Terms of Service
- These Terms of Service (“TOS”) set forth the terms and conditions between you, the user (“you”), and mgram inc. (“m-gram”, “we”, “us”, “our”) with respect to your use of all m-gram personality test-related products and services (“the Service”) provided by m-gram.
- All users of the Service are required to agree to these TOS and shall be deemed to have agreed to these TOS at the start of their use of the Service.
- Every time you use the Service, you are to confirm whether or not changes have been made to these TOS, and if changes have been made, you are to use the Service after agreeing to the modified TOS.
If the m-gram defines separate provisions for users other than those of the following items, they shall also constitute a part of these TOS.
- Various notices, etc., that we post on the Service
- Terms of service and guidelines, etc., for all of the individual services that make up the Service
- m-gram makes no guarantees as to the emotional, health or commercial benefits of using the Service. In addition, you acknowledge in advance that the information provided on the Service is not meant to replace professional medical or psychiatric advice.
- The official text of the Service is the Japanese version. Any contradictions and differences created by translations into other languages shall not be binding and shall have no legal effect for any purpose. If you have any doubts regarding to the accuracy of the information contained in non-English versions of the Service, you shall refer to the official Japanese version.
- You shall use the Service at your own responsibility, and you be responsible for any actions, and the results thereof, while using the Service.
- In the event that m-gram incurs any disadvantage, burden, loss or damage due to your actions, you shall immediately compensate us for such damages in accordance with our claim.
You shall not engage in any of the following acts, or acts which are likely to fall under any of the following, when using the Services.
- Acts of utilization of the Services for illicit purposes
- Acts that infringe the copyrights, portrait rights, or other intellectual property rights of m-gram or a third party
- Acts that discriminate against, slander, intimidate, or violate the privacy or human rights, etc., of m-gram or a third party
- Political activities, election campaigns or religious activities
- Acts that defame m-gram or damage our reputation or credibility
- Acts that interfere with the operation of the Services
- Acts of using the Service for commercial purposes (except when approved by m-gram)
- Acts of re-authorization of use of the Service, or assignment, modification, translation, reverse engineering, decompilation or disassembly of the Service
- Other acts that violate laws and ordinances or run contrary to public order and morals, or acts that are likely to do so
- Other acts that m-gram deems inappropriate or improper
- In the event that m-gram or third party incurs loss or damage due to the acts set forth in the preceding paragraph, you shall assume all legal responsibility and shall not cause loss or damage to m-gram and the third party.
- m-gram shall be able to suspend your use of this website without prior notice if we reasonably determined that you have committed any of the acts listed in the preceding two paragraphs.
Exclusion of Relationships with Organized Crime Groups
You and m-gram represent and warrant to each other that you/we do not fall under an active organized crime group, an organized crime group member, a person for whom five years have not yet passed since leaving an organized crime group, an associate member of an organized crime group, an organized crime-related company, a corporate racketeer, a group engaging in criminal activities under the pretext of conducting social campaigns, an organized crime group specialized in intellectual crimes or a similar party (collectively, an “organized crime group member” ), or fall under any of the following items, and promise that you/we will not do so in the future.
- Having a relationship in which it is recognized that an organized crime group member has control of management
- Having a relationship in which it is recognized that an organized crime group member is substantially involved in management
- Having a relationship in which it is recognized that the services of an organized crime group member are unjustly being used for the purposes of profit for you, your company or a third party, or for the purposes of causing loss or damage to a third party
- Having a relationship in which it is recognized that you are involved in granting funding or special services to an organized crime group member
- Having officers or personnel substantially involved in management with ties to an organized crime group member that would be socially condemned
You and m-gram promise not to engage in any acts corresponding to the following items, either personally or via a third party.
- Violent acts of demand
- Acts of unreasonable demands beyond legal entitlement
- Acts involving threatening behavior or violence in relation to transactions
- Acts of damaging the trust or obstructing the business of another party by circulating false rumors or by the use of fraudulent schemes or force
- Any other acts equivalent to the preceding items
If either you or m-gram discover that the other party, in breach of said party's representations under the preceding two paragraphs, is an organized crime group member or falls under any of the items of the preceding two paragraphs, the non-breaching party may cancel all agreements based on these TOS without notice, and the other party shall not raise any objections to this. In such cases, the party in breach their representations shall lose the benefit of time and all obligations to the other party shall become immediately due and payable.
The m-gram Test
- You can use the Service to receive a free personality test.
- The results of the personality test (“the diagnosis results”) are automatically analyzed, and you will receive the diagnosis results via email.
- The diagnosis results are composed of the emails sent to you several times by the Service. However, you may opt out of receiving them in the future.
- The Service is provided for informational and entertainment purposes only and is not used for any other purpose.
- An m-gram diagnostic code is issued to users who undergo the personality test.
- The m-gram diagnostic code may be used to for diagnosing the affinity between you and a third party (or parties), and by sharing your diagnostic code you are deemed to have accepted this.
- In the case of corporate services, etc., the diagnosis results may be used by the account administrator; however, in such cases, too, the sharing of your diagnosis code on the Service is deemed as acceptance.
- You shall be able to purchase and view paid content for each of your diagnosis results.
- Paid content shall only be available from the account that it was purchased from.
- m-gram may change the price of paid content at any time.
Refund and Cancellation Policy
- Irrespective of the reason, no refunds will be given for any purchased paid content. However, that this shall not apply in cases where it is necessary in accordance with laws and ordinances.
- The contents of purchased paid content may be changed due to renewal of content by m-gram. You shall not request a refund even in such cases.
Use of the Services by a Third Party
- If you intend to allow a third party recognized by m-gram to make use of the Service, you shall inform said third party of the contents of these TOS and impose on them obligations equivalent to yours under these TOS.
- You shall be responsible for the actions of any third parties who have made use of the Service under the preceding paragraph, and if said third party violates these TOS, you shall be held jointly and severally liable to compensate m-gram for any damages that we incur as a result of such violation.
m-gram assumes no liability for any loss or damage you incur in the course of our provision of the Service to you, except as stipulated in laws and ordinances. In addition, even if m-gram is liable, the amount of damages, etc., will be up to the amount that you paid to m-gram for use of the Service.
- m-gram assumes no liability for any conflicts or damage arising between you and a fellow user or between you and another third party.
- m-gram assumes no responsibility to make any guarantees with respect to the accuracy, completeness, suitability for purpose, usefulness, legality, currency with respect to the Service, the information provided through the Service and the results of the personality test, or that they do not infringe on the rights of any third party.
Changes to, Suspension or Discontinuation of the Services
m-gram may suspend all or part of the Service without notice for the reasons listed in the following items, and we assume no liability for any loss or damage incurred by you or a third party as a result of such suspension.
- When conducting routine or emergency maintenance or inspection of the systems used to provide the Service
- When operation of this service becomes impossible due to an emergency situation such as an earthquake, fire, power failure or natural disaster
- When operation of this service becomes impossible due to war, insurrection, rioting, sedition, labor disputes, etc.
- When the Service cannot be provided due to failure of the system used to provide the Service, or due to unauthorized access by a third party or infection with a computer virus, etc.
- When the Service cannot be provided due to measures based on laws and ordinances
- Other situations where we judge that it is unavoidable
- m-gram shall be able to revise, add to or change the Service, in whole or in part, without notice, and we assume no liability for any loss or damage incurred by you or a third party as a result of such changes, etc. However, in the event that loss or damage are incurred as a result of m-gram's willful default or gross negligence, you will be compensated for such loss or damage.
- m-gram may, at our discretion, change these TOS at any time for any reason.
- The modified TOS shall take effect from the time indicated on the Service, unless otherwise specified by m-gram.
- When you use the Service after the changes to these TOS have taken effect, it is deemed that you have agreed to the contents of the modified TOS.
The Validity of these TOS and other Terms of Service
- Even in the event that certain provisions of these TOS are deemed invalid based on laws and regulations, the other provisions of these TOS shall remain in effect.
- Even in the event that certain provisions of these TOS are invalidated or canceled with respect to a particular user, these TOS shall remain valid with respect to other users.
Governing Law and Jurisdiction
- The governing law for these TOS shall be the Laws of Japan.
- If the need for litigation between you and m-gram arises, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.