Prompie

Terms of Use

These Terms of Use (hereinafter referred to as the "Terms") constitute a contract for service use that applies to users of the service provided by Hazumi Inc. (hereinafter referred to as the "Company") under the service name "Prompie" (hereinafter referred to as the "Service").

1. Definitions

  1. In these Terms, the following terms shall have the respective meanings:
    1. Service Agreement: The agreement concluded between the Company and the User based on these Terms regarding the provision of the Service.
    2. Individual Regulations: Any rules, etc., and various provisions established by the Company in addition to these Terms for the use of the Service. Regardless of their names, Individual Regulations shall constitute part of the Service Agreement.
    3. User: An individual who receives the Service based on the Service Agreement concluded with the Company. This refers to all those who use the Service, regardless of whether they have registered as a member.
    4. Member: A User who uses the Service by completing the membership registration procedure pursuant to Article 4, Paragraph 2.
    5. Input Data, etc.: Any information entered by the User into the Service and transmitted to the Service or the Company (including but not limited to information entered during member registration, data uploaded to the Service, etc.).
    6. Personal Information: Information related to an individual User that can identify the User by name, email address, or other descriptions that constitute such information.
    7. Presented Information: Information presented by the Service through summarization, suggestion, organization, extraction, etc., based on the Input Data of a single User or multiple Users.
    8. Intellectual Property Rights: In these Terms, "Intellectual Property Rights" shall mean the following:
      ① Patent rights, utility model rights, breeder's rights, design rights, copyrights (including rights defined in Articles 27 and 28 of the Copyright Act), trademark rights, and other rights established by law concerning intellectual property in Japan
      ② Rights to obtain patents, utility model registrations, design registrations, rights arising from trademark registration applications, and other rights or positions to receive rights related to intellectual property in Japan
      ③ Rights to interests protected by laws such as know-how, unfair competition prevention law, and others in Japan besides ① and ②
      ④ Rights or positions outside Japan equivalent to ① through ③
  2. In these Terms, with regard to the Service, even if a User is not actually using the Service, if they are registered as a member of the Service, they shall be deemed to be using the Service.

2. Application of These Terms

  1. These Terms aim to stipulate the conditions for providing the Service and the rights and obligations relationship between the User and the Company regarding the use of the Service, and shall apply to all relationships related to the use of the Service between the User and the Company.
  2. The Company shall provide the Service in accordance with the contents of the Service Agreement, and the User shall use it under the conditions set forth in the Service Agreement and other conditions established by the Company. The User's use of the Service shall be deemed to have agreed to the conclusion of the Service Agreement (including compliance with these Terms).
  3. In the event that the provisions of these Terms conflict with the provisions of Individual Regulations, the Individual Regulations shall prevail. However, in the event of a conflict or contradiction between the Company's Privacy Policy and other agreements (including Individual Regulations other than these Terms and the Privacy Policy), the Company's Privacy Policy shall prevail.

3. Changes to These Terms

  1. The Company may change the contents of these Terms and other contents of the Service Agreement from time to time without the prior consent of the User. After the contents of the Service Agreement are changed, the new contents of the Service Agreement after the change shall apply to all Users. The Company shall not be liable for any damages incurred by the User due to the revision or change of the Service Agreement, except in cases attributable to the Company's intention or gross negligence.
  2. The contents of the Service Agreement after the change shall take effect from the time they are displayed online, unless otherwise specified by the Company.
  3. In the event that the User does not agree with the changed contents of these Terms, etc., the User shall cease to use the Service, and if the User continues to use the Service after the contents of these Terms, etc. have been changed, the User shall be deemed to have agreed to the changed contents of these Terms, etc.

4. Member Registration

  1. There may be cases where the service provided by the Company differs between Members and Users who have not registered as Members. The contents of the services provided shall be determined at the discretion of the Company and may be changed from time to time.
  2. A User who wishes to register as a Member (hereinafter referred to as an "Applicant") shall, after agreeing to the contents of these Terms, carry out the member registration procedure by themselves in the manner specified by the Company. When the Company approves the Applicant's membership registration through the Company's prescribed procedure and grants an account to the Applicant, it shall be deemed that the Company has accepted the Applicant as a Member.
  3. The Applicant shall enter the prescribed matters required by the Service (hereinafter referred to as "Registration Information") into the Service during member registration. The Applicant may be required to verify their identity for member registration.
  4. Notwithstanding the preceding two paragraphs, the Company may not approve the Applicant's member registration or may reserve approval in the following cases. In the case of non-approval (including reservation of approval), the Company shall not be obligated to disclose the reason.
    1. When the Applicant does not exist, or when trying to register as a member through operations or procedures by someone other than the Applicant.
    2. When the Applicant is a minor and has not obtained the consent of a legal representative to use the Service and conclude the Service Agreement.
    3. When the Registration Information that the Company requires the Applicant to provide for member registration is false or incomplete.
    4. When the Applicant has improperly used or attempted to improperly use the Service in the past.
    5. When the Company determines that the Applicant is a person who has violated these Terms or other contracts with the Company in the past, or is related to such a person.
    6. When the Company determines that the purpose of using the Service is different from the purpose assumed or permitted by the Company, such as evaluation or analysis.
    7. When the Company determines that the Applicant provides, operates, creates, or plans a service similar to or competing with the Service.
    8. When the Company determines that the Applicant is an antisocial force (referring to organized crime groups, members of organized crime groups, etc.; the same shall apply hereinafter), or cooperates or is involved in the maintenance, operation, or management of antisocial forces, or has any kind of exchange or involvement with antisocial forces.
    9. When the Applicant is already a Member.
    10. When the Company determines that the Applicant has been a Member in the past and has violated the Terms of Use at that time.
    11. When the Applicant has been a Member in the past and has received measures as stipulated in Article 19 (cancellation of member registration, etc.).
    12. When the Applicant has violated a past contract (not limited to the Service Agreement) or agreement with the Company.
    13. When it is suspected that the Applicant meets any of the requirements in the preceding items.
    14. In other cases where the Company deems it inappropriate.
  5. The Company shall not be liable for any damages incurred by the Applicant as a result of the Company not approving the application for member registration or reserving approval.
  6. Notification or communication between the Member and the Company shall, unless otherwise specified by the Company, be conducted by electronic mail to the email address registered by the Member during member registration or by notification/communication means implemented in the Service. The Company shall regard the currently registered email address as valid unless the registration of a change in Registration Information is made by the Member in the manner specified by the Company, and shall send notifications or communications to that email address, which shall be deemed to have reached the Member at the time of transmission.
  7. In the event of a change in the Registration Information of a Member, the Member shall be obligated to promptly modify the Registration Information. In the event that the Registration Information has changed but the Registration Information has not been appropriately modified, the Company may treat the Member as if there had been no change in the Registration Information.

5. Provision of the Service

The Company shall provide an environment where the Service can be used by connecting from terminal devices (such as computers, smartphones, etc.; hereinafter referred to as "Terminal Devices") managed by the User to the Company's designated server via telecommunication lines under the conditions specified by the Company. Terminal Devices shall be obtained and managed by the User at their own responsibility, and the Company shall not be responsible for them.

6. Usage Restrictions, User Responsibilities and Obligations

  1. The Service is provided for the purpose of being used by the User themselves, and the User shall not provide, transfer, or allow others to use (including sharing with third parties) their own account in the Service, regardless of whether it is for a fee or free of charge.
  2. The User represents and warrants that the following facts are accurate and true:
    1. That their Registration Information is maintained in an accurate and up-to-date condition.
    2. That they do not and will not belong to antisocial forces, or cooperate or be involved in the maintenance, operation, or management of antisocial forces, or have any kind of exchange or involvement with antisocial forces.
    3. That they will not, by themselves or through a third party, make violent or unreasonable demands, threatening remarks or use violence, spread rumors, use fraudulent means or force to damage credibility or obstruct business, or conduct similar acts against other Users, other persons, or the Company.
    4. That they have legitimate rights to input, transmit, or upload Input Data, etc. to the Service or the Company, and that the act of inputting, transmitting, or uploading Input Data, etc. does not infringe on the rights of third parties.
    5. That they have legitimate authority to grant the Company the designated rights stipulated in the Service Agreement (including the rights granted in Article 15, Paragraph 2 of these Terms) regarding the Input Data, etc. that they input, transmit, or upload to the Service or the Company.
    6. That they will respond promptly when there are inquiries from the Company.
    7. That they agree to and will comply with these Terms and Individual Regulations.

7. Changes to the Service

The Company may add, change, or delete parts of the Service at its discretion based on purposes such as adding functions, improving, complying with laws and regulations, or other purposes. However, the Company does not guarantee that all functions and performance of the Service prior to such additions, changes, or deletions will be maintained.

8. Management of Authentication Information

  1. Members shall appropriately manage and store at their own responsibility the email address registered during member registration and other authentication information (hereinafter referred to as "Authentication Information," including authentication information for services operated by entities other than the operators that are linked with the Service). Members shall not disclose, lend, transfer, etc., the right to use Authentication Information to third parties under any circumstances, nor shall they receive disclosure, loans, transfers, etc., from third parties.
  2. Registration and use of services operated by entities other than the operators (hereinafter referred to as "External Services") that Members use as Authentication Information for member registration of the Service shall be carried out at the Member's own responsibility in accordance with the provisions of each regulation stipulated by the External Service.
  3. A Member shall possess one account per person, and one person shall not possess or use multiple accounts, nor shall multiple persons jointly possess or use one account.
  4. The Company shall not be liable for damages incurred by the User due to unauthorized use of accounts or Authentication Information. The Company may deem all usage actions of the Service to be attributable to the User.
  5. If account information (such as email addresses) is leaked to a third party or there is a possibility of such leakage, the User shall promptly contact the Company. The User shall follow the Company's instructions if there are any. The same applies if the User has forgotten their account information.
  6. If a User improperly uses a third party's account information (including but not limited to impersonating another User) or uses multiple accounts (including but not limited to behaving as if they are a different person when they are the same person), and causes damage to the third party or the Company, the User shall compensate the third party or the Company for the damages caused by such improper use.

9. Telecommunication Lines

The telecommunication lines connecting from the Terminal Device used by the User to the Service shall be secured and maintained at the User's own responsibility and expense, and the Company shall not be responsible for them.

10. Data Management and Deletion of Input Data, etc.

  1. The User acknowledges that the Company has no obligation to store Input Data, etc., and Presented Information, and shall preserve necessary information at their own responsibility.
  2. Input Data, etc., or Presented Information may be deleted through operations by the User who created the data, cancellation of the member registration of the User who created the data, etc.
  3. The Company may, without prior notice to the User, delete Input Data, etc., and other Input Data, etc., and Presented Information related to it from the Service if the Company determines that the Input Data, etc., violates the Service Agreement or if the Company otherwise deems it inappropriate.

11. Management, Use, and Transmission of Information by the Company

  1. The Company's handling of User information shall be governed by the Company's Privacy Policy, and the User agrees that the Company will handle the User's information in accordance with this Privacy Policy.
  2. The Company shall use User information, User's usage status of the Service, frequency of use of screens and items, etc., and Input Data, etc., for the purpose of improving the Service, statistical surveys for service maintenance and management, and promotions such as recommendations, and shall analyze and utilize this information through methods such as statistical processing and machine learning, and the User agrees to such use and secondary processing and utilization.
  3. The User acknowledges and agrees that the Company may disclose or submit information (including Input Data, etc., and Presented Information) in accordance with orders, etc., from courts or other legally authorized government offices that require disclosure or submission of information related to the Service.
  4. The Company may ask Users to cooperate with various questionnaires, etc. (hereinafter referred to as "Questionnaires"). Users shall endeavor to respond honestly to Questionnaires.
  5. Users shall disclose to the Company, to the extent not contrary to law, all matters requested by the Company (including but not limited to written and oral negotiations) regarding complaints, claims, and lawsuits that arise in connection with the use of the Service between the Company, between Users, or with third parties.
  6. The Company shall not be responsible if individuals or organizations other than the Company cause incidents such as information leakage related to Input Data, etc., or Presented Information, as described in the preceding paragraph.
  7. The Company may perform the following actions as actions towards or related to Users:
    1. Distribute advertisements and notifications related or unrelated to the Service through means such as electronic mail, pop-up notifications inside and outside the Service.

12. Consideration for the Service

  1. Users who are required to pay money for the use of the Service based on the Service Agreement shall pay the service fee and consumption tax, etc. (hereinafter referred to as "Usage Fees, etc.") for the Service in the manner agreed upon with the Company, in accordance with the provisions of the Individual Regulations agreed upon by the User.
  2. Even if a situation arises where the Service cannot be used due to suspension, cessation, or other reasons for the provision of the Service during the contract period of the Service Agreement, the contractor shall pay the Usage Fees, etc. during the contract period.
  3. Even if the contract is terminated (regardless of the cause of termination), there shall be no reduction or refund of the Usage Fees, etc. that have been determined to be payable or have been paid. For example, if Usage Fees, etc. for one year of use of the Service are paid by the User to the Company, and subsequently the User cancels their member registration and terminates the use of the Service before the expiration of that year, no refund of the paid Usage Fees, etc. shall be made.
  4. In the event that a User is required to pay money for the use of the Service based on the Service Agreement and the User does not pay the Usage Fees, etc. for the Service after the specified payment due date, the User shall pay a late payment charge calculated at an annual rate of 14.6% for the number of days from the day following the specified payment due date to the day before the payment date.

13. Transfer and Outsourcing of the Service

  1. The Company may transfer the business related to the Service to a third party and may transfer all or part of the rights and obligations based on the Service Agreement to a third party in connection with such business transfer.
  2. The Company may outsource all or part of the operations related to the provision of the Service to a third party without the consent of the User.
  3. In connection with the transfer or outsourcing in the preceding two paragraphs, there may be cases where third parties are allowed to access or transfer Input Data, etc.

14. Prohibited Actions

  1. Users shall not engage in the following actions when using the Service or in relation to the Service:

    1. Actions that violate laws and regulations or are likely to do so.
    2. Actions that violate public order and morals or are likely to do so, such as fraudulent acts, encouraging or inducing drug abuse, aiding or abetting suicide or incidents, etc.
    3. Political activities or religious activities, or actions that lead to them.
    4. Actions that discriminate against, defame, libel, invade the privacy of, leak personal information of, leak confidential information of, or physically or mentally harm individuals, companies, organizations, or other third parties (including but not limited to other Users), or actions that are likely to do so, or sending, uploading, or posting information or data that may contain such risks to or through the Service.
    5. Actions that interfere with other Users' use of the Service or are likely to do so.
    6. Using the Service for commercial purposes.
    7. Unauthorized access, scraping, cracking, or actions that cause trouble to equipment, etc., that the Company owns, manages, uses, or is related to.
    8. Actions that place an excessive burden on the Service's server beyond the normal range, or actions that the Company determines may cause trouble to the operation, network, or system, etc., of the Service, such as unauthorized access.
    9. Actions that the Company determines may be directly or indirectly significantly disadvantageous to the Service, Users of the Service, or the Company, or actions that are likely to be so.
    10. Actions that place excessive load on the network or system, etc., of the Service.
    11. Actions that interfere with the provision of the Service or are likely to do so.
    12. Analyzing the software constituting the Service or the communication content related to the Service, reverse engineering, or any other actions attempting to obtain the source code.
    13. Using another person's account or Authentication Information or attempting to obtain it.
    14. Allowing others to use one's own or a third party's account or Authentication Information (including allowing others to conduct transactions on one's behalf using one's own account or Authentication Information).
    15. Viewing, changing, or tampering with another User's non-public data, or actions that are likely to do so.
    16. Making violent or unreasonable demands, spreading rumors, using fraudulent means or force to damage credibility or obstruct business, or conducting similar acts against other Users, other persons, or the Company, by oneself or through a third party.
    17. Impersonating a third party or other actions that cause trouble to third parties.
    18. Providing benefits to antisocial forces.
    19. Posting or sending information containing the following content or information that the Company determines to fall under these categories to the Service, the Company, or other third parties through the Service:
      (a) Sexual content.
      (b) Violent or cruel content.
      (c) Discriminatory or offensive content.
      (d) Criminal content or content that encourages crime.
      (e) Bullying content or content that encourages bullying.
      (f) Spam or content that leads to spam sites.
      (g) Content that infringes on the rights of others.
      (h) Content that violates public order and morals.
      (i) Content that the Company determines to be inappropriate.
    20. Any other actions that violate these Terms or Individual Regulations, actions that contradict matters stated or guaranteed in relation to the Service, actions that go against the purpose or objectives of the Service, or actions that are likely to do so.
    21. Actions that directly or indirectly induce or facilitate any of the above actions.
    22. Attempting any of the above actions.
    23. Any other actions that the Company determines to be inappropriate.

15. Attribution and Use of Intellectual Property Rights, etc.

  1. Intellectual Property Rights and other rights related to tangible and intangible components constituting the Service (including but not limited to software programs, databases, content, designs, icons, images, text, manuals, and other related documents) belong to the Company or to third parties who have licensed these rights to the Company.
  2. With respect to Input Data, etc., that has been input, transmitted, or uploaded by the User in the process of using the Service, the User shall be deemed to have granted to the Company, or to a person designated by the Company, the right (including the right to sublicense) to freely use (including reproduction, publication, transmission, distribution, transfer, lending, translation, adaptation) the content without any restriction, free of charge, non-exclusively, within and outside Japan until the expiration of the term of all rights, including copyright and other rights related to such data, and the User agrees to this in advance. The User shall not exercise their moral rights as an author against the Company and persons designated by the Company, even if they possess such rights for the data.

16. Principle of Self-Responsibility, Damages

  1. The User shall be responsible for all actions within the Service and the use of the Service (including the input, disclosure, publication, sharing, etc., of Input Data, etc.) and the results thereof.
  2. If the User causes damage to a third party or receives a claim, etc., from a third party in connection with the use of the Service due to reasons attributable to the User, the User shall handle and resolve it at their own responsibility and expense.
  3. If the User causes damage to the Company through their intention or negligence (including but not limited to violation of the Service Agreement; the same applies hereinafter in this Article), the User shall compensate the Company for such damage (including attorney's fees).
  4. If a dispute arises due to the intention or negligence of a User, and the Company makes a monetary payment to another User or a third party (including but not limited to damages based on a court judgment, settlement money based on the Company's reasonable judgment, and other similar monies), the Company may claim all costs related to the dispute (including compensation, litigation costs, and attorney's fees) from the User who created the cause of the dispute.

17. Limitation of Warranty, Disclaimer

  1. The Company shall not be liable for any damages incurred by the User as a result of using the Service.
  2. The Company does not guarantee the validity, authenticity, or other matters of the summarization, suggestion, organization, extraction, etc., of information provided by the Service. The User acknowledges that the Company does not provide any warranty regarding the content of information provided in the Service and shall use it at their own responsibility.
  3. The Company does not guarantee the validity, authenticity, or other matters of information provided by other Users in the Service.
  4. Regarding information and services provided by the Company to the User, the Company shall not bear any obligation to investigate the completeness, accuracy, usefulness, and purposefulness of these, and shall not provide any warranty. Furthermore, even if damages (including physical, mental, and property damages) occur to the User due to the provided information, the Company shall not be liable, except in cases where the Company has intention or gross negligence.
  5. The Company does not guarantee that the software constituting the Service is free from bugs or other defects, that the information provided by the Service is accurate or appropriate, or that the Service meets the User's specific purpose of use. Furthermore, the Company does not guarantee the normal operation of the Service when other software, etc., is used or used in conjunction with Terminal Devices.
  6. The Company shall not be liable for any damages caused by the inability to use the Service due to malfunctions, errors, failures, etc., that occur in the Service.
  7. The Company shall not be responsible for any disputes between Users or between a User and a third party who is not a User, and such disputes shall be resolved between the parties concerned. If the Company suffers damage due to such disputes, the parties shall jointly and severally compensate for such damage. If a User causes damage to another User or other third party in connection with the use of the Service, the User shall resolve it at their own responsibility and expense, and the Company shall not be responsible.
  8. Even if the Company bears liability for damages to the User, the scope of liability shall be limited to the scope of direct and actual damages incurred by the User, and the Company shall not be liable for any damages caused by the User's loss of opportunity, lost profits, loss or damage of data inside or outside the Service, or failure of equipment or facilities, regardless of whether the claim is based on contractual liability, tort liability, or any other cause.
  9. Notwithstanding other provisions in these Terms, even if the Company bears liability for damages to the User, the upper limit of damages that the Company shall be liable to pay to the User shall be the lesser of the total cumulative amount of the Service usage fees actually paid by the User to the Company over the past year or 10,000 yen. However, the upper limit of damages shall not apply to damages caused by the Company's intention or gross negligence.

18. Interruption, etc., of the Service Provision

  1. The Company may change the content of the Service or suspend or cease the provision of the Service at any time without prior notice if the Company deems it necessary.
  2. The Company shall not be responsible for any disadvantage or damage caused to the User due to the change of the Service content or the suspension or cessation of the Service provision.

19. Termination by the Company

  1. The Company may freeze or cancel member registration, delete and change data input or created through the Service, suspend the use of all or part of the Service, deny access to the Service, or take other measures deemed necessary, without notice to the User, if the Company determines that the User falls under any of the following items:
    1. When the User has engaged in actions that disrupt the Company's business.
    2. When it is discovered that the User's registration information for the Service is false, insufficient, or inaccurate, regardless of whether it is intentional or negligent.
    3. When there is no response for a certain period to communication from the Company to the User.
    4. When there has been no use of the Service within the period specified by the Company.
    5. When the User fails or is likely to fail to fulfill obligations based on the Service Agreement.
    6. When the User's property is subject to seizure, provisional seizure, provisional disposition, tax delinquency disposition, or other disposition by public authority, or when a petition for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation proceedings is filed.
    7. When the User violates the Service Agreement (including cases where the User violates matters stated or guaranteed in relation to these Terms).
    8. When the User violates a contract (not limited to the Service Agreement) or agreement with the Company.
    9. In other cases where the Company determines the User to be inappropriate as a user of the Service.
  2. The Company shall not be responsible for any disadvantage or damage (except those caused by the Company's intention or gross negligence) caused to the User by the measures in the preceding paragraph.

20. Termination by the User

  1. A Member may cancel their member registration by following the Company's specified registration cancellation procedure.
  2. The Company cannot respond to requests for data recovery, etc., after member registration cancellation, so please proceed with caution.
  3. The Company shall not be responsible for any disadvantage or damage caused to the User by the measures in this Article, except in cases attributable to the Company's intention or gross negligence.

21. Post-Contract Treatment

Even after the Service Agreement is terminated (regardless of the reason), Articles 2, 3 Paragraph 1, 6, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18 Paragraph 2, 19 Paragraph 2, 20 Paragraph 3, this Article, and Articles 22, 23, 24, and 25 of these Terms shall remain in effect.

22. Prohibition of Transfer of Rights and Obligations

The User shall not transfer, inherit, provide security, or otherwise dispose of all or part of the contractual position in the Service Agreement, or rights and obligations based on the Service Agreement, to a third party without the prior written consent of the Company.

23. Force Majeure

The Company shall not be responsible for any damage caused to the User by force majeure such as natural disasters, enactment or amendment of laws and regulations, or other unavoidable circumstances that hinder the performance of the Service, regardless of all provisions of the Service Agreement or other provisions.

24. Jurisdiction, etc.

  1. If there are matters related to the Service Agreement not stipulated in these Terms or if there is ambiguity in the interpretation of the Service Agreement, the Company and the User shall resolve it in good faith. The governing law of the Service Agreement shall be Japanese law, and the Service Agreement shall be interpreted accordingly. If litigation becomes necessary between the User and the Company, the Tokyo District Court shall be the exclusive court of first instance.
  2. Even if a translation in a language other than Japanese is created for reference regarding the Service Agreement, only the Japanese version shall be effective as a contract or agreement.

25. Severability

Even if any provision of these Terms or part thereof is determined to be invalid by laws and regulations, etc., the parts other than the part determined to be invalid shall continue to remain valid.


Established on April 1, 2025