Terms of Service

Section 1: Definition

• Terms: Moppium Terms of Use
• Our company: Human Crest Co., Ltd.
• This service: Moppium

Section 2: Service content

• This service is a website provided by our company, which provides a test platform in the cloud environment that allows users to automate API tests through a browser. The user shall be able to monitor and view the test execution results through this service.
• This service consists of a paid version service, and we may change the configuration or contents of the service arbitrarily.
• Our company shall be able to change the specifications of this service without notice to the user.

Section 3: Application and modification of this agreement

• The user is deemed to have agreed to these Terms while continuing to use the service. If you do not agree to these terms, you cannot use this service.
• The provisions we make available to you from time to time, online or by other means, form part of these Terms.
• We may change, add or delete these Terms at any time without the consent of the user. In this case, the changed Terms will take effect from the time they are posted on the website of the Service.
• If there is a change in these Terms, we will notify you by a method that we consider to be reasonable. If the user continues to use the Service after being notified that changes have been made to these Terms, it is considered that they have accepted the changes to these Terms.

Section 4: Account application

• After accepting this agreement, the user shall apply for the use of this service based on the procedure specified by our company.
• A term of service (hereinafter referred to as Term of service) containing the provisions set forth in these Terms shall be established when we accept the application for the account.
• We may ask users to submit materials for confirming the whereabouts of companies or individuals regarding the content of application for accounts. If you do not submit these materials, we may not accept your application for an account.

Section 5: Disapproval of account application

• If a user applies for an account and this user falls under any of the following items, we may not accept this application.
  1. Acts that infringe other users of this service, third parties or our intellectual property rights (copyright, design right, patent right, utility model right, trademark right, know-how, etc.), or Actions that may result
  2. If you do not apply for an account as specified by us
  3. In case register with misinformation
  4. If we determine that using this service may interfere with the operation of this service or the system for that purpose.
  5. When we determine that the application for an account may be the purpose of investigating our business content
  6. When we judge that we are in the same industrys
  7. If you are not a legal person
• We shall not be liable for any damages caused to the user by not accepting the application for the account.

Section 6 (Change of account content)

• If there is a change in the information registered when applying for an account, the user shall immediately make that change by the method specified by us.
• We shall not be liable for any damages caused to the user due to the failure to change the previous paragraph.

Section 7: Management of login account

Section 8: Suspension of account or termination of usage contract

• If the user falls under any of the following items, regardless of the reason, we immediately stop providing this service to this user, suspend the account of the user or use the contract. It is possible to cancel. In this case, if this user causes damage to us, we can claim damages to this user.
  1. If you discover that you registered false information during account registration
  2. When an act that violates these Terms
  3. When we judge that there is a possibility that there is or may be an act that conflicts with the contents stipulated in Section 14 (Prohibitions) of these Terms
  4. When we judge that it is the same user who has violated this agreement and the terms of use of other services provided by us.
  5. When we determine that using this service may interfere with the operation of this service or system.
  6. When we judge that the use of this service may be for the purpose of investigating our business content
  7. In case of giving any disadvantage to us due to intention or negligence
  8. When the information on this service has been tampered with
  9. If the account and password are used improperly
  10. When using this service by a user of another service or a third party without our permission
  11. In addition, when we judge that it is inappropriate as a user of this service
  12. If there is no transfer of the service usage fee by the deadline: This service will be generated by discontinuing the provision of the service to the user, suspending the account or canceling the usage contract based on the preceding paragraph. We do not take any responsibility for damages.
• Based on the preceding paragraph, we will not be liable for any damages caused to this user by discontinuing the provision of this service to the user, suspending the account or canceling the usage contract

Section 9: Cancellation of User Agreement

• The user shall notify the cancellation by the method specified by our company.
• The terms of service shall be canceled on the day when we confirm the notification of cancellation from the user based on the provisions of the preceding paragraph.
• On the cancellation date, any liability of the user that occurred during the effective period of the usage contract shall not be extinguished until the obligation is fulfilled even after the cancellation of the terms of service.
• All fees paid to us by the user during the terms of service are non-refundable and the user acknowledges this.
• We will not back up the data of this user after the user has notified that the terms of service have been cancelled. Backup of data after notification of cancellation of terms of service shall be done at the user's own risk, and we shall not be liable for any damage caused to the user regarding data backup, etc.

Section 10: Notice from us

• If we determine that it is necessary to notify the user, etc., we will notify from time to time by any method we think is appropriate, such as posting by e-mail, in writing or on our website.
• When we give notices on the web page of this service, it is assumed that the notice etc. arrived at the user on the day when the notice etc. was posted on the web page. In addition, when notifications, etc. are sent by e-mail, it is considered that the notification, etc. has arrived at the user when our company sends the e-mail to the user.

Section 11: Service usage fees

• When using the paid services of this service, the user shall pay the usage fee to us. The user shall pay this usage fee by the payment method specified by our company.
• We will not calculate the prorated amount when billing the usage fee to the user.
• We will not refund the prepaid usage fee even if the usage contract ends during the usage period of the paid service.

Section 12: Start of using the service

• After signing the terms of service, the user selects the type of service that the user desires to use from this service and uses it.
• In the case of the preceding paragraph, if the service that the user desires to use is a paid service, the user shall be able to use this paid service after confirming the payment from the user.
• Our company shall determine the usage period of the paid service corresponding to the usage fee, and the user can use the paid service only for the period according to the usage fee paid to us.

Section 13: Suspension of paid services

• When the usage period of the predetermined pay service has passed
• When the user has not paid the usage fee

Section 14: Prohibited matters

1. Acts that infringe other users of this service, third parties or our intellectual property rights (copyright, design right, patent right, utility model right, trademark right, know-how, etc.), or Actions that may result
2. Acts that infringe other users of this service, third parties, or our company's property, credit, honor, privacy, or portrait rights, or acts that may lead to such acts.
3. Act of transmitting information, etc. to the effect that it harms the body, life, freedom, honor, property, etc. of other users of this service or a third party
4. Acts that cause or may cause disadvantages to other users of this service, third parties, or our company.
5. Providing information that violates public order and morals to other users of this service or third parties
6. Acts that violate the law, criminal acts, or acts that may cause these, or acts that assist or solicit them.
7. Acts that interfere with the operation of this service and other services provided by our company, or acts that damage the trust and reputation of our company.
8. Using or providing harmful programs, codes or files such as computer viruses through or in connection with this service.
9. Act of sending, receiving or displaying information by impersonating another person
10. Sending e-mails, comments, trackbacks, etc. against a large number of unspecified people indiscriminately or in large numbers using our service, or sending a large number without prior approval E-mail information distribution act to the destination
11. Unauthorized use, transfer or loan of IP address, account, login ID, password and email address
12. An act of providing or reselling or reselling a service similar to the service specified in this service to a third party regardless of whether it is paid or free of charge, by using this service
13. Act of making the terminal unable to receive manufacturer support due to modification of the operating system or modification of the terminal
14. Unauthorized access to other users of this service, third parties, our servers, or other computers
15. Acts that significantly load the server or network
16. Acts of using or misusing bugs and other defects in programs
17. Act of registering false information in our company
18. Any act that violates or may violate any provision of these Terms
19. Other acts that we judge to be inappropriate

Section 15: Liability for providing this service

1. We will endeavor to maintain and operate the equipment for this service so that this service can be provided smoothly. However, the user acknowledges that this service may not be available due to unforeseen circumstances.
2. We shall not be liable for any damages caused by the temporary inability of users to use this service.

Section 16: Protection of personal information and legal compliance

1. In principle, we will not disclose or provide personal information to anyone other than the user himself, and will not use it beyond the range necessary for providing this service. The user consents to the handling of the personal information of the user acquired by the Company in accordance with the privacy policy separately set by the Company.
2. We reserve all rights regarding information such as the terminal test of the user, the history of remote operation usage and the record of various processing results that accompany them, which occurs as a result of the use of this service by the user. I shall belong.
3. We will use the information obtained in accordance with the preceding paragraph for the purpose of improving this service and other services operated by our company, as well as using it for statistics and analysis in the form that personal information and user information are unknown. Person can use it.

Section 17: Damages

1. Our company shall not be liable to the user for any damage caused by the use of this service and shall not be liable for compensation for such damage.
2. We will delete the registered or posted information of the user, suspend or delete the qualification of the user, or stop, suspend, cancel, etc. of the service We assume no responsibility whatsoever.
3. When a user causes damage to other users of this service or a third party by using this service, the user shall solve the problem at his/her own expense and will not damage us. In this case, because other users of the Service or a third party have pursued liability to us, payment of damages, settlement or other damages, or litigation expenses (including attorney's fees and litigation procedure expenses). ), etc., the user shall immediately compensate for the damage paid by the Company and the cost spent.
4. If the operation of this service is affected by the mass delivery of e-mails by the user, we may claim criminal charges or damages due to the obstruction of our business.
5. If the user damages us due to an act that violates this agreement, or an illegal or illegal act, we shall be able to make a claim for damages to the user.

Section 18: Disclaimer

1. Even if there is damage to the user in connection with the use of this service such as delay, change, suspension or abolition of provision of this service, loss or loss of information etc. provided through this service, Does not take any responsibility.
2. Our company shall not be liable for any damage caused to the user due to defects, failures, malfunctions or malfunctions of the device, software or communication network used for using this service.
3. We do not guarantee the accuracy, safety, legality, suitability, purposefulness, etc. of the content of the test results obtained by using this service. Our company will not be liable for any damage incurred by the user based on this test result.
4. Our company shall endeavor to enable users to use this service for 24 hours. The user shall use this service after consenting to the fact that our company does not guarantee the occupied time of the terminal, operating environment, communication environment, etc.

Section 19: Governing Law

Section 20: Consultation and Court of Jurisdiction

1. In case of doubt regarding the interpretation of these Terms, we shall be able to determine the interpretation within a reasonable range.
2. For all disputes regarding this service between our company and the user, the Tokyo Summary Court or the Tokyo District Court in Japan shall be the exclusive agreement jurisdictional court of the first instance, depending on the amount of the complaint.