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Digital reform Co-Creation Platform Terms of Use

Article 1 (Purpose of the Agreement)

The purpose of these Terms and Conditions is to set forth the necessary conditions for using the "Digital Agency Kyoso Platform" (hereinafter referred to as the "Service"), which local governments operates and provides for the purpose of exchange, information exchange, and support for policy formulation by officials belonging to central government agencies and digital reform.

Article 2 (Definitions)

The following terms used in these Terms shall have the meanings set forth below.

  1. "User" means a national public officer, a local public officer, or a person who has a status equivalent thereto and for whom Digital Agency has licensed the use of the Service.
  2. The term "Content" refers to all information (including, without limitation, text, images, videos, sound, and other data) that a User can access on the Service.
  3. "User Content" means any content that a User uploads or submits to the Service.
  4. The term "Intellectual Property Rights" refers to patent rights, utility model rights, trademark rights, design rights, copyrights, and other intellectual property rights (including the right to acquire those rights or to apply for registration, etc. of those rights).
  5. "Anti-social forces, etc." refers to an organized crime group, an organized crime group member, a person who has ceased to be an organized crime group member less than five (5) years ago, an associate member of an organized crime group, a company associated with an organized crime group, a sokaiya (corporate racketeer), a social movement group, a special intellectual violence group, or any other person similar thereto.
  6. "law, etc." collectively refers to laws, government ordinances, ministerial ordinances, notices, regulations, regulation, court judgments, decisions, orders, or enforceable administrative dispositions, guidelines, and other regulations.
  7. "personal data" refers to information about individuals as defined in Article 2, Paragraph 1 of the Act on the Protection of personal data.
  8. "Slack" means the online business efficiency tools and platforms provided by Slack Technologies, LLC and Slack Technologies Limited.
  9. "Confidentiality class-3 information" refers to "information assets handled by administrative operation that require confidentiality equivalent to that of confidential documents."
  10. "Confidentiality class-2 information" refers to "information assets handled by administrative operation that do not require confidentiality equivalent to that of confidential documents but are not supposed to be disclosed to the public immediately."
  11. "Confidentiality class-1 information" refers to "information assets other than those corresponding to Confidentiality class-2 information or Confidentiality class-3 information."

Article 3 (Application for Services)

  1. Those who wish to use the Service (hereinafter referred to as "Registrants") may apply for user registration by agreeing to comply with the Terms and providing Digital Agency with the information specified by Digital Agency (hereinafter referred to as "Registered Information") in the manner specified by Digital Agency.
  2. You agree to these Terms at the time you apply for registration.
  3. Digital Agency will determine whether or not to grant permission for user registration, and if the registration is approved, will notify the fact.
  4. If Digital Agency determines that an applicant falls or may fall under any of the following items, the applicant may be refused registration. Even if the application for registration is not approved, Digital Agency is not obliged to disclose the reason.
    • In case that all or part of the registration information provided contains false information, clerical errors, or omissions
    • In the past, in case that registration for use of the Service or other services provided by Digital Agency has been refused or cancelled, or in case that suspension of use based on Article 12 has been imposed or user registration for the Service has been canceled
    • In other cases where the Digital Agency deems the registration to be inappropriate
  5. If there are any errors or changes in the registered information, the user shall notify Digital Agency of the contents in accordance with the method specified by Digital Agency, or shall correct or change the contents on the Service.
  6. If you use the email address of the public authorities to which you belong as registered information, you must obtain the consent of the public authorities in advance regarding the use of this service.
  7. If you do not use the e-mail address of the public authorities to which you belong as registered information, you will use the service in accordance with the public authorities, etc. specified by the regulation, such as obtaining prior consent. We recommend that you use the Digital Agency after obtaining prior consent.
  8. Digital Agency shall not be involved in any negotiations, troubles or disputes between the User and the public authorities to which the User belongs, and shall not be liable in any way except in cases of willful misconduct or gross negligence.

Article 4 (Account)

  1. Users shall manage and store their IDs (including email addresses used for registration), passwords, and other information related to their accounts safely at their own responsibility, and shall take necessary measures to prevent unauthorized use by third parties.
  2. The User shall not allow any third party to use his / her account by lending, sharing, transferring or any other means.
  3. Notwithstanding the preceding paragraph, if permitted by the State of Digital Agency, a User may transfer his / her account to an employee of the State of public authorities to which he / she belongs or to which he / she belonged. However, even in this case, the previous User shall not be discharged from his / her liability for his / her acts while he / she had the status of a User.
  4. If Digital Agency confirms that the ID and password match, it will be deemed that the user registered as the holder of the ID and password has used the Service.
  5. If the User discovers that the Service account has been or may be misused or used by third parties, the User shall immediately notify Digital Agency to that effect and shall follow any instructions from Digital Agency.

Article 5 (Usage Fees)

No admission, membership, registration or other fees will be charged for the use of this service.

Article 6 (Prohibitions)

Users shall not conduct any of the following acts by themselves or a third party in relation to the use of the Service.

  1. Acts that violate the Terms of Use or the code of conduct specified in the channel "#digi _ all _ Usage Help" installed in the Service
  2. An act that violates law etc
  3. A criminal act or an act that promotes a criminal act
  4. Fraudulent or threatening acts against Digital Agency or third parties
  5. An act that is contrary to public policy
  6. Provision of benefits to anti-social forces, etc. and other acts involving anti-social forces, etc.
  7. Acts that violate the intellectual property rights, right of portrait, right of privacy, honor, or any other right or interest of Digital Agency or third parties
  8. The act of defaming Digital Agency or a third person
  9. The act of transmitting the following information through the Service
    • Information containing representations that defame the honor or reputation of Digital Agency or third parties
    • Information containing violent or cruel expressions
    • Information containing indecent representations, child or child abuse
    • Information containing expressions that promote discrimination
    • Information containing expressions that facilitate suicide, self-injury, etc. or inappropriate use of drugs
    • False information, such as fake news, or information seeking the spread thereof
    • Information seeking the dissemination of information such as spam, chain mail, etc.
    • Information including illegal solicitation, advertising, etc.
    • Information containing expressions that offend others
    • Personal data or other information without the lawful and proper right or permission
    • Information obtained in an unlawful manner
    • Information containing computer viruses or other harmful computer programs
    • Information intended to solicit religion
  10. Pre-election campaigning, election campaigns, or acts similar thereto, and acts in conflict with the Public Offices Election Act
  11. The act of providing false registration information
  12. The act of posing as a third party
  13. The act of using another user's account
  14. Acts to collect other users' account information, etc.
  15. Except as expressly permitted in these Terms or as otherwise permitted by the State of Digital Agency, any reproduction, sale, publication, or other use of information obtained through the Service
  16. Except as expressly permitted in these Terms or as otherwise permitted by the State of Digital Agency, use for the purpose of benefiting third parties.
  17. Reproduction, distribution or unauthorized disclosure of any part of the Service;
  18. An act of placing excessive load on a network, system, etc. of a Digital Agency
  19. An act of illegally accessing a network, system, etc. of a Digital Agency or an act of attempting to do so
  20. Any act of altering, deleting, decompiling, disassembling or reverse engineering any program relating to the Service or the Digital Agency Site;
  21. Any act that interferes with the operation of the Service
  22. Acts that damage or are likely to damage the credibility of Digital Agency
  23. Acts that cause damage, etc. to Digital Agency or third parties
  24. In other cases where Digital Agency deems it inappropriate.

Article 7 (Intellectual Property Rights, etc.)

  1. All intellectual property rights related to the Service belong to the legitimate right holder who permits the use of the Service in Digital Agency or Digital Agency (hereinafter referred to as "Digital Agency, etc." in this Article), and the establishment of this Use Agreement or the permission to use the Service does not mean the permission to use the intellectual property rights of Digital Agency, etc. that exceed the use of the Service for the User.
  2. Except as expressly provided in these Terms, all intellectual property rights and all other rights and authority to the Service and any content, such as text, images, videos, sound, or programs, provided by Digital Agency to Users in connection with these Terms belong to Digital Agency, etc.
  3. The User represents and warrants to Digital Agency that it has the lawful right to transmit User Content and that such content does not violate the rights of third parties.
  4. The intellectual property rights to User Content belong to the User. Upon uploading the Content to the Service, the User hereby grants to Digital Agency, free of charge, a license to reproduce, adapt, transmit to the public, and create, display, and perform derivative works to the extent necessary for the provision of the Service and the use of the Content as set forth in the following Article. The User shall not exercise any moral rights with respect to such Content.
  5. Users may not copy or transcribe information (including user content) obtained through the Service beyond the scope of private use permitted under the Copyright Act.

Article 8 (Treatment of personal data)

Digital Agency will treat User personal data in accordance with Digital Agency's digital reform Kyoso Platform Privacy Policy for the Service. You agree that Digital Agency will treat personal data in accordance with this Privacy Policy.

Article 9 (Confidentiality Obligation)

  1. Digital Agency and the User shall strictly store and manage any and all business, technical, or other information of the other party or third parties disclosed in relation to the Service that is clearly indicated to be confidential (hereinafter referred to as "Confidential Information"); provided, however, that information that falls under any of the following items is not included in Confidential Information:
    • Was in the public domain prior to disclosure
    • Information that has become part of the public domain after disclosure for reasons not attributable to the party receiving the information
    • Information already owned by the party prior to disclosure
    • Obtained from a duly authorized third party without any obligation of confidentiality;
    • Development made independently of any information disclosed to it
  2. Digital Agency and User shall not disclose or leak Confidential Information to any third parties without the prior written consent of the other party; provided, however, that law may disclose Confidential Information only to the extent necessary when Digital Agency is obliged to disclose Confidential Information or is ordered to disclose Confidential Information by a legally authorized public agency. In this case, Tokyo University and User shall notify the other party in advance.
  3. Digital Agency and the User shall use the Confidential Information only for the purpose of using the Service, and shall obtain the prior written consent of the other party if it is necessary to copy or modify the Confidential Information beyond the scope of the purpose of using the Service.
  4. Upon termination of the use of the Service or upon request by the other party, Digital Agency and the User shall return or destroy the Confidential Information (including copies thereof) or take other measures in accordance with the method determined through mutual consultation.

Article 10 (Suspension of Use, etc.)

  1. If a User falls under any of the following items, Digital Agency may, without prior notice, prohibit the User from accessing the Service or delete all or part of the information (including User Content) provided by the User to Digital Agency in relation to the Service (collectively, the "Suspension").
    • If you violate these Terms
    • Cases in which registration information has been changed but is not changed
    • When any of the reasons for refusal of registration set forth in the items of Article 3, Paragraph (4) is applicable
    • In addition, if the continuation of use or registration of the Service is inappropriate
  2. In the event that the User falls under any of the items of the preceding paragraph, Digital Agency may cancel the user registration after notifying the User.
  3. Digital Agency may, without notice, unregister a User if the User:
    • If the contact information included in the registration information cannot be contacted for more than two weeks
    • In the event of the User's death or loss of status as a User
    • You have not logged in for more than one year.
  4. The measures set forth in the preceding three paragraphs do not preclude Digital Agency from claiming compensation for damage from the user in question, and Digital Agency is not obligated to compensate for damage caused by the measures set forth in the preceding three paragraphs, except in the case of willful misconduct or gross negligence.
  5. When a violation of the Code of Conduct of Co-Creation PF is observed and the corresponding type is prohibited from participating for an indefinite period

Article 11 (Effective Period of Registration)

  1. Registration as a user shall commence on the date on which Digital Agency grants permission for user registration in accordance with Section 3, and shall be valid unless the user requests to withdraw.
  2. The user's request for withdrawal shall be processed no later than one (1) month prior to the date on which the user wishes to withdraw, as determined by the State of Digital Agency.

Article 12 (Suspension of the Service)

  1. In any of the following cases, Digital Agency may suspend the provision of the Service in whole or in part by giving advance notice to the User; provided, however, that in urgent cases, advance notice is not required.
    • In the case that inspection or maintenance work of hardware, software, communication equipment, or other related equipment or systems related to the Service is carried out periodically or urgently
    • In case that it has become difficult to provide the Service due to computer or Communication Line failures, operational errors, excessive access concentration, unauthorized access, hacking, or other unexpected factors
    • In the event of a security problem with the Service
    • An act of God, war, threat of war, blockade, embargo, revolution, riot, epidemic or other plague, destruction or damage to goods or facilities, fires, typhoons, earthquakes, floods, or any other cause beyond the control of Digital Agency
    • In case that the operation of the Service has become difficult due to law, etc. or measures based thereon
    • In case that Digital Agency deems it necessary for other reasons equivalent to any of the preceding items
  2. Digital Agency shall not be liable for any damage caused by the measures taken by Digital Agency pursuant to the preceding paragraph, except in the case of willful misconduct or gross negligence.

Article 13 (Changes and Additions to the Service)

  1. Digital Agency may change or add the content of the Service at the convenience of Digital Agency.
  2. Digital Agency shall not be liable for any damage caused by the measures taken by Digital Agency pursuant to the preceding paragraph, except in the case of willful misconduct or gross negligence.

Article 14 (Termination of the Service)

  1. Digital Agency may terminate the provision of the Service by giving advance notice to the User; provided, however, that in the case of an urgent need or any other case where it is difficult to give advance notice, notification shall be given after the fact.
  2. Digital Agency shall not be liable for any damage caused by the measures taken by Digital Agency pursuant to the preceding paragraph, except in the case of willful misconduct or gross negligence.

Article 15 (Compensation for Damage)

  1. In the event of damage to Digital Agency or third parties due to acts in violation of these Terms by the User or due to reasons attributable to the User in relation to the Service, the User shall be liable to compensate for all such damage.
  2. Digital Agency shall not be liable for any damages caused to the User in connection with the Service or these Terms except as a result of willful misconduct or gross negligence on the part of Digital Agency.

Article 16 (Use of Slack)

  1. You acknowledge that the Service is provided through Slack, and you will take the necessary procedures to use Slack at your own risk and expense.
  2. You agree to abide by Slack's terms of use and other policies.
  3. Digital Agency makes no warranties regarding the quality, functionality, or information management of Slack, including control of personal data.
  4. Digital Agency shall have no knowledge of, and shall not be liable for, any deficiency in Slack or any transaction, communication, or dispute between a Slack provider and a user, except where Digital Agency is willful or grossly negligent.

Article 17 (Information to be Handled)

  1. Content that can be uploaded or sent to the Service shall be limited to Confidentiality class-1 information and Confidentiality class-2 information. Digital Agency may immediately delete any content that violates this paragraph.
  2. The classification of Confidentiality 1 Information, Confidentiality 2 Information, and Confidentiality 3 Information shall be determined based on the classification of confidentiality specified in the "Guidelines for Establishing Standards for Measures for Government Agencies, etc." of the Cyber security Center of the Cabinet Secretariat for information held by national public authorities, incorporated administrative agencies, and designated corporations (hereinafter referred to as "Government Agencies, etc."), and based on the classification of confidentiality exemplified in the "Guidelines for Information security Policies in local governments" established by the Ministry of Internal Affairs and Communications for information held by organization, other than Government Agencies, etc., or by organizations or individuals (any of these guidelines shall be determined based on the latest version, and the classification may change depending on the revision of the guidelines; hereinafter each guideline shall be collectively referred to as the "security Guidelines"). However, which information is classified in the Service shall be determined by the judgment of Digital Agency. local governments
  3. The User shall upload or send to the Service the User Content specifying which category the information falls into.
  4. Unless otherwise specified by the State of Digital Agency, Users shall handle User Content uploaded or transmitted by the State of Digital Agency or other Users in accordance with the classification of information specified for such User Content and at the level required by the State of security Guidelines. In the absence of any specific classification, User Content shall be handled as "Confidentiality class-2 information."
  5. Users shall upload or send User Content to the Service in accordance with the public authorities, rules, guidelines, internal rules and other regulations (hereinafter referred to as "regulation, etc.") established by the regulation to which they belong. Digital Agency shall not be involved in any negotiations, troubles or disputes between Users and the public authorities to which they belong, and shall not be liable for any of the same except in cases of willful misconduct or gross negligence.

Article 18 (Non-Warranty and Disclaimer)

  1. Users shall prepare equipment, software, communication lines, and other use environments necessary to use the Service at their own responsibility and cost.
  2. Digital Agency makes no warranty that the Service will be fit for your particular purpose, will be as functional, accurate, useful, complete, secure, or free from defects as you expect.
  3. Digital Agency makes no warranties, express or implied, with respect to information provided through the Service by Digital Agency or third parties and shall not be liable for any damages arising out of the use of such information except in cases of willful misconduct or gross negligence.
  4. Digital Agency does not warrant that the data uploaded by the user to the Service will not be lost, extinguished, changed, etc. due to the use of the Service. The user shall manage the data at his / her own risk and use the Service after appropriately backing up the data.
  5. Digital Agency will take reasonable and necessary measures, such as encryption, to protect registered information and other information provided by users when providing the Service, but users agree in advance that there is a risk of leakage due to the nature of communication.
  6. In the event that personal data used for the Service is leaked through wiretapping, etc. in communication channels such as the Internet, and disadvantages, damages, etc. are caused to Users and other parties, Digital Agency shall not be liable except in the case of willful misconduct or gross negligence.
  7. Digital Agency shall not be liable for any disadvantage or damage to users or others caused by the inability to deliver emails due to reasons such as registered information or non-change.
  8. Digital Agency shall not be obligated to compensate for any damage caused by delayed delivery, non-delivery, or any other cause due to the failure of the delivery system of the Service.

Article 19 (Exclusion of Antisocial Forces)

  1. Users shall promise and warrant that they do not fall under antisocial forces, etc., and do not fall under any of the following items, nor will they fall under any of the following items in the future.
    • There is a relationship in which management is deemed to be controlled by anti-social forces, etc.
    • Have a relationship in which anti-social forces, etc. are deemed to be substantially involved in management
    • Has a relationship in which it is found that he / she is unjustly using anti-social forces, etc., such as for the purpose of attempting to gain illicit benefits for himself / herself or a third party or for the purpose of damaging a third party
    • A person who has a relationship with anti-social forces, etc. in which it is found that the person is involved in providing funds, etc. or providing benefits to anti-social forces, etc., knowing that the person is an organized crime group member, etc.
    • An officer or a person who is substantially involved in management has a socially reprehensible relationship with an anti-social force, etc.
  2. The User hereby promises and warrants that it will not, by itself or through the use of any third party, engage in any act which falls under any of the following items.
    • The act of making a violent demand
    • The act of making unreasonable demands beyond legal liability
    • Using threatening language or behavior or using violence in connection with a transaction;
    • An act of spreading rumors, damaging the reputation of the other party or interfering with the business of the other party by the use of fraudulent means or force;
    • Any other act similar to any of the preceding items
  3. Digital Agency may immediately terminate your registration as a user of the Service without the need for further notice or other action if you violate this Section.
  4. Digital Agency shall not be liable to the User for any damages caused by the termination under this Section, and shall be entitled to claim against the User for any damages it may have incurred due to such termination.

Article 20 (Changes to the Terms)

  1. Digital Agency may change these Terms and Conditions in any of the following cases.
    • Any modification to these Terms conforms to the general interests of the User.
    • In case that a change to the Terms of Use is not contrary to the purpose of the Contract and is reasonable in light of the necessity of the change, the appropriateness of the content after the change, the content of the change, and other circumstances pertaining to the change
  2. In the case of the preceding paragraph, Digital Agency shall notify the fact that the Terms of Use will be changed, the content of the Terms of Use after the change, and the effective date thereof no later than 10 days prior to the effective date of the Terms of Use after the change by a method deemed appropriate by Digital Agency (such as posting the notice on the Digital Agency site or within the Service or sending an e-mail to the user).
  3. Users who do not agree to the changes to the Terms shall complete the procedures for withdrawal no later than the day before the effective date of the changes set forth in the preceding paragraph. If you do not complete the procedures for withdrawal by the effective date and continue to use the Service, you agree to the changes.
  4. In addition to the provisions of Paragraph 1, Digital Agency may change these Terms with the consent of the User.
  5. Digital Agency shall not be responsible or liable for any damages to the User resulting from any changes to these Terms under this Article.

Article 21 (Notification)

It is sufficient to provide the Service and notify the User to the email address of the User submitted as registration information, and even if it is not sent to the User, it shall be deemed to have arrived at the time when it should normally have arrived.

Article 22 (Deletion)

Digital Agency may delete the User Information, etc. without prior notice to the User if the User Information, etc. has exceeded the period or amount prescribed by Digital Agency or if it is necessary for the provision and maintenance of the Service.
In the event that Digital Agency takes the measures set forth in the preceding paragraph, Digital Agency shall not be liable for any damage suffered by the user due to such measures.

Article 23 (Prohibition of Assignment of Rights and Obligations)

The User shall not assign, transfer, mortgage or otherwise dispose of his / her status under this Agreement or his / her rights or obligations under this Agreement to any third party without the prior written consent of the State of Digital Agency; provided, however, that the same shall not apply to cases in which the Account is transferred to a third party in accordance with Article 4, Paragraph 3.

Article 24 (Consultation)

Any matter not set forth in these Terms and any detail necessary for the execution of the Terms which may give rise to doubt as to the interpretation of these Terms shall be settled by mutual consultation between the Parties.

Article 25 (Exclusive Jurisdiction)

Any and all disputes arising out of or in connection with these Terms of Use shall be brought before the Tokyo District Court as the court having exclusive jurisdiction in the first instance.

Article 26 (Governing Law)

The governing law of this Agreement shall be the laws of Japan.

Article 27 (Entry into Force)

These Terms shall come into effect on April 15, 2024.