Terms and Conditions for Users of “back check”

These terms and conditions define the terms and conditions for the use of all services related to back check provided by back check, Inc. (hereinafter referred to as "the Company") as a candidate, nominator, or employee. Candidates, recommenders, and employees (hereinafter collectively referred to as "Users") should read these terms and conditions carefully before using this service.

Article 1. Purpose

The Terms aim that, upon providing the Service, the Company clearly shows User the conditions of basic agreement (an agreement between the Company and a person who wishes to use the Service (a “Prospective User”) based on the Terms shall hereinafter be referred to as the “Agreement”) and sets forth the rights and obligations of the Company and User.
Where the Company proposes separate, additional provisions or rules (collectively, “Separate Provisions”) for the Service in writing, or sends or posts such provisions by e-mail, or on the Company’s website (https://backcheck.jp (if the website domain name or content changes, whatever the reason, such changed domain etc. )), these provisions shall be deemed to constitute a part of the Terms. Where the Separate Provisions conflict with any of the Terms, the Separate Provisions shall prevail. In addition, amendments and changes to the Terms shall conform to the provisions of Article 19.

Article 2. Registration

Prospective User may apply for registration with the Service by agreeing to comply with the Terms and providing the Company with the information it requests by the methods determined by the Company.
Upon receiving application for the registration set forth in the preceding paragraph, the Company will review it according to the Company’s screening criteria and, if the application is approved, notify the Prospective User of that effect.
In the case of the preceding paragraph, the Company may request documents necessary for the review, whereupon the Prospective User shall swiftly provide such documents. Where a Prospective User does not submit the documents above, or where the Company deems the application does not meet its screening criteria, the Company may reject the Prospective User’s application for registration.
In addition to the preceding paragraph, where any of the items below apply to the Prospective User who made application for registration pursuant to paragraph 1, the Company reject the application.
1.Where information provided to the Company, whether in whole or in part, is false, incorrect, or missing;
2.Where the Prospective User lacks the legal rights or status to conclude the Agreement;
3.Where the Prospective User has already been subject to account deletion or service suspension in relation to use of the Service;
4.Where the Company deems the Prospective User to be an anti-social force (organized crime group or the member thereof, person who used to be a member of an organized crime group and for whom five years have not passed since he/she ceased to be a member of an organized crime group, quasi-member of an organized crime group, a related or associated company of an organized crime group, a corporate racketeer (sokaiya), a group engaging in criminal activities under the pretext of conducting social campaigns, a crime group specialized in intellectual crimes or other person equivalent thereto), have any connection or involvement with any anti-social force by cooperating or being involved with the maintenance, operation or management of the anti-social force through contribution of funds or other means, or to have fallen under any of the above in the past;
Where the Company deems unsuitable for registration.

Article 3. Provision of Registration Data

When registering personal data (“Registration Data”) for use of the Service, Prospective User and User shall provide accurate and truthful information in a way that does not violate applicable laws and regulations, including the Act on the Protection of Personal Information. In the event of errors or changes in the Registration Data, the Prospective User or the User shall promptly correct or change the data at his/her sole responsibility.
The Company provides the Service based on the Registration Data registered by the Prospective User or the User. The Company waives all liability for damages to Prospective User or User because the information above is false, inaccurate, missing or unchanged.
Where notification from the Company does not arrive as a result of a Prospective User or User not correcting or changing Registration Data, the notification shall be deemed to have arrived at the time it would ordinarily have arrived.

Article 4. Account Management

User shall store and manage accounts associated with the Service at their sole discretion and liability and shall not have them used by any third party, lend, assign, or sell them to any third party, or change the owner of them to any third party. When the Company confirmed matching of ID and password, it may deem that the User registered as the holder of the account has used the Service.
The User shall bear all damages suffered by him/her as a result of improper management, improper use or use by third parties, of the account and the Company shall not bear any liability.
Where a User’s account is found to have been stolen or used by a third party, the User shall contact the Company immediately and following instructions given by the Company.
Where the Company deems the User’s use of the Service to have reasonably concluded, it shall promptly delete the User’s account.

Article 5. Commitment of User

User commits that he/she shall, based on their experience and knowledge, accurately answer any questions made on the Service, and not answer untruthfully or falsely.
The candidate or employee shall ensure that the recommenders accurately answers the questions on the Service based on the experience and knowledge of the recommenders, and shall not interfere with such answers or request false answers.

Article 6. Use of Service

User may use the Service by the methods and within the scope stipulated by the Company.
User shall use the Service as provided by the Company and shall not duplicate, modify, change, alter or adapt it. User shall use the Service following the specific conditions separately determined by the Company.
User shall not use the Service for the provision of work to third parties, or other similar purpose whether directly or indirectly.
User shall prepare and maintain at their sole expense and liability all computers, software, other equipment, communication line and other communication environment necessary for use of the Service.

Article 7. Service Fees

Unless otherwise agreed with the Company, User shall not have obligation to pay any fees for use of the Service.

Article 8. Use of Information Provided by User

The Company shall handle Registration Data, User information, all communication by User on the Service, and other information collected from User through use of the Service as well as the information about User that the Company independently collected (collectively, “Member Data”) appropriately in accordance with the Privacy Policy set forth by the Company.
The Company may, at our discretion, use the information provided by users to us for the purpose of providing and operating the Service, improving and enhancing the content of the Service, understanding the use of the Service, etc., or use it as statistical data to make proposals or consulting to companies, development of new services or other purposes (including provision to companies) and the User agrees with that.
The Company may, to the extent reasonably necessary for the business operation of the Service, provide the candidate's or employee's information, the relationship between the candidate or employee and the recommender, the recommender's responses and membership information, together with the Company's own scoring and comments, to the recruiting company or other company（Employment agencies (limited to companies and employment agencies to which we have notified the candidate in advance and to which the candidate has given his/her consent) or the company to which the employee belongs, including the head of the company or the person in charge of human resources.） to which the candidate is considering changing jobs, and the user agrees to this.

Article 9. Prohibited Acts

User of the Service shall not, whether directly or through a third party, engage in any of the acts below. In addition, User shall not cause or facilitate any of the below acts, whether directly or indirectly.

Leaking trade secret of third parties (including the Company, candidate, recommenders, employee, or legal entity or group etc. to which they belong) or information for which User has confidentiality obligation based on law or contract.
Slandering , defrauding, or threatening the Company, candidates, recommenders, employee, or other third parties, or providing false information to the same;
Publishing information disclosed or provided by the Company on the Service or in connection with the Service to social media or other outlets;
Dishonest acts against candidates, recommenders, employee, employment agency or hiring companies;
Acts that infringe or may infringe on the intellectual property rights, right of publicity, privacy, fame, credit or other rights or interests of the Company, candidates, recommenders, employee, hiring companies, employment agency or other third parties;
Acts that induce malfunction of the service;
Communicating information on the Service that falls under, or that the Company deems fall under, any of the below:
1.Information containing expressions that induce, solicit, or encourage suicide or self-harm;
2.Information about the purchase and sale of pharmaceuticals or hazardous drugs, or information containing expressions that promote improper use of pharmaceuticals or hazardous drugs;
3.Information about religious acts, religious groups, political activities, or publicity or advertising of political groups;
4.Information containing violent ,cruel, sexual or discriminatory expressions, or that would otherwise cause discomfort to others;
5.Information that disseminates harmful computer viruses or programs; or
6.Other information the Company deems inappropriate;
Putting excessive load or strain on the Service or the Company’s servers;
Making unauthorized access to systems connected to the Service;
Impersonating the Company, other Users, or other third parties;
Obstructing regular operation of the Service;
Becoming an anti-social force or conducting interaction or involvement with anti-social forces including cooperation or involvement in the maintenance, operation or management of the same through provision of funds or other methods;
Criminal acts or other acts that would connect to the same;
Violation of any of the provisions of the Terms;
Where contacted by the Company and making no response for thirty days or more; or
Other acts the Company deems inappropriate.

Article 10. Violations

Where any of the items in Article 9 or below apply or the Company deemed that there is a threat to apply to a User, or it is necessary for the operation and maintenance of the Service, the Company may, at its sole discretion, delete, whether in whole or in part, User information, suspend or temporarily restrict the Service, or delete accounts (collectively, “Suspension”)
1.Violating the provisions of the Agreement, or where reported as violating it;
2.Where an auditory or regulatory body has issued measures for termination or suspension of the business;
3.Where information provided to the Company, whether in whole or in part, was found to be false;
4.Where subject to an injunction, provisional injunction, disposition, or tax arrears;
5.Where subject to suspension of payment or in arrears, or where a motion for bankruptcy proceedings or equivalent thereto is filed; or
6.Where required for the operation, management, or maintenance of the Service, or other causes equivalent to the items above.
User will not be released from any obligations or debts under the Agreement even after the Suspension was imposed thereon.
The Company may retain and use User information provided by the User even after deletion of the User’s account.
Where any of the items in Article 9 or Clause 1 of this article apply or the Company deems there is a threat to apply to a User, the Company may request the User to suspend the violating conduct or voluntarily delete or revise any information he/she sent or published. User shall comply with these requests within the period of time specified by the Company.
Excluding where caused willfully or with gross negligence, the Company waives any liability for damages or disadvantage caused to User as a result of measures taken by the Company based on this article.

Article 11. Damages

In the event of direct or indirect damages to the Company (includes where the damages are caused by a specific action by a User and the Company receives a claim for damages from a third party) as a result of a User’s violation of the Terms or use of the Service, the User shall indemnify the Company in full for all damages (including but not limited to settlements, legal fees, and personnel and labor costs).
Whether liability on default, tort or other legal basis, the Company will be liable for damages incurred by User as a result of violation of these Terms or other use of the Service only when such damages were caused willfully or through gross negligence of the Company. However, the Company shall only be liable for direct and ordinary damages actually incurred by the User and shall not liable for damages caused by an event not attributable to the Company, damages arising from extraordinary circumstances regardless of whether such damage is foreseen by the Company, or loss of profits.

Article 12. Confidentiality

Excluding where prior written consent has been obtained from the Company, User shall keep information (including but not limited to questions, the names of hiring companies a candidate seeks to apply for, and the relationship between candidate and recommenders, employee, collectively “Confidential Information”) disclosed or provided by the Company on or through the Service strictly confidential and not disclose or provide (including publication on social media and other platforms) it to third parties, except where the disclosure or provision to a third party is enforced by law and disclose or provide it to the minimum extent necessary on the condition that the Company is informed in advance (or, if practically difficult, swiftly after the disclosure or provision).
Notwithstanding the preceding paragraph, any of the information below shall be excluded from the Confidential Information set forth in the preceding paragraph.
1.Information already public or known at the time of its disclosure or provision, or information that becomes public after its disclosure or provision for causes not imputable to the User who received the Confidential Information;
2.Information lawfully obtained by the User from third parties without duties of confidentiality;
3.Information already retained by the User at the time of its disclosure or provision.
Where requested by the Company at any time, User shall, following the Company’s instructions, return or destroy Confidential Information and documents or other recording media recording or containing Confidential Information without delay.
Where a User violates the provisions of Paragraph 1 and discloses or provides Confidential Information to a third party, the User shall promptly take measures (including deletion of the published social media content or requiring provision of the contact address of third parties to whom the information was provided) to address the violation designated by the Company.
The provisions of this article shall remain in effect for two years after the termination of the Agreement.。

Article 13. Intellectual Property Rights

All intellectual property rights (including the rights set out in Article 27 and Article 28 of the Copyright Act. The same shall apply hereinafter.) of the Service and Company’s content therein (all information provided to User by the Company on the Service, including but not limited to text, graphics, video, audio, music, and other sound data; images, software, programs, code, and other data) vests with the Company and/or parties granting a license to the Company.
The Company grants personal use of all Company’s content provided by the Company through the service to the extent necessary for provision of candidate or employee, recommenders information on the Service but grants User no rights other than those explicitly set forth in the Terms.
Trademarks, logos, service symbols, etc. (collectively, “Trademarks”) may appear on the Service, but the Company does not assign the Trademarks to User or third parties, nor grant them the right to use the Trademarks.
All intellectual property rights of the content provided by User on the Service (all information provided to the Company by User on the Service, including but not limited to text, graphics, video, audio, music, and other sound data; images, software, programs, code, and other data) vests with the User. However, the User shall grant the Company a license to use the User provided content for the purpose of achieving the purpose of the Agreement for free and shall not exercise moral rights against the Company or third parties designated by the Company.

Article 14. Changes, Suspension and Termination of Service

The Company may change or add to the Service, in whole or in part, without prior notification to User.
The Company may, at its sole discretion, terminate the Service, whether in whole or in part, by notifying User in advance on the Company website, or by other methods the Company deems applicable. However, User may not be notified in the case of an emergency.
Where any of the below apply, the Company may temporarily suspend, whether in whole or in part, provision of the Service without prior notice to User.
1.For the periodic or emergency maintenance or repair of telecommunications equipment used for the Service;
2.Cases where the system is under heavy load due to excessive access or other unexpected causes;
3.Where required to ensure the security of Users;
4.Where service is not provided by telecommunications provider;
5.Where an earthquake, flooding, extreme weather, fire, power outage, accident of transportation system, or other natural disaster or accident, or war, terrorism, disturbance, riot, rebellion, demonstration, or labor strike, epidemic of infectious diseases, hacking, unauthorized access renders continued provision of the service difficult;
6.Where the enactment or amendment to law, intervention, order, instruction, requests, declaration or any measures taken therefor by judicial or administrative agency render operation of the Service difficult;
7.Where a failure of telecommunication system, computer system or software, etc. used by the Company, User or third parties renders operation of the Service difficult; or
8.Any other cases equivalent to the preceding items which the Company deems grounds for temporary suspension;
Except where caused by willful misconduct or gross negligence of the Company, the Company waives any liability for damages incurred by User as a result of measures taken by the Company based on this article.

Article 15. No Warranty

We may provide all or part of the information obtained from the user to the company to which the candidate wishes to change jobs, to the employment agency to which the candidate requests job placement, to the company to which the employee belongs, or to the head of the company or personnel manager, but we do not guarantee that the company to which the candidate wishes to change jobs, the recruiting company, the company to which the employee belongs, etc. will properly manage such information.
The Company makes no warranty as to the suitability for a specific purpose of User, commercial value, accuracy, usefulness, completeness, legality, conformity with internal regulations to which the User is bound, absence of security defects, errors, bugs, or other malfunction, or non-infringement on the rights of third parties of the Company’s content or any other information provided on or through the Service.
Unser agrees that the Company makes no warranty that the Service is compatible with all devices and that upgrades to the OS on a device used on the Service may cause malfunction of the Service. The Company makes no warranty that its revisions to programs in the event of a malfunction will resolve the malfunction.
In the event of disputes arising between User and third parties (including but not limited to candidates, employee, recommenders, and hiring companies or employment agency) in connection with the Service, User shall immediately inform the Company of that effect and resolve it at his/her sole responsibility and expense. The Company shall not be involved in, or liable for, these disputes in any way.
Except where there is willful misconduct or gross negligence of the Company, the Company will not be liable for any damages incurred by User caused by the following events:
1.An earthquake, flooding, extreme weather, fire, power outage, accident of transportation system, or other natural disaster or accident, or war, terrorism, disturbance, riot, rebellion, demonstration, or labor strike, epidemic of infectious diseases, hacking, unauthorized access, etc.;
2.Enactment or amendment to law, intervention, order, instruction, requests, declaration or any measures taken therefor by judicial or administrative agency;
3.A failure of telecommunication system, computer system or software, etc. used by the Company, User or third parties; or
4.Any other event not attributable to the Company.

Article 16. Contact and Notification

Notifications as to changes to the Terms or other contact from the Company to User concerning the Service shall be made by posting on the Company’s website, by e-mail, or by other methods the Company deems reasonable.
Inquiries about the Service and other communication or notices from User concerning the Agreement shall be made via the inquiry form located on the Company’s website or by other methods designated by the Company.

Article 17. Prohibition of Assignment

User shall not assign (includes comprehensive succession as a result of merger or company split, etc.) or make security over, whether in whole or in part, to third parties his/her status or rights and obligations under the Agreement without prior written consent from the Company.

Article 18. Transfer of Business

Where the Company transfers, whether in whole or in part, the business pertaining to the Service to another company or party, the Company may transfer its status or rights and obligations under the Agreement and Member Data to the transferee. User shall be deemed to have consented such transfer in advance. A transfer of business in this article includes comprehensive succession as a result of merger or company split where the Company is extinct company or splitting company.

Article 19. Amendments to the Terms

The Company may, on its own judgement, amend the Terms in the following cases:
1.If the amendment to the Terms conforms to the general interest of the Users; or
2.If the amendment to the Terms does not run afoul of the purpose of the Terms, and it is reasonable in light of the circumstances concerning the amendment such as the necessity of the amendment, the appropriateness of the details of the amended conditions.
When the Company wishes to amend the Terms pursuant to the preceding paragraph, the Company shall notify the details of the amendment and the effective date of the amendment in advance by displaying on the Company’s website or by other methods specified by the Company.
The amendment to the Terms set forth in Paragraph 1 shall take place on the effective date specified by the Company, and the Service provided after such effective date shall be subject to the amended Terms. The Users who will not agree to the amendment cannot use the Service.

Article 20. Term

The Agreement shall remain in effect from the date on which registration is made pursuant to Article 2 until the day on which the User’s account is deleted.

Article 21. Termination

Where the Agreement terminates for expiry or other causes, User forfeits the right to use the Service and shall immediately return to the Company or, following the instructions from the Company, dispose of and provision of proof of disposal, all articles (including but not limited to Service specification documents and operating manuals) previously provided by the Company.
Where the Agreement is expired, terminated or cancelled, User shall, from that date, discard or delete all information downloaded, copied, or extracted (irrespective the medium or format) in connection with the Service, excluding information the retention of which is lawfully required or for which there are reasonable grounds for the User to retain after expiration, termination or cancellation of the Agreement.
In the event that the Agreement is expired, terminated or cancelled, the Company does not have to destroy or delete information obtained from User through the Service, and may retain it thereafter. However, the Company shall discard or delete, among the information concerning the candidate registered by User, all information by which the fact that a candidate has applied for a specific hiring company, Information related to job placement services with employment agencies and the hiring company was considering employment of the candidate is identifiable.
Where the Agreement is expired, terminated or cancelled, the provisions of Article 3, Paragraph 2 and Paragraph 3, Article 4 Paragraph 2; Article 8.2 and 3; Article 10, Paragraph 2 and Paragraph 5; Article 11 through Article 13; Article 14, Paragraph 4; Article 15 through Article 18; and Article 21 through Articles 24 shall remain in effect. However, Article 12 shall remain in effect only for two years after the termination of this contract.

Article 22. Severability

Where any of the provisions of the Terms are rendered invalid or unenforceable, the other parts shall remain in effect as valid and enforceable. The Company and User agree that they will make efforts to ensure that the intent of the original terms is preserved and the same effect achieved and will be bound by the revised Terms.
Even where any of the provisions of the Terms are rendered invalid or unenforceable against a User, this shall not have any effect on validity of the same against other Users.

Article 23. Governing law and Jurisdiction

The Terms are governed by the law of Japan. Any dispute arising out of or in connection with the Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court in the first instance.

Article 24. Good Faith Negotiation

In the event of issues concerning the interpretation of, or disputes over, the Terms or matters not stipulated herein, both parties shall negotiate in good faith in order to promptly resolve the issue.

Enacted: September 12, 2025