Terms of use

This Terms of Use (hereinafter referred to as the "Terms of Use") sets forth the terms and conditions of use of the services provided by UTokyo Economic Consulting Inc. (hereinafter referred to as the “Company”) on this website. Registered users (hereinafter referred to as "User(s)") agree to comply with this Terms of Use.
This Terms of Use is made in Japanese and translated into English. The Japanese text is the original and the English text is for convenience only and is not valid or legally binding. If there is any conflict or inconsistency between these two texts, the Japanese text shall prevail.

Article 1 (Definitions)

The terms used in this Terms of Use are defined as follows:

"The Website" means the website (domain name https://datastore.utecon.net/) operated by the Company.
“Service" means any and all services provided by the Company through the Website. The Website shall also include the mobile site. This Terms of Use shall apply even if there are any changes to the name of the Service.
“Product(s) " means any information, analysis tools or other products provided through the Service (including third-party products provided under license from third parties) and any text, figures, charts, and other information that constitute such products.
“Anti-Social Forces" means an organized crime group, a member of organized crime groups, a person who had been a member of organized crime groups and five (5) years have not passed since he/she disaffiliated from all organized crime groups, a quasi-member of organized crime groups, companies affiliated with organized crime groups, a corporate racketeer (sokai-ya), a group engaged in criminal activities under the pretext of conducting social campaigns or political activities (shakai-undo-to-hyobo-goro), or a crime group specializing in intellectual crimes (tokushu-chino-boryoku-shudan-to), and other similar or equivalent to those referred to above.
“Intellectual Property Rights, etc." means industrial property rights such as patents and trademarks, intellectual property rights such as copyrights (including rights stipulated in Articles27 and 28 of the Copyright Act), and other rights.

Article 2 (Application)

This Terms of Use shall apply to all relationships between the User and the Company regarding the use of the Service.
In addition to this Terms of Use, the Company may establish various rules and regulations regarding the use of the Service (hereinafter referred to as "Individual Regulations"). If there is a conflict between this Terms of Use and the Individual Regulations, even when the name of such Individual Regulations has changed, the provisions in Individual Rules shall prevail unless otherwise set forth in the Individual Regulations.

Article 3 (Account Registration and ID and Password Management)

The Service requires that prospective users register for an account on the premise that they agree to this Terms of Use. A User, who registers for an account, warrants that all information that the user declares to the Company at the time of registration is accurate.
The User agrees to be responsible for any and all use of the Service, including liability for use of the User's ID and password by others.
If there is any change in the information registered with us at the time of account registration, the User shall immediately follow the procedures for changing the information in the prescribed manner on the Service.
The User shall be responsible for taking measures to prevent ID and password theft, such as appropriately managing ID and password so that they are not known to any third party, and regularly changing passwords.
The user shall not allow any third party to use his or her IDs or passwords, lend, transfer, sell, trade, or offer as collateral.
If the Company confirms that the ID and password used at the time of login match the registered ones, it may deem the Service to be used by the relevant user even if they are used by a non-user due to theft, misuse, or other circumstances. The Company shall not be liable for any damage incurred by the User due to misuse by non-user as a result of theft, misuse of ID and password by such non-user, except in the case of willful misconduct or gross negligence of the Company.
If we deem that a User has violated or may have violated these Terms of Use, we may suspend all or part of the Service without notice to the User, and we shall not be liable for any damages incurred by the User as a result of such suspension.

Article 4 (Fees and Payment Method)

The User shall pay for the paid portion of the Service (the Data, etc.) by the method designated by the Company, for a fee separately determined by the Company and displayed on the Service's website.

Article 5 (Prohibitions on Use of the Service)

In using the Service, the User shall not engage in any of the following acts:

any act which violates any laws or ordinances or public order and morals;
any act related to criminal acts;
any act that infringes the copyrights, trademarks, or other intellectual property rights contained in the Service, including the contents of the Service;
any act that destroys or interferes with the functioning of the server or network of the Company, other Users, or any third party;
any commercial use of information obtained through the Service. For example, the following acts;
1. Selling or transferring the information to a third party, with or without compensation
2. Developing or selling your own products or services using the Products
any act that may interfere with the operation of our services;
to gain unauthorized access or attempt to gain unauthorized access (including reverse engineering, decompiling, disassembling, or otherwise analyzing or altering the source code, etc. of the Product);
acts of collecting or accumulating personal information, etc. concerning other users;
to use the Service for any unauthorized purpose;
any act that causes disadvantage, damage, or discomfort to other users of the Service or any other third party;
to impersonate another user;
advertising, publicity, solicitation, or sales activities on the Service that are not authorized by the Company;
directly or indirectly providing benefits to Anti-Social Forces in relation to the Company's services; or
other acts that the Company deems inappropriate.

Article 6 (Suspension of the Service, etc.)

If the Company deems any of the following to exist, the Company may suspend or discontinue the provision of all or part of the Service without prior notice to the user.
1. Maintenance, inspection, or updating of the computer system related to the Service
2. When the provision of the Service becomes difficult due to force majeure, including without limitation, earthquakes, lightning, fire, power outages, or natural disasters
3. In the event of computer or communication line outages due to accidents
4. In any other case in which the Company deems it difficult to provide the Service
the Company shall not be liable for any disadvantage or damage incurred by the user or a third party due to the suspension or interruption of the provision of the Service.

Article 7 (Restriction of Use of the Service and Termination of Registration)

The Company may, without prior notice, restrict a User's use of all or part of the Service, suspend the provision of the Service by the Company, or terminate the User's registration, if the User falls under any of the following cases:
1. if the user violates any of the provisions of these Terms of Use;
2. if any false information is found in the registration;
3. in the event of default in payment of fees or other obligations;
4. the user's business license has been revoked or suspended by the regulatory authorities;
5. when a provisional seizure, provisional disposition, compulsory execution, or auction for the exercise of security interest is filed against the user's property, or when a decision to commence bankruptcy, civil rehabilitation, or corporate reorganization proceedings is made, or when the user goes into liquidation, or when the user becomes insolvent or other similar or equivalent to those referred to above arise;
6. when the User's bill or check is dishonored;
7. when the user resolves to dissolve the company;
8. when there is no response to communications from the Company for a certain period of time;
9. when there has been no use of the Service for a certain period of time since the last use; or
10. in any other cases where the Company deems the use of the Service to be inappropriate.
The Company shall not be liable for any damages incurred by the user as a result of actions taken by the Company in accordance with this Article.

Article 8 (Provision of Products)

The Products made available for download by the Company for provision through the Service shall, in principle, be automatically made available for download in response to a User's purchase.
If the Products are made available by other means, the Company will inform the User of the means of provision and the format in which the Products will be provided.

Article 9 (Scope of Persons Eligible to Use the Product)

The scope of persons who may use the Products shall be as follows:

A.when the user is a legal entity

only the User itself (one legal entity) may use the Product within the scope as set out in the paragraph2 of this Article;

B.when the user is an unincorporated organization

the same shall apply as in the case of a legal entity; or

C.when the user is an individual

only the User himself/herself may use the Service.

2.If the User is a corporation or an organization, only the minimum necessary number of directors, officers and employees of the User may be allowed to handle the Products. However, User shall not be exempted from liability to us on the grounds that the act was committed by an individual officer director or employee.

Article 10 (Prohibited Activities)

In using the Products, the User shall not engage in any of the following acts:
1. to disclose or provide the Products to a third party (hereinafter referred to as "Disclosure" or “Disclose”) or leak the Products, including but not limited to these cases:
  1. to use in legal proceedings such as lawsuits and applications for licenses and approvals;
  2. to use in stock listing procedures, timely disclosure information, securities reports, etc; or
  3. disclosure to parent companies, subsidiaries and other affiliated companies;
2. to disclose or divulge the contents of this Product indirectly, such as orally telling the contents of this Product to a third party;
3. to disclose or divulge to a third party the fact that the Product was provided by the Company;
4. secondary use of the Product beyond the scope permitted under Article 11;
5. to use the Product for any purpose outside the User's business;
6. to reproduce the Product, in whole or in part, in the documents, materials, or other databases, etc. (e.g., collating as reinforcement material to ensure accuracy, etc.) to be Disclosed to a third party;
7. to use the Product for the purposes that violate laws and regulations, offend public order and morals, or unreasonably infringe the rights of third parties; or
8. in addition to the provisions of the preceding items, to adversely affect or cause damage to the Company's business activities through the User's use of the Products.
the provisions of the preceding paragraph shall remain in effect even after the termination of the Usage Contract.

Article 11 (Scope of Reproduction and Other Secondary Use of the Product)

You may reproduce or otherwise make secondary use of the Product within the following scope and to the minimum extent necessary for your use. However, if the Product is protected by editing restrictions or copy protection, etc., the User shall not engage in any act to illegally evade such restrictions or protection.
1. Reproduction (including by electromagnetic recording; the same shall apply hereinafter).
2. Translation.
3. Reproduction in any internal documents or materials except those prohibited.
4. creating statistical materials based on this Product.
The terms and conditions of use of any reproductions, translations, reprinted portions, and statistical data based on the Product (including electromagnetic records. hereinafter referred to as "Reproductions.") shall be the same as those of the original Product, and the User shall not perform any act prohibited or restricted with respect to the Reproductions as with the original Product.
The User shall not make any claim with respect to the Reproductions beyond the scope of the rights of use granted with respect to the Product. The User shall procure its directors, officers and employees not to make any claim with respect to the Reproductions.
The provisions of this Article shall remain in effect even after the termination of the Usage Contract.

Article 12 (Account Deletion)

if a User wishes to delete his/her account, he or she shall notify the Company of such deletion in the manner prescribed by the Company.
After deletion of your account, you will not be able to download or use the Products through the Service

Article 13 (Disclaimer of Warranty and Disclaimer of Liability)

The Company does not warrant, either expressly or implicitly that the Services and Products are free from defects in fact or law (including defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc., errors or bugs, infringement of rights, etc.).
The Company makes no warranty of any kind to the User regarding the quality or performance of the Services or the Products, and shall not be liable for any actions or decisions made by the User based on the Services or Products. In addition, the Company shall not be liable to the User for any suspension, discontinuance, or defect of the Service, or for any loss or damage arising out of or in connection with such suspension, discontinuance, or defect (including the loss of data entered for any reason).
The Company does not warrant that Users will not be damaged by computer viruses or other harmful programs when using the Service.
The Company shall not be liable to the User for any damages incurred by the User arising out of or in connection with the browsing or use of the Website, etc.
The Company shall not be liable for any damages incurred by other users or third parties arising out of or in connection with the use of the Service by the User, or any damages incurred by the User arising out of or in connection with the viewing of the Service by third parties, or any disputes between the User and other users or third parties.
If the Company causes damage to you in relation to the Service for reasons attributable to the Company, the Company’s total liability shall be limited to the total amount of fees we have received from you in relation to the Service for up to one year from the month in which the damage occurred, and the Company shall be liable only for the general damages directly incurred by the User as a result of the use of the Service and shall not be liable for any incidental damages, special damages, lost profits, or other indirect damages regardless of whether they were foreseen or foreseeable, provided that, this limitation shall not apply if such damages are caused by the Company's wilful misconduct or gross negligence.

Article 14 (Change of Service Contents, etc.)

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 such changes or discontinuation.

Article 15 (Modification of Terms of Use)

The Company may change the contents of the Terms of Use as the Company deems necessary without obtaining the prior consent of the User.
If the Company changes the contents of the Terms of Use and notifies the User of such changes, the User shall be deemed to have agreed to the changed Terms of Use and the changed Terms of Use shall apply to the use of the Service after the effective date of the changed Terms of Use specified in the notification.
Notwithstanding the provisions of the preceding two paragraphs, in the event of a change in the content of the Terms of Use that requires the consent of the user or prior notice, etc., under the law, the Company shall obtain the consent of the user or provide prior notice, etc., in a manner prescribed by the Company.

Article 16 (Intellectual Property Rights, etc.)

Any and all intellectual property rights, etc. related to the Service and the Products shall belong to the Company or any party that has licensed the use or enforcement of copyrights, etc. to the Company.
The User shall warrant to us that the hardware, software, network, and any other equipment, etc. used by the User to use the Service will not infringe any third party's copyrights, etc. in using the Service.

Article 17 (Handling of Personal Information)

The Company shall properly handle personal information obtained through the use of the Service in accordance with the Company's "Privacy Policy.

Article 18 (Notification or Communication)

If the Company is obligated to notify a User, we shall be deemed to have fulfilled that obligation by sending notification to the User's address, telephone, or e-mail address that the User has registered with the Company. We shall not be liable for any damages incurred by the User due to the User's failure to register the User's address, telephone number, or e-mail address in accordance with the method specified by the Company, and thus the said notification did not reach the User.

Article 19 (Prohibition of Assignment of Rights and Obligations)

The User shall not assign his/her position under the Usage Contract or rights or obligations under this Agreement to a third party or offer them as collateral without prior written consent of the Company.

Article 20 (Confidentiality)

User shall not disclose or divulge to any third party any information, which Company requires User to treat as confidential, disclosed by Company to User in connection with use of the Service except with the prior written consent of Company.

Article 21 (Exclusion of Anti-Social Forces)

The Company and the User, respectively, represent and warrant that none of the following items are or will be applicable to it:
1. falling under the category of Anti-Social Forces ;
2. having any relationship that may be construed to result in any Anti-Social Forces having control over its management;
3. having any relationship that may be construed to result in any Anti-Social Forces having substantial involvement in its management;
4. having any relationship that may be construed as unduly using or making use of, any Anti-Social Forces for the purposes of unduly benefiting itself or a third party or causing damages to a third party;
5. having any relationship that may be construed as providing funds, etc. or benefits to Anti-Social Forces;
6. an officer or a person substantially involved in its management has a relationship with Anti-Social Forces that is socially condemnable; or
7. making violent demands, threatening words or actions, unreasonable demands beyond legal responsibility, or damage the credibility or obstruct the business of others by spreading rumors, false information, or force, etc., by itself or byusing a third party.
If it is found that the other party violates any of the representations and warranties in the preceding paragraph and falls under any of the items of the preceding paragraph, the Company or the User may, without any notice, suspend provision of the Service or immediately terminate all contracts related to the Service, and may demand compensation for damages suffered by the non-breaching party.

Article 22 (Governing Law and Jurisdiction)

This Agreement shall be governed by and construed in accordance with the laws of Japan.
The Tokyo District Court shall have exclusive jurisdiction in the first instance over any disputes arising in connection with the Service.

Supplementary Provisions

Enacted on November 8, 2021

Revised on September 26, 2022