LEGAL
ZipUpp Terms and Conditions
These Terms and Conditions govern access to and use of ZipUpp, an AI-assisted recruitment and career service provided by Nagasaki Private Tours Co.,Ltd. A User must review and accept these Terms and our separately published Privacy Policy before using the Service.
1. Application
- These Terms apply to every individual and entity using the Service.
- Conditions and consent notices displayed for a paid feature, information sharing, recording, or another material action form part of these Terms.
- If feature-specific conditions conflict with these Terms, the feature-specific conditions control for that feature or transaction.
2. Users
- A Candidate is an individual who uses the Service for career exploration, job applications, or a related purpose.
- A Company is an entity or organization that uses the Service for job publication, Candidate review, or another recruitment purpose.
- A User means a Candidate or Company.
3. Eligibility
- The Service is available only to individuals who are 18 years of age or older.
- A person using the Service for an entity or organization represents that the person has authority to bind it to these Terms.
- We may refuse registration or use where reasonably necessary for legal compliance, security, enforcement of these Terms, or proper operation of the Service.
4. Accounts
- Users must provide accurate and current information and promptly update it when it changes.
- Users are responsible for safeguarding authentication credentials and must not permit unauthorized use of an account.
- A User must promptly notify us of suspected unauthorized use or compromised credentials.
5. Role of the Service
- The Service supports recruitment and career activities through information organization, comparison, communication, consent, and related assistance.
- Unless separately stated where required by law, we are not an employer, a Candidate's agent, a Company's agent, or the hiring decision-maker.
- Employment and other agreements are made directly between a Candidate and a Company, and we are not a party to them.
- Candidates and Companies remain responsible for final decisions concerning applications, interviews, hiring, and employment terms.
6. User responsibilities
- Users must ensure that submitted information is accurate, does not infringe third-party rights, and is not unlawful or materially misleading.
- Companies must comply with applicable employment, labor, anti-discrimination, advertising, and data-protection law and must not make an automatic hiring or rejection decision based solely on AI output.
- Companies are responsible for their Jobs, Company information, employment terms, and responses, and Candidates must independently review Jobs, Company information, and employment terms. We are not required to independently verify or substantiate information registered by a User.
- Users must keep originals or backup copies of resumes, work histories, recordings, and other important materials uploaded to or created through the Service.
7. Information sharing and anonymity
- Identifying information is handled according to the consent shown through the Service and applicable law. Anonymous profiles hide the Candidate's name, address, phone number, and email address. Past and current employers, education, and qualifications may be shown. Candidates can hide their current employer by selecting “Also hide my current employer while anonymous” in their profile. A combination of employers and career details may still allow someone to infer identity. Before expanding sharing, we obtain consent to the new scope rather than treating previous consent as acceptance of that scope.
- Users must not attempt to identify an anonymous User, circumvent anonymity, or make unauthorized contact.
- An expression of interest by one or both parties does not itself disclose names, contact details, or other identifying information.
- For material information sharing, we present the recipient, purpose, and scope and obtain any required separate consent.
8. Personal information and data
- We handle information in accordance with Japan's Act on the Protection of Personal Information, other applicable privacy and data-protection laws, and our Privacy Policy.
- We process information only as reasonably necessary to provide and secure the Service, comply with law, and fulfill purposes accepted by the User.
- Where recording, external AI processing, third-party disclosure, or cross-border transfer requires additional notice or consent, we provide it before the relevant action.
- After an account-deletion request, we may retain information for a reasonable period where required for legal, billing, audit, security, or dispute purposes.
9. AI-assisted features
- The Service may use AI to assist with information organization, comparison, questions, conversations, summaries, and related activities.
- AI-generated output may contain errors, omissions, or misunderstandings of context.
- We do not guarantee the experience, qualifications, identity, ability, or future performance represented by a User.
- AI output is not legal, employment, tax, medical, psychological, or other professional advice.
- AI comparisons, reports, questions, and conversations are only decision-support materials and do not replace a hiring, rejection, application, career, or other decision. Users must perform appropriate human review before making a material decision.
- Limitations, scope, and conditions separately displayed before an AI-assisted action supplement this Section.
10. Fees and payment
- Basic Candidate use is free unless otherwise stated in advance.
- Before a Company uses a paid feature, we display the price, currency, charging condition, and relevant scope and obtain confirmation from an authorized user.
- We automatically charge the Company's registered payment method at month-end or when accrued uninvoiced usage reaches the threshold shown in Billing settings. The standard threshold is JPY 300,000 or USD 3,000, with a warning at 80%.
- We may increase the limit one tier at a time after reviewing account verification, at least 90 days and three months of successful payments, payment failures, past-due balances and chargebacks in the last 90 days, utilization in the last three months, and other safety evidence. High-value, exceptional, or otherwise ineligible increases require individual review.
- An increase applies from the effective date shown in Billing after the change notice is sent to the billing contact.
- Paid use can continue after a successful interim payment. We may pause new paid actions if an interim invoice remains unpaid, the payment method is invalid, the account is past due, or another displayed usage condition applies.
- Taxes, invoices, refunds, and cancellations are governed by applicable law and the feature-specific conditions shown before execution.
- Users must pay valid charges through the specified method.
11. Prohibited conduct
- Violating law or third-party rights.
- Using the Service for fraud, harassment, unlawful discrimination, impersonation, or an illegitimate recruitment purpose.
- Gaining unauthorized access, bypassing security, distributing malware, or disrupting the Service.
- Scraping, collecting, reselling, or using the Service or its data without authorization.
- Except as expressly permitted by mandatory law, reverse engineering the Service, extracting source code or equivalent materials, analyzing non-public specifications, or using the Service to develop a competing product.
- Copying, disclosing, or misusing our non-public information, technology, operating methods, or intellectual property.
12. Intellectual property and non-public information
- Rights in the Service, software, brand, interfaces, documents, databases, non-public technical or operational information, and other materials belong to us or the applicable rights holder.
- These Terms do not assign or license intellectual property except for the limited right necessary to use the Service as intended.
- Users must not use our non-public information for any purpose other than authorized recruitment or career use.
13. Third-party services
- The Service may use external AI, cloud storage, email, payment, and other providers.
- We use reasonable care in selecting and managing providers but are not liable beyond the extent permitted by law for failures outside our reasonable control.
14. Suspension and termination
- A User may request account deletion through the method provided by us.
- We may limit or suspend use for a material breach, misuse, nonpayment, security risk, or legal requirement.
- Payment, intellectual property, non-public information, limitation of liability, dispute resolution, and provisions that by their nature should survive will survive termination.
15. Changes and interruptions
- Parts of the Service may be offered as Early Access or Beta, and features, availability, or conditions may change.
- We may change or temporarily interrupt the Service for maintenance, incidents, security, disasters, third-party failures, legal requirements, or another reasonable necessity.
- We use reasonable efforts to restore the Service but do not guarantee uninterrupted or error-free availability.
16. Disclaimers
- The Service supports recruitment and career activities. We do not guarantee any particular Job, Candidate, response, interview, offer, hire, continued employment, revenue, profit, cost saving, or other outcome.
- A Job, Candidate, or other opportunity displayed through a free or paid feature does not grant a User a future benefit or right. We do not guarantee against loss of an opportunity, recruitment or career delay, a decision not to use another option, or failure to achieve an expected outcome.
- We do not guarantee the accuracy, completeness, currency, or truth of Jobs, experience, qualifications, responses, employment terms, or other content supplied by a Company, Candidate, or other third party.
- We do not guarantee that interruption, modification, termination, communication failure, or data loss will never occur. Users must retain originals or backup copies of important materials.
- If an incorrect or duplicate charge is confirmed, our remedy is a refund or account credit of the incorrectly received amount, except where applicable law requires another remedy.
17. Limitation of liability
- This Section does not limit liability for our intentional misconduct or gross negligence, or liability that cannot lawfully be limited. However, this limitation does not apply to loss arising from death or personal injury caused by our willful misconduct or gross negligence.
- For loss caused by our ordinary negligence, liability is limited to actual, ordinary, and direct damages that are proximately caused by us and proved by objective evidence. A claimant must establish the loss, causation, amount, and reasonable mitigation efforts.
- To the maximum extent permitted by applicable law, we are not liable for lost profit, revenue, or income; lost recruitment, application, career, or other opportunity; recruitment or business delay; substitute-service cost; loss of goodwill or reputation; indirect, special, incidental, consequential, punitive, or speculative damages.
- Our aggregate liability for ordinary negligence arising from one event or a series of related events is capped at the amount actually paid to us by the claimant for the individual paid consultation directly affected by that cause.
- For a personal-data breach, security incident, or another event requiring reporting, notice, correction, refund, or compensation by law, we investigate the facts, causation, and objectively documented actual loss and respond as required by applicable law. This Section does not exclude a right or remedy that cannot lawfully be limited.
- Mandatory consumer and other non-waivable law controls to the extent it does not permit all or part of this Section.
18. Indemnification
A Company or other User acting in the course of business will indemnify us for reasonable loss, cost, and claims arising from that User's breach of these Terms, unlawful recruitment conduct, or infringement of third-party rights, except to the extent caused by us. This Section does not impose an obligation on a consumer that is prohibited by law.
19. Changes to these Terms and notices
- We may change these Terms in accordance with applicable law after considering the necessity and proportionality of the change.
- We provide notice of a material change before it takes effect through the Service, registered email, or another appropriate method.
- We obtain renewed consent where required by law.
20. Regional terms, governing law, and jurisdiction
- The Service is initially offered in Japan and the United States. Mandatory law, additional terms, or restrictions may apply based on a User's residence, location, and place of use.
- For a User residing or located in Japan, these Terms are governed by the laws of Japan, and the Nagasaki District Court has exclusive jurisdiction at first instance, except where mandatory consumer or other non-waivable law permits another court or procedure.
- For a User residing or located in the United States, these Terms do not limit rights under applicable mandatory U.S. federal, state, or local law. For all other matters, the Japanese governing-law and Nagasaki forum provisions in the preceding paragraph apply to the extent enforceable.
- If we introduce state-specific U.S. terms, arbitration, class-action treatment, or a United States forum, we will present a regional supplement identifying its scope before it applies.
21. Language
These Terms are provided in Japanese and English. If the versions differ, the Japanese version controls, except where mandatory law requires otherwise.
22. Operator and contact
- Operator
- Nagasaki Private Tours Co.,Ltd.
- Japanese legal name
- Nagasaki Private Tours株式会社
- Address
- Shibuya Dogenzaka Tokyu Building 2F-C, 1-10-8 Dogenzaka, Shibuya-ku, Tokyo 150-0043, Japan
- Inquiries
- info@zip-upp.com