HireRoo Terms of Service (for Examinees)

These HireRoo Terms of Service (for Examinees) (hereinafter referred to as "these Terms") stipulate the matters that users must comply with and the rights and obligations between HireRoo Inc. (hereinafter referred to as "the Company") and users when using the Service (as defined in Article 2) provided by the Company. Before using the Service, please be sure to read the entire text of these Terms.

Article 1 Application

These Terms are intended to define the rights and obligations between the Company and examinees (as defined in Article 2) regarding the use of the Service, and apply to all relationships related to the use of the Service between examinees and the Company.
The rules, regulations, etc., related to the Service that the Company publishes on the Company's website (as defined in Article 2) from time to time shall constitute a part of these Terms.

Article 2 Definitions

The terms used in these Terms shall have the meanings defying below:

(1) "The Service" means the general term for various services using coding exams provided by the Company, and refers to the recruitment exam service and talent score as defined in this article.

(2) "Recruitment Exam Service" means the service "HireRoo" that supports the recruitment of system engineers, programmers, and other job seekers through the implementation of coding exams (including the service after changes in its name or content, regardless of the reason).

(3) "Talent Score" means the skill assessment service "HireRoo Talent Score" for system engineers, programmers, etc., through the implementation of coding exams (including the service after changes in its name or content, regardless of the reason).

(4) "Exam Applicant" means "Exam Applicant" as defined in Article 3.

(5) "Registration Information" means "Registration Information" as defined in Article 3.

(6) "Exam Hosting Company" means a corporation that conducts coding exams for examinees based on a contract with the Company.

(7) "Examinee" means an individual who takes a coding exam through the Service as instructed by an Exam Hosting Company.

(8) "Coding Exam" means a technical exam related to programming, such as the creation of source code with content determined by the Company, conducted in the Service.

(9) "Exam Result Data" means the results of the coding exam and information obtained by analyzing such results, as well as information about the examinee provided in conjunction with these (including, but not limited to, information provided to the Company pursuant to Article 5).

(10) "Service Agreement" means "Service Agreement" as defined in Article 3.

(11) "Intellectual Property Rights" means copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).

(12) "Company's Website" means the website operated by the Company whose domain is "hireroo.io" (including the website after changes in the domain or content of the Company's website, regardless of the reason therefor).

(13) "External Service" means services provided by other businesses, such as GitHub, that are designated by the Company and used for the implementation of the Service.

(14) "External Provider" means the service provider of an External Service.

(15) "External Terms of Service" means the terms that define the rights and obligations between an examinee and an External Provider.

Article 3 Registration

Any person who wishes to take a coding exam on the Service (hereinafter referred to as "Exam Applicant") may apply to the Company for the use of the Service by agreeing to comply with these Terms and by providing certain information specified by the Company (hereinafter referred to as "Registration Information") to the Company through entry into the application form specified by the Company or by other methods specified by the Company.
The application for registration must always be made by the person who will use the Service, and, in principle, applications for registration by proxy are not permitted. In addition, Exam Applicants must provide truthful, accurate, and up-to-date information to the Company when applying for use.
The Company may refuse an application for use if the applicant who applied for registration pursuant to Paragraph 1 falls under any of the following circumstances:

(1) If the Company determines that there is a risk of violating these Terms.

(2) If there is any false statement, error, or omission in all or part of the Registration Information provided to the Company.

(3) If the applicant has previously been refused use of the Service.

(4) If the applicant is an antisocial force, etc. (meaning a gangster, a member of a gangster organization, a quasi-member of a gangster organization, a person who has not passed 5 years since ceasing to be a member or quasi-member of a gangster organization, a gangster-affiliated company, a corporate racketeer, a rogue claiming to be engaged in social movements, other special intelligence violent groups, or any other group or individual that pursues economic benefit using violence, intimidation, or fraudulent means; the same shall apply hereinafter), or if the Company determines that the applicant is involved in any kind of interaction or involvement with antisocial forces, etc., such as cooperating or participating in the maintenance, operation, or management of antisocial forces, etc., through financial support or other means.

(5) In any other case where the Company reasonably determines that registration is inappropriate.

The Company shall determine whether to permit an Exam Applicant to use the Service in accordance with the preceding paragraph and other Company standards, and if the Company permits use, it shall notify the Exam Applicant to that effect. Upon such notification, the Exam Applicant's registration as an examinee shall be completed, and a contract for the use of the Service (hereinafter referred to as "Service Agreement") in accordance with the provisions of these Terms shall be established between the examinee and the Company.
If there is any change in the Registration Information, the examinee shall promptly notify the Company of such changes by the method specified by the Company and submit any materials requested by the Company.

Article 4 Use of the Service

Examinees may use the Service in accordance with these Terms and the methods specified by the Company during the effective period of the Service Agreement.
The Recruitment Exam Service provides coding exams as part of the recruitment process after an Exam Hosting Company initiates recruitment screening. The Company does not provide job placement services as defined in Article 4 of the Employment Security Act.

Article 5 Coding Exams

The Company shall conduct coding exams by utilizing External Services or by other methods designated by the Company.
When taking a coding exam, the examinee shall provide their career history and other necessary information to the Company by filling in the form designated by the Company.
The Company shall grade and otherwise evaluate the content of the coding exam taken by the examinee according to the scoring standards designated by the Company.

Article 6 Provision of Exam Result Data

The Company shall provide Exam Result Data to the Exam Hosting Company.
The Company may analyze the examinee's Exam Result Data (including, but not limited to, calculating average scores, standard deviations, and statistical analysis) and provide the Exam Result Data, including the results of such analysis, to the Exam Hosting Company. In addition, the Company may process Exam Result Data into anonymized statistical information and freely use such statistical information.
Exam Hosting Companies may use the Exam Result Data provided under this Article for recruitment screening or skill assessment.
By agreeing to these Terms, the examinee is deemed to have consented to the use and provision of Exam Result Data as specified in this Article.

Article 7 Management of Account Information

Examinees shall manage and store their user ID and password (hereinafter collectively referred to as "Account Information") related to the Service under their own responsibility, and shall not allow third parties to use, lend, transfer, change the name of, sell, or otherwise dispose of them.
Examinees shall be responsible for any damages incurred due to insufficient management of Account Information, errors in use, use by third parties, etc., and the Company shall not bear any responsibility whatsoever.
If an examinee discovers that Account Information has been stolen or is being used by a third party, they shall immediately notify the Company to that effect and follow the Company's instructions.

Article 8 Prohibited Acts

Examinees shall not engage in any of the following acts when using the Service. If the Company reasonably determines that an examinee's actions fall under or are likely to fall under any of the following items, the Company may, without prior notice to the examinee, delete all or part of the examinee's information, suspend transmission, or take other measures.

(1) Acts that infringe on the intellectual property rights, portrait rights, privacy rights, rights of reputation, or other rights or interests of the Company, other examinees, Exam Hosting Companies, External Providers, or other third parties (including acts that directly or indirectly cause such infringement).

(2) Acts related to criminal acts or acts contrary to public order and morals.

(3) Sending obscene information or information harmful to minors.

(4) Sending information about dating relationships.

(5) Acts that violate laws and regulations or internal rules of the Company, Exam Hosting Companies, or industry organizations to which the examinee belongs.

(6) Sending information containing computer viruses or other harmful computer programs.

(7) Sending data exceeding a certain data capacity specified by the Company through the Service.

(8) Acts that are reasonably deemed to have the potential to interfere with the Company's operation of the Service.

(9) Other acts that the Company reasonably deems inappropriate.

Examinees shall not engage in the following acts when taking coding exams. If the Company reasonably determines that an examinee's actions fall under or are likely to fall under any of the following items, the Company may, without prior notice to the examinee, temporarily suspend or discontinue the coding exam, temporarily suspend or discontinue the evaluation of the coding exam, report the fact of cheating in the coding exam to the Exam Hosting Company, or take other reasonable measures.

(1) Reproducing all or part of the content of the coding exam by taking screenshots, using a camera or other equipment, or by any other method. (2) Publishing, reprinting, or otherwise providing all or part of the content of the coding exam to a third party. (3) Causing a third party other than the examinee designated to take the coding exam to take the coding exam, and taking the coding exam in cooperation with multiple people. (4) Taking a coding exam using tools that are not permitted by the Company, such as tools that assist in creating source code. (5) Other acts that the Company reasonably determines to be fraudulent. (6) Any other act that violates the Company's instructions or other precautions regarding taking coding exams as specified in the preceding items.

The Company shall not be liable for any damages incurred by examinees as a result of measures taken by the Company based on this Article.

Article 9 Suspension etc. of the Service

The Company may, without prior notice to the examinee, suspend or interrupt all or part of the use of the Service in any of the following cases:

(1) When performing periodic or emergency inspections or maintenance of the computer system related to the Service. (2) When computers, communication lines, etc., stop due to an accident. (3) When the operation of the Service becomes impossible due to force majeure such as fire, power outage, or natural disaster. (4) When problems, interruptions or suspensions of service, suspensions of cooperation with the Service, changes in specifications, etc., occur in the External Service. (5) In any other case where the Company reasonably determines that suspension or interruption is necessary.

The Company may terminate the provision of the Service at its reasonable discretion. In this case, the Company shall notify the examinee in advance.
The Company shall not be liable for any damages incurred by examinees as a result of measures taken by the Company based on this Article.

Article 10 Burden of Equipment, etc.

Examinees shall prepare and maintain at their own expense and responsibility the computers, smartphones, software, and other equipment, communication lines, and other communication environments necessary to receive the Service.
The examinee shall implement security measures, such as preventing computer virus infections, unauthorized access, and information leakage, at their own expense and responsibility, in accordance with their own service usage environment.
Even if the Company stores the examinee's Exam Result Data and other information for a certain period for operational purposes, the Company is not obligated to store such information after a certain period, and the Company may delete such information at any time.
When installing software or other applications on their computers, smartphones, etc., by downloading from the Company's website or by other methods at the start or during the use of the Service, examinees shall exercise sufficient care to prevent the loss or alteration of information held by the examinee or the breakdown or damage of equipment.

Article 11 Rights Ownership

All ownership and intellectual property rights concerning the Company's website and the Service belong to the Company or its licensors, and the license to use the Service based on the registration specified in these Terms does not imply the transfer or license of intellectual property rights of the Company or its licensors concerning the Company's website or the Service, except as expressly stated in these Terms. Examinees shall not engage in any act that may infringe on the intellectual property rights of the Company or its licensors for any reason (including, but not limited to, disassembling, decompiling, or reverse engineering).
Regarding exam result data and other data acquired by the Company during the examinee's use of the Service on the Company's website or through the Service, the Company may freely use such data without charge (including, but not limited to, reproduction, copying, modification, and sublicense to third parties) to the extent necessary for improving the Service, providing the Service, and developing new services by the Company.

Article 12 Cancellation of Registration, etc.

The Company may temporarily suspend the use of the Service for an examinee or cancel the examinee's registration without prior notice or demand if the examinee falls under any of the following circumstances:

(1) Violation of any provision of these Terms. (2) If it is found that the Registration Information contains false facts. (3) If the Service was used or attempted to be used for a purpose or in a method that may cause damage to the Company, other examinees, Exam Hosting Companies, External Providers, or other third parties. (4) If the examinee is no longer able to receive the provision or cooperation of services from an External Provider due to a violation of the External Terms of Service or any other reason. (5) If the operation of the Service is interfered with by any means. (6) In case of death, or if a guardianship, curatorship, or assistance commencement order has been issued. (7) If the Service has not been used for 12 months or more, and there is no response to contact from the Company. (8) If any of the items in Article 3, Paragraph 3 applies. (9) In any other case where the Company reasonably determines that the continuation of registration as an examinee is inappropriate.

The Company may cancel an examinee's registration by notifying the examinee through a method specified by the Company at least 30 days in advance.
The Company shall not be liable for any damages incurred by examinees due to actions taken by the Company based on this Article, unless such damages are attributable to the Company.
Examinees and the Company may unilaterally terminate the Service Agreement without incurring any liability for damages by notifying the other party if the other party is an antisocial force, etc., or if the other party is involved in any kind of interaction or involvement with antisocial forces, etc., such as cooperating or participating in the maintenance, operation, or management of antisocial forces, etc., through financial support or other means.

Article 13 Disclaimer of Warranties and Limitation of Liability

The Company will endeavor to appropriately conduct, evaluate, and analyze coding exams to accurately report examinees' abilities, but makes no guarantee whatsoever regarding the perfection of the coding exam content, scoring standards, analytical methods, etc. Furthermore, the Company conducts its designated coding exams and analyzes their results based on its own unique standards and at its discretion. In addition, exam result data is intended to be handled as reference information for recruitment screening or skill assessment under the responsibility of the Exam Hosting Company, and the Company assumes no responsibility whatsoever for the results of the Exam Hosting Company and examinee using the Service.
The Service is provided "as is," and the Company makes no warranties whatsoever regarding the Service, including its suitability for a particular purpose, commercial utility, completeness, or continuity.
Even if an examinee obtains any information directly or indirectly from the Company regarding the Service, the Company's website, Exam Hosting Companies, or other matters, the Company makes no warranty to the examinee beyond what is stipulated in these Terms.
The Service may link with an External Service, but the Company does not guarantee such a link, and except in cases attributable to the Company, the Company shall not be liable for any problems or disruptions to the link with the External Service.
If the Service is linked to an External Service, examinees shall comply with the External Terms of Service at their own expense and responsibility, and the Company shall not be liable for any disputes or other issues that arise between the examinee and the External Provider operating the relevant External Service due to a violation thereof, except in cases attributable to the Company.
Examinees shall investigate, at their own responsibility and expense, whether using the Service violates applicable laws and regulations, internal rules of industry organizations, etc., and the Company makes no guarantee whatsoever that the examinee's use of the Service complies with applicable laws and regulations, internal rules of industry organizations, etc.
Any transactions, communications, disputes, etc., that arise between an examinee and other examinees, Exam Hosting Companies, External Providers, or other third parties in connection with the Service or the Company's website shall be handled and resolved at the examinee's responsibility, 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 damages incurred by examinees in connection with the Service, including the interruption, suspension, termination, unavailability, or modification of the Service by the Company, the deletion or loss of information including the examinee's Exam Result Data, the cancellation of the examinee's registration, the loss of data or breakdown or damage to equipment due to the use of the Service, except in cases attributable to the Company.
Even if a link from the Company's website to another website or a link from another website to the Company's website is provided, the Company shall not assume any responsibility whatsoever for websites other than the Company's website and the information obtained therefrom, except in cases attributable to the Company.
The Company shall not be liable for non-performance of obligations under the Service Agreement to the examinee during any period in which the Company is unable to perform such obligations due to circumstances beyond the Company's reasonable control (including, but not limited to, fire, power outages, hacking, computer virus infiltration, earthquakes, floods, wars, epidemics, embargoes, strikes, riots, inability to secure supplies and transportation facilities, intervention, instructions or requests by government authorities or local governments, or the enactment or revision of domestic or international laws and regulations).
Even if the Company is liable to compensate an examinee for damages due to the application of the Consumer Contract Act or other mandatory provisions, or for any other reason, the maximum amount of compensation shall be 10,000 yen. However, this shall not apply in cases of intentional misconduct or gross negligence on the part of the Company.

Article 14 User's Responsibility for Compensation, etc.

If an examinee causes damage to the Company by violating these Terms or in connection with the use of the Service, the examinee shall compensate the Company for such damage.
If an examinee receives a claim from or has a dispute with another examinee, Exam Hosting Company, External Provider, or other third party in connection with the Service, the examinee shall immediately notify the Company of the details thereof, handle and resolve such claim or dispute at the examinee's expense and responsibility, and report the progress and results thereof to the Company upon the Company's request.
If the Company receives a claim from another examinee, Exam Hosting Company, External Provider, or other third party due to infringement of rights or for any other reason in connection with the examinee's use of the Service, the examinee shall compensate the Company for the amount the Company was forced to pay to such third party based on such claim.

Article 15 Confidentiality

In these Terms, "Confidential Information" means all information concerning the technology, sales, business, finance, organization, and other matters of the other party that is provided or disclosed by the other party in writing, verbally, or through recording media, etc., or that is obtained in connection with the Service Agreement or the Service. However, information that (1) was already publicly known or already known at the time it was provided or disclosed by the other party or obtained, (2) became publicly known through publications or other means after it was provided or disclosed by the other party or obtained, without any fault attributable to itself, (3) was lawfully obtained from a third party authorized to provide or disclose it without any obligation of confidentiality, (4) was independently developed without using Confidential Information, or (5) was confirmed in writing by the other party as not requiring confidentiality, shall be excluded from Confidential Information.
Examinees and the Company shall not provide, disclose, or leak the other party's Confidential Information to any third party without the other party's consent. In addition, examinees 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 by the Company.
Notwithstanding the provisions of Paragraph 2, examinees and the Company may disclose Confidential Information based on an order, request, or demand from a law, court, or government agency. However, in the event of such an order, request, or demand, the party shall promptly notify the other party to that effect.
If examinees and the Company reproduce documents or magnetic recording media containing Confidential Information, they shall strictly manage the reproductions in accordance with Paragraph 2.
Examinees and the Company shall, at any time upon request by the other party, promptly return or dispose of Confidential Information and all copies of documents and other recording media containing or embodying Confidential Information in accordance with the other party's instructions.

Article 16 Handling of Personal Information, etc.

The Company's handling of examinees' 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 separately established privacy policy, and examinees agree that the Company will handle examinees' personal information in accordance with this privacy policy.

Article 17 Term of Validity

The Service Agreement shall become effective on the date of completion of the examinee's registration based on Article 3 and shall remain in effect between the Company and the examinee until the earlier of the date on which the examinee's registration is canceled or the date on which the provision of the Service ends.

Article 18 Amendment of These Terms, etc.

The Company may freely change the content of the Service.
The Company may amend these Terms (including rules, regulations, etc., concerning the Service published on the Company's website; the same shall apply hereinafter in this paragraph). If the Company amends these Terms, it shall notify the examinee of the content of the amendment and the effective date of the amendment by the method specified by the Company by the effective date. If the examinee uses the Service after the notified effective date or fails to complete the deregistration procedure within the period specified by the Company, the examinee shall be deemed to have agreed to the amendment of these Terms.

Article 19 Contact/Notice

Inquiries regarding the Service, other contacts or notices from examinees to the Company, and notices regarding changes to these Terms or other contacts or notices from the Company to examinees shall be made by the methods stipulated by the Company.

Article 20 Assignment of These Terms, etc.

Examinees may not assign, transfer, encumber, or otherwise dispose of their position under the Service Agreement or their rights or obligations under these Terms to any third party without the prior written consent of the Company.
If 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 its position under the Service Agreement, rights and obligations under these Terms, and examinees' registration information and other customer information to the transferee of such transfer, and the examinee shall be deemed to have consented to such transfer in advance under this paragraph.

Article 21 Entire Agreement

These Terms constitute the entire agreement between the Company and the examinees with respect to the matters contained herein and supersede all prior agreements, representations, and understandings, whether oral or written, between the Company and the examinees with respect to the matters contained herein.

Article 22 Severability

Even if any provision of these Terms or any part thereof is judged to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining part of the provision judged to be invalid or unenforceable shall continue to be in full force and effect, and the Company and the examinees shall endeavor to modify the invalid or unenforceable provision or part to the extent necessary to make it lawful and enforceable, and to ensure that the purpose and legal and economic effects equivalent to the invalid or unenforceable provision or part are secured.

Article 23 Survival Clause

The provisions of Article 6, Paragraphs 2, 3, and 4, Article 7, Paragraph 2, Article 8, Paragraph 3, Article 9, Paragraph 3, Article 11, Article 12, Paragraph 3, Articles 13 to 16, and Articles 20 to 25 shall remain in full force and effect even after the termination of the Service Agreement.

Article 24 Governing Law and Jurisdiction

The governing law of these Terms shall be the laws of Japan, and the Tokyo District Court or the Tokyo Summary Court shall be the exclusive court of first instance for all disputes arising from or related to these Terms.

Article 25 Consultative Resolution

The Company and examinees shall, if there is any matter not stipulated in these Terms or any doubt arises regarding the interpretation of these Terms, consult with each other in accordance with the principle of good faith and sincerity and promptly resolve the issue.

[Established: November 29, 2021]

[Revised: March 18, 2022]

[Revised: July 18, 2022]

[Revised: December 20, 2022]

[Revised: January 20, 2023]

[Revised: May 18, 2023]

[Revised: October 3, 2023]