MDK Terms Of Service

For your convenience, we provide this translated version. This translation is for informational purposes only. In the event of any discrepancies, the Japanese version of these terms shall take precedence.

These Terms of Service (hereinafter referred to as the “Terms”) set forth the terms and conditions for using the Services (as defined in Article 1) by the Customer (as defined in Article 1). The Customer is required to fully review the Terms and agree to all of the terms and conditions before using the Services.

Article 1: Definitions

SDK

Software Development Kit (SDK) and related libraries, tools, documents, etc. provided by Nissin Denki Kohsaku CO., LTD (hereinafter referred to as the “Company”)
Official Websites

The official websites of the SDK operated by the Company.
Services

The SDK and any services provided in connection therewith.
Customer

Individuals or organizations that use or intend to use the Services
User Account

User name and password provided to the Customer for authentication and access of the services.
development environment

Sets of software and hardware necessary to use the services.

Article 2: Adaption and Modification of Terms

The Customer must agree to the Terms when implementing the SDK and starting to use the Services. Upon agreeing to the Terms, the Customer enters into a contract with the Company incorporating the Terms (hereinafter referred to as the “Contract”).
Any guidelines, usage rules, policies, service-specific terms of use, etc. (hereinafter referred to as the “Guidelines”) posted within the SDK or the Official Websites shall form part of the Terms. In the event of any inconsistency between the Terms and the Guidelines, the provisions of the Guidelines shall take precedence.
The Company may modify the Terms at any time without prior consent from the Customer. The modified Terms shall take effect upon posting on the Official Websites, unless otherwise specified by the Company. The Company may provide prior notice of modifications to the Terms and their contents on the Official Websites within a reasonable period determined by the Company.
By using the Services after the Terms have been modified, the Customer will be deemed to have accepted the modifications. If the Customer does not accept the modifications, the Customer may not use the Services.
The Customer shall periodically visit the Official Websites to review any modifications to the Terms and their contents posted on the Official Websites, even if no notification has been provided to the Customer by the Company.
The Company shall not be liable for any damages incurred by the Customer as a result of modifications to the Terms or a failure to review the modifications as outlined in the preceding paragraph.

Article 3: Introduction of the Services

The Customer shall install the SDK on the Customer’s own development environments. In the case where the Customer is a minor, the SDK may also be installed on development environments owned by the Customer’s legal representative, including but not limited to a person with parental authority (hereinafter referred to as the “Legal Representative”), who has granted permission for the Customer to use those development environments.
The Customer shall, at the Customer’s own expense and responsibility, prepare all necessary software, telecommunications services, Internet access services, and any other equipment and services required to use the Services.
The Customer shall not hold more than one User Account.
The Company shall not be liable for any damages suffered by the Customer as a result of the Customer’s lending, exchanging, transferring, selling, trading, or pledging development environments on which the Customer has installed the SDK.

Article 4: Use by Minors

If the Customer is a minor, the prior consent of the Legal Representative is required to use the Services, including but not limited to consent to the Terms. If the Customer uses the Services without obtaining such consent, the Company may terminate the Contract or suspend the Customer’s access to the Services.
If the Customer who was a minor at the time of agreeing to the Terms uses the Services after reaching the age of majority, the Customer shall be deemed to have ratified any use of the Services during the period when the Customer was a minor.
The Company may impose age-based restrictions on Customer’s use of some or all of the Services. The details and conditions of these restrictions will be outlined separately on the Official Website.

Article 5: Assignment of User Accounts and Management Responsibility

For the purpose of authentication and access to the Services, the Company will assign a User Account to each Customer. The User Account may be assigned separately for each of the Services, or it may be shared across the Services.
Customer shall be fully responsible for the use and management of the User Account assigned to the Customer.
Any use of the Services through the Customer’s User Account shall be deemed to have been made by the Customer, who shall be responsible for all usage fees and any other liabilities incurred as a result of such use. The Company shall not be liable for any damages incurred by the Customer due to the use of the User Account by third parties including but not limited to other users of the Services.
Customer shall not lend, exchange, transfer, sell, buy, trade for cash, or pledge the User Account, and shall not allow any third parties including but not limited to other users of the Service to use the User Account by any means.

Article 6: Usage Fees

The amount of the usage fee, the due date, and the method of payment shall be specified on the Official Websites.
The Company may modify the amount of the usage fee, the due date, or the method of payment at any time without prior consent from the Customer. Such modifications shall take effect upon posting on the Official Websites, unless otherwise specified by the Company. The Company may provide prior notice of modifications and their contents on the Official Websites within a reasonable period determined by the Company.
The Customer shall pay the usage fee in accordance with the payment terms and conditions separately stipulated by the payment service provider (hereinafter referred to as "Payment Service Provider"), as specified by the Company for the payment method.
In the event of any dispute arising between Customer and the Payment Service Provider regarding the payment of the usage fee, Customer shall handle and resolve the dispute directly with the Payment Service Provider, and the Company shall not be liable for any such dispute.
The usage fees paid by the Customer are non-refundable, unless the Company provides separate instructions. This also applies in cases where the Customer is unable to use the Services due to interruptions or defects in the communication or internet connection services used by the Customer.

Article 7: Personal Information and its Handling

When using the Service, the Company may collect personal information (as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information of Japan) and other related information about the Customer (hereinafter collectively referred to as the “Personal Information”).
The Company will handle the Personal Information collected from Customer appropriately, in accordance with the "Privacy Policy" separately posted on the SDK or on the Official Websites (which can also be accessed directly through the link in the SDK). By using the Services, the Customer agrees to the handling of Personal Information in accordance with such "Privacy Policy.”

Article 8: Posting of Information on the Services

The Customer shall bear full responsibility for any information submitted by the Customer (hereinafter referred to as the "Submitted Information").
The Customer shall warrant and represent that the Submitted Information, as well as the Company's use of the Submitted Information in accordance with the Terms, will not infringe upon any intellectual property rights, privacy rights, portrait rights, or any other personal rights or interests of third parties (hereinafter collectively referred to as the "Rights and Interests").
The Customer shall resolve any complaints, lawsuits, or other disputes arising between the Customer and third parties regarding the Submitted Information, at the Customer’s own responsibility and expense. The Company shall not be liable for any such disputes.
The Company may use the Submitted Information in any manner, including but not limited to reproducing, transmitting, providing to third parties, investigating its content, investigating fraudulent activities related to the Services, utilizing it for advertising and promotional activities both within and outside of the Services, and using or modifying the Submitted Information in these manners. The Company may also permit third parties to use the Submitted Information for these purposes. The Customer shall grant the Company and third parties the right to use the Submitted Information free of charge, for an indefinite period, and without any conditions.
If the Company determines it necessary, the Company may review the Submitted Information and suspend or delete the publication of all or part of the Submitted Information, both before and after it is made public, without prior notice to the Customer.

Article 9: Handling of Information

The Company may, after reviewing the Customer's information, delete, move, or make any other changes to it, in the event that any of the following apply.
1. When the provision of the Services is terminated.
2. When the Services is transferred to another service operated by the Company or third parties.
3. When the Company determines that the Customer has violated the Terms, including but not limited to cases where the Company determines that the content or creation process of the information violates the Terms.
4. When the Company deems it necessary for the operation and maintenance of the Services.
5. When the Company deems it necessary for other reasons.
The Company is under no obligation to make any changes to the Customer's information.
The Company shall not be liable for any damages incurred by the Customer or any third parties as a result of the Company's implementation or non-implementation of changes to the information in accordance with paragraph 2.

Article 10: Prohibitions

When using the Services, the Customer shall not engage in any of the following acts, or any acts that may pose a risk of leading to the following acts.

To cause anxiety, intimidate, embarrass, stalk, or offend any third parties.
Use of language that is sexually suggestive, threatening, racially discriminatory, illegal, vulgar, obscene, defamatory, or otherwise offensive.
Impersonating an officer or employee of the Company or its affiliated companies, or any other individual with a direct relationship with the Company or the Services, including but not limited to contractors, consultants, or partners.
Slander, falsehood, or any other statements that damage or harm the reputation, honor, or trustworthiness of third parties.
Engaging in commercial transactions, commercial advertisements, exchanging contraband, soliciting for organizations, or conducting religious activities.
Formation and activities of organizations with beliefs based on religion, race, sex, ethnicity, human rights or any other discrimination or prejudice, or with the intent to engage in commercial activities.
Acts in violation of international law, the Constitution, laws, ordinances, or other regulations.
Acts that contravene public order and morals, or acts that incite or assist such acts.
Criminal acts, illegal acts, or acts connected to such acts, or acts that incite or assist in such acts.
Acts that may lead to suicide or self-injury, or actions that incite or assist in such acts.
Acts that induce or encourage youths to run away from home.
Acts that wish to meet or associate with persons with whom one is not acquainted, or to encourage such persons to do so, or to invite such persons to engage in romantic relationships.
Acts that adversely affect or impede the personal development or sound upbringing of minors, or hinder their well-being.
Acts committed for the purpose of engaging in sexual or other indecent acts, acts of displaying obscene content, child pornography, or child abuse materials, acts of selling media containing such content, or acts of displaying or transmitting information that suggests, promotes, or encourages the transmission, display, or sale of such content.
Impersonating an individual or entity, whether real or fictitious, or engaging in any other similar acts, including but not limited to the use of someone else's user account.
Collecting, storing, disclosing, or transmitting personal information of third parties, or attempting such actions.
Engaging in the act of receiving an excessive number of User Accounts.
Act of lending, exchanging, transferring, changing the ownership of, buying, selling, exchanging for cash, pledging, providing collateral, or any other method to third parties for any User Account or any other data, whether within or outside the Services, or any act of preparation to induce, encourage, or advertise such acts.
Unauthorized access, impersonation of another customer, including but not limited to using the password of another Customer.
Interfering with communications, intercepting communications, intruding into servers that run the Services, or stealing information.
Transmitting or posting computer viruses or other illegal information.
Infringing the intellectual property rights or any other rights of the Company or any third parties
Using bugs or other defects in the Services for fraudulent purposes, or inciting or assisting in such use.
Acts that take advantage of any condition not intended by the Company, including but not limited to malfunction of the Services, to gain illegal benefits for oneself or third parties, or any act that instigates or aids in such acts.
Development, distribution, or use of unauthorized tools, unauthorized applications, pirated versions of the SDK, or other programs designed to abuse the Services, or any act that induces or encourages third parties to commit such acts.
Deletion, alteration (including but not limited to data falsification), modification, adaptation, creation of derivative works, decompiling, disassembling, or reverse engineering of this SDK or the Official Website, or any act that induces or encourages third parties to commit such acts.
Redistribution, lending, resale, or any other form of transfer of part or all of the SDK, including but not limited to the copying of the SDK.
Interfering with the operation of the Services
Acts that the Company has notified the Customer about, or announced on the SDK or the Official Websites as prohibited acts, whether before or after the Customer's agreement to the Terms.
The act of using the SDK to develop products that compete with the Company's business or products.
Acts that violate the Terms
Any other acts that the Company deems inappropriate.

Article 11 Confidentiality

The Customer shall not disclose any non-public information contained in the Services to third parties.
The obligations under this article shall survive the termination of the Contract.

Article 12: Suspension or Restriction of Use of the Service

The Company may immediately suspend the Customer's use of all or part of the Services if it determines that the Customer falls under any of the following conditions.

When an act prohibited by the preceding article is committed, or when other violations of the Terms are found or are likely to occur.
When fraudulent acts are found in connection with the payment of usage fees.
When payment has been suspended or treated as invalid by the Payment Service Provider.
When a petition for the commencement of bankruptcy or civil rehabilitation proceedings is filed against the Customer, or when the Customer files such a petition.
When it is found that a third party has used the Customer’s User Account.
Or when the Company determines that its operations are otherwise hindered.

Article 13: Termination of the Contract

The Contract shall terminate upon the occurrence of any of the following events.
1. The suspension or deletion of the User Account by the Customer or the Company.
2. The termination of the provision of the Services.
The Company may terminate the Contract if the Customer falls under any of the following conditions.
1. When the Customer or the User Account used by the Customer has previously been subjected to a suspension or termination of the agreement related to the Services or any other services provided by the Company.
2. When there is no actual use of the Services for a period of time separately determined by the Company.
3. When the Customer has been subjected to a suspension of use based on the preceding article and the Customer does not prove that the Company made an error in judgment within one (1) year from the date of suspension.
4. When the Customer has been subjected to a suspension of use based on the preceding article and does not resolve the cause of the suspension within the specified period of time despite the Company's subsequent demand.
5. In the event of the death of the Customer. (the Company shall have no obligation to investigate the cause of death.)
6. When the Customer violates the Terms.
7. In the event that the Company deems it inappropriate or impossible to provide the Services to the Customer.
Notwithstanding the preceding paragraph, the Company may immediately terminate the Contract without prior notice if the Company determines that the Customer falls under any of the items of the preceding article and that the Customer is interfering with the Company's performance of its business.
The Company shall not be liable for any damages incurred by the Customer as a result of the termination of the Contract pursuant to this Article.

Article 13: Change, Termination and Suspension of the Services

The Company may change all or part of the contents of the Services without prior notice to the Customer.
The Company may, at its discretion, terminate the Services, in whole or in part. In such cases, except in cases of emergency, the Company shall make a public announcement or provide prior notice to the Customer regarding such termination by any method the Company deems appropriate.
The Company may suspend provision of the Services temporarily or for an extended period of time without prior public announcement or notice to the Customer in the event of any of the following events. In such cases, except in cases of emergency, the Company shall make a public announcement or provide prior notice to the Customer regarding such suspension by any method the Company deems appropriate.
1. Periodic or emergency maintenance or repair of hardware, software, telecommunications equipment, facilities, and all other resources used in the provision of the Services.
2. Interruption of communication lines including but not limited to the Internet and mobile phone lines.
3. Force majeure, including but not limited to natural disasters.
4. Fire, power failure, or other unforeseen accidents.
5. War, disputes, uprisings, riots, or labor disputes.
6. Other cases in which the Company deems it necessary to suspend the provision of the Services.
The Company shall not be liable for any damages incurred by the Customer as a result of any modification, termination, or suspension of the Services pursuant to this Article.

Article 15: Disclaimer

The Customer acknowledges that the content of the Services and the manner in which it is provided may change from day to day. The Company does not guarantee the permanence of the existence, content, or delivery method of the Services.
The Company makes no warranty with respect to any of the following regarding the Services and shall not be liable for any of the following.
1. The absence of bugs or other defects in the Services, as well as the completeness and reliability of the Services.
2. The uninterrupted availability of the Services in any environment, the functionality of the Services to operate in all development environments, and the overall compatibility of the Services with various systems.
3. The completeness, accuracy, applicability, and usefulness of the information provided on the Services and any other information obtained through the use of the Services by the Customer.
4. The integrity of information preservation, including but not limited to ensuring that the Submitted Information and information used in the Services are not lost.
5. The absence of infringement on the Rights and Interests or any other rights of third parties by the Services.
The Company shall not be liable for any social, emotional, or physical damages incurred by the Customer as a result of use that deviates from socially accepted standards.
The Company shall not be liable for any damages incurred by the Customer due to unauthorized access to the Services, infiltration of computer viruses, or other acts by third parties.
In the event that the Customer causes damage to a third party or enters into a dispute with a third party as a result of the Customer's use of the Services, the Customer shall resolve the dispute at the Customer’s own responsibility and expense, and shall not hold the Company liable for any responsibility arising therefrom. The Customer shall compensate or indemnify the Company for any damages or expenses (including but not limited to reasonable attorneys' fees) incurred by the Company as a result of any dispute between the Customer and a third party.

Article 16: Compensation for Damages

In the event that the Customer causes damage to the Company due to a breach of the Terms or any other reason attributable to the Customer, the Customer shall compensate the Company for such damage. If such damage has occurred or is likely to occur, the Company may request an injunction against the act that caused or may cause the damage.
In the event that the Company causes damage to the Customer for reasons attributable to the Company, the Company shall compensate the Customer for said damage. However, the scope of the Company's obligation to compensate for damages shall be limited to the total amount of the usage fees received by the Company from the Customer, and shall be limited to damages directly incurred by the Customer as a result of use of the Services, excluding lost profits, consequential damages, or other indirect damages.

Article 17: Rights and Interests for the Services

Intellectual property rights to all images, videos, text, programs, and any other information provided to the Customer by the Company in the Services (hereinafter collectively referred to as the “Contents”) shall belong to the Company or any party that has granted the Company permission to use such Contents (hereinafter referred to as the “Licensor”). The Customer shall not reproduce, transmit, or otherwise use the Contents without the permission of the Company or the Licensor, and shall not allow any third parties to use the Contents, except as permitted under the Copyright Act in Japan or other applicable laws and regulations.
Intellectual property rights to all images, videos, text, programs, and any other information provided to the Customer by the Company in the Services (hereinafter collectively referred to as the “Contents”) shall belong to the Company or any party that has granted the Company permission to use such Contents (hereinafter referred to as the “Licensor”). The Customer shall not reproduce, transmit, or otherwise use the Contents without the permission of the Company or the Licensor, and shall not allow any third parties to use the Contents, except as permitted under the Copyright Act in Japan or other applicable laws and regulations.
The names of people, companies, products, services, and other names displayed in the SDK or on the Official Website (hereinafter collectively referred to as the “Trademarks, etc.”) include names for which the Company or a third party has trademark rights or other rights of use. Although the Company may state on the SDK or the Official Website that the Trademarks, etc. are registered trademarks of the Company or a third party, the Company or a third party may have the right to use the Trademarks, etc. even if they are not so stated.
The Terms shall not be construed as an assignment or license of the Trademarks, etc. to The Customer or any third party. The Customer shall not apply for trademark registration of the Trademarks, etc.
The Customer shall not apply for registration of, apply for transfer of, or exercise any intellectual property rights related to the Services.
The Customer retains intellectual property rights in any software developed by the Customer using the SDK, but the Customer may not claim any intellectual property rights to the SDK itself.

Article 18: Validity of Terms

If any provision of the Terms is determined to be invalid under any law or regulation, the validity of the other provisions shall not be affected.
If any provision of the Terms is determined to be invalid or revoked in relation to some Customers, this shall not affect its validity with other Customers.

Article 19: Exclusion of Anti-Social Forces

The Customer represents and warrants that the Customer is not currently a crime syndicate, a member of a crime syndicate, a person who has ceased to be a member of a crime syndicate within the past five years, a quasi-member of a crime syndicate, a company affiliated with a crime syndicate, a racketeer group, a group engaging in criminal activities under the pretext of conducting social campaigns, a crime group specializing in intellectual crimes, or any other equivalent group or individual (hereinafter collectively referred to as “Anti-Social Forces”). The Customer further represents and warrants that the Customer does not fall under any of the following items and that the Customer will not fall under Anti-Social Forces or any of the following items at any point in the future.
1. Having a relationship in which Anti-Social Forces are deemed to control management
2. Having a relationship in which Anti-Social Forces are deemed to be substantially involved in management.
3. Having a relationship that is deemed to involve the use of Anti-Social Forces, such as for the purpose of making unjustified profit for the Customer or a third party, or for the purpose of inflicting damage on a third party.
4. Having a relationship with Anti-Social Forces that is deemed to involve such forces in the provision of funds, etc., or the provision of favors, etc.
5. An officer or a person substantially involved in the management of the Customer has a socially reprehensible relationship with Anti-Social Forces.
The Customer shall ensure that the Customer will not commit any of the following acts, by the Customer or through a third party.
1. Violent demands
2. Unreasonable demands beyond legal responsibility
3. Use of threatening words or deeds or violence in connection with transactions
4. Acts of spreading rumors, using deceptive means or force to damage the other party's credibility or obstruct the other party's business
5. Other acts similar to the preceding items
If it is found that the Customer falls under Anti-Social Forces or any of the items of Paragraph 1, or commits any act falling under any of the items of the preceding paragraph, or makes a false declaration regarding the representations and warranties under Paragraph 1, the Company may terminate the Contract without any notice to the Customer, regardless of whether or not there are any reasons attributable to the Customer.
The Customer acknowledges and agrees that if the Company terminates the Contract pursuant to the preceding paragraph, the Customer shall not be liable to compensate the Company for any damages incurred.

Article 20: Special terms and Conditions

Special terms applicable to only some of the Services shall be stipulated in the Special Terms section at the end of the Terms, together with the name of the applicable Service.

Article 21: Governing Law and Jurisdiction

The Terms shall be governed by and construed in accordance with the laws of Japan.
Any problem between the Customer and the Company in connection with the Services shall be resolved through mutual consultation in good faith between the two parties. If a resolution cannot be reached through consultation, the Osaka District Court shall have exclusive jurisdiction as the court of first instance.

Special Remarks

None