Track Terms of Use

Article 1 (Definitions)

In the Terms of Use, each term shall have the meaning stipulated below:

• 　“User” refers to corporation or organization which completes registration according to Article 4.
• 　“Programming Test and Materials” collectively refer to (i) tests and educational materials related programing provided by the Company on the Service (“Original Test/Materials”) and (ii) tests and educational materials related programing uploaded by the User on the Service (“User-Provided Test/Materials”).
• 　“Examinee/Participant” refers to persons who take or attend Programming Test and Materials.
• 　“Answer Data” refers to the data provided by Examinees/Participants to the Company as answers to Programming Test and Materials.
• 　“Intellectual Property Rights” refer to copyrights, patent rights, utility model rights, trademark rights, design rights (including the rights to acquire these rights or apply for registration, etc. of these rights), as well as ideas, know-how, etc.

Article 2 (Purpose)

The Terms of Use are established to stipulate matters, usage methods, and usage conditions, etc. that the User are required to comply with when using the Service.

Article 3 (Compliance with the Terms)

• The User must understand and agree to all the contents of the Terms of Use before using the Service and comply with the Terms of Use when using the Service.
• When the User start using the Service, the the User will be deemed to have understood the Terms of Use and agreed to all of its contents.
• Detailed usage conditions for the Service not stipulated in the Terms of Use will be separately stipulated by the Company.
• Usage conditions, terms, and compliance requirements, etc. (hereinafter referred to as the “Usage Conditions”) separately established by the Company shall have the same effect as the Terms of Use, and the User shall use the Service in accordance with the Usage Conditions, in addition to the Terms of Use.
• In the event of any inconsistency between the contents of the Terms of Use and the explanations, etc., regarding the Service in the Usage Conditions of the preceding paragraph, the contents of the Terms of Use shall prevail.

Article 4 (User Registration)

• Corporation or organization who desire to use the Service (hereinafter referred to as “Registration Applicants”) may apply to the Company for registration to use the Service subject to agree to the Terms of Use and provide information specified by the Company (hereinafter referred to as the “Registration Information”) to the Company in the manner specified by the Company.
• The Company shall determine whether to approve the use of the Service by Registration Applicants who have applied in accordance with preceding paragraph based on criteria established by the Company, and if the Company determine to approve the use, the Company shall notify the Registration Applicant of such approval and issue the ID, password, URL, and other credentials necessary for using the Service (hereinafter collectively referred to as “IDs”).
• Upon approval of the registration application defined in the preceding paragraph, a service usage contract (hereinafter referred to as “Usage Contract”) regarding the Service shall be established between the Company and the User, and the User shall be able to use the Service from the time the Usage Contract is established.

• The Company may refuse registration defined in paragraph 2 and re-registration when a Registration Applicant falls under any of the following circumstances and shall have no obligation to disclose the reasons therefor. Furthermore, the Company shall have no responsibility for any damage suffered by the Registration Applicant cause of such refusing registration or re-registration.

  1. (i) All or part of the Registration Information provided to the Company contains false information, errors, or omissions
  2. (ii) The Company determines that the Registration Applicant is an antisocial force (meaning organized crime groups or other similar entities and hereinafter referred to as the “Antisocial Force”) or engages in some form of interaction or involvement with Antisocial Force, such as cooperating with or participating in the maintenance, operation, or management of Antisocial Force through funding or other
  3. (iii)The Company determines that the Registration Applicant has previously violated a contract with the Company or is related to such entity
  4. (iv)Registration Applicant has previously been subject to Termination of Registration as stipulated in Article 9 or other similar measures
  5. (v) The Company otherwise determines that it would be inappropriate to allow the Registration Applicant use of the Service
• The User shall promptly notify the Company of any changes to its Registration Information without delay.

Article 5 (Management of IDs)

• The User shall be responsible for the management and safekeeping of the IDs necessary for using the Service. The Company shall not be held liable for any damages arising from theft, loss, misuse, unauthorized use by third parties, etc. Furthermore, if an User’s IDs is used, the Company shall deem it as usage by the User. the User shall be responsible for all actions taken using their own IDs and their consequences, regardless of the reason.
• The User shall not allow third parties to use their IDs, lend, transfer, change the ownership of, sell, etc. their IDs.
• The User shall immediately notify the Company of any theft, leakage, forgetting of IDs or any suspicion that their IDs are being used by third parties against the User will.

Article 6 (Prohibited Activities)

The User shall not engage in or allow Examinees/Participants to any acts that fall or may fall under any of the following, while using the Service:

• (i) Acts that violate laws or regulations or are related to criminal acts.
• (ii) Fraud or intimidation against the Company, other User or Examinees/Participants of the Service, or any other third parties.
• (iii) Acts contrary to public policy.
• (iv) Acts that infringe upon the intellectual property rights, portrait rights, privacy rights, reputation, or any other rights or use of the Company, other User or Examinees/Participants of the Service, or any other third parties.
• (v) Transmitting to the Company or other User of the Service, through the Service, any information that falls under any of the following or in the Company’s judgment, falls under any of the following:
  1. Information containing excessively violent or cruel expressions.
  2. Information containing computer viruses or other harmful computer programs.
  3. Information containing expressions that defame or discredit the Company, other Examinees/Participants of the Service, or any other third parties.
  4. Information containing excessively obscene expressions.
  5. Information containing expressions that encourage discrimination.
  6. Information that containing expressions that encourage suicide or self-harm.
  7. Information that containing expressions that encourage the inappropriate use of drugs.
  8. Information containing antisocial expressions.
  9. Information that requests the dissemination of information to third parties such as chain emails.
  10. Information containing expressions that discomfort others.
  11. Information intended for encounters with unacquainted persons of the opposite sex.
• (vi) Acts that place excessive load on the network or system of the Service.
• (vii) Acts that may interfere with the operation of the Service.
• (viii) Accessing or attempting to access the Company’s network or system, etc. without authorization.
• (ix) Unauthorized use of IDs .
• (x) Allowing third parties to use one’s own or other User’s IDs, or lending, transferring, changing the ownership of, selling, etc. IDs
• (xi) Advertising, promoting, soliciting, or conducting business activities on the Service without prior permission from the Company.
• (xii) Collecting information of other User of the Service.
• (xiii) Acts that cause disadvantage, damage, or discomfort to the Company or other third parties of the Service.
• (xiv) Providing benefits to antisocial forces, etc. or interacting or involving with antisocial forces, etc.
• (xv) Acts intended for encounters with unacquainted persons of the opposite sex.
• (xvi) Acts that directly or indirectly induce or facilitate any of the acts of each item above.
• (xvii) Any other acts deemed inappropriate by the Company.

Article 7 (Ownership of Rights)

• All Intellectual Property Rights related to the Service belong to the Company or the licensors that have granted licenses to the Company. Except for the Company and the licensors that have granted licenses to the Company, regardless of the method or form, no one shall, without the Company’s permission, reproduce, copy, reprint, transmit, store, sell, publish, or use beyond the scope of the Service’s Usage Contract.
• Notwithstanding the preceding paragraph, Intellectual Property Rights within User-Provided Test/Materials shall belong to the User provided such User-Provided Test/Materials.
• The User shall represent and warrant to the Company that have lawful rights to provide the data, including User-Provided Test/Materials, which is provided to the Company by the User and that such User-Provided Test/Materials do not infringe upon any third party’s Intellectual Property Rights, ownership, or other rights and interests.
• The Company may reproduce, adapt, automatically transmit to the public and any act to make available for such transmission the User-Provided Test/Materials for free and without limitation of term and region, otherwise after termination of the usage agreement, to the extent necessary for the provision, maintenance, improvement and promotion of the Service, and the User shall agree to such use of the Company.
• In cases where the User holds copyright over Answer Data provided by Examinee/Participant based on any laws, regulations or other grounds, the User shall transfer the copyright of such Answer Data to the Company free of charge.
• The User shall not engage in any acts that interfere with the Company’s use of Answer Data including, but not limited to, receiving transfers of copyrights or other rights to Answer Data from Examinee/Participant.
• The User may use Answer Data only from Examinee/Participant to whom the User have granted the right to take the Programming Test and Materials, to the extent that necessary for analyzing the programming abilities of such Examinee/Participant.
• The User shall agree not to exercise the moral right of author against the Company or third party specified by the Company, and not to allow Examinee/Participant who have answered the Programming Test and Materials using this service to exercise the moral right of author.

Article 8 (Usage Fees)

The User shall pay the fees for the Service (hereinafter referred to as the “Usage Fees”) as separately specified by the Company by bank transfer to the bank account specified by the Company in accordance with payment terms specified by the Company. Bank transfer fees shall be borne by the User.

Article 9 (Termination of Registration)

The Company may, without prior notice or demand, temporarily suspend the use of the Service, terminate the registration as the User, and/or cancel the Usage Contract for any User who falls under any of the following items. The Company shall not be liable for any damages incurred by the User as a result of actions taken by the Company based on this article.

1. (i) In the event of violation of any provision of the Terms of Use.
2. (ii) If it is discovered that there are false facts in the Registration Information.
3. (iii) If there is no response for 60 days or more to inquiries or other requests for a response.
4. (iv) In the event that any of the items in Article 6.1 apply.
5. (v) In other cases where the Company determines the use of the Service or registration as Examinees/Participants to be inappropriate.

Article 10 (Terms)

The terms of the Usage Contract shall be individually determined at the time of application for registration to use the Service as defined in Article 4, paragraph 1, and unless the User provides notice that will not be renewed the Usage Contract at least 30 days prior to the expiration of the Usage Contract, it shall be extended for the same terms, and the same shall apply thereafter.

Article 11 (Conditions After Termination)

• In the event that the User terminates the Usage Contract at their own discretion and registration is cancelled, paid Usage Fees shall not be refunded.
• In the event that the User has outstanding monetary debts to the Company at the time that the User terminates the Usage Contract, the User shall immediately pay to the Company all monetary debts owed to the Company, including those that the payment due dates have not yet arrived.
• The personal information of the User after termination of the Usage Contract shall be handled in accordance with Article 19.

Article 12 (Suspension of the Service)

• The Company may suspend or interrupt the provision of all or part of the Service without prior notice to theUser if any of the following circumstances apply:

  1. (i) When emergency inspections or maintenance work on the computer systems related to the Service are conducted.
  2. (ii) When computers, communication lines, etc., are stopped due to accidents, etc.
  3. (iii) When the operation of the Service becomes impossible due to force majeure events such as earthquakes, lightning strikes, fires, windstorm, flood, power outages, and natural disaster.
  4. (iv) In any other cases where the Company determines that it is necessary to suspend or interrupt the Service.
• The Company shall not be liable for any damages incurred by the User as a result of measures taken by the Company based on this article.

Article 13 (Changes to the Service Content and Termination)

• The Company may change the content of the Service or terminate the Service at its own discretion. When the Company terminates the Service, the Company shall notify the User in advance through methods determined by the Company.
• The Company shall have no responsibility whatsoever for any damage incurred by the User based on measures taken by the Company under this Article.

Article 14 (Disclaimer of Warranty and Liability)

• The Company provides the Service “as is”, and makes no warranties or guarantees regarding whether the Service will meet the specific purposes of the User, whether it will have the expected functionality, commercial value, accuracy, and/or usefulness (including, but not limited to, the appropriateness of Programming Test and Materials and the accuracy of grading results for Answer Data), whether User’s use of the Service complies with applicable laws and regulations or internal rules of industry organizations, and/or whether malfunctions will not occur.
• The Company shall not be liable, except in cases of intentional misconduct or gross negligence by the Company, for interruptions, suspensions, terminations, unavailability, and/or changes in the provision of the Service by the Company, deletion and/or loss of messages or information transmitted by the User through the Service, termination of the User’s registrations, loss of registration data, malfunction and/or damage of equipment due to the use of the Service, and/or any other damage incurred by the User in relation to the Service.

Article 15 (Damages)

• In relation to the use of this Service, in the event that damages occurs to the Company, the Company’s customers, other users, Examinee/Participant, or other third parties due to causes attributable to the User, the User shall be liable to compensate the Company for all such damages, including but not limited to attorney fees, costs required for restoring the Company’s or this Service’s credibility and/or impression.
• In addition to the preceding paragraph, in the event that the Company is compelled to make damage compensation or other payments in response to claims from other User, Examinee/Participant, or other third parties due to the User’s actions, the User who caused such circumstances shall compensate the Company for all damages suffered by the Company.
• In the event that the User receives claims from other User, Examinee/Participant, or other third parties in relation to the Service, or disputes arise with such parties, the User shall immediately notify the Company of the details, handle such claims or disputes at the User’s own cost and responsibility, and report the progress and results to the Company upon the Company’s request.
• The Company shall have no responsibility whatsoever for transactions, communications and/or disputes that arise between the User and other User, Examinee/Participant or other third parties in relation to the Service.
• In cases where a court with jurisdiction determines that all or part of the provisions in the Terms of Use and/or the Usage Contract that exempt the Company’s liability are not applicable, and when damages occur to the User directly due to the Company’s actions, the Company shall compensate only for direct and ordinary damages actually suffered by the User. The damage compensation provided by the Company shall be limited to the amount of the Usage Fees which the Company have actually received from the User who have suffered such compensated damage within the past one (1) year retrospectively from the time of the Company’s act which caused such damage.

Article 16 (Confidentiality)

• The User shall not disclose or leak to third parties any technical, operational, or other business information of the Company that they have learned in connection with the Service (including information of the Company’s customers, and hereinafter collectively referred to as “Confidential Information”), except with the prior written consent of the Company. Provided, however, that this shall not apply to information that falls under any of the following items:

  1. (i) Information that was already known to the public at the time of receipt.
  2. (ii) Information that becomes publicly known after receipt.
  3. (iii) Information that is already in the possession without any obligation of confidentiality.
  4. (iv) Information that is legitimately obtained from a third party without an obligation of confidentiality after receipt.
  5. (v) Information that is developed independently without relying on the received information.
• The User shall use the Confidential Information provided by the Company only for the purpose of the Terms of Use or the Usage Contract. The User may reproduction or modification of such Confidential Information only with prior written consent of the Company.
• The User may disclose the Confidential Information only to its own officers, employees or Examinee/Participant who need to know the Confidential Information (hereinafter collectively referred to as the “Employees”) for the purpose specified in preceding paragraph, provided however that the user shall ensure that such Employees are subject to at least same confidential obligation which the User owes to the Company and shall be liable for any breach of such obligations by Employees.
• In the event that Confidential Information becomes unnecessary for the purpose specified in paragraph 1, or Usage Contract is terminated or cancelled, the User must promptly return Confidential Information to the Company or irreversibly delete or destroy it in accordance with the Company’s instructions.

Article 17 (Non – Assignment)

• The User shall not transfer, assign or otherwise dispose of, have assumed by a third party, or provide as collateral, all or any part of its contractual position under the Terms of Use and/or the Usage Contract and the rights and obligations arising therefrom, without the prior written consent of the Company.
• In the event that the Company transfers the business related to the Service to any third party, the Company may transfer to such third party the contractual position, rights and obligations under this Terms of User and Usage Contract, as well as information acquired by the Company through the Service, and the User shall agree to such transfer. The business transfer set forth in this section shall be including but not limited to split-off, de-merger and all other cases where business is transferred.

Article 18 (Notifications)

• Notifications or communications from the User to the Company (hereinafter collectively referred to as “Notifications”) and Notifications from the Company to the User shall be made by email or other methods specified by the Company.
• The Notifications from the Company to the User shall be effect at the time the Company sends such Notifications regardless of whether the User actually receives or recognizes such Notification.

Article 19 (Handling of Personal Information and Answer Data)

The handling of User’s personal information by the Company shall be governed by the provisions of the “Privacy Policy” (https://tracks.run/privacy-policy-en/). The User hereby agree to the Company’s handling of personal information in accordance with these provisions.

Article 20 (Amendment of the Terms of Use)

The Company may amend the Terms of Use at its discretion without prior notice. In the event that the Company amend the Terms of Use, the Company shall notify the User of the content of such amendment and if the User use the Service after such notice or does not complete the withdrawal procedures within the period stipulated by the Company, the User shall be deemed to have agreed to the amendments in the Terms of Use. Any rights and obligations that have already arisen based on the Terms of Use shall not be affected by the amended Terms of Use unless otherwise stipulated in the amended Terms of Use.

Article 21 (Severability)

Even if any provision or part thereof of the Terms of Use is determined invalid or unenforceable for any reason, the remaining provisions of the Terms of Use and the remaining parts of the provisions that were determined to be invalid or unenforceable shall remain in full force and effect. In addition, the remaining provisions or parts of the provisions that were determined to be invalid or unenforceable shall be applied by replacing the invalid provisions or parts of provisions with valid provisions or parts of provisions that are closest to the intent of the provisions or parts of provisions that are invalid or unenforceable, or by reasonably interpreting such provisions or parts of provisions so as to make such provisions valid provisions that are closest to the intent of the provisions or parts of provisions that are invalid or unenforceable.

Article 22 (Governing Law and Jurisdiction)

The Terms of Use and the Usage Contract shall be governed by the laws of Japan, and any and all disputes arising from or related to the Terms of Use or the Usage Contract shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 23 (Resolution through Consultation)

In the event that any doubts arise regarding the matters not stipulated in the Terms of Use and/or the Usage Contract or the interpretation of the content of the Terms of Use and/or the Usage Contract, the User and the Company shall promptly seek resolution through mutual consultation in good faith.

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June 9, 2025 (Established)