Terms of Service

Article 1 (Application)

1. These Terms are intended to define the terms of provision of the Service and the rights and obligations between the Company and Users regarding the use of the Service, and shall apply to all relationships between Users and the Company relating to the use of the Service.
2. In the event of any discrepancy between the content of these Terms and any explanation provided by the Company regarding the Service outside of these Terms, the provisions of these Terms shall prevail.

Article 2 (Use of the Service)

1. A person wishing to use the Service (hereinafter referred to as "Applicant") shall apply for user registration by the method prescribed by the Company after agreeing to comply with these Terms, and registration shall be completed upon approval by the Company.
2. The Company may decline to approve an application for registration if the Company determines that the Applicant falls under any of the following, and shall have no obligation to disclose the reasons:
   1. If any or all of the registration information contains false statements, errors, or omissions
   2. If the application is from a person who has previously violated these Terms
   3. If the Applicant is a minor, adult ward, person under curatorship, or person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant
   4. If the Company determines that the Applicant is an antisocial force (meaning organized crime groups, members thereof, right-wing organizations, antisocial forces, or similar entities), or is involved in any interaction with or support of antisocial forces through funding or other means
   5. If the Company determines that the Applicant has previously violated a contract with the Company or is related to such a person
   6. If the Applicant has previously been subject to the measures set forth in Article 7
   7. If the Company otherwise determines that registration is not appropriate
3. Users shall notify the Company without delay of any changes to their registration information by the method prescribed by the Company.

Article 3 (Management of User ID and Password)

1. Users shall manage their user ID and password for the Service at their own responsibility.
2. Users may not, under any circumstances, allow a third party to use their user ID and password, or transfer, lend, change the name of, or sell them.
3. When a login is made with a combination of user ID and password that matches the registered information, the Company shall deem such use to be by the User who registered that user ID.
4. The registered User shall bear responsibility for any damage arising from insufficient management of user ID or password, errors in use, or use by a third party, and the Company shall bear no liability whatsoever.

Article 4 (Usage Fees)

1. Users shall pay the Company the usage fees separately determined by the Company as consideration for using the Service, by the method designated by the Company.
2. If a User delays payment of usage fees, the User shall pay late payment damages at an annual rate of 14.6%.

Article 5 (Provision of the Service)

1. The Company shall provide the Service to Users with the duty of care of a good manager.
2. Users shall not engage in any of the following acts when using the Service:
   1. Acts that violate laws, regulations, or public order and morals
   2. Acts related to criminal activity
   3. Acts that destroy or interfere with the functions of the Company's servers or networks
   4. Acts of unauthorized access or attempted unauthorized access to the Company's networks or systems
   5. Acts that place excessive load on the Company's servers or networks, whether through the use of RPA or otherwise
   6. Acts that may interfere with the operation of the Company's services
   7. Acts of collecting, accumulating, or using personal information, IDs, or passwords of other Users
   8. Acts of impersonating other Users
   9. Acts of directly or indirectly providing benefits to antisocial forces in connection with the Company's services
   10. Acts that cause disadvantage or damage to the Company, other users of the Service, or other third parties
   11. Acts that infringe on intellectual property rights (including patent rights, copyrights, trademark rights, utility model rights, and design rights), portrait rights, privacy rights, honor rights, or other rights of the Company, users of the Service, or other third parties (acts infringing intellectual property rights include reverse engineering)
   12. Acts of allowing third parties to use the Service, directly or indirectly, without the Company's consent
   13. Acts of providing, disclosing, or selling data, analysis results, reports, etc. obtained through the Service to third parties without the Company's prior written consent
   14. Acts that directly or indirectly cause or facilitate any of the preceding items
   15. Other acts that the Company deems inappropriate
3. Use of the Service is at the User's own risk, and the Company shall bear no liability for any damage (including damage to computers and networks, whether direct or indirect) arising from use of the Service.
4. The Company shall handle information, data, materials, etc. provided by Users with the duty of care of a good manager, use them within the scope necessary for providing the Service, and shall not disclose or leak them to third parties without legitimate reason.

Article 6 (Suspension of Service Provision)

1. The Company may suspend or interrupt all or part of the Service without prior notice to Users if it determines that any of the following circumstances exist, and shall not guarantee any lost data in such cases:
   1. When performing maintenance, inspection, or updates of the computer systems related to the Service
   2. When provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fires, power outages, or natural disasters
   3. When computers or communication lines are halted due to an accident
   4. When provision of the Service becomes impossible due to changes in external environments such as API specification changes, terms of service changes, or suspension of AI answer engines (ChatGPT, Perplexity, Gemini, etc.)
   5. When the Company otherwise determines that provision of the Service is difficult
2. The Company shall bear no liability whatsoever for any disadvantage or damage suffered by Users or third parties due to the suspension or interruption of the Service, regardless of the reason.

Article 7 (Usage Restrictions and Account Deletion)

1. The Company may restrict all or part of a User's use of the Service or delete the User's registration without prior notice or demand in the following cases:
   1. If the User violates any provision of these Terms
   2. If it is found that the application information contains false facts
   3. If the User becomes insolvent or unable to pay debts, or if a petition for bankruptcy, civil rehabilitation, corporate reorganization, or similar proceedings is filed
   4. If the User falls under any of the items of Article 2, Paragraph 2
   5. If the Company otherwise determines that use of the Service is not appropriate
2. The Company shall bear no liability for any damage caused to Users by actions taken pursuant to this Article.

Article 8 (Penalties)

1. The usage fees for the Service are set on the premise that Users comply with these Terms. If the Company suffers damage due to a User's violation of these Terms, the Company may claim compensation for ordinary and direct damages within a reasonable scope from such User.
2. The maximum amount of damages the Company may claim under the preceding paragraph shall be limited to the total amount of usage fees paid by the User to the Company in the past 12 months. However, this limitation shall not apply if the damage was caused by the User's willful misconduct or gross negligence.
3. If a User commits the acts described in Article 5, Paragraph 2, Item 5, the Company may implement speed restrictions, usage frequency restrictions, partial feature restrictions, etc. Even in such cases, no refund of usage fees shall be made.

Article 9 (Automatic Contract Renewal)

For the initial contract, if the User does not express their intention to terminate the contract by the expiration date between three months and one month before the contract expiration date, the contract shall be automatically renewed for the same period as the original contract term. However, after the contract has been renewed at least once, the User may terminate the contract by expressing their intention to do so at least one month before the contract expiration date. This provision shall not apply when the Company and User have agreed otherwise.

Article 10 (Account Deletion)

1. Users may delete their registration as a User on the Service by notifying the Company by the method prescribed by the Company.
2. Even if a User deletes their registration pursuant to the preceding paragraph during a contract period, usage fees corresponding to the remaining contract period shall be incurred regardless of the reason (no pro-rata calculation, settlement, or refund shall be made), and the User shall pay the usage fees corresponding to the remaining period in a lump sum at the end of the month of account deletion.

Article 11 (Disclaimer of Warranties and Limitation of Liability)

1. The Company does not warrant that the User's use of the Service will improve recommendation rates (Response Share) in AI answer engines (ChatGPT, Perplexity, Gemini, etc.) or that the User's brand or products will be recommended by AI, and shall bear no liability for any damages arising therefrom.
2. Even if the Company bears liability for breach of contract for any reason, such liability shall be waived unless caused by the Company's willful misconduct or gross negligence.
3. Even in cases where the Company bears liability due to its willful misconduct or gross negligence, the Company's liability shall be limited to the scope of damages that would ordinarily arise and, for paid services, to the amount of the fee (or one month's equivalent for ongoing services).
4. The Company shall bear no liability for any transactions, communications, or disputes arising between the User and other Users or third parties in connection with the Service.
5. The Company shall bear no liability for cases where the functionality of the Service is restricted or suspended due to external factors such as changes to AI answer engine algorithms, API specifications, or terms of service.

Article 12 (Changes to Service Content)

The Company may change the content of the Service or discontinue the provision of the Service at the Company's discretion without notifying Users, and shall bear no liability for any damage caused to Users thereby.

Article 13 (Changes to Terms of Service)

The Company may change these Terms at any time without notifying Users when the Company deems it necessary.

Article 14 (Notices and Communications)

Inquiries and other communications or notices from Users to the Company regarding the Service, as well as notices of changes to these Terms and other communications or notices from the Company to Users, shall be made by the method prescribed by the Company.

Article 15 (Assignment of Rights and Obligations)

1. Users may not assign, transfer, or pledge as security or otherwise dispose of their contractual status or rights and obligations under these Terms to any third party without the prior written consent of the Company.
2. If the Company transfers the business related to the Service to another company (including not only ordinary business transfers but also corporate splits under the Companies Act and all other cases where the business is transferred), the Company may assign the contractual status, rights and obligations under these Terms, and Users' registration information and other customer information to the transferee, and Users shall be deemed to have consented to such assignment in advance.

Article 16 (Ownership of Rights)

All intellectual property rights related to the Company's website and the Service belong to the Company or those who have licensed them to the Company. The license to use the Service under these Terms does not constitute a license to use the intellectual property rights of the Company or those who have licensed them to the Company.

Article 17 (Commercial Use of Data and Reports Provided by the Service)

1. When Users commercially use data, reports, graphs, etc. (hereinafter referred to as "the Data") downloaded from their accounts using the Service (commercial use here refers to use in presentations, promotional materials, client reports, etc.), they shall do so in accordance with the following. Users shall not provide the Data to third parties for purposes other than their own commercial use.
   1. When reproducing the Data as-is:
      1. A copyright notice must be attached within or adjacent to the Data.
         ©20XX Sighted by Tech Knowledge Base, Inc.
      2. The following source attribution must be included.
         Surveyed using AEO measurement tool Sighted (as of MM/20XX). https://---/
   2. When publishing modified versions of the Data:
      1. Before publication, please contact the Company specifying the publication destination, purpose, and timing, and obtain the Company's consent.
         Contact: info@tkbase.co.jp
      2. After obtaining the Company's consent, insert the following annotation when publishing.
         Modified by [Company Name] based on data surveyed using AEO measurement tool Sighted (as of MM/20XX). https://---/
2. The Company shall bear no liability for any damage arising from the User's commercial use of the Data.
3. If the Company determines that there has been malicious unauthorized use of the Data from the perspective of copyright protection, the Company shall claim compensation for damages from the User who was provided the Data.

Article 18 (Confidentiality)

Users and the Company shall not disclose or leak to any third party, without the prior written consent of the other party, any trade secrets of the other party, technology and know-how related to the Service, and all other information related to the Service that was learned through the use or provision of the Service, both during and after the provision of the Service.

Article 19 (Severability)

Even if any provision or part thereof of these Terms is found to be invalid under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms shall continue to be in full force and effect.

Article 20 (Governing Law and Jurisdiction)

1. Japanese law shall govern the interpretation of the Service usage agreement and these Terms.
2. The Tokyo District Court shall have exclusive agreed jurisdiction over all disputes arising from or related to the Service usage agreement or these Terms.

Article 21 (Guarantee of Severance from Antisocial Forces)

1. Users and the Company represent to the other party that they do not currently fall under any of the following items and warrant that they will not do so in the future:
   1. Having a relationship in which antisocial forces are deemed to control management
   2. Having a relationship in which antisocial forces are deemed to be substantially involved in management
   3. Having a relationship deemed to be improperly using antisocial forces, such as for the purpose of obtaining unjust benefits for oneself or a third party or causing damage to a third party
   4. Having a relationship deemed to involve providing funds or conveniences to antisocial forces
   5. Officers or persons substantially involved in management having a socially reprehensible relationship with antisocial forces
2. With respect to the application of violations of this Article, if a television station, daily newspaper, or other media outlet reports that a party is an antisocial force, such party shall be presumed to be an antisocial force.
3. In the case of the preceding paragraph, the other party may request the party presumed to be an antisocial force to submit documentation proving that it does not fall under antisocial forces within a reasonable period.
4. If documentation proving that the party does not fall under antisocial forces is not submitted within the period set forth in the preceding paragraph, the other party may deem such party to be an antisocial force.
5. Users and the Company may immediately terminate this agreement when they reasonably determine that the other party has breached the warranties set forth in the preceding paragraph.