Terms of Service
Last updated: April 7, 2026
These Terms of Service (the "Terms") set out the conditions for using the survey platform "kicue" (the "Service") provided by TalentCloud, Inc. (the "Company"). Users ("Users") of the Service agree to these Terms before using the Service.
Article 1 (Application)
1. These Terms apply to all relationships between Users and the Company concerning the use of the Service.
2. In addition to these Terms, the Company may establish various rules of use for the Service (the "Individual Rules"). The Individual Rules, regardless of their name, form part of these Terms.
3. If any provision of these Terms conflicts with the Individual Rules, the Individual Rules shall prevail unless otherwise specified.
Article 2 (Registration)
1. A prospective User shall agree to these Terms and apply for registration via the method specified by the Company. Registration is completed when the Company approves the application.
2. The Company may decline to approve a registration application if it determines that any of the following apply, and shall not be obligated to disclose its reasons.
(1) The applicant submitted false information.
(2) The applicant has previously violated these Terms.
(3) The Company otherwise determines that registration is not appropriate.
Article 3 (Account Management)
1. Users shall manage their account credentials (email address, password, etc.) at their own responsibility.
2. Users may not under any circumstances transfer or lend their account to a third party.
3. The Company shall not be liable for any damages caused by inadequate account management, errors in use, or use by third parties; such damages shall be borne by the User.
Article 4 (Fees and Payment)
1. As consideration for paid plans of the Service, Users shall pay the fees displayed on the Service website by the methods designated by the Company.
2. If a User defaults on payment, the User shall pay late charges at an annual rate of 14.6%.
3. Payments are processed through the payment provider designated by the Company.
Article 5 (Prohibited Activities)
Users shall not engage in any of the following when using the Service:
1. Activities that violate laws, regulations, or public order and morals.
2. Activities related to criminal conduct.
3. Activities that destroy or interfere with the functionality of servers or networks of the Company, other Users, or third parties.
4. Activities that may interfere with the operation of the Company's services.
5. Unauthorized access or attempts thereto.
6. Collecting or accumulating personal information about other Users.
7. Using the Service for unlawful purposes.
8. Causing disadvantage, damage, or discomfort to other Users or third parties.
9. Impersonating other Users.
10. Advertising, solicitation, or business activities not permitted by the Company.
11. Providing benefits, directly or indirectly, to anti-social forces in connection with the Service.
12. Other activities the Company deems inappropriate.
Article 6 (Suspension of the Service)
1. The Company may suspend or interrupt all or part of the Service without prior notice if it determines that any of the following apply:
(1) Maintenance or updating of the computer systems for the Service.
(2) Difficulty in providing the Service due to force majeure such as earthquake, lightning, fire, blackout, or natural disaster.
(3) Computer or communications line failures.
(4) Other circumstances under which the Company determines provision of the Service is difficult.
2. The Company shall not be liable for any disadvantage or damage suffered by Users or third parties as a result of suspension or interruption of the Service.
Article 7 (Copyright)
1. Users may upload and use only content for which they hold the necessary intellectual property rights or have obtained permission from the rights holders.
2. Copyright in surveys, response data, and other content uploaded by Users via the Service remains with the Users or other existing rights holders.
3. The Company may use data uploaded by Users to the extent necessary for providing, improving, and developing the Service.
Article 8 (Restriction and Termination)
1. The Company may, without prior notice, restrict all or part of the Service or terminate registration if a User falls under any of the following:
(1) Violation of any provision of these Terms.
(2) Falsehood discovered in registered information.
(3) Default on payment obligations.
(4) Failure to respond to communications from the Company for a certain period.
(5) No use of the Service for a certain period since last use.
(6) Other circumstances under which the Company determines use is inappropriate.
2. If any of the items above applies, the User shall lose the benefit of time for all obligations to the Company and immediately repay all obligations in a lump sum.
3. The Company shall not be liable for any damages incurred by Users as a result of actions taken under this article.
Article 9 (Withdrawal)
Users may withdraw from the Service via the procedures designated by the Company.
Article 10 (Disclaimer of Warranties and Limitation of Liability)
1. The Company makes no express or implied warranty that the Service is free of factual or legal defects (including defects, errors, bugs, infringement of rights, or issues regarding safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security).
2. The Company shall not be liable for any damages incurred by Users arising from the Service, except in cases of willful misconduct or gross negligence by the Company. However, this disclaimer shall not apply if the contract between the Company and the User regarding the Service constitutes a consumer contract under the Consumer Contract Act.
3. Even in cases described in the proviso of the preceding paragraph, the Company shall not be liable for damages caused by special circumstances arising from breach of contract or tort due to the Company's negligence (excluding gross negligence). Compensation for damages caused by such negligence shall be limited to the amount of fees received from the User in the month in which the damage occurred.
4. The Company shall not be liable for any transactions, communications, or disputes between Users or between Users and third parties regarding the Service.
Article 11 (Changes to the Service)
The Company may change, add, or discontinue the Service with prior notice to Users, and Users hereby consent to such changes.
Article 12 (Changes to the Terms)
1. The Company may revise these Terms without obtaining individual consent from Users in the following cases:
(1) When the revisions conform to the general interests of Users.
(2) When the revisions do not contradict the purpose of the Service contract and are reasonable in light of the necessity, content, and other relevant circumstances.
2. When revising these Terms, the Company shall set the effective date and notify Users of the content and effective date by appropriate means such as posting on the Service or the Company website.
Article 13 (Handling of Personal Information)
The Company shall handle personal information acquired through use of the Service appropriately in accordance with the Company's Privacy Policy.
Article 14 (Notices and Communications)
Notices and communications between Users and the Company shall be conducted in the manner specified by the Company. Unless a User submits a change request in accordance with the Company's procedures, the Company shall consider the registered contact information valid and any notice sent to such contact shall be deemed to have reached the User upon dispatch.
Article 15 (Prohibition of Assignment)
Users may not assign or pledge their position under the Service contract or any rights or obligations under these Terms to a third party without the Company's prior written consent.
Article 16 (Governing Law and Jurisdiction)
1. These Terms shall be governed by and construed in accordance with the laws of Japan.
2. In the event of a dispute concerning the Service, the court having jurisdiction over the location of the Company's head office shall have exclusive jurisdiction.
