Track Terms of Use

"Track" (hereinafter referred to as "this service") is an online service provided by Ghibli Inc. (hereinafter referred to as "our company"). To use this service, you must agree to the following terms of use (hereinafter referred to as "these terms"), so please read them carefully.

Article 1 (Definition)

The terms used in these Terms and Conditions shall have the following meanings:

"User" refers to a corporation or organization that has registered pursuant to Article 4.
"Programming problems and teaching materials" refers collectively to the programming problems and teaching materials provided by our company on this service (hereinafter referred to as "original problems and teaching materials") and the programming problems and teaching materials provided by users on this service (hereinafter referred to as "user-provided problems and teaching materials").
"Exam takers/students" refers to those who take exams or attend the programming questions and materials provided on this service.
"Answer data" refers to the data that test takers and students provide to us as answers to programming questions and teaching materials.
"Intellectual property rights" refers to copyrights, patents, utility model rights, trademarks, design rights (including the right to acquire these rights or to apply for registration, etc. of these rights), ideas, know-how, etc.

Article 2 (Purpose)

These Terms and Conditions stipulate the matters that users must comply with when using this service, as well as the methods of use and conditions of use.

Article 3 (Compliance with Terms and Conditions)

Users must understand and agree to all of these Terms and Conditions before using the Service, and must comply with these Terms and Conditions when using the Service.
When a user begins using the Service, the user is deemed to have understood and agreed to all of the terms and conditions.
Details of the terms of use of the Service not stipulated in these Terms and Conditions shall be determined separately by the Company.
The terms of use, regulations, and compliance matters separately stipulated by our company (hereinafter referred to as the "Terms of Use, etc.") shall have the same effect as these Terms of Use, and users shall use the Service in accordance with these Terms of Use and such Terms of Use, etc.
In the event of any discrepancy between the contents of these Terms and Conditions and the explanation of the Service in the terms of use, etc. set forth in the preceding paragraph, the provisions of these Terms and Conditions shall take precedence.

Article 4 (User Registration)

Any person who wishes to use this Service (hereinafter referred to as the "Applicant") may apply to register to use this Service by agreeing to these Terms and Conditions and providing certain information specified by our Company (hereinafter referred to as the "Registration Details") to us in the manner specified by our Company.
The Company will determine whether or not an Applicant who has applied pursuant to the preceding paragraph is eligible to use the Service in accordance with the standards set by the Company. If the Company approves the use of the Service, the Applicant will be notified of the approval and will be issued an ID, password, and URL (hereinafter referred to as "ID, etc.") necessary to use the Service.
Upon approval of the registration application set forth in the preceding paragraph, a service agreement (hereinafter referred to as the "Service Agreement") for the Service will be established between the Company and the User, and the User will be able to use the Service after the Service Agreement is established.
If an applicant for registration falls under any of the following items, the Company may refuse registration or re-registration, and shall not be obligated to disclose the reasons therefor. Furthermore, the Company shall not be liable for the refusal of registration or re-registration of an applicant for registration.
- If there is any falsehood, error, or omission in all or part of the registration information provided to our company.
- If the Company determines that you are a member of anti-social forces (meaning organized crime groups, members of organized crime groups, right-wing groups, anti-social forces, and other similar parties; the same applies below), or that you have some kind of interaction or involvement with anti-social forces, such as cooperating with or being involved in the maintenance, operation, or management of anti-social forces through funding or other means.
- If the Company determines that the individual is a person who has previously violated a contract with the Company or is related to such a person.
- If you have been subject to measures such as deregistration as set forth in Article 9
- Other cases where the Company determines that it is inappropriate for the User to use the Service.
If there are any changes to the registered information, the user must notify the company of such changes without delay.

Article 5 (ID Management)

Users shall manage and store IDs, etc. necessary for using the Service at their own risk, and the Company shall not be liable for any damages in the event of theft, loss, misuse, unauthorized use by a third party, etc. Furthermore, if a user's ID, etc. is used, the Company shall consider it to be use by that user, and the user shall be liable for all actions taken using their ID, etc. and their results, regardless of the reason.
Users shall not allow a third party to use their ID, etc., or lend, transfer, change the name of, buy or sell their ID, etc.
If a User's ID or other information is stolen or leaked, or if the User forgets the ID or other information, or if the User suspects that the ID or other information is being used by a third party against the User's will, the User must immediately notify the Company and follow the Company's instructions.

Article 6 (Prohibited matters)

When using this service, users must not engage in any of the following acts or have examinees or students they are involved with engage in any of the acts that may fall under any of the following items.

Actions that violate laws and regulations or criminal acts
Fraudulent or threatening behavior towards our company, other users of the Service, test takers, students, or other third parties.
Acts that are contrary to public order and morals
Any act that infringes on the intellectual property rights, portrait rights, privacy rights, reputation, or other rights or uses of our company, other users of the Service, test takers, students, or other third parties.
Sending any information that corresponds to or is deemed by the Company to correspond to any of the following to the Company or other users of the Service through the Service:
- Information containing excessively violent or cruel content
- Information containing computer viruses or other harmful computer programs
- Information that includes expressions that defame or damage the reputation of our company, other users of the Service, test takers, students, or other third parties.
- Information containing excessively obscene language
- Information containing expressions that promote discrimination
- Information containing expressions encouraging suicide or self-harm
- Information containing expressions that encourage the inappropriate use of drugs
- Information containing anti-social language
- Information that requests the dissemination of information to third parties, such as chain mail
- Information containing expressions that offend others
- Information aimed at meeting people of the opposite sex who you do not know
Any act that places an excessive load on the network or system of the Service
Any act that may interfere with the operation of this service
Any act of illegally accessing or attempting to illegally access our network or systems.
Fraudulent use of IDs, etc.
Allowing a third party to use your own or another user's ID, etc., or lending, transferring, changing the name, buying or selling the ID, etc.
Any publicity, advertising, solicitation, or sales activity on the Service that is not approved in advance by the Company
Collecting information about other users of the Service
Any act that causes disadvantage, damage or discomfort to the Company, other users of the Service or other third parties.
Providing benefits to antisocial forces, or interacting with or being involved in antisocial forces
Actions aimed at meeting members of the opposite sex who are not acquainted with the person
Any act that directly or indirectly causes or facilitates any of the acts listed above.
Any other conduct that the Company deems inappropriate

Article 7 (Ownership of Rights)

All intellectual property rights related to the Service belong to the Company or to parties that have granted a license to the Company, and no one other than the Company or parties that have granted a license to the Company may reproduce, copy, reprint, transfer, store, sell, publish, or otherwise use such rights beyond the scope of the Service Agreement in any manner or form without the Company's permission.
Notwithstanding the preceding paragraph, the intellectual property rights of user-provided questions and teaching materials shall belong to the user who provided such questions and teaching materials.
Users represent and warrant to us that they have the legal right to provide the data they provide (including user-provided questions and teaching materials) and that the user-provided questions and teaching materials do not infringe the intellectual property rights, ownership rights or other rights or interests of any third party.
To the extent necessary for the provision, maintenance, and improvement of the Service or the promotion of the Service, the Company may reproduce, adapt, automatically publicly transmit, and make available for transmission the questions and teaching materials provided by users, free of charge, indefinitely (including after the termination of the Service Agreement), and without geographical limitations, and the User hereby grants the Company permission to use the questions and teaching materials provided by users in the manner or manner described above.
If the user holds the copyright to the answer data provided by the examinee/student pursuant to Article 15 of the Copyright Act or for other reasons, the user shall transfer the copyright to said answer data to our company free of charge.
Users shall not take any action that interferes with our use of the answer data (including, but not limited to, receiving the transfer of copyright, etc. of the answer data from test takers/student participants).
Users may use only the answer data of test takers and students who have granted the right to take the programming questions and materials to the extent necessary to analyze the programming abilities of such test takers and students.
Users agree not to exercise their moral rights against our company or any person designated by our company, and not to allow test takers or students who use this service to answer programming questions or study materials to exercise their moral rights.

Article 8 (Usage Fees)

The user shall pay the service fee for this service, as separately determined by the company, by transferring the fee to the bank account designated by the company in accordance with the payment conditions specified by the company. The user shall be responsible for any bank transfer fees.

Article 9 (Cancellation of Registration, etc.)

If a user falls under any of the following circumstances, the Company may, without prior notice or warning, temporarily suspend the user's use of the Service, cancel the user's registration, or terminate the user agreement. The Company shall not be liable for any damages incurred by the user as a result of actions taken by the Company pursuant to this Article.

If you violate any of the provisions of these Terms and Conditions
If it is discovered that the registered information contains false facts.
If there is no response to an inquiry or other request from our company for more than 60 days.
When any of the items in Article 6 apply
Other cases where the Company determines that use of the Service or registration as a user is inappropriate.

Article 10 (Contract Period)

The contract period of this Agreement will be determined individually at the time of application for registration for use of the Service as stipulated in Article 4, Paragraph 1. Furthermore, unless the User requests cancellation at least 30 days prior to the expiration of the contract period, the same contract terms will continue, and the same shall apply thereafter.

Article 11 (Handling after contract termination)

If you cancel your service contract and cancel your registration for this service for your own reasons, any fees you have already paid will not be refunded.
If a User has any debts owed to the Company upon withdrawal, the User will automatically lose the benefit of time for all debts owed to the Company and must immediately pay all debts to the Company.
After cancellation of membership, personal information of users will be handled in accordance with the provisions of Article 19.

Article 12 (Suspension of Use of the Service, etc.)

If any of the following applies, the Company may suspend or interrupt the provision of all or part of the Service without prior notice to the User.
- When urgent inspection or maintenance work is performed on the computer system related to the Service.
- When computers, communication lines, etc. are stopped due to an accident, etc.
- If the operation of the Service becomes impossible due to force majeure such as earthquake, lightning, fire, wind and flood damage, power outage, or natural disaster.
- Any other reason that the Company deems it necessary to suspend or interrupt the service.
We shall not be liable for any damages incurred by users as a result of measures taken by us pursuant to this Article.

Article 13 (Changes and Termination of the Service)

The Company may change the content of the Service or terminate its provision at its discretion. If the Company terminates the provision of the Service, the Company will notify the User in advance in a manner determined by the Company.
We shall not be liable for any damages incurred by users as a result of measures taken by us pursuant to this Article, except in cases where such damages are due to reasons attributable to us.

Article 14 (Disclaimer of Warranties and Exemption from Liability)

The Company shall provide the Service as is, and makes no guarantee that the Service will meet the User's specific purpose, that it will have the expected functionality, commercial value, accuracy, or usefulness (including, but not limited to, the appropriateness of the programming questions and teaching materials, and the accuracy of the scoring results of the answer data), that the User's use of the Service will comply with laws and regulations or internal rules of industry associations that apply to the User, or that there will be no defects.
The Company shall not be liable for any interruption, suspension, termination, unavailability or change of the provision of the Service by the Company, the deletion or loss of messages or information sent by the User to the Service, the cancellation of the User's registration, the loss of registered data or malfunction or damage to equipment due to the use of the Service, or any other damage suffered by the User in relation to the Service, except in cases where such damage is due to the Company's willful misconduct or gross negligence.

Article 15 (Compensation for damages)

In the event that damage occurs to our company, our customers, other users, test takers, students, or other third parties in connection with the use of this service due to reasons attributable to the user, the user shall be liable to compensate our company for all such damages (including attorney's fees, costs required to restore the credibility and image of our company or this service, etc.).
In addition to the preceding paragraph, if our company is forced to make compensation or other payments in response to a claim from another user, test taker, student, or other third party due to the actions of a user, the user who caused the problem shall compensate our company for all damages suffered.
If a user receives a complaint from another user, test taker, student, or other third party in relation to the Service, or if a dispute arises with such a person, the user shall immediately notify our company of the details, and shall resolve the complaint or dispute at the user's expense and responsibility, and shall report the progress and results to our company upon our request.
Our company shall not be held responsible for any transactions, communications, or disputes that arise between users and other users, test takers, students, or other third parties regarding this service.
In the event that a court of competent jurisdiction determines that all or part of the provisions in these Terms of Use that fully exempt the Company from liability do not apply, and if damages, etc. are incurred by a user as a direct result of the Company's actions, the Company shall compensate the user for the direct and ordinary damages actually suffered. Furthermore, the compensation for damages that the Company shall pay shall be limited to the amount of the service fees actually received from the user at the time of the causative action (however, the amount received within the most recent one year prior to the date of the causative action).

Article 16 (Confidentiality)

Users shall not disclose or leak to any third party any technical, business or other business information of the Company that they learn in connection with the Service (including information on the Company's customers, hereinafter referred to as "Confidential Information"), unless they have received prior written consent from the Company, except with the exception of information that falls under any of the following items:
- Information that was already publicly known at the time of receiving the information
- Information that becomes publicly known after it is provided
- Information already in our possession without any obligation to maintain confidentiality
- Information that is legitimately obtained from a third party without any obligation to maintain confidentiality after it has been provided.
- Independently developed information, regardless of the information provided
The User shall use the confidential information provided by the Company only within the scope of the purpose of this Agreement, and if it is necessary to copy or modify such confidential information, the User shall obtain prior written consent from the Company.
The User must impose confidentiality obligations on its officers, employees, and test takers (hereinafter referred to as "Officers, etc.") who need to know confidential information in order to carry out the purpose of using the Service, that are at least as important as the obligations the User has under this Agreement, and the User shall be responsible for the actions and results of its Officers, etc.
When Confidential Information is no longer required for the purposes of using the Service, or when this Agreement is terminated or canceled, the User must promptly return it to the Company or take measures such as disposing of it in accordance with the Company's instructions.

Article 17 (Prohibition of Transfer of Rights and Obligations)

The User may not transfer or otherwise dispose of, have a third party assume, or offer as security all or part of its contractual status and the rights and obligations arising from this Agreement without the prior written consent of the Company.
In the event that the Company transfers the business related to the Service to a third party, the Company may transfer to the transferee the status, rights, and obligations under this Agreement as well as the information acquired by the Company through the Service, and the User shall consent to such transfer in advance. Note that the business transfer specified in this paragraph shall include not only ordinary business transfers but also company splits and any other cases in which the business is transferred.

Article 18 (Notifications, etc.)

Unless otherwise specified, any notices or communications from the user to the Company (hereinafter referred to as "Notices, etc.") and any notices, etc. from the Company to the user will be made by email or other method specified by the Company.
Any notice given by our company to a user shall become effective at the time when the notice is sent by our company. If a notice is sent by any other method, the notice shall become effective once the period reasonably necessary for the notice to reach the user has elapsed.
The notice set forth in the preceding paragraph shall be effective regardless of whether the user actually receives or recognizes the notice.

Article 19 (Handling of Personal Information)

Our handling of users' personal information shall be governed by the provisions of our "Privacy Policy ( https://givery.co.jp/privacy-policy/ )", and users agree that our company will handle their personal information in accordance with these provisions.
We may, at our discretion, use and disclose any information, data, etc. provided by users to us as statistical information in a form that does not identify individuals, and users shall not object to this.

Article 20 (Amendments to these Terms and Conditions)

The Company reserves the right to change these Terms at its discretion without prior notice. If the Company changes these Terms, the User will be notified of the changes. If the User uses the Service after being notified of the changes or does not complete the procedure for canceling membership within the period specified by the Company, the User will be deemed to have agreed to the changes to these Terms. Furthermore, the rights and obligations currently arising under these Terms will not be affected by the new Terms unless otherwise specified in the revised Terms (hereinafter referred to as the "New Terms").

Article 21 (Severability)

If any provision or part of any provision of these Terms and Conditions is found to be invalid or unenforceable for any reason, the remaining provisions of these Terms and Conditions and the remaining part of the provision that is found to be invalid or unenforceable shall continue to be in full force and effect. Furthermore, the remaining parts shall be applied by replacing the invalid provision or part with a valid provision that most closely matches the intent of the invalid provision or part, or by applying a reasonable interpretation so as to make the invalid provision or part the most closely match the intent of the invalid provision or part.

Article 22 (Governing Law and Jurisdiction)

These Terms and Conditions and the Terms of Use shall be governed by the laws of Japan, and the Tokyo District Court shall be the exclusive court of first instance for any disputes arising out of or relating to these Terms and Conditions or the Terms of Use.

Article 23 (Negotiable solution)

If any matter not specified in these Terms and Conditions or any doubts arise regarding the interpretation of these Terms and Conditions, the parties shall seek to resolve the matter promptly through consultation in accordance with the principle of good faith.

Established on
March 27, 2018
Partially revised on July 2, 2018
Partially revised on April 1, 2019