Article 1 Definitions

In this Terms of Use Agreement for Hiroshima prefecture infrastructure management foundations 【DoboX】 (hereinafter referred to as “the Agreement”), the following terms shall have the following meanings:

Article 2 Purpose and Application, Language, etc.

1. The Agreement stipulates the conditions of use for this service provided by the operations administrator.
2. Based on the Agreement, the operations administrator shall conclude a contract with a service user (hereinafter referred to as the "Usage Contract") and provide this service to the service user. The Agreement shall apply to the Usage Contract, thereby regulating the contents of the Usage Contract.
3. The Agreement, the Usage Contract based on the Agreement, and explanations for this service by the operations administrator (including those on the Web site provided by the operations administrator) are all created in Japanese. The Japanese text is the original and text translated into other languages is intended for reference only. In the case of differences between the contents in Japanese and those in other languages, the Japanese shall prevail. The contents in Japanese may not be supplemented or amended in other languages.
4. As used in the Usage Contract based on the Agreement, the year, month, date, time, etc. shall be according to Japanese date notation.
5. In the Agreement, unless otherwise specified, the name of laws and regulations means that of Japanese laws and regulations.

Article 3 Amendment

1. The operations administrator may make amendments to the Agreement.
2. The amended Agreement shall become effective from the date separately determined by the operations administrator (hereinafter referred to as the "Effective Date").
3. In cases of an amendment, the operations administrator shall notify the service user of the amendment, the amended contents of the Agreement, and the Effective Date by sending an e-mail or posting on the website of this service provided by the operations administrator no later than thirty (30) days prior to the implementation of such amendment.
4. The service user shall be deemed to have agreed to apply the amended Agreement when the service user uses this service after receiving the notice set forth in Paragraph 3.

Article 4 Usage Contract

1. When the service user uses this service, the service user shall be deemed to have checked the full text of the Agreement and to have agreed to apply it in its entirety. The Usage Contract shall be concluded with such consent.
2. Prior to use of the specific data or provide data through this service, an account must be issued by the operations administrator. The operations administrator shall grant privileges and issue accounts to individuals. The person who uses the specific data or provides data shall appropriately manage the issued account.
3. Through this service, persons wishing to use the specific data shall enter the required items on the application screen on the website provided by the operations administrator and apply for use by submitting said application to the operations administrator (hereinafter referred to as the "Application," and the person who submits the application is referred to as the "Applicant"). Persons wishing to provide data shall apply in consultation with the operations administrator. The operations administrator may reject the Application as a result of the examination thereof in accordance with the designated screening method. In addition, the operations administrator may reject the Application in any of the following cases:
   1. In the event the operations administrator reasonably determines that it is difficult to provide this service related to the Application, or that it is difficult to arrange and maintain the server facilities or telecommunications facilities related to this service;
   2. In the event the operations administrator reasonably determines that there is a risk that the Applicant may fail to fulfill his/her contractual obligations when the Applicant concludes the Usage Contract with the operations administrator (e.g., the Applicant has failed to fulfill his/her contractual obligations with the operations administrator in the past);
   3. In the event the operations administrator reasonably determines that there is a false entry in the contents of the Application;
   4. In the event the Applicant is not a resident in any of the countries in which this service is provided as separately specified by the operations administrator (hereinafter referred to as "Specified Countries");
   5. In the event the operations administrator reasonably determines that there are significant operational or technical difficulties with regard to providing this service to the Applicant;
   6. In the event the operations administrator reasonably determines that the Applicant is likely to use this service in a manner that would adversely affect the social credibility of the operations administrator;
   7. In the event the operations administrator reasonably determines that (i) the Applicant is a person belonging to an organized crime group/anti-social forces, or (ii) the Applicant is equivalent to a person belonging to an organized crime group/an anti-social forces in Japan;
   8. In the event the operations administrator reasonably deems it inappropriate to accept the Application.
4. In the event the operations administrator rejects an Application for this service pursuant to the provisions of the preceding paragraph, the operations administrator shall promptly notify such Applicant. The operations administrator shall not be obligated to disclose the reason for refusing such Application.

Article 5 Assignment of Rights and Obligations Under the Usage Contract

1. The service user may not transfer the status under the Usage Contract to a third party, or assign, assume or provide as a pledge all or part of the rights and obligations arising from the Usage Contract to a third party without the prior written consent of the operations administrator.
2. With respect to the use of this service, the service user shall assume all civil obligations and responsibilities of the operations administrator under the Usage Contract or under laws and regulations for any and all acts (including omissions) performed by a third party using the account issued according to Article 4, Paragraph 2; provided, however, that this shall not apply to the case where the reason is not attributable to the service user.

Article 6 Termination of the Contract by Service User

The service user may terminate the Usage Contract by notifying the operations administrator in the designated manner, on the date of termination stipulated by the operations administrator. Any debt related to the Usage Contract shall be paid immediately by the service user to the operations administrator.

Article 7 Termination of the Contract by Operations Administrator

In the event that the service user falls under any of the following cases, the operations administrator may immediately terminate the Usage Contract without prior notice or announcement to such service user. Any debt owed to the operations administrator shall be paid immediately by such service user:

1. In the event that the service user falls under any of the items in Article 4, Paragraph 3, any of the items in Article 8, any of the items in Article 16, Paragraph 1, or any other prohibited matters stipulated in the Agreement;
2. In the event that payment by the service user is stopped (e. g. the dishonor of a bill or check), or there are other reasonable grounds for recognizing that service user’s credit conditions have deteriorated;
3. In the event the operations administrator reasonably determines that the license or other relevant qualifications of the operations administrator may be revoked by the public authorities due to the act of the service user (including omission);
4. In the event the service user has received a petition for seizure, provisional seizure, provisional disposition, or auction, or has received a disposition for delinquency of taxes and public dues, etc.;
5. In the event that the service user files a petition for commencement of insolvency proceedings, such as bankruptcy proceedings, civil rehabilitation proceedings, special liquidation proceedings, corporate reorganization proceedings, etc., or enters into the liquidation proceedings, or the operations administrator has reasonably determined that the service user is in a similar condition in the Specified Countries.

Article 8 Prohibited Matters

The service user shall not engage in any act falling under any of the following items when using this service (including the use of secondary products):

1. Acts in violation of the Agreement;
2. Acts in violation of laws and regulations;
3. Acts contrary to public order and morality;
4. Acts infringing rights of third parties;
5. Acts that cause disadvantage, damage, or discomfort to the operations administrator, other service users of this service, or other third parties;

6. The following acts related to servers, networks, and other devices constituting this service:

   1. Imposing an excessive load;
   2. Interfering with the specifications or use thereof, such as unauthorized access or cracking;
   3. Analysis, reverse engineering, or any other acts aimed at obtaining source code;
   4. Incorporating all or part of the constitution of this service into other software;
   5. Inputting invalid data or instructions.

Article 9 Use of Third Parties

The service user may not allow any third party to use this service in whole or in part, whether paid or free (including, but not limited to, directly or indirectly lending its ID, account, password, etc., for the use of this service, or allowing the use of any service that incorporates this service).

Article 10 Maintenance, Management, etc. of Information

1. When using this service, the service user shall appropriately manage the account/password issued according to Article 4, Paragraph 2, server facilities, communications facilities, and information/equipment/software/systems that the service user is required to maintain and manage with respect to this service. In addition, the service user shall assume full responsibility for the results of such management (including the results of disclosure, leak to or inference by a third party of the account/password issued according to Article 4, Paragraph 2).
2. The data administrator manages the data provided to this service at its own responsibility and expense.

Article 11 Use of Data

1. The data user may use the contents in accordance with Creative Commons Display 4.0 International (CC BY 4.0 License). In this case, the source shall be listed as "Hiroshima Prefecture Infrastructure Management Foundations," or "Hiroshima Prefecture Infrastructure Management Foundation" and "Data Administrator."
2. The requirements for the use of certain contents are set forth in the conditions for the use of data (the latest version at the time of use, hereinafter referred as “Superordinate Agreement”), relevant laws and regulations, conditions, agreement, licenses, and other conditions regardless of the name by which such conditions may be called. The provisions of the preceding paragraph do not apply to contents for which the requirements for use are stipulated by related laws and regulations or the Superordinate Agreement. Some contents for which the Superordinate Agreement is stipulated, directly or indirectly indicate/imply that the conditions for use are stipulated by indicating the source, etc.; however, some do not clearly specify the section including the specified conditions for use. When using this service, such conditions must be confirmed at the responsibility of the data user. Note that use of contents that include survey results based on the Surveying Act may require application for approval. Please refer to the procedures for use of survey results when using survey results, etc.
3. All content copyrights and other rights belong to the copyright holder. The operations administrator does not assign or grant any rights to the data user. When using the contents for which the Superordinate Agreement is stipulated, the data user shall comply with the provisions of the Superordinate Agreement.
4. The data user shall be liable for compensating any damage caused to the operations administrator by the use of the contents beyond the scope permitted to the data user as set forth in the preceding Paragraph 3 or the infringement of the rights of the contents as set forth in the preceding paragraph.

Article 12 Consent to the Superordinate Agreement

1. In the event that any Superordinate Agreement is stipulated for the contents, the data user shall be obligated to confirm and comply with such Superordinate Agreement when using such contents, and the contents of such Superordinate Agreement shall apply to this service. In addition, with respect to the use of contents for which the Superordinate Agreement has been stipulated, the data user shall be responsible for any violation of the Superordinate Agreement by the data user, and the data user shall compensate the operations administrator for any damages due to such violation.
2. Except as otherwise specified in the Agreement, in the event of any inconsistency or conflict regarding the use of the contents between the Agreement and the Superordinate Agreement, the provisions of the Superordinate Agreement shall take precedence.

Article 13 Provision of Data

1. The data administrator shall present the data user with the Terms of Use Agreement for the provided data.
2. The data administrator shall describe in the metadata and present the data user the information possessed regarding the quality of the provided data, such as freshness, granularity, accuracy, and reliability.
3. The data administrator shall grant permission for use of the metadata and samples of provided data that have been provided in this service under the Creative Commons Display 4.0 International (CC BY 4.0 License). In addition, in the event the user wishes to use such metadata and samples under the ODC BY (https://opendatacommons.org/licenses/by/1-0/) or ODbL (https://opendatacommons.org/licenses/odbl/) by Open Data Commons, the user is not prevented from the use thereof.
4. In the event the data administrator does not explicitly present the Terms of Use Agreement for the provided data to the data user, the data administrator shall grant permission for the use of such provided data under the Creative Commons Display 4.0 International (CC BY 4.0 License).

Article 14 Intellectual Property Rights

1. All intellectual property rights of the tangible and intangible components (software, data, images, text, demonstrations, user manuals, and other contents) that constitute or are attached to this service belong to the operations administrator or the third party that has given license for use (hereinafter referred to as the "Licensor" in this Article) to the operations administrator.
2. The license to use this service under the Usage Contract does not constitute a license to use the intellectual property rights of the operations administrator or the Licensor with respect to this service beyond the extent necessary for the use of this service.

Article 15 Confidentiality

1. With the exception of service user information (information provided by a service user to Hiroshima prefecture infrastructure management foundations by using this service), "Confidential Information" means information that falls under any of the following items:
   1. Any and all information of the operations administrator and the third parties entrusted with the operation of this service that the service user obtains by using or in relation to this service;
   2. Any and all information relating to this service;
   3. Other information that the service user should recognize as reasonably confidential under social norms.
2. Notwithstanding the provisions of the preceding paragraph, information that falls under any of the following shall not constitute Confidential Information:
   1. Information already held by the service user at the time of disclosure;
   2. Information generated independently by the service user regardless of the Confidential Information;
   3. Information publicly known at the time of disclosure;
   4. Information that has become publicly known after disclosure without any fault of the service user;
   5. Information disclosed by a third party with legitimate authority without obligation of confidentiality.
3. The service user shall manage all or part of the Confidential Information as confidential and assume the following obligations except with the written consent of the operations administrator:
   1. The obligation to not disclose or leak Confidential Information to third parties;
   2. The obligation to not use the Confidential Information for any purpose other than the exercise of rights or the performance of obligations under the Usage Contract.
4. The obligations set forth in this Article shall remain in full force and effect for two (2) years after the termination of the Usage Contract.

Article 16 Discontinuation of Provision

1. 1. When any of the following applies, the operations administrator may discontinue the provision of all or part of this service:
   1. In the event it is necessary for the maintenance, construction, relocation, etc. of server facilities or telecommunications facilities, etc.;
   2. In the event telecommunications carriers or other service providers discontinue the provision of telecommunications services;
   3. In the event of an order, disposition, request, etc. by public authorities (hereinafter referred to as “Public Authorities”) of Japan or other countries;
   4. In the event that the operations administrator reasonably determines that the acts of a third party (including omissions) may interfere with the performance of the operations of the operations administrator (e. g. such acts damage or may damage the server equipment or telecommunications equipment of this service).
2. In the event that the provision of this service is discontinued pursuant to the preceding paragraph, the operations administrator shall notify each service user of such fact, and the reason and period thereof by sending an e-mail or posting on the website of this service provided by the operations administrator in advance; provided, however, that the foregoing does not apply in cases where urgency is required.
3. In the event that the provision of this service is discontinued in accordance with Paragraph 1, the operations administrator shall not be liable to compensate for any damage incurred by the service user as a result of such discontinuation.

Article 17 Abolition of Provision

1. The operations administrator may abolish all or part of this service if reasonably determined to be unavoidable thereby. In such case, the operations administrator shall notify the service user no later than thirty (30) days prior to the abolishment by sending an e-mail or by posting on the website of this service provided by the operations administrator in advance; provided, however in the event that the operation operations administrator reasonably determines that it is necessary to immediately abolish the provision to a service user due to orders, dispositions, requests, etc. by Public Authorities, the operations administrator may immediately abolish provision of the service user without notifying the service user.
2. In the event the provision of this service is abolished in accordance with the preceding paragraph, the operations administrator shall not be liable to compensate for any damage incurred by the service user as a result of such abolishment.

Article 18 Non-Warranty, Disclaimer

1. Except as otherwise specified in the Agreement, with respect to the provision of this service to the service user, the operations administrator shall not make any warranties, whether express or implied (including, but not limited to, fitness for a particular purpose, effectiveness of functions and effects, quality of service, safety against threat, merchantability, completeness, accuracy, the identity or consistency of data reproduced or transferred, the non-infringement of third party rights, normal operation of equipment and facilities provided to service users based on this service, and regular provision of this service).
2. Except as otherwise specified in the Agreement, the operations administrator shall not be liable to compensate for any damages incurred by the service user with respect to the use of this service (including, but not limited to: (i) inability to use this service; (ii) malfunction or failure of equipment, facilities, or software provided by this service; (iii) delay in providing this service; (iv) damage or loss of data provided by the data administrator to this service and examples of data use, and theft/leakage by a third party; (v) infection by a virus, malware, etc.; and (vi) damages caused by unauthorized access/cracking/exploitation of security holes, etc. by third parties. The same shall apply hereinafter.), default liability, tort liability, or any other legal liability (including both in Japan and in countries other than Japan. The same shall apply hereinafter.) regardless of the name under which such liability is named.
3. In the event the operations administrator pays compensation based on the preceding paragraph, it shall be paid in Japanese yen.
4. Notwithstanding Paragraph 2, the operations administrator shall not be liable to service users for any delay or inability to perform all or part of this service due to reasons beyond the operations administrator's control (e.g. (i) natural disaster, war, riot, civil war, or other force majeure; (ii) enactment, amendment, or repeal of laws and regulations in Japan or other countries; (iii) orders, dispositions, or requests by Public Authorities; (iv) restriction of Internet use; (v) filtering or blocking part of communications via the Internet; (vi) acts of dispute; and (vii) transportation or communication line failures.)
5. With respect to the use of this service by the service user, any dispute arising between a third party in Japan or any country other than Japan and the service user or the operations administrator shall be resolved by such service user at its own responsibility and expense, and the operations administrator shall not be liable for any such dispute.

Article 19 Delegation of Service Operation

The operations administrator may outsource all or part of the operations necessary for the provision of this service to a third party. In such case, the operations administrator shall obligate the outsourcing contractors to assume the obligations equivalent to those of the operations administrator stipulated in the Agreement.

Article 20 Protection of Personal Information

The operations administrator shall appropriately handle the personal information of the service user based on the "Privacy Policy" stipulated on the website provided by the operations administrator.

Article 21 Elimination of Anti-Social Forces

1. The service user shall affirm the following matters to the operations administrator:
   1. The service user is not an organized crime group, an enterprise affiliated with an organized crime group, a so-called corporate racketeer, or a member thereof, or any other person equivalent thereto (hereinafter collectively referred to as "Anti-Social Forces");
   2. The service user's officers (meaning members who execute business, directors, executive officers, or any other person equivalent thereto) are not Anti-Social Forces;
   3. The service user shall not have Anti-Social Forces use its own name and conclude the Usage Contract;
   4. The service user shall not engage in any of the following acts with respect to the Usage Contract either on its own or by using a third party:
      1. The use of intimidating words or actions against the operations administrator;
      2. The disruption of the performance of the operations administrator or damaging the credit of the operations administrator by fraudulent means or force.
2. In the event that the service user falls under any of the following cases, the operations administrator may terminate all or part of the Usage Contract without requiring any demand:
   1. In the event it is found that the service user has violated the affirmation set forth in (1) or (2) of the preceding paragraph;
   2. In the event it is found that the service user concludes the contract in violation of the affirmation set forth in (3) of the preceding paragraph;
   3. In the event the service user performs an act contrary to the affirmation set forth in (4) of the preceding paragraph.
3. In the event the Usage Contract is terminated pursuant to the provisions of Paragraph 2, the service user may not make any claim to the operations administrator for any damage caused by termination.

Article 22 Governing Law

This Contract shall be governed by the laws and regulations of Japan.

Article 23 Dispute Resolution

1. In the event any discrepancy of opinion or recognition or any other dispute arises between the operations administrator and service user with respect to the Usage Contract, the parties concerned shall consult with each other in good faith and endeavor to resolve such dispute.
2. Notwithstanding Paragraph 1, where such dispute cannot be settled through consultation, action may be filed under the Code of Civil Procedure (Law No. 29 of 1890) or a petition for mediation may be filed under the Law for Conciliation of Civil Affairs (Law No. 222 of 1951).
3. The operations administrator and the service user agree that the court having jurisdiction over the location of the operations administrator (the Hiroshima District Court as of the date of enactment of this provision) shall be the exclusive jurisdictional court of the first instance for any dispute arising out of or relating to the Usage Contract.

Article 1 Commencement of Application

The Agreement shall come into force on February 17th, 2023.