Website Terms of Use

These Terms of Use (these “Terms”) set out the conditions for using the websites operated by Xgene Inc. (the “Company”) (including www.xgene.co.jp and www.zarms.cloud; the “Site”) and the services provided on the Site (the “Services”). Everyone who uses the Site (“Users”) must use the Site and the Services in accordance with these Terms.

Article 1 (Application)

1. These Terms apply to all relationships between Users and the Company concerning the use of the Site and the Services.
2. Rules, policies, notes, and other provisions concerning the Services that the Company posts on the Site (collectively, the “Supplementary Rules,” excluding the “Privacy Policy” referred to in the next Article) form part of these Terms.
3. If these Terms conflict with the Supplementary Rules, the Supplementary Rules prevail.
4. Where the Company establishes separate terms of use for a service it provides (including the ZARMS Terms of Service; “Service-Specific Terms”), the Service-Specific Terms apply to the use of that service and its website, and if these Terms conflict with the Service-Specific Terms, the Service-Specific Terms prevail.

Article 2 (Handling of Personal Information)

The Company handles personal information that Users provide to the Company through the Site or the Services appropriately in accordance with the “Privacy Policy” separately established by the Company (including privacy policies established for individual services).

Article 3 (Copyrights, Portrait Rights, etc.)

1. Copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to obtain them or to apply for them; “Intellectual Property Rights”) in all content on the Site and the Services, including text, images, videos, designs, logos, and programs, belong to the Company or the respective rights holders.
2. Except as permitted by the Copyright Act or other laws, Users may not reproduce, republish, modify, distribute, transmit to the public, or otherwise use such content without the Company’s prior written permission.
3. If you believe that content on the Site infringes the rights of a third party, please contact the Company through our contact page.

Article 4 (Prohibited Conduct)

In using the Site and the Services, Users must not engage in any of the following conduct, or conduct likely to fall under any of the following:

1. Conduct that violates laws, regulations, or public order and morals
2. Conduct related to criminal acts
3. Conduct that infringes the Intellectual Property Rights, portrait rights, privacy, reputation, or other rights or interests of the Company, other Users of the Site, or third parties
4. Conduct that destroys or interferes with the functions of the Site’s servers or networks
5. Conduct likely to interfere with the operation of the Company’s services
6. Collecting or accumulating personal information about other Users without permission
7. Automatically collecting, analyzing, or extracting information, content, programs, etc. on the Site by scraping, crawling, or other technical means (excluding crawling by general search engines and other uses approved by the Company)
8. Impersonating other Users
9. Defaming the Company, other Users, or third parties, or damaging their credibility
10. Using the Site or the Services for improper purposes other than those for which they are provided
11. Providing benefits to, or otherwise cooperating with, Antisocial Forces (as defined in Article 7, Paragraph 1)
12. Any other conduct that the Company reasonably deems inappropriate as being equivalent to any of the above

Article 5 (Links)

1. In principle, you may freely link to the Site. You do not need to notify us or obtain permission to do so.
2. However, please refrain from setting up links that fall under, or are likely to fall under, any of the following:
   1. Links that make it unclear that the content belongs to the Company and may mislead third parties, such as using inline frames or linking directly to images
   2. Links from websites containing content that promotes, or is likely to promote, conduct prohibited under Article 4 (Prohibited Conduct)
   3. Any other links that the Company reasonably deems inappropriate as being equivalent to any of the above
3. If the Company requests the removal of a link that violates the preceding paragraph, the User must comply immediately and remove the link.

Article 6 (Suspension of the Services, etc. and Disclaimer)

1. If the Company determines that any of the following applies, it may suspend, interrupt, change, or terminate all or part of the Site and the Services without prior notice to Users:
   1. When performing maintenance, inspection, or updates of the computer systems related to the Site
   2. When providing the Services becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
   3. When computers, communication lines, etc. stop due to an accident
   4. In any other case where the Company determines that providing the Services is difficult
2. The Company strives to provide information on the Site and the Services that is as accurate as possible, but does not guarantee its accuracy, safety, timeliness, or usefulness.
3. If you move from the Site to a third-party website not managed by the Company via a link, banner, or the like, the Company bears no responsibility for the information, services, etc. provided on that website.
4. Except as otherwise provided in these Terms, in cases of the Company’s intent or gross negligence, or as provided in the next paragraph, the Company bears no responsibility for any damage or disadvantage incurred by Users as a result of the use, interruption, suspension, change, or termination of the Site or the Services.
5. Notwithstanding the preceding paragraph or any other provision of these Terms, if the contract between the Company and a User is a “consumer contract” as defined in the Consumer Contract Act, provisions of these Terms that fully exempt the Company from liability for damages do not apply. In that case, the Company is liable for damages incurred by the User due to the Company’s negligence (excluding gross negligence) in default or tort, within the scope of damages that would ordinarily arise (excluding lost profits and damages arising from special circumstances), up to the greater of the amount the User paid to the Company in the most recent one month in connection with the use of the Services in which the damage occurred, or JPY 10,000.

Article 7 (Exclusion of Antisocial Forces)

1. Users represent and warrant that they do not currently, and will not in the future, fall under any of the following, and that they do not have any socially reprehensible relationship with any of the following: organized crime groups, members of organized crime groups, persons for whom five years have not passed since ceasing to be members of organized crime groups, quasi-members of organized crime groups, companies related to organized crime groups, corporate racketeers, rogues claiming to be social or political movements, special intelligence violence groups, or other persons equivalent to these (collectively, “Antisocial Forces”).
2. If a User violates the preceding paragraph, the Company may immediately suspend that User’s use of the Site and the Services and take other necessary measures without prior notice.
3. The Company bears no responsibility for any damage incurred by a User as a result of measures taken by the Company under the preceding paragraph.

Article 8 (Changes to These Terms)

1. In any of the following cases, the Company may change these Terms without obtaining the individual consent of Users, in accordance with Article 548-4 of the Civil Code:
   1. When the change conforms to the general interests of Users
   2. When the change does not contradict the purpose of the contract and is reasonable in light of the necessity of the change, the appropriateness of the changed content, and other circumstances related to the change
2. When changing these Terms under the preceding paragraph, the Company will set the effective date of the changed Terms and, by that date, give notice of the change, the content of the changed Terms, and the effective date by publishing them on the Site or by other appropriate means.
3. A change to these Terms under Paragraph 1 takes effect on the effective date notified under the preceding paragraph.
4. For changes to these Terms that do not fall under Paragraph 1, the Company will obtain Users’ consent by the method it prescribes.

Article 9 (Severability)

Even if any provision of these Terms, or any part of one, is held invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions of these Terms, and the remaining part of any provision held partially invalid or unenforceable, continue in full force and effect.

Article 10 (Governing Law and Jurisdiction)

1. These Terms are governed by the laws of Japan.
2. Any dispute concerning the Site or the Services is subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.