Design Thinking Test Terms of Use
Article 1 Terms of Use
These Design Thinking Test Terms of Use (these “Terms”) establish conditions of use of the service and matters to be observed by VISITS Technologies Inc. (the “Company”) and test takers when test takers use the Service using the design thinking test provided by the Company.
Article 2 Definitions
- “Design Thinking Test” means the system (“the Tool”) to implement Design Thinking Test that measures the ability of Test Takers to generate and evaluate ideas by generating ideas in a proprietary system developed by the Company and measuring the generated ideas.
- The “Service” collectively means use of the Tool, registering to use the Tool, taking individual tests (“Individual Tests”) using the Tool, marking Tests, and reporting Test scores.
- “Test Takers” means persons who have applied to the Company to use the Service and have concluded a contract for the Service with the Company.
- “Data” means all information required to use the Service and Test responses.
- “Login Information” means information in order to use the Service set when registering as a user pursuant to Article 3.
- “User Company, etc.” means the following companies and organizations;
- Companies and organizations that use the individual tests taken by the test taker.
- Companies and organizations to which the test taker submitted the results of the individual test.
- Companies and organizations that provided opportunities for examinees to take the test.
Article 3 Use of the Service and User Registration
- Test Takers shall agree to these Terms and all provisions for the handling of personal information set forth separately by the Company before applying to use the Service.
- Test Takers shall apply to use the Service and register as users in accordance with procedures set forth by the Company.
- The Company shall send an email to Test Takers who have completed an application to use the Service described in the preceding paragraph, to the email address provided by Test Takers when applying, in order to complete user registration procedures. A contract pertaining to the Service shall take effect between Test Takers and the Company upon Test Takers connecting to the URL displayed in the email.
- The Company shall not be obligated to contact Test Takers separately if email addresses provided by Test Takers in the preceding paragraph are incorrect and emails from the Company do not reach Test Takers, and the Company shall assume no liability whatsoever if Test Takers are unable to use the Service due to failing to complete user registration procedures.
- The Company may refuse to registers Test Takers as users if Test Takers correspond to any of the following items, and the Company shall not be under any obligation to disclose the grounds for refusing registration:
- when some or all of the registration information provided to the Company is false, mistyped, or omitted;
- when the Company deems that Test Takers have breached the provisions of the Company Terms of Use, etc. in the past; or
- when an operator that competes with the Service or some other third party has been allowed to use Service Login Information.
- If registered information changes, Test Takers shall notify the Company promptly in accordance with procedures set forth by the Company. The Company shall not be liable for any damage to Test Takers if Test Takers fail to provide such notification.
- Separate arrangements shall take precedence if there are any separate arrangements in addition to these Terms between Test Takers and the Company.
Article 4 Management of Login Information
- Test Takers assume the obligation to strictly manage Login Information issued by the Company, and must not assign, lend, or disclose, etc. such information to a third party.
- If Login Information entered when logging into the Service matches information registered when registering to use the Service as described in the preceding Article, the Company shall deem such use of the Service to be use by Test Takers themselves.
- The Company shall not be liable if Test Takers’ Login Information is leaked and Test Takers incur damage; except in cases attributable to the Company.
- If a third party uses, etc. the Service using Test Takers’ Login Information, the Company may deem such use, etc. to be use by Test Takers.
Article 5 Individual Test Implementation
- Test Takers shall take Individual Tests in accordance with specified procedures set forth by the Company and in compliance with these Terms.
- Test Takers shall use Login Information written in the email sent by the Company in Article 3.3 to take Tests.
- Test Takers must take Individual Tests during the period separately specified by the Company.
Article 6 Fee-based Tests
- A contract concerning the taking of fee-based tests (“Fee-Based Tests”) shall take effect between Test Takers and the Company when Test Takers apply for Fee-Based Individual Tests included in the Service and pay the Company test fees set by the Company.
- Test Takers who are minors must obtain consent from a person who has parental authority when applying for Fee-Based Tests.
- Usage fees of Fee-Based Tests shall be paid by the means chosen by Test Takers from among the means separately specified by the Company.
- In addition to these Terms, Test Takers shall comply with contracts concerning the use of payment methods with operators that provide payment services set forth by the Company (“Payment Service Providers”), and shall make payments in accordance with the payment terms set forth separately by Payment Service Providers. Payment Service Providers shall bill and collect usage fees on behalf of the Company. Test Takers and Payment Service Providers shall be responsible for settling any disputes that arise between Test Takers and Payment Service Providers in connection to the use of such payment methods.
- The Company may suspend provision of Fee-Based Tests to Test Takers in whole or in part, irrespective of the reason, if Test Takers fail to pay usage fees by the due date or the Company judges that the payment method selected in paragraph 2 cannot be used.
- After paying usage fees, Test Takers who have applied to Fee-Based Test, cannot change test dates and Test Takers and request refunds of usage fees. The Company shall not refund usage fees to Test Takers who have applied for Fee-Based Tests due to Test Takers’ circumstances, irrespective of the reason.
- Usage fees shall not be refunded or reduced even if use of the Service is suspended pursuant to Article 10 or provision of the Service is suspended pursuant to Article 16.
- The Company may change usage fees of the Service as necessary. In such case, the provisions of Article 21 shall apply.
Article 7 Use of Analysis Results
- Test Takers agree in advance to the Company aggregating analysis results after marking Tests (“Analysis Results”), creating Data and statistical information that has been processed so that Individual Test Takers cannot be identified or specified, and using such Data and statistical information for the purpose of research, analysis, publication and the development of new services, etc.
- The Company shall not be liable if Test Takers manipulate or edit test score Data and reports after receiving test result reports, even if errors occur as a result in edited results.
Article 8 Storing Analysis Results
The Company may store Analysis Results and information processed, etc. pursuant to Article 7.1. However the Company is not obligated to store Analysis Results and information.
Article 9 Prohibited Conduct and Obligations of Test Takers
- Test Takers shall only use the Service for the purpose of use agreed to in advance by the Company (including for the purpose of self-assessment and evaluation and self-understanding, “Purpose of Use”), and must not use the Service for other purpose.
- Test Takers must not copy, reproduce, reprint, quote, publically transmit (including enabling public transmission), distribute (including uploading to a server connected to a network), edit, adapt, modify, manipulate, translate ,or disclose to a third party, etc. the Tool, by any means whatsoever, themselves or using a third party.
- Test Takers must not provide a service that is the same or similar to the Service, using a tool that is the same or similar to the Tool, themselves or using a third party.
- Test Takers must not publish printed materials, etc. relating to the Tool themselves or using a third party.
- Test Takers shall take Individual Tests themselves alone, and shall not allow a third party to take the Individual Tests or take the Individual Test with the assistance of another person, or use any other dishonest means to take the Individual Test.
- Test Takers must not make statements or engage in acts corresponding to the following or that the Company deems to correspond to the following when taking Individual Tests:
- statements that divulge the trade secrets of a third party (including corporations and organizations to which the Company or Test Takers belong, and the same applies hereinafter in this paragraph), or information subject to the duty of confidentiality with regard to a third party;
- statements that include a third party’s personal information and statements that infringe on a third party’s privacy;
- explicitly sexual statements and indecent statements;
- excessively violent statements;
- discriminatory statements;
- statements that slander or defame a third party and statements that damage the reputation or credibility of a third party;
- statements that infringe on the intellectual property rights or other rights of a third party;
- statements akin to election campaigning or religious activities or similar statements;
- statements that induce or encourage suicide, self-injury, or drug abuse;
- other statements that violate public order and morals or contain anti-social content;
- criminal acts or acts that lead to criminal acts; or
- acts that violate the laws of Japan.
- The Test Takers shall follow instructions, even when using the Services through a User Company, etc., if User Company, etc. give the legitimate instructions regarding the use of the Services. The Company shall not be liable for any loss or damage arising from the use of this Service.
- When the Test Taker violates Article 4.1, Article 6.2, this Article, Article 12.1, or Article 15, The Company shall claim for compensation for damages as provided in Article 18.2 and may prior notice to the Test Taker, and share the details of the violation to the User Company, etc.
Article 10 Suspension of Use of the Service, etc.
- The Company may ask Test Takers to change their Login Information or temporarily suspend use of Login Information if the Company suspects that Test Takers’ Login Information is being used dishonestly.
- The Company may temporarily suspend use of the Service by Test Takers in whole or in part if the Company suspects that Test Takers are violating these Terms.
- The Company shall not be liable for any damage suffered by Test Takers as a result of suspending use of the Service in whole or in part in accordance with the preceding 2 paragraphs, if there are reasonable grounds for such suspension.
Article 11 Deleting User Registration
The Company may suspend or delete Test Takers’ user registration and terminate these Terms, without giving any notice:
- when Test Takers have made false declarations in their applications;
- when Test Takers continue to engage in acts that violate these Terms and such acts are not corrected despite warning from the Company; or
- when Test Takers have violated Article 19 (Representations).
Article 12 Confidentiality
- Test Takers must not disclose or divulge to third parties any information obtained with connection to the provision or use of the Service without prior written consent from the Company; provided, however, excluding:
- information in the public domain at the time obtained from the Company;
- information that enters the public domain through no fault of Test Takers after obtained from the Company;
- information lawfully obtained without assuming the duty of confidentiality from the Company;
- information developed independently without using information obtained from the Company; or
- information obliged to disclose in accordance with the provisions of laws and regulations, or orders from courts or governmental organizations, etc.
- Test Takers shall agree that the validity of this Article will remain in effect after contracts pursuant to these Terms end.
Article 13 Protection of Personal Information
The Company must not disclose or divulge to a third party or use for any purpose other than provision of the Service, personal information on Test Takers obtained when providing the Service, without prior consent from Test Takers. Furthermore, the Company must take reasonable security control measures necessary to prevent such personal information from being leaked, lost, or damaged, etc.
Article 14 Attribution of Intellectual Property Rights
- Copyrights, patent rights, design rights, trademark rights, and the right to register such rights, as well as know-how, concepts, and ideas, etc. (“Intellectual Property Rights”) concerning the Service (including content, marking methods, analysis methods, manuals, report forms, other documents, videos, photographs, audio, etc.) shall all belong to the Company.
- Copyrights to ideas Test Takers come up with during Individual Tests are retained by Test Takers; provided, however, that Test Takers shall grant the Company, for free, a sub-licensable and irrevocable license to reproduce, adapt, and publicly transmit such copyrights.
- Test Takers shall not exercise moral rights of author with respect to the Company and third parties designated by the Company with regard to ideas set forth in the preceding paragraph.
- Notwithstanding the provisions of the preceding two paragraphs, Test Takers who wish to restrict publication of ideas should contact the Company via the Service’s contact page. The Company receiving the contact from Test Takers, deems it necessary, the Company shall restrict the publication of the ideas.
Article 15 Prohibition of Assignment of Rights and Obligations
Test Takers may not assign to a third party, succeed or use as collateral any rights and obligations incurred pursuant to these Terms, without prior consent from the Company.
Article 16 Suspension of Provision of the Service
The Company may temporarily suspend provision of the Service without prior consent from Test Takers when circumstances corresponding to any of the following items arise. The Company shall not be liable for any detriment or damage suffered by Test Takers as a result of such suspension, irrespective of the grounds.
- when maintaining the Service or changing specifications;
- when the Service in unavailable in whole or in part due to Service related communication environment failures, natural disasters, fire, strikes, floods, epidemics, riots, war, or acts of terrorism, etc. or factors relating thereto;
- when the Service in unavailable in whole or in part due to Service system malfunctions, hacking or cracking by a third party or any other interference in the Service, or other similar circumstances; or
- when the Company deems it necessary to temporarily suspend provision of the Service due to other unavoidable circumstances.
Article 17 Indemnification and No Warranty
The Company shall be indemnified and shall not warrant any of the following items:
- The Company shall not warrant the up-to-dateness, integrity, accuracy, or usability, etc. of details relating to information or Data, etc. provided in the Service;
- The Company shall not be liable for any damage caused by websites or services provided by a third party that can be accessed through the Service;
- The Company shall not be liable for any damage incurred due to natural disasters, fire, strikes, floods, epidemics, riots, war, or acts of terrorism, etc., or other circumstances not attributable to the Company;
- The Company shall not warrant that Data in the Service will not be deleted or changed. Test Takers shall be responsible for saving any necessary Data.
- In the event that Test Takers use the Service (including using test scores) in countries or regions other than Japan, the Company shall not be liable for any damage incurred by Test Takers or other third parties as a result of all or a part of the Service infringing the laws and regulations or conventions, etc. of that country or region;
- The Company shall not be liable for any damage incurred by Test Takers as a result errors in details Test Takers provide when applying to register for the Service or details registered by Test Takers, or as a result of Test Takers failing to register details that should be registered;
- The Company shall not be liable if any failures occur in the provision of the Service due to security incidents that cannot be prevented using conventional security measures and any damage is incurred by Test Takers such as Data relating to the Service being altered or erased;
- The Company shall not be liable if Test Takers are unable to use the Service due to line congestion, line failures, or computer equipment failures, etc. that cannot be prevented by conventional measures, if the Company provides the Service to Test Takers using internet lines; and
- The Company shall not be liable for any damage incurred by Test Takers due to other failures occurring that the Company cannot prevent by taking conventional measures.
Article 18 Compensation for Damage
- The Company shall assume the obligation to compensate for damage if damage is caused to Test Takers due to willful misconduct or gross negligence in relation to the provision of the Service.
- Test Takers shall assume the obligation to compensate for damage if damage is caused to the Company due to willful misconduct or gross negligence in relation to the use of the Service.
- The Company shall not be liable to compensate for damage to Test Takers who breach Article 19 and whose use of the Service has been terminated.
Article 19 Representations
- Test Takers represent that they do not currently correspond to an organized crime group, an organized crime group member, or a party for whom five (5) years has not yet elapsed since ceasing to be an organized crime group member, a non-regular member of an organized crime group, a company closely related to an organized crime group, a corporate racketeer, etc., a group engaging in criminal activities under the pretext of conducting social campaigns, or a crime group specialized in intellectual crimes, etc., or any other party pursuant to such groups, etc. (collectively, “Organized Crime Group Members, etc.”), and that they do not correspond to any of the following items, and promise that they shall not correspond thereto at any time in the future:
- have relations that are acknowledged as Organized Crime Group Members, etc. controlling management;
- have relations that are acknowledged as Organized Crime Group Members, etc. having a substantial involvement in management;
- have relations that are acknowledged as inappropriately using Organized Crime Group Members, etc. such as for the purpose of procuring unjust gain for themselves, their company or a third party, or for the purpose of causing a third party to sustain damages;
- have relations that are acknowledged as providing funds, etc. or are involved in providing favors to Organized Crime Group Members, etc.; or
- officers or parties with substantial involvement in management have relations with Organized Crime Group Members, etc. that are socially reprehensible.
- Test Takers promise not to engage in conduct corresponding to the any of the following items themselves or through a third party:
- violent demands;
- unreasonable demands that go beyond the limits of legal liability;
- use of intimidating words or actions in business dealings, or use of violence;
- the spreading of rumors or use of fraudulent means or undue influence to discredit the other party or to obstruct and interfere with the other party’s business; or
- other acts similar to each of the preceding items.
Article 20 Termination
The Company may terminate contracts relating to the Service in whole or in part without any prior notice or warning to Test Takers if Test Takers correspond to any of the following items. In such cases, Test Takers shall forfeit benefit of time with regard to usage fees already incurred for Fee-Based Tests and all other obligations, and shall immediately pay such obligations in a lump sum in accordance with instructions from the Company. Furthermore, Test Takers shall agree that usage fees, etc. for the Service already paid to the Company cannot be refunded.
- when Test Takers file or when a third party has filed for the commencement of bankruptcy proceedings, the commencement of civil rehabilitation proceedings or other similar bankruptcy proceedings;
- when Test Takers are subject to seizure, provisional seizure, provisional disposition, disposition by public sale or other disposition by a governmental authority, or when payments have been suspended such as bills or checks drawn or underwritten by Test Takers being dishonored;
- when there are reasonable grounds for anticipating that Test Takers’ financial situations will worsen and Test Takers will fall behind in paying fees;
- when Test Takers die or otherwise forfeit legal capacity to hold rights or act;
- when Test Takers breach any of the obligations in these Terms and fail to rectify the breach within 30 days, despite rectification being requested; or
- when Test Takers are otherwise judged to be inappropriate by the Company.
Article 21 Revisions to These Terms, etc.
- The Company may, at its discretion, revise these Terms and terms, etc. incidental to these Terms in the following cases:
- when revisions are in the general interest of Test Takers; or
- when revisions do not conflict with the purpose of contracts, and are reasonable in light of the need for revisions, the appropriateness of the revised content, the content of the revisions, or other circumstances relating to the revisions.
- When making revisions in accordance with the preceding paragraph, the Company shall announce on the Company’s website and notify Test Takers by email, of the fact that revisions will be made, the details of the revisions, and the effective date of the revised versions, at least one month prior to the effective date of the revisions.
- Test Takers shall be deemed to have consented to the revisions when using the Service after the effective date of the revised versions.
Article 22 Governing Law and Jurisdiction
- These Terms shall be construed according to the laws of Japan.
- The Tokyo District Court shall be the exclusive agreed court with jurisdiction in the first instance for any disputes that arise in relation to these Terms.
Enacted/Effected: March 1, 2019
Revised/Effected: August 19, 2019
Revised/Effected: March 12, 2020
Revised/Effected: February 15, 2022