"Track" Examinee/Participant Terms of Use

Article 1 (Definitions)

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

1. “Programming Problems and Materials” refer to the programming-related problems and educational materials provided by the Company on the Service.
2. “Examinee/Participant” refers to persons who take or participate in Programming Problems and Materials offered on the Service.
3. “Answer Data” refers to the data provided by Examinees/Participants to the Company as answers to Programming Problems and Materials.
4. “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 Examinees/Participants are required to comply with when using the Service.

Article 3 (Compliance with the Terms)

1. Examinees/Participants must understand and agree to all the contents of the Terms of Use before using the Service. Additionally, Examinees/Participants must comply with the Terms of Use when using the Service.
2. When Examinees/Participants start using the Service, the Examinees/Participants will be deemed to have understood the Terms of Use and agreed to all of its contents.
3. Detailed usage conditions for the Service not stipulated in the Terms of Use will be separately stipulated by the Company.
4. 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 Examinees/Participants shall use the Service in accordance with the Usage Conditions, in addition to the Terms of Use.
5. 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 provisions of the Terms of Use shall take precedence.

Article 4 (Management of IDs)

1. Examinees/Participants 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 Examinee/Participant’s IDs is used, the Company shall deem it as usage by that Examinee/Participant. Examinees/Participants shall be responsible for all actions taken using their own IDs and their consequences , regardless of the reason.
2. Examinees/Participants shall not allow third parties to use their IDs, lend, transfer, change the ownership of, sell, etc. their IDs.
3. Examinees/Participants 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 Examinees/Participants’ will.

Article 5 (Prohibited Activities)

1. Examinees/Participants shall not engage in any acts that fall or may fall under any of the following items, while using the Service:

   1. ①Acts that violate laws or regulations or are related to criminal acts.
   2. ②Fraud or intimidation against the Company, other Examinees/Participants of the Service, or any other third parties.
   3. ③Acts contrary to public policy.
   4. ④Acts that infringe upon the intellectual property rights, portrait rights, privacy rights, reputation, or any other rights or use of the Company, other Examinees/Participants of the Service, or any other third parties.

   5. ⑤Transmitting to the Company or other Examinees/Participants 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:

      • Information containing excessively violent or cruel expressions.
      • Information containing computer viruses or other harmful computer programs.
      • Information containing expressions that defame or discredit the Company, other Examinees/Participants of the Service, or any other third parties.
      • Information containing excessively obscene expressions.
      • Information containing expressions that encourage discrimination.
      • Information that containing expressions that encourage suicide or self-harm.
      • Information that containing expressions that encourage the inappropriate use of drugs.
      • Information containing antisocial expressions.
      • Information that requests the dissemination of information to third parties such as chain emails.
      • Information containing expressions that discomfort others.
      • Information intended for encounters with unacquainted persons of the opposite sex.
   6. ⑥Acts that place excessive load on the network or system of the Service.
   7. ⑦Acts that may interfere with the operation of the Service.
   8. ⑧Accessing or attempting to access the Company’s network or system, etc. without authorization.
   9. ⑨Unauthorized use of IDs .
   10. ⑩Allowing third parties to use one’s own or other Examinees/Participants’ IDs, or lending, transferring, changing the ownership of, selling, etc. IDs
   11. ⑪Advertising, promoting, soliciting, or conducting business activities on the Service without prior permission from the Company.
   12. ⑫Collecting information of other Examinees/Participants of the Service.
   13. ⑬Acts that cause disadvantage, damage, or discomfort to the Company or other third partiesof the Service.
   14. ⑭Providing benefits to antisocial forces, etc. or interacting or involving with antisocial forces, etc.
   15. ⑮Acts intended for encounters with unacquainted persons of the opposite sex.
   16. ⑯Acts that directly or indirectly induce or facilitate any of the acts of each item above.
   17. ⑰Any other acts deemed inappropriate by the Company.
2. If Examinees/Participants violate the prohibitions in the preceding paragraph, and as a result, the Company, its customers, other Examinees/Participants, or any third parties incur damages, Examinees/Participants shall be responsible for compensating the Company for any and all damages, including legal fees and all expenses required to restore the credibility, image, etc. of the Company or the Service.

Article 6 (Ownership of Rights)

1. 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.
2. Disclosing, leaking, reproducing, or reprinting Programming Problems and Materials, etc., by any means without the prior written consent of the Company, is prohibited.

Article 7 (Termination of Registration, etc.)

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

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

Article 8 (Suspension of the Service, etc.)

1. The Company may suspend or interrupt the provision of all or part of the Service without prior notice to Examinees/Participants if any of the following circumstances apply:

   1. ①When emergency inspections or maintenance work on the computer systems related to the Service are conducted.
   2. ②When computers, communication lines, etc., are stopped due to accidents, etc.
   3. ③When 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. ④In any other cases where the Company determines that it is necessary to suspend or interrupt the Service.
2. The Company shall not be liable for any damages incurred by Examinees/Participants as a result of measures taken by the Company based on this article.

Article 9 (Disclaimer of Warranty and Liability)

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

Article 10 (Confidentiality)

Examinees/Participants 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, hereinafter 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. ①Information that was already known to the public at the time of receipt.
2. ②Information that becomes publicly known after receipt.
3. ③Information that is already in the possession without any obligation of confidentiality.
4. ④Information that is legitimately obtained from a third party without an obligation of confidentiality after receipt.
5. ⑤Information that is developed independently without relying on the received information.

Article 11 (Handling of Personal Information and Answer Data)

The handling of Examinees/Participants’ personal information and Answer Data by the Company shall be governed by the provisions of the “Handling of Personal Information and Answer Data” (https://tracks.run/privacy-policy-en/). Examinees/Participants hereby agree to the Company’s handling of their personal information and Answer Data in accordance with these provisions.

Article 12 (Amendment of The Terms of Use)

The Company may amend the Terms of Use at its discretion without prior notice. Examinees/Participants are required to review the most current content of the Terms of Use when using the Service, and if Examinees/Participants use the Service, they will 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 13 (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 14 (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.

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November 15, 2023 (Established)