Terms of Service

Before using Nproc, please take a moment to carefully review these Personal Use Terms of Service ("Terms"). These guidelines govern your interaction with the demo.nproc.net website and all associated services provided by Growth Hack Studio Inc. ("Nproc", "our team", "we").

In these Terms, references to "you" denote the individual engaging with our Service. The term “Services” encapsulates Nproc’s cloud-based platform, including any affiliated APIs, and further encompasses associated mobile and desktop applications, as well as any additional features you choose to use. Anything not explicitly provided by Nproc is beyond the scope of “Services”.

By engaging with our Service, you signify your acceptance of and commitment to these Terms, as well as our Privacy Policy. Together, these documents form the basis of your interaction with our Service. They are binding for every visitor, user, and any other individual or entity seeking to explore or utilize our Service. If you haven't yet reviewed our Privacy Policy, please do so here (https://site.nproc.net/privacy_policy.html).

If any section of these Terms or our Privacy Policy does not align with your perspective or intentions, we respectfully ask that you refrain from accessing or using our Service.

1. Content

Responsibility for Content: By using Nproc's services, users might generate, post, link, store, or share certain information, texts, graphics, videos, or other materials (referred to as "content"). You are solely responsible for the content you make available through the service, including its legality, reliability, and appropriateness.

Content Rights: While you retain any ownership rights you have in the content you post on Nproc, by posting or sharing content, you grant Nproc the right to use, modify, perform, display, reproduce, and distribute such content within the confines of Nproc's sharing settings. Granting Nproc the rights specified above does not imply that Nproc has any rights to sell or commercially exploit your content without additional agreements.

Third-party Components: Both the user interface and the underlying infrastructure of Nproc might incorporate elements or functionalities derived from third-party sources, including open-source software. These components remain the intellectual property of their respective original creators. Nproc does not claim comprehensive ownership over them.

Access by URL: Even without direct sharing functionality, content in demo versions can be accessed by anyone who has its direct URL. It's your responsibility to ensure the security and privacy of these URLs if you don't intend for others to view your content.

Content Monitoring: Nproc reserves the right to monitor and review all content provided by users but isn't obliged to. We can remove or disable access to content for any reason, including content that violates these terms.

Deletion of Content: You can remove your content using the delete function within the service. However, some content might not be entirely removable and could remain on the service in certain instances. Details about such instances can be found in clause 9.

2. Restrictions on Use of Nproc

When using Nproc, you must refrain from the following actions unless otherwise permitted by applicable laws, regulations, or with our explicit written consent:

Content Restrictions: Do not submit or share content that:

• Infringes upon third-party intellectual property rights, including but not limited to patents, copyrights, trademarks, or trade secrets.
• Breaks any law or regulation, or could result in legal liabilities.
• Is deceptive, false, or misleading.
• Contains harmful, offensive, or inappropriate material, including content that promotes hate, violence, or illegal activities.

Service Misuse: Avoid actions that:

• Interfere with, damage, or impair the functionality of Nproc.
• Exceed fair usage limits, if any, determined solely by Nproc.
• Attempt unauthorized access or disruptions to Nproc or related systems.
• Bypass or tamper with security or technological measures implemented in Nproc.

Automated Access: Do not deploy automated systems, like robots or scrapers, to access, monitor, or interfere with Nproc.

Malicious Activities: Refrain from introducing malicious or harmful software, such as viruses or trojans.

Unethical Use: Do not use Nproc for any activities deemed illegal, unethical, or disruptive.

Jurisdictional Restrictions: Do not access Nproc from regions under comprehensive U.S. embargoes.

Other Restrictions: Any actions not explicitly allowed by these terms are prohibited.

3. Account Responsibilities

Maintaining the confidentiality of your Nproc account and password is your sole responsibility. This includes, but is not limited to, ensuring that your computer and account are accessed only by authorized individuals. It's prohibited to share your login credentials with others. Any activities occurring under your account fall under your responsibility. If you detect any unauthorized use or potential security breach related to your account, please notify us at once.

Selecting a username that impersonates another individual, uses names or trademarks protected by rights of another party (without the proper permissions), or is offensive, vulgar, or obscene is not allowed.

Nproc services are not intended for individuals under the age of 13. By accessing or using the service, you confirm that you are at least 13 years old.

4. Communications from Nproc

Upon account registration with our Service, you consent to receive newsletters, promotional content, and other related information we might distribute. Nevertheless, if you prefer not to receive such marketing communications, you can always choose to unsubscribe by following the steps outlined in our emails. Be aware, however, that regardless of your marketing preferences, essential service-related or administrative notifications may still be sent to you.

5. Protection of Intellectual Property

At Nproc, we deeply honor the sanctity of intellectual property rights. It remains our steadfast commitment to address and act upon any indications that content on our platform might be violating copyright or other forms of intellectual property rights, termed here as “Infringement”.

Should you be in possession of copyright, or act under the authority of a copyright holder, and recognize a potential violation within our platform, we urge you to relay your observations to our dedicated team at nproc-support@ghs.tokyo. Please employ the subject: “Potential Copyright Breach.” Within your communication, provide an exhaustive overview of the Infringement, in line with the criteria detailed in the subsequent section, titled “DMCA Compliance and Copyright Breach Reporting Procedure.”

Please be advised that any unsubstantiated or ill-intended accusations could render you susceptible to compensatory claims, including potential legal fees and associated costs.

6. DMCA Compliance and Copyright Breach Reporting Procedure

In adherence to the stipulations of the Digital Millennium Copyright Act (DMCA), we request you to supply our designated Copyright Agent with the following particulars, presented in writing (for comprehensive guidelines, kindly consult 17 U.S.C 512(c)(3)):

• An authenticated electronic or physical endorsement by the individual bestowed with the authority of the concerned copyright entity;
• Detailed account of the original copyrighted work in contention, highlighting its digital location (URL) or providing an exact copy thereof;
• A pinpointed reference to the location on Nproc where the alleged violation resides;
• Direct contact coordinates encompassing: mailing address, telephonic contact, and electronic mail address;
• A candid statement, emanating from you, attesting to your genuine belief that the matter of dispute hasn’t received the blessings of the copyright guardian, its representatives, or the prevailing statutes;
• A sworn declaration, under the possibility of perjury repercussions, underscoring the veracity of your reported details and either signifying you as the original copyright owner or their authorized emissary.
• To initiate this procedure or seek further clarity, our Copyright Agent remains at your service at nproc-support@ghs.tokyo.

7. Ownership and Proprietary Rights

All elements of the Nproc platform, with the exception of content contributed by users and affiliated organizations, are the sole and exclusive property of Nproc or our licensors. This encompasses protections under copyright, trademark, and other applicable national and international laws. Unauthorized use of our branding or intellectual property without explicit written permission from Nproc is strictly prohibited.

8. Contributions and Insights

Your insights and comments about Nproc are invaluable to us ("Contributions"). By offering such Contributions, you understand and explicitly agree that you do not acquire any ownership or rights in the Service or in the Contributions you provide. All Contributions transition to being the exclusive property of Nproc. Nproc retains the right to use, share, and implement any Contribution without any obligation for notification, remuneration, or attribution to you. Accordingly, you grant to Nproc all rights and ownership, encompassing but not limited to intellectual property rights, in the Contributions you present.

9. Termination

Nproc, at its sole discretion, reserves the right to terminate or suspend your account and deny access to our Services immediately, without any prior notification or liability. This can be due to any reason, most prominently if there's any breach of our terms.

For those wishing to end their association with Nproc, particularly in the demo version without a direct termination feature, the necessary step is to cease using the Service. For more formal termination requests, you can contact our support team directly at nproc-support@ghs.tokyo.

Please be advised that certain provisions in our Terms, based on their inherent nature, will persist even after termination. This includes but is not limited to aspects related to intellectual property rights, disclaimers, indemnities, and liability limitations.

10. Protection of Liability

As a user of Nproc, you pledge to shield and vouch for Nproc and its associated entities, including our license holders, personnel, representatives, and leadership. This commitment is essential for any resulting repercussions, liabilities, costs (encompassing legal expenses), or damages that might surface due to:

• Direct or indirect engagement with our Services, be it by you or someone utilizing your login details.
• Any disregard or infringement of these set Terms.
• The User Content you contribute or upload to our platform.

11. Limitations of Liability

IN ANY GIVEN CIRCUMSTANCE, NPROC, INCLUDING ITS LEADERSHIP, WORKFORCE, ASSOCIATES, REPRESENTATIVES, VENDORS, OR PARTNERS, SHALL NOT BE ACCOUNTABLE FOR ANY INDIRECT, INCIDENTAL, EXCEPTIONAL, CONSEQUENTIAL, OR PENAL DAMAGES. THIS ENCOMPASSES, BUT ISN'T RESTRICTED TO, LOSSES PERTAINING TO PROFITS, DATA, GOODWILL, USAGE, OR OTHER NON-TANGIBLE ASSETS. THESE STIPULATIONS HOLD REGARDLESS OF THE LEGAL STANCE (BE IT WARRANTY, AGREEMENT, TORT INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL NOTION), EVEN IF NPROC HAS BEEN BRIEFED ABOUT SUCH POTENTIAL LOSSES. IN CASE ANY SOLUTION OUTLINED HEREIN DOESN'T MEET ITS INTENDED OBJECTIVE, NPROC’S CUMULATIVE RESPONSIBILITY STEMMING FROM OR IN RELATION TO YOUR UTILIZATION OF THE SERVICES AND THESE TERMS SHALL NOT EXCEED THE HIGHER OF (1) $20 USD; OR (2) THE TOTAL YOU'VE EXPENDED ON YOUR SUBSCRIPTION OVER THE LAST TWELVE (12) MONTHS.

12. Disclaimer

YOU ACCEPT SOLE RESPONSIBILITY FOR UTILIZING OUR PLATFORM. Nproc DELIVERS ITS SERVICES ON A “WITH ALL FAULTS” AND “AS OBTAINED” FOUNDATION. Nproc PROVIDES NO ASSURANCES, NEITHER CLEARLY STATED NOR IMPLIED, INCLUDING BUT NOT RESTRICTED TO THOSE OF SELLABILITY, SUITABILITY FOR A DISTINCTIVE FUNCTION, OR THE NON-VIOLATION OF PROPRIETARY RIGHTS.

Nproc, ALONG WITH ITS BRANCHES, ASSOCIATES, AND GRANTERS, CANNOT ASSURE THAT: (1) OUR SERVICES WILL OPERATE WITHOUT INTERRUPTION OR BE EXEMPT FROM ERRORS; (2) ALL FAULTS OR ERRORS WILL BE ADDRESSED; (3) OUR PLATFORM WILL BE FREE FROM MALICIOUS SOFTWARE OR OTHER THREATENING ELEMENTS; OR (4) THE OUTCOME FROM UTILIZING OUR SERVICES WILL ALIGN WITH YOUR ANTICIPATIONS.

13. Exclusions

Certain jurisdictions might not permit some of the exclusions of warranties or limitations of liability as laid out in the "LIMITATION OF LIABILITY" and "DISCLAIMER" sections. As a result, some of the aforementioned limitations may not be applicable to you.

14. Governing Law

The interpretation, validity, and performance of these Terms will be governed by and construed under the laws of California, United States. This is irrespective of any principles of conflicts of law. Should arbitration arise as detailed subsequently, it will be under the stipulations of the JAMS Rules.

15. Arbitration and Class Action Waiver

Should any disagreement, issue, or assertion (collectively, "Dispute") arise concerning your use of Nproc’s offerings, including the Service, it shall be determined by arbitration. Both you and Nproc concur that such Dispute will be conclusively settled through arbitration, carried out in English, presided over by JAMS according to its prevailing Comprehensive Arbitration Rules and Procedures (hereby integrated into this section for reference). A single arbitrator, consistent with JAMS Rules, will conduct the arbitration. The resulting arbitration award may be confirmed by any court possessing the necessary authority.

Arbitration pursuant to these Terms will be carried out on an individual capacity. The consolidation of arbitrations or any collective legal actions is expressly prohibited. By accepting these Terms, both you and Nproc mutually renounce any entitlement to a jury trial or to be part of any collective arbitration or lawsuit. Notwithstanding this agreement to arbitrate, both parties reserve the right to initiate a lawsuit in an appropriate court to seek interim or preventive relief while awaiting the arbitrator's final decision. If eligible, you may also present your Dispute in a "small claims" court, provided it remains on a singular, non-aggregated, and non-representative foundation.

All reasonable JAMS-related fees, including but not limited to filing, administrative, and arbitration costs, shall adhere to the JAMS Rules.

To reject and remain unaffected by the arbitration clauses outlined in these Terms, send a written declaration of your choice to nproc-support@ghs.tokyo or to the address provided in our Contact Us section within thirty (30) days from your Service registration or acceptance of these Terms. If this duration expires, you implicitly consent to resolve Disputes as stated in these Terms. If you choose to decline these arbitration clauses, Nproc will similarly not be governed by them.

16. Amendments

At our exclusive discretion, we hold the authority to update or alter these Terms, inclusive of any Additional Terms, whenever necessary. Your sustained utilization or engagement with our Service post any modifications signifies your acceptance of these updated terms. Should you find the updated terms unacceptable, your permission to use the Service stands revoked.

17. Waiver

Should we neglect to act upon or enforce any clause or right within these Terms, it shouldn't be perceived as a relinquishment of said clauses or rights. Even if a court determines a provision of these Terms to be unenforceable or invalid, the other stipulations will continue to stand.

18. Complete Contract

This set of Terms outlines the comprehensive understanding between you and Nproc concerning our Service. It takes precedence over and supersedes all previous understandings or contracts we may have previously shared in relation to the Service.

19. Continuance After Termination

Even after the termination of these Terms, any provisions that inherently ought to persist will continue to remain in effect. This includes, but is not limited to, clauses pertaining to property rights, disclaimers of warranties, compensation responsibilities, and liability limits.

20. Contact Us

Should you have inquiries regarding our privacy measures or this Privacy Policy, feel free to connect with us at:

TR-55 Inc. Shibuya-Fukuras 17F, 1-2-3 Dogenzaka, Shibuya-ku nproc-support@ghs.tokyo

Last revision date: September 15, 2023