Created November 15, 2023

 

We at BLUE Symphony Corporation (together with our affiliates, “BLUE Symphony”, “we”, “our” or “us”) has established the following Terms of Use regarding our website, applications, and services (collectively, “Services”).

 

1. Application

Ÿ   These Terms of Use shall apply to all relationships related to the use of the Service between you and BLUE Symphony.

Ÿ   In addition to these Terms of Use, BLUE Symphony may establish rules regarding the use of the Service (hereinafter referred to as “Individual Rules”).

Ÿ   In addition to these Terms of Use, BLUE Symphony may establish various rules and regulations regarding the use of the Service (hereinafter referred to as “Individual Regulations”). In addition to the Terms of Use, BLUE Symphony may also establish various rules regarding the use of the Service (“Individual Regulations”). Regardless of the name of these Individual Regulations, they shall constitute a part of these Terms of Use.

 

2. Registration

  You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

 

Ÿ  The registration for this service is completed when the applicant agrees to the Terms of Use and applies for registration in the manner specified by BLUE Symphony, and when BLUE Symphony approves the application

Ÿ  If we determine that the applicant has any of the following reasons, we may not approve the application for registration, and we are under no obligation to disclose the reasons.

1.      When false information is reported at the time of application for registration.

2.      If the application is from a person who has violated these Terms of Use

3.      In any other case in which we deem the registration to be inappropriate

 

3. User ID and password management

Ÿ   The User shall properly manage his/her user ID and password for the Service at his/her own responsibility.

Ÿ   Under no circumstances may a user transfer or lend his/her user ID and password to a third party, or share them with a third party. When a user logs in with a combination of user ID and password that matches the registered information, we will consider the use of the Service to be by the user who has registered that user ID.

Ÿ   The Company shall not be liable for any damage caused by the use of a user ID and password by a third party.

 

4. Using Our Services

What You Can Do

 Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our documentation, guidelines, or policies we make available to you. 

 

What You Cannot Do

 You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

• Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
• Modify, copy, lease, sell or distribute any of our Services.
• Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
• Automatically or programmatically extract data or Output (defined below).
• Represent that Output was human-generated when it was not. Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
• Use Output to develop models that compete with BLUE Symphony.

 

Software 

Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses that we’ve made available to you.

 

Corporate Domains

 If you create an account using an email address owned by an organization (for example, your employer), that account may be added to the organization’s business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organization has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organization’s administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account. 

 

Third Party Services

 Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them. 

 

5. Content

Your Content

You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

 

Similarity of Content

 Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output. 

 

Accuracy

Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. 

When you use our Services you understand and agree:

·    Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, OR WILL NOT COMPLETELY RELY ON OUTPUT AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

• You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
• You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them. 
• Our Services may provide incomplete, incorrect, or offensive Output that does not represent BLUE Symphony’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with BLUE Symphony.

 

6. Our IP Rights

We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines.

 

7. Paid Accounts

Billing

If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received. 

If you are late in paying the usage fee, you shall pay a late fee at the rate of 14.6% per annum.

 

Cancellation

You can cancel your paid subscription at any time through procedures determined by us. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights. 

 

Changes

We may change our prices from time to time. If we increase our subscription prices, we will give you at least 15 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

 

8. Suspension of the Service

The Company may suspend or discontinue provision of all or part of the Service without prior notice to customers for any of the following reasons.

Ÿ   When performing maintenance inspections or updating of the computer systems involved in the Service.

Ÿ   When the provision of the Service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disasters.

Ÿ   When computers or communication lines, etc. are shut down due to an accident.

Ÿ   In any other cases in which the Company deems it difficult to provide the Service.

The Company shall not be liable for any disadvantage or damage incurred by you or any third party due to the suspension or interruption of the Service.

 

9. Termination and Suspension

Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

• You breached these Terms.
• We must do so to comply with the law.
• When it is found that there is a false fact in the registration information.
• In the event of default in payment of fees or other obligations.
• If you do not respond to our communications for a certain period of time.
• Your use of our Services could cause risk or harm to BLUE Symphony, our users, or anyone else.
• In any other cases where we deem the use of the Service to be inappropriate.

We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.

In addition, we shall not be liable for any damages incurred by you as a result of actions taken by us in accordance with this Article.

 

Appeals

If you believe we have suspended or terminated your account in error, you can file an appeal with support☆a-i.bz. (Please replace ☆ with @.)

 

10. Discontinuation of Services

We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

 

 

11. Disclaimer of Warranties

Ÿ   OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. 

Ÿ   YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR WILL NOT COMPLETELY RELY ON OUTPUT AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Ÿ   WE SHALL NOT BE LIABLE FOR ANY AND ALL DAMAGES INCURRED BY THE CUSTOMER ARISING FROM THE SERVICE, EXCEPT IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF US. HOWEVER, IF THE CONTRACT BETWEEN US AND YOU REGARDING THE SERVICE (INCLUDING THESE TERMS AND CONDITIONS) IS YOUR CONTRACT AS DEFINED IN THE CONSUMER CONTRACT Act, THIS DISCLAIMER OF LIABILITY SHALL NOT APPLY. HOWEVER, THIS DISCLAIMER DOES NOT APPLY IF THE CONTRACT BETWEEN YOU AND US REGARDING THE SERVICE (INCLUDING THIS AGREEMENT) IS A CONSUMER CONTRACT AS DEFINED IN THE CONSUMER CONTRACT ACT.

Ÿ   EVEN IN THE CASE OF THE PROVISO OF THE PRECEDING PARAGRAPH, WE SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING FROM SPECIAL CIRCUMSTANCES (INCLUDING CASES WHERE YOU OR WE FORESAW OR KOULD HAVE FORESEEN THE OCCURRENCE OF THE DAMAGE) AMONG DAMAGES CAUSED BY DEFAULT OR TORT DUE TO THE NEGLIGENCE OF US (EXCLUDING GROSS NEGLIGENCE). WE SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING OUT OF SPECIAL CIRCUMSTANCES (INCLUDING CASES WHERE YOU OR WE FORESAW OR KOULD HAVE FORESEEN THE OCCURRENCE OF DAMAGE). IN ADDITION, WE SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY OUR NEGLIGENCE (EXCLUDING GROSS NEGLIGENCE), DEFAULT OR TORT. IN ADDITION, COMPENSATION FOR DAMAGES INCURRED BY THE CUSTOMER DUE TO DEFAULT OR TORT CAUSED BY OUR NEGLIGENCE (EXCLUDING GROSS NEGLIGENCE) SHALL BE LIMITED TO THE AMOUNT OF THE USAGE FEES RECEIVED FROM THE CUSTOMER FOR THE MONTH IN WHICH THE RELEVANT DAMAGES OCCURRED.

Ÿ   WE SHALL NOT BE LIABLE FOR ANY TRANSACTIONS, COMMUNICATIONS, OR DISPUTES BETWEEN YOU AND OTHER USERS OR THIRD PARTIES IN CONNECTION WITH THE SERVICE.

 

12. Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF OUR LIABILITY TO PAY COMPENSATION ARISES, OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE MONTHS WHEN GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.　SOME COUNTRIES AND STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE TERMS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, THESE TERMS ONLY LIMIT OUR RESPONSIBILITIES TO THE MAXIMUM EXTENT PERMISSIBLE IN YOUR COUNTRY OF RESIDENCE.

BLUE SYMPHONY’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

WE ARE NOT RESPONSIBLE FOR ANY TRANSACTIONS, COMMUNICATIONS, OR DISPUTES THAT OCCUR BETWEEN USERS AND OTHER USERS OR THIRD PARTIES IN CONNECTION WITH THE SERVICE.

 

13. Copyright Complaints

If you believe that your intellectual property rights have been infringed, please send notice to support☆a-i.bz. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

Written claims concerning copyright infringement must include the following information:

• A description of the copyrighted work that you claim has been infringed upon.
• A description of where the allegedly infringing material is located on our site so we can find it.
• Your name, address, telephone number, and e-mail address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.

 

14. General Terms

Assignment

You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. You may not assign your position under the Subscriber Agreement or your rights or obligations under these Terms of Use to a third party or grant security over them without the prior written consent of BLUE Symphony. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

 

Changes to These Terms or Our Services

 We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

• Changes to the law or regulatory requirements.
• Security or safety reasons.
• Circumstances beyond our reasonable control.
• Changes we make in the usual course of developing our Services.
• To adapt to new technologies.

We reserve the right to modify these Terms and Conditions without requiring your individual consent in the following cases.

Ÿ   The modification of the Terms of Use is in your general interest.

Ÿ   When the modification of these Terms of Use is not contrary to the purpose of the Service Use Agreement and is reasonable in light of the necessity of the modification, the reasonableness of the modified contents, and other circumstances pertaining to the modification.

We will notify you of any changes to these Terms. The changes will be effective upon posting on our website. If you do not agree to the changes, please discontinue using our services.

 

Notices or Communications

 Notification or communication between you and us shall be made by the method prescribed by us. Unless you notifies us of a change according to a method separately determined by us, we will assume that the currently registered contact address is valid and will send notices or communications to that address, which will be deemed to have reached you at the time the notice or communication is sent.

 

Delay in Enforcing These Terms

 Our failure to enforce a provision is not a waiver of our right to do so later.

 

Trade Controls

 You must comply with all applicable trade laws, including sanctions and export control laws.

 

Governing Law

Ÿ   These Terms of Use shall be governed by and construed in accordance with the laws of Japan.

 

Ÿ   Any disputes arising in connection with the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of our head office.