Agreement


No. 1 Purpose
This agreement defines several terms regarding the various information and services related to financial matters provided by Brain Force Co., Ltd. (hereinafter called simply "our company")

No. 2 Definition
The terms to be used in the agreement have the specified meanings as the following.

1. Intellectual property right refers to the copyright, patent right, utility model right, trademark signs, design rights and other intellectual intellectual property rights（also, the right to acquire these rights or the right to apply for registration）
2. “Our company's website” refers to the various websites operated by our company in the domain brain-force@co.jp (in case the aforementioned domain or the content of each website is changed, regardless of the reason for the change, the website will include the concerned change. Also, our company may put additional information on the website)
3.	“User” refers to the individual or legal person who has registered (Fee based and Charge-free Services) to use our company's services
4.	“Our company's services” is the information and content related to financial matters provided by our company's website (including our company's addition to it or the additional service specified by our company), the concomitant or relating services provided by our company in this agreement via our company's website, email or services through other channels and all services (including when the content of the service is changed, regardless of the reason for change)
5. User agreement is the agreement formed between our company and user. User can use our company's service by agreeing to abide by the terms stated in this agreement.

No. 3 Provision of service to user by our company
Our company provides the following service to the users.
1.	Data regarding the ranking of stock investment
Through internet, our company provides the information about the ranking of the stock investment generated by the rating program originally developed by our company (include the latest information).


No. 4 User's fee
1. The monthly fee for user is 5dollers (tax included). Local residents in Japan can pay by credit card, while users from abroad can pay monthly by PayPal (by using the mail address, you can use PayPal account for online remittance through the online settlement system). Furthermore, we will not refund the paid fee under any circumstances.
2. Fee-based services will be available for one calendar month, renewed automatically. The services will be available from the day the user’s application for our services is completed.
3. Our  company will debit the service fee once, in the day the user applied for our services. From that day on, every month, 30 days from the application date (or the next business day, in case of bank holiday), our company will automatically claim the service fee to collection agencies.
4. For users who want to cancel the credit card or change the way of payment method, the deadline for the application is the 20th of each month. The requested change will be effective starting from the 1st of next month
5. If there is any conflict regarding the payment of user fee between the user and the credit card company or other acting charging company, it is assumed that it should be settled between the people concerned and our company is not concerned about such conflict and will not be responsible in that case.
 
No. 5 User ( Fee based and Charge-free Services) application
1. User shall do the application himself/herself. But when a person of limit legal capacity such as minors, a legal representative / adult guardianship person / a conservator etc can apply the service on behalf of the said person. Or an application is possible only when a legal representative / a conservator gives a person of limit legal capacity concerned an agreement of an application.
2. A user's application shall consent with this agreement and follow the application method specified by our company.

No. 6 Consent for an application ( Fee based and Charge-free Services)
1. When the user makes an application for a user contract by following the procedures specified by our company, the user is considered to have agreed with the user agreement after completing our company's registration.
2. When one decides to agree with the user agreement mentioned above, there is the case that our company may not approve the application concerned when we judge that there is a hindrance in consenting to the application.

No. 7 Termination of user contract ( Fee based and Charge-free Services)
1. The user contract will be ended on the last day of the month if the user follows the specific procedures stated by our company and finishes the termination procedures on the 20th of the month. In addition, if the deadline for terminating the user contract is not our company's working day, the deadline will be changed to the previous working day.
2. For users who want to terminate the user contract, he/she must follow the instructions of our company and settle all the payment with our company in one lump sum before/on the day of user contract termination as stated as above. In addition, we will not refund the user fee that has already been paid except when there is a cooling-off period if applicable.

No. 8 Change of registration data
When user wants to change the registration data, the user should inform our company by ways specified by our company without delay. For our company to make the requested change, the user will need to submit the necessary documents.

No. 9 Information update
1. Although it takes time to update the information provided by our company due to different reasons, our company will not be responsible for any delay about having needed time for update.
2. Our company will strive to provide accurate updated information to our users, however the accuracy of the content of the updated information is not guaranteed at all.

No. 10 Use of our company's service

1. Within the period of valid registration, user can use our company's service if he/she does not violate the terms specified in this agreement and follow the ways specified by our company.

2. User who wants to use our company's service should not do the following

2.1. Using the various information provided by our company's service for purposes other than getting the ranking information about stock investment for personal use (implying business purpose but not limited to that)

2.2. An act to consent to transfer, loan, deliver and recycle part of or all the information from our company's website content to the third person regardless of paid or free. Or any behavior to transfer the information provided by our company to others.

2.3. Violating the intellectual property right, the right of one's portrait, the right of privacy, reputation, other rights or interest of our company or the users of our company (implying slander, defamation, or claiming the product or service provided by third-party)

2.4. Behavior related to criminal behavior or against public order

2.5. An act in violation of inside rule of the trade group where user is belonged to against laws and ordinances.
 
2.6. Behavior of sending information containing computer virus or other programs damaging the computer.

2.7. Behavior of installing the information or software acquired by downloading from our company's website or other means in the user's computer.

2.8. Behavior of tampering the information related to our company's service 

2.9. Behavior interfering our company's operation of service

2.10. Other behavior considered as inappropriate by our company

3. When an act considered to be transferring information as stated before or behavior that our company considered to have the fear of the mentioned behavior, such information will be partly or completely deleted without informing the user. Our company will not be responsible for the damage that occurred due to any measures taken by our company based on this clause.

No.11 Management of password and user ID
1. User is responsible for managing and keeping his/her password and user ID and avoid  letting a third-party to use, loan, transfer and change name or sell such information.
2. Our company will not be responsible for any loss or damage if a third-party gets access to such information due to the ineffective management or misuse by the user.
3. User has to compensate for the loss to the company if he/she uses the password or user ID inappropriately and causes loss or damage to our company.
4. User should inform our company and follow our company's instructions if the password or user ID is being stolen and used by a third-party.
5. Our company will not be responsible at all if the user has the disadvantage for not being able to use our company's service due to the inability to inform our company regarding the previous clause or does not follow our company's instructions.

No.12 Termination or suspension of our company's service

1. Our company will terminate or suspend part or all of the use of our company's service without informing the user in advance if there is any behavior that fall into the following clauses.
1.1. When our company performs checking of computing system or maintenance work or emergency checking that affect our service.
1.2. Situations when computer stops due to telecommunication accidents.
1.3. Our company cannot provide service due to situations that cannot be avoided such as fire, power failure and natural disasters etc.
1.4. Other than that, when our company considers to have the need to stop or suspend the provision of service.
2. Our company will not be responsible for any loss or damage caused by the measures taken by our company due to reasons stated as the previous clauses.

No. 13 Right belong to our company's website

1. All the rights related to our company's website or service and the intellectual property right all belong to our company or the people which our company has given license to.

2. User should not perform any act that will infringe on the intellectual property right of our company or other people that have our company's consent for license for any reasons. (it  includes reverse assembling, reverse compilation, reverse-engineering, but not limited to this. ) User has to compensate for the loss to our company or a third-party if user performs the said behavior and causes loss to our company or a third-party.

No. 14 The reversion of right of the content

1. User cannot reproduce the content such as review, photographs etc posted on our company's website without the permission of our company for quotation. However, user can quote the appropriate range of content stated in No. 32 of the Copyright Act. All quotation should meet the following requirements.

1.1. Quotation with the purpose of introducing the existence of the content of our company's service to supplement the content of reports or research presentation. (showing abstracts without referring to the original article is not accepted).

1.2. Listing the name of the our company's service, following the original texts .

1.3. List the URL of the website being quoted and insert a link for the website if applicable.

1.4. Use quotation marks to show the part that is being quoted.
	 Moreover, the link for top page and other articles are free to use.

2. The content posted in our company's website such as review, photographs etc, our company will not be responsible for any loss caused due to referencing content or images.

No. 15 Cancellation of registration

1. Our company will temporarily suspend part or all of our company's service to the user or cancel the user's registration without prior notification or warning for any of the following reasons.

1.1. when user violates the articles stated in this agreement

1.2. when the registration data is identified as false

1.3. attempt to use or use our company's service and have the threat of causing damage to other users or third-party

1.4. interfering our company's operation regardless of the means

1.5. stop using our company's service for over 6 months and do not reply to the correspondence from our company

1.6. other situations where our company judges that it is inappropriate to continue the user's registration

2. Our company will not be responsible for any damage or loss caused to the concerned user when our company carries out an act to the user based on this agreement.

3. User can cancel his/her registration and end the user agreement by informing us by methods specified by our company.

4. When user wants to cancel his/her registration, he/she has to follow our company's instructions and return, dispose or destroy the software, manual or other things that are provided by our company related to our company's service.

No. 16 Denial of guarantee and exemption of responsibility

1. The final decision to invest on the stock rests on the user himself/herself. Our company will not be responsible for any loss or interest incurred in buying and selling based on the user investment judgement after using our company's service.

2. Our company does not have any kind of guarantee for the content of our company's service. And we will not be responsible for any loss or trouble to the user caused by referencing the content provided by our company. Upon finding mistakes in the content, our company will try to update the appropriate information. However, our company does not have the obligation to perform such update. Furthermore, our company does not have any kind of guarantee to the user even when user acquires information directly from our company or indirectly from our company's service.

3. It is the user’s responsibility and cost to investigate whether he/she has violated the law, inside rule of trade group etc that are applied to the user. Our company will not have any kind of guarantee regarding the law, inside rule of the trade group etc that are applied to the user even though the user uses our company’s service.

4. Our company will not be responsible for any compensation for the loss to the user caused by our company's service suspension, termination, inability to use or change, cancellation of user's registration, loss of information and breakdown or damage of machine.

5. Depends on the environment where user uses our company's service, it is possible that the user's computer cannot perform the download or other functions. However, our company is not responsible for any obstacle of machinery caused by the user's computer.

6. In cases of our company offering link of other websites or vice versa, our company will not be responsible for any information that is acquired from websites other than our company’s website.

No. 17 Analysis of information

1. Our company will provide and display the analyzed result in the market where the listed stock is active. Amongst the stock to be analyzed, the stock is listed in other markets. Also, our company will stick to the definition of preferred market by following the fixed rules.

2. Even if it is an analysis target stock, there are cases when our company cannot display the analysis about the stock when we judged that the analysis period is not long enough.

3. the logic of how to calculate the analysis result is not open to public

4. Even if it is an analysis object brand, there is the case that we cannot display the analysis result in certain circumstances.

5. There are cases that we change the analysis target stock without informing the user.

No. 18 Management of dispute and compensation for loss

1. User should compensate the loss to our company when he/she violates this agreement or causes damage to our company while using our company's service.In cases where user has dispute with other user or receives a claim from a third-party, user has to inform the content of the dispute to our company immediately. Upon request from our company, user should report the result of such dispute to our company.

2. If the user infringes on the rights of another user or a third-party, and the other user or third-party requests money from our company, then the user must compensate for the whole amount that our company pays the other user or third-party.

3. In cases when the regulations in this agreement is considered as ineffective or has limited effect by Consumer Contract Law or other laws and ordinances, our company has the responsibility to compensate the user based on Terms of Use or this agreement. However, the maximum amount of compensation will not exceed the cumulative user fee that the user has paid our company.

No. 19 Confidentiality

1. Confidential information in this agreement refers to all the information related to our company’s technology, operation, business, finance or organization that user acquired from our company, or that was disclosed or provided by us through written, verbal or other recording medium. However, it does not include (1) the information is already made known to the public or that it is already understood when our company provides or disclosed by our company, (2) after company’s provision or disclosure of information, (3) acquire legally from a third party who has the authority of provision or release who does not have the obligation to keep it confidential. (4) information that is developed individually which is not regarded as confidential information. (5) written confirmation from our company that it is necessary to keep the information confidential.

2. Based on this agreement, user can solely use our company's service for use purpose. User cannot provide, release or disclose our company's confidential information to a third party without a written confirmation from our company. 

3. User needs to get written consent from our company prior to copying any stated confidential information in the form of document or magnetic recording medium etc. The management of copied materials should be handled strictly following the previous clause.    

4.User shall give consent in advance that our company will analyze and process the data collected from user, and make statistical data which will be used for our company for developing new service, in marketing research or our business tied-up. In this case, we shall not be able to identify an individual user in a document when making the statistics data.

5. Our company will have to offer the information provided by the user and the registration content etc to a third party, police or other related organizations when user causes a disadvantage to a third-party, or when our company judges that the behavior of user has broken the law, or when our company is demanded co-operation from organizations that possess the authority including court of law, the Public Prosecutor's Office, police, lawyer's association, consumer center, or when our company judges that it is necessary to specify the report of illegal act or the person who commits the illegal act. 

6. Our company will use the user's registration data or personal information for other business provided that it is not against Clause 8 of this agreement.

7. Our company will disclose user's personal information when law, law of court or governmental organizations orders with compelling force, demand or request such disclosure. However, we will immediately inform the user about such order.

8. Established in this article, our company will follow the privacy policy (http://rogsi.net/privacy) in dealing with the personal information of a user, and the user shall have to agree such handling in advance.

No. 20 Period of validity

The user agreement will be continued effectively from the day of registration completion based on article 6 to the day when user cancels his/her registration. However, our company will cancel the contract and user's registration without informing or notifying the user in advance when user breaks this agreement.

No. 21 Amendment of this agreement

1. Our company can freely change the content of this agreement or the content of our company's service.（It includes the rules or regulations etc related to our company's service reported in our company's website and it is the same as the following article.）

2. When our company adds or changes the content of this agreement or our company's service, we will inform the user such change by email or announce it publicly on our company's website. After informing the user or publicly announcing the amended content, it is considered that the user agrees with the additional or changed content in this agreement or our company's service when user used our company's service or has not taken the procedure of registration cancellation during the period set by our company.


No. 22 Correspondence and notification

1. Any inquiry regarding our company's service, the correspondence or notification to our company from users, notification regarding the change of this agreement, and the correspondence or notification from our company to user has to be done in the ways specified by our company.

2. User shall agree that our company may inform the user regarding our company's service or other necessary items through email or mail, public announcement on our company's website or other ways considered as appropriate by our company. 

No. 23 Transfer of use agreement

1. User cannot transfer, move, set up security, or dispose the status or the rights and obligation stated in this user agreement to a third-party without our company's prior written agreement.

2. User shall agree with the right of our company to transfer our business to another company, in which we can transfer the status in a user contract, the rights and obligations based on the user contract, and customer’s information to a concessioner of the business transfer.

No. 24 Complete mutual agreement

Unless otherwise specified, this agreement forms the complete mutual agreement between our company and user regarding the matters stated in this agreement. Regardless of verbal or written, it shows the prior mutual agreement, declaration and understanding between our company and user regarding the matters stated in this agreement.

No. 25 Possibility of separation

The terms and conditions of this Agreement shall be deemed to be separable.  If any part or clause thereof is held to be invalid by consumer’s contracts or other ordinances, the other terms and conditions hereunder shall remain in full force and effect, and the user and our company shall exert themselves to legally enforce these remaining clauses or parts, and guarantee that their objectives will be equally effective both legally and economically.

No. 26 Continuation of rule

Article 2 and 3 of No. 10, No. 11 to No. 14, No. 16, No. 18, No. 19, No. 22, No. 27 and No. 28 will continue to be effective even upon the termination of user contract. 
No. 27 Governing law and jurisdiction court

The governing law of this agreement is based on Japanese law. All dispute caused by or related to this agreement, belong to the first trial of jurisdictional law of court under the Tokyo region court of law.

No. 28 Negotiation solution

For items that are not stated in this agreement or when the definition of this agreement is ambiguous, we strive for immediate solution by negotiation based on the principle of faith and honesty. 

No. 29 Others

User shall obey the other rules and judgments of our company for items that are not stated in this agreement

No. 30 Enquiry

If you have any queries, please contact us as the following

141-0021 10F Meguro-ekimae, AIOS 2-15-19, Kamiosaki,Shinagawa-ku, Tokyo, Japan

Mail: info@brain-force.co.jp

Brain Force Co.,Ltd./President's Office Judicial Affairs Team