Article 1 (Definition)
The definitions of terms used in these Terms and Conditions are as follows:
(1) "the Company" refers to Macnica
(2) "This Service" refers to the "Macnica Manufacturing and Sales Approval Checker" and technical support provided by the Company.
(3) "Customer" refers to a person who uses the Service and applies to use the Service through the specified method.
Article 2 (Application of these Terms)
1. These Terms and Conditions stipulate the legal rights and obligations applicable to your use of the Service.
2. If there are other terms and conditions related to this service, you shall use the service in accordance with the provisions of those terms and conditions. If there is a difference between the provisions of these Terms and Conditions and those terms and conditions, the provisions of those terms and conditions shall take precedence.
Article 3 (Establishment of the Service Agreement)
1. If you wish to use this service, you shall apply to the Company by the prescribed method.
2. Upon receipt of an application as described in the preceding paragraph, the Company will perform the prescribed confirmation and screening. If it is determined that the contents of the application and the screening criteria are not met, the application for use of the Service may be rejected. 3.
3. A contract for use of the Service is established at the time the customer begins use of the Service. If the customer does not start using the Service, the contract for use of the Service shall be formed as of the earlier of the date of provision of information necessary for starting use of the Service or the date of notification of the start of use by the Company if there is a scheduled start of use date stated in the application form, or the date of provision of information necessary for starting use of the Service or the date of notification of the start of use, if there is no scheduled start of use date stated in the application form. In this case, the date of establishment of the contract for use of the Service shall be the earlier of the date on which the information necessary for the start of use of the Service is provided by or the date of notification of the start of use.
Article 4 (Terms of Use of the Service)
1. The unit of calculation for the use of this service and the usage fee shall be as set forth in the application form.
2. Customers may use the Service up to the quantity specified at the time of application.
3. This Service may be used by the Customer's Member of the Board or employees (including temporary employees) and Member of the Board or employees (including temporary employees) of its subsidiaries as defined by the Companies Act.
4. Customers shall use this Service only within Japan.
5. Customers are responsible for managing their own IDs, passwords, and other information required to use the Service.
6. You may not grant any third party any rights relating to the use of the Service (whether for a fee or free of charge, and regardless of the method of transferring or lending your account).
Article 5 (Technical Support Contents)
1. Technical Support shall be provided as follows: (1) Technical and operational matters related to the Covered Services (generally within the scope described in the manuals)
(1) Technical and operational matters related to the Services (generally within the scope described in the manuals) (1) Answers to inquiries concerning technical and operational matters related to the service in question (generally within the scope described in the manuals)
(2) Inquiries from customers shall, in principle, be made by the administrator.
(3) Customer inquiries shall be handled by e-mail.
(4) Hours of operation are 9:00 a.m. to 5:00 p.m. (excluding Saturdays, Sundays, national holidays, and holidays designated by the Company).
(2) Technical support will be provided in Japanese.
3. The following support is not available.
(1) Inquiries regarding the use of the Services in environments other than those recommended by the Company
(2) Support for inquiries regarding Customer's equipment
(3) On-site support that requires a business trip to a location designated by the customer.
the Company (4) Proxy operation of the service from the Company, except in the event of a failure of the service.
(5) Problems caused by the Customer's willful misconduct or gross negligence.
(6) Other cases in which the Customer requests support from the Company that is contrary to the contents of the Covered Services or other cases in which the Customer requests support from the Company that is contrary to the contents of the Covered Services
the Company will respond to inquiries in good faith to the Customer's satisfaction, but does not guarantee that all problems will be resolved through Support. the Company will respond to inquiries in good faith to the Customer's satisfaction, but does not guarantee that all problems will be resolved through Support. However, we do not guarantee that all problems will be resolved through support.
the Company In providing technical support, the Company may request the customer's cooperation in investigating the cause of a problem, such as checking the situation in order to determine the cause of the problem. We may ask you to cooperate with our investigations, such as by cooperating with us in such requests. If you do not cooperate with such requests, the Company may not be able to respond appropriately to your inquiries. If the customer does not cooperate, the Company may not be able to respond appropriately to the inquiry. In addition, the Company may not be able to respond to inquiries if the Company determines that the Service cannot be provided effectively due to reasons such as usage of the Service by the customer that the Company determines that the Service cannot be provided effectively due to usage of the Service by the customer. In the event that the Company determines that is unable to provide the Service effectively due to reasons such as the availability of the Service, may not be able to respond to inquiries. 6.
the Company the Company 6. If the customer requests operational support or consulting other than technical support from the Company, the customer requests operational support or consulting other than technical support from the Company, the customer shall separately discuss the details with the Company or the Company partner and enter into a contract with or partner, the customer shall separately discuss the details with or partner and enter into a contract with or partner and enter into a contract with or partner and enter into a contract with or partner. In this case, a contract shall be concluded after discussing the details with the or partner.
Article 6 (Period of Use)
1. The period during which the Customer may use the Service shall be as specified in the Application Form.
2. If the Customer wishes to continue using the Service after the expiration of the period set forth in the preceding paragraph, the Customer shall submit a renewal procedure to the Company in writing at least two months prior to the expiration date of the period.
3. Unless otherwise specified in these Terms or the application form, the Customer may not cancel the contract during the usage period. If the Customer cancels the contract during the usage period with the consent of the Company, the Company.
Article 7 (Consideration for this service)
1. Customers shall pay the fee for the Service (hereinafter referred to as the "Usage Fee") set by the Company.
2. Payment shall be made by bank transfer to the financial institution designated by the Company, and bank transfer fees shall be borne by the customer.
3. In principle, the usage fee will not be calculated on a pro rata basis even if the establishment, cancellation, or suspension of the service agreement for this service occurs in the middle of a month.
4. If the fee is not paid beyond the payment due date set by the Company, the Company shall have the right to charge late interest in an amount calculated at the rate of 14.6% per annum based on the number of days from the day after the payment due date to the day before the payment date.
5. the Company may revise the service fees due to reasons such as changes to the Service. In such cases, the Company will notify the Customer at least two months prior to the revision date.
6. If the Customer uses the Service in excess of the quantity specified at the time of application, the Company may charge the Customer an amount equivalent to twice the usage fee for the excess amount of the Service. The amount charged will not be calculated on a pro rata basis.
Article 8 (Changes to customer information)
1. If there are any changes to the customer's corporate name, address, billing address, or other information that was notified to us when the customer began using the Service, the Company must notify us without delay.
2. the Company Company shall not be liable for any inability to the Company or make a request (hereinafter referred to as "Contact, etc.") due to a customer's failure to make the notification under the preceding paragraph, and if Contact, etc. is not possible, the Company may suspend provision of the Service.
Article 9 (Suspension and Change of the Service)
1. the Company will notify the customer by e-mail, display on the Service, or other means when it plans to suspend the Service due to version upgrades, scheduled maintenance, or other reasons.
2. the Company may suspend provision of the Service without prior notice to the Customer in the following cases
(1) For operational or technical reasons not attributable to the Company
(2) When the provision of the Service cannot be provided due to force majeure, or when the suspension or discontinuation of the Service is requested
(3) When it is deemed inappropriate to continue providing the Service for any other reason not attributable to the Company
3. the Company may change the specification of the Service at the discretion of the Company. In such cases, the Company shall provide a reasonable period of notice or public announcement so as not to interfere with the use of the Service.
Article 10 (Cancellation of the Service)
1. the Company may discontinue all or part of the Service at the discretion of the Company.
2. In the case of the preceding paragraph, the Company will notify the customer at least 3 months prior to the date of discontinuation.
3. Notwithstanding the preceding paragraph, in the event of an emergency or unavoidable circumstances, the Service may be terminated immediately in whole or in part. In this case, unless there is a reason attributable to the Company, the Company shall not assume any responsibility to the Customer, except for the actions set forth in the following paragraph.
4. If the date of discontinuance in the preceding paragraph is during the term of use by the Customer and the Company has already received the fees corresponding to the period after the date of discontinuance, the Company will refund such fees. If the Company has not received the corresponding fee after the date of discontinuance, the Customer shall be exempted from payment of the fee after the date of discontinuance.
Article 11 (Data Deletion upon Termination/Cancellation)
the Company will take necessary measures such as deleting your account and data without delay after the end or termination date of the service agreement. You will not be able to request the Company to restore the deleted data thereafter. If you need to preserve your data, please do so yourself by the end or termination date.
Article 12 (Ownership of Intellectual Property Rights)
1. Copyrights, patents (including the right to obtain a patent), trademarks and other intellectual property rights (collectively, "Intellectual Property Rights") related to the Service belong to the Company, and this should not be construed as a transfer of the intellectual property rights held by the Company.
2. If there are any intellectual property rights held by a third party in relation to the Service, such intellectual property rights shall belong to the third party, and the Service shall not be construed as transferring the intellectual property rights held by the third party.
3. You may use the intellectual property rights set out in the preceding two paragraphs only to the extent that you use the Service.
Article 13 (Prohibited Matters)
You may not, either by yourself or through a third party, carry out the following acts:
(1) Modifying all or part of the programs that make up this Service.
(2) Reverse engineering, disassembly, decompilation, or other analysis of the programs that make up the Service, or any attempt to do so.
(3) Developing or having a third party develop programs similar to the programs that constitute this Service.
(4) Combining, linking, or otherwise incorporating all or a part of the programs constituting this Service into other programs without the Company consent.
(5) In addition to the four preceding paragraphs, any act that infringes or is likely to infringe the intellectual property rights of the Company or third parties used in connection with the Service.
(6) Using the Service to engage in criminal or other antisocial activities, or to warn of, participate in, or encourage such activities.
(7) Any act that infringes or may infringe on the interests of others by using the Service.
(8) Any act that interferes with or disrupts the servers or networks connected to this Service, or any other act that impairs the normal provision of this Service.
(9) Providing unique services using this service.
(10) Any act that violates laws and regulations or public order and morals.
(11) Any other act that the the Company reasonably determines to be inappropriate.
Article 14 (Suspension and Cancellation by the Company)
1. the Company may suspend provision of the Service without prior notice to the Customer if the Company determines that the Customer has violated or is likely to violate any provision of these Terms of Use.
2. the Company may suspend provision of the Service and terminate the Service Agreement with the Customer if the Customer
(1) The Customer violates any provision of these Terms and Conditions and fails to correct such violation within two (2) weeks from the date of receipt of the notice in spite of a demand for correction from the Company.
(2) When a bill, draft, or check drawn or accepted by the Bank itself is dishonored, or when a transaction is suspended by a clearing house or an electronic claims recording institution
(3) When the Bank is found to be insolvent, to have suspended payments, to be in arrears of taxes and public dues, or to be in any other financial difficulties.
(4) When it is found that the Bank has violated the representations set forth in the Exclusion of Anti-Social Forces Policy, or has acted in breach of such representations or commitments.
(5) When the Bank is subject to a disposition by public authority, such as compulsory execution, seizure, provisional seizure, provisional disposition, exercise of security interest, or auction.
(6) When the company is subject to suspension of business, revocation of business license or business registration, or other similar dispositions by the supervisory authority.
(7) When bankruptcy, civil rehabilitation, corporate reorganization, or liquidation (including special liquidation) proceedings are commenced or a petition for such proceedings is filed.
(8) When a merger, corporate split, share exchange, share transfer, transfer of all or a significant part of its business to a third party, or resolution for dissolution (including dissolution in accordance with laws and regulations) is adopted.
(9) When a change in major shareholders or management is made and the Company judges, with reasonable grounds, that it is inappropriate to continue providing this service.
3. In the event of termination pursuant to the preceding paragraph, the Customer shall forfeit the benefit of the term and the Company shall not be liable for any damages incurred by the Customer due to such measures taken by the Company.
4. Termination pursuant to Paragraph 2 of this Article shall not interfere with the Company 's right to claim damages or any other legal right it may have against the Customer.
5. Any dispute arising between the Customer and a third party as a result of the Company taking the measures in paragraph 2 of this Article shall be resolved at the Customer's expense and responsibility and shall not impose any liability on the Company.
Article 15 (Confidentiality)
1. The Customer and the Company (hereinafter referred to as the "Recipient" in this Article) shall not leak or disclose to a third party any information that should be treated as confidential information (hereinafter collectively referred to as "Confidential Information") that has been disclosed by the other party (hereinafter referred to as the "Discloser" in this Article) or that has become known in the course of the provision and use of the Service, except in the cases set forth in the following items.
(1) Information that is publicly known at the time of disclosure or knowledge
(2) Information that becomes publicly available through no intention or negligence on the part of the recipient after disclosure or knowledge of the information. Information that becomes publicly available through no intention or negligence on the part of the recipient after disclosure or knowledge of the information.
(3) Information that the recipient has in its lawful possession before it was disclosed or became aware of it by the discloser. Information that the recipient has in its lawful possession before it was disclosed or became aware of it by the discloser.
(4) Information that the Recipient independently develops without using the Discloser's Confidential Information.
(5) Information that the recipient lawfully obtains from a legitimate third party without any obligation to maintain confidentiality.
2. Notwithstanding the preceding paragraph, when the Recipient is required by law to disclose confidential information by a national or local government entity, a court, or other equivalent institution, the Recipient may disclose the confidential information to the minimum extent and in the manner necessary.
However, the Recipient may disclose Confidential Information pursuant to this Act in accordance with Laws, etc. However, if the Recipient is required to disclose such information in accordance with Laws, etc., the Recipient shall notify the Discloser in advance as much as possible and discuss the minimum necessary scope and method, and if it is unavoidable to disclose such information after the fact, the Recipient shall notify the Discloser of the details of the disclosure immediately after the fact.
3. Notwithstanding paragraph 1, the Company may have any contractor designated under Article 20 (Consignment of the Provision of the Service) handle Customers' Confidential Information, provided that such contractor is bound by confidentiality obligations equivalent to those owed to the Company.
Article 16 (Handling of input data)
1. the Company will not access input data unless it is deemed to fall under any of the following circumstances:
①To monitor unauthorized access and ensure other security measures
②To investigate the cause when a failure occurs or is suspected
③To resolve issues when you request support regarding the Service
2. In addition to the preceding paragraph, if the Customer's consent is obtained, the Company may use the input data to improve the Service (including the learning of the artificial intelligence used in the Service, verification of the learning process, and other improvements to information processing by artificial intelligence). However, in this case, the Company shall take appropriate measures to prevent the use of the data for purposes other than the improvement of the Service and the leakage of the input data.
Article 17 (Exclusion of Antisocial Forces)
1. You and the Company represent and warrant that you are not currently a member of an organized crime group, a member of an organized crime group, a person who has been a member of an organized crime group for less than five years, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer, etc., a social movement campaigner, etc., a criminal organization with specialized intelligence, or any other person equivalent thereto (hereinafter referred to as an "anti-social force"), and that you do not fall under any of the following items, and will not fall under any of them in the future.
(1) Having a relationship that is deemed to give anti-social forces control over management or substantial involvement in management.
(2) Having a relationship that is deemed to be an inappropriate use of anti-social forces, such as for the purpose of obtaining wrongful benefits for oneself or a third party, or for the purpose of causing damage to a third party.
(3) Having a relationship that is deemed to be involved in providing funds or convenience to anti-social forces.
(4) Member of the Board or a person substantially involved in management has a socially reprehensible relationship with a member of an organized crime group or the like.
2. If the other party violates the provisions of the preceding paragraph, the Customer and the Company may terminate the service agreement for the Service. In this case, the party that terminates the agreement shall not be obligated to compensate the violating party for damages incurred as a result of the termination.
3. Even if the Service Agreement is terminated due to a violation of this Article, the obligation to maintain confidentiality of the Confidential Information borne by the User shall continue even after the termination.
Article 18 (No guarantee)
1. the Company does not guarantee and is exempt from all responsibility for the following items:
(1) Malfunctions caused by using the Service for purposes other than those recommended or designated by the Company, including devices, browsers, and other software.
(2) Suitability for your specific purpose
(3) It does not infringe on the rights of third parties.
(4) Any results obtained from using the Service.
2. the Company shall not be liable for any damages incurred by the customer due to the following matters:
(1) Mistakes made by the customer, such as incorrect input, registration, or other operational errors
(2) Troubles caused by your violation of these Terms of Use
(3) Troubles not caused by the Service
(4) Troubles caused by a third party that are not attributable to the Company
(5) Leakage of your ID, password, etc., or loss of data that cannot be restored using backups, etc., caused by reasons not attributable to the Company
(6) Inability to provide the Service caused by network interruption, epidemic, natural disaster, war, terrorist acts, riots, amendment, repeal or enactment of laws and regulations of the country where the server is located, dispositions or orders by public authorities, or other force majeure
(7) Any other inability to provide the Service caused by reasons not attributable to the Company.
Article 19 (Limitation of damages)
１．the Company In the event that the Company is liable to the Customer in connection with the Customer's use of the Service, regardless of default, tort or other cause of claim, the Company shall compensate the Customer only for the ordinary and direct damages actually incurred by the Customer. In addition, damage caused by special circumstances (including cases where the occurrence of damage was foreseen or could have been foreseen) We shall not be responsible for the above.
２． The amount of damages that the Company may incur against you shall be limited to the usage fee for the Service paid by you for the most recent one year, except in cases of willful misconduct or gross negligence on the part of the Company.
Article 20 (Entrustment of Service Provision)
the Company may outsource all or part of the operations related to the provision of this Service to a third party.
Article 21 (Prohibition of Transfer of Rights and Obligations)
You may not transfer your status under the Service Agreement to a third party, or transfer, have a third party assume, or offer as security any of your rights and obligations related to the Service, in whole or in part, without the Company prior written consent.
Article 22 (Separability)
Even if any provision of these Terms and Conditions is found to be invalid or of invalidity, the other provisions shall remain valid.
Article 23 (Governing Law and Interpretation Language)
The governing law of these Terms and Conditions shall be Japanese law, and the interpretation language shall be Japanese.
Article 24 (Exclusive jurisdiction)
Any disputes between the Company and you regarding the Service shall be resolved in the Tokyo District Court, which shall have exclusive jurisdiction as the court of first instance.
Article 25 (Survival clause)
Even after the termination of this Service Agreement between you and us, the following provisions will remain in effect: Article 12 (Attribution of Intellectual Property Rights), Article 14 (Suspension and Termination by the Company), Paragraphs 3 to 5, Article 15 (Confidentiality), Article 18 (No Warranty), Article 19 (Limitation of Damages), Article 22 (Severability and Independence of Provisions) through this Article.
Article 26 (Changes to these Terms)
1. the Company reserves the right to change these terms and conditions at the Company discretion as necessary. In such case, the company will notify customers of the change to the terms and conditions, the content of the changed terms and conditions, and the effective date of the change via the Internet or other appropriate means (including individual notices to customers; the same applies below), and the changed content will apply as of the effective date.
2. Notwithstanding the provisions of the preceding paragraph, if any change to the Service or these Terms is detrimental to the Customer, the Company shall notify the Customer one month prior to the change. In such case, the Customer may cancel the Service before the change takes effect.
3. If a Customer indicates that they do not agree to the changes to the Terms, the Company may discontinue provision of the Service with effect for the future without being obligated to provide any compensation.
Last revised June 21, 2024