Terms of Service for the mdx: Large-Scale Collaborative Platform to Accelerate Data-Driven Science and Society
The following translations are provided for convenience only. When there are discrepancies or inconsistencies between the translated version and the Japanese version, the Japanese version takes precedence.
Established as of September 8th, 2021
Article 1 The objective of the Terms of Service (hereinafter referred to as “the Terms”) is to stipulate the necessary matters with regard to the use of the Service (hereinafter referred to as “the Service”) provided by the mdx: Large-Scale Collaborative Platform to Accelerate Data-Driven Science and Society (hereinafter referred to as “the mdx platform”).
Article 2 In the Terms, the terms are defined as given below.
(1) Tenant: A virtualized computational environment for individual users constructed using the Service
(2) User/s: Persons or a person who construct/s and use/s a Tenant using the Service
(3) Tenant User: Persons or a person who use/s a Tenant constructed by a User using the Service or a service (data provision service or analytical environment, and the like.) constructed in the Tenant
(4) Project application portal: A portal site where Users apply for new project.
(5) User portal: A portal site where Users construct and operate Tenants
(6) The Director: A person appointed on the basis of an agreement for the establishment and management of the mdx platform.
(Purpose of Use)
Article 3 The Service is offered for research for the peaceful purposes stated in the following items with the objectives of academic research, education, technical development, and social implementation, as well as community creation across sectors and fields to achieve these objectives.
(1) Data collection, maintenance, and provision
(2) Algorithm and software development
(3) Construction of data provision and usage platforms
(4) Advanced data utilization
(5) Designing future information infrastructure
(6) Other matters approved by the Director that are used in line with the objectives stated above
(7) Other matters approved by the Director that are used in line with the objectives stated above
(Scope of Application)
Article 4 The User shall agree to the Terms in order to use the Service. Also, the Terms shall apply to all Users.
(Qualification for Use)
Article 5 Users shall be either corporations, groups, or affiliated individuals (including students) that correspond to one of the following items who are also deemed to be suitable by the Director.
(1) Universities, junior colleges, technical colleges, and inter-university research institute corporations
(2) Research agencies and independent administrative corporations and semi-governmental corporations with the objective of research and research support
(3) Agencies of national or regional public organizations with the objective of academic research, academic promotion, or public works
(4) Agencies engaged in collaborative research or public works based on a contract with an agency that corresponds to those listed in (1) to (3)
(5) Private enterprises and other corporations
2 In addition to the items stipulated above, persons who are implementing topics that have been evaluated and approved by the Director
3 Other persons individually approved by the Director
(Application for Use)
Article 6 After agreeing to the content of the Terms, Users shall make an application for use to the Director by completing the designated items in the project application portal that serves as the website for the Service.
(Approval for Use)
Article 7 The Director shall give approval for the use of the Service when he/she deems that the application from the preceding Article is appropriate.
(Period of Use)
Article 8 Users shall use the Service only in the period of use stipulated by the Director.
(Notification of Changes)
Article 9 Users shall promptly carry out the designated change procedures in case of any of the following changes in the notified information.
(1) Name of corporation, group, or individual
(2) Affiliated organization
(3) Contact information
(4) Name or affiliation of the payment authority stipulated in Article 17 (2).
(5) Other information necessary for the use of the Service
2 The mdx platform shall not be held responsible for any damages to the User caused by a delay, etc. to the notification of the changes stated above.
(Cancellation of Usage Agreement)
Article 10 Users may cancel their agreement to Usage Agreement by means of the designated procedures and may do so even within the period of use.
(Withdrawal from Use)
Article 11 In the case that the Director deems that it may cause a hindrance to the use of the Service, the User may be instructed regarding improved methods of use.
2 If the User or the payment authority does not comply with the instructions in the preceding item, or in any of the following cases, the Director may revoke the approval for the use of the Service or suspend usage.
(1) When the Service is used for any purpose other than that which is stipulated in Article 3
(2) When the qualifications for use from Article 5 are forfeited
(3) When the payment of the usage fee stipulated in Article 17 (1) is not made
(4) When it is recognized that there is a connection to the groups listed in Article 26 (1)
3 Even in the case that usage approval is revoked, the User shall not be exempted from the responsibility to fulfill the Terms with regard to the duties already arising from the use of the Service. Also, regarding any damages arising as a result of revocation, regardless of the reason, the mdx platform shall not be held responsible in any way.
(User Responsibilities and Prohibition of Diversion of User Information)
Article 12 Users shall comply with the following items when using the Service.
(1) Users shall not use or allow a third party to use any obtained information for any purpose other than that which is stipulated in Article 3.
(2) Users shall appropriately manage or cause Tenant Users to appropriately manage information for the use of the Service and the Tenants that are used on the Service, and Users shall strive to prevent the inappropriate use of the Service and the Tenants.
(3) Users shall enact usage agreements that conform to the Terms with Tenant Users and shall appropriately manage Tenant Users.
(4) Users shall, at their own cost and responsibility, conclude license agreements for necessary software and install the said software. In the case that the software is no longer required, Users shall cancel the agreement and carry out other necessary procedures.
(5) Users shall use the software in a safe environment by implementing countermeasures such as software vulnerability countermeasures, upgrades, and necessary setting modifications at their own cost and responsibility. Users shall respond in a responsible way to any information security incidents that occur in the usage environment. In such an event, Users shall promptly report to the mdx platform and implement a response in line with the instructions from the Director.
(Transfer of Contractual Status, Rights, and Obligations)
Article 13 The status, rights, or obligations entered into in usage agreements on the basis of the Terms shall not be transferred or provided as security, by Users to a third party either in whole or in part. In connection to the use of the Service, regarding any act (or inaction) performed by a third party using the issued account, Users shall bear the civil obligations and responsibilities based on usage agreements and relevant laws regardless of the participation of the User.
Article 14 When publishing results obtained from the use of the Service, Users shall make a statement to the effect that the Service was used. Users shall cooperate in information (e.g., papers, media publications, data, and software, etc.) collection tasks carried out by the mdx platform in connection to the results obtained from the use of the Service.
(Handling of Usage History)
Article 15 The mdx platform may record User usage history as stated below and may use the history for the stable and efficient management of the Service.
(1) User identity, name, affiliated organization, contact information and payment authority
(2) Other items necessary for the use of the Service
2 The mdx platform shall handle the recorded User usage history in line with the rules for the handling of personal information stated in Article 20 (1).
(Handling of User Data)
Article 16 Ownership of data stored by the User on the Service is ascribed to the User, and the mdx platform shall take the utmost measures to preserve the data during the period of use.
2 Notwithstanding the stipulations in the preceding item, the mdx platform bears no responsibility whatsoever for any damage suffered by the User because of the loss of data.
3 Data recorded by the User shall be deleted by the User by the end of the period of use, and the mdx platform may delete any data that is stored or maintained after the end of the period of use.
(Payment of Usage Fee)
Article 17 Service usage fees shall be stipulated separately.
2 Users shall notify the Director of the payment authority responsible for paying usage fees.
3 Users shall pay the usage fee through the payment authority. However, in the case of a purpose of use stipulated in Article 3 that is specifically recognized by the Director, an exemption of the usage fee may be made in whole or in part.
4 Usage fees shall be paid using the method designated by the University of Tokyo by the payment date specified by the mdx platform.
5 In general, usage fees that have been paid in accordance with the preceding items will not be refunded.
(Temporary Suspension of the Service)
Article 18 In cases that conform to any of the following items, the mdx platform may suspend the use of the Service either in whole or in part. In the case of a temporary suspension, the mdx platform shall notify Users as promptly as possible.
(1) When continuing the Service is not feasible because of force majeure, including the occurrence or possible occurrence of accidents and disasters, etc.
(2) When there is a suspension or possible suspension of the equipment in the Information Technology Center at the University of Tokyo on Kashiwa II Campus, the Kashiwa Annex of the National Institute of Informatics (NII), or SINET (Science Information Network, operated by NII) because of power outages, maintenance, malfunctions, construction, or compliance measures
2 Regardless of the reason, the mdx platform bears no responsibility whatsoever for any damages suffered by the User because of a temporary suspension of the provision of the Service except in cases of intentional or serious errors committed by the mdx platform.
(Changes and Abolition of the Service)
Article 19 The mdx platform may change the User Service details for the purpose of the stable and efficient use of the Service.
2 The Service may be abolished in whole or in part depending on the situation of the mdx platform. In the case of abolition, Users shall be notified at least three months in advance of the date of abolition. However, abolition may be made without notifying Users in cases that correspond to the following item.
(1) When the Director makes a decision for immediate abolition because of directives or orders from an public institutions.
Article 20 Any personal information that is acquired through the project application portal or User portal of the Service shall be appropriately handled by the mdx platform in accordance with legislation and the terms for the handling of personal information stipulated by the University of Tokyo.
2 The handling of User personal information acquired through services managed within the Tenant (referred to as Tenant User personal information) shall be stipulated by the User in accordance with legislation.
(Duty of Confidentiality)
Article 21 When executing the Terms, the mdx platform shall not disclose or leak to a third party any User information (excluding widely-known information; hereinafter referred to as “User Information”) that becomes known through the Service without justifiable reason. When an order for disclosure is received in accordance with legislation, the mdx platform may disclose User Information after providing prior notification to the User. The mdx platform shall not bear any responsibility for damages suffered by the User caused by such disclosure.
2 The mdx platform and Users shall handle emails as confidential information and shall not indiscriminately disclose such emails to any third party without a legal basis.
3 Users shall not use any business-related information on the mdx platform that becomes known through the use of the Service for any purpose other than that specified in Article 3.
Article 22 When using the Service, Users shall observe the Foreign Exchange and Foreign Trade Act, the Export Trade Control Order, the Foreign Exchange Order, and any other Japanese export-related legislation.
Article 23 The mdx platform bears no responsibility whatsoever for any damages suffered by the User or other damages related to the Service for the following reasons.
(1) Damage or loss of data, and the like. registered on the Service
(2) Impact on the operation of Tenants because of upgrades to software or operating systems and the like provided by the Service
(3) Suspension of the Service because of system maintenance, security incidents, or other usage-related reasons
(4) Issues arising between the User and Tenant User in connection to the use of the Service by the User
(5) Issues arising between the User and third parties in connection to the use of the Service by the User
Article 24 The mdx platform may request Users to carry out investigations into usage status, usage conditions, responses in the event of failure, and/or to gather information on harmful practices when damage occurs; or the User may be requested to cooperate in an investigation conducted by the mdx platform.
2 In the case that emergency measures are deemed to be necessary in connection to harmful practices in the Service, the mdx platform may suspend the Service after notifying the User.
3 The mdx platform may request Users to install management tools for the purposes of load measurement and illegal access monitoring, etc. in the Service.
4 Users shall respond in good faith to requests for investigations and cooperation from the mdx platform.
Article 25 Users shall not perform any of the following acts.
(1) The publication, sale, sharing, distribution of user numbers, passwords, or other account information used on the Service, or any acts equivalent to these
(2) Acts that hinder the Service or the operation of devices and equipment owned by third parties
(3) Storage of data that has no connection to the purpose of use stipulated in Article 3, or any acts equivalent to this
(4) Acts that violate laws and public order
(5) Other acts that violate the Terms and acts deemed to be inappropriate by the steering committee of the mdx platform (hereinafter referred to as the “Steering Committee”).
2 The mdx platform may revoke the usage rights of Users that violate the prohibitions in the preceding items without prior notification.
3 In the case that a User causes damage to the Service because of acts that violate the Terms or unjust or illegal acts, the mdx platform may seek compensation for damages caused by the User.
(Elimination of Antisocial Forces)
Article 26 Users shall not have a relationship with any of the following organizations.
(1) Antisocial forces
(2) Organizations that are recognized as being substantially managed by antisocial forces
(3) Organizations that are recognized as using the influence of antisocial forces for the purpose of unjust profit for oneself, one’s company, or a third party, or for the purpose of causing damage to a third party
(4) Organizations that are recognized as providing funds or that participate in the provision of other benefits to antisocial forces
(5) Other organizations that have connections with antisocial forces that are socially condemned
2 The User shall declare that the User does not have a relationship with any of the organizations from the preceding items as of the date of application and promise that they will not form any such relationships in the future.
Article 27 The Steering Committee may revise the Terms when necessary. In the event that the Terms are changed, the Steering Committee shall publish the revised Terms on the website prior to executing the revisions or shall notify Users of the same using a method deemed to be appropriate.
Article 28 The governing laws for the Terms shall be the laws of Japan, and the Terms shall be interpreted in accordance with the laws of Japan.
2 Any lawsuit arising with regard to the details stipulated in the Terms shall be governed by the Tokyo District Court as the exclusive court of the first instance.
(Matters of Consultation)
Article 29 Consultations shall be held in good faith between the User and the mdx platform for the resolution of any doubts that arise regarding the interpretation of the Terms or regarding any items not stipulated herein.
Article 30 In the case that items not stipulated herein shall be stipulated, the Steering Committee shall hold discussions and stipulate the relevant items.
2 Any items that are required in order to implement the Terms other than those stipulated herein shall be separately defined.
1 The Terms come into effect as of September 8, 2021.
2 Notwithstanding the regulations in Article 17, usage fees shall not be collected for the present moment. When this measure is to be terminated, Users shall be given at least three months’ notice by email.。