HireRoo Terms of Use (Corporate Use)
These HireRoo Terms of Service (Corporate Use) (" Terms of Service ") are governed by the Terms of Service of HireRoo, Inc. ("the Company"), its subsidiaries and affiliates, the Terms of Service stipulate the matters that users must comply with and the rights and obligations between the Company and users when using the Service (defined in Article 2) provided by HireRoo. Please be sure to read these Terms of Use in their entirety before agreeing to them.
Article 1 Application
- The purpose of this Agreement is to define the rights and obligations between the Company and registered users (defined in Article 2) regarding use of the Service, and applies to all relationships between registered users and the Company regarding use of the Service.
- Rules, regulations, etc. regarding the service that we post on our website (defined in Article 2) from time to time shall constitute a part of this Agreement.
Article 2 Definitions
The following terms used in this Agreement shall have the meanings set forth below.
(1) "Service" is a generic term for the various services provided by the Company using coding tests, and refers to the Recruitment Selection Service and Skill Assessment Service as defined in this Article.
(2) "Recruitment and Selection Service" means "Hireroo," a service that provides assistance in recruiting system engineers, programmers, and other job seekers through the implementation of coding tests (if the name or content of the service is changed for any reason, the service after such change shall be included).
(3) "Skill Assessment Service" means "Hireroo Skill Assessment Service," a service to assess the skills of system engineers, programmers, etc. by conducting coding tests (if the name or content of the service is changed for any reason, the service after such change is included).
(4) "Prospective Registrant" refers a "Prospective Registrant" as defined in Article 3.
(5) "Registration Information" refers "Registration Information" as defined in Article 3.
(6) "Registered User" refers a legal entity that has been registered as a user of the Service in accordance with Article 3.
(7) "Candidate" refers an individual who takes a coding exam through the Service at the direction of a Registered User.
(8) "Coding Examination" refers a technical examination related to programming, including the creation of source code, as specified by the Company, which is conducted through the Service.
(9) "Test Result Data" refers the results of the Coding Examination, the information obtained by analyzing such results, and the examinee's information provided in conjunction therewith (including, but not limited to, the information provided to the Company by Article 5).
(10) "Subscriber Agreement" refers the "Subscriber Agreement" as defined in Article 3.
(11) "Intellectual Property Rights" refers copyrights, patents, utility model rights, trademarks, design rights, and other intellectual property rights (including, without limitation, the right to acquire such rights or to apply for registration of such rights).
(12) "Our Website" refers the website operated by us whose domain is "hireroo.io" (if the domain or content of our website is changed for any reason, including the website after such change).
(13) "External Service" refers a service provided by GitHub or any other entity as prescribed by the Company and used in the implementation of the Service.
(14) "External Entity" means the service provider of an External Service.
(15) "External Terms of Service" refers the terms that define the relationship of rights between registered users and external service providers.
(16) "Free trial user" refers to individuals who wish to try this service for the purpose of considering registration for service usage, and who have been approved by the company.
Article 3 Registration
- A person who wishes to use the Service ("Applicant") may apply to register to use the Service by agreeing to abide by the Terms and Conditions and by providing the Company with certain information as prescribed by the Company by submitting an application form, filling out an application form, or by other means prescribed by the Company ("Registration Information").
- In applying for registration, the applicant must provide true, accurate, and up-to-date information to the Company.
- The Company may deny registration to a person who has applied for registration by Paragraph 1 if the person falls under any of the following items
(1) If the Company determines that there is a possibility of a violation of these Terms of Use.
(2) If there is any falsehood, error, or omission in all or part of the registration information provided to the Company
(3) If the registration for use of the Service has been cancelled in the past
(4) If the Company determines that the applicant is an anti-social force, etc.(meaning organized crime groups, members of organized crime groups, quasi-constituents of organized crime groups, persons who have ceased to be members of organized crime groups or quasi-constituents of organized crime groups after a lapse of five years, companies affiliated with organized crime groups, general assemblymen, anti-social-movement groups, special intelligence groups and other groups or individuals who pursue economic benefits using violence, force or fraudulent methods. The same shall apply hereinafter), or is involved in any interaction or involvement with anti-social forces, etc., such as cooperating or participating in the maintenance, operation or management of anti-social forces, etc., through funding or otherwise.
(5) In any other case in which the Company reasonably determines that registration is not appropriate.
- The Company will determine whether or not to register the applicant in accordance with the preceding paragraph and other Company criteria, and if the Company approves the registration, the Company will notify the applicant to that effect. Upon such notification, the registration of the applicant as a registered user will be completed, and a contract for the use of the Service in accordance with the various provisions of this Agreement ("Usage Contract") will be established between the registered user and the Company. The contract for the use of the Service ( "User Agreement") shall be concluded between the registered user and the Company.
- If there is any change in the registered information, the registered user shall notify the Company of such change in the manner prescribed by the Company without delay, and shall submit materials requested by the Company.
Article 4 Use of the Service
- Registered Users may use the Service in accordance with the plan to which they have subscribed during the effective period of the Subscriber Agreement, in accordance with the Terms of Use and the Company's specified method.
- Recruitment Screening Service is a service whereby the Company provides a coding test as part of said recruitment screening process after the recruitment screening process by Registered Users has commenced, and whereby the Company provides a coding test as part of said recruitment screening process. The Company does not provide job placement services as defined in Article 4 of the Employment Security Law.
- Notwithstanding the provisions of Article 1, free trial users are permitted to experience and use this service within the scope approved by the company solely for the purpose of considering registration for service usage. Please note that free trial users are not allowed to subject job applicants to coding tests. In the event that a free trial user violates this provision, the free trial user shall pay a penalty of 300,000 yen to the company as liquidated damages.
Article 5 Coding Examination
- In this service, the Company shall provide coding examinations through the use of external services or other methods prescribed by the Company
- Registered users may select the scope of the coding examinations. Except as stipulated in the following Article, the classification of the scope of the coding exam and the individual exam questions that comprise the coding exam shall be determined by the Company at its discretion, and Registered Users may not request modification, deletion, addition, or other changes to the exam questions with respect thereto.
- The Company shall conduct scoring and other evaluations of the content of the coding examinations taken by the candidates in accordance with the scoring standards prescribed by the Company.
Article 6 Creation of Examination Questions
- Registered Users may create their own original questions for the Coding Examination ("Original Questions") in a manner prescribed by the Company, which shall be used as the test questions for the Coding Examination.
- In the event that the Company deems the content of an original question to be inappropriate due to errors in the content, infringement of the third party rights, or other reasons, the Company may modify, delete, add, or change the content of the original question by giving prior notice to the registered user who created the original question.
Article 7 Provision of Test Result Data
- The Company shall provide the test result data of the examinees to the registered users.
- The Company shall be able to analyze (including but not limited to calculation of mean score, standard deviation, and statistical analysis) the test result data of the candidate and provide the test result data including the results of such analysis to the Registered Users. In addition, the Company may process the test result data into non-personally identifiable statistical information and make free use of such statistical information.
- Registered Users may use the test result data provided in accordance with this Article for employment selection or skill assessment.
Article 8 Fees and Payment Methods
- As consideration for using the Service, Registered Users shall pay the usage fee determined separately by the Company according to the plan they have subscribed to, by bank transfer, credit card payment, or other method prescribed by the Company. If a Registered User wishes to change plans during the term of validity of the subscription, the Registered User shall make such request by the time determined by the Company. The Registered User shall bear all transfer fees and other costs related to the payment.
- When using the Recruitment Selection Service, Registered Users may make a bulk purchase (prepayment) of Coding Examination Implementation Rights in units determined by the Company. In the case of a bulk purchase under this section, the Registered User shall be entitled to conduct the prescribed number of coding tests. The right to conduct coding tests for bulk purchases may only be used during the validity period of the Subscriber Agreement (if the validity period is extended in accordance with Article 19, Paragraph 2, the extended period is included). Even if all or part of the purchased coding test license is not used within the validity period of the subscription agreement, the Company shall not cancel or refund the bulk purchase at all. However, this shall not apply in cases based on reasons attributable to the Company.
- If a registered user delays payment of the usage fee, the registered user shall pay a late fee to the Company at the rate of 14.6% per annum.
- The Company shall not be obligated to refund to the Registered User any usage fees already received for any reason whatsoever. However, this shall not apply to cases based on reasons attributable to the Company.
Article 9 Management of Account Information
- Registered Users shall manage and keep their user IDs and passwords ("Account Information") for the Service at their own responsibility, and shall not allow any third party to use, lend, transfer, change the name of, or sell their account information.
- Registered Users shall be responsible for any damages caused by inadequate management of account information, errors in use, or use by a third party, and the Company shall not be liable for any such damages.
- If a registered user discovers that his/her account information has been stolen or used by a third party, the registered user shall immediately notify the Company to that effect and follow the Company's instructions.
Article 10 Prohibited Acts
- Registered Users shall not engage in any of the following acts when using the Service. If we reasonably determine that a Registered User's conduct falls under or may fall under any of the following items, we may, without prior notice to the Registered User, delete all or part of the Registered User's information, suspend transmission, or take any other action.
(1) Any act that infringes on the intellectual property rights, portrait rights, rights to privacy, honour, or other rights or interests of the Company, other registered users, examinees, outside businesses, or other third parties (including acts that directly or indirectly cause such infringement)
(2) Any act related to criminal acts or any act offensive to public order and morals
(3) Transmission of obscene information or information harmful to youth
(4) Transmitting information related to heterosexual relationships
(5) Violating laws, regulations, or the internal rules of the Company or the industry association to which the Registered User belongs
(6) Transmitting information that contains computer viruses or other harmful computer programs
(7) Transmitting data through the Service that exceeds a certain data volume specified by the Company
(8) Actions reasonably deemed likely to interfere with the Company's operation of the Service
(9) Other acts that the Company reasonably deems inappropriate.
- In no event shall this company be liable for any damages incurred by registered users based on actions taken by this company in accordance with this article.
Article 11 Suspension of the Service, etc
- In any of the following cases, this company may, without prior notice to the registered user, suspend or discontinue all or part of the use of the service.
(1) In the event of periodic or emergency inspection or maintenance of computer systems related to the Service
(2) In the event of an accidental shutdown of computers, communication lines, etc.
(3) In the event of a force majeure such as fire, power outage, or natural disaster that renders the Service inoperable
(4) In the event of trouble, interruption or suspension of service provision, suspension of linkage with this service, specification changes, etc. to external services
(5) In any other cases where the Company deems it reasonably necessary to suspend or discontinue the Service.
- The Company may, at its reasonable discretion, terminate the provision of the Service. In such cases, the Company shall notify registered users in advance.
- In no event shall the Company be liable for any damages incurred by Registered Users based on actions taken by the Company pursuant to this Article.
Article 12 Burden of Equipment, etc
- Registered Users shall be responsible for the preparation and maintenance of computers, smartphones, software, other equipment, communication lines, and other communication environment necessary for receiving the Service at their own expense and responsibility.
- Registered Users shall, at their own cost and responsibility, take security measures to prevent computer viruses, unauthorized access, information leaks, etc., in accordance with their own environment for using the Service.
- Even if we store test result data and other information of Registered Users for a certain period of time for the purpose of operation, we are not obligated to store such information after a certain period of time, and we may delete such information at any time.
- When a registered user installs software, etc. on the registered user's computer, smartphone, etc. by downloading from the Company's website or other methods at the start of use of the Service or during use of the Service, the registered user shall take sufficient care not to erase or alter information held by the registered user or cause malfunction or damage to the equipment.
Article 13 Ownership of Rights
- All ownership and intellectual property rights in relation to the Company's website and the Service belong to the Company or the party that has granted a license to the Company, and the granting of a license to use the Service based on registration under these Terms of Use does not imply the transfer or licensing of intellectual property rights in relation to the Company's website or the Service by the Company or the party that has granted a license to the Company, unless expressly stated otherwise in these Terms of Use. Registered Users shall not engage in any conduct (including but not limited to disassembly, decompilation, and reverse engineering) that may infringe upon the intellectual property rights of the Company or those licensed to the Company for any reason whatsoever.
- The Company may freely use (This includes reproduction, copying, modification, sublicensing to third parties, and any other use.) test result data and other data obtained by the Company through the use of the Service by registered users and examinees on the Company's website or the Service, free of charge, to the extent necessary for improving the Service, providing the Service, and developing new services at the Company.
Article 14 Cancellation of Registration, etc
- In the event that a Registered User falls under any of the following items, the Company may temporarily suspend the use of the Service or cancel the registration of such Registered User as a Registered User without prior notice or demand.
(1) If the registered user violates any of the provisions of these Terms of Use
(2) If any false information is found in the registration information
(3) f the Registered User uses or attempts to use the Service for any purpose or in any manner that may cause damage to the Company, other Registered Users, examinees, outside business operators, or any other third party
(4) If you interfere with the operation of the Service, regardless of the means used
(5) If the User stops making payments or becomes insolvent, or files a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings
(6) If the Bank receives a disposition of dishonor for a bill or check drawn or accepted by itself, or receives a disposition of suspension of transactions by a clearing house or other similar action
(7) If a petition for seizure, provisional seizure, provisional disposition, compulsory execution or auction is filed
(8) In the event of delinquent payment of taxes and dues
(9) In the event of death, or in the event of a trial for commencement of guardianship, commencement of conservatorship, or commencement of assistance
(10) The customer has not used the Service for 12 months or more and has not responded to communications from the Company
(11) If any of the items in Article 3.3 applies
(12) In any other case in which we reasonably determine that it is not appropriate to continue the registration as a registered user
- In the event of any of the events listed in the preceding paragraphs, the registered user will naturally lose the benefit of time with respect to all debts owed to the Company, and must immediately pay all debts owed to the Company.
- The Company may cancel the registration of a registered user by notifying the registered user at least 30 days in advance by the method prescribed by the Company.
- In no event shall the Company be liable for any damages incurred by the Registered User as a result of any action taken by the Company in accordance with this Article.
- In the event that the other party is an antisocial force, etc., or is involved in any interaction or involvement with antisocial forces, etc., such as cooperating or participating in the maintenance, operation, or management of antisocial forces, etc., through funding or other means, the registered user and our company may cancel the contract of use without any obligation to pay damages by giving the other party notice.
- Registered users may not arbitrarily terminate the contract of use during the term of validity of the contract of use, except as otherwise provided in the Terms of Use.
Article 15 Disclaimer of Warranty and Disclaimer of Liability
- While the Company will make every effort to properly administer, evaluate, and analyze the coding examinations to ensure accurate reporting of examinees' abilities, the Company makes no guarantee that the content of the coding examinations, the scoring criteria, or the Company's analysis methods will be free of any defects. Although the Company conducts coding tests and analyzes the results, these are based on the Company's own standards and are conducted at the Company's discretion. In addition, the Registered Users shall use the test result data provided by the Company to the Registered Users on this premise at their own risk. The Company shall not be liable for any results of the use of this service and test result data by registered users (This includes, but is not limited to, the evaluation of candidates, the hiring of candidates, the refusal of job offers by candidates, the resignation of candidates, and the determination of candidates' suitability for work).
- The Service is provided on an "AS IS" basis, and the Company makes no warranty of any kind regarding the Service, including, but not limited to, its fitness for a particular purpose, commercial usefulness, completeness, or continuity.
- Even if a registered user receives any information directly or indirectly from the Company regarding the Service, the Company's website, other registered users of the Service, examinees, or other matters, the Company makes no warranty of any kind to the registered user beyond what is stipulated in these Terms of Use.
- The Service may be linked with external services, but such linkage is not guaranteed, and the Company shall not be liable for any problems with the linkage with external services, except in cases attributable to the Company.
- Registered Users shall investigate, at their own responsibility and expense, whether or not their use of the Service violates laws, regulations, internal rules of industry associations, etc. applicable to Registered Users. The Company does not guarantee that the use of the Service by Registered Users will conform to applicable laws, regulations, internal rules of industry associations, etc.
- Any transactions, communications, disputes, etc. arising between a registered user and other registered users, examinees, external businesses, or other third parties in connection with the Service or the Company's website shall be handled and resolved at the responsibility of the registered user, and the Company shall not be liable for such matters except in cases attributable to the Company. The Company shall not be liable for any such matters, except in cases attributable to the Company.
- The Company shall not be liable for any interruption, suspension, termination, unavailability, or modification of the Service by the Company, deletion or loss of information including test result data of registered users, cancellation of registration of registered users, loss of data or breakdown or damage of equipment due to use of the Service, or any other damages incurred by registered users in connection with the Service, unless such damages are attributable to the Company.
- Even if our website provides links to other websites or links from other websites to our website, we shall not be liable for any websites other than our website or information obtained from such websites, except in cases attributable to us.
- If the Company is unable to perform its obligations under the Subscriber Agreement due to circumstances beyond its reasonable control (including, but not limited to, fire, power failure, hacking, computer virus intrusion, earthquake, flood, war, epidemic, stoppage of commerce, strike, riot, inability to secure supplies and transportation facilities, intervention, direction, or request by governmental authorities or local governments, or enactment, amendment, or repeal of domestic or foreign laws. ), the Company shall not be liable to the Registered User for default for the duration of such failure.
- Even if we are liable for damages to a registered user due to the application of the Consumer Contract Act or other mandatory laws or for any other reason, our liability for damages shall be limited to the higher of the total amount of fees actually received by us from the registered user in relation to the coding test for the relevant damages during the past three months from the time the damage occurred or 500 yen.
Article 16 User's Liability for Compensation, etc
- Registered Users shall indemnify us for any damages caused to us by violation of this Agreement or in connection with the use of the Service.
- In the event that a Registered User receives a claim from or has a dispute with another Registered User, examinee, outside operator, or other third party in relation to the Service, the Registered User shall immediately notify the Company of the details of such claim or dispute, handle such claim or dispute at the Registered User's expense and responsibility, and report the progress and results thereof to the Company upon request by the Company.
- If the Company receives any claim from another registered user, examinee, outside business operator, or any other third party for infringement of rights or any other reason in connection with the use of the Service by a registered user, the registered user must indemnify the Company for any amount the Company is forced to pay to such third party based on the said claim.
Article 17 Confidentiality
- "Confidential Information" herein means all information regarding the technology, business, operations, finances, organization, or other matters of the other party, which is provided or disclosed by the other party in writing, orally, or by recorded media, or otherwise becomes known to the Registered User or the Company in connection with the User Agreement or the Service. However, this shall not apply to the following information.
(1)Information that was already generally known or known to the public at the time it was provided or disclosed by the counterparty or became known to the public,
(2)After being provided or disclosed by the other party or becoming known to the public, it became publicly known through publications or other means due to reasons not attributable to the other party; or
(3)acquired legally from a third party authorized to provide or disclose the information without being obligated to maintain confidentiality; or
(4) developed independently without any confidential information; or
(5) Confidential information that has been confirmed in writing by the other party to the effect that confidentiality is not required shall be excluded from the scope of confidential information. - Neither the Registered User nor the Company shall provide, disclose, or divulge the other party's Confidential Information to any third party without the other party's consent. Registered Users shall use the other party's Confidential Information solely for the purpose of using the Service, and the Company shall use the other party's Confidential Information solely for the purpose of providing and improving the Service and developing new services in the Company.
- Notwithstanding the provisions of Paragraph 2, Registered Users and the Company may disclose Confidential Information in accordance with any order, request, or demand of any law, court, or government agency. However, in the event of such order, request, or demand, you must promptly notify the other party thereof.
- In the event that a document or magnetic recording medium, etc. containing Confidential Information is reproduced, the Registered User and the Company shall strictly manage the reproduction in accordance with Section 2.
- Whenever requested by the other party, Registered Users and Tonchidot shall, without delay and in accordance with the instructions of the other party, return or destroy the Confidential Information, documents and other recorded media containing the Confidential Information, and all copies thereof.
Article 18 Handling of Personal Information
The Company's handling of Registered Users' personal information (meaning "personal information" as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information) shall be governed by the Company's privacy policy, which shall be separately stipulated. The Registered User agrees to the Company's handling of the Registered User's personal information in accordance with this Privacy Policy.
Article 19 Term of Validity
The term of the Subscriber Agreement shall take effect on the date of completion of registration by the Registered User in accordance with Article 3 and shall continue until the earlier of (i) the expiration date of the term set forth in the application for such registration, (ii) the date of cancellation of the Registered User's registration, or (iii) the date on which the provision of the Service to which the Registered User has applied is terminated. However, the period set forth in (i) above shall be extended for the same period as the period set forth in (i) above if neither the Registered User nor the Company receives a notice of refusal of extension at least 30 days prior to the expiration date of the period set forth in (i) above, and the same shall apply thereafter.
Article 20 Changes to these Terms of Service, etc
- The Company shall be free to change the contents of the Service.
- The Company reserves the right to change these Terms of Use (including rules and regulations regarding the Service posted on the Company's website. The same shall apply hereinafter) In the event of modification of the Terms of Service, the Company shall announce the details of the modification and the effective date of the modification in a manner prescribed by the Company by the effective date of the modification. If a registered user uses the service after the announced effective date, or if the registered user does not cancel the registration within the period specified by the Company, the registered user is deemed to have agreed to the changes in the Terms of Use.
Article 21 Communication/Notice
Inquiries and other communications or notifications from Registered Users to the Company regarding the Service, as well as notifications or communications from the Company to Registered Users regarding changes to the Terms of Use, shall be made in the manner prescribed by the Company.
Article 22 Assignment, etc. of this Agreement
- Registered Users may not assign, transfer, grant a security interest in, or otherwise dispose of their positions in the service agreement or their rights or obligations under this Agreement to any third party without the prior written consent of the Company.
- In the event that the Company transfers the business related to the Service to a third party (regardless of the form of transfer such as business transfer, company split, etc.), the Company may transfer the status of the user contract, rights and obligations under the Terms of Use, and registered user registration information and other customer information to the transferee of such transfer, and the registered user shall consent to such transfer in advance in this paragraph.
Article 23 Entire Agreement
This Agreement constitutes the entire agreement between the Company and Registered Users with respect to the matters contained herein, and supersedes all prior agreements, representations, and understandings, whether oral or written, between the Company and Registered Users with respect to the matters contained herein.
Article 24 Severability
If any provision or part of these Terms and Conditions is determined to be invalid or unenforceable under the Consumer Contract Act or any other applicable laws and regulations, the remaining provisions of these Terms and Conditions, as well as the remaining portions of any provisions determined to be invalid or unenforceable, shall continue to be in full force and effect. We and the registered users shall, to the extent necessary to make such provision or part valid and enforceable, modify it in a manner that achieves the purpose of the invalid or unenforceable provision or part and the legal and economic equivalent effect.
Article 25 Survival Provisions
Paragraphs 2 and 3 of Article 7, Paragraph 3 of Article 8 (limited to cases with outstanding payments), Paragraph 3 of Article 12, Article 13, Paragraphs 6 and 10 of Article 15, Article 16, Article 17, and Articles 21 to 27 shall remain valid and in effect even after the termination of the Terms of Use.
Article 26 Governing Law and Jurisdiction
Japanese law shall be the governing law of these Terms, and any and all disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.
Article 27 Dispute Resolution
We and the registered users shall promptly seek to resolve any matters not provided for in these Terms or any doubts regarding the interpretation of these Terms in good faith through consultation.
【Established on November 29, 2021】
【Revised on March 18, 2022】
【Revised on July 18, 2022】
【Revised on December 20, 2022】
【Revised on January 20, 2023】
【Revised on March 14, 2023】
【Revised on January 15, 2024】