Terms

Article 1 (Purpose)

  1. These terms of use (hereinafter referred to as the "Terms of Use") apply to all Users (defined in Article 2, Item 3) of the Quadcept Services (defined in Article 2, Item1) operated by Quadcept Inc. (hereinafter referred to as "Quadcept"). Users shall use the Quadcept Services after agreeing to the Terms of Use.
  2. The Terms of Use set forth the terms and conditions for use of the Quadcept Services. All Users shall use the Quadcept Services in accordance with the terms and conditions set forth herein, depending on their age, usage environment, and other conditions.
  3. The Terms of Use apply to the License Agreement (Article 2, Item 2).​ ​In the event of any conflict or inconsistency between the License Agreement and the Terms of Use, the Terms of Use shall prevail unless otherwise provided herein.

Article 2 (Definitions)

The following terms used in the Terms of Use shall have the meanings set forth in the following items.

  1. "Quadcept Services": A cloud service provided by Quadcept as a solution that streamlines all processes related to board design, manufacturing, mounting, and parts management, based on (1) Circuit Designer, (2) PCB Designer, (3) Quadcept Force, which manages projects, parts libraries, and bills of materials, and (4) PartsPick, a tool that automatically searches for parts delivery dates, prices, and other information. The Quadcept Service include Free-Use Functions, Paid-Use Functions, and Third-Party Linking Functions.
  2. "License Agreement": the license agreement User enters into with Quadcept for Commercial Use of the Quadcept Services.
  3. “User(s)": Any individual who registers as a user to use the Quadcept Services from Quadcept's main website or from the administration screen on Quadcept’s website and Subscriber (defined in the next item).
  4. “Subscriber(s)": All organization and individuals who have entered into a License Agreement with Quadcept for Commercial Use of the Quadcept Services.
  5. “Free-Use Functions": functions of the Quadcept Services that can be used for non-commercial purposes at no charge to Users.
  6. “Paid-Use Functions": functions of the Quadcept Services that are available only to Subscribers.
  7. “Third-Party Linking Functions": functions that enables the use of services provided by other companies in conjunction with Free-Use Functions or Paid-Use Functions, including, but not limited to, the following services. Third-Party Linking Functions do not only transfer Users to other companies' browsers or applications, but also embed or integrate such third party’s services in the Quadcept Services.
    LTspice、DEMITASNX ® 、Aurora、Digi-Key、Ultra Librarian、SamacSys
  8. “Commercial Use": the use of the Quadcept Services itself or data, blueprints, bill of materials, etc. created by using Quadcept Services for commercial purposes, such as use for research, development, or manufacture of products.
  9. “Non-Commercial Use": Use for purposes other than Commercial Use, including the use of the performance or functionality on a trial basis to determine whether or not to subscribe for Commercial Use.
  10. “User Information": User’s ID and password registered for the Quadcept Services.
  11. “Telecommunications Equipment": Smartphones, tablets, and computer equipment.

Article 3(User Registration)

  1. Those who wish to become a user of the Quadcept Services must agree to the Terms of Use and register as a User in accordance with the procedures set forth by Quadcept.
  2. In the event of a change in the information registered in accordance with Article 3.1, Users shall immediately follow the procedures for changing the registered information.
  3. Quadcept reserves the right to refuse user registration on its discretion.
  4. Users shall not license, lend, transfer, sell, or pledge their accounts on the Quadcept Services to any third party.​

Article 4(Use of free use functions)

  1. Users may use Free-Use Functions of the Quadcept Services.
  2. Quadcept may freely determine or change the scope and content of the Free-Use Functions.
  3. User is entitled to Non-Commercial Use of the Quadcept Services and data, drawings, information, etc. created by using the Quadcept Services, but Commercial Use is not allowed to Users who has not made a License Agreement with Quadcept.

Article 5(License Agreement)

  1. If a User or Organization to which User belong entered into a License Agreement with Quadcept in accordance with the procedures designated by Quadcept, the User will be entitled to Commercial Use of Quadcept Services not only Free-Use Function but also Paid-Use Functions under the terms and conditions set forth herein and License Agreement, during the term of the License Agreement.​ ​
  2. The effective term of a License Agreement shall be separately set forth in the License Agreement.
  3. If a User has entered into a License Agreement without automatic renewal conditions, the License Agreement will automatically terminate upon expiration of the term. If a User has entered into a License Agreement with automatic renewal terms, the License Agreement will be automatically renewed from the next date of the expiration date under the same contents, conditions and period (e.g., in the case of a 3-month contract, the contract will be renewed for 3 months, and in the case of a 1-year contract, the contract will be renewed for 1 year), unless User notifies Quadcept of the termination in accordance with the procedures set forth by Quadcept (e.g., 15 days advance notice for Quadcept CAD, 60 days advance notice for Quadcept Force, 60 days advance notice for PartsPick), and the same shall apply thereafter.

Article 6(Subscriber's Rights)

  1. Subscribers may use the functions of the Quadcept Services as set forth in the License Agreement.
  2. Subscribers are entitled to Commercial Use of the Quadcept Services during the term of the License Agreement, subject to the terms and conditions set forth in the Terms of Use and the License Agreement.
  3. Subscribers may use any data, drawings, information, etc. (excluding those related to the Quadcept Services itself) created by using the Quadcept Services, not only during the term of the License Agreement, but also after the expiration of the term, provided however that this shall not apply in the event of termination of the License Agreement by Quadcept in accordance with Article 13.2, Article 14.1 or Article 20.3.
  4. Subscribers shall not allow other Users or third parties to use the Paid-Use Function, without Quadcept's permission.

Article 7(License fee)

  1. For the Quadcept Services, Subscribers shall pay the license fee set forth in the price list established by Quadcept by the due date designated by Quadcept.
  2. Subscribers may make the payment of the license fee for Quadcept Services only by the method designated by Quadcept.
  3. If a Subscriber fails to pay the license fee for Quadcept Services by the due date designated by Quadcept, the Subscriber shall pay compensation for such late payment calculated at the rate of 14.6% per annum for days from the following day of the due date until completion of the payment.

Article 8(Third-Party Linking Functions)

  1. The Quadcept Services has Third-Party Linking Functions, but these are merely a linkage between the Quadcept Services and third party’s services in order to improve the convenience of the Quadcept Services. Users shall use the services of such third parties at their own responsibility and judgment, and Quadcept shall not be liable for any damage and loss incurred by Users in connection with the use of Third-Party Linking Functions.
  2. When using the services of third parties through Third-Party Linking Functions, Users shall comply with the terms and conditions for use of such third parties’ services.
  3. Users may be required to pay separate usage fees to Quadcept or third parties when using the services provided by third parties through Third-Party Linking Functions.
  4. Quadcept may freely determine or change the scope and content of Third-Party Linking Functions.

Article 9(Management of User Information and Telecommunications Equipment)

  1. Users shall, at his/her own expense and responsibility, prepare all necessary equipment, communications, and transportation to receive the Quadcept Services. Users shall bear all communication costs required for the use of Quadcept Services.
  2. Users are responsible for managing their User Information and Telecommunications Equipment. Users shall be liable for any damage caused by inadequate management, errors in use, or use by a third party of User Information and Telecommunications Equipment, and Quadcept is not be liable for any such damage.
  3. If there is a possibility that User Information or Telecommunications Equipment may be used by a third party, the User shall immediately notify Quadcept and follow Quadcept's instructions, if any.

Article 10(Usage Restrictions)

  1. Except for certain programs and applications for Telecommunications Equipment, Users may use the Quadcept Services by connecting their Telecommunication Equipment to the URL designated by Quadcept and shall not obtain the software comprising the Quadcept Services by downloading, copying, or otherwise.
  2. Users shall not use the Quadcept Services from more than one Telecommunications Equipment at the same time using the same User Information.

Article 11(Intellectual Property Rights)

  1. Copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act. The same shall apply hereinafter in this Article), patent rights, utility model rights trademark rights, design rights, and all other intellectual property rights, and the right to obtain registration of these rights (hereinafter collectively referred to as "Intellectual Property Rights") related to tangible and intangible components of the Quadcept Services (including software programs, databases, icons, images, texts, manuals and other related documents, etc.) are owned by Quadcept or the licensors licensing to Quadcept, and are not owned by Users.
  2. If a Subscriber uses the Quadcept Services to create deliverables such as data, drawings, information, etc. (excluding deliverables related to the Quadcept Services themselves), all Intellectual Property Rights that may arise in relation to all or part of such deliverables (excluding those related to the Quadcept Services themselves) shall be owned by the Subscriber.

Article 12(Outsourcing)

Quadcept may outsource all or part of the operations related to the provision of the Quadcept Services to any third party without User's consent.

Article 13(Prohibited Conducts)

  1. Users are prohibited by Quadcept from doing the following conducts related to the use of Quadcept Services:
    1. Violation of the Terms of Use;
    2. Violation of the License Agreement;
    3. Commercial Use of Quadcept Services without entering into a License Agreement;
    4. Creating components, schematics, or other deliverable for Commercial Use by using the Quadcept Services without entering into a License Agreement;
    5. Downloading the software comprising the Quadcept Services for Commercial Use despite notification of Non-Commercial Use;
    6. Commercial use of the software comprising the Quadcept Services despite notification of Non-Commercial Use;
    7. Action that infringes or may infringe the intellectual property rights, patents, utility model rights, design rights, trademark rights, copyrights, portrait rights, or other proprietary or personal rights of Quadcept, or licensors licensing to Quadcept, or any other third party;
    8. Action that cause or may cause disadvantage or damage to Quadcept or any third party;
    9. Action that unfairly injure or may injure the honor, rights, or credit of others;
    10. Violation of laws, regulations, or ordinances;
    11. Action that offends or may offend public order and morals, or action that provide information to other User or any third party that may offend public order and morals.
    12. Criminal act, act that leads to or encourage criminal act, or act that may lead to or encourage criminal act;
    13. Providing information that is untrue or may be untrue;
    14. Unauthorized access to our systems, alteration of program code of our system, falsification of location information, intentional deception, cheating by using specifications of Telecommunication Equipment or other applications, distribution of computer viruses, or any other action that interferes or may interfere with the normal operation of the Quadcept Services;
    15. Analyzing, reverse engineering or otherwise attempting to obtain the source code of the software comprising the Quadcept Services;
    16. Use of macros, functions or tools that automate operations;
    17. Action that damage or may damage the reputation of Quadcept Services;
    18. Action that may have a negative impact on the mind, body, and sound development of young people;
    19. Lend, transfer, sell, pledge or allow third party to use an account on the Quadcept Services;
    20. Using the Quadcept Services by impersonating a third party through the use of another User's account or by any other means;
    21. Use the Quadcept Services in connection with life support system, implantable device, nuclear facility or system, or any other application where the malfunction could result in death or catastrophic property damage;
    22. Viewing, altering, or falsifying information or data of other User, or any action that may lead to such actions;
    23. Action that leads or may lead to crimes such as fraud, illegal sales of savings accounts and cell phones, etc.;
    24. Action related to the proceeds of crime, action related to the financing terrorism, or any action suspected to be such acts; and
    25. Any other actions that Quadcept deems inappropriate.
  2. If Quadcept determines that a User's conduct falls under any of the items in 13.1 above, Quadcept may take any or all of the following actions without prior notice.
    1. Restrictions on use of Quadcept Services
    2. Cancellation of registration and prohibition of new registration
    3. Termination of License Agreement
    4. Other acts that Quadcept reasonably deems necessary.

Article 14(Termination of License Agreement)

  1. Quadcept may terminate the License Agreement without any notice, etc., if a Subscriber falls under any of the following items:
    1. In the event the registered information contains false information;
    2. In the event the License Agreement has been terminated or the user registration has been cancelled by Quadcept in the past;
    3. In the event the heirs, etc. of a Subscriber inform us that the Subscriber has died or when Quadcept is able to confirm the fact of the Subscriber's death;
    4. In the event a minor uses Quadcept Services without the consent of a legal representative;
    5. In the event an adult ward, person under curatorship or person under assistance uses Quadcept Services without the consent of the adult guardian, curator, or assistant, etc;
    6. In the event a Subscriber Fails to pay the license fee;
    7. In the event a Subscriber receives a seizure, provisional seizure, provisional disposition, disposition for tax delinquency, or other disposition by public authority with respect to material assets, or a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation is filed against a Subscriber;
    8. In the event of Subscriber’s dissolution or transfer of the entire business, or in the event that a resolution of such dissolution or transfer is passed;
    9. In the event that a note or cheque issued or underwritten is dishonored or otherwise a Subscriber falls into a state of suspension of payment;
    10. In the event Quadcept deem that credit standing of a Subscriber has deteriorated;
    11. In the event a Subscriber does not respond to request from Quadcept in good faith;
    12. In the event any of the prohibited conduct set forth in the preceding article was done by a Subscriber; or
    13. Other cases in which Quadcept deems it inappropriate.
  2. In addition to the cases listed in each item of Article 14.1, Quadcept may terminate the License Agreement by giving 30 days' prior notice to the Subscriber. In addition, if a Subscriber wishes to terminate the License Agreement, the Subscriber may terminate the License Agreement at the end of the month following the date of termination by following the procedure designated by Quadcept.
  3. A Subscriber whose License Agreement is terminated in accordance with 14.1 or 14.2 above shall forfeit the benefit of the term at the time of termination and all debt shall be immediately due and payable to Quadcept.

Article 15(No Warranty and Disclaimer)

  1. In no event shall Quadcept warrant that the software comprising the Quadcept Services is free from bugs or other defects, or that the Quadcept Services meet the User's specific purpose of use.
  2. Quadcept disclaims all warranties with respect to the completeness, accuracy, or effectiveness, etc., of the Quadcept Services. Quadcept provides no warranty that the Quadcept Services will operate without any suspension, interruption, or hindrance.
  3. In the course of using the Quadcept Services, Users may be transferred from the Quadcept Services to services that are operated by third parties involved in the Quadcept Services. In such cases, the User shall use the third party’s service after agreeing to the terms of use of the third party's service at his/her own responsibility and expense. Quadcept disclaims all warranties with respect to the completeness, accuracy or effectiveness of third parties’ services. Furthermore, Quadcept provides no warranty that the services of third parties will operate without any suspension, interruption, or hindrance.
  4. Users shall use the Quadcept Services with the understanding that the prices and availability of parts displayed on the Quadcept Services are subject to constant change due to market and exchange rate conditions and other factors. Quadcept provides no warranty with respect to the accuracy of the prices and availability of parts.
  5. Quadcept will not be liable for any damages incurred by Users due to their failure to change their registered information.
  6. Users shall use the Quadcept Services to the extent permitted by laws and regulations, and Quadcept will not be liable for any violation of Japanese or foreign law by Users in connection with their use of the Quadcept Services.
  7. Even if User Information is stolen due to unauthorized access which Quadcept did not predict, Quadcept will not be liable for any damage to the User resulting from such theft.
  8. Quadcept may back up information and data uploaded by Users on the Quadcept Services without the Users' consent (*We do not promise to conduct regular backups). Quadcept will not be liable to the User for any loss of information uploaded by Users to the Quadcept Services due to malfunction of facilities or equipment, communication lines or the Internet network.
  9. Quadcept will not be liable for any failure to provide the Quadcept Services, in whole or in part, due to natural disasters, earthquakes, fires, strikes, commercial outages, wars, civil disturbances, epidemics of infectious diseases, or any other force majeure.
  10. In the event that a User has a trouble with another User (whether within or outside the Quadcept Services) in connection with the use of the Quadcept Services, Quadcept will not be liable for such trouble and the Users shall settle the trouble at their own cost and expense.

Article 16(Liability for damages)

  1. If a User causes damage to Quadcept in connection with a breach of the Terms of Use or use of the Quadcept Services, the User shall indemnify Quadcept for damages (including lost profits and attorneys' fees) incurred by Quadcept.
  2. If a User violates Paragraph 3, 4, 5 or 6 of Article 13.1, the User shall pay the amount equivalent to 150% of the usage fee of the software comprising Quadcept Services (according to the price list prepared by Quadcept) as penalty from the time of downloading the software to Quadcept. Even in this case, if damages incurred by Quadcept exceeds the amount of such penalty, Quadcept may claim for compensation for the damages against the User for the amount exceeding the penalty.
  3. In the event that Quadcept causes damage to a User for reasons attributable to Quadcept, Quadcept shall be liable for compensation for such damage only to the extent provided in the following items, provided, however, that this Article 16.3 will not apply and Article 16.4 will apply if a User is a corporation or an individual using Quadcept Services as a business or for a business purpose.
    1. In the case of intentional or gross negligence by Quadcept: the full amount of such damage
    2. In the case of Quadcept's negligence, the amount of damages shall be limited to the ordinary damages (excluding special damages, lost profits, indirect damages and attorney's fees) actually and directly incurred by Quadcept, up to a maximum of 10,000 yen.
  4. Notwithstanding the preceding paragraph, in the event that a User is a corporation or an individual using Quadcept Services as a business or for a business purpose, Quadcept shall not be liable for any damages incurred by such User in connection with Quadcept Services, unless such damages are caused by the intentional or gross negligence of Quadcept. In addition, in the event that Quadcept compensates for such damages, the maximum amount of compensation shall be the amount equivalent to three (3) months of the license fee stipulated in the License Agreement.
  5. In no event will Quadcept be liable for lost profits or damages arising from special circumstances (including the case where the occurrence of damage is foreseen or foreseeable).

Article 17(Quadcept Services suspension)

  1. Quadcept may temporarily suspend the Quadcept Services for maintenance work regularly or as needed.
  2. In the event of maintenance work, Quadcept shall notify the Subscriber thereof in advance. However, in case of emergency, Quadcept Services may be suspended without prior notice. In such case, the Subscriber will be notified promptly afterwards.
  3. In addition to the provisions of Article 17.1, Quadcept may temporarily suspend the Quadcept Services when Quadcept deems that the continuation of the Quadcept Services may cause a serious trouble to Users due to interreference by a third party or for other unavoidable reasons.
  4. In no event will Quadcept be liable for any disadvantage or damage incurred by Users in connection with the suspension decided in accordance with this Article.

Article 18(Change and Discontinuance of Quadcept Services)

  1. Quadcept may change or discontinue all or part of the Quadcept Services by notifying the User at least 6 months in advance, and in no event will Quadcept be liable for any such change or discontinuation.
  2. Notwithstanding the preceding paragraph, if Quadcept deems that a change or discontinuation of Quadcept Services will not have material effect on Users, Quadcept will not be obliged to notify the User in advance of such change or discontinuation.
  3. Quadcept is not liable for any change or discontinuation of the services provided by third parties linked by the Third-Party Linking Functions, and Quadcept is not even obliged to notify Users thereof in advance.

Article 19(Confidentiality)

  1. Users and Quadcept shall strictly and properly manage the other party's Confidential Information (including know-how regarding Quadcept Services, information regarding Quadcept's systems, and any and all technical or business confidential information) obtained in connection with the provision or use of the Quadcept Services and shall not disclose, provide or divulge Confidential Information to any third party or use Confidential information for purposes other than the provision or use of Quadcept Services without prior written consent of the other party.
  2. The following information does not constitute Confidential Information:
    1. Information already in possession at the time of disclosure;
    2. Information that was already public knowledge at the time of disclosure or information that entered the public domain subsequent to the time of disclosure through no fault of the receiving party;
    3. Information obtained legitimately from a third party after the disclosure;
    4. Information independently developed or created without reference to Confidential Information; and
    5. Information requested to be disclosed pursuant to laws and regulations or court order.
  3. Upon the other party’s request, User and Quadcept shall promptly return or dispose of Confidential Information in accordance with the instructions of the other party and shall not use the Confidential Information thereafter.
  4. Quadcept may disclose Users' Confidential Information to other companies with which provide their services linked to Quadcept Services through the Third-Party Linking Functions to the extent necessary, and in no event will Quadcept be liable for the management of Confidential information by such other companies.

Article 20(Elimination of Anti Forces)

  1. Each of Users and Quadcept represents and warrants that it is not currently an organized crime group, a member of an organized crime group, a person who left an organized crime group within less than 5 years, a quasi-member of organized crime group, an affiliate company of an organized crime group, a corporate extortionist (sokaiya), a person or group engaging in criminal activities under pretext of conducting social campaigns, or organized crime group specialized in intellectual crimes or any other persons equivalent thereto (hereinafter collectively referred to as "Anti Social Forces") and that they do not and will not in the future fall under any of the following items:
    1. Its management is under control of Anti Social Forces;
    2. Its management is substantially under influence of Anti Social Forces;
    3. It uses Anti Social Forces for the unjustifiable purposes such as making unjust profits for itself, its company, or a third party, or causing damage to a third party;
    4. It has a certain relationship with Anti Social Forces such as providing funds or offering benefits to Anti Social Force; or
    5. Its officer or a person substantially involved in its management has a socially reprehensible relationship with Anti Social Force.
  2. Each User and Quadcept shall ensure that it will not commit any of the following acts by themselves or through a third party:
    1. Violent demand;
    2. Unjust demands beyond legal responsibility;
    3. Using threatening behavior or violence in connection with a transaction;
    4. Damaging the other party’s credibility or obstructing the other party’s business by spreading rumors, using fraudulent means or using force; or
    5. Any other acts similar to the above items.
  3. In the event that the other party is found to be a Anti Social Force, or to fall under any of the items of Article 20.1, or to have committed any act falling under any of the items of Article 20.2, or to have made any false declaration regarding the representations and warranties under Article 20.1, the User and Quadcept may, regardless of whether or not it is attributable to the other party, terminate the License Agreement and cancel the User Registration without giving the other party any notice.
  4. Users and Quadcept acknowledge and agree that if a User or Quadcept terminates the License Agreement or cancelled the User Registration in accordance with Article 20.3, Quadcept and the User shall not be liable to compensate the other party for any damages incurred due to such termination or cancellation.

Article 21(Responding to inquiries)

Quadcept will make efforts to respond to inquiries from Users regarding the Quadcept Services.

Article 22(Export related)

In the event that User intends to directly or indirectly carry out overseas or export or provide to a non-resident in Japan the technology or information (including copies) comprising the Quadcept Service (including the services linked through Third-Party Linking Function), the User shall obtain the prior written consent of Quadcept. In the event that User intends to carry out to overseas, export, or provide to a non-resident such technology or information with the consent of Quadcept, the User shall obtain permission from the Japanese government and other necessary foreign governments at the User's responsibility and expense, and shall implement procedures in compliance with the Foreign Exchange and Foreign Trade Law and other relevant laws and regulations concerning technology exports. In the event that the U.S. Export Administration Regulations or other foreign export-related laws and regulations are applicable, the User shall also comply with such laws and regulations.

Article 23(Notification)

Notices related to the Quadcept Services and other notices from Quadcept to Users as set forth in the Terms of Use shall be made by Quadcept by sending an e-mail to the e-mail address registered by the User on Quadcept's website, and such notices shall become effective upon transmission from Quadcept.

Article 24(Using Google Cloud)

Users agree that Quadcept may use, in addition to or instead of the data servers managed by Quadcept, the cloud services ("Google Cloud") operated by Google LLC and its affiliates headquartered in the United States (hereinafter collectively referred to as "Google Inc”) and that the User's information will be transmitted to and stored on servers and other facilities managed by Google Inc in Japan or abroad. Quadcept will not be liable for any leakage or loss of information, functional failure, or other accidents resulting from the use of Google Cloud beyond the extent of Google Inc's liability to Quadcept or Users in accordance with the terms of service set forth by Google Inc.

See also Google Cloud Terms of Service

Article 25(Assignment, etc. of Positions, etc.)

Neither the User nor Quadcept may assign, transfer, grant a security interest in, or otherwise dispose of to a third party, in whole or in part, the position under the License Agreement or the rights or obligations under the Terms of Use without the prior written consent of the other party. However, this shall not apply to stock transfers, business transfers, mergers, company splits, and other reorganizations.

Article 26(Management of Personal Information)

Quadcept will manage personal information related to the Quadcept Services in accordance with the "Privacy Policy" set forth by Quadcept.

Article 27(Severability)

  1. Even if some of the provisions of the Terms of Use are determined to be invalid under laws and regulations, the other provisions of the Terms of Use shall remain valid.
  2. If any provision of the Terms of Use is invalid or revoked in relation to one User, the Terms of Use shall remain valid in relation to other Users.

Article 28(How to deal with violations)

  1. Users should contact us if they discover any violations of the Terms of Use.
  2. Users shall not object to Quadcept's determination related to any violation of the Terms of Use.

Article 29(Amendment of the Terms of Use)

  1. Quadcept may amend the Terms of Use at any time in accordance with the provisions of Article 548-4 of the Civil Code, if any of the following items applies. The License Agreement executed after the amendment of the Terms and Use shall be governed by the amended Terms and Conditions.
    1. If the amendment of the Terms of Use serves general interests of the Users.
    2. If the amendment of the Terms of Use is not contrary to the purpose for which the agreement was made and is reasonable in light of the necessity of the amendment, the reasonableness of the amended content and its contents, and other circumstances pertaining to the amendment.
  2. When an amendment of Terms of Use is made, Quadcept shall set the effective date of the amendment and notify the Users of the contents and effective date of the amended Terms of Use at least two weeks prior to the effective date, by displaying the amended Terms of Use on the Quadcept Services or by any other method prescribed by Quadcept.
  3. Notwithstanding the provisions of Article 29.1 and 29.2, in the event that a User uses Quadcept Services after the amendment of the Terms of Use has been made known to the User pursuant to the Article 29.2, or in the event that a User does not take the necessary procedures for cancellation within the period specified by Quadcept, such User shall be deemed to have agreed to the amendment of the Terms of Use.

Article 30(Governing law)

The Terms of Use shall be governed by the laws of Japan.

Article 31(Agreed Jurisdiction)

Users and Quadcept shall submit all their disputes arising out of or in connection with the Terms of Use to the exclusive jurisdiction of Osaka District Court as the court of first instance.

Article 32(Other)

  1. Users shall comply with any rules separately stipulated by Quadcept with respect to matters not stipulated in the Terms of Use (“Rules”). In such case, the Rules will become an integral part of the Terms of Use.
  2. The Rules will become effective from the time they are posted in the place designated by Quadcept.
  3. In the event of any inconsistency or conflict between the Rules and the Terms of Use, the Terms of Use shall prevail.