Article 1 Scope

1. The purpose of the Terms of Use is to set forth the terms and conditions for the provision of the Service, and the Terms of Use shall be applied to all aspects of the relationship between the Users and Our Company in connection with the Service.
2. Any rules for use of the Service posted by Our Company on our website at ”https://robotatta.com” and “https://incubion.com/robotatta/” (hereinafter referred to as “Individual Terms”) shall constitute an integral part of the Terms of Use, regardless of its name.
3. If there is any conflict or inconsistency between the Terms of Use and Individual Terms or the contents of individual contracts between Our Company and the Users (hereinafter collectively referred to as “Individual Terms, etc.”), the Individual Terms, etc. shall prevail over this Terms of Use.

Article 2 Definitions

Article 3 Usage and Registration

1. By using the Service, the User is deemed to have agreed to all of the terms and conditions of the Terms of Use.
2. Users, regardless of whether they are the Registered User or not, may search for posted data on the Service and view it within the scope prescribed by Our Company.
3. A person wishing to use the Service as a Registered User may apply to Our Company for registration to use the Service by agreeing to comply herewith and providing certain information as specified by Our Company (hereinafter referred to as the “Registration Information”) in accordance with the manner as may be prescribed by Our Company. In addition, in order to become a Registered User who can use paid services among the Services, a separate written individual agreement must be exchanged with Our Company.
4. This service is intended for use by individuals (but only those 13 years of age or older) and corporations. Persons under 13 years of age are not eligible to use the Service.

Article 4 Change to Registration Information

Article 5 Password and User ID Management

1. The Registered User shall be responsible for keeping and maintaining its password and user ID for the Service in an appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
2. The Registered User shall be, and Our Company shall in no event be, liable for damages arising out of inappropriate management, misuse, or use by a third party of the Registered User’s password or user ID.

Article 6 Prohibited Actions

• contains violent or cruel content;
• contains computer viruses or other hazardous computer programs;
• contains content that damages the reputation or the credit of Our Company, other Users or other third parties;
• contains indecent content;
• contains content that encourages discrimination;
• contains content that encourages suicide or self-mutilation;
• contains content that encourages drug abuse;
• contains antisocial content;
• contains content that causes uncomfortable feelings to third parties;
• contains false content;
• contains content that raises privacy or personal data protection concerns which includes personally identifiable information (name, address, telephone number, vehicle license plate number, etc.) or other information
• contains content that is incompatible with the purpose of this service, such as the following
  • (information for the sole purpose of short-term sales promotion, e.g., time-limited campaign announcements)
  • (content and other information that is not an example of the use of robots, including contents such as videos of the process from unpacking the robot to starting it up, videos commentary on the instruction manual, etc. ); or
• any other content that violates our posting guidelines

Article 7 Suspension of Service

Article 8 Ownership of Rights

1. Any and all IP Rights related to our website and the Service are expressly reserved by Our Company or its licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights related to our website and the Service owned by Our Company or its licensor.
2. The User hereby represents and warrants to Our Company that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data so posted or transmitted does not infringe any third party’s rights.
3. Our Company may check the User’s Posted Data before or after it is reflected on the Service, and may reserve the right to make changes, deletions, or other modifications to the extent necessary for the smooth provision of the Service, the construction, improvement, and maintenance of the system, etc.
4. The User hereby grants to Our Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferrable license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data.
5. The User hereby agrees not to exercise moral rights against Our Company or any other person to which Our Company has transferred or granted the relevant rights.

Article 9 Registration Cancellation

1. If any of the following events arises in relation to theUser, Our Company may, without prior notice or demand, (i) delete, or suspend the display of, the Posted Data, (ii) temporarily suspend the use by the User of the Service, or (iii) cancel the Registered User’s registration as such:

2. In any of the events set forth in Items of the preceding Paragraph, all amounts owed to Our Company by the User shall automatically become due and payable, and the User shall immediately pay to Our Company such amounts in full.

Article 10      Withdrawal

1. The Registered User may withdraw from the Service and cancel its registration as a Registered User by completing the procedure as specified by Our Company.
2. Upon withdrawal from the Service, any and all debt of the User to Our Company, if any, shall automatically become due and payable, and the User shall immediately pay to Our Company such debts in full.
3. Treatment of user information after the withdrawal from the Service shall be subject to the provisions of Article 14.

Article 11      Modification and Termination of Service

1. Our Company shall be entitled to at any time modify or terminate the Service in its own discretion.
2. Our Company shall notify in advance the Users by posting on Our Company’s website or by other appropriate means of any intended termination by Our Company of the Service.

Article 12            Disclaimer and Waiver of Warranties

1. Although Our Company always take reasonable measures to provide accurate and useful content for the benefit of the User, Our Company does not guarantee that the authenticity or currency of any information posted by the Users on the Service. The User is solely responsible for viewing and using the information, Our Company shall not be liable for any disadvantage to the User arising from or related to such actions (except in the case of willful or gross negligence on Our Company’s part or in the case that the User is a consumer under the Consumer Contract Act of Japan).
2. Our Company shall not be liable for any damages incurred by the Users in connection with the Service (except in the case of willful or gross negligence on Our Company’s part or in the case that the User is a consumer under the Consumer Contract Act of Japan).
3. Any transactions, communications and disputes arising between the User and other Users or a third party in connection with the Service or our website shall be addressed and resolved by the User at its responsibility.

Article 13            Confidentiality

Article 14            Treatment of User Information

1. Treatment by Our Company of the User’s information shall be subject to the provisions of Our Company’s Privacy Policy　（https://incubion.com/robotatta/privacy-policy/）, which is separately prescribed, and the User hereby agrees to treatment by Our Company of the User’s information pursuant to such Privacy Policy.
2. Our Company may, in its sole discretion, use or make public any information or data provided by the User to Our Company as statistical information in a form that cannot identify an individual, and the User may not raise any objection to such use or publication.

Article 15            Amendment

Article 16            Notice

1. Any communications or notices from the User to Our Company, including but not limited to inquiries with respect to the Service, and any communications or notices from Our Company to User, including but not limited to notices concerning any amendment to the Terms of Use shall be made in accordance with the procedures specified by Our Company.
2. Any communication or notice made by Our Company that is addressed to the e-mail address included in the Registration Information of a Registered User shall be deemed to be received by Registered User.

Article17             Assignment

1.  User shall not assign, transfer, grant security interests on or otherwise dispose of the service agreement between Our Company and the User under the Terms of Use or its rights or obligations under the Terms of Use without the prior written consent of Our Company.
2. In cases where Our Company transfers the business regarding the Service to a third party, Our Company may, as part of such transfer, assign to the third party the service agreement between Our Company and the Users under the Terms of Use, the rights and obligations of Our Company under the Terms of Use, and the Registration Information and other information relating to the User, and the User hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a company split or any other form that would result in a business transfer.

Article 18            Severability

Article 19            Governing Law and Jurisdiction

1. The Terms of Use and any Individual Terms, etc. shall be governed by and construed in accordance with the laws of Japan.
2. Any and all disputes arising out of or in connection with the Terms of Use or the Individual Terms, etc. shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.