These Terms of Use (hereinafter referred to as "the Agreement") establish the conditions for using the services (hereinafter referred to as "the Service") provided by Marginal Co., Ltd. (hereinafter referred to as "the Company") on this website.

Chapter 1 General Provisions

Article 1 (Application of the Terms of Use)

1.The Company provides the Service based on this Agreement through the conclusion of a service contract.
2．In the event that the provisions of the individual service contract differ from those of these Terms of Use, the provisions of the individual service contract shall take precedence and apply.

Article 2 (Definitions)

In these Terms of Use, the following terms shall have the respective meanings. 

1. "Service"The web-based interview service "BioGraph" provided by the Company to subscribers under this Agreement.
2. "Subscriber"The party who concludes a service contract with the Company based on this Agreement and receives the provision of the Service.
3. "Service Contract"The contract between the Company and the Subscriber for the provision of the Service based on this Agreement.
4. "Service Contract, etc."The service contract and these Terms of Use.
5. "Subscriber Equipment"Computers, telecommunications equipment, other devices, and software installed by the Subscriber, etc., to receive the Service.
6. "Service Equipment"Computers, telecommunications equipment, other devices, and software installed by the Company to provide the Service.
7. "Service Equipment, etc."The service equipment and telecommunications circuits leased by the Company from a telecommunications service provider for providing the Service.
8. "Consumption Tax, etc."The amount of consumption tax and local consumption tax imposed based on the provisions of the Consumption Tax Law and related regulations, as well as other public duties and taxes that the Subscriber should bear when making payment.
9. "User ID"A code used to identify the Subscriber and others.
10. "Password"A code used in combination with the User ID to identify the Subscriber and others.
11. "Certified User"Individuals recognized by the Company as related companies (companies with a continuous relationship in terms of investment, personnel, funds, or technology with the Subscriber) or business partners (suppliers, customers, or other parties with a continuous contractual relationship with the Subscriber) who have been approved to use the Service based on the service contract, etc.
12. "Subscriber, etc."The Subscriber and certified users.

Article 3 (Notification)

1.Unless otherwise specified in the Service Contract, notifications from the Company to the Subscriber shall be made by means deemed appropriate by the Company, such as sending an email or posting on the Company's website.
2.Based on the provisions of the preceding paragraph, if the Company notifies the Subscriber by sending an email or posting on the Company's website, such notification to the Subscriber shall take effect from the time of sending the email or making the posting, respectively.

Article 4 (Changes to the Terms of Use)

1.The Company may change these Terms of Use at any time, and the Subscriber agrees to such changes. In this case, the Subscriber's terms of use and other contents of the service contract shall be subject to the new Terms of Use after the change.
2.The changes to these Terms of Use shall be communicated to the Subscriber by posting on the Company's website and shall take effect upon such posting. However, if the changes have a significant impact on the Subscriber, a reasonable advance notice period shall be provided beforehand.

Article 5 (Prohibition of Assignment of Rights and Obligations)

The Subscriber shall not assign all or part of its position, rights, or obligations under the service contract to any other party without the prior written consent of the Company.

Article 6 (Governing Law and Jurisdiction)

In the event of any dispute between the Subscriber and the Company, the exclusive jurisdictional court shall be the district court having jurisdiction over the location of the defendant's head office.
In the following cases, the Company may suspend or discontinue the provision of the Service

1. When conducting maintenance or updates on the computer system related to the Service
2. When the provision of the Service becomes difficult due to force majeure events such as earthquakes, lightning, fires, power outages, or natural disasters
3. When computers or communication lines are suspended due to accidents
4. When the Company deems the provision of the Service difficult for any other reason

Article 7 (Governing Law)

The formation, effectiveness, performance, and interpretation of the Service Contract shall be governed by Japanese law.

Article 8 (Consultation, etc.)

In the event of any doubts regarding matters not specified in the Service Contract or the specified items, both parties shall make sincere efforts to resolve the issue through consultation. Even if any part of the Service Contract is determined to be invalid, it shall not affect the validity of the entire Service Contract, and the invalid part shall be replaced with the most valid provision that reflects the purpose of that part.

Chapter 2 Conclusion of Contract

Article 9 (Conclusion of the Service Contract)

1.The Service Contract shall be established when the applicant for using the Service applies for registration through the method specified by the Company and the Company approves it. The applicant for using the Service shall agree to the contents of the Terms of Use and make the application, and at the time of such application, the Company shall consider that the applicant for using the Service has accepted the contents of the Terms of Use.
2.Notwithstanding the provisions of the preceding paragraphs or other provisions of the Terms of Use, the Company may not enter into a Service Contract or a Contract Amendment with the applicant for using the Service or the Subscriber if any of the following items apply

1. When the applicant for using the Service has previously had the Service Contract terminated due to non-performance of monetary obligations or other violations of the Service Contract, etc.
2. When there is a possibility that the applicant for using the Service may default on the performance of monetary obligations or other obligations based on the Service Contract, etc.
3. When the Company deems it inappropriate
4. When the Company deems it difficult to provide the Service

Article 10 (Use by Certified Users)

If the Company has previously approved in writing or by a method specified by the Company, the Subscriber may allow certified users to use the Service. In this case, the Subscriber shall agree that the use by certified users will be deemed as their own use and shall be responsible for all such use.

Article 11 (Notification of Changes)

1.If there are any changes in the corporate name or name, main office location or address, contact information, or other matters related to the Subscriber stated in the application, the Subscriber shall notify the Company by the method specified by the Company no later than 30 days before the scheduled date of the change.
2.Even if the Subscriber suffers damages due to the Subscriber's failure to give the notification as described in the preceding paragraph or due to other reasons for non-receipt of the notification, the Company shall not be responsible.

Article 12 (Temporary Interruption and Suspension of Provision)

1.The Company may interrupt the provision of the Service without prior notice or consent to the Subscriber in the following cases

1. When maintenance is carried out due to a failure of the Service Equipment, etc.
2. When it is unavoidable for operational or technical reasons
3. When the provision of the Service becomes impossible due to force majeure events such as natural disasters

2.The Company may temporarily suspend the provision of the Service after giving advance notice to the Subscriber for the purpose of conducting regular inspections of the Service Equipment, etc.
3.Without prior notice or notice, the Company may suspend all or part of the provision of the Service if the Subscriber falls under any of the items in Article 16 (Termination of the Service Contract) Paragraph 1 or violates the Service Contract, etc.
4.Even if the Subscriber or any other third party suffers damages due to the inability to provide the Service due to any of the reasons set forth in the preceding paragraphs, the Company shall not be responsible.

Article 13 (Usage Period)

1.The User shall not assign or pledge its position under the Service Contract or the rights or obligations based on these Terms of Use to a third party without the Company's prior written consent. If the usage period is set for all or part of the Service, it shall be specified in the Service Contract. However, unless the Subscriber or the Company makes a separate declaration of intent by the method specified by the Company by 15 days before the expiration date, the Service Contract shall be automatically renewed for an additional one month from the day following the expiration date and thereafter in the same manner.
2.The Company may change the type, content, usage fees, and other contents of the Service Contract after renewal by notifying the Subscriber of the changes in the Service Contract no later than 30 days before the expiration of the usage period.

Article 14 (Minimum Usage Period)

1.The minimum usage period for all or part of the Service shall be specified in the Service Contract.
2.If the Subscriber wishes to terminate the Service Contract within the minimum usage period specified in the preceding paragraph, in addition to following the procedures in Article 15 (Termination of the Service Contract by the Subscriber), the Subscriber shall make a lump-sum payment to the Company for the amount equivalent to the usage fees corresponding to the remaining period from the termination date to the expiration date of the minimum usage period, along with the equivalent amount of consumption tax, by the deadline set by the Company.

Article 15 (Termination of the Service Contract by the Subscriber)

1.A Subscriber with a specified usage period for all or part of the Service may terminate the Service Contract by notifying the Company by the 15th day of the desired termination month through the method specified by the Company, with the termination effective as of the end of the desired termination month. In this case, the Subscriber shall transition to a Service Contract without a specified usage period, and any provisions in separate documents such as memoranda shall be deemed invalid.
2.If there are any unpaid usage fees or late payment damages at the time of notification as described in the preceding paragraph, the Subscriber shall promptly make the payment.
3.For a Service Contract without a specified usage period, the Subscriber may terminate the Service Contract at any time by applying for withdrawal through the method specified by the Company.

Article 16 (Termination of the Service Contract by the Company)

1.The Company may terminate all or part of the Service Contract without prior notice or warning to the Subscriber if the Subscriber falls under any of the following items, as determined by the Company

1. In the event of payment suspension or insolvency
2. In the event of dishonored checks or promissory notes
3. In the event of seizure, provisional seizure, or auction application, or in the event of non-payment of public dues
4. In the event of bankruptcy, commencement of corporate reorganization, commencement of corporate rehabilitation, or commencement of civil rehabilitation, or if there are significant concerns regarding creditworthiness
5. In the event of cancellation, suspension, or other disciplinary measures against the business license by the supervisory authorities
6. In the event of a violation of the Service Contract or other agreements, and the Subscriber fails to rectify the violation within a reasonable period after being notified to do so by the Company
7. In the event of dissolution, reduction of capital, or resolution to transfer all or a substantial part of the business
8. In the event of circumstances arising that make it difficult to fulfill the Service Contract

2.If the Subscriber has unpaid usage fees or delayed payment damages at the time of termination as described in the preceding paragraph, the Subscriber shall promptly make the payment by the date specified by the Company.

Article 17 (Termination of the Service)

1.The Company may terminate all or part of the Service and cancel all or part of the Service Contract with the Subscriber if any of the following items apply, and such termination shall take effect on the date of termination

1. If the Company notifies the Subscriber 30 days prior to the date of termination
2. If the provision of the Service becomes impossible due to natural disasters, extraordinary events, or force majeure

2.In the event of terminating all or part of the Service based on the preceding paragraph, the Company shall refund to the Subscriber, through a prorated calculation, the portion of usage fees that correspond to the number of days for which the terminated Service was not provided, out of the already paid usage fees and other charges.

Article 18 (Handling after Contract Termination)

1.Upon the termination of the Service Contract, the Subscriber shall immediately return to the Company all equipment, software, and all related materials provided by the Company for the use of the Service (including all or part of the copies of such software and materials). For the software and materials stored in Subscriber's equipment, etc., the Subscriber shall erase them at its responsibility.
2.Upon the termination of the Service Contract, the Company shall immediately return to the Subscriber all materials, etc. (including all or part of the copies of such materials) provided by the Subscriber for the use of the Service, and the Company shall erase the materials, etc., recorded in the Service Equipment, etc., at its responsibility.

Chapter 3: Services

Article 19 (Types and Contents of the Service)

1.The types (service plans) of the services that the Subscriber can specifically utilize shall be specified in the service usage guide posted by the Company or in a separate attachment to the service contract.
2.The Subscriber shall use the Service with the understanding of the following

1. There may be malfunctions in the Service not caused by the Company, including those listed in Article 41 (Exemptions), Paragraph 1, items thereof.
2. The Company shall not be responsible for any malfunctions in the Service not caused by the Company.
3. The Subscriber is authorized to use the Service based on the usage contract and related agreements and shall not acquire any intellectual property rights or other rights related to the Service.
4. The ownership of data provided and transmitted by the Subscriber in the Service shall belong to the Subscriber, and the Subscriber shall be responsible for the management of such data in accordance with the terms of use and other related agreements.

3.The Company may utilize the data provided and transmitted by the Subscriber to the extent necessary for the execution of the Service. However, the Company shall handle such data properly in accordance with Article 39 (Handling of Confidential Information), Article 40 (Handling of Personal Information), and other terms of use.
4.The contents of the Service shall be specified in the service usage guide or the usage contract posted by the Company. Except when expressly added in the usage contract, the following matters shall not be provided to the Subscriber

1. Inquiries and support related to software and hardware.
2. Internet usage environment and related communication equipment.
3. Inquiries related to the content or changes of data in the Service.

Article 20 (Changes to Service Plans)

1.The Subscriber may change the type (service plan) of the Service by resubmitting the usage contract to the Company. However, the Subscriber cannot make changes in the following cases

1. When the new service plan corresponds to a lower-level service plan than the current service plan, and less than three months have passed since the application of the current service plan.

2.If the Subscriber wishes to change the service plan, they must submit the usage contract to the Company by the 15th of each month, and the new service plan's contents and fees will be applied from the following month.
3.As for the introduction fees among the fees for the new service plan, the difference between the amount of introduction fees already paid by the Subscriber in the current service plan and the introduction fees of the new service plan will be applied. However, if the amount of introduction fees already paid by the Subscriber in the current service plan exceeds the introduction fees of the new service plan, no refund will be made to the Subscriber by the Company.

Article 21 (Service Area)

Unless otherwise specified in the usage contract or related agreements, the service area of the Service is not restricted. However, the provision and support of the Service will be provided in Japanese.

Article 22 (Introduction Support and Support)

The Company shall provide support services to the Subscriber as specified in the service usage guide or a separate attachment to the usage contract, which will be posted by the Company.

Article 23 (Re-outsourcing)

The Company may re-outsource all or part of the necessary tasks for providing the Service to the Subscriber to a third party at the Company's discretion. In this case, the Company shall impose on the re-outsourcing party (hereinafter referred to as the "Re-outsourcing Party") the obligations equivalent to the obligations specified in Article 39 (Handling of Confidential Information), Article 40 (Handling of Personal Information), and other obligations as prescribed in the usage contract for the execution of the re-outsourced tasks.

Chapter 4: Service Fees

Article 24 (Service Fees, Calculation Methods, etc.)

The service fees and calculation methods for this service shall be as specified in the Company's prescribed service fee schedule or individual estimates.

Article 25 (Obligation to Pay Service Fees)

1.The Subscriber shall pay the service fees and applicable consumption tax, as specified in the Company's prescribed service fee schedule or individual estimates, for the period from the date of the establishment of the usage contract until the end of the usage period (hereinafter referred to as the "Usage Period"). If the Subscriber fails to complete the payment as stipulated in this article, the Company may suspend the provision of the Service in accordance with the provisions of Article 12 (Temporary Suspension and Termination), Paragraph 3.
2.Even if during the Usage Period, the use of the Service becomes unavailable due to interruptions, suspensions, or other reasons as stipulated in Article 12 (Temporary Suspension and Termination), the Subscriber shall still be liable for the payment of the service fees and applicable consumption tax for the entire Usage Period.

Article 26 (Payment Methods for Service Fees)

1.The Subscriber shall pay the service fees and applicable consumption tax by the methods specified by the Company in the service usage guide or usage contract, as posted in the Company's prescribed manner. Any necessary remittance fees or other expenses for payments under the following items shall be borne by the Subscriber.

1. If payment is made by invoice, the Subscriber shall make the payment by the date specified by the Company, either through the method designated by the Company or the designated financial institution of the Company, or by automatic withdrawal from the Subscriber's designated deposit account, via the collection agency designated separately by the Company, by the date specified by the Company.
2. Other payment methods designated by the Company shall also be used for payment.

2.In case of disputes arising between the Subscriber and the financial institution specified in the preceding paragraph regarding the settlement of service fees, the Subscriber shall resolve it at their own responsibility and expense, and the Company shall not be liable for any of it.

Article 27 (Late Payment Interest)

1.If the Subscriber fails to fulfill the debts based on the service fees and other obligations under the usage contract even after the specified payment due date, the Subscriber shall pay, together with the service fees and other debts, as a late payment interest, an amount calculated at an annual interest rate of 14.6% from the day after the specified payment due date until the day before the payment date. The payment shall be made by the date specified by the Company and through the method designated by the Company.
2.Any necessary remittance fees or other expenses for the payment under the preceding paragraph shall be borne by the Subscriber.

Chapter 5 Obligations of the Subscriber

Article 28 (Principle of Self-Responsibility)

1.The Subscriber shall be responsible for and bear the costs of handling and resolving any damages caused to third parties (including certified users, regardless of whether they are domestic or international) due to reasons attributable to the Subscriber in connection with the use of the Service, or in cases where claims or demands are made by third parties. The same applies when the Subscriber or others suffer damages from third parties or make claims or demands against third parties in connection with the use of the Service.
2.The information (content) provided or transmitted by the Subscriber or others using the Service is provided at the responsibility of the Subscriber, and the Company does not provide any warranty regarding its content or any responsibility for damages arising therefrom.
3.In the event that the Subscriber or others cause damages to the Company intentionally or through negligence, the Subscriber shall compensate the Company for such damages.

Article 29 (Person Responsible for Use)

1.The Subscriber shall designate a person responsible for use in advance and apply for user registration through the method specified in Article 9. The communication, confirmation, etc., with the Company regarding the use of the Service shall generally be conducted through the person responsible for use.
2.If there is a change in the person responsible for use as indicated in the application form, the Subscriber shall promptly notify the Company by the method specified by the Company.

Article 30 (Facility Setup and Maintenance for Service Use)

1.The Subscriber shall, at its own expense and responsibility, set up Subscriber facilities in accordance with the conditions specified by the Company and maintain the Subscriber facilities and the environment for the use of the Service.
2.The Subscriber shall, at its own responsibility and expense, connect the Subscriber facilities to the internet using telecommunication services provided by telecommunication carriers or other means in order to use the Service.
3.In the event of any malfunction in the Subscriber facilities or the internet connection mentioned in the preceding paragraph, the Company shall not be obligated to provide the Service to the Subscriber.
4.If the Company determines it to be necessary for maintenance, operation, or technical reasons related to the Service, the Company may monitor, analyze, and investigate data transmitted or provided by the Subscriber or others using the Service.

Article 31 (User ID and Password)

1.Except for cases where the Subscriber discloses User IDs and passwords to third parties based on the utilization agreement, the Subscriber shall strictly manage (including appropriate password changes) and not disclose, lend, or share User IDs and passwords with third parties, and shall prevent any leakage to third parties. In the event of improper management of User IDs and passwords, operational errors, or third-party use, resulting in damages to the Subscriber or others, the Company shall not be held responsible. All actions and usage related to the Subscriber's User IDs and passwords shall be considered as actions taken by the Subscriber.
2.If a third party uses the Subscriber's User IDs and passwords to utilize the Service, such actions shall be deemed as the Subscriber's actions, and the Subscriber shall be responsible for all fees and other obligations related to such usage. Furthermore, the Subscriber shall compensate the Company for any damages incurred as a result of such actions. However, this shall not apply in cases where the User IDs and passwords are used by third parties due to the Company's intentional or negligent actions.

Article 32 (Backup)

Except when the Company provides backup services for data, etc. based on the utilization agreement, the Subscriber shall be responsible for backing up the same data, etc. at its own responsibility in connection with the data, etc. provided or transmitted by the Subscriber or others using the Service. The Company shall not be responsible for the storage, preservation, backup, or other related matters of such data, etc.

Article 33 (Prohibited Acts)

1.The Subscriber shall not engage in the following actions in connection with the use of the Service

1. Actions that infringe upon or may infringe upon the Company's or third parties' intellectual property rights, including copyrights and trademark rights.
2. Actions that tamper with or delete the content of the Service or information that can be used through the Service.
3. Actions that allow third parties to use the Service in violation of the utilization agreement.
4. Actions that violate laws or public order and morals, or cause disadvantage to the Company or third parties.
5. Actions that discriminate against or defame others, or damage their honor or credibility.
6. Actions that may lead to or are associated with fraudulent crimes.
7. Actions that involve sending or posting obscene, child pornography, or child abuse-related images or documents.
8. Actions of setting up or soliciting for pyramid schemes.
9. Actions of using the Service by impersonating a third party.
10. Actions of sending or posting harmful computer programs, such as viruses.
11. Actions of sending unsolicited advertising, promotion, or solicitation emails, or emails that are offensive or may be offensive to third parties (harassment emails).
12. Actions that interfere with or may interfere with the use or operation of others' facilities or facilities for the Service, or actions that may cause such interference.
13. Actions of registering multiple accounts by the same organization or individual for the purpose of exceeding the usage limits set in the service plan with usage limits.
14. Actions of creating links in a manner and for the purpose of promoting or facilitating actions that fall under any of the preceding items, while being aware that such actions fall under any of the preceding items.

2.If the Subscriber becomes aware of any of the actions listed in the preceding paragraph or determines that there is a possibility of such actions, the Subscriber shall immediately notify the Company.
3.If the Company becomes aware that the actions of the Subscriber or others in connection with the use of the Service fall under any of the items in Paragraph 1 or that the information provided by the Subscriber or others is related to actions falling under any of the items in Paragraph 1, the Company may temporarily suspend all or part of the provision of the Service or delete information related to actions falling under any of the items in Paragraph 1 without prior notice to the Subscriber. However, the Company is not obligated to monitor the actions of the Subscriber or others or the information (including data and content) provided or transmitted by the Subscriber (including actions deemed as Subscriber's usage).

Article 34 (Compliance by Approved Users, etc.)

1.Based on the provisions of Article 10 (Use by Approved Users), if the Company approves the use of the Service by Approved Users, the Subscriber shall enter into an agreement with the Approved Users, including the following items, and ensure that they comply with these matters.

1. Approved Users shall accept and comply with the contents of the utilization agreement. However, this excludes provisions of the terms of use, such as obligations for payment of service fees, which cannot be applied to Approved Users.
2. In the event that the utilization agreement between the Subscriber and the Company is terminated for any reason, the use of the Service by Approved Users shall automatically terminate, and Approved Users shall not be able to use the Service.
3. Approved Users shall not allow third parties to use the Service.
4. When deemed necessary by the Company in connection with the provision of the Service, the Subscriber may disclose confidential information to the Approved Users without obtaining prior written consent from the Approved Users within the necessary scope. Additionally, the Company may disclose such confidential information to subcontractors specified in Article 23 (Subcontracting) without obtaining prior written consent from the Subscriber within the scope necessary for subcontracting. However, the Company shall be obliged to manage such confidential information in the same manner as confidential information stipulated in the Terms of Use.
5. Approved Users shall agree not to seek any claims or pursue any liabilities, including claims for damages or compensation, against the Company, regardless of the cause for the claims, related to the Service. Additionally, Approved Users shall agree not to pursue any claims or liabilities against the Company.

2.The Subscriber shall promptly communicate to the Approved Users any notices and other communications related to the Service received from the Company.

Article 35 (Measures in Case of Violation of the Utilization Agreement by Approved Users)

1.Based on the provisions of Article 10 (Use by Approved Users), if the Company approves the use of the Service by Approved Users and an Approved User violates any of the provisions stipulated in the preceding paragraph of Article 34, the Subscriber shall promptly rectify such violation.
2.If an Approved User does not rectify the violation even after five days from the date of the violation as specified in the preceding paragraph of Article 34 have passed, the Company may take the following measures:

1. Suspend the provision of the Service to the Approved User.
2. Terminate all or part of the utilization agreement between the Company and the Subscriber, including the part related to the use of the Service by the Approved User.

Article 36 (Exclusion of Anti-Social Forces)

1.The Subscriber shall declare and guarantee that neither the Subscriber, the Subscriber's officers, the Subscriber's agents or intermediaries, nor the Subscriber's major shareholders fall under the category of anti-social forces, including organized crime groups, persons who have not passed five years since ceasing to be members of organized crime groups, quasi-members of organized crime groups, organized crime-related companies, or any other equivalent entities (collectively referred to as "Anti-Social Forces"), and that they do not meet any of the following criteria:

1. Having a relationship that is deemed to be under the control of Anti-Social Forces.
2. Having a relationship that is deemed to have substantial involvement with Anti-Social Forces in management.
3. Having a relationship that is deemed to be using Anti-Social Forces unfairly, such as for the purpose of seeking illegitimate benefits for the Subscriber, the Subscriber's company, or a third party, or for the purpose of causing damage to a third party.
4. Having a relationship that is deemed to provide funds or offer benefits to Anti-Social Forces.
5. Having a relationship with persons who hold positions or are substantially involved in management and are socially condemned as being related to Anti-Social Forces.

2.The Subscriber shall declare and guarantee that neither the Subscriber nor any third party utilized by the Subscriber will engage in any of the following acts:

1. Violent demands.
2. Unreasonable demands beyond legal liabilities.
3. Threatening or using violence in transactions based on this Agreement or any other transactions with the Company.
4. Disseminating false rumors, using fraudulent or coercive means to damage the reputation or hinder the business of the other party.
5. Any other acts equivalent to the above.

3.If it is discovered that the Subscriber falls under any of the criteria in paragraph 1 or any of the criteria in paragraph 2, the Company may immediately terminate this Agreement without any prior notice. In this case, the Subscriber shall not be entitled to claim damages or compensation from the Company based on the termination of this Agreement.

Chapter 6 Obligations of the Company, etc.

Article 37 (Duty of Care)

During the period of service utilization, the Company shall provide the Service with the care of a prudent manager. However, this shall not apply if otherwise stipulated in the utilization agreement.

Article 38 (Malfunctions in Service Equipment, etc.)

1.When the Company becomes aware of any malfunction in the Service equipment, etc., the Company shall promptly notify the Subscriber of such matter.
When the Company becomes aware of any malfunction in the Service equipment installed by the Company, the Company shall instruct the service equipment operator responsible for providing the service equipment to carry out the necessary repairs or restoration.
When the Company becomes aware of any malfunction in the telecommunications line leased by the Company to connect to the Service equipment, the Company shall instruct the telecommunications service provider responsible for providing the telecommunications line to carry out the necessary repairs or restoration.
In addition to the above, in the event of any defects in the Service, both the Subscriber and the Company shall promptly notify each other and, after consultation, decide on the appropriate measures to be taken by each party and implement them.

Chapter 7 Handling of Confidential Information, etc.

Article 39 (Handling of Confidential Information)

1.The Subscriber and the Company shall not disclose or leak to third parties any information provided by the other party for the performance of the Service, which is designated as confidential in writing by the other party and is specifically identified as confidential information at the time of the provision (hereinafter referred to as "Confidential Information"). However, this shall not apply to information falling under any of the following items or information for which prior written consent has been obtained from the other party.

1. Information already possessed without an obligation of confidentiality.
2. Information obtained legitimately from a third party without an obligation of confidentiality.
3. Information independently developed without reliance on the information provided by the other party.
4. Information that has become publicly known without violating the utilization agreement and regardless of whether it was received before or after.
5. Information provided without being specifically designated or identified as confidential information in accordance with the provisions of this Article.

2.Notwithstanding the provisions of the preceding paragraphs, the Subscriber and the Company may disclose information that should be disclosed based on laws or requested by competent authorities among the Confidential Information to the entity to which disclosure is to be made based on such laws or to the competent authorities. In this case, the Subscriber and the Company shall, unless in violation of relevant laws, notify the other party in advance of such disclosure and, if advance notification is not possible, shall notify promptly after the disclosure.
3.The party receiving Confidential Information shall take necessary measures to manage such Confidential Information.
4.The party receiving Confidential Information may duplicate or modify (hereinafter referred to as "Duplicate, etc.") the Confidential Information received from the other party within the scope necessary for the performance of the Service. In this case, the Subscriber and the Company shall treat the duplicated, etc. Confidential Information as Confidential Information under the provisions of this Article. If duplication, etc. beyond the scope necessary for the performance of the Service is required, prior written consent shall be obtained from the other party.
5.Notwithstanding the provisions of the preceding paragraphs, if deemed necessary by the Company, the Company may disclose Confidential Information to the subcontractor stipulated in Article 23 (Subcontracting) without obtaining prior written consent from the Subscriber, to the extent necessary for the subcontracting. In this case, the Company shall impose the same obligations of confidentiality on the subcontractor as the Company is obligated to under this Article.
6.The provisions of this Article shall remain valid for one year after the termination of the Service.

Article 40 (Handling of Personal Information)

1.The Subscriber and the Company shall use personal information (as defined in the Act on the Protection of Personal Information) included in the business or other operational information provided by the other party for the purpose of the Service only within the scope necessary for the performance of the Service, and shall not disclose or leak it to third parties, and shall comply with the relevant laws, including those related to the protection of personal information, concerning personal information.
2.If deemed necessary by the Company, the Company may subcontract the handling of acquired information to the subcontractor stipulated in Article 23 (Subcontracting) to the extent necessary for providing the Service.
3.The handling of personal information shall be subject to the provisions of paragraphs 4 to 7 of the preceding Article (Handling of Confidential Information) by analogy.
4.The provisions of this Article shall remain valid even after the termination of the Service.

Chapter 8 Damages Compensation, etc.

Article 41 (Limitation of Damages Compensation)

1.Regardless of the cause of action, such as non-performance liability, tort liability, or other legal claims, the scope of damages compensation liability that the Company shall bear to the Subscriber with respect to the Service or the Utilization Agreement shall be limited to the actual damages incurred by the Subscriber directly as a result of the Company's breach of contract or violation of the Utilization Agreement, attributable to the Company's fault, and shall not exceed the amount specified below. However, the Subscriber's claims for damages against the Company can be made only when the Subscriber has implemented response measures in accordance with Article 38 (Obstacles, etc., to the Service Equipment) paragraph 4 if necessary. The Company shall not be liable for damages arising from causes that cannot be attributed to the Company, damages arising from special circumstances regardless of foreseeability, or loss of profits.

1. The average monthly fee for the relevant Service that has occurred within the past 12 months from the end of the month in which the cause of action occurred (one month's worth).
2. In cases where the period from the end of the month in which the cause of action occurred to the start date of the Service is one month or more but less than 12 months, the average monthly fee for the relevant Service that occurred during that period (rounded down to one month).
3. If neither of the above applies, the amount obtained by multiplying the average daily fee for the relevant Service that occurred during the period until the day before the cause of action occurred by 30.

2.Regarding damages incurred by an Approved User due to reasons attributable to the Company or the Company's violation of the Utilization Agreement concerning the Service or the Utilization Agreement, the Company shall be exempted from any liability to the Approved User by bearing the liability to the Subscriber specified in the preceding paragraph, and the Subscriber shall be responsible for responding to the Approved User with full responsibility.

Article 42 (Disclaimer)

1.The liability of the Company for the Service or the Utilization Agreement shall be limited to the scope of the preceding Article, and the Company shall not be liable for damages incurred by the Subscriber, etc. due to the following reasons, regardless of non-performance liability, tort liability, or other legal claims.

1. Force majeure such as natural disasters, earthquakes, riots, etc.
2. Obstacles to the Subscriber's equipment or the Service equipment or defects in the Internet connection service to the Service equipment, etc., due to obstacles in the Subscriber's connection environment.
3. Damages due to performance values of the Internet connection service, such as response time from the Service equipment.
4. Invasion of the Service equipment by types of computer viruses for which virus patterns, virus definition files, etc., have not been provided to the Service equipment by the third party providing computer virus protection software introduced by the Company.
5. Unauthorized access or attacks by third parties to the Service equipment, etc., which cannot be prevented even with the care of a prudent administrator, and interception on the communication route.
6. Damages caused by the Subscriber, etc., not complying with the procedures, security measures, etc., stipulated by the Company.
7. Damages caused by software (OS, middleware, DBMS) and databases that do not belong to the Company's manufacturing among the Service equipment.
8. Damages caused by hardware that does not belong to the Company's manufacturing among the Service equipment.
9. Damages caused by defects in telecommunication services provided by telecommunication service providers.
10. Compulsory dispositions based on Article 218 of the Code of Criminal Procedure (seizure, search, examination by warrant), interception of communication for criminal investigation based on the Act on Interception of Communications for Criminal Investigation, or other compulsory dispositions based on court orders or laws.
11. Accidents such as loss of delivered items during transportation attributable to reasons not attributable to the Company.
12. Related to the business of subcontractors, if there is no negligence or other grounds for attribution on the part of the Company regarding the selection and supervision of subcontractors.
13. Other reasons not attributable to the Company.

2.The Company shall not be liable for any disputes, etc., arising between the Subscriber and third parties as a result of the Subscriber's use of the Service.

Revised on March 9, 2020.