comcom Analytics Terms of Service

1.Purpose

1. These Terms of Service (hereinafter the "Terms") apply to Users (hereinafter "Users") who use "comcom analytics" (hereinafter the "Service") provided by abc Inc. (hereinafter the "Company"). Users use the Service upon agreeing to these Terms.
2. These Terms set forth the conditions for using the Service. All Users who register for the Service shall comply with these Terms and use the Service in accordance with the conditions set forth in these Terms, depending on conditions such as age and usage environment.
3. By a User agreeing to these Terms, the Contract (as defined in Article 2) is concluded between the User and the Company.
4. These Terms do not apply to services provided by third parties that are linked with the Service (hereinafter "Linked Services"). For the conditions of use of Linked Services, please review the terms of service, etc. of the relevant Linked Service.

2.Definitions

The following terms used in these Terms shall have the meanings set forth in the following items.

(1) "Contract": the contract for use of the Service concluded between the Company and the User with these Terms as the contractual conditions.

(2) "User": all persons who have registered as a user of the Service.

(3) "Password, etc.": the ID and password necessary for using the Service that the Company grants to the User.

(4) "User Content": content (including, but not limited to, text, images, videos, and other data) that a User writes, records, uploads, or transmits on the Service or on an affiliated service.

(5) "Communication Device": smartphones, tablet devices, and computer equipment.

3.User Registration

1. A person who wishes to become a User of the Service shall, upon agreeing to the contents of these Terms, complete user registration through the procedures prescribed by the Company.
2. If any change occurs to the information registered under the preceding paragraph, the User shall be obligated to immediately carry out the procedures to change the registered information.
3. The Company may, at its discretion, refuse user registration.
4. A User may not use, lend, assign, sell, pledge, or otherwise dispose of their account on the Service to any third party.

4.Password Management

1. The User shall be responsible for managing the Password, etc.
2. If the Password, etc. becomes known to a third party, or if there is suspicion that the Password, etc. is being used by a third party, the User shall immediately notify the Company to that effect and, if instructed by the Company, comply with such instructions.
3. The Company shall bear no liability whatsoever even if the User suffers any damage due to the unauthorized use of the Password, etc.

5.Intellectual Property Rights, etc.

1. All intellectual property rights relating to the Service belong to the Company or to those who have licensed their use to the Company, and the conclusion of the Contract or the granting of the license to use the Service does not mean the granting of a license to use the intellectual property rights relating to the Service.
2. The User grants the Company a license to use User Content free of charge to the extent necessary for the Company to provide the Service.
3. The User agrees not to exercise moral rights of authorship relating to User Content against the Company or persons designated by the Company.

6.Prohibited Acts

1. The Company prohibits the acts set forth in the following items in connection with a User's use of the Service.

   (1) Acts that violate these Terms

   (2) Acts that infringe, or that may infringe, the proprietary or personal rights of the Company, of licensors from whom the Company has received a license, or of any other third party, including intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyrights, and portrait rights

   (3) Acts that cause, or that may cause, disadvantage or damage to the Company or a third party

   (4) Acts that unjustly harm, or that may harm, the honor, rights, or credit of others

   (5) Acts that violate laws, regulations, or ordinances, etc.

   (6) Acts that are contrary, or that may be contrary, to public order and morals, or acts of providing to other Users or third parties information that may be contrary to public order and morals

   (7) Criminal acts, acts connected to criminal acts, acts that promote such acts, or acts that may do so

   (8) Acts of providing information that is contrary to fact or that may be contrary to fact

   (9) Unauthorized access to the Company's systems, and the accompanying alteration of program code, falsification of location information, intentional falsehood, cheating acts using the specifications of Communication Devices or other applications, distribution of computer viruses, and other acts that interfere, or that may interfere, with the normal operation of the Service

   (10) Acts that damage, or that may damage, the credit of the Service

   (11) Acts that may adversely affect the minds and bodies of young people and their sound development

   (12) Acts of using the Service by impersonating a third party, such as by using another User's account

   (13) Acts that are connected, or that may be connected, to crimes such as fraud or the illegal trading of deposit and savings accounts and mobile phones

   (14) Acts relating to criminal proceeds, acts relating to the provision of funds to terrorism, or acts that are suspected of being such acts

   (15) Any other act that the Company determines to be inappropriate

2. If the Company determines that a User's act falls under any of the items of Paragraph 1, the Company may take any or all of the following measures without prior notice.

   (1) Restriction or suspension of use of the Service

   (2) Any other act that the Company reasonably determines to be necessary

7.Termination

The Company may terminate the Contract without any notice, etc. if a User falls under any of the following items.

(1) When the registered information contains false information

(2) When the Company is notified by the User's heirs, etc. that the User has died, or when the Company is able to confirm the fact of the User's death

(3) When a minor uses the Service without the consent of their legal representative

(4) When an adult ward, a person under curatorship, or a person under assistance uses the Service without the consent of their guardian of an adult, curator, or assistant, etc.

(5) When the User does not respond in good faith to a request from the Company

(6) When the Company otherwise determines it to be inappropriate

8.Disclaimer of Warranties and Liability

1. The Company makes no warranty whatsoever regarding the contents of the Service or its completeness, accuracy, validity, etc. Furthermore, the Company does not warrant that no interruption, suspension, or other failure will occur in the Service.
2. In using the Service, a User may transition from the Service to other services operated by third parties involved in the Service (hereinafter "External Services"). In such cases, the User uses the Service and the External Services at their own responsibility and expense, upon agreeing to the terms of service, etc. of the External Services. The Company makes no warranty whatsoever regarding the contents of the External Services or their completeness, accuracy, validity, etc.
3. The Company shall bear no liability whatsoever even if a User suffers damage as a result of failing to change their registered information.
4. Users shall use the Service within the scope of the law. The Company shall bear no liability whatsoever even if a User violates the laws of Japan or a foreign country in connection with the use of the Service.
5. The Company shall bear no liability whatsoever for any damage, etc. to a User arising from the theft of User information through unexpected acts such as unauthorized access.
6. The Company shall bear no liability whatsoever in the event that non-performance occurs with respect to all or part of the Contract due to force majeure such as natural disasters, geological changes, fire, strikes, trade embargoes, war, civil unrest, the spread of infectious diseases, or other causes.
7. The Company shall bear no liability whatsoever even if, in connection with the use of the Service, a User comes into a dispute (whether inside or outside the Service) with a third party such as another User; any dispute between a User and a third party shall be resolved by the relevant User at their own expense and responsibility.

9.Liability for Damages

1. If a User causes damage to the Company in connection with a violation of these Terms or the use of the Service, the User shall compensate for the damage incurred by the Company (including lost profits and attorneys' fees).
2. Notwithstanding the other provisions of these Terms except for the following paragraph, if the Company causes damage to a User due to reasons attributable to the Company, the Company shall be liable to compensate for such damage only to the extent set forth in the following items.

   (1) In the case of the Company's willful misconduct or gross negligence: the full amount of such damage

   (2) In the case of the Company's slight negligence: within the scope of ordinary damage that actually and directly arises (excluding special damages, lost profits, indirect damages, and attorneys' fees), and capped at 10,000 yen

3. Notwithstanding the preceding paragraph, where a User is a corporation, or where an individual uses the Service as a business or for business purposes, the Company shall bear no liability whatsoever for any damage incurred by such User in connection with the Service, unless there is willful misconduct or gross negligence on the part of the Company. In the event the Company compensates for damage, the cap shall be 10,000 yen.

10.Modification, Suspension, and Interruption of the Service

1. The Company may, at its discretion, modify the contents of the Service or terminate its provision. In the event the Company terminates the provision of the Service, the Company shall notify Users in advance.
2. The Company may temporarily suspend or interrupt the provision of all or part of the Service without prior notice to Users in any of the following cases.

   (1) When periodic or emergency inspection or maintenance work on the computer systems relating to the Service is carried out

   (2) When provision of the Service becomes difficult due to a failure of computers or communication lines, etc., erroneous operation, an excessive concentration of access, unauthorized access, hacking, or other unforeseen factors

   (3) When a failure occurs in a Linked Service or External Service, making provision of the Service difficult

   (4) When a security problem relating to the Service occurs

   (5) When operation of the Service becomes impossible due to force majeure such as earthquake, lightning, fire, wind and flood damage, power outage, natural disaster, or the spread of disease or infectious disease

   (6) When lawful operation of the Service becomes difficult

   (7) When the Company otherwise reasonably determines that suspension or interruption of the Service is necessary

3. The Company shall bear no liability whatsoever for any damage caused to a User by measures taken by the Company pursuant to this Article.

11.Confidentiality

1. The User confirms and acknowledges that they will treat as confidential any confidential information disclosed by the Company to the User (including know-how relating to the Service, information relating to the Company's systems, and all technical or business confidential information), except where the prior written consent of the Company has been obtained.
2. Whenever requested by the Company, the User shall, in accordance with the Company's instructions and without delay, return or destroy the confidential information referred to in the preceding paragraph, as well as any documents or other recording media on which such information is written or recorded, and all copies thereof, etc.

12.Exclusion of Anti-Social Forces

1. The User and the Company represent that they do not currently fall under the category of an organized crime group, a member of an organized crime group, a person for whom five years have not yet elapsed since they ceased to be a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate extortionist, etc., a group engaging in criminal activities under the pretext of conducting social campaigns, etc., a crime group specialized in intellectual crimes, or any other person equivalent to the foregoing (hereinafter collectively "Members of Organized Crime Groups, etc."), and that they do not fall under any of the following items, and warrant that they will not fall under these categories in the future.

   (1) Having a relationship recognized as one in which Members of Organized Crime Groups, etc. control management

   (2) Having a relationship recognized as one in which Members of Organized Crime Groups, etc. are substantially involved in management

   (3) Having a relationship recognized as one in which Members of Organized Crime Groups, etc. are unjustly used, such as for the purpose of seeking unlawful gains for oneself, one's own company, or a third party, or for the purpose of causing damage to a third party

   (4) Having a relationship recognized as one involving the provision of funds, etc. to, or the provision of conveniences to, Members of Organized Crime Groups, etc.

   (5) Having a relationship in which an officer or a person substantially involved in management has a socially reprehensible relationship with Members of Organized Crime Groups, etc.

2. The User and the Company pledge that they will not, by themselves or by using a third party, engage in any act falling under any of the following items.

   (1) Violent demands

   (2) Unjust demands exceeding legal responsibility

   (3) Acts of using threatening words or conduct, or using violence, in relation to a transaction

   (4) Acts of damaging the credit of the other party, or obstructing the other party's business, by spreading rumors, using deceptive schemes, or using force

   (5) Any other act equivalent to the preceding items

3. If it becomes clear that the other party is a Member of Organized Crime Groups, etc. or falls under any of the items of Paragraph 1, has engaged in an act falling under any of the items of the preceding paragraph, or has made a false declaration with respect to the representation and warranty under the provisions of Paragraph 1, the User and the Company may terminate the Contract without any demand on the other party, regardless of whether there is any cause attributable to themselves.
4. The User and the Company confirm and acknowledge that, in the event the Contract is terminated pursuant to the preceding paragraph, they shall bear no liability whatsoever to compensate for any damage caused to the other party.

13.Method of Contact

As a general rule, contact, notices, etc. from the Company to a User regarding the Service shall be made through the screen of the Service or to the contact information provided by the User to the Company.

14.Handling of Personal Information

The handling of personal information in the Service shall be governed by the Privacy Policy established by the Company.

14-2.Delegation of the Handling of Personal Information by Server Administrators

1. In this Article, "Server Administrator" means a User who has the authority to introduce, or to approve the introduction of, the bot program of the Service into a Discord server, and "Member" means a person who participates in the relevant server.
2. With respect to the handling of Members' information in the server that the Server Administrator manages, the Server Administrator entrusts all or part thereof to the Company as an entrustment set forth in Article 27, Paragraph 5, Item 1 of the Act on the Protection of Personal Information. The Company shall handle Members' information in accordance with the purpose and scope of such entrustment.
3. The Server Administrator represents and warrants to the Company the matters set forth in the following items.

   (1) That the Server Administrator holds the authority to administer the relevant server

   (2) That the Server Administrator is in a position to give the necessary notice to Members, or to publicly announce the necessary matters

4. The Server Administrator bears the obligation to notify Members of, or to publicly announce, the purpose of use of Members' personal information pursuant to Articles 18 and 21 of the Act on the Protection of Personal Information. The Company shall provide the information necessary for the Server Administrator to perform such obligation.
5. With respect to presence information (meaning online status, the type of connected device, and the activity being carried out; the details thereof are set forth in the Privacy Policy), the Company shall handle such information only in servers for which permission has been obtained from the Server Administrator by the method prescribed by the Company. The Company does not store presence information relating to servers for which such permission has not been obtained.
6. If a dispute arises with a Member or any other third party as a result of a Server Administrator's breach of the representations and warranties under Paragraph 3 or the obligations under Paragraph 4, the relevant Server Administrator shall resolve it at their own expense and responsibility.

14-3.Creation and Use of Statistical Information

1. In this Article, "Statistical Information" means information created by aggregating or analyzing information relating to multiple Users, Members, or servers, which is in a form in which no specific individual can be identified and from which the personal information that formed the basis of its creation cannot be restored.
2. The Server Administrator permits the Company to create Statistical Information using the information that the Company handles based on the entrustment under Paragraph 2 of the preceding Article, and to use such Statistical Information.
3. The Server Administrator permits the Company to provide the Statistical Information created pursuant to the preceding paragraph to Users as a function or a report of the Service, or to provide it to third parties (including provision for a fee).
4. Statistical Information does not constitute personal information. The Company's rights under this Article shall survive the termination of the Contract.

15.Handling of Inquiries

1. The Company shall endeavor to respond to inquiries from Users regarding the Service, but shall not be obligated to respond except where an obligation or liability arises for the Company under laws and regulations or under these Terms.
2. The Company shall not be obligated to disclose the criteria for whether or not it responds to inquiries from Users.

16.Assignment of Status, etc.

Neither the User nor the Company may, without the prior written consent of the other party, assign, transfer, create a security interest in, or otherwise dispose of, to any third party, all or part of their status under the Contract or their rights or obligations under these Terms. However, this shall not apply to a share transfer, business transfer, merger, company split, or other corporate reorganization.

17.Severability

1. Even if part of the provisions of these Terms is determined to be invalid under laws and regulations, the other provisions of these Terms shall remain valid.
2. Even if part of the provisions of these Terms becomes invalid or is rescinded in relation to a particular User, these Terms shall remain valid in relation to other Users.

18.Changes to these Terms

1. The Company may change these Terms from time to time pursuant to the provisions of Article 548-4 of the Civil Code in any of the following cases. The Contract after these Terms have been changed shall be governed by the revised Terms.

   (1) When the change to these Terms conforms to the general interests of Users

   (2) When the change to these Terms is not contrary to the purpose for which the contract was concluded and is reasonable in light of the necessity of the change, the appropriateness of the contents after the change, the contents thereof, and other circumstances relating to the change

2. When changing these Terms, the Company shall determine the time at which the revised Terms take effect, and shall, by no later than two weeks prior to such effective time, notify Users of the contents of the revised Terms and the effective time, display them on the Service, or otherwise notify Users by methods prescribed by the Company.
3. Notwithstanding the provisions of the preceding two paragraphs, if a User uses the Service after the notification of the change to these Terms in the preceding paragraph, or if a User does not take the procedures for cancellation within the period prescribed by the Company, the relevant User shall be deemed to have agreed to the change to these Terms.

19.Governing Law

The governing law for these Terms shall be the laws of Japan in all respects.

20.Jurisdiction

The Tokyo District Court shall be the exclusive agreed court of jurisdiction of the first instance for any and all litigation between a User and the Company.

21.Miscellaneous

1. With respect to matters not provided for in these Terms, the User shall comply with any detailed rules, etc. separately established by the Company. In such case, such detailed rules, etc. shall constitute an integral part of these Terms.
2. The detailed rules, etc. shall take effect from the time they are posted at a location prescribed by the Company.
3. In the event of any conflict or inconsistency between the detailed rules, etc. and the contents of these Terms, these Terms shall prevail.