CROSSY GLOBAL TERMS OF SERVICE

Article 1 (Purpose)

1. The purpose of these Terms is to establish the conditions governing the use of the Service (regardless of the type of device used, including personal computers, smartphones, and other devices, and including use via websites and applications) and to define the rights and obligations between the Company and the User.
2. Users shall comply with these Terms when using the Service.
3. By agreeing to these Terms, the Agreement is formed between the User and the Company.
4. The portions of the Service that constitute employment placement shall be provided by the Company as a fee-charging employment placement business operator under the Employment Security Act and other relevant laws and regulations.

Article 2 (Definitions)

The following terms as used in these Terms shall have the meanings set forth in the respective items below.

• (1)“Agreement” means the agreement for use of the Service entered into between the Company and a User, with these Terms as its contractual terms.
• (2)“User” means any corporation, organization, or individual that uses the Service, including Job Seekers, Business Operators, and any other person approved by the Company to use the Service.
• (3)“Business Operator” means a Recruiting Company, Employment Placement Agency, Registered Support Organization, Supervising Support Organization, Overseas Dispatching Organization, or any other person approved by the Company to use the Service.
• (4)“Job Seeker” means an individual who does not have Japanese nationality and who uses the Service to receive Job Postings, employment placement, introductions to Registered Support Organizations or Overseas Dispatching Organizations, information concerning recruitment, entry into Japan, or commencement of employment, or other support.
• (5)“Recruiting Company” means a corporation or organization that uses the Service to post Job Postings or seeks to receive introductions, recommendations, or information regarding Job Seekers from the Company, Employment Placement Agencies, Overseas Dispatching Organizations, or other Users.
• (6)“Employment Placement Agency” means a business operator that uses the Service to provide Recruiting Companies or Job Seekers with information related to employment placement, candidate introductions, job introductions, or other services. If the Company itself conducts employment placement, the Company shall also have the status of an Employment Placement Agency under these Terms.
• (7)“Registered Support Organization” means an organization registered with the Commissioner of the Immigration Services Agency that, upon entrustment by a Specified Skilled Worker Affiliated Organization, implements a support plan for Specified Skilled Worker (i) foreign nationals.
• (8)“Supervising Support Organization” means a non-profit organization established under the laws of Japan that, with the permission of the competent minister under the Employment for Skill Development Act, conducts supervising support business, such as intermediation of acceptance, audits, and consultation services, concerning supervised-type employment for skill development.
• (9)“Overseas Dispatching Organization” means a corporation, organization, or individual that, outside Japan, conducts recruitment, education, selection, referral of Job Seekers to Recruiting Companies or Employment Placement Agencies, travel-related support, or other operations related to the employment of overseas talent in Japan.
• (10)“Status of Residence” means a status granted under the Immigration Control and Refugee Recognition Act and other relevant laws and regulations according to the activities, status, or position that a foreign national may engage in or hold in Japan, including Engineer/Specialist in Humanities/International Services, Highly Skilled Professional, Specified Skilled Worker (i), Specified Skilled Worker (ii), Employment for Skill Development, and other statuses of residence.
• (11)“Residence Status Information” means information related to the acquisition, change, renewal, maintenance, or confirmation of a Status of Residence, including passports, residence cards, Certificates of Eligibility, visas, educational background, work history, qualifications, skills test results, Japanese Language Proficiency Test results, employment contracts, working conditions, support plans, notification status, and other related information.
• (12)“Job Postings” means information concerning job openings that a Recruiting Company enters, posts, or provides on the Service, including job categories, job duties, work locations, working conditions, application requirements, conditions concerning Status of Residence, and other information related to job openings.
• (13)“Job Seeker Information” means information concerning Job Seekers, including names, gender, dates of birth, nationalities, addresses, telephone numbers, email addresses, images, educational background, work history, qualifications held, Residence Status Information, information contained in resumes and similar documents, and other information entered by Job Seekers on the Service or provided to the Company, Employment Placement Agencies, Overseas Dispatching Organizations, or other Users.
• (14)“Payment Service” means credit card payment or any other payment method provided by the Company or a third party designated by the Company for payment of usage fees, referral fees, consideration for services provided by Overseas Dispatching Organizations, and other costs approved by the Company in connection with the Service.
• (15)“Content” means all information, text, images, videos, audio, data, and other content that Users may access on the Service or the Company’s website.
• (16)“Communication Devices” means smartphones, tablet devices, computer equipment, and other devices necessary to use the Service.

Article 3 (User Registration)

1. Any person wishing to use the Service shall register as a User in accordance with the procedures established by the Company, after agreeing to these Terms, the Privacy Policy separately established by the Company, and other regulations prescribed by the Company.
2. The Company may provide the Privacy Policy, consent acquisition screens, and other explanatory materials in the Job Seeker’s native language or in a language the Company deems appropriate.
3. Users warrant that the information provided to the Company at the time of registration and during the use of the Service is true, accurate, and up-to-date.
4. If there are any changes to the registration information, the User shall immediately update such information using the method prescribed by the Company.
5. If the Company determines that a prospective User falls under any of the following items, the Company may refuse User registration or, after registration, suspend use of the Service or cancel the registration.:

   • (1)If the registration information contains false statements, errors, or omissions
   • (2)If the prospective User has previously had use of the Service suspended or registration canceled due to a violation of these Terms or other grounds
   • (3)If the prospective User does not have the necessary licenses, registrations, notifications, or other qualifications required by law
   • (4)If the prospective User is, or may be, an Antisocial Force
   • (5)If the prospective User is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent or other approval of a statutory agent, guardian, curator, or assistant as permitted under applicable law
   • (6)If the Company otherwise determines that use of the Service is inappropriate.
6. Users shall not allow any third party to use, nor lend, transfer, sell, pledge, or otherwise dispose of, their accounts on the Service.
7. Users represent and warrant that they are 18 years of age or older and have registered after understanding the content of these Terms. If a User is under 18 years of age, the User’s parent or legal guardian must agree to these Terms and the Privacy Policy before the User begins using the Service.

Article 4 (Content of the Service)

1. The Service is a platform that supports the provision of information, progress management, and coordination among relevant parties concerning Job Seekers’ applications, employment placement, recruitment, acceptance, procedures related to Status of Residence, entry into Japan, commencement of employment, and retention.
2. Through the Service, the Company provides Job Seekers with all or part of the following services:

   • (1)Functions for registering, viewing, searching, and managing Job Postings and Job Seeker Information
   • (2)Support for matching with Business Operators
   • (3)Employment placement by the Company
   • (4)Functions for entering, saving, sharing, and managing progress regarding Residence Status Information
   • (5)Provision of information or introductions regarding Business Operators, administrative scriveners, other experts, or related organizations
   • (6)Other services provided by the Company through the Service.
3. Through the Service, the Company provides Business Operators with all or part of the following services:

   • (1)Support for matching with other Business Operators or Job Seekers
   • (2)Employment placement by the Company
   • (3)Functions for communication, information sharing, and progress management between Business Operators and Job Seekers
   • (4)Functions for entering, saving, sharing, and managing progress regarding Residence Status Information
   • (5)Provision of information or introductions regarding Business Operators, administrative scriveners, other experts, or related organizations
   • (6)Provision of or integration with credit card payment and other Payment Services
   • (7)Provision of information related to the recruitment, acceptance, entry, commencement of employment, and retention of Job Seekers
   • (8)Other services provided by the Company through the Service.
4. Except for employment placement conducted by the Company as a fee-charging employment placement business operator, the Company shall not be a party to any employment contract, outsourcing agreement, registered support entrustment agreement, overseas dispatching agreement, or other contract entered into between Users.
5. The Company does not, as a Registered Support Organization, implement support plans for Specified Skilled Worker (i) foreign nationals or perform any other core operations of a Registered Support Organization. Such operations shall be performed by Registered Support Organizations registered with the Service at their own responsibility and expense.
6. With respect to the Employment for Skill Development Program, the Company’s role is limited to providing information, and the Company does not perform operations as a Supervising Support Organization, implementing organization, dispatching organization, or any other party under the Employment for Skill Development Program.
7. The Company does not perform professional services requiring qualifications under laws and regulations, such as those of administrative scriveners or attorneys, except when the Company performs such services lawfully based on the relevant qualifications.
8. The Company does not guarantee the issuance of a Certificate of Eligibility, the issuance of a visa, entry permission, the acquisition, change, or renewal of a Status of Residence, hiring, commencement of employment with a company, commencement of work, or continuation of employment.

Article 5 (Employment Placement)

1. The Company may provide employment placement services to Recruiting Companies and Job Seekers in accordance with the Employment Security Act and other relevant laws and regulations.
2. When the Company provides employment placement, the Recruiting Company and the Job Seeker shall provide the Company with Job Postings, Job Seeker Information, working conditions, Residence Status Information, and other information required by the Company for employment placement in a truthful, accurate, and up-to-date manner.
3. Recruiting Companies shall clearly disclose to Job Seekers the terms and conditions of employment and other important matters related to hiring in accordance with applicable laws and regulations.
4. Job Seekers shall, at their own responsibility, provide the information and documents necessary for application, interviews, selection, job offers, the conclusion of employment contracts, Status of Residence applications, entry into Japan, and the commencement of employment.
5. The Company does not guarantee the accuracy, completeness, currency, legality, applicability to Status of Residence, or suitability for hiring of information provided by a Recruiting Company or Job Seeker.
6. Recruiting Companies and Job Seekers shall immediately report to the Company via the Company’s designated method in the event that an employment contract is concluded based on the Company’s employment placement services, or in the event of a job offer, commencement of employment, resignation within a certain period after commencement of employment, or any other circumstances specified by the Company.
7. If, within 12 months from the time of the Company’s introduction, a Recruiting Company hires, rehires, or enters into an employment contract with a Job Seeker introduced by the Company, whether directly without involving the Company or through a third party, the Recruiting Company shall pay referral fees and other costs to the Company in accordance with terms separately specified by the Company.

Article 6 (Usage Fees, Referral Fees, and Payment)

1. Usage fees, referral fees, payment processing fees, fees for services provided by Overseas Dispatching Organizations, and other costs incurred in connection with the Service shall be determined in accordance with the fee schedule, application form, individual contract, on-screen display, or other methods specified by the Company.
2. Use of the Service by Job Seekers shall be free of charge.
3. The Business Operator shall pay the referral fee separately specified by the Company when any of the following outcomes occur as a result of the Company’s employment placement services: the hiring of a Job Seeker, a job offer, the conclusion of an employment contract, the Job Seeker’s commencement of employment with the company, or any other fee-triggering event separately specified by the Company.
4. The timing of payment, payment methods, refund conditions, cancellation fees, refund conditions upon early resignation, treatment in the event of denial of a Status of Residence, and other matters concerning fees shall be governed by terms separately specified by the Company.
5. If a User delays payment, such User shall pay late payment damages at an annual rate of 14.6%.
6. The Company may outsource the Payment Service to a third party or integrate with a third-party payment system. The User shall comply with the terms and conditions established by such third party.

Article 7 (Management of User Information and Communication Equipment)

1. Users shall prepare, at their own expense and responsibility, the communication equipment, means of communication, communication environment, and other facilities necessary to receive the Service.
2. Users shall manage, at their own responsibility, the information, IDs, passwords, authentication credentials, and Communication Devices registered for use of the Service.
3. The Company shall not be liable for damages arising from insufficient management of User information, IDs, passwords, authentication information, or Communication Devices, errors in use, or use by third parties, except in cases where the Company has acted with intent or gross negligence.
4. If a User’s information, ID, password, authentication information, or Communication Devices are used by a third party, or if there is a risk of such use, the User shall immediately notify the Company and comply with any instructions provided by the Company.

Article 8 (Conditions for Provision of the Service)

1. The Company may suspend, modify, or interrupt all or part of the Service without prior notice to Users for reasons such as maintenance, system failures, suspension of external services, compliance with laws and regulations, or other circumstances the Company deems necessary.
2. The Company shall not be liable for any damages incurred by a User as a result of the preceding paragraph, except in cases where the Company has acted intentionally or with gross negligence.

Article 9 (Accuracy of Information and Prohibition of Misrepresentation)

1. Users shall not enter, post, transmit, register, or provide any information on the Service that is false, erroneous, misleading, omits material facts, or violates laws and regulations.
2. Business Operators must ensure that Job Postings, working conditions, job duties, work locations, compensation, working hours, holidays, employee benefits, hiring requirements, conditions concerning Status of Residence, and any other matters that may significantly influence a Job Seeker’s decision are truthful, accurate, and up-to-date.
3. Job Seekers must provide truthful, accurate, and up-to-date information regarding their name, nationality, address, contact information, educational background, work history, qualifications, skills, language proficiency, Residence Status Information, and other matters that significantly influence decisions regarding employment or Status of Residence.
4. Business Operators warrant that Job Postings, Job Seeker Information, Residence Status Information, fee information, and other information on the Service that they provide or enter on behalf of others is true, accurate, and up-to-date.
5. If a User becomes aware that the information they have provided contains errors, omissions, changes, or is out of date, they must immediately correct such information or report it to the Company.
6. If the Company determines that information on the Service contains falsehoods, errors, misleading representations, omissions of material facts, or may violate laws or regulations, the Company may, without prior notice to the relevant User, take necessary measures, including correcting, deleting, suspending the posting of, or suspending the use of such information.

Article 10 (Compliance Matters Regarding the Hiring of Job Seekers and Status of Residence)

1. Job Seekers and Business Operators must comply with the Immigration Control and Refugee Recognition Act, the Employment Security Act, the Labor Standards Act, the Labor Contract Act, the Minimum Wage Act, the Act on the Protection of Personal Information, the Specified Skilled Worker Program, the Employment for Skill Development Program, and other laws and regulations of Japan and relevant countries in relation to the recruitment, referral, hiring, employment, acceptance, acquisition, change, renewal, and maintenance of Status of Residence, entry into Japan, work, and livelihood support of Job Seekers.
2. Recruiting Companies shall, at their own responsibility, confirm that the job duties, work location, compensation, working hours, and other working conditions in which Job Seekers are to engage conform to the Status of Residence of the relevant Job Seeker.
3. Recruiting Companies must not allow Job Seekers to engage in activities outside the scope of their Status of Residence, illegal employment, work that does not conform to their Status of Residence, employment based on false working conditions, or any other acts that violate laws and regulations.
4. Recruiting Companies shall comply, with respect to Job Seekers, with compensation equal to or greater than that which would apply if Japanese nationals engaged in the same work and with other working conditions required by law.
5. Job Seekers shall provide truthful, accurate, and up-to-date information and documents necessary for the acquisition, change, renewal, and maintenance of their Status of Residence, as well as for entry into Japan and employment.
6. The Company does not guarantee the acquisition, change, renewal, or maintenance of a Status of Residence, the issuance of a Certificate of Eligibility, the issuance of a visa, entry permission, commencement of employment, continued employment, or completion of hiring.
7. If the Company determines that the job duties, work location, working conditions, or other details of Job Postings clearly do not conform to the Job Seeker’s Status of Residence category, the Company may refuse to post or relay such Job Postings.
8. The Company’s review under the preceding paragraph is merely procedural in nature, and the Company does not guarantee the applicability to, acquisition, change, or renewal of any Status of Residence.

Article 11 (Personal Information and Obtaining Consent)

1. The Company shall handle personal information in connection with the Service in accordance with the Privacy Policy separately established by the Company.
2. In using the Service, Job Seekers shall, pursuant to the Privacy Policy and consent acquisition screen separately established by the Company, fully understand and consent to the provision of their personal information, Job Seeker Information, and Residence Status Information to Business Operators, administrative scriveners, educational institutions, examination bodies, and other third parties necessary for provision of the Service.
3. The Company may provide the Privacy Policy, consent acquisition screen, and other necessary explanations in the Job Seeker’s native language or in a language the Company deems appropriate.
4. If Business Operators enter Job Seekers’ personal information, Job Seeker Information, or Residence Status Information on their behalf or provide such information to third parties, they must obtain the Job Seeker’s explicit consent in advance by writing, electromagnetic means, or another appropriate method that is clear and specific under laws and regulations and can be printed or reproduced in written form.
5. Users shall use personal information obtained through the Service only within the scope of the purposes of use of the Service, hiring screening, employment placement, registered support, overseas dispatching, Status of Residence-related procedures, or other legitimate purposes, and shall not use such information for any other purpose, provide it to third parties, wrongfully obtain it, or leak it.
6. If an incident involving personal information—such as leakage, loss, damage, unauthorized access, or other accidents—occurs or is likely to occur, the User shall immediately notify the Company and take necessary measures in accordance with the instructions of the Company and relevant authorities.
7. When the Company provides Job Seeker Information to Overseas Dispatching Organizations or other third parties located in foreign countries, the Company shall, in advance, provide the Job Seeker, in a language and manner that the Job Seeker can understand, with the name of the destination country, the system for the protection of personal information in that country, the measures taken by the recipient to protect personal information, and other information required by laws and regulations, and shall obtain the consent of the individual concerned.

Article 12 (Compliance with Laws and Regulations and Representations and Warranties)

1. The User shall comply with the laws and regulations, administrative guidance, guidelines, industry regulations, and other applicable norms of Japan and relevant countries in connection with the use of the Service.
2. Business Operators represent and warrant that they have lawfully obtained and maintain the licenses, registrations, notifications, and other qualifications required by law to conduct their business.
3. When hiring Job Seekers, Recruiting Companies shall comply with all legal obligations required of employers, including the obligation to clearly state working conditions, the issuance of written notices of working conditions, wage payments, occupational safety and health, social insurance, labor insurance, prohibition of discrimination, prevention of harassment, and reporting on the employment status of foreign nationals.
4. Employment Placement Agencies shall comply with the Employment Security Act and other laws and regulations concerning employment placement, and shall appropriately provide information to Job Seekers and Recruiting Companies, obtain consent, and manage records.
5. If the User is requested by the Company to confirm or submit documents regarding legal compliance status, permits, registrations, notifications, consent from the individual concerned, fee collection, Residence Status Information, or other matters related to the Service, the User shall promptly comply with such requests.

Article 13 (Intellectual Property Rights, etc.)

1. The Service, the Company’s website, the Company’s Content, and all copyrights, patent rights, utility model rights, trademark rights, design rights, know-how, and all other intellectual property rights relating thereto belong to the Company or to third parties that have licensed such rights to the Company.
2. Users shall not, without the Company’s prior consent, reproduce, reprint, publicly transmit, modify, adapt, sell, sublicense, or otherwise use the Service or the Company’s Content in any manner that exceeds the purpose of using the Service.
3. With respect to any information, text, images, videos, audio, data, or other content that a User posts, enters, publishes, or transmits on the Service, the User grants the Company a royalty-free, non-exclusive, sublicensable, and transferable right of use to the extent necessary for the provision, operation, improvement, advertising and promotion, legal compliance, and dispute handling of the Service.
4. The User shall not exercise the author’s moral rights with respect to the use described in the preceding paragraph.

Article 14 (Prohibited Acts)

In using the Service, Users shall not engage in any of the acts set forth in the following items.

• (1)Acts that violate these Terms
• (2)Acts that violate laws and regulations, administrative guidance, guidelines, public order and morals, or the purpose of the Service
• (3)Acts of providing information that is false, erroneous, misleading, or lacking material facts
• (4)Illegal employment, activities outside the scope permitted by Status of Residence, work that does not conform to Status of Residence, or acts that encourage any of the foregoing
• (5)Acts of creating, providing, or using false employment contracts, working conditions, Residence Status Information, educational background, work history, qualifications, test results, or other information
• (6)Acts of imposing security deposits, penalties, deposits, excessive fees, or other unreasonable monetary burdens on Job Seekers
• (7)Acts of forcing Job Seekers to borrow money or causing them to bear unreasonable debts
• (8)Acts of improperly retaining, confiscating, withholding, or managing a Job Seeker’s passport, residence card, identification card, or other important documents
• (9)Acts of unduly restricting a Job Seeker’s resignation, change of employment, withdrawal of an application, termination of a contract, termination of use of the Service, or return to their home country
• (10)Discriminatory treatment based on race, nationality, ethnicity, creed, sex, social status, family origin, religion, disability, sexual orientation, gender identity, age, previous occupation, membership in a labor union, or any other reason that is unreasonable under laws and regulations or socially accepted norms
• (11)Acts of violence, threats, confinement, forced labor, human trafficking, harassment, or other acts that infringe the human rights of Job Seekers
• (12)Acts that infringe the intellectual property rights, portrait rights, privacy rights, reputation, credit, or other rights or interests of the Company, other Users, or third parties
• (13)Unauthorized access to the Service’s systems, acts that impose an excessive load, or acts of transmitting computer viruses or other harmful programs
• (14)Acts of using the Service by macros, bots, scraping tools, or other automated means
• (15)Acts of using another User’s account or impersonating a third party to use the Service
• (16)Acts that harm the credit of the Company or the reputation of the Service
• (17)Acts of directly transacting with a Job Seeker or Recruiting Company introduced by the Company without going through the Company in an attempt to evade payment of fees or referral fees to the Company
• (18)Acts of improperly using a Payment Service, including chargebacks, payment refusals, impersonation payments, or other fraudulent payments
• (19)Acts of using the Service to provide new services or the like to third parties
• (20)Any other acts that the Company determines to be inappropriate.

Article 15 (Measures for Violations)

1. If the Company determines that a User has violated or is likely to violate these Terms, the Company may take all or part of the following measures without prior notice:

   • (1)Correction, deletion, or making non-public of posted information
   • (2)Suspension of use of all or part of the Service
   • (3)Suspension of an account or cancellation of registration
   • (4)Suspension or withholding of payment
   • (5)Suspension of provision of Job Postings, Job Seeker Information, or Residence Status Information
   • (6)Notification to relevant Users
   • (7)Reporting to or consultation with relevant authorities as required by law
   • (8)Other measures that the Company determines to be necessary and reasonable.
2. Even if the User suffers damage as a result of the Company taking the measures described in the preceding paragraph, the User may not raise any objection or make any claim against the Company, except in cases where the Company acted with intent or gross negligence.

Article 16 (Termination and Withdrawal)

1. If a User falls under any of the following items, the Company may terminate the Agreement and cause the User to withdraw from the Service without any notice or demand:

   • (1)If the User violates these Terms
   • (2)If registration information, Job Postings, Job Seeker Information, or Residence Status Information contains falsehoods, errors, or material omissions
   • (3)If the User loses any necessary licenses, registrations, notifications, or other qualifications required by law
   • (4)If there is suspicion of violation of laws and regulations, misconduct, human rights infringement, unjust fee collection, or encouragement of illegal employment
   • (5)If the User suspends payment or becomes unable to pay, or a petition is filed for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or any similar proceeding
   • (6)If the User fails to respond within a reasonable period to a request from the Company for confirmation, submission of materials, or corrective action
   • (7)If the User is, or may be, an Antisocial Force
   • (8)If the Company otherwise determines that continued use of the Service is inappropriate.
2. In addition to the cases listed in the preceding paragraph, the Company may terminate the Agreement and terminate the User’s membership by providing the User with at least 30 days’ prior notice.
3. The User may terminate the Agreement and withdraw from the Service by following the withdrawal procedures prescribed by the Company.
4. Even if the Agreement is terminated, the User shall not be relieved of any fees, referral fees, payment processing fees, liability for damages, or other debts owed to the Company or third parties that have already accrued as of the date of termination.
5. The storage, deletion, and use of Job Postings, Job Seeker Information, Residence Status Information, and other User information after the termination of the Agreement shall be governed by applicable laws and regulations, these Terms, and the Company’s Privacy Policy as separately established by the Company.

Article 17 (No Warranty and Disclaimer of Liability)

1. The Company does not warrant that the content of the Service is suitable for the User’s specific purposes, or that it possesses the expected functionality, accuracy, completeness, usefulness, validity, safety, continuity, or freedom from defects.
2. The Company does not warrant the accuracy, completeness, timeliness, legality, applicability to Status of Residence, suitability for employment, or credibility of information provided by Job Seekers, Business Operators, or other Users or third parties.
3. The Company does not guarantee the issuance of a Certificate of Eligibility, the issuance of a visa, entry permission, the acquisition, change, renewal, or maintenance of a Status of Residence, hiring, job offer, conclusion of an employment contract, commencement of employment with a company, commencement of work, continued employment, retention, or non-resignation.
4. The Company assumes no responsibility for judgments, dispositions, examinations, delays, inaction, business operations, or service quality of administrative agencies, overseas diplomatic missions, examination bodies, educational institutions, payment service providers, Registered Support Organizations, Overseas Dispatching Organizations, or other third parties.
5. The Company shall not be liable for support operations by Registered Support Organizations, dispatching operations by Overseas Dispatching Organizations, operations by administrative scriveners or other professionals, employment management by Recruiting Companies, or information provision by Job Seekers, except in cases where the Company has acted intentionally or with gross negligence.
6. Any disputes, problems, damages, costs, or liabilities arising between Users or between a User and a third party shall be resolved by the relevant User or third party at their own responsibility and expense, and the Company shall not be liable, except in cases where the Company has acted with intent or gross negligence.
7. The Company shall not be liable if the provision of all or part of the Service is impossible or delayed due to natural disasters, fires, power outages, communication failures, system failures, infectious diseases, war, civil unrest, riots, strikes, suspension of trade, actions by administrative agencies, amendments to laws and regulations, suspension of external services, or other force majeure events.
8. The Company shall not be liable for damages arising from a User’s failure to change registration information, failure to confirm notices, or failure to properly manage information on the Service.
9. Notwithstanding the provisions of these Terms, the Company shall not be liable for damages incurred by a User unless such damages are caused by the Company’s intent or negligence; provided, however, that if the Company is liable for damages to a User under applicable law, the Company shall be liable only within the limits set forth in Article 18, Paragraph 4.

Article 18 (Damages)

1. If damages, losses, expenses, claims, administrative responses, investigation responses, or claims from third parties are incurred by the Company due to a violation of these Terms, unauthorized use of the Service, violation of laws and regulations, provision of false information, improper handling of personal information, unjust fee collection, encouragement of illegal employment, or any other cause attributable to a User, the User shall compensate the Company for all damages incurred by the Company.
2. The damages referred to in the preceding paragraph include reasonable attorneys’ fees, expert fees, investigation costs, administrative response costs, system restoration costs, costs for measures to restore reputation, and payments to third parties.
3. If the Company is liable to a User for damages, except in cases where the Company has acted intentionally or with gross negligence, the Company’s liability shall be limited to actual, direct, and ordinary damages, and shall not include special damages, lost profits, indirect damages, data loss, loss of business opportunities, or attorneys’ fees.
4. If the Company is liable to a User for damages under applicable law, except in cases where the Company has acted intentionally or with gross negligence, the amount of compensation shall be capped at the greater of the cumulative total of Service usage fees actually paid by that User to the Company during the six months immediately preceding the date on which the damages occurred or JPY 50,000.

Article 19 (Changes, Suspension, and Discontinuation of the Service)

1. The Company may modify, add to, or discontinue all or part of the Service if the Company deems it necessary.
2. If the Company discontinues provision of the Service, it shall notify Users or make the discontinuation known to Users by a method that the Company determines to be appropriate; provided, however, that this shall not apply in an urgent and unavoidable case.
3. The Company shall not be liable for any damages incurred by Users as a result of changes, suspension, or discontinuation of the Service pursuant to this Article, except in cases where the Company has acted with intent or gross negligence.

Article 20 (Confidentiality)

1. The User shall strictly and appropriately manage as confidential all technical, business, operational, and other non-public information regarding the Company, other Users, or third parties that the User may become aware of in connection with the use of the Service, and shall not disclose, provide, or leak such information to any third party, nor use it for any purpose other than the intended use of the Service, without the prior consent of the disclosing party.
2. Notwithstanding the preceding paragraph, the following information shall not be deemed Confidential Information:

   • (1)Information already in the User’s possession at the time of disclosure;
   • (2)Information that was already in the public domain at the time of disclosure;
   • (3)Information that became public after disclosure through no fault of the User;
   • (4)Information lawfully obtained from a third party;
   • (5)Information independently developed or created by the User without reference to Confidential Information;
   • (6)Information required to be disclosed by law or by order of a court, administrative agency, or other public authority.
3. Upon termination of the Agreement or upon request by the Disclosing Party, the User shall promptly return, destroy, or delete the Confidential Information and shall not use it thereafter.
4. The provisions of this Article shall remain in effect for three years following the termination of the Agreement. However, with respect to personal information and trade secrets, such provisions shall remain in effect for as long as protection is required by law or due to their nature.

Article 21 (Exclusion of Antisocial Forces)

1. Each User and the Company represents and warrants that neither it nor its officers, beneficial owners, key employees, or agents falls under any category of organized crime group, member of an organized crime group, person for whom five years have not elapsed since ceasing to be a member of an organized crime group, quasi-member of an organized crime group, organized crime group-affiliated company, corporate racketeer, racketeer posing as a social activist, special-intelligence violent group, or any person equivalent thereto.
2. Each User and the Company undertakes not to engage, directly or through a third party, in violent demands, unreasonable demands beyond legal responsibility, threatening words or conduct, violence, spreading rumors, damaging credit or obstructing business by fraudulent means or force, or any acts equivalent thereto.
3. If the Company determines that a User has violated or is likely to violate the preceding two paragraphs, the Company may terminate the Agreement and suspend the User’s use of the Service without any notice or demand.
4. The Company shall not be liable for any damages incurred by a User as a result of termination or suspension of use pursuant to the preceding paragraph.

Article 22 (Handling of Inquiries and Complaints)

1. The Company shall endeavor to respond to inquiries from Users regarding the Service within a reasonable scope. However, except where the Company is obligated to do so under laws and regulations or these Terms, the Company shall not be under any obligation to respond.
2. If the Company receives a complaint, report, or consultation regarding Users, the Company may, to the extent it deems necessary, take measures such as confirming details with the relevant Users, suspending the provision of information, suspending service use, or other necessary actions.
3. Inquiries regarding the Service shall be directed to the inquiry contact point separately designated by the Company.

Article 23 (Transfer of Status, etc.)

1. Without the Company’s prior consent in writing or by electromagnetic means, a User may not assign, transfer, create a security interest over, or otherwise dispose of all or part of its status under the Agreement or its rights or obligations under these Terms to any third party.
2. If the Company transfers the business related to the Service to a third party or conducts a company split, merger, or other organizational restructuring, the Company may, by notifying or making such matter known to Users in advance, cause its status under the Agreement, rights and obligations under these Terms, User Information, and other information related to the Service to be succeeded to by the transferee or successor, and Users consent to this in advance.

Article 24 (Severability)

1. Even if any provision or part thereof of these Terms is deemed invalid, illegal, or unenforceable under applicable laws, the remaining provisions and the remaining parts of these Terms shall remain in full force and effect.
2. Even if any provision or part thereof of these Terms is deemed invalid, illegal, or unenforceable in relation to a particular User, the remaining provisions shall remain in full force and effect in relation to other Users.

Article 25 (Term of the Agreement)

1. The term of the Agreement shall be from the time the Agreement is formed until the User withdraws from the Service or the Agreement is terminated or otherwise ends for any reason.
2. Even after the termination or expiry of the Agreement, the provisions of Article 6, Paragraph 4; Article 7, Paragraph 3; Article 8, Paragraph 2; Article 11; Article 13; Article 14; Article 15; Article 16, Paragraphs 4 and 5; Article 17; Article 18; Article 19, Paragraph 3; Article 20; Article 21, Paragraph 4; Article 24; and Articles 27 through 29 shall survive to the extent necessary by their nature.

Article 26 (Amendments to These Terms)

1. The Company may amend these Terms if any of the following items applies:

   • (1)The amendment to these Terms conforms to the general interests of Users
   • (2)The amendment to these Terms does not conflict with the purpose for which the contract was made and is reasonable in light of the necessity of the amendment, the reasonableness of the amended content, and the circumstances relating to the amendment
2. When amending these Terms, the Company shall make known to Users the content of the amended Terms and the effective date by displaying them on the Service, by email, or by any other method that the Company determines to be appropriate.
3. If a User uses the Service after the amended Terms take effect, or if the User fails to complete the withdrawal procedure within the period specified by the Company, such User shall be deemed to have agreed to the amended Terms.
4. In addition to the provisions of the preceding three paragraphs, the Company may amend these Terms upon obtaining the User’s consent.

Article 27 (Governing Law)

These Terms and the Agreement shall be governed by the laws of Japan. However, with respect to consumers who are Job Seekers, this Article shall not preclude the application of mandatory provisions of the laws of the consumer’s habitual residence.

Article 28 (Agreed Jurisdiction)

The Tokyo District Court shall be the exclusive court of agreed jurisdiction in the first instance for any and all disputes arising between a User and the Company out of or in connection with these Terms or the Agreement; provided, however, that with respect to consumers who are Job Seekers, this Article shall not preclude the application of statutory rules concerning international jurisdiction.

Article 29 (Miscellaneous)

1. With respect to matters not provided for in these Terms, the User shall comply with any separate rules, guidelines, fee schedules, application forms, individual terms, or other regulations established by the Company.
2. The detailed rules, etc., referred to in the preceding paragraph shall take effect from the time they are posted on the Service, sent via email, displayed on the application screen, or otherwise presented by methods specified by the Company.
3. In the event of any inconsistency or conflict between these Terms and the detailed rules, etc., these Terms shall take precedence unless otherwise specified in such detailed rules, etc.
4. If there is any inconsistency or conflict between the Japanese version of these Terms and any translated version, the Japanese version shall prevail. However, if a native-language version of the Privacy Policy, a consent acquisition screen, or other individual explanatory materials are presented to Job Seekers, the content of those materials may apply with respect to the handling of personal information and the acquisition of consent.