myThinkTank Terms of Service
This myThinkTank Terms of Service (hereinafter referred to as the "Terms of Service")
stipulates the rights and obligations between Data Strategy (hereinafter referred to as the "Company")
and customer who uses myThinkTank (hereinafter referred to as the "Service",
and the person who uses the Service is referred to as the "Customer")
with respect to the use of the Service.
If you do not agree to these Terms of Service ,
you will not be able to register or use the Service.
Article 1 (General Provisions)
1.These Terms of Service sets forth the basic rules for the use of the Service and related services, which shall be complied by all the Customers.
2. The content (hereinafter referred to as "Individual Provisions") stipulated in the documents posted, provided, or distributed by the Company on the Company’s website or the Service (including both online and offline) with respect to the Service shall form a part of these Terms of Service, and in the event of any conflict with these Terms of Service, the Individual Provisions shall prevail.
3. In the event of any conflict between the content of the Individual Provisions as set forth in Paragraph 3 of Article 6 and the content of these Terms of Service, the Individual Provisions shall prevail.
4. When using the Service on behalf of an organization (including a corporation), the applicant of the Service shall be deemed to have the authority to agree to these Terms of Service for the organization and to have the organization comply with these Terms of Service (in this case, "Customer" means the organization).
Article 2 (Change of these Terms of Service)
- 1. The Company shall have the right to change or add the content of these Terms of Service and the Individual Provisions from time to time.
- 2. In the event of any change in these Terms of Service or Individual Provisions, the Company shall publish such changed Terms of Service on the Service or on the Company website without delay, or notify the Customer of such change in an appropriate manner.
- 3. In the event that the Customer uses the Service after the notification of the change of these Terms of Service or does not follow the procedure for the termination of the Service within the period set forth by the Company separately, the Customer shall be deemed that it has agreed to such modification.
Article 3 (Definitions)
- In these Terms of Service, the meanings of the terms listed in the following items shall be interpreted as prescribed respectively in those items:
- (1) Research papers
Reports that show the results of investigations conducted by the Company based on the request of the Customer.
- (2) Researcher
The person who actually conducts investigations at the request of the Customer in the Service.
- (3) Intellectual property rights
Copyright (including the rights of Article 27 and Article 28 of the Copyright Law), patent right, utility model right, trademark right, design right, and other intellectual property right (including the right to acquire those rights or to apply for registration for those rights), and the right for ideas and know-how.
- (4) Personal Information
Personal information as defined by the Act on the Protection of Personal Information.
Article 4 (Application for Use and Acceptance of the Service)
- 1. If the Customer wishes to use the Service, he or she shall apply for the use by providing the Company with the information required for the Service application, such as the Customer information, in accordance with the methods set forth by the Company after agreeing to these Terms of Service. Applications for use shall be distinguished by the Customer attributes (individuals or corporations), and the Customer shall comply therewith.
- 2. With respect to the application in the preceding paragraph, in the event the Company accepts the application at its own discretion and notifies such acceptance, the agreement for use of this Service shall be entered into between the Company and the Customer. In addition, even if the Company does not accept the application, the Company shall not have any liability to disclose the reason.
- 3. The Customer shall, at its own responsibility, promptly notify the Company of any errors or changes in its information, and the Company shall not be liable for any damages to the Customer as a result of any misstatements, errors or omissions in the content of such information.
- 4. The Customer shall furnish such materials with respect to the application information at the request of the Company, and the Customer shall not furnish such materials as may be false or misleading.
Article 5 (Account)
- 1. The Company shall be entitled to issue accounts to the Customer based on application data.
- 2. The Customer shall manage the ID and passwords related to the accounts in the preceding paragraph so that they are not known to any third party, and shall take all measures to prevent identity and passwords from being stolen at its own risk.
- 3. The Customer shall not allow a third party to use the account or lend or transfer the account.
- 4. If the Company confirms that an account is identical, it considers that the Customer registered as the holder of that account has made use of the Service. The Customer shall be responsible for any damage caused by inadequate management, inappropriate use, or use by a third party, and the Company shall not be held responsible for any damage caused by such inadequate management of accounts.
- 5. In the event of improper use of IDs and passwords or possible improper use of IDs and passwords, the Customer shall promptly notify the Company thereof.
- 6. The Company shall be entitled to delete the account if the Customer violates these Terms of Service or if the application information contains false information.
Article 6 (Use of the Service)
- 1. The Company investigates, on behalf of the Company, facts such as cases, literature, techniques, markets designated by the Customer and provides the results through the Service. In addition, the Research paper is provided as a reference material for the determination to be made by the Customer. The Company is not intended that the Research papers are used for any purpose other than such purpose or for any third party other than the Customer.
- 2. When the Customer uses the Service, the Company will conduct an advance hearing in an appropriate manner and narrow down the research scope. Provided, however, that the Customer acknowledges and agrees that, as a result of the prior hearing, the Company has the right to decide not to undertake the requests by its own discretion.
- 3. The Individual Provisions regarding to the specific research (hereinafter referred to as the "Individual Provisions") shall be concluded when the Company sends or delivers a Research Proposal to the Customer based on the prior hearing in the preceding paragraph and the Customer gives his or her consent (which means that the Customer expresses his or her intention to accept the Company proposal in any form whatsoever).
- 4. Where the Customer requests within one week of receipt of the initial research paper, the Company shall conduct an additional survey only once within the scope of the research scope. Provided, however, that in accordance with the standards separately set forth by the Company, additional fees may be charged depending on the hours or man-hours required for the additional survey.
- 5. In the event that a third party service (including a service of an affiliated company affiliated with the Company) is used in connection with the use of the Service, the Customer shall comply with these Terms of Service of said service, and the Company shall not be liable for any damage or disadvantage arising from the use of said third party service.
Article 7 (Collection and Handling of Customer Information)
- 2. The Company may use the application information and other information and data provided to the Company by the Customer at the Company's discretion for the purpose of providing and operating the Service, improving and improving the content of services, or use such information as statistical information in a form that does not allow the identification of individuals, and the Customer shall agree with this in advance.
- 3. The Company may, with the prior consent of the Customer, use information identifying the Customer (including application information and other relevant Customer logos) for the Service public relations purposes.
Article 8 (Ownership and Grant of Rights)
- 1. All intellectual property rights regarding to the Service (including the Research papers) shall belong to the Company.
- 2. The Company grants the Customer the right to use the Research papers for an unlimited period and free of charge. Provided, however, that free use shall be permitted only to the extent of the purpose for which the Customer itself uses such information. In addition, if the Customer is an individual, the Research papers shall be used by the Customer itself, and and if the Customer is a corporation, the Research papers shall be used in the same territory of the Customer.
- 3. The Company shall not exercise moral rights against the Customer as long as the Customer uses the Research papers at the extent of permitted by these Terms of Services.
Article 9 (Service Usage Fee)
- 1. The amount and the method of payment of the usage fee for the Service and other additional fees, prescribed in Article 6.4, shall be prescribed separately by the Company or shall be in accordance with the individual contract entered between the Company and the Customer.
- 2. Payment for the usage fee for the Service is due payable once the individual contract specified in Article 6.3 has been executed. The Customer shall pay such usage fee by the end of the month following the month that the Customer received the Research paper. All payments shall be by bank remittance to the bank account designated by the Company separately.
- 3. The Company may change the usage fees and the payment method outlined in the preceding paragraph at any time and shall notify and announce such changes in advance in an appropriate manner at the Company’s discretion.
- 4. The Customer agrees and acknowledges that the Company shall not make any refund of the usage fees paid by the Customer.
- 5. If payment of the usage fees is not made, even after the due date for such payment have lapsed, the payment due shall be subjected to a penalty at a daily interest rate of 14 .6% per year (365 days a year) and shall run from the date upon such payment becomes due until payment is made together with interest.
Article 10 (Disclaimer and Disclaimer of Guarantee)
- 1. The Company does not warrant in any way that any Research papers provided by the Company will be appropriate for any particular purpose of the Customer, will have the function, merchandise value, accuracy, usefulness, or completeness expected, or that the use of Research papers will result in any benefit the Customer may expect from the Customer. In addition, the Research papers are prepared for the purpose of the Customer’s reference only, and the Company assumes no liability whatsoever for any damage resulting from the use of the Research papers by the Customer against any third party who has access to the Customer or Research papers.
- 2. As the Research papers is prepared based on information received from the Customer as a result of the prior hearing, if there are any changes or errors in such information, the results of the investigation may be affected and the accuracy of the investigation may be reduced. In addition, the Customer acknowledges and agrees that the Research papers is created during limited working hours, and additional investigations may reveal new corrections.
- 3. The Company will manage and operate the Service stably and continuously. However, the services may be suspended for a certain period of time due to force majeure such as natural disasters or power failure, maintenance work, or any other circumstances. The Customer shall approve this in advance and shall not request the Company to compensate for the damage caused by the suspension of services.
- 4. In the event of any dispute arising from the use of the Service with any other third party, or in the event that the Company is required to respond to a claim or pay compensation for damages from any third party, the Customer shall settle such dispute entirely at its own responsibility and expense by the Customer.
- 5. In the event that any of the provisions of this article is determined to be invalid pursuant to the provisions of the Consumer Contract Act and other relevant laws and regulations, the Company shall continue to have effect as a provision that provides for the exemption of liability to the maximum extent permitted by such laws and regulations.
Article 11 (Prohibited Acts)
- The Customer shall not perform the following matters in the use of the Service.
- (1) Acts in violation of laws and regulations, court decisions, decisions or orders, or administrative measures that are binding under laws and regulations, and acts that encourage or are likely to encourage such acts
- (2) Acts which are contrary to public order and morality or which are likely to harm public morality
- (3) Any act that infringes or is likely to infringe upon the intellectual property rights, privacy or other rights or interests of the Company, other Customer, or other third party
- (4) The act of using or causing to be used the Service outside the scope permitted by the Company by these Terms of Service
- (5) Any act that facilitates direct contracts between the Customer and the Researcher, such as contacting the Researcher and entering into a direct contract without the prior written consent of the Company, and exchanging contact information with the Researcher
- (6) The act of using a Research papers for any purpose other than the purpose stipulated herein
- (7) Reverse engineering, decompiling, or disassembling, modification or conversion of the Service, or any other attempt to decrypt the source code, or any other analytical activity
- (8) An act of putting excessive burden on the Service networks or systems
- (9) Unauthorized access to the Service systems, improper rewriting or deletion of information accumulated in the Company facilities, or other acts that cause damage to the Company
- (10) The act of uploading information on the Service that falls under or is judged by the Company to fall under any of the following items
(a) Personal Information which is acquired or uploaded on the Service without due process;
(b) Information without legitimate rights or licenses
(c) Information obtained by illegal or improper means
(d) Information containing computer viruses and other harmful programs
(e) Information containing excessively violent or cruel expressions
(f) Information similar to the above: Provision of benefits to Anti-Social Forces
- (11) Providing benefits to Anti-Social Forces
- (12) Conduct that is inconsistent with these Terms of Service, the individual interest regulations, and the intent and purpose of the Service
- (13) Violations of the Terms of Service of the related services with the Company
- (14) Acts that directly or indirectly cause or facilitate the acts referred to in the preceding items
- (15) Other actions deemed inappropriate by the Company
Article 12 (Duty of Confidentiality)
- 1. In these Terms of Service, "Confidential Information" shall mean any and all information disclosed or learned by the other party in connection with the Service, in technical, business or otherwise. However, information falling under any one of the following items shall not be included in the Confidential Information:
(1) What was known before the disclosure
(2) What became known after being disclosed without attributable to one's own reason
(3) Those already in the possession prior to disclosure
(4) Obtained without confidentiality obligation from a duly authorized third party
(5) Developed independently without reference to information disclosed
- 2. The Company and the Customer shall not disclose or divulge Confidential Information to any third party without the prior written consent of the other party. Provided, however, that in cases where disclosure is obligated by laws and regulations or where disclosure is ordered by the competent public agency under law, disclosure may be made only to the extent necessary. In such cases, the Customer and the Company must notify the other party in advance.
- 3. In the event the Company and the Customer disclose the Confidential Information to a third party with the prior written consent of the other party, it shall cause such third party to comply with the obligations equivalent to those under these Terms of Service.
Article 13 (Administration of Confidential Information)
- 1. The Company and the Customer shall strictly store and manage the Confidential Information disclosed by the other party after clearly indicating that it is confidential.
- 2. The Company and the Customer shall use the Confidential Information only to the extent of the purpose of these Terms of Service (including the purpose of performing the Service) and shall obtain prior written consent from the other party if such reproduction or modification is required beyond the scope of the purpose of these Terms of Service.
- 3. The Company and the Customer shall only be able to disclose the disclosed Confidential Information to officers and employees who need to know such information for the purposes of these Terms of Service. In such cases, the Company and the Customer must ensure that the relevant officers and employees comply with the same obligations as those under these Terms of Service.
- 4. In the event of any loss or leakage of Confidential Information disclosed by the other party, the Company and the Customer shall immediately notify the other party and take appropriate measures to minimize the leakage of Confidential Information.
- 5. Upon termination of this agreement or upon request from the other party, the Company and the Customer shall take measures such as returning or destroying the Confidential Information (including reproductions thereof) in accordance with the instructions of the other party.
Article 14 (Measures to be taken in the case of violation of the covenant)
- 1. In the event that the Customer falls under any of the following or is deemed likely to fall under any of the following circumstances, or in the event that the Company determines such possibility, the Company shall be entitled to forfeit the benefit of time for the Customer, suspend or restrict the use of the Service, delete all or part of the information provided by the Customer, or cancel these Terms of Service or delete the account (hereinafter referred to as "Suspension of Use") without any notice, and to request the Customer to return or destroy the Research papers obtained from the submission of such information.
(1) In the event of any breach of any of the provisions of these Terms of Service
(2) Cases where it is found that all or part of the information provided to the Company contains false information
(3) In the event of a delay in the payment of the Service usage fee and the delay is not resolved within seven days of the Company's request
(4) In the event the Service is found to have been used improperly in the settlement methods designated by the Company
(5) In the event of suspension of payments or insolvency or petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings or any other similar proceedings
(6) Where there has been a significant decline in creditworthiness or a material change in business that has an impact on creditworthiness
(7) Resolution for dissolution or resolution for corporate reorganization such as merger with another company
(8) In the event that there is no response for 30 days or more in response to an inquiry or other request for response from the Company
(9) In the event that the Company has received or is currently receiving Suspension of Use measures from the Service
(10) Cases where the Company determines that the person is an Anti-Social Force or is engaged in any form of exchange or involvement with Anti-Social Forces, such as by cooperating or participating in the maintenance, operation or management of Anti-Social Forces through financial assistance or otherwise
(11) In the event the Company determines that there is a reason similar to any of the preceding items
- 2. Even after the Suspension of Use, the Customer shall not be exempted from any and all obligations and liabilities (including, but not limited to, liability for damages) under these Terms of Service.
- 3. If any liability to the Company remains at the time of termination of the contract, the Customer shall be obliged to pay all debts to the Company forthwith.
- 4. The Company shall not be liable to the Customer for any damages even in the event the Customer suffers damages due to the suspension or the like in the event of the Suspension of Use pursuant to Paragraph 1.
Article 15 (Changes, additions, abolishment, suspension of the Service)
- 1. The Company may change or add all or part of the content of the Service without prior notice.
- 2. The Company may temporarily suspend all or part of the Service without prior notice in the event of any of the following:
(1) Periodic or urgent maintenance or repair of the Service hardware, software, communication equipment
(2) When the load is concentrated on the system due to excessive access or other unforeseen factors
(3) When it becomes necessary to secure system security
(4) When the provision of the Service is difficult due to force majeure such as natural disasters when the services of a telecommunications carrier are not provided
(5) When it is difficult to provide the Service due to force majeure such as natural disasters
(6) When it is difficult to provide the Service due to fires, power outages, other unexpected accidents or wars, conflicts, riots, riots, labor disputes
(7) In the event that the Service becomes unable to operate due to laws, regulations, or measures based on such laws and regulations
(8) In the event of any other reason similar to any of the preceding items
- 3. The Company shall not be liable for any damage to the Customer arising from any action taken by the Company pursuant to this article.
Article 16 (Compensation for Damages)
- The Customer must compensate the Company for any and all damages (including lost profits and expert fees, including attorneys' fees, whether or not arising out of special circumstances) incurred by the Company as a result of breach of these Terms of Service or in connection with the use of the Service.
Article 17 (Assignment of Obligation or Right in these Terms of Service)
- 1. The Customer may not, without the prior written consent of the Company, transfer (including universal succession through mergers, corporate splits) or pledge as collateral all or part of its rights and obligations based on these Terms of Service to any third party.
- 2. In the event the Company transfers the business pertaining to the Service to another company, rights and obligations under this agreement, application information, and other information may be transferred to the transferee of the said business transfer in connection with the said business transfer, and the Customer shall be deemed to have agreed in advance in this paragraph with respect to the said business transfer. The business transfer referred to in this paragraph shall include a comprehensive succession through a merger or company split in which the Company ceases to exist or becomes a split company.
Article 18 (Contact/Notification)
- 1. Notice of these Terms of Service changes and other communications from the Company to the Customer concerning the Service shall be made by posting the notice at the appropriate location on the Service site, sending e-mails, or by other methods deemed appropriate by the Company.
- 2. Any inquiry about the Service or any other communication or notification to the Company shall be made by sending it to the inquiry form located in the appropriate location of the Service or by any other means specified by the Company.
- 3. The Company shall separately stipulate the details of support for the Service and the response time.
Article 19 (Cancellation)
- 1. The Customer may cancel this agreement and delete the account in accordance with the methods separately set forth by the Company, unless otherwise stipulated in the Individual Provisions with regard to the term of validity of the contract.
- 2. The Customer shall forfeit the right to use the Service except as otherwise provided by the Individual Provisions, but shall not be exempted from any and all contractual obligations and liabilities (including, but not limited to, liability for damages) under these Terms of Service arising prior to the termination of this agreement.
- 3. The Company shall not be obligated to back up or otherwise store any information, including application information provided by the Customer, and the Customer shall agree in advance that the information will not be transferred even in the event that the Customer who cancelled the contract again uses the Service.
Article 20 (Exclusion of Anti-Social Forces)
- 1. The Company and the Customer shall each assure the other party of the following matters:
(1) The officer or himself/herself is not an Anti-Social Force and does not have a relationship with Anti-Social Forces that should be socially condemned.
(2) Both parties shall not grant the right to use their own name to the Anti-Social Forces and conclude this agreement on behalf of such Anti-Social Forces.
(3) Do not, by himself/herself or through a third party, act using threatening behavior or violence, disseminate rumors, obstruct the business of the other party or damage the credibility of the other party using fraudulent means or force, unjustifiable demands exceeding the legal liability, or any other act equivalent thereto against the other party.
- 2. In the event the other party violates the commitment set forth in the preceding paragraph, the Company and the Customer shall be entitled to cancel these Terms of Service without any notice or demand whatsoever. In this case, the terminating party shall not be required to compensate for any damages incurred by the other party. In addition, a party who has violated this article must compensate for any and all damages resulting from such violation.
Article 21 (Survival Provisions)
- Any provision which, according to the nature of Article 4, Paragraph 3, Article 5, Paragraph 4, Article 6, Paragraph 5, Article 8, Article 9, Paragraphs 4 and 5, Article 10, Article 12, Article 13, Article 14, Paragraphs 2 to 4, Article 15, Paragraph 3, Article 16, Article 17, Article 19, Paragraph 2, Article 20, this Article, Article 23 and the provisions which, according to the nature of the provisions, shall be construed to be in force after the termination of these Terms of Service shall survive the termination of these Terms of Service or Individual Provisions. In addition, Articles 12 and 13 shall remain in force for a period of three years after the termination of the Service Use Contract.
Article 22 (Duty to Hold Consultations in Good Faith)
- In the event of any doubt regarding matters not stipulated in these Terms of Service or the interpretation of these Terms of Service, the Company and the Customer shall consult each other and resolve the matter in good faith.
Article 23 (Governing Law and Agreed Jurisdiction)
- These Terms of Service shall be governed by the laws of Japan, and the Tokyo District Court or the Tokyo Summary Court shall be the exclusive jurisdictional court with respect to legal proceedings, such as these Terms of Service litigation, depending on the amount of the litigation.
Effective February 18, 2020