FraD Terms of Service
Section 1 – Application
- The Terms shall apply to all relationships related to the use of the Service between the User and the Company.
- The Company may stipulate additional terms (the Individual Terms) other than the Terms, such as rules for using the Service. The Individual Terms shall form part of the Terms, regardless of the name by which they are called.
- If the provisions of the Terms conflict with the provisions of the Individual Terms, the provisions of the Individual Terms shall prevail, unless otherwise specified in the Individual Terms.
Section 2 - User Registration
- A person who wants to use the Service shall agree to the Terms, and apply for user registration in the manner specified by the Company. The registration shall be completed by the Company approving it and providing one or more user ID(s) and password(s) for the person to log in to the Website.
- The Company may not accept an application for user registration if the Company judges that the application falls under either of the following cases, where the Company shall not be obligated to disclose any reasons for such non-acceptance:
- The applicant provides false information in user registration;
- the applicant has violated the Terms in the past; or
- any other cases where the Company deems inappropriate.
Section 3 - User ID and Password Management
- The User shall request the issuance of a user ID and password for each business site where they wish to use the Service. The Company will grant them to the User if it deems appropriate to do so.
- The User shall properly manage their user ID(s) and password(s) upon their own responsibility.
- The User shall use each of their user IDs and passwords only for the corresponding business site for which the User has requested registration, and shall not transfer or lend them to other business sites, or share them with other business sites, even if the User itself uses the Service. The User shall notify the Company each time the User wants to change or add a site where the User uses the Service.
- The User shall not, under any circumstances, transfer or lend their user ID and password to a third party, or share them with a third party. When a user ID and password combination that matches the registered information is used to log in, the Company will recognize the use of the Service to be by the User who has registered that user ID.
- Except in the case of willful misconduct or gross negligence on the part of the Company, the Company shall not be liable for any damage incurred by the User or a third party due to the use of the User’s user ID and password by a third party.
Section 4 - Contract for Use of the Service
- The User who wishes to use the Service shall understand and agree to all the conditions of use, precautions, and necessary provisions for the Software posted on the Website (the Conditions of Use), log in to the Website with the user ID and password assigned to the business site where the User wishes to use the Service, and apply to the Company for use of the Service in accordance with the Company's specified method.
- The Company, upon receipt of an application as described in the preceding clause, shall consider whether to accept the application. If the Company approves the application, the Company will grant access authorization to the Service to the User's user ID. At the time the Company grants the access authorization, the service agreement for use of the Software between the Company and the User (the Service Agreement) shall be deemed as executed. Once the Service Agreement has been completed, the content of service may not be changed unless otherwise approved by the Company.
- The content, fees, compliance and other details of the use of the Software shall be in accordance with the Conditions of Use posted by the Company on the Website.
Section 5 - Software User License and Method of Use
- The Company shall grant to the User who has entered into the Service Agreement a non-exclusive right to use the Software in Japan (the Software License).
- The User can, after concluding the Service Agreement, use the Software at a business site corresponding to the user ID by logging in to the Website with the user ID and password.
- The User shall acquire only the Software License under the Service Agreement, and all other rights (including but not limited to copyrights) in and to the Software shall belong to the Company or the licensor.
Section 6 - Prohibitions on Use of the Software
The User shall not perform any of the following without the prior written consent of the Company:
- Duplication of the Software;
- sublicensing or transferring the Software, or transferring or subleasing its copies to a third party;
- allowing a third party other than the User (including a person in the same organization who belongs to a business site other than the business site where a user ID is assigned) to access and use the Software; or
- modification or analysis activity such as reverse engineering of the Software.
Section 7 - Provision of Images
- To use the Software, the User shall prepare the image data to be analyzed (the Target Image Data) by itself and upload it to the Service via the Internet.
- The User shall grant to the Company perpetual, royalty-free, and worldwide rights to reproduce, adapt, publicly transmit and use in other manners, and to sublicense such use to a third party the Target Image Data that the User uploads to the Website for the purpose of improving the Software or otherwise enhancing the Service.
- The User warrants that it has full rights to grant the permission described in the preceding clause with respect to the Target Image Data and it does not infringe upon any rights of any third party, including copyrights and moral rights.
Section 8 - Payment of Use Fee
- The User shall pay the prescribed software use fee (the Fee) to the Company as specified in the Conditions of Use by the prescribed method.
- In no event shall the Company be obligated to refund the Fee paid by the User for any reason.
Section 9 - Confidentiality
The User shall manage non-public information obtained through the use of the Service strictly as confidential information. The User shall not provide, disclose, or divulge such information to any third party without prior consent of the Company, and shall not use such information for any purpose other than the use of the Service.
Section 10 - Prohibited matters in the Service
In addition to those stipulated in “Section 6 Prohibitions on Use of the Software”, the User shall not perform any of the following acts in using the Service:
- Acts that violate laws and regulations or public order and morals;
- acts related to criminal acts;
- acts that infringe on copyrights, trademarks, or other intellectual property rights contained in the Service, including the content of the Service;
- acts that disrupt or interfere with the functionality of the servers or networks of the Company, other users, or other third parties;
- commercial use of information obtained through the Service;
- acts that may interfere with the operation of the Company’s services;
- acts or attempts that access to the Website unauthorizedly;
- collecting or accumulating personal or other information related to other users;
- using the Service for fraudulent purposes, or a purpose that differs from the original purpose of providing the Service;
- acts that cause disadvantage, damage, or discomfort to other users of the Service or other third parties;
- impersonating another user;
- advertising, publicity, solicitation, or sales activities on the Website that are not authorized by the Company;
- acts that provide benefits directly or indirectly to antisocial forces in relation to the Company’s services; or
- other acts that the Company deems inappropriate.
Section 11 - Suspension of Providing the Service and Other Related Matters
- The Company may suspend or discontinue provision of all or part of the Service without prior notice to the User if the Company determines that any of the following reasons exist:
- Maintenance inspection or updating of the computer system is to be performed;
- providing the Service is difficult due to force majeure, including an earthquake, lightning strike, fire, power failure, or natural disaster;
- computers or communication lines related to the Service have accidentally shut down; or
- the Company determines that providing the Service is difficult.
- The Company shall not be liable for any disadvantage or damage suffered by the User or a third party due to suspension or interruption of the provision of the Service.
Section 12 - Restriction of Use and Cancellation of Registration
- The Company may restrict the User from using all or part of the Service or cancel the user registration if the User falls under any of the following:
- The User violates any provision of the Terms;
- a false fact has turned out in the registered information;
- there is a default in payment of the Fee and other debts;
- the User has not responded to communication from the Company for a certain period of time;
- the Service has not been used for a certain period of time since the last use; or
- the Company determines that the use of the Service is inappropriate.
- The Company shall not be liable for any damages incurred by the User as a result of the Company’s actions under this Section 12.
Section 13 – Cancellation
- The User may quit using the Service at any time by submitting a request to the Company in accordance with the procedures specified by the Company, and the registration will be cancelled at the time when the Company approves the request.
- Upon cancel of the membership, if there are any debts owed to the Company, the User will naturally lose the benefit of time with respect to all such debts, and shall immediately pay all such debts to the Company.
Section 14 - Disclaimer of Warranty and Liability
- The Company makes no warranty, express or implied, that the content of the Service, including use of the Software, will be free from defects in fact or law (including, but not limited to, defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, and security, errors or bugs, and infringement of rights).
- The Company shall not be liable for any damage incurred by the User due to an accident in the process of using the Software or any other damage caused by the Service, except in the case of intentional or gross negligence on the part of the Company.
- In no event shall the Company be liable for damages arising out of special circumstances (including cases in which the Company or the User foresaw or could have foreseen the occurrence of damages), among damages incurred by the User as a result of default or tort due to the negligence (excluding gross negligence) of the Company. Compensation for damages incurred by the User due to default or tort caused by the Company's negligence (excluding gross negligence) shall be limited to the amount of the Fee received from the User within one month of the occurrence of such damages.
- The Company shall not be responsible for any transactions, communications, or disputes that arise between the User and other users or a third party in connection with the Service.
Section 15 - Claim for Infringement of Rights
In the event that a third party files against the User that the User has infringed the intellectual property rights or other rights of the third party in connection with the use of the Software, the User shall promptly notify the Company of the fact and details of such claim. If the User receives a request from the Company for resolving a matter related to such claim, the User shall cooperate with the Company to the extent necessary to resolve the matter.
Section 16 - Change of Content of the Service and Related Matters
The Company may change, add, or discontinue the content of the Service with prior notice to the User. The User shall agree to accept such changes, additions, or discontinuation.
Section 17 - Modification of the Terms of Service
- The Company may modify the Terms without the individual consent of the User in the following case:
- The modification of the Terms is in the general interest of the User; or
- the modification of the Terms is not contrary to the purpose of the Service Agreement and is reasonable in light of the necessity of the modification, the reasonableness of the modified contents, and other circumstances pertaining to the modification.
- In modifying the Terms in accordance with the preceding clause, the Company will notify the User in advance of the modification, the content of the modified Terms, and the effective date of the modification.
Section 18 - Handling of Personal Information
Section 19 - Notification or Communication
Notification or communication between the User and the Company shall be made by the method determined by the Company. Unless the User notifies the Company of changes by a method separately specified by the Company, the Company will assume that the currently registered contact address is valid and send the notice or communication to that address, which will be deemed to have reached the User at the time of dispatch.
Section 20 - Prohibition of Transfer of Rights and Obligations
The User shall not transfer its rights or obligations under the Service agreement or the Terms to any third party or offer them as collateral without the prior written consent of the Company.
Section 21 - Governing Law and Jurisdiction
- The interpretation of the Terms shall be governed by the laws of Japan.
- In the event of any dispute arising in connection with the Service, the court having jurisdiction over the location of the Company's head office shall have exclusive jurisdiction.
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