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Terms of Use for Easy Quiz Generation with AI

Article 1 (Application of these Terms and Conditions)

  1. These terms and conditions apply between the user (hereinafter referred to as the "user") and learningBOX, Inc, (hereinafter referred to as the "Company") of the QuizGenerator generated by the AI assist function provided by Company to create quizzes (hereinafter referred to as the "Service").
  2. Users shall apply for use of the Service upon agreeing to the Terms of Use in advance.
  3. If the user is a minor, please obtain the consent of a person with parental authority or other legal representative before using the Service.
  4. In the event that a minor user uses the Service by falsely claiming to have the consent of a legal representative even though he/she does not have such consent, by falsely claiming to be of legal age, or by using other fraudulent means to make the user believe that he/she is of legal capacity, all legal acts related to the Service cannot be revoked.
  5. If a user who was a minor at the time of agreeing to these Terms of Use uses the Service after reaching the age of majority, such user shall be deemed to have ratified all legal acts related to the Service.

Article 2 (Modification of these Terms and Conditions)
1. In the following cases, we may change the contents of this Agreement without agreeing with the user individually, by amending this Agreement, we deem that there is an agreement on the provisions of this Agreement after the change.
(i) when the modification of these Terms and Conditions is compatible with the general interests of the Users
(ii) the modification of the Terms and Conditions is not contrary to the purpose for which this Agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the modified contents, and other circumstances pertaining to the modification.
2. When modifying the Terms of Service pursuant to the preceding paragraph, the Company shall specify the effective date of the modification and indicate on the Company's website the fact that the Terms of Service are being modified, the content of the modified Terms of Service, and the effective date of the modification.

Article 3 (Suspension of Service Provision)

  1. In any of the following cases, the Company may suspend the provision of the Service.
    (1) When maintenance or construction of the system for providing this service is unavoidable
    (2) When the Company determines that the Service cannot be provided due to fire, power outage, etc.
    (3) When the Company deems it impossible to provide the Service due to natural disasters such as earthquakes, eruptions, floods, and tsunamis, or due to war, disturbance, riot, civil commotion, labor disputes, etc.
    (4) When a telecommunications carrier suspends telecommunications service
    (5) When the Company deems it necessary to suspend the Service for other operational or technical reasons
  2. In the event of any of the following events, the Company may suspend provision of the Service and terminate the contract with the user.
    (1) When it is found that there is a falsehood in the application or contact details, etc. with the Company
    (2) When payment has been suspended or payment has become impossible
    (3) When a disposition of seizure or provisional seizure has been made, or when an auction or provisional disposition has been filed
    (4) When a petition for commencement of bankruptcy proceedings, special liquidation, corporate reorganization proceedings or civil rehabilitation proceedings is filed
    (5) When the Company dissolves or transfers all or a significant part of its business to a third party
    (6) Other violations of these Terms and Conditions and the attached "Special Agreement on AI Use".
  3. In the event that Minebea suspends provision of this service pursuant to the provisions of Paragraphs 1 and 2, Minebea will post a notice to that effect on its website in advance. However, this shall not apply in cases where the Company deems such suspension to be urgent and unavoidable.

Article 4 (Change or Discontinuation of Service)

  1. The Company may change or discontinue the Service as it deems necessary.
  2. In the event of modification or discontinuance of the Service pursuant to the preceding paragraph, the Company shall notify the User of such modification or discontinuance prior to the date of such modification or discontinuance.
  3. In the event of modification or discontinuation of the Service pursuant to the preceding paragraph, the Company will provide a program to the user free of charge to continue providing the user's service, and will set it up so that it can begin operation. The user shall bear the costs necessary for this setup work.

Article 5 (Copyrights, etc.)

  1. Users may not use or disclose information provided through the Service beyond the scope of personal use by the user as stipulated by the Copyright Act without the consent of the copyright holder or other right holder.
  2. When publishing information provided through the Service, users shall confirm that they are not infringing on the copyrights or other intellectual property rights of third parties before publishing it.
  3. The Company prohibits users from reprinting, copying, storing, or forwarding the contents of this service without the Company's permission.

Article 6 (Prohibited Acts)

  1. In using the Service, Users shall not engage in any of the following acts
    (1) Infringing or threatening to infringe any rights, including copyrights and other intellectual property rights, of the Company or any third party with respect to any document or program provided for use of the Service.
    (2) Transfer, lend, or disclose to a third party any document or program provided for the use of this Service without our prior written consent.
    (3) Decompiling, disassembling, reverse engineering, or otherwise analyzing, duplicating, editing, altering, or adapting the data, programs, etc. of this Service
    (4) Transferring the right to receive this Service to a third party
    (5) Acts that the Company deems to interfere with the operation of the Service
    (6) Unauthorized use of user IDs or passwords
    (7) Use of computer programs that interfere or may interfere with the business of others, such as computer viruses, through the use of the Service, or provide such computer programs to a third party.
    (8) Any action that places an excessive load on our servers or other facilities for any purpose other than the original purpose.
    (9) Intentional acts that may lead to the failure of servers or equipment, etc.
    (10) Profiting from a third party by using the Service. However, this paragraph does not apply to the use of the payment function and payment function API provided by the Service.
    (11) Acts that damage the Company's social reputation
    (12) Sending advertisements, promotional or solicitation e-mails (unsolicited advertisements, spam e-mails, or e-mails that the recipient does not wish to receive) without the recipient's permission.
    (13) Acts against public order and morals
    (14)Items restricted or prohibited by the attached "Special Agreement on AI Use".

Article 7 (Handling of Information and Management Responsibility)

  1. In the event that an error occurs in an e-mail sent using the Service (e.g., an incorrect address, rejection by a destination e-mail filter, etc.), the user shall manage the returned error mail himself/herself.

Article 8 (Handling of Users' Data and Contents)

  1. The Company shall not be obligated to back up the data stored by the user on the server managed by the Company, and the user shall back up his/her own data. In the event that maintenance or improvement of our services becomes necessary, we may duplicate the data stored by users on the servers managed by us to the extent necessary for maintenance or improvement of services.
  2. Copyrights to Content uploaded to the Service by users belong to the users or copyright holders of such Content. However, only with regard to content uploaded to the Service with the content publication restriction function set to "general publication" when uploading content to the Service, or content that is made available to unspecified persons through the Service, the user grants us a free and non-exclusive license to use (including reproduction, screening, public transmission, exhibition, distribution, transfer, loan, translation, adaptation, and publication) in Japan and abroad, The user shall be deemed to have granted us the right (including the right to sublicense) to use (including reproduction, screening, public transmission, exhibition, distribution, transfer, lending, translation, adaptation, and publication) the Content in Japan and abroad free of charge and on a non-exclusive basis without limitation. The user shall not exercise moral rights.

Article 9 (Confidentiality)

  1. In providing the Service, the Company shall maintain the confidentiality of information or materials provided by the User that are clearly designated as confidential, with the care of a good manager.
  2. Any personal information about members belonging to the user that is recorded by the user using the service shall be deemed to be clearly designated as confidential as stipulated in the preceding paragraph.
  3. Notwithstanding the provisions of Paragraph 1, information or materials that fall under any of the following items need not be treated as confidential.
    (1) Generally available to the public
    (2) Items already held by the Company
    (3) Items developed independently by the Company outside of the Service
    (4) Legally obtained by the Company from a third party
  4. The Company shall also handle personal information regarding members belonging to the user that is recorded by the user using the Service in accordance with Section 1.
  5. The provisions of this Article shall remain in effect even after the Service is terminated due to cancellation or otherwise.
  6. Upon termination of the provision of the Service, the Company shall destroy all information recorded by the user using the Service.

Article 10 (Advertisements)
The Company may place advertisements of the Company or third parties that have requested the Company to place advertisements on the services and software it provides. However, advertisements on the Service shall be limited to free-of-charge users of the Service.

Article 11 (Liability of the Company)

  1. Although we provide this service with all possible security measures, please understand that we are not responsible for any damage to our facilities or customer data caused by malicious acts of a third party, and that we are not responsible for compensation, restoration, etc.
  2. The Company shall not be liable for any disputes that may arise between users and third parties in connection with the use of the Service.
    3. MCC shall not be liable for any damages whatsoever resulting from changes in the content, interruption, or termination of this service.
    4. When we receive a request from another user or a third party to delete public content, we may decide whether or not to delete the content at our discretion, and we shall not be held responsible for any and all liability arising from such decision.
    5. The Company does not guarantee the accuracy of information published by other users on the Service. The Company shall not be liable for any disputes or troubles regarding the information published on the Service.
    6. The user acknowledges in advance that the Company does not guarantee that the Service is compatible with all information terminals, and that malfunctions may occur in the operation of the Service as a result of OS upgrades, etc. of the information terminal used for use of the Service. The Company does not guarantee that such defects will be resolved by the Company's modification of the program, etc. in the event of such defects.
    7. In addition to the provisions up to the preceding paragraphs, the "Special Terms and Conditions for AI Use" attached hereto shall apply.

Article 12 (Exclusion of Antisocial Forces)
1. The Company and the User represent and warrant to the other party that neither the Company nor the User falls under any of the following items and will not fall under any of the following items in the future.
(1) The company itself, its officers, or any person substantially involved in its management is a member of a crime syndicate, a member of a crime syndicate, a person who has not been a member of a crime syndicate for five years, a quasi-organized crime syndicate member, a company affiliated with a crime syndicate, a general assembly dealer, a person who is a target of social movements, etc., or a special intelligence crime group or other anti-social force (hereinafter collectively referred to as "anti-social forces"). (hereinafter collectively referred to as "Anti-Social Forces").
(2) Having a relationship in which antisocial forces are deemed to control the management of the company.
(3) Having a relationship in which antisocial forces are deemed to be substantially involved in the management of the company.
(4)To have a relationship that is deemed to involve the use of antisocial forces, such as for the purpose of making unjust profits for oneself or a third party, or for the purpose of inflicting damage on a third party.
(5) Having a relationship that is deemed to involve antisocial forces, such as providing funds, etc. or benefits to antisocial forces.
(6)The company's own officers or persons substantially involved in the management of the company have a socially reprehensible relationship with antisocial forces.
(2) The Company and the user represent and warrant to the other party that they will not commit any of the following acts or cause a third party to commit any of the following acts.
(1) Unreasonable demands that use violent or threatening language or behavior.
(2) Any act that defames the other party's honor, credit, etc.
(3) Interfering with the other party's business by using deceptive means or force.
(4) Other similar activities.
3. If it is found that the other party has violated any of the preceding two clauses or has made a false declaration, the Company or the user may immediately terminate this agreement upon written notice (including electromagnetic methods such as e-mail) of the intent to terminate the agreement. In such a case, the Company may immediately terminate the Agreement upon written notice of intent to terminate the Agreement (including by e-mail or other electromagnetic means). In such a case, the other party who has violated either of the preceding two paragraphs or made a false declaration may not claim damages based on such cancellation against the other party who exercised the right of cancellation.
4. The cancellation provided for in the preceding paragraph shall not preclude the party who exercised the right of cancellation from claiming damages from the other party.

Article 13 (Agreed Jurisdiction)

  1. In the event of a dispute between the Company and a user, the Kobe District Court shall be the court of exclusive jurisdiction of the first instance.

Article 14 (Governing Law, etc.)

  1. These Terms and Conditions shall be governed by the laws of Japan, notwithstanding the provisions of the General Rules for the Application of Laws and any other applicable laws.
  2. These Terms of Use are written in Japanese and shall be considered the official text of these Terms of Use. The original text of these Terms and Conditions shall prevail over any translation of these Terms and Conditions into any other language.

Date of enactment: August 2, 2023

Appendix: Special Agreement on the use of AI
Article 1 (Application)
1. This special agreement applies to artificial intelligence (including all algorithms and programs, etc. that generate new products from past learning data as predicted results. The same shall apply hereinafter. This agreement applies to all services (hereinafter referred to as "AI Services") using artificial intelligence (including all algorithms and programs that generate predictions from past learning data as new products; hereinafter referred to as "AI") provided by the Company.
2. The preceding paragraph shall also apply to the use of AI and services that behave in the same manner as AI (hereinafter referred to as "AI Collaboration, etc.") by other companies through API collaboration, etc.

Article 2 (Exemption from Liability)
We reserve the right to terminate the AI Services without prior notice to users.
2. We shall not be responsible for any AI-generated products (hereinafter referred to as "AI-generated products"), and use of AI-generated products shall be at the user's own risk.
3. We do not guarantee the accuracy, authenticity, etc. of the information in the AI Products.
4. The Company shall not be responsible for any backup or other data storage when the user uses AI Services.
5. In the use of AI, we shall suspend or restrict the use of services using AI in the event of any change in the terms and conditions by the AI provider, amendment of laws, or request from the government or other administrative agencies.
6. Even if a user suffers damage as a result of the provisions up to the preceding paragraph, we shall not be liable for compensation or other compensation for such damage.

Article 3 (Response to Excessive Use)
1. We will restrict the use of AI Service when you use AI Service more frequently than expected by us or when we judge that your use of AI Service is inappropriate.

Article 4 (Use of Study Data)
We will take measures to prevent the data entered by users when using AI from being used for machine learning.

Article 5 (Response to Copyright Infringement)
1. We shall suspend your AI service and delete AI-generated materials if it is clear that AI-generated materials generated by AI service infringe on the copyright of a third party, or if we receive a complaint from the copyright holder.
2. Even if an AI-generated product is deleted in accordance with the preceding paragraph, we do not guarantee the backup of the data or the preservation of the data, and we shall not compensate for any damages incurred.

Date of enactment August 2, 2023