Terms of Use

Article 1 (Application of these Terms and Conditions)

1. These Terms and Conditions apply to the web service TOSHIKA (hereinafter referred to as the ‘Company’), which is managed by PROTOCOL Inc. (hereinafter referred to as ‘the Company’), and the terms and conditions that must be observed when using the web service TOSHIKA (hereinafter referred to as ‘the Service’) managed by PROTOCOL Inc. The Terms and Conditions set out the matters that must be observed when using the web service ‘TOSHIKA’ (hereinafter referred to as ‘the Service’), as well as the rights and obligations of the contractor of the Service (hereinafter referred to as ‘Member’). The agreement sets out the rights and obligations between the Company and the contractor of the Service (hereinafter referred to as the ‘Member’). Please read it carefully before using the service.
2. This Agreement sets out the rules of use, prohibitions, our disclaimer of liability, etc. for the peace of mind of members who agree to the content of this Agreement when using the service. This Agreement applies to all relations between the Company and its members. Please read the entire agreement and use the service only if you agree to these terms and conditions. (The contract for the use of the Service established in accordance with these Terms and Conditions is hereinafter referred to as the ‘Agreement’.) . By using the Services, the Member is deemed to have agreed to the Agreement.
3. If there are any notes, confirmations or individual terms and conditions, etc. (hereinafter collectively referred to as the ‘Individual Terms and Conditions, etc.’) which the Company publishes on the Services, these Individual Terms and Conditions, etc. shall be deemed to be part of these Terms and Conditions. If there are any notes, confirmations or individual terms and conditions (hereinafter collectively referred to as ‘Individual Terms and Conditions’), these Individual Terms and Conditions shall be deemed to be part of these Terms and Conditions. In the event of any discrepancy between the content of the Individual Terms and Conditions and the provisions of the Terms and Conditions, the Individual Terms and Conditions shall prevail.
4. The content of the Terms and Conditions may be changed as necessary at the discretion of the company. In the event of any changes to the Terms and Conditions, the Company will notify members in advance by posting on the Company's website or by other appropriate means of the contents of the amended Terms and Conditions and the date on which they come into effect.

Article 2 (Application and registration)

1. Any person wishing to use the Services (hereinafter referred to as ‘Registration Applicant’) (hereinafter referred to as the ‘Registration Applicant’) agrees to comply with these Terms and Conditions and provides the information specified by the Company (hereinafter referred to as the ‘Registration Matters’). The person who wishes to use the Services (hereinafter referred to as the ‘Registration Applicant’) may apply to the Company for registration to use the Services by agreeing to comply with these Terms and Conditions and by providing the Company with the information specified by the Company in accordance with the procedures set out by the Company.
2. The Company shall decide whether or not a prospective registrant who has applied for registration in accordance with paragraph 1 (hereinafter referred to as ‘registration applicant’) The Company decides whether or not the applicant is approved for registration in accordance with the criteria set by the Company. If the registration is approved, the Company will notify the registration applicant to that effect. With such notification, the registration applicant is deemed to have completed his/her registration as a member (hereinafter referred to as ‘member registration’). The registration of the applicant as a member (hereinafter referred to as ‘member registration’) is deemed to be completed.
3. If the Company determines that an applicant for registration falls into any of the following categories, the Company may reject the application of such applicant for registration and refuse the use of the Services to such applicant in the future. In rejecting the application of a registration applicant, the Company shall not be obliged to inform the applicant of the reasons for the rejection of said application.
   1. If there is an error or omission in all or part of the information or materials provided by the applicant for registration to the Company.
   2. This means when an applicant for registration is an anti-social force (i.e. a gangster, etc. (i.e. a gangster, a member of a gang, a person who has not ceased to be a gangster for five years, a quasi-organised member of a gang, a gang-related company, a general meeting house, etc. or special intelligence violent group, etc.) or any other person equivalent thereto, or a person falling into any of the following categories. (The same applies below.) (i) If the person is a person who falls under any of the following.
      1. If the company has a relationship with a gangster or other person deemed to control the management of the company.
      2. Where a gang member or other person has a relationship that is deemed to be substantially involved in the management of the company.
      3. If the relationship is deemed to involve unjustified use of gang members, etc. for the purpose of illicit gain for oneself or a third party or for the purpose of inflicting damage on a third party.
      4. If the relationship is deemed to involve the provision of funds or other benefits to gang members, etc.
      5. Officers or persons substantially involved in the management have socially reprehensible relations with gangsters, etc.
   3. If the applicant for registration has previously been forcibly terminated in accordance with these Terms and Conditions.
   4. If the applicant for registration does not exist
4. Upon completion of registration as set out in paragraph 2, a contract for the use of the Service is formed between the Member and the Company in accordance with the Terms and Conditions.
5. Minors must obtain the prior consent of a parent or other legal representative for all use of the Service. This consent is required for all use of the Service.
6. If any changes occur to the registration information, the member shall promptly provide the changed information to the Company in the manner specified by the Company. In addition, the member shall promptly respond to any request by the Company for the submission of data relating to the changes. If there has been a change in the registration information but the member has not completed the change procedure, the Company may treat the registration information as unchanged.
7. The company accepts no liability for any damage caused to members or registration applicants as a result of changes made to the registration information by members or the company's failure to approve the registration.

Article 3 (Management of registration information)

1. The Member shall be responsible for the proper management and use of the registration information relating to the Service at his/her own risk and shall not make it available to third parties, or lend, transfer, change the name of, buy or sell, etc.
2. The Company shall not be liable for any damage caused by inadequate management of registration information, storage errors or unauthorised use by third parties. In addition, if the unauthorised use of the registration information causes damage to the company, the company may claim compensation for damages (including legal fees within a reasonable range) and other claims permitted by law against the member.
3. Members shall immediately notify the Company in the event of loss or theft of their ID and password for the use of the lent service.

Article 4 (Term of use)

1. Unless otherwise specifically agreed in the application form or other written agreement, the period of use of the Service by the Member shall be one year from the date of commencement of use as stated in the application form, and shall thereafter be automatically renewed in one-year increments on the same terms and conditions. Termination during the period of use shall not be possible, except as provided for in Article 8.7.
2. If the member does not renew as set out in the preceding paragraph, the member must notify the Company in writing (including by e-mail, etc.) to that effect at least one month before the expiry date of the period of use. The same applies below). The member must then submit a notice of cancellation in accordance with the company's regulations to the company. In the absence of such notification, the period of use will be automatically renewed under the same conditions.

Article 5 (Withdrawal from membership)

1. If the Member wishes to withdraw from the Service, the Member must request the Company to withdraw from the Service in the manner specified by the Company.
2. The Member shall cease to be eligible to use the Service as from the effective date of withdrawal. ‍

Article 6 (Cancellation of registration, etc.)

1. If the Company considers that a member falls into any of the following categories, the Company may, without prior notice or demand, delete information posted on the Service by the member, temporarily restrict the member's use of the Service, delete the member's registration, terminate the Service, and thereafter refuse to provide any of the Services to the member. The Company may refuse to provide any and all Services to the Member in question thereafter. The Company is not obliged to explain the reasons for such measures to the Member.
   1. If a member is found to be an anti-social force
   2. If it is found that there are material errors in the registration information.
   3. If a member is found to fall under any of the conditions specified in Article 2.3.
   4. If a petition for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganisation proceedings or special liquidation is filed against the member; if the member is subject to seizure or other compulsory execution or provisional seizure or other temporary restraining order; if the member is suspended from making payments; if the member is subject to suspension of business, suspension or revocation of permits or licences or other administrative action.
   5. If there is no response to our enquiries for a certain period of time
   6. If any of the provisions of these Terms and Conditions are breached.
   7. In addition to the above, if we consider that the Member's use of the Service is inappropriate for the operation of the Service, or that it interferes with the provision of the Service.
2. Even if a member suffers any damage as a result of action taken against the member in accordance with the preceding paragraph, the Company shall not be liable.

Article 7 (Prohibitions)

1. When using the Service, Members shall not engage in any of the following acts
   1. Violating any of the provisions of these Terms and Conditions
   2. Regular storage or use of content in internal or external databases or systems.
   3. Reproducing, selling or publishing the information beyond the scope of private use, or disclosing or providing the information to third parties.
   4. Acts of mechanically retrieving content from the Services by using computer software technology (e.g. scraping or crawling).
   5. Acts that place an excessive burden on the Service's network or systems.
   6. Decompiling, disassembling, reverse engineering or otherwise analysing the software or other systems provided by the Company.
   7. Unauthorised access or attempts to gain unauthorised access to our network or systems.
   8. Transmitting inappropriate data such as spam, chain letters, computer viruses, etc.
   9. Acts that defame individuals or organisations or infringe their privacy.
   10. Intentionally registering or providing false or inaccurate information.
   11. Dissemination of false information.
   12. Infringing the rights of others, including copyright, trademark rights, portrait rights and other intellectual property rights
   13. Alteration or erasure of third party information.
   14. Acts that cause detriment to the Company or third parties.
   15. Acts that cause detriment to the Company or third parties.
   16. Acts contrary to laws and regulations, public order and morality, and acts related to criminal activities, or acts that may lead to such acts.
   17. Acts that interfere with the smooth operation of the Service or damage the Company's reputation or credibility.
   18. If we recognise a member as a competitor
   19. Violating the guidelines posted on the Service by the Company.
   20. Acts other than those set out in the preceding paragraphs, which are deemed inappropriate on reasonable grounds by the Company.
   21. Acts that directly or indirectly attract, encourage or facilitate any of the preceding acts.

Article 8 (For paid services)

1. The Member shall pay the fee for the Paid Services (the ‘Paid Services’) by the payment method specified by the Company for the Paid Services by the deadline specified by the Company. In addition, the Member shall bear any fees related to the payment.
2. If payment of the subscription fee is not made by the due date, the Company shall be entitled to charge a late fee of 8.7% per annum for the period from the day after the due date until the payment is completed.
3. If a member who uses a paid service fails to pay the subscription fee at least once, the company can make the member forfeit the benefit of time for all debts relating to the use of the service by giving the member prior notice. In such a case, the member shall immediately pay the full amount of the debts forfeited after receiving notification.
4. The Company may collect any taxes (including, but not limited to, sales tax) required to be collected and paid to the tax authorities under the law, in addition to the subscription fee, depending on the applicable rate or amount of tax.
5. The company shall use the address given by the member in the application to determine whether the sales tax is internal or external. The member shall be responsible for any problems with the collection of consumption tax due to an error in the notified address.
6. If the member expresses the intention to cancel the paid-for service in the middle of the month, the company will not refund the subscription fee corresponding to the number of days remaining in the month in question.
7. The Company may revise the annual fee for the Service by notifying the Member at least 60 days prior to the expiry of the usage period. If the Member does not agree with the revision, the Member may terminate use of the Service by giving notice of termination as specified by the Company in accordance with Article 4.2.
8. The company reserves the right to suspend the services provided to members in accordance with article 6, but the member remains liable for payment of the subscription fee under the contract during the period of service suspension.

Article 9 (Handling of personal data)

1. In providing this service, the company handles personal information collected from members in accordance with the Privacy Policy and complies with the laws and regulations relating to the protection of personal data.

Article 10 (Use of name and voluntarily provided information)

1. Members (limited to legal entities) The member (corporate entity only) authorises the Company to use the member's name and other information for sales and marketing purposes only and to use the member's name and other information as a record of the introduction of the Service.
2. Evaluations or achievements, etc. concerning third parties voluntarily provided by the member to the Company (hereinafter referred to as ‘Voluntarily Provided Information’) shall be authorised to be used for services or websites operated by the Company at the discretion of the Company.
3. The information provided voluntarily may be edited or used as is if necessary by the company. The company is not obliged to inform members about the edited content.
4. No remuneration or consideration is paid to members for the information they voluntarily provide.

Article 11 (Liability of the Company)

1. While we endeavour to provide reliable information to our members, we do not guarantee any of the following When using the Service, Members are responsible for judging the usefulness of the information and services provided on the Service and use them at their own risk.
   1. Information provided on the Services (including information displayed on the Services and information provided in related emails, etc. The same shall apply hereinafter). The Company does not guarantee the usefulness, accuracy, safety, legality or up-to-dateness of the information provided on the Service (including information displayed on the Service and information provided in related e-mails, etc.).
   2. If a member enters into a contract with a third party on the basis of information provided on the Service, the member is responsible for all matters relating to that contract.
   3. The Company does not guarantee that the information and services provided through the Services will be free from defects, errors or failures.
   4. That the services, information, etc. available through the service meet the member's expectations.
   5. It does not guarantee that emails, web content, etc. transmitted in connection with the Services are free from computer viruses or other harmful material.
2. We reserve the right to modify, delete or add content in relation to the Services at our discretion, without any guarantee that the Services will remain identical as a result of such modifications, deletions or additions. In addition, we reserve the right to terminate the provision of the Services at any time at our discretion.
3. The Company shall not be liable in any way for any emotional or property damage caused by the Member's use of the Service. However, if the Company is liable to a Member for damages due to the application of the Consumer Contract Act, the scope of liability shall be limited to damages caused to the Member by the negligence (excluding gross negligence) of the Company. However, if the Consumer Contract Act applies, the scope of liability shall be limited to direct and ordinary damages actually incurred by the member as a result of default or tort caused by the company's negligence (excluding gross negligence).
4. The Company does not guarantee that there will be no errors or failures in the Service, server failures, damage caused by viruses or other defects in the infrastructure, systems, etc. for the provision of the Service. In addition, if the provision of the Service is disrupted due to fire, power failure, natural disasters or other force majeure not attributable to the Company, or if the provision of the Service becomes difficult, the Company shall not be liable for any damage caused to the Member as a result.
5. The Company provides a helpdesk service to Members in relation to the use of the Service. The helpdesk service provides support on how to use the Service and related matters in relation to the Service. However, the service does not cover the matters specified in the following items.
   1. Representation of tasks that can be carried out by the member's personnel themselves.
   2. Provision of information and data in breach of the terms and conditions of our data source destination Research and provision of information not stored within the Service.
   3. Preparation of graphs, reports, etc.
   4. Providing opinions and advice on which indicators should be adopted and on decisions based on the information collected (upon request, we may provide opinions to a reasonable extent, but we are not responsible for their content. Final decisions and responses are the responsibility of the member).

Article 12 (Suspension or termination of service, etc.)

1. The company may change the content of the service or stop providing the service without prior notice to members if any of the following events occur.
   1. When maintenance, updating or urgent action is required in relation to the systems, infrastructure, etc. used to provide the Service.
   2. In the event of a system or infrastructure failure, etc.
   3. If the provision of the Service becomes difficult due to acts of God, war, civil war, riot or other force majeure.
   4. Other cases where the Company deems it necessary to change, suspend or discontinue the service.
2. The Company may delete the input information after the Service has been suspended or after the end of the usage period. The company shall not be liable for any damage to the member resulting from the deletion of the input information.

Article 13 (Prohibition of reuse)

1. If a member uses our services or the data comprising them beyond the purpose for which they were provided, we reserve the right to stop them from doing so and to claim an amount equivalent to the profit the member has made from these actions.

Article 14 (Compensation for damages)

1. If a member violates these Terms and Conditions and causes damage to the Company or a third party, the member shall compensate for any damage, whether direct or indirect.

Article 15 (Obligations of the user after cessation of use)

1. If it is found that the User has violated any provision of these Terms of Use after the Service has been suspended or after the end of the period of use of the Service, the User shall erase the information obtained through the use of the Service at the Company's request. This shall not apply in cases where the preservation of such information is required by law, regulation, judgment, order, decision, instruction, etc. of a government body, financial instruments exchange or other public body or other procedures in which they are involved.

Article 16 (Attribution of rights)

1. All intellectual property rights relating to the Services belong to the Company or third parties who have the relevant rights. The licence to use the Services under these Terms and Conditions does not imply a licence to use any intellectual property rights held by the Company or third parties in relation to the Services.
2. Members shall be solely responsible for the information they have posted (‘Member-posted information’). The company assumes all responsibility for the content, accuracy, legality, etc. of the information posted by members (the ‘Member Listings’). The company does not guarantee or accept any responsibility for the content, accuracy or legality of the information posted by members.
3. The member grants the Company the right to freely use the information posted by the member without compensation and agrees not to exercise moral rights.

Article 17 (Transfer of status)

1. Members may not assign, transfer, encumber or otherwise dispose of their status or rights or obligations under the Terms and Conditions to third parties without the prior written consent of the Company.
2. If the Company transfers the business related to the Service to another company, the status, rights, obligations, member registrations and other customer information under the Terms and Conditions may be transferred to the transferee of such business transfer. The member is deemed to have agreed in advance to such transfer in this paragraph. In addition to ordinary business transfers, the business transfers set out in this paragraph shall include all forms of business transfers, including company splits and other business transfers.

Article 18 (Court of competent jurisdiction)

1. All disputes relating to the Service and these Terms and Conditions shall be governed by the laws of Japan and the Tokyo District Court shall be the court of exclusive jurisdiction of the first instance.

Article 19 (Severability)

If any provision of these Terms and Conditions or part thereof is found to be invalid or unenforceable, the remaining provisions of these Terms and Conditions and the remainder of any provision which is found to be invalid or unenforceable in part shall remain in full force and effect.

Article 20 (Survival provisions)

Articles 2.3, 6.1-2, 7, 8.2, 9, 10.2-4, 11, 15, 16 and 18-20 shall survive the termination of this Agreement.

For any queries relating to these Terms and Conditions, please contact

<Contact us about this service>
Name of business: PROTOCOL Inc.
Location : 2-14-12 Iwamotocho, Chiyoda-ku, Tokyo, Japan

supplementary provisions
28 October 2024 Enacted.