Article 1 (General Provisions)
These Terms of Service (hereinafter "Terms") set forth the conditions for use of the SaaS-based software design support service "DXSpec" (hereinafter "the Service") provided by DXSpec, Inc. (hereinafter "the Company").
Users of the Service (hereinafter "Users") shall use the Service upon agreeing to these Terms.
These Terms shall apply to all relationships between Users and the Company regarding the use of the Service.
Article 2 (Definitions)
The following terms used in these Terms shall have the meanings set forth below.
"The Service" refers to the cloud-based software design document management and AI-assisted platform provided by the Company.
"User" refers to an individual or corporation that has registered for the Service upon agreeing to these Terms.
"Account" refers to the authentication credentials registered by a User to use the Service.
"Content" refers to all information including data, documents, design specifications, etc. created, uploaded, or stored by Users through the Service.
"Corporate Account" refers to an account contracted on a per-company basis, capable of managing multiple workspaces and projects.
Article 3 (Registration)
Those wishing to use the Service shall apply for registration in the manner prescribed by the Company.
The Company may refuse registration in the following cases. The Company shall not be obligated to disclose the reasons for such refusal.
(1) When false information, errors, or omissions are found in the registration information
(2) When the applicant has previously violated these Terms
(3) When the applicant is associated with antisocial forces (organized crime groups, their members, associates, related enterprises, corporate extortionists, etc.)
(4) When the Company otherwise determines that registration is inappropriate
Article 4 (Account Management)
Users shall manage their account email addresses and passwords at their own responsibility.
Users may not, under any circumstances, transfer or lend their accounts to third parties.
The Company shall not be liable for any damages arising from the use of an account by a third party, except in cases of intentional misconduct or gross negligence on the part of the Company.
Users shall immediately notify the Company upon discovering any unauthorized use of their account information.
Article 5 (Service Fees)
Service fees shall be based on the pricing schedule separately established by the Company.
Users utilizing paid plans shall pay service fees through the payment methods prescribed by the Company.
In the event of late payment, Users shall pay a late payment penalty at an annual rate of 14.6%.
The Company may revise fees with one month's prior notice. Revised fees shall apply from the next renewal date.
Article 6 (Payment Methods)
Payment of service fees shall be made by credit card or other payment methods designated by the Company.
For monthly plans, charges are automatically billed on each contract renewal date. For annual plans, the annual fee is charged in full on the contract start date.
When a User cancels a paid plan, fees already paid shall not be refunded except as required by law.
Receipts can be downloaded from the Service's management dashboard.
Article 7 (Prohibited Activities)
Users shall not engage in any of the following activities when using the Service.
(1) Activities that violate laws or public order and morals
(2) Activities related to criminal acts
(3) Activities that destroy or interfere with the functions of the Service's servers or networks
(4) Activities that may obstruct the operation of the Service
(5) Collecting or accumulating personal information of other Users
(6) Unauthorized access or attempts thereof
(7) Impersonating other Users
(8) Reverse engineering, decompilation, disassembly, or other similar activities
(9) Activities that directly or indirectly provide benefits to antisocial forces in connection with the Service
(10) Other activities deemed inappropriate by the Company
Article 8 (Intellectual Property Rights)
All intellectual property rights (patents, copyrights, trademarks, etc.) related to the Service belong to the Company or its licensors.
Intellectual property rights in Content created by Users through the Service belong to the Users.
Users grant the Company a non-exclusive right to use Content to the extent necessary for providing, improving, and maintaining the Service.
The Company may use User Content in anonymized form for purposes such as creating statistical information. In such cases, individual Users shall not be identifiable.
Article 9 (Service Changes, Suspension, and Termination)
The Company may suspend all or part of the Service without prior notice to Users in the following cases.
(1) When performing maintenance or inspection of the computer systems related to the Service
(2) When the operation of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, or power outages
(3) When the Company otherwise determines that suspension is necessary
The Company may modify the content of the Service or terminate its provision. In the event of termination, the Company shall notify Users at least 3 months in advance.
The Company shall not be liable for any damages incurred by Users due to measures taken under this article, except in cases of intentional misconduct or gross negligence.
Article 10 (Usage Restrictions and Deregistration)
The Company may, without prior notice, restrict all or part of a User's use of the Service or deregister the User if any of the following applies.
(1) Violation of any provision of these Terms
(2) Discovery of false information in the registration details
(3) Default on payment obligations for fees
(4) Failure to respond to communications from the Company for a certain period
(5) When the Company otherwise determines that use of the Service is inappropriate
Article 11 (Disclaimers)
The Company does not warrant, either expressly or impliedly, that the Service is free from defects (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, infringement of rights, etc.).
The Company shall not be liable for any damages arising from the Service to Users, except in cases of intentional misconduct or gross negligence on the part of the Company.
The Company shall not be liable for any transactions, communications, or disputes arising between Users or between Users and third parties in relation to the Service.
Article 12 (Limitation of Liability)
In the event the Company bears liability for damages to a User in connection with these Terms, such liability shall be limited to the total amount of service fees paid by the User to the Company in the preceding 12 months.
The Company shall not be liable for damages arising from causes not attributable to the Company, damages arising from special circumstances regardless of foreseeability, lost profits, or loss of data.
However, this limitation shall not apply in cases of intentional misconduct or gross negligence on the part of the Company.
Article 13 (Handling of Personal Information)
The Company shall handle personal information obtained through the use of the Service in accordance with the Company's Privacy Policy.
The Company shall comply with the Act on the Protection of Personal Information and related laws and regulations.
User data shall be stored and processed in data centers located within Japan.
Article 14 (Confidentiality)
Users and the Company shall not disclose confidential information received from the other party in connection with the use of the Service to any third party without the prior written consent of the disclosing party.
The preceding paragraph shall not apply to the following information.
(1) Information that was already publicly known at the time of disclosure
(2) Information that became publicly known after disclosure through no fault of the receiving party
(3) Information that was already in the possession of the receiving party prior to disclosure
(4) Information obtained from a third party with proper authority without obligation of confidentiality
Article 15 (Amendments to Terms)
The Company may amend these Terms at any time without prior notice to Users when deemed necessary. However, for material changes, the Company shall provide notification through the Service or by email at least 30 days before the effective date.
Amended Terms shall take effect from the time they are posted on the Service.
Continued use of the Service after any amendment shall be deemed as the User's acceptance of the amended Terms.
Article 16 (Governing Law and Jurisdiction)
These Terms shall be governed by and construed in accordance with the laws of Japan.
Any disputes arising in connection with the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.