This Terms of Service of theAmethyst Service(the "Terms of Service") represent the agreements between JADE K.K. (the "Company") and the User (as defined in Article 1 hereof; the same shall apply hereinafter) with respect to the use of the Amethyst Service (the "Service") provided by the Company. In using the Services, the User shall agree to and comply with the Terms of Service, the rules and other provisions set forth by the Company incidental to the Terms of Service (collectively the "Rules" and the Rules and the Terms of Service are collectively referred to as the "Terms of Service, etc.").

1. General Provisions

Article 1 (Definitions)

Definitions of terms used in the Terms of Service shall be as set forth in the following items:

(1) The “User” shall mean the entity which enters into the Usage Agreement with the Company under the Terms of Service and buys the Service from the Company.

(2) The “Usage Agreement” shall mean the agreement concluded between the Company and the User pursuant to the Terms of Service with respect to the provision of the Service.

(3) The “Usage Agreement, etc.” shall mean the Usage Agreement and the Terms of Service collectively.

(4) The “User Equipment” shall mean computers, telecommunications facilities, and other equipment and software installed by the User to use the Service.

(5) The “Equipment for the Service” shall mean the computer, telecommunications equipment, and other equipment and software installed by the Company for the provision of the Service.

(6) The “Cloud Service” shall mean the cloud service which the Company uses to provide the Service.

(7) The “Provider of the Cloud Service” shall mean the service provider of the Cloud Service.

Article 2 (Application of the Terms of Service)

1. The Company shall provide the Service in accordance with the Terms of Service.

2. In the event the provisions of the Rules differ from the Terms of Service, the provisions of the Rules shall prevail over the Terms of Service.

Article 3 (Notice)

1. Unless otherwise specified in the Terms of Service, etc., the Company may notify the User by e-mail, written notice, posting on the Company's website or other means deemed appropriate by the Company.

2. In the event the notice is sent by e-mail or posted on the Company's website pursuant to the preceding paragraph, such notice to the User shall become effective when the e-mail is sent or posted on the Company's website, respectively.

Article 4 (Changes of the Terms of Service)

1. The Company may change the Terms of Service from time to time. The terms and conditions of use and other contents of the Usage Agreement shall be governed by the revised Terms of Service.

2. In the event of any change as set forth in the preceding paragraph, the Company shall notify the User of the contents of the revised new Terms of Service with a 10-day notice period.

Article 5 (Prohibition of Assignment of Rights and Obligations)

The User shall not transfer all or part of his/her/its position under the Usage Agreement, or rights or obligations under the Usage Agreement to any third party without prior written approval from the Company.

Article 6 (Damages and Limitation thereon)

1. The Company and the User shall compensate for any damage caused to the other party due to any reason attributable thereto or breach of the Usage Agreement.

2. Notwithstanding the preceding paragraph, the scope of liability for damages incurred by the Company to the User with respect to the Service or the Usage Agreement, etc., regardless of liability for default, liability for tort, or any other legal cause of claim, shall be limited to ordinary damages actually incurred by the User as a direct cause of the reason attributable to the Company or a breach of the Usage Agreement, etc., and shall not include any special damages regardless of the existence of the Company's recognition, foresight, or possibility of such damages.

3. The amount of compensation for damages incurred by the Company against the User shall not exceed the amount set forth below:

(1) The average monthly usage fee accrued in the past 12 months calculated from the last day of the previous month (including the first day of the period) in which such event occurred; and

(2) In the event that the period from the last day of the month (including the first day of the period) in which such event occurs to the commencement date of the Service is less than 12 months, the average monthly usage fee accrued for such period (less than one month rounded down) for one month.

Article 7 (Exemption from Liability)

1. The Company shall not be liable for any damages incurred by the User, etc. due to any of the following reasons, regardless of the liability for default, liability for tort, or any other legal cause of claim:

(1) Force Majeure including acts of God, disturbances, riots, and infectious diseases;

(2) Failure of the User's connection environment, such as failure of the User Equipment or failure of the internet connection service up to the Equipment for the Service;

(3) Invasion of computer viruses of the type for which virus patterns or virus definition files are not provided by the third party with respect to computer antivirus software introduced by the Company from a third party into the Equipment for the Service;

(4) Unauthorized access by a third party to the Equipment for the Service that cannot be protected even with the care of a good manager, or interception via an attack or communication channel;

(5) Damage caused by non-compliance by the User with procedures, security measures, etc., as set forth by the Company;

(6) Damage caused by software (including but not limited to OS, middleware, etc.) and databases that are not related to the Company's manufacturing among the Equipment for the Service;

(7) Damage caused to the Equipment for the Service due to hardware not related to the Company's manufacturing;

(8) Damage caused by defects in telecommunications services provided by telecommunications carriers;

(9) Compulsory measures based on Article 218 of the Criminal Procedure Act (seizure, search, and inspection by warrant), and the provisions of the Law Concerning Wire Tapping for Criminal Investigation, and other court orders or compulsory measures based on laws and regulations;

(10) Damage with respect to the work by the re-entrusted party in the event there is no reason attributable to the Company, such as negligence, for the appointment or supervision of the re-entrusted party; and

(11) Any other reason not attributable to the Company.

2. The Company shall not assume any responsibility for any dispute arising between the User and any third party as a result of the use of the Service by the User, etc.

Article 8 (Separation)

Even though any part of the Usage Agreement, etc. is invalid, the validity of the entire Usage Agreement, etc. shall not be affected, and with regard to the invalid part, the valid provision that is closest to the purport of the applicable part shall be replaced with the invalid part.

Article 9 (Jurisdiction, Governing Law)

1. Any dispute between the User and the Company arising out of or in connection with the Term of Use shall be subject to the exclusive jurisdiction of the Tokyo District Court in Japan in the first instance.

2. The Usage Agreement, etc. shall be governed by and construed in accordance with the laws of Japan.

3. The governing language of the Term of Use shall be Japanese. Any translations such as English translation hereof are made for reference purpose only. In the event any translations hereof differ from the Japanese version the Japanese version shall prevail.

Article 10 (Consultation, etc.)

In the event of any doubt regarding any matter not stipulated in the Usage Agreement, etc. or any items stipulated therein, both parties shall settle such dispute in good faith after due consultation.

2. Conclusion of the Usage Agreement, and the contents of the Service

Article 11 (Conclusion of Usage Agreement, etc.)

1. The Usage Agreement shall be concluded when the applicant for the Service submits to the Company a prescribed application form for use of the Service (the "Application Form for Use") and the Company sends written, FAX or e-mail notice of acceptance. The applicant for the Service shall apply for the Service after accepting the contents of the Terms of Service. At the time when the applicant for the Service makes an application, the Company shall deem that the applicant for the Service has accepted the contents of the Terms of Use.

2. Notwithstanding the provisions of the preceding paragraph and other provisions of the Terms of Use, the Company may not enter into a Usage Agreement in the event the applicant for the Service or the User falls under any of the following items: In this case, the Company shall not be obliged to disclose the reason for not concluding the Usage Agreement.

(1) In the event the Usage Agreement with the applicant has been terminated due to a breach of the Usage Agreement, etc. by such applicant;

(2) In the event there is a false entry, error, or omission in the Application Form for Use;

(3) In the event there is a risk of neglecting the performance of obligations under the Usage Agreement, etc., including monetary obligations; and

(4) In the event the Company determined to be inappropriate.

3. The Usage Agreement shall become effective when the Company accepts the application for use by the applicant and the User pays the Company the initial fee separately set forth thereby.

Article 12 (Notice of Change)

1. In the event of any change in the name or trade name, address of the head office or domicile, contact address, or any other matters of the Application Form for Use related to the User, the User shall notify the Company by 30 days prior to the scheduled date of the change in the manner set forth by the Company.

2. The Company shall not assume any responsibility even in the event the User has suffered damage due to non-arrival of notice or for any other reason due to the failure of the User to give notice in accordance with the preceding paragraph.

Article 13 (Contents of the Service)

1. The Company will use API published by search engines, etc. in search engines and other services designated by the Company ("Search Engines, etc.") to obtain information such as the access status of websites managed by the User provided by the service providers of such search engines, etc., and provide services to supply such information for the User.

2. The Company will provide unique user ID and password to the User when he/she/it begins using the Service.

3. The Company may store and use the information obtained pursuant to paragraph 1 hereof, and the User hereby agrees to do so in advance.

4. The User shall use the Service after accepting the matters listed in the following items:

(1) Defects not attributable to the Company (including but not limited to defects of the Cloud Service) may occur in the Service, including those listed in each item of paragraph 1 of Article 7; and

(2) The Company shall not be responsible for any failure of the Service not caused by the Company.

5. The Service shall not include inquiries about software and hardware, troubleshooting, or any other inquiries about the contents or changes of data related to the Service.

Article 14 (Period of Use)

1. The period of use of the Service shall be the period selected by the User out of the list designated by the Company at the time of the application for use set forth in paragraph 1 of Article 11 (the "Period of Use") from the date of commencement of use as set forth in the notice of acceptance of use; provided, however, that in the event neither the Company nor the User gives notice to the effect that the Usage Agreement will not be renewed one month prior to the expiration date of the Period of Use, and the Usage Agreement shall be extended for the period equivalent to the Period of Use from the day following the expiration date of the Period of Usein the same manner and the same shall apply thereafter.

2. The Company may change the type, the content, the usage fees, of the Service, and other details of Usage Agreement after the renewal by notifying the User of the change details of the Usage Agreement 30 days before the expiration of the Period of Use.

3. Use Fee, etc.

Article 15 (Use Fee)

1. The User shall pay use fee to the Company in consideration of the use of the Service during the Period of Use in accordance with the table of use fee set forth by the Company.

2. The user shall pay the usage fee and consumption tax (collectively the "Use Fee, etc.") as specified by the Company. The cost and other expenses required for payment shall be borne by the User.

3. The User shall pay the Use Fee, etc. by the due date set forth in each of the following items: The Company shall not refund any Use Fee, etc. already paid for any reason whatsoever.

(1) In the event the User chooses to pay monthly amount, the amount for the corresponding month designated by the Company separately shall be paid by the day designated by the Company separately; or

(2) In the event the User chooses to pay the annual amount, the amount for the corresponding year designated by the Company separately shall be paid by the day designated by the Company separately.

4. In the event of a dispute arising between the User and a third party (including but not limited to financial institutions, settlement agent, etc.) used for the payment of the Use Fee, etc., the User shall be responsible for resolving such dispute under his/her/its own expense, and the Company shall assume no responsibility whatsoever.

Article 16 (Default Interest)

1. In the event the User fails to perform the obligation based on the Usage Agreement, etc. such as payment of use fee even after the due date for payment has passed, the User shall pay the amount calculated at the rate of 14.6% per annum as default interest from the due date to the payment date collectively with the use fee and other liabilities of the Service by the way designated by the Company by the date designated by the Company.

2. The cost and other expenses required for payment set forth in the preceding paragraph shall be borne by the User.

4. User's Obligations

Article 17 (Self-responsibility)

1. The User shall use the Service at his/her/its own responsibility, and the Company shall not be responsible for the accuracy, usefulness, and fitness for the purpose of the User, of information obtained by the Company as set forth in Article 13.

2. In the event any damage is caused to a third party (whether domestic or overseas; the same shall apply hereinafter in this article) due to reasons attributable to the User using the Service or a claim is made by a third party, the User shall be responsible for handling and resolving such claim at his/her/its own expense.

Article 18 (Managing ID and Passwords)

1. The User shall not disclose, lend or share user ID and password to third parties, and shall strictly manage them (including changing password from time to time) so as not to leak them to third parties. In the event the User himself/herself/itself or any other person suffers damages due to inadequate control of the user ID and password, errors in use, or the use by a third party, the Company shall not be held liable for any damages.

2. In the event a third party uses the Service using the User's user ID and password, such acts shall be deemed to be acts of the User. In addition, in the event the Company suffers damages from such acts, the User shall compensate for such damages; provided, however, that this provision shall not apply the event the user ID and password are used by a third party by the Company's intent or negligence.

Article 19 (Establishment and Maintenance of Equipment for Use of the Service)

1. The user shall set up the User Equipment at his/her/its own expense and responsibility under the conditions set forth by the Company and maintain the User Equipment and the environment for the use of the Service.

2. The User shall, at his/her/its own responsibility and expense, use telecommunications services of telecommunications carriers, etc., to connect User Equipment to the internet.

3. In the event of any defect in the User Equipment, internet connection as set forth in the preceding paragraph, or the environment for the use of the Service, the Company shall not be obligated to provide the Service to the User.

4. In the event the Company deems it necessary for maintenance, operation, or technology with respect to the Service, the Company shall be entitled to conduct monitoring, analysis, investigation, and other necessary acts with respect to the data provided or transmitted by the User, etc. in the Service.

Article 20 (Prohibitions)

1. The User shall not engage in the following acts with respect to the use of the Service:

(1) Conduct that causes a third party to use the Service or selling the right to use the Service to a third party in violation of the Usage Agreement, etc.; provided, however, that this shall not apply to the cases where such User uses the Service to smoothly provide the services provided by such User to a third party, and such use is made in his/her/its own name and on his/her/its own account (excluding the acts which cause doubt to the Company or a third party in this regard). For the avoidance of doubt, an act by such User requesting such third party to pay an amount equivalent to the use fee for the Service or a part thereof, and an act by such User explaining to such third party that the fee for services provided by such User includes an amount equivalent to the use fee for the Service or a part thereof shall be deemed to be prohibited by this item;

(2) Any act that violates laws and regulations or public order or morals, or adversely affects the Company or any third party;

(3) Acts of falsifying or deleting the contents of the Service and information available through the Service;

(4) Acts of using the Service by pretending to be a third party;

(5) Transmitting harmful computer programs such as viruses;

(6) Acts of notifying or publishing to third parties as if the Service were provided by the User;

(7) Acts of notifying or publishing to third parties as if the User were in a business alliance or other similar relationship with the Company;

(8) Acts that interfere or threatened to interfere with the use or operation of third party facilities (including but not limited to the Cloud Service) or the Equipment for the Service;

(9) Acts that infringe or threatened infringe upon the copyrights, trademark rights, or other intellectual property rights of the Company or any third party;

(10) Acts of encouraging such act while knowing that the act falls under any of the preceding items; and

(11) Any other act deemed by the Company to be inappropriate.

2. The User shall immediately notify the Company in the event he/she/it comes to know that any act falling under any of the items of the preceding paragraph has been committed or threatened to be committed.

3. With respect to the use of the Service, in the event the Company becomes aware that the acts of the User fall under any of the items in paragraph 1 or that the information provided by the User is information related to any of the acts in the items in paragraph 1, the Company shall be entitled to suspend the provision of the Service in whole or in part without prior notice to the User. The Company shall not be liable for any damage suffered by the User as a result of this.

5. Suspension of Service Provision, etc.

Article 21 (Temporary Suspension of Provision)

1. In the event of any one of the following, the Company may suspend the provision of the Service without requiring prior notice or approval from the User:

(1) The event maintenance is performed due to a failure of the Equipment for the Service (including but not limited to a failure of the Cloud Service);

(2) The event it is unavoidable for operational or technical reasons;

(3) The event the Service cannot be provided due to force majeure such as natural disasters; or

(4) Other events there are justifiable grounds similar to those listed in the preceding items.

2. The Company may temporarily suspend the provision of the Service for the purpose of conducting a periodic inspection of the Equipment for the Service.

3. In the event the User falls under any of the items in paragraph 1 of Article 23 or the User breaches the Usage Agreement, etc., the Company shall be entitled to suspend the provision of the Service in whole or in part without requiring prior notice or notice to the User.

4. The Company shall not be liable for any damage incurred by the User, etc. or any other third party with respect to the failure to provide the Service due to any of the reasons set forth in the preceding paragraphs.

5. In the event of any suspension of the Service pursuant to this Article, the User shall not be exempted from payment of the use fee.

Article 22 (Cancellation of Usage Agreement by User)

1. The user shall be entitled to cancel the Usage Agreement as of the desired cancellation date by notifying the Company by 1 month prior to the desired cancellation date in a manner determined by the Company. In this event, the Company shall not be obliged to refund any use fee received from the User.

2. In the event any unpaid Use Fee, etc. or default interest exist at the time when the notice stipulated in the preceding paragraph reaches the Company, the User shall immediately pay such fee, etc.

Article 23 (Termination of Usage Agreement by the Company)

1. In the event the Company determines that any of the following applies to the User, the Company shall be entitled to terminate the Usage Agreement in whole or in part without requiring prior notice to the User:

(1) The event there is any misstatement or omission in the Application Form for Use or other contents of the notice, etc.;

(2) The event of suspension of payment or insolvency;

(3) The event a draft or check is dishonored;

(4) The event of a petition for seizure, provisional seizure, or compulsory auction, or in the event of a disposition for failure to pay taxes and other public charges;

(5) The event of a petition for bankruptcy, commencement of corporate reorganization proceedings or commencement of civil rehabilitation proceedings, or in the event of serious anxiety about the credit standing;

(6) The event that the competent authority has revoked or suspended the business license;

(7) The event of a breach of the Usage Agreement, etc. and such breach is not corrected within a reasonable period of time after the Company has notified the User of such remedy;

(8) The event of a resolution for dissolution, capital reduction, transfer of all or a significant part of business, etc.; or

(9) The event of any reason making it difficult to perform the Usage Agreement.

2. In the event that there is any unpaid Use Fee, etc. or default interest at the time of termination of the Usage Agreement pursuant to the preceding paragraph, the User shall pay such amount by the date determined by the Company.

3. In the event of paragraph 1, the Company shall not be obligated to refund any use fee received from the User.

Article 24 (Discontinuance of Service)

1. In the event of any one of the following, the Company shall be entitled to abolish all or part of the Service and to terminate all or part of the Usage Agreement as of the date of such abolition:

(1) The event of notifying the User 30 days prior to the date of abolition;

(2) The event the Service cannot be provided due to force majeure such as natural disasters;

(3) The event that the Company determines that it is difficult for the Company to continue to provide the Service due to discontinuation of the Cloud Service or change in the terms and conditions of the provision of the Cloud Service by the Provider of the Cloud Service; or

(4) The event the Company deems it unavoidable.

2. In the event the Service is discontinued in whole or in part pursuant to the preceding paragraph, the Company shall return to the User the amount corresponding to the number of days that the Service will not be provided for the abolished among the Use Fee, etc. already paid, on a pro rata daily basis.

Article 25 (Processing after Termination of Agreement)

1. In the event the Usage Agreement is terminated, the User shall return or delete the equipment, software, and all materials related thereto provided by the Company (including copies of all or part of such software and materials; the same shall apply hereinafter) to the Company immediately after the termination of the Usage Agreement in accordance with the Company's instructions.

2. Upon the termination of the Usage Agreement, the Company shall immediately return to the User the materials provided by the User (including copies of all or part of the materials) upon the use of the Service, and erase the materials recorded in the Equipment for the Service at its own responsibility.

6. Confidential Information and Personal Information

Article 26 (Handling of Confidential Information)

1. The User and the Company shall not disclose or divulge to any third party any technical, business, or other business information provided by the other party for the performance of the Service, which has been designated in writing in advance to the effect that such information is particularly confidential, and which specifies the scope of the confidential information when providing such information and clearly indicates the fact that such information is confidential (the "Confidential Information"); provided, however, that this provision shall not apply to the event that prior written approval has been obtained from the other party or the information falling under any of the following items:

(1) Information already in the possession without any obligation of confidentiality;

(2) Information rightfully obtained from a third party without any obligation of confidentiality;

(3) Information independently developed without reference to information provided by the other party;

(4) Information that has become publicly known through no breach of the Usage Agreement, etc. and whether before or after receipt; or

(5) Information provided without designation, scope identification or label of Confidential Information in accordance with this article.

2. Notwithstanding the provisions of the preceding paragraph, the User and the Company shall be entitled to disclose to the party to whom the Confidential Information is to be disclosed pursuant to the provisions of laws and regulations or at the request of an authorized public agency, or to the relevant public agency. In this event, the User and the Company shall notify the other party to the effect that such information will be disclosed prior to such disclosure to the extent that such notice is not in violation of the relevant laws and regulations, and in the event notice cannot be given prior to disclosure, such notice shall be given promptly after disclosure.

3. The party to whom Confidential Information has been provided shall take necessary measures for the management of such Confidential Information.

4. The party to whom Confidential Information has been provided may use the Confidential Information provided by the other party only for the purpose of performing the Service and reproduce or alter (collectively "Reproduction") the materials that incorporate the Confidential Information (the "Materials") to the extent necessary for the performance of the Service. In this case, the User and the Company shall treat the Confidential Information so Reproduced as the Confidential Information set forth in this Article. In addition, in the event the Reproduction, etc. is required to exceed the scope necessary for the performance of the Service, the User and the Company shall obtain the written approval of the other party in advance.

5. Upon the request of the other party, the party to whom Confidential Information has been provided shall return the Materials (including the Confidential Information that has been reproduced or modified by obtaining the consent of the other party pursuant to the preceding paragraph) to the other party, and if the Confidential Information is stored in the User Equipment or the Equipment for the Service, the Confidential Information shall be completely deleted.

6. The provisions of this article shall remain in effect for 3 years after termination of the Service.

Article 27 (Handling of Personal Information)

1. The User and the Company shall use personal information contained in business and other business-related information provided by the other party for the performance of the Service (which means the "personal information" as set forth in the Act on the Protection of Personal Information) only within the scope of the purpose of performing the Service, and shall not disclose or divulge such personal information to any third party, and shall comply with relevant laws and regulations, including those concerning the protection of personal information.

2. The provisions of paragraphs 4 to 6 of the preceding article shall apply mutatis mutandis to the handling of personal information.

3. The provisions of this article shall survive the termination of the Service.

Article 28 (External Transmission Regulations of User's Information)

In order to improve the experience of services for the User, the Company collects information about the User and sends it to external operators using a terminal identifier such as cookie. The content of the transmission and the purpose of use are as follows:

• Name of the recipient: Google LLC

• Service-name: Google Analytics;

• Content of the user information to be sent:

• Information on systems, devices, networks, and communications commonly used for Internet communications;
• Location information;
• Data on actions on site apps;
• Data on the browsing pages; and
• User-identifier (cookie, terminal identifier, etc.)
• For more information, see also https://policies.google.com/privacy/additional?gl=jp

• Purpose of Use:

• For User analysis of trends and history of browsing.

• Service-name: Google Tag Manager;

• Content of the user information to be sent:

• Information on systems, devices, networks, and communications commonly used for Internet communications;
• Location information;
• Data on actions on site and apps;
• Data on the browsing pages; and
• User-identifier (cookie, terminal identifier, etc.)
• For more information, see also https://policies.google.com/privacy/additional?gl=jp

• Purpose of Use:

• For management of tag, etc.

• Name of the recipient: SmartBear Software Inc.,

• Service-name: bugsnag

• Content of the user information to be sent:

• Information of error with respect to anomalous occurrence in apps;
• User identifying information (name of User, e-mail address);
• Information of  error;
• Data on actions on website; and
• User-identifier (terminal identifier, browser identifier).
• For more information, see also https://smartbear.com/privacy/

• Purpose of Use:

• For monitoring errors in using the Service and for managing and improving stability of the Service.

•     Name of the recipient: Microsoft Corporation;

• Service-name: Microsoft Clarity;

• Content of the user information to be sent:

• Data on actions on site and apps;
• Data with respect to web pages consulted;
• User-identifier (cookie, terminal identifier, etc.)
• Name and address;
• Credentials; and
• Demographic statistics.
• For more information, see also https://privacy.microsoft.com/ja-jp/privacystatement

• Purpose of Use:

• For User analysis of trends and history of browsing.