The terms of service stipulate the relationship between EDVEC Co., Ltd., (hereinafter called "we, our, or us") and all users of the AI Level Check Test Service (hereinafter called "the Test") provided through a web site on the Internet (hereinafter called "the Site"), which we have developed and have been operating.
Chapter 1 General Rules
Article 1 (Definitions)
1. Each of the terms used in the Terms of Service shall be defined as follows:
(1) The term "you or your" or "user" shall mean any individual or organization who has registered to use the Test or provide the Test to other individuals or organizations by completing the procedures provided by us after accepting the Terms of Service.
(2) The term "the Test" shall mean an AI Level Check Test Service, which we provide via the Internet.
Article 2 (Notice and Agreement relating to Terms of Service)
1. We will from time to time inform you of any matter related to the Test by posting such matters on the Site or informing you in any other way that we regard as proper (hereinafter called "Notice").
2. The Notice specified in Section 1 shall become effective immediately after we provide the Notice as set forth in the Section above.
3. You shall be deemed to have accepted the provisions of the Terms of Service when you activate your account or login on the relevant page of the Site or when you consent to the provisions of the Terms of Service in any other way that we specify.
Article 3 (Additions and Amendments to the Terms of Service)
1. We shall be entitled to make any additions or amendments to the Terms of Service as appropriate.
2. If we otherwise stipulate any additional provision, such provision constitutes part of the Terms of Service.
3. If any additions or amendments to the Terms of Service are made according to Section 1, such additions or amendments shall become effective on the day we give Notice to you. The terms and conditions for the Test after the day such addition or amendment becomes effective, unless otherwise stipulated, shall be based on the Terms of Service.
Chapter 2 Use of the Test
Article 4 (Use of the Test)
1. Anyone who wishes to use the Test or provide the Test to other individuals or organizations, must activate their account as prescribed by us after accepting the provisions of the Terms of Service.
Article 5 (Registration Procedure for User)
1. Unless we deny your use of the Test under Section 1 of Article 6 below, we shall provide the Test to you with your ID and password.
2. With your ID and password you will be able to continue to access Test results even after you have ceased using the Test. This ID and password will be maintained at the discretion of EDVEC Co. Ltd.
3. You accept that your Test result information will not be deleted from the Site even after you have ceased using the Test.
Article 6 (Denial of Use)
1. In the event of any of the following, we shall be entitled to deny your use of the Test. In that event, we shall inform you of our decision to deny use of the Test.
(1) In the event of a breach of the Terms of Service relating to the Test or prior denial of use of the Test.
(2) If we consider that it is improper for you to use the Test for any reason other than mentioned in (1) above.
2. In the event that you fall under one of the conditions above, even after an ID and password are assigned to you, we shall be entitled to terminate your use of the Test and invalidate your ID and password by giving Notice.
Article 7 (Notification of Change)
1. You shall promptly give us notice if you change your e-mail address and other contact details.
2. We shall have no responsibility at all even if you have trouble using the Test due to any failure to give to us the notice mentioned above.
Chapter 3 Use of the Test
Article 8 (Management of ID and Password)
1. You shall use your ID and password only for your own use, shall not allow any other third party to use such ID and password, and shall not lend, transfer, or provide as collateral such ID and password to such third party.
2. You shall be responsible to use and manage your ID and password properly when using the Test, and any damage arising from the use of such ID and password by any third party shall be borne by you. We shall assume no responsibility whatsoever regarding fraudulent use, loss, etc. of the ID and password that you manage.
3. You shall immediately inform us if your ID and password are known to or used by any person other than you, and if we direct you how to deal with such event, you shall follow our instructions.
Article 9 (Conditions of Use)
1. You shall comply with the Terms of Service when using the Test.
2. You shall not disclose to any other third party any information you have obtained by using the Test.
3. You are deemed to have allowed us to have a right to perform the duplication, public transmission, assignment, lending, adaptation, etc. of any information (including recorded voice and image, which is the same as below) that you sent us without charge when using the Test, and any right regarding secondary work using such information (these rights include a right to allow a third party to use such information). You also shall not exercise your moral right regarding the information above against us or any third party designated by us. If any third party other than us uses the information above without obtaining our consent, we shall assume no responsibility whatsoever with respect to any damage suffered by you arising from such event.
Article 10 (Installation and Maintenance of User's Devices, etc.)
1. You shall use the Test after preparing a computer, software, and a communications device, which are necessary to use the Test, as well as all other equipment necessary to run them, and connecting your computer to the Internet, at your own expense and responsibility.
Article 11 (Approval of Use)
1. We shall provide the Test containing content whose intellectual property rights, such as copyright or trademark, we own, or content that we have obtained the right to use from those who hold the intellectual property rights.
2. We allow you the right to copy any published work provided when using the Test only for your own use.
3. We shall not, though we provide the Test, grant to you any patent rights, trademark, or copyright we own, or any rights regarding confidential information, excluding the provision of Section 2 above.
Article 12 (System Management)
1. We shall manage and maintain our equipment, such as the server, necessary to provide the Test in an efficient manner.
Chapter 4 Change, Suspension, etc. of the Test
Article 13 (Prohibited Use)
1. You shall not be involved in the following or related acts when using the Test.
(1) Misuse Your ID and password.
(2) Assign, lend, or provide as collateral your ID and password to any third party.
(3) Share your ID and password with another person.
(4) Use or provide any harmful program such as a computer virus through the Test or in relation to the Test.
(5) Copy or change any published work obtained by using the Test without obtaining our consent except as provided by Section 2 of Article 11.
(6) Grant the right to reuse any information on the Site and related to the Test to any third party, and distribute, assign, lend, or provide as collateral such information to such third party.
(7) Reverse engineer, decompile, or disassemble any software used for the System or the Test.
(8) Carry out or prepare activities through the Test or in relation to the Test for the purposes of profit-making business without obtaining our consent.
(9) Violate or potentially violate any of our intellectual property rights or any rights of any third party related to the Test.
(10) Discriminate against, insult or defame any third party, or harm such third party's reputation or credibility.
(11) Commit or be likely to commit any criminal act or anything of that nature.
(12) Work for any election campaign or the like, whether or not it is during the campaign period.
(13) Conduct any activity related to sex-related business, religion, and politics.
(14) Besides the acts mentioned above, the breach of any law or ordinance, the Terms of Service, or public order and morals (prostitution, violence, cruelty, etc.); prevent the proper running of the Test; harm our credibility; infringe on our property rights; or place us in a disadvantageous position.
(15) Encourage any of the acts mentioned above.
(16) Besides the above, conduct any act that we consider improper.
Article 14 (Suspension and Revocation of Right of Use)
1. We shall be entitled to suspend or terminate the use of all or part of the Test by you without giving any notice to you, if we decide that you are conducting or likely to conduct any of the acts specified in Article 13 above.
2. If the use of the Test is suspended or terminated under Section 1 above, we shall not refund the use fee you have already paid to us.
Article 15 (Change, etc. of the Test)
1. We may change the name of the Test without giving any notice to you.
2. We shall be entitled to make any change or addition to the contents of the Test, or stop providing the Test without giving any notice to you. If, however, it is apparent that you will suffer damage due to such change or stoppage despite your having a right to continue using the Test, we shall have the responsibility to refund to you up to the difference between the usage fee you have paid for the Test service and the amount of the unused part of your Test service.
Article 16 (Temporary Suspension of Provision of The Test)
1. We shall be entitled to suspend the provision of all or part of the Test to you for a necessary period if any of the following occurs, provided that as a rule, we shall inform you of such event in advance or after the fact.
(1) If the maintenance, etc. of our equipment, etc. is necessary to provide the Test properly.
(2) If we are unable to provide the Test due to force majeure including fire, power failure, acts of God, and national emergency.
(3) If we are unable to provide the Test because the communications carrier suspends or stops its communications service.
(4) If besides the above, we consider it necessary to suspend the Test for an operational or technical reason.
2. If we are unable to provide the Test to you because there is a shortage of equipment necessary to provide the Test, we may restrict the use of the Test by you until such shortage is resolved.
3. If the provision of all or part of the Test to you is suspended or the use of the Test by you is restricted, the term of your usage right shall be extended for the suspended or restricted period.
4. In the event of any delay, suspension, etc. of the provision of the Test due to any of the causes mentioned in Section 1 above or any other cause, we shall not be liable for any damage suffered by you or a third party due to such event. However, if there is any delay, suspension, etc. of the provision of the Test caused by intention or material negligence by us, our representative, or another user without complying with the Terms of Service, we shall have the responsibility to compensate you for any damage suffered by you due to such event. In addition, if there is any delay, suspension, etc. of the provision of the Test caused by any negligence other than material negligence by us, our representative, or another user, we shall have the responsibility to refund to you up to the difference between the usage fee you have paid for the Test service and the amount for the unused part of your Test service.
Article 17 (Restriction on Use of the Test)
1. We may, in our sole discretion, restrict your access to the Test when we consider it necessary to do so while monitoring the use of the Test regarding its operation.
Article 18 (Termination of Provision of Use of the Test)
1. We may terminate the provision of all or part of the Test subject to prior notice to our subscribers. We may, however, do so without prior notice only if absolutely necessary.
2. We shall have no responsibility at all regarding any damage suffered by you or a third party, caused by the termination of the Test. However, if such termination is caused by intention or material negligence by us, our representative or another user without complying with the Terms of Service, we shall have the responsibility to compensate you for any damage suffered by you due to such event. In addition, if such termination of the provision of the Test is caused by any negligence other than material negligence by us, our representative, or another user, we shall have the responsibility to refund to you up to the difference between the usage fee you have paid for the Test service and the amount of the unused part of your Test service.
Article 19 (Termination of Terms of Service)
1. If you do not fulfill your obligation according to the Terms of Service, we shall send a peremptory notice to you during the considerable time period we specify, but then if such obligation is not yet fulfilled, we shall be entitled to terminate the Terms of Service with you or terminate the provision of the Test to you.
2. Notwithstanding the provision of Section 1 above, if any of the following happens to you, we shall be entitled to terminate the Terms of Service with you, or stop the provision of the Test to you without sending any peremptory notice to you.
(1) If you stop payment, or file a petition at a court under the insolvency or civil rehabilitation proceedings.
(2) If you are disciplined with suspension of business at the bill clearing house.
(3) If there is an application to the court against you for provisional seizure, provisional injunction, compulsory execution, or if the proceedings of the foreclosure sale of your collateral start or your collateral starts to be foreclosed.
(4) Besides the above, if there occurs any event which we think does not allow you to continue using the Test.
3. In case of Section 1 or 2 above, the ID and password given to you may be invalid, or the use of the Test by you may be suspended or terminated.
4. We shall have no responsibility at all even if you cannot use the Test because we take any of the measures described in Section 1, 2, or 3, and as a consequence, you or any other third party may suffer damage.
Chapter 5 Handling of Confidentiality and Personal Information
Article 20 (Confidentiality)
1. Neither party (you or us) shall, unless otherwise set forth herein, disclose or leak to any third party any information or document disclosed by the other party, and any information regarding the other party obtained by entering into and implementing the Terms of Service, except any of the types of information described below. In addition, with respect to personal information, the parties shall comply with the provision of Article 21 or 23.
(1) Any information that either party is permitted to disclose by the other party in advance.
(2) Any information that has already been in the public domain at the time of disclosure or that thereafter becomes part of the public domain without any fault attributable to the receiving party.
(3) Any information that the receiving party itself already has, or has already obtained from a third party at the time of disclosure.
(4) Any information that either party has obtained from a source not associated with the other party.
Article 21 (Personal Information)
1. We handle as personal information any of the types of information described below that we have obtained in relation to the provision of the Test, and from which a specific person can be identified.
(1) Registered information necessary to use the Test, such as student ID, e-mail address, etc.
(2) Any information regarding transactions including billing of the Test fee, etc.
(3) The ID and password we have given to use the Test.
(4) Any information including remarks, questions, and answers made while the Test is in progress.
(5) Any information recorded while the Test is in progress, including information such as login/logout, progress in the Test, Test results, etc.
(6) Besides the above, any information regarding inquiries and applications, etc. to us, and our answers and responses to them, by means of e-mail, telephone, fax, mail, etc.
Article 22 (Use of Personal Information)
1. We shall use personal information set forth in the Article above for the following purposes. In addition, we share personal information set forth in the Article above with third parties for the following purposes.
(1) To provide the Test.
(2) To carry out any work associated with the Test, such as billing the Test fee.
(3) To carry out a survey and analysis of how the Test is being used.
(4) To carry out research, development, sales promotions, and advertising for our Tests.
2. The administrator in charge of managing personal information is as follows: EDVEC Co., Ltd.
We shall not disclose to any third party personal information set forth in the Section above, except for the following.
(1) If we disclose our information as statistical data that cannot identify any specific person, with the view to grasping how the Test is being used.
(2) If otherwise agreed by you with respect to the disclosure of personal information.
(3) If we handle personal information through a third party whom we outsource such operation with the view to achieving the intended purposes specified in Section 1 above.
(4) If we are requested to disclose personal information under laws and ordinances or by government institutions, etc.
(5) If personal information is passed to a third person as part of the trade assets as a result of transfer of business, corporate separation, merger, etc.
(6) If we share personal information with a specific third party, and if the intended purposes, such specific third party, and the name of the person in charge of managing personal information have already been given notice or disclosed.
(7) If personal information is disclosed to a certified public accountant(s), an attorney(s), etc. with the legal obligation to protect confidentiality.
(8) If the disclosure of your personal information is needed to protect a human life (lives) or body (bodies), or property, and at the same time it is difficult to obtain your consent.
(9) If such disclosure is needed to improve public health or promote sound development of children, and at the same time it is difficult to obtain your consent.
Article 23 (Management of Personal Information)
1. We shall observe our compliance program based on the Law concerning the Protection of Personal Information and relevant laws, the "Requirements for Compliance Program on Personal Information Protection (JISQ15001)", a Japan Industrial Standard (JIS), and other regulations and handle your personal information under strict management.
2. The person in charge of managing the personal information we have obtained promotes our compliance program in Section 1 properly. We also try hard to instruct and educate our employees to understand the importance of personal information protection and handle such information properly. Furthermore, we shall conduct an audit on such handling regularly and improve such handling.
3. We shall take proper protective and corrective measures to prevent any unauthorized access to, loss of, destruction of, falsification of, and leakage, etc. of your personal information.
4. We shall do our best to keep precise and updated the personal information we have obtained, always manage such information properly, and appoint an administrator in charge of dealing with such information.
5. If we outsource the handling of the personal information we have obtained, we will put an obligation on our outsource to perform the same information management as we do, and supervise it to ensure that it safely manages such personal information.
6. If you wish to make the confirmation, change, or deletion of your personal information, we shall handle such request to the extent reasonable. If you make such request, please contact the following:
EDVEC Co., Ltd.
E-mail:info@edvec.co.jp
Chapter 6 Others
Article 24 (Principle of Self-responsibility)
1. You are liable for any damage suffered by us and any third party arising from all of your acts related to the use of the Test with your ID and password and from those consequences.
2. If you are given notice of an inquiry, complaint, etc. by a third party as a result of your use of the Test, you shall handle and resolve such a problem under your own responsibility and expenses and then immediately give us written notice of the fact that there was such an inquiry, complaint, etc., and of what it was and how you handled it.
3. If there occurs any request, doubt, or complaint against any act by a third party regarding the use of the Test, you shall directly inform such third party of the fact, and then immediately give us written notice of what you provided to such third party. You shall handle and resolve that consequence under your own responsibility and expense.
4. If your use of the Test causes any damage to us or a third party, you shall compensate for any damage (including attorney's fees) under your own responsibility and expense and shall indemnify us from any liability.
Article 25 (Indemnity)
1. The contents of the Test shall be what we can provide at the time of doing so.
2. Though we do our best to maintain the integrity, accuracy, right, certainty, availability, etc. of the information contained in the Test, we shall not at all assure you of the integrity, accuracy, right, certainty, availability, etc. of both any information contained in the Test and any information on any web site linked to the Site. In addition, we shall not accept any legal liabilities including defect warranty liability (including any concealed defect) in relation to any information contained in the Test. However, if any damage is caused to you due to any concealed defect in the Test (excluding any information contained in the Test), we shall have the responsibility to refund to you up to the difference between the usage fee you have paid for the Test service and the amount of the unused part of your Test service if such damage arises within six (6) months after we provide the ID and passport to you.
3. We shall not guarantee to you that the functions contained in the Test satisfy the requirements of all the users, or that there is no stoppage or error while running the Test.
4. We shall have no responsibility at all regarding any damage suffered by you arising from using the Test (including any damage attributable to problems with a third party), or any damage suffered by a third party. If, however, such damage is caused by intention or material negligence by us, our representative, or another user, we shall have the responsibility to compensate you for any damage suffered by you due to such cause. In addition, if such damage is caused by any negligence other than material negligence by us, our representative, or another user, we shall have the responsibility to refund to you up to the difference between the usage fee you have paid for the Test service and the amount of the unused part of your Test service.
5. We shall bear no responsibility whatsoever regarding any damage suffered by you or a third party because the Test could not be used for reasons such as the delayed provision of the Test, and restricted access to, change, termination, suspension, etc. of the Test. If, however, the delayed provision of the Test and the access, change, termination, suspension, etc. of the Test are caused by intention or gross negligence by us, our representative, or another user without complying with the Terms of Service, we shall have the responsibility to compensate you for any damage suffered by you due to such event. In addition, if the delayed provision of the Test, and the restricted access to, change, termination, suspension, or etc. of the Test are caused by any negligence other than material negligence by us, our representative, or another user, we shall have the responsibility to refund to you up to the difference between the usage fee you have paid for the Test service and the amount of the unused part of your Test service.
Article 26 (Implementation by Third Party)
1. With respect to our operations, and the implementation of our rights and obligations as set forth in the Terms of Service, we may delegate part of such tasks to any third party, a distributing agency, who has entered into a distributorship agreement with us.
Article 27 (Prohibition of Assignment, etc. of Rights, etc.)
1. You shall not assign, lend, or provide as collateral to any third party any right or obligation arising out of or in connection with the Terms of Service or your position specified by the Terms of Service.
Article 28 (Jurisdiction and Proper Law)
1. Both parties shall be subject to the exclusive agreement jurisdiction of the Yokohama District Court in the first instance.
2. The Terms of Service shall be governed in all respects by the laws of Japan.
Article 29 (Consultation)
1. In the event of any dispute between the parties arising out of or in connection with the Test, the parties shall consult with each other in good faith.
Article 30 (Survival)
1. In the Terms of Service, Article 3, Article 8, Article 9, Section 3 of Article 11, Article 13, Section 2 of Article 14, Section 4 of Article 16, Section 2 of Article 18, Section 4 of Article 19, Article 20 or 24, Section 2 or 5 of Article 25, and Article 26 or this Article 30 shall survive the termination of the Terms of Service.
Supplementary Provision
The Terms of Service will become effective on December 1, 2021.