RakAPIt Terms and Conditions of Service

Terms and conditions of service of RakAPIt stipulate the relationship of the users of RakAPIt and Human Crest. This Agreement is applied to each and every matter arising from the use of this Service.

Article 1 (Definitions)

For the purpose of this Agreement, the following terms shall have the meaning as defined below:

1. "This Agreement" shall mean Terms and Conditions of Services of RakAPIt;
2. "Human Crest" shall mean Human Crest Co., Ltd.; and
3. "This Service" shall mean RakAPIt

Article 2 (Service Contents)

1. This Service is a service to provide a test platform that automates API tests in a cloud environment in which users can access on a website provided by Human Crest using a browser. This Service allows the user to design and implement API tests as well as save and browse the results.
2. This Service is composed of a free service version and a paid service version in which Human Crest may change the composition of this Service arbitrarily.
3. Human Crest may change the specification of this Service without prior notice to users.

Article 3 (Application and Modification of this Agreement)

This Agreement shall apply for using this Service.

1. In the event that any amendment of this Agreement is required due to revision of laws and regulations, change of social conditions, or other circumstances, Human Crest may amend this Agreement according to Paragraph 4 of Article 548 of the Civil Code (Amendment to Standard Terms of Contracts).
2. When Human Crest is amending this Agreement based on the stipulation of the preceding paragraph, Human Crest shall specify the effective date of the amendment and notify items described below by posting the information on the website of Human Crest and/or by other means.

① Implementation of amendment of this Agreement;

② Details of the amended Agreement; and

③ Effective date.

Article 4 (Account Application)

1. The user shall read this Agreement and agree to all the terms and conditions (including actions indicating that the user has agreed with this Agreement by pressing a button, placing a checkmark in a check box, or by a similar action, and has applied for using this Service) before applying to create an account for using this Service according to the procedure specified by Human Crest.
2. The Service Use Contract with the provisions stipulated in this Agreement (hereinafter referred to as “this Contract”) shall be executed when Human Crest accepts the user’s account application.
3. The user may be required to submit documents for verifying its location as a company or an individual with respect to its account contents. Human Crest may reject the account application when such documents cannot be submitted.

Article 5 (Non-Acceptance of Account Application by Human Crest)

1. Human Crest may not accept the user account application when the user falls under any of the following:

   (1）Any action that infringes or may infringe intellectual property rights (copyright, design right, patent right, utility model right, trademark right, know-how, etc.) or other rights of other users of this Service, of a third party, or of Human Crest;

   (2）The account application process specified by Human Crest was not followed;

   (3）False information was registered at the account registration;

   (4) Human Crest determines that the use of this Service may interfere with this Service or the operation of the system for this Service;

   (5) Human Crest determines that the account application may have been handled with the purpose to research the business operation of Human Crest

   (6) Human Crest determines that the application was handled by a person of the same trade

   (7) Human Crest determines that the person is of an organized crime group or a person who used to be a member of an organized crime group and for whom five years have not passed since ceasing to be a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, corporate racketeers, blackmailer advocating a social cause or a special intelligence organized crime group, or a person of any other criminal force similar or analogous to any of the foregoing (hereinafter referred to as "antisocial forces").

2. Human Crest shall assume no responsibility to the user for any damages incurred by not accepting an account application.

Article 6 (Change of Account Information)

1. When the account information is changed, the user shall update the information properly in the method specified by Human Crest.
2. Human Crest shall assume no responsibility to the user for any damages incurred by not changing the information pursuant to the preceding paragraph.

Article 7 (Management of Login ID)

All users shall assume their responsibility to manage their own login ID and password related to the account by taking measures such as regularly changing them to avoid being disclosed. Human Crest acknowledges a person as an authorized user by confirming its login ID and password as identical to the registered ones in a certain method. In the event that someone other than the user uses this Service because of theft or illegal use, or under any other circumstances, Human Crest assumes no responsibility to the user for any damages incurred by any unauthorized use of the account.

Article 8 (Account Suspension or Termination of this Contract by Human Crest)

1. In the event that a user falls under any of the following items, for any reason whatsoever, Human Crest may stop providing this Service, suspend the account for this Service and/or terminate this Contract regardless of any reason. In such an event, when the user causes any damages to Human Crest, Human Crest can claim compensation from such user.

   (1) Human Crest finds that the user has registered false information on its account;

   (2) Any action that violates this Agreement was observed;

   (3) Human Crest determines that the user has committed or may have committed the prohibited acts defined in Article 14 (Prohibited Actions for User);

   (4) Human Crest finds that the user is the same as the user who has breached this Agreement or any other agreement for the services Human Crest provides;

   (5) Human Crest determines that the user may obstruct this Service or the system management;

   (6) Human Crest determines that the use is possibly to research for Human Crest’s nature of business;

   (7) The user causes damage to Human Crest’s interests, intentionally or negligently;

   (8) The user falsifies Human Crest’s contents in this Service;

   (9) The user uses its account or password improperly;

   (10) The Service was allowed to be used by any other user of other services or by any other third party without obtaining permission from Human Crest;

   (11) Payment of this Service usage fee was not made by the payment due date;

   (12) Human Crest determines that the user is a person of antisocial forces; or

   (13）Human Crest determines the user as inappropriate for using this Service due to reasons other than preceding items.

2. Human Crest shall not be held responsible for any damages to the user arising from the suspension of this Service, that of the account, or the termination of this Contract due to the preceding paragraph.

Article 9 (Termination of this Contract by User)

1. To terminate this Contract, the user shall give Human Crest notice of its intention in the manner specified by Human Crest.
2. The termination of this Contract under the preceding paragraph shall take effect on the day when Human Crest receives the notice from the user.
3. The user shall be responsible for any obligations on the day of the termination arising during the period when this Contract has remained in force until the user performs all the obligations even after the termination of this Contract.
4. Any payments that the user has made under this Contract are not refundable. The user shall agree to this refund policy.
5. Human Crest will stop the provision of this Service after the notification of termination of this Contract is received from the user. Human Crest may delete information related to users of this Service at the discretion of Human Crest.

Article 10 (Notice from Human Crest)

1. In the event that Human Crest needs to notify the user of anything, Human Crest notifies at any time in a manner Human Crest deems appropriate such as sending emails, documents, or publishing on Human Crest’s website.
2. If the notice is published on Human Crest’s website, the notice shall be deemed to have reached the user on the date when published on the website. If the notice is sent by email, it shall be deemed to have reached the user at the time the email is sent to the email address that was notified by the user.

Article 11 (Service Usage Fee)

1. The fee specified in the price list separately specified by Human Crest shall apply for the service usage fee.
2. Human Crest shall calculate the usage fee and charge to users.
3. Human Crest may change the usage fee similar to the stipulation of Article 3 without obtaining agreement from users.
4. When any change of usage fee has occurred based on the stipulation of the preceding paragraph, Human Crest shall promptly notify users.
5. Any fee related to this Service paid by users to Human Crest shall not be reimbursed for any reason whatsoever.
6. In the event that use of this Service is finished (including transfer from paid service to free service), the usage fee shall not be exempted for whatever the reason for finishing this Service and the user shall pay the usage fee until completion of the contract period of the paid service (the user will not receive any reimbursement of the paid usage fee).

Article 12 (Start of Services)

1. After concluding this Contract, the user shall select the desired service type from this Service and shall use such service type.
2. In the preceding paragraph, when the service that the user desires to use is a paid service, the paid service shall be available after completing the payment process through the payment method specified by Human Crest.
3. Human Crest specifies the use period of a paid service according to the usage fee in which the user can use the paid service during the period corresponding to the usage fee paid to Human Crest.

Article 13 (Suspension or Termination of Paid Service By Human Crest)

Human Crest may suspend or terminate the use of a paid service by a user when such user falls under any of the following items:

(1) Exceeded the paid service use period specified in advance; or

(2) The user did not pay the usage fee.

Article 14 (Prohibited Actions for User)

The user shall not commit any of the following actions when using this Service:

(1) Any action that violates or may violate intellectual property rights pertaining to copyrights, patents, design rights, utility model rights, trademarks, and know-how of another user, any third party, or Human Crest;

(2) Any action that violates or may violate assets, credibility, reputation, privacy, and rights of the image of another user, any third party, or Human Crest;

(3) Any action that sends information to harm another user’s or any third party’s body, life, freedom, reputation, or assets;

(4) Any action that is disadvantageous or may be disadvantageous to another user or any third party or Human Crest;

(5) Any action that provides information for another user or any third party which offends or may offend public order and morals;

(6) Any action that violates or may violate any law or regulation, any action that is a criminal act or may form a criminal act, or any action that aids and abets those;

(7) Any action that interferes or may interfere with the operation of this Service or any other service or any action that becomes or may become detrimental to Human Crest’s credibility and/or reputation;

(8) Any action that uses or provides malicious program, code, or file including software virus through this Service or related to this Service;

(9) Any action that sends, receives, or publishes information by pretending to be another person;

(10) Any action that the user sends (email, comment, trackback through or in association with this Service) via this Service of Human Crest, massively or randomly, to an unspecified large number of people against their wishes, or any action that sends information by email to a large number of email accounts without prior approval;

(11) Any action that illegally uses, transfers, or lends an account, login ID, password, IP address, or email address;

(12) Any action that does or may provide, resell, or transfer a similar service to this Service to any third party via this Service, regardless of whether or not compensation is received;

(13) Any action that makes any device not to receive maintenance and/or support from the device manufacturer by modifying the device or the operation system in the device;

(14) Any action that makes illegal access to another user, any third party, or Human Crest’s server and computer;

(15) Any action that puts an extra burden on the server or network;

(16) Any action that exploits or misuses any malfunction such as bugs;

(17) Any action that registers false information to Human Crest;

(18) Any action that commits or may commit any of the prohibited actions stated in this Agreement; or

(19) Any other action Human Crest determines as inappropriate.

Article 15 (Liabilities for Service)

1. Human Crest shall strive to maintain and manage the facilities for this Service to be provided smoothly; provided that the user shall understand that this Service may be stopped due to unforeseen circumstances.
2. Human Crest shall not be held responsible for any damages arising from such a case not using this Service temporarily except when there is any intentional or gross negligence by Human Crest.

Article 16 (Privacy Policy and Legal Compliance)

1. As a general rule, Human Crest will not disclose or provide personal information to any third party, nor use the information beyond the purpose of providing this Service. The user shall consent that Human Crest handles the user’s personal information acquired by Human Crest according to Human Crest’s Privacy Policy stipulated separately.
2. The user shall consent and agree that Human Crest shall own and reserve all the rights of the recorded information such as user device testing log, remote operation log, or other related various processing results arising from the user’s use of this Service.
3. The user shall consent and agree that Human Crest may use the information Human Crest acquires under the preceding paragraph for the purpose of improving this Service and other services Human Crest operates, use such information for the purpose of statistics and analysis in the method of both personal information and user information which are undisclosed, and grant to any third party the license to use such information.

Article 17 (Compensation for Damages)

1. Human Crest shall not be responsible for any loss or damages that may be incurred by the use of this Service, nor shall Human Crest have any obligation to make compensation for the damages except when there is any intentional or gross negligence by Human Crest.
2. For any reason whatsoever, Human Crest shall not be held responsible for any damages arising from deleting the user’s registered or published information, or suspending or terminating the user’s qualification, and stopping, suspending, or terminating this Service except when there is any intentional or gross negligence by Human Crest.
3. If the user causes losses to another user or any third party with the use of this Service, the user shall resolve it with its responsibility and expense, and shall not do any harm to Human Crest. In the case, if the other user of this Service and/or the third party attributes responsibility to Human Crest and Human Crest pays damages, settlement money, or other losses, or expends court costs (including attorney’s fees and cost of legal proceedings), the user shall immediately reimburse the losses and expenses Human Crest has paid.
4. If the user’s mass distribution of email makes an impact on the operation of this Service, Human Crest may bring a criminal accusation against the user for forcible obstruction of business or claim damages from the user.
5. If the user does harms to us in breach of this Agreement, or commits unjust or illegal acts, Human Crest may claim damages from the user.

Article 18 (Disclaimers)

1. If the user suffers damages arising from a delay, change, suspension, or termination of this Service provided, leakage or loss of the information provided through this Service, or any other issues in relation to the use of this Service, Human Crest shall not be held responsible for any the damages except when there is any intentional or gross negligence by Human Crest.
2. Human Crest shall not be held responsible for any damages arising from defects, impediments, faulty functioning, or malfunctioning of the device, software, or communication network for this Service except when there is any intentional or gross negligence by Human Crest.
3. Human Crest shall not warrant any accuracy, security, legitimacy, validity, or appropriateness of the test results acquired through the use of this Service. Human Crest shall not be held responsible for any damages the user suffers due to the test results.
4. Human Crest shall strive to make this Service available at all hours. The user uses this Service with the understanding that Human Crest does not warrant occupation time, operating environment, and communication environment for any device.

Article 19 (Governing Law)

The execution, effectiveness, performance, and interpretation of this Agreement shall be governed by the laws of Japan.

Article 20 (Consultation and Jurisdiction)

1. Any questions arising with respect to interpretation of this Agreement shall be settled by Human Crest within a reasonable scope.
2. The Tokyo Summary Court or the Tokyo District Court of Japan depending on the amount sued shall be the exclusive jurisdictional court of the first hearing for any disputes arising from this Service between the user and Human Crest.
3. This Contract shall become effective on December 11, 2020.