terms of service

These Terms of Use (hereinafter referred to as the "Terms") set out the terms of use of the "Accessdove" service (hereinafter referred to as the "Service") provided by TechMeBrains Inc. (hereinafter referred to as the "Company") and the rights and obligations between the Company and its customers. To use the Service, you must read the entire Terms and agree to these Terms.

Article 1 (Applicability)

1. The purpose of these Terms and Conditions is to define the terms and conditions for providing the Service and the rights and obligations between the Company and the Customer regarding the use of the Service, and these Terms and Conditions apply to all relationships between the Customer and the Company regarding the use of the Service.
2. In the event of any discrepancy between the contents of these Terms and Conditions and the rules set forth in the preceding paragraph or other explanations of the Service outside these Terms and Conditions, the provisions of these Terms and Conditions shall prevail.

Article 2 (Registration)

• 1. Any person who wishes to use the Service (hereinafter referred to as the "Applicant") may apply to the Company for registration to use the Service by agreeing to abide by these Terms and Conditions and providing the Company with certain information specified by the Company (hereinafter referred to as the "Registration Details") in the manner specified by the Company.
• 2. The Company shall determine whether or not to approve the registration of an Applicant who has applied for registration pursuant to Paragraph 1 in accordance with the Company's standards, and if the Company approves the registration, the Applicant shall be notified of such approval. The Applicant's registration as a customer shall be deemed to have been completed upon the Company's notification of this Paragraph.
• 3. Upon completion of the registration set forth in the preceding paragraph, these Terms will be established between you and the Company, and you will be able to use the Service in accordance with these Terms.
• 4. If the registration applicant falls under any of the following items, the Company may refuse registration or re-registration, and shall not be obligated to disclose the reasons therefor.
  • (1) If all or part of the registration information provided to the Company is false, incorrect, or missing
  • (2) If the person is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of their legal representative, guardian, curator, or assistant.
  • (3) If the Company determines that a person is a member of anti-social forces (meaning organized crime groups, members of organized crime groups, right-wing groups, anti-social forces, or other similar persons; the same applies hereinafter), or that the person has some kind of interaction or involvement with anti-social forces, such as cooperating with or being involved in the maintenance, operation, or management of anti-social forces through funding or other means.
  • (4) If the Company determines that the person wishing to register is a person who has previously violated a contract with the Company or a related party.
  • (5) If you have been subject to any of the measures set out in Article 10
  • 6) Any other case in which the Company determines that registration is inappropriate.

Article 3 (Changes to registered information)

If there are any changes to the registered information, the customer shall notify the Company of such changes without delay in the manner specified by the Company.

Article 4 (Fees and Payment Methods)

• 1. As consideration for using the Service, you shall pay to us using the payment method separately determined and designated by us.
• 2. If the Customer delays payment of the service fee, the Customer shall pay to the Company late payment charges at the rate of 14.6% per annum.
• 3. The Company may enter into a payment service agreement with a payment service provider (Metaps Payment, Inc.; the same applies hereinafter). Fees related to the payment service provider will be borne by the Company.

Article 5 (Prohibited Matters)

When using the Service, you must not engage in any of the following acts or acts that the Company deems to be any of the following acts:

• (1) Any act that violates laws or regulations or is related to a criminal offense
• ⑵ Fraudulent or threatening acts against our company, other users of the Service, or other third parties
• 3) Actions that are contrary to public order and morals
• ⑷ Any act that infringes the intellectual property rights, portrait rights, privacy rights, reputation, or other rights or interests of the Company, other users of the Service, or other third parties.
• (5) Any act that places an excessive load on the network or system of the Service
• ⑹ Any act that may interfere with the operation of this service
• (7) Unauthorized access to our network or systems, etc., or (8) any attempt to obtain such unauthorized access
• 8. Impersonating a third party
• ⑼ Any publicity, advertising, solicitation, or sales activity on the Service that is not approved in advance by the Company
• ⑽ Collection of information about other users of the Service
• ⑾ Any act that causes disadvantage, damage or discomfort to our company, other users of the Service or other third parties.
• ⑿ Providing benefits to anti-social forces, etc.
• (10) Any act that directly or indirectly causes or facilitates any of the acts listed above.
• 1. Any other conduct that the Company deems inappropriate

Article 6 (Suspension of the Service, etc.)

1. In any of the following cases, the Company may suspend or interrupt the provision of all or part of the Service without prior notice to the Customer.

• (1) When urgent inspection or maintenance work is required for the computer system related to the Service.
• (2) When computers, communication lines, etc. are stopped due to an accident
• (3) When the operation of the Service becomes impossible due to force majeure such as earthquake, lightning, fire, wind and flood damage, power outage, or natural disaster.
• 4) Any other reason that the Company deems it necessary to suspend or interrupt the Service.

2. The Company may terminate the provision of the Service at its own convenience. In such cases, the Company will notify the Customer in advance as soon as possible on its website and to the Customer's registered email address, after ensuring a reasonable period of time to allow the Customer to respond smoothly.

3. We shall not be liable for any damages incurred by you as a result of any measures taken by us pursuant to this Article.

Article 7 (Cancellation of registration, etc.)

• 1. If any of the following events apply to a Customer, the Company may, without prior notice or warning, temporarily suspend the Customer's use of the Service, cancel the Customer's registration, or terminate these Terms and Conditions.
• ⑴ If you violate any provision of these Terms and Conditions
• (2) If it is discovered that any registered information contains false facts.
• (3) If payment is suspended or the Company becomes unable to pay, or if a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or similar proceedings.
• 4) If there is no response to inquiries or other correspondence from the Company for more than 30 days
• (5) When any of the items in Article 2, Paragraph 4 apply
• ⑹ If the Company determines that the use of the Service, registration as a Customer, or continuation of these Terms and Conditions is inappropriate.
• 2. If any of the events set forth in the preceding paragraph occurs, the customer will automatically lose the benefit of time for all debts owed to the Company and will be required to immediately pay all debts to the Company.
• 3. The Company shall not be liable for any damages incurred by the Customer as a result of any actions taken by the Company pursuant to this Article.

Article 8 (Cancellation)

• 1. Even if the contract period is still in effect, the Customer may terminate the use of the Service by notifying the other party in writing or by electronic means by the last day of the month preceding the month in which the Customer wishes to cancel the Service.
  Please note that there will be no refunds for any fees already paid to us upon cancellation. Furthermore, there will be no pro rata settlement of monthly or annual service fees upon cancellation. This means that there will be no refunds even if you cancel a long-term contract midway.
• 2. If you cancel the Service, we may, at our discretion, delete any data related to you in a manner and for a period of time that we deem reasonable in the course of our normal business operations.

Article 9 (Changes and Termination of the Service)

The Company reserves the right to change the content of the Service or to discontinue its provision at its own discretion without notifying the Customer, and shall not be liable for any damages incurred by the Customer as a result thereof.

Article 10 (Disclaimer of Warranties and Indemnification)

• 1. The Company makes no guarantee whatsoever that the Service will suit the specific purposes of the Customer, that it will have the expected functions, commercial value, accuracy, or usefulness, that the Customer's use of the Service will comply with laws and regulations or internal rules of industry associations that are applicable to the Customer, or that there will be no defects.
• 2. We do not guarantee, either explicitly or implicitly, that the Service is free from factual or legal defects (including defects regarding safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, security, etc., errors or bugs, infringement of rights, etc.).
• 3. The Company shall not be liable for any compensation for any interruption, suspension, termination, unavailability or change of the provision of the Service by the Company, the deletion or loss of any message or information sent by the Customer to the Service, the cancellation of the Customer's registration, the loss of registered data or failure or damage to equipment due to the use of the Service, or any other damage suffered by the Customer in relation to the Service (hereinafter referred to as "User Damages").
• 4. Even if the Company is held liable for any reason, the Company shall not be liable to compensate the User for damages in an amount exceeding the amount of the fees paid by the Customer to the Company in the past 12 months, and shall not be liable to compensate for incidental damages, indirect damages, special damages, future damages, or damages related to lost profits.
• 5. We shall not be liable for any transactions, communications, disputes, etc. that arise between you and other customers or third parties in connection with this service.

Article 11 (Maintenance of Confidentiality)

You shall treat confidentially any non-public information disclosed by us in connection with the Service with the request that you treat it as confidential, unless you have our prior written consent.

Article 12 (Outsourcing and Security Management)

In providing the Service, the Company may outsource part of its operations or systems to external companies. In such cases, the Company will require the outsourced company to take necessary and appropriate security management measures to ensure the safety of the Service and the protection of user information.

Article 13 (Intellectual Property Rights)

• 1. Ownership and intellectual property rights of data stored in the cloud service through use of the Service (including information entered by the Customer and results generated by the provision of the Service, hereinafter referred to as "Saved Data") belong to the Customer who provided or generated the Saved Data. However, the Company may handle the Saved Data within the scope of the purposes of providing, maintaining, and improving the Service and complying with laws and regulations.
• 2. All intellectual property rights and ownership rights pertaining to the programs, analytical algorithms, machine learning models, and other technical achievements (hereinafter referred to as "Company Developed Materials") independently developed by the Company in connection with the Service shall belong to the Company. However, the results derived from the saved data generated using the Company Developed Materials shall be subject to the provisions of the preceding paragraph.

Article 14 (Handling of User Information)

Our handling of your user information will be governed by our separate Privacy Policy (https://accessdove.com/policy), and you agree to our handling of your user information in accordance with this Privacy Policy.

Article 15 (Amendments to these Terms and Conditions)

The Company reserves the right to change these Terms of Use. In the event that the Company changes these Terms of Use, the Company will notify the Customer of the details of such changes, and if the Customer uses the Service after being notified of the details of such changes or does not take the procedure to cancel the registration within the period specified by the Company, the Customer will be deemed to have agreed to the changes to these Terms of Use.

Article 16 (Contact/Notification)

Any inquiries regarding the Service or other communications or notices from you to us, and any notices regarding changes to these Terms and Conditions or other communications or notices from us to you, will be made in the manner specified by us.

Article 17 (Transfer of Status under these Terms)

• 1. You may not assign, transfer, pledge as security, or otherwise dispose of your status under these Terms or your rights or obligations under these Terms to a third party without our prior written consent.
• 2. In the event that the Company transfers the business related to the Service to another company, the Company may transfer to the transferee of such business the Company's status under these Terms, the rights and obligations thereunder, and the Customer's registration details and other customer information, and the Customer hereby consents to such transfer in advance. The business transfer set forth in this paragraph shall include not only ordinary business transfers but also company splits and any other cases in which the business is transferred.

Article 18 (Possibility of Separation)

Even if any provision or part of any provision of these Terms and Conditions is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and Conditions and the remaining parts of the provision that is determined to be invalid or unenforceable shall continue to be in full force and effect.

Article 19 (Governing Law and Jurisdiction)

• 1. These Terms and Conditions shall be governed by the laws of Japan. In addition, even if a sale of goods occurs through the Service, it is agreed that the application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.
• 2. The Tokyo District Court shall be the exclusive court of first instance with respect to these Terms and Conditions or any disputes arising out of or in connection with these Terms and Conditions.