TERMS OF USE OF “AMAZING DX®”

 The Terms of Use of “Amazing DX®” (hereinafter referred to as “Terms”, including the content after revision or change) stipulate the handling of “Amazing DX®” services provided by HARAKENZO WORLD PATENT & TRADEMARK (hereinafter referred to as “FIRM”).
For the content of the Terms, the latest terms of use shall be confirmed in a timely manner.

Article 1: Definitions

 The terms used in the Terms are defined as follows.

  1. (1) “Amazing DX®
  2.  This term means the entire AI system of the FIRM which can be used as a means of filing a trademark registration application with the Japan Patent Office (trademark registration pending).
  3. (2) Free Service
  4.  This term means a service or services that the Registered User can use free of charge on the “Amazing DX®” platform.
  5. (3)Paid Service
  6.  This term means a service or services that are made available to the Registered User on the “Amazing DX®” platform by the payment of the usage fee.
  7. (4) Service
  8.  This is a generic term for the services set forth in the item (2) and the preceding item.
  9. (5)User
  10.  This term means any individual (excluding any of the following persons) or juridical person or organization that uses the Service.
  11.   ・Any minor or adult ward who is not represented by a statutory representative (the consent of a supervisor of the guardian, if any, is required).
  12.   ・Any person under curatorship who has not obtained the consent of the curator.
  13. (6)Registered User
  14.  This term means any User who has performed the user registration procedures stipulated in Clause 2 of Article 3.
  15. (7) Registration Information
  16.  This term means information related to the user registration procedures stipulated in Clause 1 of Article 3 and any other information pertaining to the Registered User provided by the Registered User to the FIRM.
  17. (8)Registered Account
  18.  This is a generic term for an ID and a password granted to the Registered User. The passwords can be changed.
  19. (9)User Registration Information
  20.  This term means information gathered from the Registered User concerning the use of the Service, such as Registration Information, all pieces of information pertaining to communications between the FIRM and the Registered User, and terminal information.

Article 2: Publication, revision, change of Terms, etc.

  1. 1. Publication, revision, change of Terms
  2.  The Terms are presented on the “Amazing DX®” platform.
  3. The FIRM may revise or change the Terms by presenting them on said platform without the acceptance by the Users.
  4. 2. Effective time of revision or change
  5.  The effective time at which the revised or changed Terms come into effect shall be announced through the “Amazing DX®” platform in advance.
  6. 3. Priority of revised or changed terms
  7.  In the event of any inconsistency or conflict with the previous content due to the revision or change stipulated in the preceding clause, the revised or changed content shall prevail unless otherwise specified.
  8. 4. Restrictions on use due to change in Terms, etc.
  9.  The Users shall acknowledge in advance that the use of part or all of the Service may be restricted due to change in the Terms or the operational policy of the “Amazing DX®” platform, etc.

Article 3: Contract of use

  1. 1. Application for registration
  2.  Any person who wishes to use the Service may apply to the FIRM to register the use of the Service (hereinafter referred to as the “Application for Registration”) by providing the FIRM with accurate Registration Information in accordance with the method set by the FIRM after agreeing that the Terms shall become a part of the contract of use set forth in the following clause.
  3. 2. Establishment of contract of use
  4.  The FIRM shall notify a person who has made an Application for Registration as set forth in the preceding clause (hereinafter referred to as “Applicant for Registration”) of a Registered Account, and upon sending of said notice, the user registration shall be completed and the contract of use of the Service shall be concluded between the FIRM and the Applicant for Registration.
  5. 3. Grounds for disapproval
  6.  The FIRM may not approve the Application for Registration in the event of any of the following items. In the event any of the following items is found after the conclusion of the contract of use set forth in the preceding clause, the FIRM may take necessary measures in accordance with the provision of Clause 1 of Article 14 (Measures against prohibited acts, etc.)
  7.  In such cases, the FIRM will not disclose the reasons.
    1. (1) In the event of any false, error, or omission in all or part of the Registration Information
    2. (2) In the event the Applicant for Registration has been or is currently subject to suspension of use of the Service, deletion of registration account, or compulsory withdrawal from membership
    3. (3) In the event the FIRM determines, based on reasonable grounds, that the provision of Clause 1 or Clause 2 of Article 20 (Representations and commitments concerning antisocial forces, etc.) is violated
    4. (4) In the other events the FIRM determines that it is inappropriate to approve the Application for Registration
  8. 4. Handling of minors
  9.  In the event a minor is an Applicant for Registration, the consent of the statutory representative shall be deemed to have been obtained at the time of the conclusion of the contract of use set forth in Clause 2.

Article 4: Change of Registration Information, etc.

  1. 1. Modification or change of Registration Information
  2.  In the event of any error or change in the Registration Information, the Registered User shall promptly notify the FIRM of said Registration Information at his/her own responsibility.
  3. If the Registration Information is not modified or changed within five business days from the date of said notice, or if no response is received from the FIRM, said Registered User shall notify the FIRM of such a situation by appropriate means such as telephone, to confirm whether or not the notice has reached the FIRM.
  4. 2. Fictitious reach of notice
  5.  In the event the notice issued by the FIRM does not reach the Registered User due to the failure of said Registered User to give notice or to confirm as set forth in the preceding clause, the notice shall be deemed to have arrived at the time of issuance pursuant to the provision of Clause 1 of Article 6 (Fictitious reach).
  6. 3. Disclaimers by FIRM
  7.  In the event of the preceding clause, the FIRM shall not be liable for any damage to said Registered User, other Users, or third parties.

Article 5: Management of registration accounts and development of use environment

  1. 1. Management and storage of registration accounts
  2.  The Registered User shall manage and store his/her registration account at his/her own responsibility, and shall not transfer it to a third party, lend it to a third party, allow a third party to use it, or put it in pledge, or change ownership of it. Provided, however, that this shall not apply to the case where the Registered User is a corporation or organization and a person authorized by said corporation or organization uses said registration account on behalf of said corporation or organization.
  3.  In the event said registration account is used by a third party, said Registered User shall be deemed to have used the Service.
  4. 2. Development of use environment
  5.  The User shall, at his/her own responsibility, develop the environment necessary for using the Service.
  6.  The User shall acknowledge in advance that the operation of the Service may fail due to upgrading of the operating system of the information terminal used for the Service, etc.
  7. 3. Disclaimers by FIRM
  8.  In the event of any damage to the Registered User, other Users, or third parties due to any breach of the obligations under Clause 1 or the preceding clause, the FIRM shall not be liable for such damage.
  9. 4. Duty to Report
  10.  In the event the Registered User has found that his/her registration account had been stolen, fraudulently taken, or improperly taken, or used by a third party, or the ownership thereof has changed, the Registered User shall immediately notify the FIRM thereof and shall comply with the instructions from the FIRM.

Article 6: Notice

  1. 1. Fictitious Reach
  2.  Any notice given from the FIRM shall be deemed to have arrived at the time of transmission of the notice to the email address of the User registered at the time of the notice.
  3. 2. Suspension of notice
  4.  In the event the notice of the preceding clause does not reach the User, the FIRM will attempt to contact the User by using other email, telephone, and the like. If, despite such efforts, the FIRM is unable to contact the User, the FIRM may suspend notice to the email address.
  5. 3. Disclaimers by FIRM
  6.  In the event of any damage to the User, other Users, or third parties due to said User’s failure to receive the notice from the FIRM under Clause 1 or the preceding clause, the FIRM shall not be liable for such damage.

Article 7: Use and content of Service, etc.

  1. 1. Self-responsibility
  2.  The User shall use the Service at his/her own responsibility and shall back up the necessary information such as documents for the trademark registration application from time to time.
  3. 2. Free Service, disclaimers by FIRM
  4.  Trademark search assessment is available free of charge (if requested, advice on assessment results will be given for a fee).
  5.  As stipulated in the preceding clause, the FIRM shall not be liable for any disadvantage, damage, and the like caused by or in connection with the use of the search assessment, such as the content, result, and accuracy of the search assessment.
  6. 3. Paid Service
  7.  The scope of Paid Service is as follows:
    1. (1) Preparation of documents for trademark registration applications (including expert judgment)
    2. (2) Information management
    3. (3) Optional services
  8. 4. Persons for whom application procedures are restricted
  9.  The following persons may not file an application in accordance with the Patent Act which is applied mutatis mutandis to the Trademark Act.
    1. (1) An organization without juridical personality (in this case, the application will be filed under the name of the representative of the organization, etc.)
    2. (2) A minor or adult ward who is not represented by a statutory representative (the consent of a supervisor of the guardian, if any, is required).
    3. (3) A person under curatorship who has not obtained the consent of the curator.
    4. (4) An overseas resident who is not represented by a patent administrator (excluding cases stipulated by Cabinet Order under Article 8(1) of the Patent Act; the FIRM may become a patent administrator).
  10. 5. Changes in service specifications, etc.
  11.  The FIRM may change the specifications, functions or content of the Free Service and Paid Service without the acceptance by the Users.

Article 8: Usage fee, payment

  1. 1. Usage fee, etc.
  2.  Fees for trademark registration application and registration shall are presented on the “Amazing DX®” platform.
  3.  [IMPORTANT] Other procedures, consultations, and the like will be charged separately. Cost estimations in advance are available.
  4. 2. Credit card transaction
  5.  The Registered User who uses the Paid Service shall pay the usage fee set forth in the preceding clause by means of credit card transaction.
  6.  In this case, the Registered User shall be deemed to have paid the usage fee to the FIRM upon completion of payment to the settlement agency designated by the FIRM.
  7. 3. Provision of information
  8.  The FIRM may provide the information of Registered Users to the extent necessary upon request of necessary information from the settlement agency set forth in the preceding clause. In this case, the FIRM will impose a duty of confidentiality on the settlement agency.
  9. In addition, the Registered User shall agree that the receiving agency shall directly collect the information of said Registered User.

Article 9: Non-refund of usage fee

 The FIRM shall not refund the usage fee received (including the usage fee deemed to have been paid to the FIRM pursuant to the provision of Clause 2 of the preceding article) for any reason whatsoever.

Article 10: Individual contract

  1. 1. Individual contract
  2.  The agency service for the trademark registration application shall be separately stipulated in the “Amazing DX®” Contract Conditions for Trademark Registration Application Agency Service, and an individual contract shall be concluded for each trademark registration application (including matters related thereto).
     The Contract Conditions are presented on the “Amazing DX®” platform.
  3. 2. Priority
  4.  In the event of any inconsistency or conflict between the content of the Terms and the content of the Contract Conditions as set forth in the preceding clause, the Contract Conditions shall prevail.
  5. 3. Continuation of contract of use
  6.  The termination or cancellation of the individual contract shall not affect the contract of use of the Service stipulated in Clause 2 of Article 3.

Article 11: Withdrawal from membership

  1. 1. Freedom to withdraw from membership
  2.  The Registered Users may cancel and withdraw from the registration at any time upon notice to the FIRM, and the contract of use will terminate upon receipt of said notice by the FIRM.
  3. 2. Loss of registered account
  4.  Upon the withdrawal procedures stipulated in the preceding clause, the Registered User shall lose any and all rights to the Registered Account used at the FIRM.
  5. 3. Handling of Registration Information
  6.  The Registration Information after withdrawal from membership shall be handled in accordance with the provisions of Article 17 (Compliance with laws and acts, etc.)

Article 12: Attribution of rights, non-license

  1. 1. Attribution of rights
  2.  The copyrights, trademark rights, and other rights or interests in the “Amazing DX®” and the content and other information contained in the Service belong to the FIRM.
  3.  The right to obtain the trademark registration arising from the trademark registration application and the trademark right arising from the registration shall belong to the Registered User.
  4. 2. Non-grant of license
  5.  The FIRM shall not grant licenses of the copyrights, trademark rights and other intellectual property rights (including know-how; the same shall apply hereinafter) owned by the FIRM to the Users.
  6.  In addition, the Users may not grant the licenses of “Amazing DX®” and the Service to any third party.

Article 13: Prohibited acts

 The Users shall not engage in, induce or encourage any act that falls under any one of the following items:

  1. (1) Any act that violates or is likely to violate laws and acts, etc.
  2. (2) Criminal acts or acts that may be criminal.
  3. (3) Any act that violates or is likely to violate the Terms.
  4. (4) Harassment, libel, or damage to credit, etc. against the FIRM, other Users, or third parties.
  5. (5) Any act that infringes or is likely to infringe the intellectual property rights, privacy rights, reputation, credit or other rights or interests of the FIRM, other Users or third parties.
  6. (6) Any act of using the content or other information contained in “Amazing DX®” and the Service by copying, publishing, reselling or otherwise.
  7. (7) Any act that interferes with the operation of “Amazing DX®” and the Service.
  8. (8) Any act of reverse engineering, decompiling, disassembling, and other modifications of “Amazing DX®“.
  9. (9) Any act of verifying and investigating the accuracy, function, or performance of AI utilized in the Service or “Amazing DX®” or using the Service for the primary purpose of analyzing those properties.
  10. (10) Any act of pretending to be or attempting to pretend to be a third party.
  11. (11) Any act of improperly acquiring or using an ID or password.
  12. (12) Any other acts which the FIRM determines to be inappropriate.

Article 14: Measures against prohibited acts, etc.

  1. 1. Measures against prohibited acts, etc.
  2.  In the event the User falls under or is likely to fall under any of the following items, the FIRM may, with respect to said User, issue a notification, delete all or part of the User Registration Information, suspend or restrict the use of the Service, delete the Registered Account, compulsorily remove the membership, refuse re-registration, or take other measures.
    1. (1) In the event of violation of the provisions of the preceding article.
    2. (2) In the event falling under any one of the items of Clause 3 of Article 3 (Grounds for disapproval).
    3. (3) In the event the FIRM has not received any reply for 15 days or more to any inquiries or other requests for answers.
    4. (4) In the event any dishonored bill or check is disposed of.
    5. (5) In the event of a disposition to suspend transactions with a clearinghouse.
    6. (6) In the event of a petition for provisional seizure, provisional disposition, compulsory execution, or auction, or in the event of a disposition for failure to pay taxes and other public charges.
    7. (7) In the event of a petition for commencement of bankruptcy proceedings, commencement of rehabilitation proceedings, commencement of reorganization proceedings, or commencement of special liquidation.
    8. (8) In the event of revocation of business license, suspension of business, or any other administrative disposition by the competent authorities.
    9. (9) In the event significant financial deterioration or credit deterioration is observed.
    10. (10) In the event there are any other reasons pursuant to or similar to the preceding items.
  3. 2. Disclaimers by FIRM
  4.  In the event of any damage to the User under the preceding clause, other Users, or third parties due to any disposition under the preceding clause, the FIRM shall not be liable for such damage.

Article 15: Temporary discontinuation or suspension of use

  1. 1. Discontinuation or suspension of use
  2.  The FIRM may temporarily discontinue or suspend the use of the Service or “Amazing DX®” in the event falling under any one of the following items. In such case, the FIRM may, at the FIRM’s discretion, ex post facto announce the discontinuation or suspension of use on the “Amazing DX®” platform.
    1. (1) In the event necessary for the operation or maintenance of “Amazing DX®” or the Service.
    2. (2) In the event of changing the specifications of “Amazing DX®” or repairing defects, etc.
    3. (3) In the event the telecommunications carrier’s services are not provided.
    4. (4) In the event loads are concentrated on the system due to excessive access or other unexpected factors.
    5. (5) In the event it is difficult to provide the Service due to force majeure such as natural disasters.
    6. (6) In the event the operation of the Service becomes difficult or impossible due to laws and acts, etc., or measures based thereon.
    7. (7) In the event of unavoidable operational or technical reasons for the Service.
  3. 2. Disclaimers by FIRM
  4.  In the event of any damage to the Users or third parties due to the discontinuation or suspension under the preceding clause, the FIRM shall not be liable for such damage.

Article 16: Compensation for damages

  1. 1. User’s liability
  2.  In the event an act of the User falls under any one of the items in Clause 1 of Article 14 (Measures against prohibited acts, etc.) or causes damage to the FIRM due to the use of the Service (including the case where the FIRM receives a claim for damages or other claim from a third party), the FIRM may claim for such damage against the User.
  3. 2. Scope of compensation owed by FIRM
  4.  The scope of the FIRM’s liability for damages to the User in connection with the use of the Service shall be limited to normal damages actually inflicted on said User for reasons attributable to the FIRM or directly due to the FIRM’s breach of the Terms.
  5.  The FIRM shall not be liable for damages caused by reasons not attributable to the FIRM, and damages and lost profits caused by special circumstances (regardless of whether or not the FIRM foresees).

Article 17: Compliance with laws and acts, etc.

  1.  The FIRM will comply with the Patent Attorney Act, the Attorney Act and other related laws and acts in providing the Service.
  2.  The handling of personal information by the FIRM shall be as set forth in the “Amazing DX®” Privacy Policy.

Article 18: Inspection and obtainment of information

  1. 1. Inspection of information and disclaimers by FIRM
  2.  The FIRM may inspect the information entered by the Users.
  3.  The FIRM is not liable for any damages to the Users caused as a result of the inspection. Provided, however, that this provision shall not apply in the event of intent or gross negligence on the part of the FIRM.
  4. 2. Google Analytics
  5.  The purpose of use of Google Analytics and the method of data collection necessary for that purpose and the usage method thereof shall be as set forth in Article 3 of the “Amazing DX®” Privacy Policy, and the Users shall agree thereto.

Article 19: Non-guarantee

  1.  The FIRM does not guarantee any matters that fall under any of the following items:
    1. (1) The suitability for the particular purpose of the Registered User, commercial value, accuracy, usefulness, completeness, legality, and compliance with the internal rules of the organization, etc. applied to the Registered User, in regard to the Service, content provided through the Service, User Registration Information, and any other information.
    2. (2) No security flaws, errors, bugs or defects exist.
    3. (3) The Service is capable of accommodating all types of contracts.
    4. (4) Not to infringe upon the rights of third parties.
    5. (5) The Service is compatible with all information terminals.
    6. (6) No technical inaccuracies, clerical errors, or typographical errors exist.
    7. (7) The information is the latest one at the time.
    8. (8) No defects or failures occur.
    9. (9) Any trademark registration or other purpose desired by the User is accomplished.

Article 20: Elimination of antisocial forces

  1. 1. Representations and guarantees of being not antisocial forces
  2.  The Users shall represent and guarantee that, now and in the future, the matters listed in the following items:
    1. (1) The User and a company or organization to which the User belongs, or their business partners, etc., are not a crime syndicate, crime syndicate-related companies or racketeers, or other juridical persons or organizations similar thereto, or members thereof (hereinafter collectively referred to as “antisocial forces”).
    2. (2) Officers, etc. (including directors, outside directors, accounting advisors, company auditors, financial auditors, executives, and other persons equivalent to these positions) of the company or organization to which the User belongs are not antisocial forces.
    3. (3) Being not in the relationship in which antisocial forces are deemed to control the management or deemed to be substantially involved in the management.
    4. (4) Being not in the relationship which is deemed to be involved in providing funds, etc. or providing convenience, etc. to antisocial forces.
    5. (5) Being not in the relationship similar to the preceding items.
  3. 2. Commitment not to engage in acts in bad faith
  4.  The User shall commit himself/herself or through a third party not to perform any act that falls under any one of the following items:
    1. (1) Intimidation or violent demands, fraud.
    2. (2) Unjust demands beyond legal responsibility.
    3. (3) Any act that involves intimidating behavior or uses violence in connection with trade.
    4. (4) Any act to disseminate rumors, use fraudulent means or force to damage the credit of the FIRM, or to interfere with the business of the FIRM.
    5. (5) Any other act similar to the preceding items.
  5. 3. Measures to be taken in case of violation
  6.  In the event it becomes evident that the User violates the provisions of Clause 1 or the preceding clause, the FIRM may suspend the use of the Service, delete the Registered Account, compulsorily remove the membership, refuse re-registration, or take other measures.
  7. 4. Disclaimers by FIRM
  8.  In the event of any damage to the User, other Users, or third parties due to any measures under the preceding clause, the FIRM shall not be liable for such damage.

Article 21: Partial invalidation

  1. 1. Severability
  2.  In the event a particular provision or portion thereof in the Terms is determined to be invalid by law, etc., the provisions or portion thereof set forth in each of the following items shall remain in full force and effect, and the provision or portion thereof that is determined to be invalid shall be governed by the law such as the Civil Code.
    1. (1) In the event a particular provision is determined to be invalid, any provisions other than said particular provision.
    2. (2) In the event a portion of a particular provision is determined to be invalid, the rest portion other than said portion and other provisions.
  3. 2. Relative efficacy
  4.  Even in the event a particular provision or portion thereof in the Terms is determined to be invalid in the relationship with a particular User, the validity of the relationships with other Users shall not be affected.

Article 22: Governing law and agreed jurisdictional court

  1. 1. Governing law
  2.  The Terms and interpretations thereof, etc. shall be governed by the laws of Japan.
  3. 2. Agreed exclusive jurisdictional court
  4.  The Osaka District Court or the Osaka Summary Court shall be the agreed exclusive jurisdictional court of the first instance for any and all disputes arising out of or in connection with the Terms, depending on the amount claimed.