These Terms of Use (hereinafter referred to as the “Terms”) set forth the conditions for the use of, and the rights and obligations relating to, the EXplainable KANSEI Service (hereinafter referred to as the “Service”) provided by Konica Minolta, Inc. (hereinafter referred to as the “Company”). When using the Service, you are required to read the entire Terms and agree to them.
These Terms are prepared in Japanese, and translations into other languages are provided. In the event of any inconsistency between the Japanese version and any translation, the Japanese version shall prevail.
Article 1 (Definition of Terms)
The definitions of the terms used in these Terms are as follows:
(1) “Customer” means the corporation or its representative who receives the provision of the Service from the Company under these Terms.
(2) “User” means an employee of the Customer (including not only full-time employees, but also contract employees and temporary staff) who is authorized to use the Service.
(3) “Service Site” means the website on the Internet through which Users can use the Service.
(4) “Content” means text, audio, music, images, videos, and other information that Users can view or watch on the Service Site while using the Service.
(5) “Intellectual Property Rights” means copyrights (including the rights prescribed in Articles 27 and 28 of the Copyright Act), patent rights, utility model rights, trademark rights, design rights, and all other intellectual property rights (including the right to obtain or apply for registration of such rights).
Article 2 (Contents of the Service)
The contents of the Service provided by the Company, other tasks necessary for the provision of the Service, as well as the prerequisites and constraints for providing the Service, are as described in the separately attached “Service Provision Specification.”
2. If there are any provisions that differ from these Terms in the Service Provision Specification or in any agreement (hereinafter collectively referred to as “Individual Terms”) established in advance with the Company’s consent by a sales channel designated by the Company, then such Individual Terms shall take precedence.
3. If it becomes necessary to amend any items described in the Service Provision Specification, the Company may, without prior notice to the Customer, change the content of the Service Provision Specification.
Article 3 (Formation of Agreement)
These Terms shall be deemed to have been formed between the Customer and the Company with respect to the Service when the following items have been carried out, and the Company has made a decision to accept the application:
(1) The Customer applies to the Company for the Service using the application form designated by the Company.
(2) The Customer sends an order form for the Service to the sales channel specified by the Company. However, in the case of the Trial plan, no order form is accepted. Therefore, upon completion of the procedure in (1), these Terms regarding the Service shall be deemed to have been formed between the Customer and the Company.
(3) The Company checks the application details to confirm there are no factors listed below and decides whether to accept or reject the application. The Company has no obligation whatsoever to disclose the reasons for its decision.
① False information was provided at the time of applying for the Service.
② The application is from a corporation that has previously violated these Terms.
③ Other cases in which the Company deems it inappropriate to accept the application for the Service.
Article 4 (Term of Service)
The effective period of these Terms shall run from the date these Terms are established until the end date of the effective period separately agreed upon through discussion between the Company and the Customer. However, for the Trial plan, the effective period is 14 days from the date on which these Terms are formed.
2. The effective period of these Terms may be extended or shortened by mutual agreement between the Customer and the Company.
Article 5 (Termination of Service Provision)
If circumstances arise that make it difficult for the Company to continue providing the Service, the Company may terminate these Terms by notifying the Customer at least 60 days before discontinuing the provision of the Service.
Article 6 (Cancellation of Service)
If the Customer wishes to cancel the Service during the effective period of these Terms, the Customer may terminate these Terms by notifying the Company at least 30 days prior to the desired cancellation date.
Article 7 (Service Fees and Payment Method)
The Customer shall pay the Service fees stipulated by the Company in accordance with the Service price list separately designated by the Company, to the sales channel.
2. All public dues, taxes, and fees related to the payment of the fees specified in the preceding paragraph, as well as any bank transfer fees and other costs incurred in making the payment, shall be borne by the Customer.
Article 8 (Account Management)
The Customer and Users shall be responsible for managing the ID and password they have created themselves, so as to prevent misuse by third parties.
2. The Customer and Users shall not allow any third party to use, or loan, transfer, change the name of, or buy and sell their ID or password.
3. If the combination of ID and password used to log in to the Service matches the registered information, the Company will deem such use as having been made by the User who registered that ID.
4. The Company shall not bear any responsibility whatsoever for any damage arising from the use of an ID and password by a third party, except in cases of intentional or gross negligence on the part of the Company.
5. Users shall periodically change their password and take measures to prevent third parties from easily using the Service with such ID and password.
6. If there are any changes due to transfers, leave of absence, resignation, or other reasons relating to the Customer or Users, the Customer shall immediately notify the Company of such changes and provide the Company with relevant information about the new Customer or Users. Based on that, the Company shall provide the Customer with a new ID and password for the new Customer or Users.
Article 9 (Obligations of the Customer)
The Customer shall prepare, at its own responsibility and expense, the information terminals and network lines necessary to use the Service. The specifications of the information terminals, supported operating systems, operating environment, and other details shall be as set forth in the Service Provision Specification stipulated in Article 2.
2. All expenses necessary for using the Service, including network line usage fees and electricity fees, shall be borne by the Customer.
3. If the Company notifies the Customer that the Company intends to introduce (including web postings by the Company) the Customer and its activities related to the use of the Service to third parties, the Customer shall discuss with the Company whether such introduction is possible and in what manner it can be carried out.
Article 10 (Prohibitions)
The Customer and Users agree that the following acts are prohibited when using the Service:
(1) Acts that violate laws or public order and morals.
(2) Acts related to criminal activities.
(3) Acts that infringe copyrights, trademark rights, and other intellectual property rights pertaining to the contents of the Service, the Content, or any other part of the Service.
(4) Modifying, reverse engineering, decompiling, disassembling, or performing any other analysis on the programs included in the Service.
(5) Acts that destroy or interfere with the functions of the computer systems or networks of the Company, other Customers, or any third party.
(6) Acts that may interfere with the operation of the Service.
(7) Unauthorized access or attempts thereof.
(8) Collecting or storing personal information, etc. related to other Customers or Users.
(9) Using the Service for an improper purpose.
(10) Acts that cause disadvantage, damage, or discomfort to other Customers or third parties.
(11) Impersonating other Customers or Users.
(12) Advertising, marketing, solicitation, or business activities on the Service without the Company’s permission.
(13) Acts that directly or indirectly provide benefits to antisocial forces in connection with the Company’s services.
(14) Other acts that the Company deems inappropriate.
Article 11 (Assignment of Rights and Obligations)
The Customer shall not, without the prior approval of the Company, have any third party succeed to its position in these Terms, or transfer or have any third party assume all or part of the rights and obligations arising under these Terms, or pledge them as collateral.
Article 12 (Suspension or Discontinuation of Service Provision)
If the Company deems that any of the following circumstances apply, the Company may suspend or discontinue the provision of all or part of the Service without prior notice to the Customer:
(1) Maintenance or updates of the computer system related to the Service.
(2) When it becomes difficult to provide the Service due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters.
(3) When a computer system failure occurs or when a computer system is subjected to excessive load.
(4) When ensuring the safety of Users or third parties, or when urgently required for the public interest.
(5) Other situations in which the Company deems it difficult to provide the Service.
Article 13 (Intellectual Property Rights)
Consent to these Terms by the Customer shall not mean any transfer of the intellectual property rights relating to the information uploaded to the program included in the Service by the Customer, and such intellectual property rights shall remain with the Customer.
2. Notwithstanding any provision of these Terms, the Company may, for the purpose of improving the quality of the Service and the systems, software, etc. used for the Service, use the information uploaded to the program included in the Service in a form in which the source (e.g., the Customer’s name, etc.) cannot be identified, without obtaining separate consent from the Customer. All intellectual property rights in such systems, software, etc. shall vest solely in the Company.
Article 14 (Handling of Personal Information)
The handling of personal information of the Customer or Users obtained by the Company through the Customer’s use of the Service shall be governed by the Konica Minolta Group Privacy Policy, in addition to the “Privacy Policy” for the Service, and shall be handled appropriately.
Article 15 (Subcontracting)
In providing the Service, the Company may subcontract all or part of the Service to a party of its own designation (hereinafter referred to as the “Subcontractor”). The Company shall impose on the Subcontractor obligations equivalent to those borne by the Company under these Terms.
Article 16 (Confidential Information)
The Customer and the Company shall not disclose to any third party, without the prior written consent of the other party, any operational or technical information of the other party obtained during the effective period of these Terms in connection with the Service, which falls under any of the following (hereinafter referred to as “Confidential Information”), nor shall they use it for any purpose other than for providing or using the Service (including improving the quality of the Service, hereinafter the same in this Article) (hereinafter referred to as the “Purpose”):
(1) Information disclosed in the form of materials, drawings, tangible objects, or electronic data, with an indication that it is confidential.
(2) Information disclosed orally with an indication that it is confidential, and specifically identified as confidential within 10 days after such oral disclosure by means of a document or electronic data indicating that it is confidential.
2. Notwithstanding the preceding paragraph, the following information shall not be deemed Confidential Information:
(1) Information that was already public knowledge or already possessed at the time of receipt.
(2) Information that became public knowledge after receipt for reasons not attributable to the recipient.
(3) Information lawfully obtained without any confidentiality obligation from a third party with the authority to disclose it.
(4) Information developed independently without relying on the Confidential Information.
3. Notwithstanding Paragraph 1, if the Customer or the Company is required by law, or by an order, demand, or request that has compelling force from a court or government agency, to disclose the other party’s Confidential Information, it may disclose such information to the minimum extent legally necessary. However, if such order, demand, or request is made, the receiving party shall promptly notify the other party to that effect.
4. Notwithstanding Paragraph 1, the Company may re-disclose the Customer’s Confidential Information to the Subcontractor if necessary for the provision of the Service.
5. If the Customer or the Company reproduces Confidential Information, it shall be limited to the minimum extent necessary for the Purpose, and such reproductions shall also be treated as Confidential Information.
6. Upon the end of the period of use or upon request by the other party, the Customer or the Company shall, in accordance with the other party’s instructions, return, dispose of, or erase the Confidential Information (including any reproductions created based on the preceding paragraph).
7. The obligations of confidentiality under this Article shall remain in effect during the effective period of these Terms and for three (3) years following the termination thereof.
Article 17 (Exclusion of Antisocial Forces)
The Customer to the Company, and the Company to the Customer, each hereby covenants and warrants the following:
(1) Neither itself nor any of its members is a crime syndicate, member of a crime syndicate, quasi-member of a crime syndicate, corporate extortionist (sokaiya), or other entity or individual that threatens social order (hereinafter collectively referred to as “Antisocial Forces”).
(2) None of its officers, creditors (who have substantial control), or shareholders (investors) is an Antisocial Force.
(3) It is not entering into these Terms by allowing an Antisocial Force to use its name.
(4) It is not involved in providing funds or benefits to Antisocial Forces.
(5) It does not have a socially condemnable relationship with Antisocial Forces.
(6) In connection with these Terms, it shall not commit any of the following acts by itself or through a third party:
① Intimidating or acting violently against the other party.
② Committing fraudulent acts or using intimidation to interfere with the other party’s operations or undermine its credibility.
(7) If the Customer or the Company uses a third party to perform operations based on these Terms, such third party must not fall under any of Items (1) to (6) of Article 17.
2. If the Customer violates any of the items set forth in the preceding paragraph, the Company may immediately terminate these Terms, and if the Company violates any of the items set forth in the preceding paragraph, the Customer may immediately terminate these Terms. However, in the event of Item (7) of Article 17, the non-breaching party may request that the other party promptly sever the relationship with the third party in question, and if proof that the relationship has been severed is not provided within a reasonable period, the non-breaching party may terminate these Terms.
3. The party whose contract is terminated pursuant to the preceding paragraph shall not make any claim whatsoever against the other party for any damages or other compensation arising out of such termination.
Article 18 (Disclaimer)
The Company shall not be liable for any damages whatsoever arising from any changes to, suspension, discontinuation, or termination of the Service.
2. The Company has no involvement in and bears no responsibility for the Customer’s environment for using the Service.
3. The Company does not warrant that the Service is suitable for the Customer’s particular purposes, that it has the functions, commercial value, accuracy, or usefulness expected by the Customer, that the Customer’s use of the Service complies with laws or internal regulations of any industry associations applicable to the Customer, or that it will be free of defects.
4. The Company does not warrant that the Service is compatible with all information terminals, and the Customer acknowledges in advance that the Service may not function properly as the operating system of the information terminal used for the Service is upgraded. The Company does not guarantee that any program modifications or other measures taken by the Company in the event of such malfunction will resolve the problem.
5. The Company shall not be liable for any damages, whether direct or indirect, that the Customer may incur as a result of using the Service.
6. The Company shall bear no liability whatsoever for any loss of opportunity, interruption of business, or any other damages (including indirect damages and lost profits) incurred by the Customer or any third party, even if the Company has been advised of the possibility of such damages in advance.
7. If the Customer incurs damages caused by the Company’s negligence (excluding gross negligence), the Company shall not be liable for any special damages arising from special circumstances.
8. The Company shall not be involved in or bear any responsibility for any disputes or troubles between the Customer and other Customers or third parties. Even if a dispute or trouble arises between the Customer and other Customers or third parties, the Customer shall settle it at its own cost and responsibility and shall not make any claims against the Company.
9. If the Company is subjected to claims for damages, etc. from third parties due to the actions of the Customer, the Customer shall resolve such claims at its own cost (including attorney’s fees) and responsibility. If the Company pays damages to such third parties, the Customer shall reimburse the Company for all costs (including attorney’s fees and lost profits) related to such damages.
Article 19 (Damages)
If either the Customer or the Company suffers damages due to reasons attributable to the other party under these Terms, it may claim compensation for the actual, direct, and ordinary damages from the other party. In such cases, the total amount of damages that the Company may be liable for shall not exceed the total amount of the Service fees received by the Company from the Customer under these Terms and the Individual Terms in the most recent one (1) year.
Article 20 (Modification of Terms)
The Company may modify the content of these Terms at any time without obtaining the Customer’s consent.
2. When the Company modifies these Terms, it shall notify the Customer of the details of the modification by a method prescribed by the Company.
3. The modification of these Terms shall take effect from the time the Company provides notification under the preceding paragraph.
Article 21 (Governing Law and Jurisdiction)
These Terms shall be governed by the laws of Japan.
2. Any disputes arising out of or in connection with these Terms or the Service shall be settled by the Tokyo District Court as the exclusive court of first instance.
Article 22 (Consultation)
Any matters not set forth in these Terms or any doubts concerning the interpretation of these Terms shall be resolved through sincere consultation between the Customer and the Company.
End
Enacted on March 5, 2023
Revised on September 22, 2023
Revised on December 18, 2023
Revised on May 2, 2024