Terms of Use
The following Terms of Use ("Terms") apply to the use of all services provided by GMO Insight Inc., including but not limited to websites, software, search services, bulletin boards, and any software related or incidental thereto (collectively, the "Service"). The Service may only be used by individuals who have agreed to these Terms.
1. Scope of Application
These Terms constitute the common terms and conditions governing the use of the Service provided by GMO Insight Inc. ("Company").
The Company may establish separate rules, policies, or guidelines applicable to individual services on its website or elsewhere. Such rules and policies shall constitute a part of these Terms. Therefore, users must agree to all applicable terms and conditions in order to use each service. In the event of any conflict between these Terms and any individual terms, the individual terms shall prevail, while the remaining provisions shall apply concurrently.
2. Effectiveness and Amendment of the Terms
Users of the Service ("Users") must agree to and comply with these Terms. Some services may not require user registration; however, these Terms shall still apply, and use of the Service constitutes acceptance of these Terms.
If a user has not reached the age of majority or legal responsibility under the laws applicable in the user's place of residence ("Minor"), or is otherwise restricted from performing legal acts independently, the user must obtain the consent of a parent, legal guardian, or other legally required representative before using the Service.
The Company may amend these Terms at any time in the following cases:
- When the amendment conforms to the general interests of Users.
- When the amendment does not contradict the purpose of the agreement and is reasonable in light of the necessity of the amendment, the appropriateness of the amended contents, and other relevant circumstances.
If the Company amends these Terms, the Company shall specify the effective date and notify Users of the amended Terms and effective date by posting them on the Company's website or by any other method deemed appropriate at least two weeks prior to the effective date.
If a User does not agree to the amended Terms, the User must immediately cease using the Service. Continued use of the Service after the effective date shall constitute acceptance of the amended Terms.
3. Usage Environment
Use of the Service requires Internet access. Users are responsible, at their own expense, for preparing and properly installing, configuring, and operating the necessary equipment, software, and telecommunications environment. The Company is not involved in such preparation or operation.
In using the Service, Users acknowledge that the following may be modified or updated for the purpose of providing the Service:
- Standard settings of the User's computer or web browser/application,
- Certain customized settings by the User (including but not limited to search function settings),
- Software provided by the Company.
Depending on the User's device or communication environment, all or part of the Service may not be available. The Company does not guarantee compatibility with any future software or technologies.
4. Use of Registered Services
For Services requiring user registration, Users must comply with the following conditions:
- Users must provide registration information specified by the Company in the prescribed manner.
- Registration applications must be made by the User personally.
- Users must provide truthful, accurate, and current information.
- Users must not provide false, inaccurate, or misleading information.
The Company may refuse registration in any of the following cases:
- If the Company determines there is a risk of violation of these Terms,
- If false statements, errors, or omissions exist in the registration information,
- If the applicant has previously had service registration revoked,
- If the applicant is a minor or otherwise legally incapacitated without necessary consent,
- If the Company otherwise deems registration inappropriate.
Users must promptly notify the Company of any changes to registered information and submit requested documentation.
5. Software License
For Services requiring specific software, the Company may provide designated software to Users. In such cases, the Company grants Users a non-transferable, non-exclusive license to use the software. The software is licensed, not sold.
Except for rights expressly granted, the Company reserves all rights related to the software.
These Terms also apply to upgraded or modified versions of the software. The Company may implement such changes at its discretion but is under no obligation to do so.
The Company may verify software versions distributed for use of the Service and update them appropriately.
6. Modification, Suspension, and Termination of Services
The Company may, at its discretion, modify, add to, or remove Service contents or functions at any time. The Company may also suspend or terminate all or part of the Service at any time.
The Company makes no guarantee regarding Service content, availability, access results, or continuity.
In addition, the Company may temporarily suspend the Service without prior notice in the following cases:
- Maintenance or construction of service facilities,
- Failure of service facilities,
- Telecommunications service outages caused by telecommunications providers,
- Force majeure events such as fire, power outages, natural disasters, or epidemics,
- Any other operational or technical reason deemed necessary by the Company.
7. Restrictions on Use
The Company reserves the right to establish rules restricting Users' use of the Service, including but not limited to posting frequency, allocated disk capacity, and access time.
Even if the Company temporarily stores Users' messages or other information, the Company is under no obligation to retain such information and may delete it at any time. The Company bears no responsibility for damages resulting from such deletion.
8. Management of IDs and Passwords
Users are responsible for managing IDs and passwords obtained through registration. Users bear responsibility for all activities conducted using their IDs.
If unauthorized use or leakage of IDs or passwords is suspected, Users must immediately notify the Company. Users must also log out each time they temporarily cease using the Service.
The Company provides no guarantee regarding damages arising from leakage or unauthorized use of IDs or passwords.
9. Responsibility for Transmitted Information
Users acknowledge that all content—including but not limited to information, data, documents, software, music, audio, photographs, images, videos, messages, and text ("Content")—belongs to the original creator or rightful holder.
Certain Services allow Users to create, store, upload, transmit, or share Content. Users are solely responsible for Content transmitted, disclosed, provided, created, stored, uploaded, transmitted, or shared through the Service ("User Content").
The Company assumes no responsibility for User Content and does not guarantee its reliability, truthfulness, or legality. Users may be subject to penalties, claims for damages, or objections from third parties regarding User Content. The Company bears no liability for damages arising from User Content.
Users must comply with all applicable laws and regulations regarding online conduct and transmission of information across borders, including export control laws.
10. Handling of Personal Information
Please refer to the Company's Privacy Policy regarding personal information. The Privacy Policy specifies the types of data collected, methods and purposes of use, and handling of User Content.
By using the Service, Users consent to the collection, use, and disclosure of personal information and other matters described in the Privacy Policy. Certain Services may separately require consent to the Privacy Policy.
11. Prohibited Conduct
Users shall not engage in any of the following acts:
- Altering or deleting information available through the Service, or transmitting false information,
- Exploiting, harming, or threatening minors,
- Infringing intellectual property rights,
- Defaming or discriminating against others,
- Infringing privacy, portrait rights, or publicity rights,
- Disclosing others' personal information without consent,
- Sending unauthorized advertisements or spam,
- Fraudulent activities,
- Pyramid schemes,
- Transmitting obscene or child abusive materials,
- Illegal election activities,
- Distributing harmful programs such as computer viruses,
- Phishing or spam activities,
- Accessing the Service through unauthorized means,
- Impersonation,
- Unauthorized access attempts,
- Violating laws or public order and morals,
- Encouraging prohibited acts,
- Any other conduct deemed inappropriate by the Company.
12. Deletion and Suspension Measures
If a User violates these Terms or engages in prohibited conduct, the Company may, at its discretion:
- Delete or hide relevant information,
- Suspend or terminate all or part of the User's access and registration.
The Company bears no responsibility for damages resulting from deletion or non-deletion of information.
13. Content Submitted to the Company
Some Services, such as bulletin boards, allow access by unspecified users. By submitting Content to such Services, Users grant the Company a perpetual, worldwide, royalty-free, non-exclusive license (including sublicensing rights) to use, reproduce, publish, modify, distribute, translate, adapt, and otherwise utilize such Content.
Users agree not to exercise moral rights regarding such Content.
The Company may preserve and disclose Content and related information when required by law, necessary to enforce these Terms, respond to infringement claims, or protect rights, property, safety, or public interest.
The Company may analyze information transmitted by Users to improve functionality and convenience.
14. Responsibility Regarding Content
Users shall evaluate the reliability, accuracy, completeness, and usefulness of Content at their own responsibility and risk. Users understand that Content available through the Service, including bulletin boards, may not always be reliable.
Users also acknowledge that transmitted data or signals may be altered depending on network or device conditions.
15. Rights Related to the Service
All intellectual property rights and other rights related to the Service and Content (excluding User Content) belong to the Company or its licensors.
Users may not sell, rent, sublicense, transfer, reproduce, modify, translate, reverse engineer, decompile, or disassemble the Service or Content without authorization.
16. Use of Third-Party Applications and Services
The Service may allow access to third-party products, services, websites, links, content, materials, skills, bots, or applications ("Third-Party Applications").
Users may search, request, or operate Third-Party Applications and may permit or be required to share User Content with them. Users themselves are responsible for authorizing use of Third-Party Applications.
17. Service Availability
The Service or Third-Party Applications may become unavailable, restricted, or vary depending on region, environment, or device.
18. Indemnification
Users shall resolve all claims arising from their use of the Service or software at their own expense and responsibility.
If the Company incurs costs or pays damages in connection with such claims, Users shall reimburse the Company, including attorneys' fees.
19. Cancellation of Registration
The Company may cancel registration or suspend or permanently terminate use of the Service without notice if:
- The User violates these Terms,
- The User dies or becomes legally incapacitated,
- The User does not use the Service for over six months and fails to respond to Company communications,
- The Company otherwise deems continued use inappropriate.
Users falling under the above shall automatically lose the benefit of any payment deadlines owed to the Company.
The Company bears no liability for damages resulting from such measures.
20. Disclaimer and Limitation of Liability
The Company provides no warranty regarding accessibility, availability, operation, defect-free performance, or bug fixes.
The Company makes no guarantee regarding completeness, accuracy, usefulness, fitness for purpose, or suitability to User preferences of information obtained through the Service.
The Company is not responsible for external websites linked to or from the Company's website.
Transactions with advertisers are solely between Users and advertisers.
The Company provides no warranty regarding operation of devices or software used by Users.
Except in cases of willful misconduct or gross negligence by the Company, the Company shall not be liable for damages arising from interruption, suspension, deletion of data, registration cancellation, equipment failure, or other Service-related issues.
21. Limitation of Damages
Notwithstanding other provisions, except in cases of willful misconduct or gross negligence, the Company's liability for damages shall be limited to direct and ordinary damages actually incurred, up to a maximum of JPY 10,000.
22. Notices and Communications
Notices from the Company to Users may be made by website posting, email, or other methods deemed appropriate by the Company.
Such notices become effective upon posting, sending, or at the time specified by the Company.
23. Exclusion of Anti-Social Forces
Users represent and warrant that they are not affiliated with organized crime groups or similar anti-social forces.
Users shall not engage in:
- Threatening or violent demands,
- Defamation or obstruction of business through false rumors or fraudulent means,
- Similar acts.
Users violating this provision shall compensate the Company for all resulting damages.
This provision shall prevail over conflicting provisions of these Terms.
24. Anti-Bribery Compliance
Users represent and warrant that:
- They comply with all applicable anti-bribery and anti-corruption laws, including but not limited to Japan's Unfair Competition Prevention Act, the U.S. Foreign Corrupt Practices Act (FCPA), and the UK Bribery Act.
- They establish and maintain internal policies and procedures necessary to ensure such compliance.
25. Compliance with Export Control Laws
The Company and Users shall comply with the Foreign Exchange and Foreign Trade Act of Japan and all other applicable export control laws and regulations.
The Company and Users shall comply with all export/import control regulations, embargoes, and economic sanctions imposed by Japan, the United States, and the United Nations.
26. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Japan.
Any disputes arising between the Company and Users in connection with the Service, software, or these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.