Terms of Use｜Package Design AI

Article 1 : General Provisions: This Agreement is a service (hereinafter, "this Service") provided through the website "Package Design Favorability Prediction AI System" owned and operated by Plug Inc. (hereinafter, the "Company"). The purpose of this agreement is to establish the rights and obligations between the applicable individual (hereinafter, the "Member") whose registration has been approved by the Company.

Article 2 : Scope of Application and Changes to these Terms: 1. These Terms shall apply to the Company and Members (as defined in Article 4) regarding the provision and use of the Service.; 2. The Company reserves the right to change these Terms without the prior consent of the Member.

Article 3 : Use of this Service: Members shall use the Service in accordance with these Terms of Service and the User's Guide separately determined by the Company.

Article 4 : Membership: "Member" refers to a person who has registered (hereinafter, "membership registration") to use the Service or to purchase the Company's products in accordance with Article 5 and who has agreed to use the Service. This also applies to those who have registered as a member of the Service, whereby it is deemed that the member has agreed to these Terms and Conditions.

Article 5 : Membership Qualifications: 1. The company-specified membership qualifications shall be issued when all enrollment procedures are completed after accepting these Terms of Service.; 2. Notwithstanding the provisions of the preceding paragraph, the Company reserves the right to revoke membership if it determines that a member's membership was inappropriate in accordance with the Terms of Use or other regulations.

Article 6 : ID and Password Management: 1. After registration, Members shall use the ID and password the Company or the Member registered when using this Site.; 2. The Member shall be fully responsible for the management and use of their own IDs and passwords. We recommend that you change your password regularly.; 3. The Member shall not transfer, sell, lend, or otherwise engage in similar actions with the IDs and passwords prescribed in the preceding article.; 4. The Company shall not be liable for any damages incurred in connection with the use, and management of the ID and password specified in the preceding article by the Member or a third party, regardless of whether or not there was intentional negligence in such use or management.; 5. The Company has adopted an account lock system as a countermeasure against unauthorized access. You will no longer be able to use your ID and password after 10 consecutive login attempts.

Article 7 : Member Registration Information: 1. Members shall not make any false statements regarding any and all items of the registration information that they declare at the time of membership registration (hereinafter, "Registration Information").; 2. Members must update their Registration Information within the Company's specified post-registration deadline.

Article 8 : Management of Registration Information: The Company will take responsibility for making preventive and safety measures to prevent falsification, leakage, and unauthorized access to information when managing member information.

Article 9 : Handling Personal Information: 1. Registered personal information will be used to manage user information, conduct regular communications, process purchases and shipments, and handle accounting in accordance with the Company's privacy policy. It may also be used to distribute or contact the Member regarding updates to this Service's information. Registered personal information may also be entrusted to subcontractors within the scope of implementation of the purpose of use. The information will not be used for any other purpose or provided to any third party.; 2. For inquiries about personal information protection policy and handling of personal information, please get in touch with Personal Information Protection Manager, Naomi Murakawa.; +81-3-5577-7810; privacy＠plug-inc.jp

Article 10 : Confidentiality

The Company will be responsible for maintaining the confidentiality of the following matters to protect sensitive information, such as data held by members who use the Service. The item stated in 1 will be automatically deleted at the end of each month, buy may be deleted immediately upon the Member's request. The following items will be handled in accordance with Article 13 Membership Cancellation, with the exception of item 1 below.

1. All uploaded images and heatmap images
2. All result data
3. Information such as account and login history
4. Other sets of data related to this service

Article 11 : Prohibited Acts

The Member must not engage in any of the following acts, or any acts that may result in such. The Company reserves the right to suspend or withdraw the membership and take other necessary measures if the Company recognizes that a member has violated any of the prohibited items.

1. Acts that violate public order and morals
2. Acts that violate laws, these Terms and other regulations established by the Company
3. Acts that slander or libel the Company, other members, or third parties
4. Unauthorized use of IDs or passwords or acts to cause the use thereof.
5. Acts intended to cause loss or damage to the Company, other members, or third parties
6. Sending or writing harmful computer programs
7. Falsifying information made available through this site.
8. Acts that interfere with the operation of this service
9. Falsifying registration
10. Business activities related to the Service that the Company has not approved, or activities that constitute as such.
11. Other acts deemed inappropriate by the Company.

Article 12 : Change of Registered Contents: If there is a change in the content declared at the time of membership registration, the member shall promptly notify the change by the method designated by the Company.

Article 13 : Membership Cancellation: 1. The Member shall notify the Company if they wish to cancel their membership registration.; 2. The Company will delete the ID and password in the event of a request to cancel membership registration. After the deletion procedure, the Member will not be able to view information such as history.; 3. The Company may retain member information for a certain period of time, even after member registration is cancelled.

Article 14 : Membership Cancellation

1. The Company reserves the right to cancel the membership and all or part of the contract without prior notice if the member's conduct falls under any of the following.

2. The cancellation stipulated in the preceding paragraph shall not preclude damage claims made against the other party.

3. The Company will terminate all rights that a Member has on the Site should their membership be canceled.

1. In the event of unauthorized use of a member's ID or password.
2. In the event of suspension or revocation of a business license by the regulatory authorities.
3. When taxes or public dues have been overdue.
4. When an issued bill or check bounces, or when a bank transaction is suspended.
5. In the event that the Member becomes subject to provisional seizure, seizure, provisional measures, foreclosure, compulsory auction, or other similar actions.
6. If the Member files or receives a petition for bankruptcy, civil rehabilitation, or corporate reorganization.
7. When a resolution is passed to suspend or abolish the business, dissolution of the company, or when liquidation proceedings are initiated.
8. When there is a significant organizational change such as a merger or transfer of business.
9. In the event of a significant delay or inability to perform the commissioned work due to reasons attributable to either the Company or the Member.
10. When other compelling circumstances impede the continuation of the transaction.
11. If the Member provides false information in any of the submitted statements or notifications to the Company.
12. In the event of delay or other default in fulfilling payment obligations of fees and other charges related to the Service.
13. In the event of a violation of the prohibitions in Article 9.
14. In addition to the preceding item, any violation of these Terms of Service or other rules and regulations set forth by the Company.
15. If it is revealed that the member's registration has previously been revoked due to a violation of these Terms of Service or other reasons.
16. If the member engages in fraudulent or illegal activities in using this Service.

Article 15 : Attribution: 1. Intellectual property rights such as copyrights and any other rights related to the website data of this service and systems, software, applications, and modules related to this service (hereinafter, "Data") shall belong to the Company. Members may not process, alter, edit, reproduce, reprint, sell to a third party, transfer, lend, or transfer possession of Data without the Company's permission. However, data such as images and results owned by the member and used by the member in using the Service are not considered under this category.; 2. Members may not under any circumstances reverse engineer, decompile or disassemble the system.; 3. Members must take necessary measures not to infringe intellectual property rights such as copyrights, design rights, trademark rights, and other rights held by third parties when using the Service.; 4. This Article shall remain in effect even after the termination of this Agreement between the Company and Member.; 5. Secondary use of the data is generally not allowed. Secondary use refers to disclosing the results obtained from this Service or the data to a third party. However, disclosing necessary information to specific parties to promote the product's sale does not constitute secondary use.

Article 16 : Restrictions

1. Membership is generally limited to corporate customers. However, the Company may opt not to sell data to parties that the Company deems to be competitors or to parties that the Company perceives to have problems with the sale or use of data.

2. The scope of use of the service shall be as follows.

・The Service may only be used within the place of business of the company that purchased it (if purchased through another company such as a group purchasing organization, the company utilizing the service).
・The term "within a place of business" refers to a place where economic activities are carried out in a single area under the control of a unitary management entity. Companies that only perform a part of the management entity's functions, such as a group purchasing organization, will be considered one with the parent company.

3. Up to 5 accounts can be used per member.

4. Data is sold on the assumption that members will use them directly. Reselling or lending Data for personal or a third-party's profit is prohibited.

Article 17 : Dispute Resolution: 1. Members will be held responsible for resolving any intellectual property rights disputes attributable to the Members, such as those regarding copyrights, design, and trademarks that arise between the Company or a third party for reasons attributable to the Member and will be expected to cover the and costs for resolution of such dispute.; 2. The Company shall assume any responsibilities and costs to resolve any dispute with a member or a third party regarding the infringement of intellectual property rights such as copyrights, designs, or trademarks attributable to the Company.; 3. The Member or the Company must notify each other immediately upon becoming aware of any dispute described in the two preceding clauses.

Article 18 : Transfer of Rights and Obligations: 1. Members are prohibited from transferring the status obtained through membership registration and the claims and obligations arising from this agreement to a third party.; 2. The Company may, at its discretion, transfer all or part of the Service to a third party. In such eventuality, all rights of the user on the Service, including the member's account up to the full extent of the rights within, shall be transferred to the aforementioned party.

Article 19 : Usage Fees: 1. The Member must pay the separate Company-designated usage fee when using the Service.; 2. The Company reserves the right to change the usage fee and payment method set forth in the preceding paragraph without prior notice. The Company shall notify the Member using a communication channel deemed appropriate that the Company.; 3. The Member shall pay the transfer fee and other expenses necessary for the payment in the preceding paragraph.

Article 20 : Exchange/Return/Cancellation: Please note that due to the nature of the sales format, the Company will be unable to accept exchanges or returns of data provided by this Service after a plan's finalization. However, this does not apply if the reason is not attributable to the customer. If you wish to cancel the contract for this Service after the plan has been finalized, please contact us within one week of the determination and prior to the calculation of the predicted values.

Article 21 : Notice: The Company shall send this Terms of Service and various notices based on using this site to the email address supplied by the Member or through the Company's chosen method.; Members who fail to make necessary changes to their email addresses or other required Registration Information may not object to the Company assuming that Company-sent notices or documents have reached the Member when they would usually have reached the Member, regardless of whether such notices or documents are delayed or do not reach the Member.

Article 22 : Disclaimer: 1. The Company shall not be held responsible for any actions taken by Members based on the results provided through the Service.; 2. The Company shall not be liable for any direct or indirect damages incurred by the Member through the use of the Service.; 3. In order to ensure compatibility with the communication equipment and software used by Members when using this service, the Company may modify, change or add facilities, systems or software managed by the Company, or modify the service. The Company in not obligated to change the provision method.; 4. We do not guarantee that the site, servers, various contents, or emails sent from our site are free of viruses or other harmful elements.; 5. The Company shall not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.; 6. Members are responsible for resolving any claims or lawsuits brought against them by other members or third parties for violating the Terms of Service or other regulations or causing damage to other members or third parties at their own expense and responsibility. The Company assumes no liability whatsoever in such eventuality.

Article 23 : Changes in The Service's Content and Temporary Suspension, Termination, or Discontinuation of The Service

In order to keep the Service in good working condition, the Company may change all or part of the Service or terminate the Service without prior notice to Members in the following cases:

1. When necessary for maintenance, inspection, and updating of equipment and systems for providing this service.
2. When it becomes difficult to provide this service due to fire, power failure, or sabotage by a third party.
3. When providing the Service becomes unfeasible as a result of interruption or suspension of the Service's communication channels.
4. In the event that the Service is temporarily suspended, terminated, or discontinued based on a request from a court or other public institution, or based on laws and ordinances.
5. When the Company determines that temporary suspension or discontinuing of all or part of the Service is unavoidable.
6. The Company shall not be held responsible for any loss or damages incurred by members due to changes to the content of the Service, or temporary suspension, termination or discontinuation based on the preceding paragraph.

Article 24 : Governing Law: This agreement shall be interpreted in accordance with the laws of Japan.

Article 25 : Court of Exclusive Jurisdiction: Suppose a dispute arises between the Company and Members in relation to these Terms, In that case, the court having jurisdiction over the location of the head office of the Company shall be the exclusive jurisdictional court of the first instance.

Effective April 1, 2019
Revised September 30, 2021
Revised June 20, 2022