Terms of Service
Note: This English text is provided for reference. The Japanese version prevails in case of any discrepancy. This translation is pending legal review.
These Terms of Service (these "Terms") set forth the conditions of use for the service "Code Rakuda" (the "Service") provided by Arstruct Inc. ("we", "us", or "our"). You (the "User") agree to these Terms before using the Service, and your use of the Service shall be deemed to constitute your agreement to these Terms.
Article 1 (Application)
These Terms apply to all relationships between the User and us regarding the User's use of the Service. Any individual provisions, guidelines, or notices that we separately establish on the Service (the "Individual Provisions") form part of these Terms. If the content of the Individual Provisions differs from these Terms, the Individual Provisions shall prevail.
Article 2 (Definitions)
The terms used in these Terms have the following meanings:
- "Service" means "Code Rakuda" provided by us, including any version whose name or content has been changed.
- "User" means any individual or entity that uses the Service after agreeing to these Terms.
- "Diagnostic Target" means the website, source code, system, or other target for which the User requests diagnosis through the Service.
- "Diagnostic Report" means the report, evaluation, findings, or other deliverables that we provide to the User through the Service.
Article 3 (Content of the Service)
The Service visualizes risks in the User's specified Diagnostic Target from technical, operational, security, legal, and other perspectives, and presents priorities for improvement. The Diagnostic Report is provided solely as reference information, and we do not guarantee its accuracy, completeness, timeliness, or fitness for any particular purpose, nor that it covers every risk that may exist in the Diagnostic Target. The User shall determine, at the User's own discretion and responsibility, whether and how to adopt and use the Diagnostic Report.
Article 4 (Registration)
The User shall complete registration for the Service by the method we designate. If we determine that an applicant for registration falls under any of the following, we may refuse to approve the registration or cancel it after the fact, and we are not obligated to disclose the reasons:
- The registration details contain false statements, errors, or omissions
- The applicant has previously violated these Terms
- We determine that the applicant falls under the Antisocial Forces set forth in Article 14
- We otherwise determine that the registration is not appropriate
Article 5 (Account Management)
The User shall manage and store its account information (ID, password, etc.) at its own responsibility, and shall not allow any third party to use it, nor lend, transfer, rename, or sell it. Except where we act with willful misconduct or gross negligence, we are not liable for any damages incurred by the User or any third party arising from inadequate management of account information, errors in its use, or use by a third party.
Article 6 (Fees and Payment)
The usage fee for the Service is pay-per-use only (a fee is charged each time the User submits a request for diagnosis, based on that request). The Service has no monthly, annual, or other recurring (subscription) charge and no automatic renewal; the User will not be charged unless the User submits a request and makes payment on that occasion.
The fee for each diagnosis, the handling of consumption tax, payment methods, and other conditions are as displayed on the Service's information pages. The User shall pay the fee by the method we designate (credit card payment or other method specified on the Service) at the time of the request or at the time specified by the applicable payment method. Payment processing may be carried out through a payment service provider designated by us.
Internet connection fees, communication charges, and other costs necessary for using the Service shall be borne by the User.
Article 7 (Refunds and Cancellation)
Fees paid by the User are, in principle, non-refundable. Given the nature of the service, once work to provide the Diagnostic Report has begun, we cannot accommodate cancellation or refund requests made for the User's convenience. The Service is not subject to the cooling-off system under the Act on Specified Commercial Transactions.
If we are unable to provide the Diagnostic Report due to reasons attributable to us, we will address the matter individually, such as by refunding the fee for the relevant request. Our liability in such cases is limited to the scope set forth in Article 12.
Consumers in the United Kingdom. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 normally allow a consumer 14 days to cancel a contract for digital content. Because the Diagnostic Report is supplied immediately, checkout asks the User to confirm: "I request immediate access to the digital report and acknowledge that I lose my right to cancel once delivery has begun. I agree to the Terms of Service and Refund Policy." By giving that express consent and acknowledgement, the User waives the 14-day cancellation right for that purchase under Regulation 37. Purchases made for purposes relating to a trade, business, craft, or profession are not consumer contracts and no statutory cancellation right arises. Full details are set out in our Refund Policy.
Article 8 (User's Warranties Regarding the Diagnostic Target)
The User warrants that the User is the legitimate rights holder of the Diagnostic Target, or has obtained the necessary authority and consent from the rights holder to have the Diagnostic Target diagnosed through the Service. The User shall not submit for diagnosis any Diagnostic Target belonging to an unauthorized third party without permission. If a dispute arises with a third party in connection with the Diagnostic Target, the User shall resolve it at the User's own expense and responsibility, and shall not cause us any damage.
Article 9 (Confidentiality)
In providing the Service, we shall use information regarding the Diagnostic Target disclosed by the User (including source code) only within the scope necessary to provide the Service and improve its quality, and shall not disclose or leak such information to any third party without the User's prior consent. This does not apply where disclosure is required by law or regulation, or where disclosure is made to the extent necessary to our subcontractors or payment service providers. Details of how such information is handled are set forth in our separately established Privacy Policy.
Article 10 (Prohibited Acts)
In using the Service, the User shall not engage in any of the following acts:
- Acts that violate laws, regulations, or public order and morals
- Acts that infringe the intellectual property rights, privacy, reputation, or other rights or interests of us or any third party
- Acts of submitting, without authorization, any service, system, or code belonging to an unauthorized third party as a Diagnostic Target
- Acts that interfere with the operation of the Service, place an excessive load on our servers, or gain unauthorized access
- Acts of analyzing, reproducing, or diverting the Service or the Diagnostic Report by reverse engineering or other means
- Acts of using information obtained through the Service for attacks against third parties or other wrongful purposes
- Acts of gaining, or attempting to gain, unauthorized access to our network or systems
- Any other act that we determine to be inappropriate
Article 11 (Intellectual Property Rights)
Intellectual property rights relating to the Service and any related software, content, diagnostic methods, and the like belong to us or the legitimate rights holder. Rights relating to the Diagnostic Target (such as source code) provided by the User belong to the User or the legitimate rights holder. The User may use the Diagnostic Report provided by us within the scope of the User's own internal use, and shall not sell or redistribute it to any third party without our prior consent.
Article 12 (Changes, Suspension, and Termination of the Service)
We may change the content of the Service, or temporarily suspend or terminate its provision, without prior notice to the User. We shall be liable for any damages incurred by the User due to the suspension or termination of the Service to the extent set forth in these Terms.
Article 13 (Disclaimer)
We make no warranty, express or implied, as to the completeness, accuracy, usefulness, or fitness for any particular purpose of the Service. Except where caused by our willful misconduct or gross negligence, we are not liable for any damages incurred by the User arising from the User's use of, or inability to use, the Service.
Even where we are liable to the User for damages, including in cases where mandatory laws such as the Consumer Contract Act apply, the scope of such liability is limited to direct and ordinary damages actually incurred, and the total amount is capped at the amount the User actually paid us for the request that was the direct cause of the damage.
Article 14 (Exclusion of Antisocial Forces)
The User represents and warrants that the User does not fall under, and has no relationship with, organized crime groups, members of organized crime groups, or any other antisocial forces equivalent thereto (collectively, the "Antisocial Forces"). If the User falls under, or we determine that the User falls under, the Antisocial Forces, we may suspend the provision of the Service or cancel the User's registration without any prior demand.
Article 15 (Suspension of Use and Cancellation of Registration)
If the User violates these Terms, or in any other case we determine necessary, we may suspend all or part of the User's use of the Service, or cancel the User's registration, without prior notice. Except where caused by our willful misconduct or gross negligence, we are not liable for any damages incurred by the User as a result.
Article 16 (Handling of Personal Information)
We shall appropriately handle personal information of the User obtained through the use of the Service in accordance with our separately established Privacy Policy.
Article 17 (Prohibition on Assignment of Rights and Obligations)
The User may not assign or pledge as collateral its position under these Terms, or its rights and obligations under these Terms, to any third party without our prior written consent.
Article 18 (Severability)
Even if any provision of these Terms, or any part thereof, is determined to be invalid or unenforceable under applicable laws and regulations, the remaining provisions of these Terms, and the remaining part of any provision determined to be invalid or unenforceable, shall remain in full force and effect.
Article 19 (Changes to these Terms)
We may amend these Terms as we determine necessary, in accordance with the Civil Code and other applicable laws and regulations. When we amend these Terms, we will give notice of the content of the amended Terms and their effective date by posting on the Service or by other appropriate means. The amended Terms shall take effect as of the effective date we designate.
Article 20 (Governing Law and Jurisdiction)
These Terms shall be governed by and construed in accordance with the laws of Japan. Any dispute arising between us and the User in connection with the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of our head office as the court of first instance.
Contact
For inquiries regarding these Terms, please contact us via the contact form.