Terms

Terms of Use

Section 1: General Provisions

Article 1. The Service

These Terms of Use (hereinafter "Terms") apply to all actions taken by users when using "EnhanceAGI" (hereinafter "the Service," which includes the service under any new name or content if the name or content changes for any reason) provided and operated by SOPPRA Digital transformation Co., Ltd. (hereinafter "the Company").
The Service means the service whereby users provide design documents to the Company and the Company provides automatically generated program code to users, as well as all services provided on this website (defined in Article 2, "the Site") or this application (defined in Article 2, "the App") related thereto.
To use the Service, users must agree to these Terms in advance and complete a Service application and user registration. By completing the Service application, users are deemed to have agreed to all of these Terms and any related terms and notices.
The Service may separately present special provisions (sub-rules subordinate to these Terms) applicable only to campaigns or specific uses. In such cases, for those specific uses, the special provisions take precedence over these Terms on matters covered therein, and these Terms apply to matters not covered by the special provisions.

Article 2. Definitions

The following terms used in these Terms have the meanings defined below:

User: A corporation, organization, or individual that has agreed to these Terms and completed user registration.
Prospective User: A corporation, organization, or individual wishing to use the Service.
User Registration: The registration for the Service performed by a Prospective User in accordance with the method set forth in Article 6.
User Registration Information: Information registered, added, or changed by Prospective Users and Users on the Service.
Service Data: In addition to the information defined below, all information collected by the Company in connection with the Service and stored in the Company's systems:
1. User Registration Information
2. Usage history of the Service by the User
3. Date and time of program code generation and the number of lines generated
4. Number of output files and times of output containing generated program code
5. Other information separately designated by the Company
User ID: A string of characters used to distinguish a User from others when using the Service.
Password: A string of characters used in combination with a User ID to distinguish a User from others when using the Service.
The Site: The website operated by the Company to provide the Service.
The App: The application and related software operated by the Company to provide the Service.
User System: A system developed based on program code generated by the Service.
User System Provider: A person (including but not limited to the User) who provides a User System.

Article 3. Notices

When the Company deems it necessary to provide various notices related to the Service to Users, it will do so by posting on the Site, by email, in writing, or, where these methods are impractical, by any method the Company deems appropriate.
Notices sent by email or in writing are deemed to have reached all Users at the time the Company dispatches them. Notices posted on the Site are deemed to have reached all Users at the time the content is posted on the Site.

Article 4. Changes to Terms

The Company may add, change, or delete these Terms at any time for any reason at the Company's discretion, and Users agree in advance that the Company may make such additions, changes, or deletions, and that the conditions for using the Service will be governed by the revised Terms.
When the Company changes these Terms, the changes take effect when the revised Terms are published on the Site. If a User continues to use the Service after the change, or if the User does not follow the cancellation process within the period designated by the Company, the User is deemed to have agreed to the change. However, provisions in a consumer contract that restrict the User's rights or impose greater obligations on the User compared to the applicable provisions of the Civil Code, Commercial Code, or other laws in a manner that unilaterally harms the User's interests contrary to the fundamental principles set forth in Article 1, Paragraph 2 of the Civil Code (including, but not limited to, increases in usage fees under Article 15), shall take effect only with the User's written consent.

Section 2: The Service

Article 5. Right to Use the Service and Acquisition of Service Data

Users agree that the Company may acquire, collect, and store Service Data.
The Company grants Users a non-exclusive license to use the Service under the conditions set forth in these Terms.
The Service may only be used for purposes related to the User's own business and may not be used for the business of third parties or for sale, distribution, development, or any other purpose.
Users may not reverse-engineer the programs licensed under the Service, or copy, modify, change, adapt, or disclose to third parties any part or all thereof.

Article 6. User Registration

Users and Prospective Users may register and receive the Service from the Company, on the condition that they accept these Terms and any related terms notified by the Company without modification, and that they are approved through the review in Paragraph 3.
Prospective Users must agree to these Terms and complete user registration when applying for the Service. A Prospective User who submits a Service application is deemed to have accepted all of these Terms and related terms and notices without modification.
Users apply for the Service by signing and affixing a seal to the application form or by clicking the consent checkbox. The service agreement (hereinafter "Service Agreement") under these Terms is established between the User and the Company at the earlier of: (a) the time the Company notifies the User of the start of the Service following approval of user registration, or (b) the time the User begins using the Service. The Company may decline to approve a registration without disclosing the reason, and the applicant may not object to the result of the review.

Article 7. Provision of the Service

The Company makes no warranty of any kind regarding the accuracy, completeness, fitness for purpose, reliability, effectiveness, safety, legality, availability, or otherwise of the Service or the program code provided through the Service, nor regarding the processing speed, processing items, processing quality, or processing languages related to the Service.
The Company shall use reasonable care to prevent viruses, failures, hacking, and other security issues with the Service.
When Users use data obtained through the Service, Users bear full responsibility for all consequences arising from such use.
Use of a User System through the Service is an act carried out by the User at the User's own volition, and Users bear full responsibility for all consequences arising from such acts.
Users acknowledge in advance that all decisions regarding information obtained through the Service are made at their own responsibility, and that the Company and User System Providers make no warranty regarding the results of transactions made based on such decisions.
The content and duration of Service Data obtained through the Service may be determined by the Company at its discretion, and Users may not object thereto.
The Service may link with User System Providers, but the Company does not guarantee such linkage.
Where the Service links with a User System Provider, Users must comply with the User System Provider's terms of use at their own cost and responsibility. The Company does not guarantee that no disputes will arise between Users and User System Providers.
Notwithstanding the foregoing, even where the Company bears liability for breach of contract or tort damages to Users, the Company shall bear no liability whatsoever for damages suffered by Users in connection with the Service.
Notwithstanding paragraphs 1 through 8, even where the Company bears liability for breach of contract, tort, or other liability due to the Consumer Contract Act or other reasons, the Company's liability shall be limited to actual, direct, and ordinary damages arising from the Company's breach or tort, and shall not exceed the total amount actually received by the Company from the User in the one-month period immediately preceding the occurrence of the damage.

Article 8. Term

The term of the Service Agreement is one year from the date of its establishment. However, unless written notice of termination is given at least 30 days before the end of the contract term, the Service Agreement shall be renewed for one year, and the same shall apply thereafter.

Article 9. Cancellation by User

A User may cancel the Service Agreement during the contract term by providing notice at least 30 days before the cancellation date through the method specified on the Site or App.
Users acknowledge in advance that even after cancellation under the preceding paragraph, they are not relieved of any obligations or liabilities (including but not limited to indemnification obligations) to the Company or third parties in connection with the Service.
The Company bears no liability for damages caused to Users, the Company, or third parties by cancellation under this Article.
If a User wishes to re-register after cancellation, they must complete the registration process again. Users acknowledge that Service Data prior to cancellation will not be carried over after re-registration.

Article 10. Transfer of Status

Users may not, without the Company's prior written consent, lend, assign (including by universal succession such as merger or corporate split), change the name of, or pledge as collateral, all or part of their status under the Service Agreement or their rights and obligations under these Terms to any third party.
When the Company transfers its Service business to another company (including by business transfer, merger, or corporate split), the Company may transfer the status under the Service Agreement, the rights and obligations under these Terms, and User Registration Information and other customer information to the acquirer, and Users are deemed to have agreed to such transfer in advance.

Article 11. Modification, Addition, Discontinuation, and Suspension of the Service

The Company may modify, add to, or discontinue all or part of the Service's content at its discretion.
In the case of the preceding paragraph, the Company will notify Users pursuant to Article 3; however, in urgent cases, the Company may notify Users after the fact or may not notify Users at all.
The Company may temporarily suspend part or all of the Service without prior notice to Users in any of the following circumstances:
1. When regular or emergency maintenance or repair of hardware, software, or communication equipment used for the Service is required.
2. When telecommunications carrier services are unavailable.
3. When it is difficult to provide normal service due to significant load or failure on the Service.
4. When the Company becomes aware that data tampering, hacking, or other activities related to the Service may cause significant harm to Users or third parties.
5. When providing the Service is difficult due to force majeure such as natural disasters.
6. When providing the Service is difficult due to fire, power outage, or other unforeseen accidents.
7. When providing the Service is difficult due to war, conflict, civil unrest, riots, or labor disputes.
8. Any other case in which the Company deems it necessary for similar reasons.
The Company bears no liability whatsoever for damages to Prospective Users, Users, or third parties resulting from the modification, addition, discontinuation, or suspension described in paragraphs 1 through 3 of this Article.

Section 3: User Responsibilities

Article 12. User Obligations

Users shall, at their own cost and responsibility, prepare and implement the communication equipment, software, telephone contracts, mobile device contracts, internet service provider subscriptions, and other items required to use the Service.
The Company bears no liability for disadvantages or damages (including all damages to data, software, hardware, or other items unrelated to the Service) suffered by Users or third parties due to defects arising from installation or use of the Service. Users must manage their User Registration Information, User IDs, and Passwords at their own responsibility, and must not allow third parties to use their User Registration Information, User IDs, or Passwords by any means.
The Company deems any use of the Service made using a User ID and corresponding Password to have been made by that User.
The Company bears no liability for damages suffered by Users due to third-party use of their User ID or Password.
Users must promptly update their User Registration Information through the method specified on the Site or App if it changes.
Users acknowledge in advance that if a notice from the Company fails to reach the User due to the User's failure to update their information, the notice is deemed to have been delivered at the time it would normally have arrived. The Company bears no liability for damages to Users resulting from the User's failure to update.
If Users cause damage to the Company or third parties through their use of the Service (including cases where the Company or third parties suffer damage due to a User's violation of these Terms), Users shall handle and resolve such matters at their own responsibility and cost. If the Company receives a claim for damages from a third party due to a User's actions, the User shall compensate the Company for all damages and costs incurred by the Company (including indirect damages and costs such as reasonable attorney's fees).
Users bear full responsibility for all actions taken and their results through the Service. If Users receive inquiries or claims from third parties regarding their use of the Service, Users shall handle and resolve such matters at their own responsibility and cost.
Even if the Company has retained a User's Service Data for a certain period, the Company is under no obligation to retain such data after termination of the Service Agreement, and may delete such data at any time after termination.

Article 13. Prohibited Conduct

Users must not engage in the following conduct in connection with the Service. If a User engages in any of the following conduct, the Company may seek compensation for all damages, etc., incurred by the Company as a result:

Acts that interfere with the operation of the Service or otherwise impede the provision of the Service, or acts likely to do so.
Acts that infringe on the copyrights, privacy, or other rights of other Users, third parties, or the Company, or acts likely to do so.
Acts contrary to public order and morals or in violation of laws and regulations, or acts likely to do so.
Acts in violation of the internal rules of industry organizations to which the Company or the User belongs.
Sending information containing computer viruses or other harmful computer programs.
Falsifying information available in connection with the Service.
Transmitting data in excess of the data volume specified by the Company through the Service.
Other acts deemed inappropriate by the Company.

Article 14. Suspension and Cancellation of User ID

If the Company determines that any of the following applies to a User, the Company may suspend that User's User ID and issue a demand with a one-month deadline. Users agree to this in advance without objection:
1. The Company reasonably determines that the User has violated these Terms.
2. The Company reasonably determines it is necessary for the operation and maintenance of the Service.
3. Fraudulent use of the Company's designated payment method is discovered, or a payment service company suspends or invalidates the User's payment.
4. A person under adult guardianship uses the Service, or a minor, person under curatorship, or person under assistance uses the Service without the consent of their legal guardian, curator, or assistant.
5. The User has died or received a ruling for commencement of guardianship, curatorship, or assistance.
6. False facts are found in the User Registration Information.
7. The Service's operation is obstructed by any means.
8. Payment suspension or inability to pay, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar procedures is filed.
9. A bill or check issued or accepted by the User is dishonored, or a suspension measure by a bill exchange or similar measure is imposed.
10. A petition for provisional seizure, provisional disposition, compulsory execution, or auction is filed.
11. A disposition for delinquency in national or local taxes is made.
12. The Company determines that the User is, or cooperates with or is involved in the maintenance, operation, or management of, antisocial forces (meaning criminal organizations, members of criminal organizations, right-wing organizations, antisocial forces, or similar persons; the same applies hereinafter), or is otherwise associated with antisocial forces.
13. Other circumstances that the Company determines to be similar to the above.
If the Company suspends a User's User ID under the preceding paragraph, the Company may cancel the User's Service Agreement without further notice unless the User demonstrates within one month of suspension that there was no significant error in the Company's determination regarding the grounds for suspension. However, if the following paragraph applies, that paragraph takes precedence.
Notwithstanding the preceding paragraph, if the Company determines that a User meets the grounds set forth in Paragraph 1 of this Article and that this impedes the Company's business, the Company may immediately cancel the Service Agreement without the demand in Paragraph 1. Users agree to this in advance without objection. Users also acknowledge in advance that even after cancellation under this Article, they are not relieved of any obligations (including but not limited to indemnification obligations) to the Company or third parties.
If a User has obtained multiple User IDs and one of those IDs is suspended or cancelled under this Article, the Company may immediately suspend use and cancel the Service Agreement for all User IDs that the Company determines belong to the same User.
The Company bears no liability for damages suffered by Users or third parties resulting from the suspension or cancellation of User IDs under this Article or related actions.

Section 4: Fees

Article 15. Usage Fees

If the Company separately determines usage fees for the Service, Users shall pay the Company the applicable usage fees as separately determined by the Company, at the payment timing and by the payment method separately specified by the Company, as consideration for using the Service.
Usage fees paid to the Company pursuant to the preceding paragraph shall not be refunded for any reason whatsoever (including, but not limited to, defects in the provision of the Service under Article 7, cancellation under Article 9, or suspension or cancellation of a User ID under Article 14).
If the Company changes usage fees, it will notify Users pursuant to Article 3. However, fee increases require in-Service consent.
If a separate contract or memorandum of understanding exists regarding the usage fees under this Article, such contract or memorandum takes precedence. These Terms apply to matters not covered therein.
If a User delays payment of usage fees or other monetary obligations under this Agreement, the User shall lose the benefit of the term for all remaining unpaid usage fees through the end of the contract term defined in Article 8, and shall pay late payment damages at a rate of 14.6% per year (calculated on a daily basis per 365 days) from the day after the due date until payment is made.

Section 5: Handling of Information and Rights

Article 16. Confidentiality

In these Terms, "Confidential Information" means all information related to the technology, business, operations, finances, organization, and other matters of either party that has been provided, disclosed, or learned in connection with these Terms or the Service, whether in writing, orally, or via recording media (including but not limited to Service Data and error codes learned due to Service defects). However, the following are excluded from Confidential Information: (1) information already publicly known or already known at the time of provision or disclosure; (2) information that became publicly known through publications or otherwise after provision, disclosure, or learning, through no fault of the receiving party; (3) information lawfully obtained from a third party authorized to disclose it without confidentiality obligations; (4) information independently developed without reference to the Confidential Information; and (5) information confirmed in writing as not requiring confidentiality.
The Company and Users shall use Confidential Information only for the purpose of using the Service and shall not provide, disclose, or leak the other party's Confidential Information to third parties (excluding the Company's subcontractors) without the other party's written consent.
Notwithstanding the preceding paragraph, the Company or Users may disclose Confidential Information pursuant to orders, demands, or requests from laws, courts, or government agencies; provided, however, that such orders, demands, or requests must be promptly notified to the other party.
The Company and Users must, upon request from the other party, promptly return or destroy Confidential Information and all documents, other recording media, and all copies thereof containing Confidential Information.
Notwithstanding the provisions of this Article, the Company may create statistical data, attribute information, and similar data by processing User registration information, other data provided to the Service by the User, and other information in a manner that neither identifies nor does not identify individuals — and may use, provide to third parties, or publicly disclose such data without restriction. Users consent to this.

Article 17. Handling of Personal Information and User Registration Information

The Company shall handle personal information, User Registration Information, and other information relating to Users contained in Confidential Information in accordance with the "Privacy Policy" posted separately on the Site or App (https://www.enhanceagi.ai/en/privacy/).
In accordance with the "Privacy Policy," the Company may entrust the handling of personal information, User Registration Information, and other information relating to Users to subcontractors to the extent necessary for providing the Service and related operations. In such cases, the Company shall select and supervise subcontractors with due care.
The Company may publicly disclose a User's name as a company that has adopted the Service. In such cases, the Company may use the User's logos and trademarks free of charge to the extent necessary to publish the case study.
Users may request the cessation or removal of the disclosure or the use of logos and trademarks described in the preceding paragraph.

Article 18. Copyright and Other Rights

Copyright and all other intellectual property rights in design documents and other materials provided by Users to the Company through the Service belong to the Users. Users agree in advance that the Company may use these materials free of charge to the extent necessary for the operation and provision of the Service.
Copyright in automatically generated program code provided by the Company to Users through the Service is free, and commercial use is also permitted.
If a problem arises due to a violation of this Article by the Company or a User, the violating party shall resolve the problem at its own cost and responsibility.
The Service is intended for use within Japan, and the Company makes no warranty of any kind and bears no liability whatsoever regarding the intellectual property rights of rights holders outside Japan.
Trademarks, logos, and service marks may be displayed on the Site or App, but the Company does not grant any license to use such trademarks to Users or other third parties under these Terms.
Users must not apply for patents, utility model rights, design rights, or trademark rights, or register copyrights, relating to inventions or other intellectual property in connection with the Service.

Section 6: Disclaimers

Article 19. Limitation of Liability

Users shall investigate, at their own cost and responsibility, whether their use of the Service complies with applicable laws and the internal rules of industry organizations. The Company makes no warranty that Users' use of the Service complies with applicable laws and the internal rules of industry organizations.
Transactions, communications, disputes, and similar matters arising between a User and other Users, User System Providers, or other third parties in connection with the Service or the Site shall be handled and resolved by the User at their own responsibility, and the Company bears no liability for such matters.
The Company bears no liability whatsoever for damages suffered by Users in connection with the Service, including suspension, stoppage, termination, unavailability, or modification of the Service by the Company; deletion or loss of a User's Service Data; cancellation of a User's registration; loss of Service Data or damage or failure of equipment due to use of the Service; or other matters related to the Service.
Even where links from the Site to other websites or from other websites to the Site are provided, the Company bears no liability whatsoever for any reason regarding websites other than the Site or information obtained therefrom.
In addition to the preceding paragraphs, the Company bears no liability whatsoever for all damages caused to Users or third parties by the Service.
The Company bears no liability for lost opportunities, business interruptions, or other damages (including indirect damages or lost profits) suffered by Users or third parties, even if the Company was notified in advance of the possibility of such damages.
Even where the Company bears liability for damages to Users under the Consumer Contract Act or other reasons, notwithstanding this paragraph or other provisions disclaiming the Company's liability, the Company's liability shall be capped at the total amount of Service usage fees actually received from the User in the most recent one-month period prior to the occurrence of the damage.
All obligations arising from these Terms are borne by the Company, and SOPPRA Corporation (head office: 4F Toyobo Building, 2-2-8 Dojimahama, Kita-ku, Osaka, Japan) bears no obligation or liability whatsoever.

Section 7: Miscellaneous

Article 20. Entire Agreement

These Terms constitute the entire agreement between the Company and Users regarding the matters contained herein and supersede all prior agreements, representations, and understandings between the Company and Users regarding such matters, whether oral or written.

Article 21. Special Provisions for Users via Resellers

For Users who registered via a reseller after agreeing to these Terms, Articles 6, 8, 14, and 15 of these Terms (hereinafter "Commercial Transaction Articles") shall apply between the User and the reseller, unless otherwise agreed between the User and the reseller. All other provisions of these Terms shall apply between the User and the Company. If the Commercial Transaction Articles are not sufficiently addressed in the agreement between the User and the reseller, these Terms shall apply under a reasonable interpretation.
Except for the Commercial Transaction Articles in the preceding paragraph, even if the User and the reseller agree to modify these Terms, such modification shall not be recognized between the User and the Company.

Article 22. Survival

Articles 7(1)–(10), 9, 10, 12(2), 12(4), 12(6)–(9), 13, 14(5), 15, and 16–24 shall survive termination of the Service Agreement.

Article 23. Governing Law

These Terms and all matters related thereto shall be governed by and construed in accordance with the laws of Japan.

Article 24. Jurisdiction

If a problem arises between a User and the Company in connection with the Service, both parties shall endeavor to resolve it in good faith through consultation. If the matter cannot be resolved through consultation, the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction as the court of first instance.