TestQuest Terms and Conditions
Sango technologies, Inc. (hereinafter referred to as "Our Company") stipulates the following terms of use (hereinafter referred to as "These Terms") regarding the use of a point activity service, "TestQuest".
Article 1 (Application)
These terms stipulate the terms and conditions for the use of the various services and data provided by "TestQuest" (collectively, the "Service") and points (hereinafter, "Points") that can be obtained through such use. The Service (hereinafter, including parts of the Service) can only be used by users (hereinafter, "User" or "Users") who have agreed to These Terms in a manner specified by Our Company, and These Terms apply between Our Company and all Users of the Service. In addition, These Terms also apply to any updated or modified versions of the Service.
Article 2 (Conditions of Use)
- Our Company grants Users a non-exclusive and non-transferable right to create up to one (1) account and use the Service only through that account in accordance with These Terms and the method of use notified to the Users from time to time in the Service.
- When using the TestQuest App (hereinafter referred to as "the App"), including downloading, installing, and uninstalling the App, the User shall comply with all applicable laws and regulations and shall do so at his/her own risk.
- In relation to the use of the Service, the User shall prepare and maintain the environment necessary to use the Service and pay the communication charges of the telecommunications carrier.
- During the use of the Service, the User agrees that the Service may be temporarily unavailable due to a deterioration in the communication environment or other reasons.
- The User agrees that if the User deletes or uninstall the App, or deletes his/her account created in connection with the use of the Service, all data on the User's device previously acquired through the use of the Service shall be irretrievably erased.
Article 3 (User Registration)
- When using the Service, the User shall have one account to log in to the Service.
- When registering account information, the User shall provide true and accurate information.
- If there is a change in the account information, the User shall register the change without delay using the method specified by Our Company. Our Company shall not be liable for any damages or other disadvantages resulting from failure to make such changes.
- The User shall properly manage the account information at their own responsibility and shall not allow any third party to use the account information, or transfer or lend the account information to any third party.
- The User shall be liable for any damages caused by the User's insufficient management of the account information, errors in use, or use by a third party, and Our Company shall not be liable for such damages.
- The User shall use the account information only for the purpose of using the Service, and shall not use it in any manner not anticipated by Our Company, such as for other services provided by Our Company.
Article 4 (Prohibitions on the Service)
- Except as expressly permitted on the Service, when using the Service, the User shall not engage in any of the following acts.
- Reproducing, copying, duplicating, transferring, extracting, processing, modifying, making transmittable, or making any other secondary use of the Service
- Allowing any third party to use the Service by lending, selling, redistributing, publicly transmitting, sublicensing the Service
- Analyzing or modifying the Service by disassembling, decompiling, reverse engineering the Service
- Infringing the rights of Our Company or other third parties regarding the Service, or causing disadvantage or damage to Our Company or other third parties, or any act that may cause such disadvantage or damage
- Interfering with the operation of the Service, or any act that may cause such results
- Using or attempting to use the Service by impersonating any third party or a fictitious person
- Acts that violate Article 2, Paragraph 1
- Making inquiries, requests, or other contact with advertisers or their advertising agencies (hereinafter referred to as "Advertisers") whose advertisements are posted on the Service
- Obtaining or attempting to obtain Points by using the Service fraudulently or falsely
- Using the Service for profit-making or commercial purposes without our prior written consent
- Any act that violates laws and regulations or is related to any criminal activity
- Any act that goes against public order and good morals
- Any act of assigning, selling, cashing out, or otherwise converting Points into cash for a third party, or engaging in transactions with a third party for any of the foregoing purposes
- Any act that directly or indirectly causes or facilitates any of the acts listed above
- Any other act that Our Company reasonably determines to be inappropriate based on reasonable grounds
- Our Company shall take the following measures against the User without prior notice if the User commit any of the acts listed in the preceding paragraph or violates These Terms,
- Temporarily suspending use of the Service
- Deleting the User's account
- Cancellation of permission to use the Service
- Cancellation of Points obtained by the User
Article 5 (Ownership of Rights)
All rights, including copyrights, trademarks, and other intellectual property rights, related to the Service belong to Our Company or a third party that has granted the rights to Our Company.
Article 6 (No Warranty)
Our Company makes no warranty whatsoever with respect to the accuracy or completeness of any information provided by the Service, its suitability for a particular purpose, or the normal operation or functionality of the Service on User's device. The Company also makes no warranty, express or implied, that the Service does not infringe on the intellectual property rights of third parties.
Article 7 (Provision of Various Functions by Affiliated Partners)
- When using the Service, if the User uses the various functions provided by our affiliated partners, the User shall comply with the terms of use and other conditions set by the partner in addition to These Terms.
- Our Company does not guarantee the accuracy or completeness of the various functions provided by our affiliated partners and the information provided based on such functions, their suitability for a particular purpose, or the normal operation or functionality of the Service on User's device.
Article 8 (Testing Activities)
Testing activities conducted by the User through the Service (hereinafter referred to as "Testing Activities") and the data generated thereby (hereinafter referred to as "Test Data") shall be handled as follows.
- Participation in the Testing Activities is voluntary and at the User's sole discretion, and the Company does not grant the User any status under any employment, independent contractor, contract for work, or other similar agreement for the provision of labor or services.
- The User shall be free to decide whether to participate in, continue, suspend, discontinue, or otherwise engage in the Testing Activities, and the Company shall not impose on the User any obligation to participate or any constraints with respect to working hours, workload, work methods, or any other matters.
- Any test results, impressions, responses, or other materials requested from the User in connection with the Service shall be provided for the purposes of verifying application performance, improving quality, analyzing usage, and other purposes incidental thereto, and, in principle, the Company does not request the provision of the User's name, address, telephone number, email address, or any other information that identifies the User personally. Unless the Company expressly requests otherwise, the User shall not include any personal information in submitting such test results or other materials.
- Any Points granted to the User shall be provided free of charge as a token of appreciation or incentive for the User's voluntary participation in the Testing Activities or other voluntary cooperation with respect to the Service, and shall not constitute wages, salary, compensation, remuneration, or any other consideration for labor or services.
- Test Data is generated when the User conducts tests of third-party applications through this application and is transmitted to servers managed by the Company.
- Test Data transmitted to the servers referred to in the preceding item shall be displayed in this application.
- Test Data may not be transmitted properly if the User's device is powered off, or if, at the time this application is launched, the User's device is out of service range or the telecommunications environment is otherwise not properly available.
- Points earned as calculated based on the User's Test Data may be disclosed within this application in a form that does not identify the individual User, and may be shared with other users of this application.
Article 9 (Handling of Awarded Points)
- Points granted to Users in the Service are service-related benefits or incentives granted free of charge by the Company, and Users may not purchase Points by paying money or providing any other consideration.
- Points may not be redeemed, refunded, or converted into cash vis-à-vis the Company (except as provided in Paragraph 6), and may not be exchanged for cash or any other legal tender.
- Points may not be assigned, succeeded to, lent, sold, or provided as collateral to or in favor of any third party.
- Points do not constitute crypto-assets, financial instruments, prepaid payment instruments, or anything similar thereto, and do not provide Users with any opportunity to hold, manage, or invest assets of monetary value.
- The Company shall grant Points in such quantities as separately prescribed by the Company when a User uses various services in the Service, participates in testing activities, or otherwise satisfies conditions specified by the Company.
- In accordance with such methods, conditions, and timing as separately designated by the Company or its business partners, a User may apply to exchange the Points held by the User for points, coupons, or other benefits issued by third parties designated by the Company or its business partners. Any such exchange shall become effective only upon approval by the Company or its business partners and completion of any other prescribed procedures, and submission of an application alone shall not guarantee completion of the exchange.
- The destination of exchange, exchange conditions, exchange ratios, exchange periods, exchange procedures, information required for exchange, exchange limits, and any other conditions relating to exchange may be established, changed, suspended, or terminated at any time at the discretion of the Company or its business partners.
- With respect to any third-party service that serves as an exchange destination, the User shall comply with the terms of use, conditions, procedures, and any other rules separately prescribed by such third party. An exchange application may fail to be completed, may be put on hold, or may be canceled due to the circumstances, screening, system failures, usage restrictions, or any other reasons attributable to the relevant third-party service.
- After submitting an exchange application, the User may not withdraw, cancel, or modify such application except where separately permitted by the Company or its business partners. In addition, once an exchange has been completed, the User may not request the return, re-grant, refund, or re-exchange of the exchanged Points.
- The Company shall not be liable for any damages incurred by the User arising from the content, conditions of use, expiration, availability, or any other matters relating to points, benefits, products, or the like offered through the third-party service serving as the exchange destination, except in cases of willful misconduct or gross negligence on the part of the Company.
- Points expire 180 days after the last day the User obtained Points on the Service.
- The Company shall from time to time designate benefits that may be exchanged for Points and display them on the screens of the Service. In addition, the Company may at any time change the types, contents, and exchange conditions of the benefits designated by the Company.
- The Company shall not be liable for any inquiries, communications, disputes, or other matters relating to coupons or other benefits arising between a User and any store that is eligible for Point exchange.
- Our Company may cancel the Points granted to the User if any of the following items apply.
- If the User cancels (including returns) the purchase of the Advertiser's goods or services (hereinafter referred to as "goods")
- If the User does not pay the price/fees for the goods to the Advertiser
- If the Points granted otherwise do not correspond to the Advertiser's revenue or other performance results.
- Even if, in the future, the Company introduces products, features, or benefits in the Service that are offered for consideration, the rights or value associated with such paid offerings shall be treated separately from the Points granted free of charge under this Article, and both shall be distinguished from each other in the system and under these Terms.
- The tax treatment of any points, gift certificates, electronic money, codes, or other benefits obtained or exchanged by a User through the Service may vary depending on the User's attributes, the reason for acquisition, the manner of use, the details of the exchange, and other circumstances. Where the User may be subject to income tax or any other tax burden or tax filing obligation in connection therewith, the User shall, at the User's own responsibility and expense, confirm the applicable tax treatment and make any necessary tax filings and tax payments, and Our Company shall bear no responsibility for any tax payments or any other tax treatment.
Article 9-2 (Relationship with Partner Services)
- The User acknowledges and agrees that third-party services linked to the Service, including services serving as destinations for Point exchanges (collectively, "Partner Services"), are separate and independent from the Service, and the User shall use such Partner Services at the User's own responsibility.
- In using any Partner Service, the User shall comply with the terms of use, privacy policy, and any other conditions separately prescribed by the relevant Partner Service.
- The Company makes no representation or warranty whatsoever regarding the content, continuity, legality, usefulness, exchangeability, or any other aspect of any Partner Service.
- Any inquiries, communications, disputes, inability to exchange, delays in exchange, expiration, or any other issues arising between the User and any Partner Service shall be resolved between the User and the provider of such Partner Service, except in cases of willful misconduct or gross negligence on the part of the Company.
Article 10 (Content)
Text, images, and other information that users may post, upload, link, or otherwise make available (hereinafter referred to as "Content") shall be treated as follows:
- The User may post Content on the Service. The User shall be responsible for the legality, reliability, and appropriateness of the Content they post on the Service.
- The User grants Our Company a worldwide, exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, create derivative works from, display, and perform the Content posted.
- This license includes permission and authorization for Our Company to exercise property claims (such as claims for damages) against unauthorized use of the Content, including by filing lawsuits in which Our Company is the plaintiff and the unauthorized user is the defendant. Provided that this license does not restrict the Users from using the Content they themselves have posted.
- The User retains all rights to the Content they transmit, post, or display on or through the Service and are responsible for protecting these rights. The User agrees that this license includes the right for Our Company to make the User's Content available to other users of the Service.
- Other users may use the User's Content in accordance with these Terms.
- The User represents and warrants that (i) the Content is the User's (the User owns it) or the User has the right to use it and grant Our Company the rights and license set forth in these Terms, and (ii) the posting of User's Content on or through the Service does not violate any person's privacy rights, publicity rights, copyrights, contract rights, or other rights.
- Our Company is not responsible for User's Content posting on the Service. The User expressly understands and agrees that the User is solely responsible for the User's Content postings and all activities that occur under User's account (whether by the User or any third party using User's account).
- The User may not submit any Content that is unlawful, offensive, upsetting, disgusting, threatening, defamatory, libelous, obscene, or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:
- Anything that is illegal or promotes illegal activities.
- Anything that is defamatory, discriminatory or immoral, including references or interpretations of religion, race, sexual orientation, sex, national/ethnic origin or any other target group.
- Any unauthorized or unsolicited advertising, chain letters or other unauthorized solicitation, whether spam, machine-generated or randomly generated, or any form of lottery or gambling.
- Anything that contains or installs viruses, worms, malware, Trojan horses or other content designed or intended to interrupt, damage or limit the functionality of any software, hardware or telecommunications equipment, or to damage or gain unauthorized access to any data or other information of any third party.
- Anything that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party, including Our Company.
- Anything that impersonates any person or entity, including Our Company or our employees or representatives.
- Anything that violates the privacy of any third party.
- Incorrect information and articles.
- Our Company reserves the right, but are not obligated, to determine in our sole discretion whether Content is appropriate and complies with these Terms and to refuse or remove such Content.
- Our Company further reserves the right to format, edit, and change the format of Content. Our Company may restrict or terminate the use of the Service of any user who posts any of the above-mentioned offensive Content.
- Our Company cannot control all Content posted by users and/or third parties on the Service, and the User agrees to use the Service at his/her own risk.
- The User understands that by using the Service, he/she may encounter Content that he/she finds offensive, indecent, inaccurate, or objectionable, and agree that under no circumstances will Our Company be liable for any Content, including any errors or omissions in any Content, or any loss or damage incurred as a result of the use of any Content.
- While regular backups of Content are performed, "Our Company" does not guarantee that data loss or corruption will not occur.
- Corruption or invalidity of backup points may occur due to content being corrupted prior to backup or content being changed while backup is in progress.
- Our Company will provide support and attempt to troubleshoot known or discovered issues that may affect content backups. Provided that the User agrees that Our Company is not responsible for the integrity of content or failure to successfully restore content to a usable state.
- The User agrees to maintain a complete and accurate copy of your content in a location independent of the Service.
Article 11 (Changes, Suspension, and Termination of the Service)
- Our Company may improve, add, suspend, change, delete, or disable access to the content and delivery method of the Service at our discretion without prior notice.
- If any of the following events occur, Our Company may suspend or stop delivery of all or part of the Service without prior notice to Users.
- When regular or emergency maintenance, construction, or measures against failures are required for the equipment necessary for the delivery of the Service.
- When delivery of the Service is impossible due to force majeure such as the suspension of telecommunications services by telecommunications carriers, fire, power outage, accident, war, unrest, riot, labor dispute, natural disaster, computer virus, or other reasons not attributable to Our Company.
- When Our Company determine that it is unavoidable from an operational or technical standpoint.
- When Our Company otherwise reasonably determine that it is necessary based on reasonable grounds.
- Even if the User suffers damage as a result of our measures based on the preceding two paragraphs, Our Company shall not be liable for any compensation.
Article 12 (Changes to Terms of Use)
Our Company may change the contents of these Terms without obtaining individual consent from the User in any of the following cases.
- When the changes to these Terms is in the general interest of Users.
- When the change to these Terms is not contrary to the purpose of the contract and is reasonable in light of the necessity of the change, the appropriateness of the changed content, and other circumstances related to the change.
When Our Company change these Terms pursuant to the provisions of the preceding paragraph, Our Company will notify Users of the content of the changed Terms and the effective date by displaying it in the App or by other means that Our Company deems appropriate. If the revision is significant, Our Company will make reasonable efforts to notify the User at least 30 days before the new terms take effect. What constitutes a significant change will be determined at our sole discretion.
By continuing to access or use the Service after the revision takes effect, the User agrees to be bound by the revised Terms. If the User does not agree to all or part of the new Terms, please discontinue use of the App and the Service.
Article 13 (Changes or Termination of the Service)
- Our Company may change the content of the Service or terminate its provision at our own convenience. If Our Company terminates the provision of the Service, Our Company will notify Users in advance.
- If the provision of the Service is terminated pursuant to the preceding paragraph, all Points earned by the User through the Service shall expire.
- Our Company shall not be liable for any damages incurred by Users as a result of measures taken pursuant to this Article.
Article 14 (Prohibition of Transfer)
- The User shall not transfer, assign, pledge, or otherwise dispose of any rights or obligations under these Terms to any third parties.
- If Our Company transfers the business related to the Service to another company, Our Company may transfer the status under these Terms, the rights and obligations based on these Terms, and the User's registration details and other user information to the transferee of the business transfer, and the User agrees to such transfer in advance in this paragraph. Note that the business transfer specified in this paragraph includes not only normal business transfers, but also company splits and all other cases in which the business is transferred.
Article 15 (Disputes between Users)
The User shall resolve any inquiries, communications, disputes that arise between a User and another User or third party in relation to the Service at his/her own responsibility and expense, and Our Company shall not be held liable in any way.
Article 16 (Disclaimer)
- Our Company shall not be held responsible for any goods or services provided by advertisers or any transactions with Users.
- Our Company shall not be held responsible for any damages incurred by Users or other third parties in connection with the Service, regardless of whether such damages were foreseeable.
Article 17 (Damages)
- Notwithstanding the previous article and other provisions of these Terms, if the User is a consumer under the Consumer Contract Act, the User shall be treated as follows.
- Our Company shall compensate the User for damages incurred as a result of Our Company's intentional or gross negligence.
- If Our Company is liable for breach of contract or tort, Our Company shall compensate up to a maximum of 100 USD. Provided that this does not include the case in Item 1 of this paragraph.
Article 18 (Export Control Regulations)
- The User may not use or export or re-export the Service and related documents except as permitted by the Foreign Exchange and Foreign Trade Act and other export-related laws and regulations (hereinafter referred to as "Export Control Laws"), the U.S. Export Administration Act and other foreign import and export-related laws and regulations, and the laws of the country in which the Service and related documents were obtained.
- The Service and related documents may not be exported or re-exported to any of the following persons:
- Countries embargoed by the United States
- Anyone on the Specially Designated Nationals List of the U.S. Treasury Department and Anyone on the Denied Person's List/Entity List of the U.S. Department of Commerce
- By using the Service and related documents, the User represents and warrants that he/she is not a resident of a country falling under item 1 of the preceding paragraph and is not on the list under item 2 of the same paragraph.
- The User agree not to use the Service or any related documentation for any purposes prohibited by the laws and regulations of the United States and Japan (including, but not limited to, nuclear weapons, missiles, chemical weapons, or biological weapons).
Article 19 (Jurisdiction)
- These Terms shall be governed by the laws of Japan.
- If any doubts or disputes arise between the User and Our Company regarding these Terms, they shall be resolved through good faith negotiations. If the matter is still not resolved, the Tokyo Summary Court or the Tokyo District Court shall be the exclusive court of first instance.
Article 20 (Severability)
Other matters not specified in these Terms shall be governed by our separate provisions. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, such provision shall be amended or interpreted to the maximum extent permitted by law so as to realize the intent of the original provision, and shall not affect the validity of any other provisions of these Terms.
Article 21 (Contact Us)
If the User has any questions about these Terms, please contact us at the following:
Email: support@sango-tech.com