Terms of Use

The Terms of Use (hereinafter referred to as the “Terms”) set forth the matters to be observed by the User (hereinafter referred to as the “User”) of the Performance Treasure Map (hereinafter referred to as “PTM”) license services (hereinafter referred to as “Services”) provided by ZERO-ONE LLC (hereinafter referred to as the “Company”) as well as the rights and obligations of the Company and the User with respect to the use of the Service. The User are required to use the Service in accordance with the Terms of Use. All User intending to use the Service are required to review the Terms before using the Service.

Article 1 (Application)

• The Terms of Use shall apply to all rights related to the use of the Service between the User and the Company.
• In addition to the Terms, the Company may stipulate various rules, guidelines regarding the use of the Service (hereinafter referred to as the “Individual Rules”). The Individual Rules, regardless of the name by which they are called, constitute a part of the Terms.
• In the event that the provisions of the Terms conflict with the provisions of the Individual Rules set forth in the preceding paragraph, the provisions of the Individual Rules shall take precedence unless otherwise specified in the Individual Rules.

Article 2 (Service)

• The Service is provided to the User by the Company under the License Agreement (as defined in the following provision). The Service is a service that allows the User to view the PTM Original K-Map developed by the Company and PTM Lab. official maps (hereinafter collectively referred to as “MAP”).
• In order to use the Service, it is necessary that the User must apply for a license agreement under which the Company grants the User the right to view MAP (hereinafter referred to as the “License Agreement”) and the Company accept the application.
• Since the License Agreement only grants the User the right to view MAP, it does not means that the intellectual property rights of MAP (meaning patent rights, utility model rights, design rights, trademark rights and copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act), the right to obtain registration of these rights or the rights arising from applications for registration thereof, and the rights equivalent to these rights in foreign countries) and other rights) shall not be transferred to the User, but shall be reserved to the Company.
• The viewing rights under the License Agreement are non-exclusive, revocable, and non-sublicensable, and User are prohibited from transferring or lending the rights to other Users or third parties, or from allowing others to use the viewing rights without the Company’s prior permission.
• The User may use MAP for his/her own academic research or training purposes, and shall not disclose or allow a third party to use MAP or its information for commercial purposes without the Company’s prior permission.
• The Mind Meister that a service is provided by a third party to create MAP and used in the Service requires the User to switch to a paid plan if the User wish to create or view more than three (3) MAPs. The User who exceeds this limit by using the Service must switch to a paid plan for Mind Meister. Even if the User cannot view MAPs because the User do not switch to a paid plan for Mind Meister, we will not refund the license fee (which means the consideration for the license to view MAPs based on the License agreement). 
• Even if the User cannot use this service or view the map due to the performance or specifications of the User’s device (including but not limited to PC and Smartphone.) used for this service, we will not refund the license fee.
• The license to view the MAP will be granted within 3 business days after the Company confirms payment of the license fee by the User.

Article 3 (Application for the Service and Account Information)

• If the Company determines that the User may fall under any one of the following items, the Company may reject the User’s application for the License Agreement:
  • minor, adult ward, person under curatorship or person under assistance;
  • if the User have violated or may violate the Terms in the future;
  • antisocial Force (which means collectively organized crime groups, organized crime group members, quasi organized crime group members, organized crime group-associated companies, corporate extortionists, rogue persons proclaiming themselves as social activists, organized special intellectual crime groups and other groups or individuals seeking economic benefit by conducting or using violence, force or fraud);
  • if the payment method registered by the User is not recognized as a legitimate and valid payment method;
  • if the User is impersonating a third party; or
  • the Company otherwise reasonably determines that acceptance of the application would be inappropriate.
• If the User loses his/her registered e-mail address (hereinafter referred to as the “Registered E-mail Address”), the User must make a new application for the Service. The Company shall not be liable for any damage or disadvantage incurred by the User as a result of this.
• The User must match the Registered E-mail Address with the e-mail address used to settle the payment for the Service. The Company shall not be liable for any damage or disadvantage incurred by the User due to the failure to match.
• The User shall be responsible for managing the Registered E-mail Address and other User account information (including but not limited to IDs, passwords) necessary for use of the Service. Even if such information is used by a third party in an unauthorized manner, the Company may deem any act based on such information to be the act of such User himself/herself.
• The User are prohibited from transferring or lending the Registered E-mail Address or other account information to other User or third parties, or from allowing others to use the User’s account information without the Company’s permission.
• Information related to the Service will be provided to the Registered E-mail Address. The User agrees to this in advance.
• Due to the specifications of the Mind Meister system used for this service, the User’s Registered E-mail Address will be viewable by other Mind Meister system’s users. The User agrees to this in advance.

Article 4 (License Fee)

• The amount of the license fee will be set forth separately on the website relating the Service (hereinafter referred to as the “Website”).
• The payment due date and payment method of the license fee shall be set forth in the Website. The User shall comply with the conditions.
• The license fee is non-refundable and non-reducible for any reason.
• In the event that the User fails to pay the license fee, the User shall pay to the Company default interest on any unpaid amounts at a rate of 14.6% per annum.

Article 5 (Intellectual Property Rights)

The copyrights or other intellectual property rights of the Service, the MAP and the other contents included in the Service shall belong to the Company and the right holders designated by the Company. The User may not resell, reproduce, alter, or make any other secondary use of these without Company’s permission; provided, however, that the User may spread awareness of the Service through SNS and other means for the purpose of advertising and publicizing the Service.

Article 6 (Prohibited Matters)

In using the Service, the User shall not engage in any of the following acts, and the Company may delete any conduct of the User that violates this Article, and shall not be liable for any damage or disadvantage incurred by the User as a result of such conduct:

• acts that violate laws and regulations or public order and morals;
• conduct related to criminal activity;
• infringement of intellectual property rights contained in the Service;
• any action that destroys or interferes with the Company’s server or network functions;
• commercial use of information obtained through the Service without the Company’s consent;
• actions that may interfere with the operation of the Company’s services;
• unauthorized access or attempts to unauthorized access to the Service;
• collecting or accumulating personal information about other Users;
• impersonating another User;
• acts directly or indirectly related to Antisocial Forces in relation to this service;
• acts that infringe on the rights or interests of the Company or third parties;
• acts that defame the Company or third parties;
• acts that cause discomfort to the Company or third parties;
• transmitting computer viruses or other harmful computer programs;
• any act of advertising, publicity, solicitation, or sales without the Company’s permission (including acts of religious solicitation); or
• Other activities that the Company reasonably determines to be inappropriate.

Article 7 (Suspension of Provision of the Service)

• In the event of any of the following circumstances, the Company shall reserve the right to permanently discontinue or temporarily suspend all or part of the Service without prior notice to the User:
  • when the Company conducts scheduled or unscheduled inspections, update or maintenance of the computer systems relating to the Service;
  • when the Service becomes inoperable due to fire, power failure, natural disaster, or any other cause of force majeure;
  • when a computer or telecommunications network ceases to operate or function as a result of an accident;
  • when the Mind Meister service used in this service is terminated; or
  • when for any other reason the Company reasonably determines that discontinuation or suspension is necessary.
• The Company shall not be responsible or liable for any damage incurred by the User or others as a result of any action taken by the Company in accordance with this Article.

Article 8 (Terminate)

• The Company may temporarily suspend use by the User of the Service or terminate the License Agreement without any prior notice if the User falls under any of the following:
  • violation of any provision of the Terms;
  • the User information registered in the Service is found to contain false information;
  • falling any one of the items in Article 3, Paragraph 1 applies;
  • if the User’s credit card or other means of payment of the license fee is suspended;
  • in the event of default in the payment of the license fee;
  • when there is no response from the Company for a certain period of time; or
  • the Company determines for any reason that the continuation of the use the Service by the User would be inappropriate.
• The Company shall in no event be responsible or liable for any damage incurred by the User as a result of any action taken by the Company in accordance with the provisions of this Article.

Article 9 (Disclaimer and Limitation of Liability)

• The Company does not warrant that the Service and MAP will be free from defects in fact or in law (including, but not limited to, defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors or bugs, infringement of rights.). 
• The Company shall not be liable for any and all damages incurred by User as a result of any use the Service or MAP. 
• The Company shall not be liable for any loss of profits, business opportunities or data, interruption of business and indirect, special, consequential or incidental damages incurred by the User.
• Even if the Company shall be responsible or liable for the damage by the application of compulsory provisions in laws, the responsibility and liability of the Company for such damage shall be limited to the total amount of the license fee that the Company actually receives from the User.
• The Company shall not be responsible for any transactions, communications, disputes arising between the User and other User or third parties (including, but not limited to, providers of external services) in connection with the Service.

Article 10 (Confidentiality) 

• For the purposes of the Terms, the “Confidential Information” means any and all information related to technology, business, operation, finance, organization of the Company which may be provided or disclosed by the Company to, or comes to the knowledge of, the User in connection with the Terms or the Service in writing, orally or in storage media, but excluding information (1) which is generally available to the public or known to the User at the time when the information is provided or disclosed by the Company to or comes to the knowledge of the User; (2) which becomes publicly known through publication or otherwise without fault of the User after the information is provided or disclosed by the Company to or comes to the knowledge of the User; (3) which the User has lawfully acquired without any obligation of confidentiality from a third party authorized to provide or disclose the information; (4) which the User has developed independently of the Confidential Information, or (5) which is confirmed by the Company in writing to be excluded from the obligation of confidentiality.
• The User shall use the Confidential Information solely for the purpose of using the Service hereunder, and shall not provide, disclose or divulge the Confidential Information to any third party without the Company’s prior written consent.
• Notwithstanding Article 10.2, the User may disclose the Confidential Information when such disclosure is required by law or by an order, requirement or request of a court or governmental authority; provided, however, that such order, requirement or request shall be promptly notified to the Company by the User.
• At any time upon request by the Company, the User shall promptly return to the Company or destroy the Confidential Information and the documents or other storage media containing or including the Confidential Information along with all reproductions thereof in accordance with the instructions of the Company.

Article 11 (Change of Service Contents)

The Company may change the contents of the Service or discontinue providing the Service without notice to the User, and shall not be liable for any damages incurred by the User as a result of any action taken by the Company in accordance with the provisions of this Article.

Article 12 (Amendment and Changes to Terms)

The Company reserves the right to make amendments to the Terms (including, without limitation, The Individual Rules.).  In the event of any amendment to the Terms, the Company shall notify the content and effective date of such amendment in a manner specified by the Company before such effective date.  If the User uses the Service after such notified effective date, the User shall be deemed to have agreed to such amendment made to the Terms.

Article 13 (Treatment of Personal Information)

Treatment by the Company of the User’s personal information shall be subject to the provisions of Company’s privacy policy, which is separately prescribed by the Company, and the User hereby agrees to treatment by the Company of the User’s personal information pursuant to such privacy policy.

Article 14 (Notice)

Any inquiries with respect to the Service or other communications or notices from the Users to the Company, or the notices concerning any amendment to the Terms or other communications or notices from the Company to the User shall be made in accordance with the procedures specified by the Company. The Company shall consider the contact address registered at the time of application for the Service to be the valid contact address and shall send notices or communications to such contact address, which shall be deemed to have reached the User at the time of transmission.

Article 15 (Assignment of Terms)

• The User shall not assign, transfer, grant security interests on or otherwise dispose of its status under the License Agreement or rights or obligations under the Terms without the prior written consent of the Company.
• In cases where the Company assigns the business related to the provision of the Service to a third party by any means, such as through a business transfer or company split, the Company may, as a part of such assignment of business, assign to the third party assignee its status under the License Agreement, its rights and obligations under the Terms, and the registration information and other information relating to the User, and the User hereby agrees to such assignment in advance.

Article 16 (Governing Law and Jurisdiction)

• The Terms shall be governed by the laws of Japan without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Service.
• Any and all disputes arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.