Article 1
(Definition of Terms)

Terms used in these Terms of Service are defined as follows:

1. The “Service” refers to the ASP service provided by MSOL, under which, based on input provided by the User, projects are diagnosed and evaluated in light of our success rate criteria, and the resulting assessments are reported to the user. The Service is offered under the following two trademarks:
   1. Project Assessment
   2. Project Success Rate Forecast
2. The “User” refers to the user using the Service in compliance with these Terms of Service.

Article 2
(Purpose, Licensing, Rights and Obligations Related to the Service)

1. The purpose of the provision of the Service is for the User to experience the usefulness of the Service. MSOL provides the Service in accordance with these Terms of Service, and grants a license to use the Service free of charge to all persons who agree to use the Service in accordance with these Terms of Service.
2. All rights, including copyrights and industrial property rights, relating to the Service and its elements shall remain the sole property of MSOL and not of the User.
3. MSOL shall not undertake to renew, improve, or continue the Service and shall disclaim any responsibility to compensate for any damage for not doing so.
4. In light of the purpose of the provision of the Service as stated in Paragraph 1, MSOL and the User have no rights or obligations other than those expressly set forth in these Terms of Service.

Article 3
(Terms and Conditions for the Provision of the Service)

The contents of the Service provided by MSOL are as follows:

1. Based on the information provided by the User, the Service provides the User with the result of evaluations derived by applying the criteria devised by MSOL to assist the User in evaluating their projects and determining their success rates. The Service, however, does not provide the User with all details of the actual evaluation, success rates, or risks of their projects that they are currently undertaking or intend to undertake.
2. MSOL shall handle personal information provided by the User in compliance with applicable laws and regulations.
3. MSOL shall handle the information provided by the User during the course of their use of the Service (excluding personal information) as follows:
   1. The information shall be used solely for the purpose of providing, operating, maintaining, and improving the Service, as well as for MSOL’s business, and shall not be used for any other purpose.
   2. MSOL may, without obtaining the consent of the User, provide a third parity with the information or jointly use the information with a third party selected by MSOL for the purpose set forth in the preceding paragraph after processing the information in a manner so that the User cannot be identified.
   3. MSOL shall handle information containing trade secrets of the User, taking precautions laid down by MSOL or its subcontractors. MSOL declines to handle information or data that require further measures to maintain confidentiality.
   4. MSOL shall not accommodate requests from the User or third parties for confirmation, correction, return, disposal, or other treatment of information or data provided to MSOL by the User or third parties. The data provided by the User shall be disposed of in a manner and at a time as determined by MSOL.
4. MSOL reserves the right to change the contents of the Services and suspend or discontinue the provision of the Services without prior notice.
5. MSOL endeavors to meet the User’s requests for the Service, but MSOL shall have no obligation to accommodate the said requests.

Article 4
(Terms and Conditions of Use of the Service)

1. The User may use the Service provided the User agrees to:
   1. Use the Service in accordance with the usage environment and ways of using as notified to the User by the manner specified by MSOL.
   2. Notify MSOL of the contact method and contact information of the User to receive messages or to be otherwise reached in the course of the User’s use of the Service. In the event that MSOL is unable to deliver necessary information to the User due to the User’s change of contact method or contact information, the User shall be deemed to have received the information upon transmission of the said information by MSOL. MSOL shall have no obligation to transmit the said information to any contact point other than that provided by the User.
   3. Not to enter information that requires measures to maintain confidentiality beyond those provided in these Terms of Service.
   4. Not to use the Service for the purpose of making a profit for the User or third party. Not to transfer nor assign the status of the User to any third party. The User shall use the Service solely for the purpose of evaluating the projects the User is currently undertaking or intends to undertake or determining their success rate.
   5. Not to request confirmation, correction, return, deletion, or any other handling of the information or data provided by the User to MSOL in the course of their use of the Service.
2. In the event of a dispute between the User and a third party due to the use of the Service, the User shall be solely responsible for the said dispute. If MSOL suffers damage as a result of the said dispute, the User shall be obligated to compensate MSOL for any damage incurred.

Article 5
(Discontinuation or Cancelation of the Service)

MSOL reserves the right to terminate or suspend the User’s use of the Service, or temporarily or permanently terminate the provision of the Service in the following cases without any prior notice. MSOL shall have no obligation to compensate the User for any damage incurred.

1. n the event of any violation of these Terms of Service by the User
2. In the event of the necessity for continuation, renewal, or improvement of the Service
3. In the event that MSOL decides to discontinue or cancel the Service

Article 6
(Cancelation)

MSOL may terminate these Terms of Service without any demand notice in the following cases:

1. In the event of a breach of these Terms of Service by the User
2. In the event that the User or officers or employees of the User are subjected to investigations for allegations that the User was in the act of committing or had committed an act against MSOL, its officers or employees, the Service, or the elements comprising the Service in violation of the Penal Code of Japan, penal codes of other countries or any other criminal laws and regulations whether of Japan or otherwise
3. In the event that the User engages in any act that may be detrimental to the operation of the Service or the elements comprising the Service
4. Improper use of the Service by the User

Article 7
(Disclaimer)

1. The Service provides the User with results of MSOL’s evaluation derived by applying the evaluation criteria devised by MSOL to the information provided by the User. MSOL does not guarantee that the evaluation criteria and results are objectively correct or that the information obtained from the Service will benefit the User and will not cause damage to the User. Neither does MSOL guarantee the operation of the system or the continuation of the provision of the Service.
2. In light of the fact that the use of the Service is free of charge, MSOL shall not be liable to the User for any damage whatsoever regardless of the legal cause except in the case of willful misconduct or gross negligence on the part of MSOL.
3. MSOL shall not be responsible for complying with the administrative regulations for the performance of these Terms of Service or the use of the Service in locations outside of Japan. The User is solely responsible for complying with administrative regulations for the use of the Service, and MSOL expressly disclaims any responsibility for the said compliance.

Article 8
(Governing Law)

The consummation, validity, performance, and interpretation of these Terms of Service shall be governed by the laws of Japan.

Article 9
(Exclusive Jurisdiction by Agreement)

Any dispute related to the Service shall be settled at the Tokyo District Court as the exclusive court of first instance.

NOTE: For matters not stipulated in these Terms of Service, or if you desire to use the Service on different terms and conditions including the continued use of the Service, please contact MSOL.