE to Customer shall be sent by email or be announced on its web
support site unless otherwise specified herein or in TOS.
2. Based on the preceding paragraph, in the event that HENNGE provides a notice toCustomer by email or announcement on its web support site, such notice shall take effect at
the time of arrival of such email at Customer or posting such announcement on its web
support site.
Article 30 (Protection of Information)
1. HENNGE shall not, in providing the Service, disclose to or provide any third party with any
information which is acquired from Customer nor utilize such information beyond the scope
which is necessary to prevent unauthorized utilization or to provide, develop, improve andpropose the Service.
2. Notwithstanding the foregoing, HENNGE may disclose information obtained from
Customer to a third party in case of either of the following;(1) Customer's prior consent is obtained;(2) Such disclosure is based on applicable laws and regulations;(3) Such disclosure is necessary to protect human life, body or assets and obtaining Customer’s
consent is difficult; or(4) Such disclosure is particularly necessary to improve public health or to promote soundupbringing of children and obtaining Customer’s consent is difficult.
(5) In the event that HENNGE is required to cooperate with governmental institutions or
local governments, or any party which is entrusted thereby to fulfill their work based on theapplicable laws and regulations and such fulfillment of work may likely to suffer an adverse
effect by obtaining Customer's consent.
3. In the event that Customer is in breach of TOS or engages in any conduct to disturb theprovision of the Service, HENNGE may utilize the information related to Customer orprovide it to a third party to the extent necessary in order to ensure smooth provision of theService.

Article 31 (Protection of Personal Data)
HENNGE, in principle, shall not handle personal data (which is prescribed in the Article 2 of the
Act on Protection of Personal Information of Japan) of Customers in providing the Service.
However, in the following cases, HENNGE may conduct business with the provision of customer
personal data.
(1) As HENNGE undertakes the configuration work on behalf of Customer based on Customer’s
request while providing the “HENNGE One Onboarding Support” in the service;(2) As HENNGE undertakes the configuration work on behalf of Customer based on
Customer’s request to Customer who utilizes the HENNGE Email DLP or HENNE AccessControl or HENNGE Secure Transfer;(3) As HENNGE receives error information and other information to examine as a result ofanalyzing Customer’s mails, utilizing the mail analysis program created by HENNGE based on
Customer’s request;(4) as HENNGE monitors, analyzes, examines, and investigates the Customer Data based on theprovision of the Paragraph 4, Article 9 herein.
Article 32 (Elimination of Anti-social Forces)
1. HENNGE and Customer hereby represent and warrant that the parties themselves, theirofficers (including their advisors, consultants, executive officers and those who factuallyparticipate in the management of the entities regardless of their titles), their employees andUsers do not and will not fall under either of the following ("Anti-social Forces) "as well as
they do not and will not have any relationship with Anti-social Forces;(1) "Boryokudan" gangsters, members or associated members of Boryokudan gangsters,
Boryokudan-affiliated companies, professional troublemakers at stockholders' meetings(Sokaiya), new gangs pretending to be social activists, organized crime-related specialists
and alike" listed in the "Measures Against Organized Crimes" published by the National
Police Agency of Japan and other similar type of people;(2) those who have strong personal, financial, and/or economic relationship with such people
as listed above, such as providing funds or benefits to them, or utilizing them in order to gain
unfair advantages;
2. HENNGE and Customer covenant that they will not engage in or cause any third party(including Users) to engage in any of the following conducts;(1) Conducts resorting to fraudulent method, violence, or menacing speech;(2) Illegal conducts or making undue demands;(3) interference of others' businesses;(4) defamation of others; and/or

(5) any other similar conduct to those as listed above;
3. HENNGE and Customer shall cooperate in the event that the other party requests any
necessary measures to counter any of such conduct listed in the preceding paragraph; also,either party shall respond within a reasonable period of time in the event that one party
notifies of the possibility of the other party's violation of any paragraph herein.
4. Either HENNGE or Customer may immediately terminate Individual Agreement without
notice in the event that other party is in violation of either of the paragraph herein (including
when the response provided based on the preceding paragraph is not reasonable) without
incurring any liability to the other party.
Article 33 (Court of Jurisdiction)
Any dispute related to utilization of the Service between Customer and HENNGE shall begoverned by and construed in accordance with the laws of Japan and shall be submitted to
the Tokyo District Court as the exclusively agreed jurisdictional court of first instance.
Article 34 (Consultation)
All issues that are not set forth in TOS or all disputes, controversies or differences which
may arise between the parties, out of or in relation to or in connection with TOS shall be
resolved by the parties after discussion in good faith.

Exhibit
Each provision herein applies in relation to the services for which Customer has submitted apurchase order form to HENNGE;
1. Service Menu
(1) HENNGE Email DLP:HENNGE Email DLP is a service to prevent missending of emails from Exchange
Online(*2) or Google Workspace Gmail for Business Web Mail Service(*1) under thecondition that the mail sending does not exceed the limit outlined in the following article(https://support.hdeone.com/hc/ja/articles/360017461194).
(2) HENNGE Email Archive:
HENNGE Email Archive provides a long-term email backup storage service in auxiliary to
the email storage provided by Exchange Online(*2) or Google Workspace Gmail for
Business Web Mail Service(*1). The service will archive sent and received emails if andonly if the total number of messages do not exceed 4,000 per user per day and the email isunder a certain size that can be successfully indexed.
(3) HENNGE Cloud Protection: Uses F-Secure Elements for Microsoft 365 (*6), and detects
dangerous email accounts and malicious inbox rules in Microsoft 365 emails. Advanced
Threat Detection runs suspicious files in a quarantined virtual sandbox environment andprovides advanced security analysis services.
(4) HENNGE Access Control:
Provides access control service to be utilized for single sign-on, restriction of access, and soon.
(5) HENNGE Secure Browser:
Provides application to securely utilize such devices as PCs, tablets, and smartphones.
(6) HENNGE Device Certificate (*Optional)
Provides access control service by using Cybertrust Device ID(*3), install HENNGE Device
Certificate in a device and specify available HENNGE Device Certificate.
(7)HENNGE Lock
HENNGE Lock is an application for login confirmation or being the hub for reading the
HENNGE Device Certificate when users login to HENNGE Access Control.
(8) HENNGE Secure Transfer:
Provides service which allows a sender User or a receiver User to download files from theweb service which are uploaded by them to the web service within such limitations as up to acertain capacity and the number of downloads.
(9) HENNGE SMTP Relay Service (*Optional)
Provides SMTP service for transmission relay and service to send mails via the SMTP

service for transmission relay up to a certain flow rate and other ancillary services.
2. Terms of Provision
・To use this service, you need to meet the requirements which are described in following
article.
Supported environments for HENNGE One
https://support.hdeone.com/hc/en-us/articles/360004121574
3. Onboarding Support
・ The Onboarding Support Scope is limited to the followings.
❏

General guide and instruction documents about the our service features.

❏

The standard information or documents that are required during the implementation

phase.
❏The proposal to satisfy customer requirements during the implementation or theutility phase.
❏

The initial setup during the implementation phase.

The following tasks are beyond the scope of the Onboarding Support.
(Those tasks that are out of the scope is not limited to the examples given in the following.)❏

Project managing tasks such as issue management and schedule management.

❏

Customization of the standard information or sample programs that are specific toparticular requirements❏

Tasks related to configuration, connection and operation testing of external services

such as Microsoft 365(*2), Google Workspace(*1) or Active Directory(*2).
・ Other Information for the Onboarding Support❏

We will receive inquiries Emails via the support window between 10:00~18:00

HENNGE business days (excluding Saturdays, Sundays, Japan National Holidays and anyother HENNGE holidays).
❏

We may take longer to respond to more sophisticated inquiries.

❏

Meetings will be conducted remotely if necessary.

❏

If the issues that arise during the Onboarding Support phase is caused by services

provided by other companies (e.g. Microsoft Corporation / Google LLC), we may request
you to redirect the inquiries to corresponding support windows.
4. Support Menu and Conditions of Support

ItemsContent

Notes
HENNGE business days (excluding
Saturdays, Sundays, national
10:00〜18:00

holidays and other HENNGE
holidays) in principle.
*Same day response is notguaranteed.

Japan
24 hours support in case ofDomestic

emergencies, such as major
Support24 hours (ForTimeemergencies)

technical problems and recovering
the service shall be the highest
priority. During outside of service
hours, however, update is provided
on the status dashboard.
24 hours support. Cases which are
not classified as "High" in terms ofOverseas

24 hours

priority, however, will be supported
during Japanese business hours.
*Same day response is notguaranteed.
During outside of service hours,
requests only for cases which areclassified as "High" in terms ofpriority as described in the

AcceptingJapan

SupportandRequestOverseas

following paragraph 5 of this exhibit
Telephoneby both parties shall be accepted.
Among requests and inquiries which
are made outside of service hours,
cases which are classified as"Medium" and "Low" shall be only
accepted on the same day and theirsupport shall commence from thenext business day or later.
*The contact phone number shall be
notified upon commencement of theservice.
Accepted 24 hours. However please
note that responses are made during
Japanese business hours.
Emails*Contact us by telephone in case of
emergencies.
*The contact mailing address shallbe notified upon commencement of
the service.
Regular Support:
Only for such problems whichcannot be resolved by Customers'

All functionalities of
Coveragethe Service and alltechnical problems of
the Service

referring to the operational manualand the web support site.
Emergency Support:
Only for cases which are agreed as"High" in terms of priority as
described in the Paragraph 5 of thisexhibit by both parties shall be
accepted.

Number ofCustomer's
SupportCustomer's liaison interfacing with
No more than 1

HENNGE for support issues shall be
no more than one person.

Liaison

Setup service (including Support
Setup

Contents of the setup service

Plus) is a service HENNGE One

Serviceincluding Support Plus

support staff can access customer’s
HENNGE One environment as aproxy and configure the settings on
the customer’s behalf.
Target Services
HENNGE One support staff will
carry out the necessary settingchanges on behalf of the customer inaccordance with the customer's
requirements on the admin page ofthe following three services.
1.HENNGE Access Control
2 HENNGE Email DLP
3. HENNGE Secure Transfer
Special note
・In order to avoid access tosensitive information (such as single
sign-on settings, user password
reset, etc.), the HENNGE One
support staff may refuse to work on
your request.
・In principle, all customers will beserved on a first-come, first-served
basis.
・We would not prepared a specificapplication form, but customers
must provide their own work
instructions for the setup.
・The HENNGE One support staff
may confirm the requirements withthe customer if there is anything
unclear.
・The minimum response time is 3
business days for minor
configuration changes, and 10

business days for major
configuration changes, dependingon the busy season.
・Although we take the utmost carewhen configuring customer’s
environment, we always ask ourcustomers to verify the operation of
the changes by themselves.
・This is not a service that promisesa desired date for all customers.
*Use of Cybertrust Device ID or other external services for purposes other than HENNGE
One is outside the scope of the support description above.
5. Case Management and Initial Response Time
(1) Case Management and Definitions of Priorities
HENNGE shall manage the support cases based on the relative priorities and deal with themaccordingly.
Priorities are determined based on the following criteria;✓ Problems which affect the continuity of Customer's business by interruptionof the service functionality;
High✓ Problems which may cause loss of Tenant Data or security issues;✓ Other problems which are agreed as high priority between Customer and
HENNGE;✓ Requests for setting change (Setup service including Support Plus)

Medium✓ Problems with workaround solutions;✓ Problems which manifest under certain conditions;✓ Inquiries on general operational procedures, settings, and functionalities;

Low✓ Inquiries, requests and other matters which are not urgent;✓ Inquiries regarding support knowledge;*Priorities may be adjusted after investigation by the HENNGE One support staff.
e.g., Revising the priority from "High" to "Medium" after workaround is found and provided.
*Regardless of the criteria, resolution may take several days due to necessary investigations

and analysis.
(2) Target Initial Response Time by Priority
HENNGE sets the Target Initial Response Time by priority. In order for our initial response
to be precise and relevant, it is mostly appreciated that Customer provides as muchinformation as possible with respect to the problem, such as its impact and scope, whether it
can be reproduced or not, what steps to take to reproduce, and so on.
High

Targeted to provide within 2 business hours of initial response and HENNGE'sbiggest focus is to recover the service.

MediumTargeted to provide within 6 business hours of initial response.

Low

Targeted to provide within 8 business hours of initial response.

6. Guarantee of Service Availability
HENNGE guarantees the availability of its services as specified below, which is the basic
policy for all HENNGE One plans.
(1) Guarantee of Availability
HENNGE guarantees 99.9% of service operation rate.
(2) Covered Services
Services which are covered by the guarantee of availability shall be as follows in terms ofeach service menu.
Service Menu

HENNGE
Email DLPHENNGE
Email Archive

HENNGE
Access Control

Service which are covered
SMTP mail reception service of the SMTP service for transmission
relay; SMTP mail transmission service of the SMTP service fortransmission relay
SMTP mail reception service of the SMTP service for transmission andreception as well as archive relay; SMTP mail transmission service of
the SMTP service for transmission and reception as well as archive relay

Single sign-on service via HTTPHENNGE

File upload service via HTTP

Secure Transfer

File download service via HTTPHENNGE

SMTP mail reception service of the SMTP service for transmission

SMTP Relay

relay

Service(3) Definition of Operation Rate•

Operation rate is calculated by subtracting the total of the downtime rate and theundelivered mail rate from 100%. If they are caused by the same factor, thelarger of the two will be used for calculation.
oDowntime rate is dividing the total downtime minutes of each month by
the total operation minutes of the month.
§

Downtime period shall mean the timeframe when the Downtime
which lasts for more than 10 minutes which is detected by the
HENNGE monitoring system. Downtime which is less than 10
minutes will not be counted as the Downtime period.

§

Downtime shall mean the total of time when the covered service
is completely suspended due to any failure or problem. Under thesituation where mail deliveries are delayed or access to thedesired console is temporarily slow or difficult, but the service
continuity is not affected even with partial technical failure or a
problem, such period shall not be considered as the Downtime,
while HENNGE shall work hard to resolve such failure or
problems.

o

The undelivered mail rate is defined as the rate of the number ofundelivered mails divided by the total number of mails sent on a monthly
basis.
§

Undelivered mail is defined as mail for which HENNGE has
detected a loss of customer mail data due to HENNGE's fault
within the HENNGE facilities, and for which HENNGE has
determined that it is technically impossible to recover the data.

§

The services for which the undelivered mail rate is calculated are
HENNGE Email DLP and HENNGE Email Archive.

•Downtime rates and undeliverable email rates caused by, or related to, thefollowing factors will not be measured in the calculation of uptime rates.;o Article 14 and 15 of TOS;o Unavailability or delay of SMTP due to third party's flow limitation;o Infinite loupe of mails due to Customer's designated or authorizedtransfer settings and alike by Customer or any third party;o Inaccessibility due to Customer's environment, such as Customer's
internet network and firewall;o Failure of the Internet which hinders access to Customer's account;o DNS-related problems which are beyond HENNGE or
telecommunication service provider's control;o Inaccessibility to the administrator console;o Customer's acts or omissions（or of any third party designated or
authorized by Customer）;

o In spite of actual availability, access is seemingly unavailable due to
DNS cache issues and alike;o Inability of the Single Sign-on access due to issues taking place at theservice provider; ando Failure or delay in mail transmission due to erroneous detection by major
DNSBL(4) If the event that monthly operational rate becomes less than 99.9%, HENNGE shall
reduce its yearly Service Fee of Individual Agreement as follows;
Monthly Operational Rate

Reduction of Fees for the Next Contractual Term

99.0% or more but less than

5% of the monthly charge calculated based on the yearly

99.9%

contractual amount

97.0% or more but less than

10% of the monthly charge calculated based on the yearly

99.0%

contractual amount

95.0% or more but less than

25% of the monthly charge calculated based on the yearly

97.0%

contractual amount

90.0% or more but less than

50% of the monthly charge calculated based on the yearly

95.0%

contractual amountLess than 90.0%

100% of the monthly charge calculated based on the yearly
contractual amount*1. Google Workspace, Gmail™ web mail service and Chrome are trademarks or registeredtrademarks of US Google LLC in the United States and other countries.
*2. Microsoft 365, Exchange Online, Edge and Active Directory are trademarks or registeredtrademarks of US Microsoft Corporation in the United States and other countries.
*3. Cybertrust and Cybertrust Device ID are trademarks or registered trademarks of US
Cybertrust Inc or Cybertrust Co.,Ltd..
*Safari is a trademark or a registered trademark of US Apple Inc. in the United States andother countries.
*5. Firefox is a trademark or a registered trademark of US Mozilla Foundation in the UnitedStates and other countries.
*6. F-Secure Elements for Microsoft 365 is a trademark or a registered trademark of F-Secure
K.K..