Coome Education Terms of Service

NTT DATA NJK Corporation


General Provisions

Article 1 (Purpose of Establishment of Terms)

  1. These Terms of Service (hereinafter referred to as "Terms of Service") are established by NTT DATA NJK CORPORATION (hereinafter referred to as "NTT DATA NJK"). This Terms of Service (hereinafter referred to as the "Terms") is provided by NTT DATA NJK CORPORATION (hereinafter referred to as the "Company") to the Users (defined in Article 2). (hereinafter referred to as "the Company") provides the Service (defined in Article 2) to Users (defined in Article 2), the Terms of Use (hereinafter referred to as the "Terms of Use") stipulate the rights and obligations between the Company and Users.
  2. If you do not agree to the terms of this Agreement, you may not participate in the Conference (defined in Article 2) or use the Service.

Article 2 (Definitions)

  1. The term "Agreement" refers to the agreement between the Company and the User (as defined in this Article) regarding the use of the Service in accordance with the various provisions of this Agreement.
  2. "User" means a person who has agreed to use the Service in accordance with the Terms of Use and has submitted to the Company an application for use as prescribed by the Company, to whom the Company has sent a notice of acceptance by the method prescribed by the Company.
  3. "Service" means the service provided by software named "Coome Education" provided by the Company for the purpose of multiple users (as defined in this Article) connecting to a VR space and communicating while sharing visual data (regardless of the reason, the name of the service or the content thereof may be changed). (In the event that the name or content of the service is changed for any reason, the service after such change is included.) (including any changes to the name or content of the Service for any reason whatsoever).
  4. "Account" means an ID and password required to use the Services (as defined in this Article).
  5. "Service ID" means an ID (as defined in Article 4.1) that is activated when using the Service.
  6. "Intellectual Property Rights" means copyrights, patents, utility model rights, trademarks, design rights, and other intellectual property rights (including the right to acquire such rights or apply for registration of such rights). (including the right to obtain such rights or to apply for registration, etc. of such rights).
  7. "User" means a user of the Service who has been assigned an ID and password by the Company.
  8. "User Contents" means materials, contents, data, etc. which are sent or shared by the User to the VR Conference Room, etc. or the User Site, or created by the User in the VR Conference Room, etc. in the Service.
  9. "VR Conference, etc." means a conference space in VR.

Article 3 (Functional Changes and Version Upgrades of the Service)

  1. The Company may change, add, or discontinue all or part of the Service at any time for the Company's convenience. In the event of discontinuation of the Service in whole or in part, the Subscriber Agreement shall terminate.
  2. In the event that the Company determines that a change, addition, or delivery of all or part of the Service in accordance with the preceding paragraph will have a significant impact on users, the Company shall inform or notify users in advance of the contents of such change, addition, or discontinuation. However, in the event of an emergency or other unavoidable circumstances, the Company may not make such notification or announcement.
  3. The Company shall not be liable for any damage incurred by the user in the event of a change, addition, or discontinuation of all or part of this service in accordance with Paragraph 1.

Article 4 (Management of Service Authentication Service ID and Account Information)

  1. When using the Service, the Service ID issued by the Company at the time of subscription shall be used to activate (activate) the Service.
  2. The user is authenticated by the service ID entered by the user at the time of use. If the user cannot be authenticated, the user cannot use the Service.
  3. When authentication is performed by the authentication method specified in the preceding paragraph, we may deem that the user authenticated by said authentication method has used the Service himself/herself.
  4. Users shall strictly manage their Service IDs, etc. and shall not transfer, lend, pledge, or otherwise use their Service IDs, etc. to third parties. Users shall be responsible for any and all damages arising from inadequate management of Service IDs, etc., errors in use, or unauthorized use by third parties, and united shall not be liable for any such damages.
  5. In the event that a User discovers that their Service ID has been stolen or used by a third party, the User shall immediately notify the Company to that effect and follow instructions from the Company.

Article 5 (Application and Acceptance; Term of Use of the Service)

  1. If a subscriber wishes to use the Service, the subscriber shall agree to the Terms of Use and apply for the Service in the manner prescribed by the Company.
  2. The subscription agreement shall take effect on the first day of the usage period of the subscription agreement and shall remain in effect until the end of the usage period. The contract shall be terminated unless the user gives notice of extension before the expiration of the usage period.
  3. The user shall ensure that users set up by the contracted user comply with the terms of this agreement when using the service, and shall assume full responsibility for any violation of this agreement by the user.
  4. When registering as a user, the user shall register true and accurate information on all matters, and shall not register false, inaccurate, or misleading information. The Company may refuse to accept an application if it determines that any of the following items apply
    (1) When it is extremely difficult to provide the service requested by the applicant due to technical or other reasons
    (2) When the Company deems that the applicant for this Service has failed or is likely to fail to pay the fees for this Service or services provided by the Company, or fees and other obligations related to procedures.
    (3) When the Company deems that the applicant for the Service has committed or is likely to commit an act in violation of the Terms of Service
    (4) When false statements are made in the registration application
    (5) When the Service applicant does not respond by the date specified by the Company to a request from the Company to designate a service type, confirm or change the contents of the application
    (6) When a person who appears to be the same person as the user has already registered as a user
    (7) When a person who appears to be the same as the user has had his/her registration revoked
    (8) If the user is an anti-social force, etc. (meaning a crime syndicate, a member of a crime syndicate, a right-wing organization, or any other equivalent. The same shall apply hereinafter).If the Company determines that the User is an antisocial force, etc. (meaning a crime syndicate, crime syndicate member, right-wing group, or other similar group; the same shall apply hereinafter), or is involved in any interaction or involvement with antisocial forces, etc. such as cooperation or involvement in the maintenance, operation, or management of antisocial forces, etc. through financial provision or otherwise
  5. Even after the Company's approval, the Company may revoke the approval in Paragraph 2 if it becomes clear that any of the items in the preceding paragraph applies to the applicant.
  6. In the event that the Company does not accept the application, the Company shall notify the applicant to that effect.
  7. After the expiration of the validity period, the user shall return, dispose of, or otherwise dispose of any software, manuals, or other materials related to the Service provided by the Company in accordance with the Company's instructions.
  8. If there are any changes to the registration details, the user shall immediately change the registration details in the prescribed manner, and shall ensure that the registration details always reflect the user's latest status. The Company shall not be liable for any disadvantage to the user arising from the updating of the registration details.

Article 6 (Fees and Payment)

  1. The user shall pay the usage fee according to the usage plan selected in the contract exchanged with the Company at the time of application for use.
  2. The user shall pay the usage fees stipulated in this Article by wire transfer to a bank account separately designated by the Company. The user shall bear bank transfer fees and other expenses necessary for payment.
  3. In the event that the user does not fulfill the obligations based on the usage fee for this service or other usage contracts, etc. after the prescribed payment due date, the user shall pay the amount calculated at an interest rate of 6% per annum for the number of days from the day following the prescribed payment due date to the day preceding the payment due date, together with the fee for this service and other obligations, as interest for the delinquency, by the date designated by the Company. The User shall pay the amount of the overdue interest calculated at the rate of 6% per annum on the number of days from the next day of the designated payment date to the day before the payment date, together with the Service fee and other obligations, in a lump sum by the method designated by the Company.
  4. Any bank transfer fees or other expenses necessary for payment in accordance with the preceding paragraph shall be borne by the user.

Article 7 (Handling of Data)

  1. The Company shall handle data stored on the cloud used by the Company (hereinafter referred to as "Stored Data") and data generated and provided through the use of the Service. The Company shall not be liable for any data stored in the cloud used by the Company ("Stored Data") and data (including contents) generated, provided, or transmitted through the use of the Service. (hereinafter referred to as "Data Generated, etc.") In the event of loss, damage, or leakage of data (hereinafter referred to as "Stored Data") and data generated, provided, or transmitted through the use of the Service (including Content, hereinafter referred to as "Generated Data"), or use for any other reason other than the original purpose of use, the Company shall not be liable for any direct or indirect damages incurred by the User or a third party, regardless of the cause.
  2. The provisions of the preceding paragraph shall not apply in the event that the use is due to our company's willful misconduct or gross negligence.
  3. With regard to the data generated, etc., the Company shall not guarantee its contents, etc., and shall not be liable for any damages resulting therefrom.
  4. MUTOH HOLDINGS may check, copy, or duplicate stored data for the purpose of maintenance of facilities for restoration in the event of a breakdown or stoppage of MUTOH HOLDINGS' systems, or for the maintenance and operation of the Service.
  5. In addition to the discontinuation of the Service, the Company shall delete the stored data when there is a cancellation of the Agreement by the Company of the cancellation of the Agreement. In this case, the Company shall not be liable for any direct or indirect damages incurred by the user or a third party resulting from the deletion of the stored data.
  6. Users shall back up stored data and generated data at their own risk, and the Company shall not be liable for any failure of users to do so, nor shall the Company be liable for the method and results of such backups.
  7. The Company shall not restore erased stored data or generated data.

Article 8 (Prohibited Acts)

  1. In using the Service, Users shall not engage in any of the following acts
    (1) Infringe on the intellectual property rights, portrait rights, rights of privacy, honor, or any other rights or interests of the Company or any third party (including acts that directly or indirectly cause such infringement)
    (2) Acts of handling personal information as defined in Article 2, Paragraph 1 of the "Act on the Protection of Personal Information (Act No. 57 of 2003)".
    (3) Any act related to criminal acts or any act that is offensive to public order and morals.
    (4) Violation of laws, regulations, or internal rules of the Company or any industry organization to which the user belongs
    (5) Transmitting, sharing, or creating obscene information or information harmful to youth on the Services
    (6) Transmitting, sharing, or creating information regarding heterosexual relationships on the Services
    (7) Use of the Service by impersonating a third party.
    (8) Collecting personal information of a third party without the consent of the person concerned or by fraudulent means
    (9) Acts that may interfere with the Company's operation of the Service
    (10) Alter or modify the Services or Content, or perform reverse engineering such as decompiling, disassembling, etc. (mainly refers to analyzing the content and converting it into a human-readable form).
    (11) Failure to notify the Company of any changes in matters notified to the Company at the time of application for use or thereafter, in a manner prescribed by the Company.
    (12) Acts that may fall under any of the preceding items or similar acts.
    (13) Other acts that the Company deems inappropriate.
  2. If we determine that User Content falls under any of the items in the preceding paragraph, or is likely to fall under any of the items, we will not be liable for any damage caused by such User Content without prior notice to the user. In the event that the Company determines that User Content falls under or is likely to fall under any of the items of the preceding paragraph, the Company may delete or modify all or part of said information, or restrict the viewing thereof, without prior notice to the user. We shall not be liable for any damages incurred by the user based on the measures taken by us in accordance with this paragraph.
  3. The Company shall treat information obtained through the inspection in the preceding paragraph (excluding, however, information that falls under any of the following items) as confidential information. ) obtained through browsing as described in the preceding paragraph shall be treated as confidential information, and shall not be used for any purpose other than those described in the preceding paragraph, and shall not be disclosed or leaked to any third party. However, if required by law, or if there is an order, demand, or request by a court of law, government agency, or other public body, we may disclose confidential information to the extent necessary to comply with such order, demand, or request.
    (1) Information that was already in the public domain or already known to the Company at the time of the inspection in the preceding paragraph.
    (2) Information that has become public knowledge after the inspection described in the preceding paragraph for reasons not attributable to the Company.
    (3) The information was legally obtained from a third party authorized to provide or disclose the information without being obligated to maintain confidentiality.
    (4) Developed solely by the Company without any confidential information.

Article 9 (Functional Changes and Version Upgrades of the Service)

  1. The Company may discontinue all or part of the Service in the following cases
    (1) When maintenance, construction, or service provision of the facilities for providing the Service is unavoidable.
    (2) When it is necessary to protect the facilities for providing the Service from unauthorized access.
    (3) When a natural disaster, incident, or other emergency occurs or is likely to occur.
    (4) When this Service is not working properly and it is difficult to continue providing this Service.
    (5) When it becomes difficult to provide the Service due to legal requirements, etc.
  2. When the Company discontinues the use of the Service pursuant to the preceding paragraph, it will notify the User in advance. However, this shall not apply in case of emergency or unavoidable circumstances.
  3. In any of the following cases, the Company may suspend or discontinue use of the Service in whole or in part without prior notice to the user.
    (1) When the Company periodically or urgently inspects or repairs the computer system related to the Service.
    (2) In the event of an accidental shutdown of computers, communication lines, etc.
    (3) In the event of a force majeure such as fire, power outage, or natural disaster that renders the Service inoperable
    (4) In any other cases where the Company deems it necessary to suspend or discontinue the Service.
  4. The Company shall not be liable for any damages incurred by users based on measures taken by the Company in accordance with this Article.

Article 10 (Burden of Equipment, etc.)

  1. The preparation and maintenance of computers, software and other equipment, communication lines and other communication environment, etc. necessary for the provision of the Service shall be at the expense and responsibility of the User.
  2. Users shall, at their own expense and responsibility, take security measures such as the prevention of computer virus infection, unauthorized access, and information leakage, in accordance with their own environment for using the Service.
  3. Users shall recognize and agree in advance that the Company uses a third party cloud service for the Service and that User Contents are stored in the cloud. Users shall store and manage User Contents at their own responsibility, and this Company shall not be liable for any damage incurred by Users due to leakage, loss, etc. of User Contents, except in the case of willful misconduct or gross negligence on the part of this Company.

Article 11 (Attribution of Rights)

  1. All ownership and intellectual property rights related to the Service belong to the Company or the party that has licensed the Service to the Company, and the granting of a license to use the Service based on registration as set forth in this Agreement, except as expressly stated in this Agreement, shall not imply the transfer or licensing of intellectual property rights of the Company or the party that has licensed the Service to the Company. The license to use the Service based on the registration set forth in this Agreement does not imply the transfer or licensing of any intellectual property rights of the Company or any licensee thereof, except as expressly provided herein. Users shall not, for any reason, engage in any conduct that may infringe upon the intellectual property rights of the Company or any other party that has granted a license to the Company.
  2. Trademarks, logos, etc. posted by the Company on the Service shall not be construed as a transfer of or license to use such trademarks, logos, etc. to users or other third parties.
  3. All ownership and intellectual property rights in the User Contents shall belong to the Users, Users, or those who have granted licenses to them, and this Company shall not be liable for any User Contents.

Article 12 (Disclaimer of Warranty and Disclaimer of Liability)

  1. The Service is provided on an "AS IS" basis, and the Company makes no warranty of any kind regarding the Service, including but not limited to any warranty of fitness for a particular purpose, completeness, or continuity.
  2. We shall not be liable for any damage (including damage to telecommunications equipment, software, etc.) incurred by the user as a result of non-compliance with the contract for this service. (2) The Company shall not be liable for any damage (including damage to communications equipment, software, etc.) incurred by the user as a result of noncompliance with the Service Agreement.
  3. Any transactions, communications, disputes, etc. arising between users and other users, outsiders, or other third parties in relation to the Service shall be handled and resolved at the user's own risk, and the Company shall assume no responsibility for such matters.
  4. Except in cases of willful misconduct or negligence on the part of the Company, the Company shall not be liable for any compensation for damages incurred by users in connection with the Service.
  5. The extent of our liability to the user for damages in connection with the Service or the Usage Contract, etc. shall be limited to ordinary damages actually incurred by the user as a direct result of reasons attributable to us or our breach of the Usage Contract, etc., and the amount of damages shall not exceed the total monthly usage fee actually received by the user. The amount of compensation for damages shall not exceed the total amount of the monthly usage fees actually received by the user.
  6. In the event that a user causes damages to the Company due to a breach of the User Agreement or in connection with the use of the Service, the user shall compensate the Company for such damages.

Article 13 (Termination of this Agreement by the Company)

  1. A party to the Usage Contract may immediately terminate the Usage Contract prospectively by giving written notice to the other party, without requiring a notice. The party who terminates the Usage Contract based on this paragraph shall not be liable for compensation for damages incurred by the other party as a result of such termination.
    (1)When the Company deems that the user has committed or may commit an act in violation of these Terms of Use.
    (2)The payment has been suspended or the customer becomes insolvent, or a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or other similar proceedings has been filed.
    (3) When a bill or check drawn or accepted by the Bank is dishonored, or when the Bank is subject to a disposition of suspension of transactions by a clearing house or other similar action
    (4)When it receives a disposition for delinquent payment of taxes and public dues
    (5)When the company is dissolved (except in the case of a merger), When liquidation has commenced, When the company is dissolved (except in the case of a merger) or when all (including substantially all) of its business is transferred to a third party, When the company transfers all (including substantially all) of its business to a third party.
    (6) When it receives a disposition from a supervisory authority such as suspension of business or revocation of business license or business registration.
    (7)When there are reasonable grounds to believe that the assets or credit standing of the subscriber has deteriorated or is likely to deteriorate.
    (8)The User has used fraudulent, violent, or threatening language against the Company, either by himself/herself or by utilizing antisocial forces.
    (9) The user or an officer of the user falls under the category of a crime syndicate, a member of a crime syndicate, a company affiliated with a crime syndicate, a general meeting house, a social activity advocacy group, a special intelligence group, or their related persons (hereinafter collectively referred to as "Anti-Social Forces").
    (10) In addition to the preceding items, there are reasonable grounds to believe that there has been or may be a material change in assets, credit, or solvency.

Article 14 (Handling of Personal Information)

  1. In providing the Service, when entrusted by a User who has contracted with the Company, the Company shall handle the User's personal data within the scope of the entrusted affairs in order to provide the Service to the User appropriately and to improve the quality of the Service.The handling of personal data by the User shall be governed by the User's privacy policy.
  2. In providing the Service, the Company's handling of personal data acquired by the Company shall be governed by the privacy policy of the parent company of the Group (https://www.nttdata.com/global/en/privacy-statement) and the privacy policy of the Service (https://portal.coome.jp/education/en/policy.html).
  3. The user acknowledges that the Company may outsource all or part of the Service to third parties designated by the Company to the extent necessary for the Company to provide the Service.

Article 15 (Notification of Communication)

  1. Notification to users may be made by any of the following methods at the discretion of the Company
    (1) Notices shall be posted on the Company's Web site. In this case, the notice to the user shall be deemed to be completed when posted.
    (2) The Company will send an e-mail to the e-mail address the user provided to the Company at the time of application for use or thereafter. In this case, the notice to the user will be deemed to have been completed when the e-mail is sent to the user's e-mail address.
    (3) The notice will be sent by mail to the user's address that the user notified to the Company at the time of application for use or thereafter. In this case, the notice to the user shall be deemed to be completed when the mail reaches the user's address.
    (4) Other methods will be used as deemed appropriate by the Company. In this case, the notice to the user shall be deemed to be completed at the time specified by the Company in the notice.

Article 16 (Changes to these Terms of Use, etc.)

  1. The Company may change the contents of the Service, the Terms of Service, the Privacy Policy, and matters with individual users. In the event that the Company changes the contents of the Service, the Terms of Service, the Usage Plan Table, or special agreements with individual Users, the Company shall notify the Users of such changes, and in the event that the Users have used the Service after notification of such changes or have not notified the Company of their intention to terminate use of the Service within the period of time determined by the Company, the Users shall be deemed to have terminated their use of the Service. In the event that the user has not notified the Company of such changes, the user shall be deemed to have agreed to the changes in the contents of the Service, these Terms of Use, Privacy Policy, and special agreements with individual users.

Article 17 (Prohibition of Assignment)

  1. The parties to the Usage Contract shall not assign, grant security over, or otherwise dispose of their contractual status, rights or obligations under the Usage Contract to any third party without the prior written consent of the other party.

Article 18 (Entire Agreement)

  1. This Agreement constitutes the entire agreement between the Company and the User with respect to the matters contained herein, and supersedes all prior agreements, representations, and understandings, whether oral or written, between the Company and the User with respect to the matters set forth in this Agreement.

Article 19 (Severability)

  1. Even if any provision of these Terms and Conditions or portion thereof is determined to be invalid or unenforceable, the remaining provisions of these Terms and Conditions and the remaining portion of any default provision that is determined to be invalid or unenforceable in part shall remain in full force and effect, and the Company and the Subscriber may modify such invalid or unenforceable provision or portion to the extent necessary to make it lawful and enforceable. We and the Subscriber shall endeavor to modify such invalid or unenforceable provision or portion to the extent necessary to make it legal and enforceable, and to ensure that the intent, legal and economic effect of such invalid or unenforceable provision or portion is equivalent to the intent, legal and economic effect.

Article 20 (Survival Provisions)

  1. Article 3, Paragraph 3, Article 4, Paragraph 4, Article 5, Paragraph 3, Article 6 (limited to cases of nonpayment) The provisions of Article 7, Paragraphs 1, 3, 5, 6, Article 8, Paragraph 2, Article 9, Paragraph 4, Article 10, Paragraphs 1, 2, 3, Article 11, Article 12, Article 13, Paragraph 1, Article 14, Paragraphs 1 and 3, Articles 17 through 21 shall survive the termination of the Usage Contract.

Article 21 (Governing Law and Court of Jurisdiction)

  1. These Terms of Use shall be governed by and construed in accordance with the laws of Japan, and any dispute arising out of or relating to these Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.

Article 22 (Consultation and Settlement)

  1. If any matter is not stipulated in these Terms of Use or any question arises regarding the interpretation of these Terms of Use, the Company and the User shall promptly resolve such question through mutual consultation in accordance with the principle of good faith and faith.

* "Coome" is a registered trademark of NTT DATA NJK Corporation.

Date of change: July 4, 2024