Incident Lake Terms of Use

These Terms of Service (hereinafter referred to as the “Terms”) set forth the conditions governing the use of “Incident Lake” (hereinafter referred to as the “Service”), a cloud-based incident management platform provided by SIGQ Co., Ltd. (hereinafter referred to as the “Company”). Customers (whether corporations or sole proprietors) shall use the Service upon agreeing to these Terms. If you do not agree to these Terms, you may not use the Service.

1. These Terms and Conditions apply to all relationships between the Company and you arising from the use of this Service.

2. Our Privacy Policy, Security Policy, Data Processing Agreement (DPA), and other guidelines, as separately established by us, constitute part of these Terms and shall be applied in conjunction with these Terms. In the event of any conflict between these documents and these Terms, these Terms shall prevail unless otherwise expressly stated.

3. If a purchase order or separate agreement has been entered into between our company and the customer, such document shall take precedence over these Terms and Conditions to the extent that there is any conflict between them.

The definitions of terms used in these Terms and Conditions are as follows.

1. The term “Customer” refers to a corporation or sole proprietor that is a party to the contract for this Service (including any de facto contracting party).

2. "End User" refers to any natural person, such as an officer, employee, or contractor of the Customer, who uses the Service under the Customer's supervision.

3. "Customer Data" means incident data, alerts, logs, post-mortems, comments, knowledge base articles, and all other data and content uploaded, entered, transmitted, or generated by the Customer or end users through the Service.

4. "AI Output" refers to text, summaries, proposals, analysis results, and other outputs generated by the AI functionality built into this service through the processing of customer data and other inputs.

5. "General-purpose models" refer to machine learning and language models (including foundation models and fine-tuned models) that are provided to multiple customers or made publicly available.

6. The term "customized learning model" refers to a machine learning model built and fine-tuned using only a specific customer's data, and is dedicated exclusively to that customer. It is not shared with any other customers.

7. "Individual Learning Output" is a collective term referring to the weight parameters generated during the learning process of an individual learning model, the tuned model data, and the AI output generated by that model.

8. "ILC (Incident Lake Credit)" refers to the billing metric for AI processing volume as defined in Article 6.

9. "Sub-processor" refers to a third party to whom we entrust the processing of customer data.

10. "Confidential Information" refers to the information specified in Article 11.

11. "Intellectual property rights" refer to copyrights, patent rights, trademark rights, design rights, trade secrets, and other rights related to intellectual property.

This section clarifies our commitment regarding data usage to customers engaged in the highly confidential work of incident management. We undertake these obligations as legally binding commitments.

3.1 Prohibition on Using the Model for General-Purpose Training

1. We will not use your data for the training, fine-tuning, evaluation, or any other improvement or update of any general-purpose model (including models we provide to third parties, models shared by multiple customers, and models we make publicly available). This prohibition is unconditional and absolute, and cannot be waived even with your prior consent.

2. The prohibition set forth in the preceding paragraph applies equally to processing entrusted to AI model providers (as defined in Article 3, Paragraph 4). We will enter into contractual provisions with subprocessors that receive Customer Data explicitly prohibiting the use of such data for training general-purpose models.

3.2 Application to Individualized Learning Models

1. Notwithstanding the prohibition set forth in the preceding paragraph, we may use a customer’s data for the purpose of building, improving the accuracy of, and optimizing a personalized learning model specific to that customer. This processing will be carried out only if all of the following conditions are met:

   ・If the customer has explicitly opted in to the use of the personalized learning model in the order form or in a separate document

   ・When the purpose of building the personalized learning model, the scope of the target data, and the retention period have been presented to the customer in advance and approved

   ・When we are implementing the isolation measures specified in the following section

2. You may withdraw your consent (opt out) from the use of the personalized learning model at any time. The withdrawal will take effect prospectively, and the learning process will be suspended from the time of withdrawal. Requests for withdrawal must be made through the settings in the admin panel or via a written notice in the format specified by us.

3.3 Strict Isolation of Individual Learning Models

1. The personalized learning model and personalized learning outputs belong exclusively to the customer in question and are provided solely for the customer’s use. We will not engage in any of the following actions:

   ・Sharing individual learning models or individual learning outputs with third parties (including other customers)

   ・Adapting individual learning models for use in improving generic models or shared features for other customers

   ・Using individual learning outputs for our research and development without the customer’s prior written consent

2. We manage the data storage and model parameters for individual learning models by physically or logically isolating them from other customers' data. Access to individual learning models is restricted to those within our company who require it for business purposes, and we maintain access logs.

3. Upon termination of the contract or after you opt out of the personalized learning model, we will securely delete a copy of your personalized learning model and the associated learning data within 30 days. Once the deletion is complete, we will issue a deletion certificate upon your request.

3.4 Outsourcing to Third-Party AI Model Providers

1. The AI features of this Service are provided using APIs from OpenAI, Anthropic, Google, and other generative AI model providers (hereinafter referred to as “AI Model Providers”). Customer data may be transmitted to these providers’ infrastructure for AI processing.

2. We have contractually confirmed with the AI model providers we use that they will not use data received via API to train their own general-purpose models. However, should any provider change its policy, we will promptly notify our customers.

3. As a general rule, we will notify customers of the AI model providers we use and any changes thereto at least 30 days in advance. Customers have the right to raise reasonable objections to such changes. An up-to-date list of the AI model providers currently in use is always available on our website.

3.5 Use of Anonymized and Aggregated Data

1. Notwithstanding the prohibitions and restrictions set forth in the preceding paragraphs, we may use data that has been completely anonymized and aggregated to a level where it is technically impossible to attribute it to specific customers for the purposes of improving the quality of the Service and for research.

2. The criteria for anonymization and aggregation shall comply with the requirements of the Act on the Protection of Personal Information and other applicable laws and regulations, in accordance with the data anonymization standards separately established by the Company. We will explain the methods of anonymization and aggregation upon request.

3.6 Audits and Compliance

1. Customers may request a written explanation from us regarding our compliance with this section once a year. We will respond within 30 days of receiving such a request, to the extent reasonably possible.

2. If you have reasonable grounds to suspect a violation of this provision, you may request a compliance review by a third-party audit firm under our reasonable terms and conditions. The audit costs shall be borne by us if a violation is confirmed, and by you if no violation is confirmed.

3. If it is determined that we have violated this section, we will promptly notify you, take measures to prevent further damage, and implement corrective actions. If a material violation is confirmed, you may immediately terminate these Terms.

1. You may use this Service by registering an account in accordance with the procedures established by us. When registering, you must provide true and accurate information.

2. You are responsible for strictly managing your account credentials (such as your ID and password) at your own risk. We will treat all actions taken using valid credentials as your own actions.

3. You are responsible for managing and supervising end users to ensure their compliance with these Terms. Any violation of these Terms by an end user shall be deemed a violation by you.

4. If you become aware of any unauthorized use of your account or any security issues, you must notify us immediately.

5. The following individuals are not permitted to use this service.

   ・Any person whose account has been suspended or whose contract has been terminated in the past due to a violation of these Terms of Service

   ・Persons prohibited from using this Service under Japanese law or applicable foreign laws and regulations

   ・Persons who fall under the category of antisocial forces (as defined in Article 17)

1. The fees for this service will be determined based on a quote provided by us in advance and the agreed-upon purchase order, and will consist of a flat fee and a usage-based fee commensurate with the scale of your business.

2. The usage fees specified in the preceding paragraph shall be calculated based on the following billing criteria.

   (1) Number of registered services: The number of microservices or systems registered with this service

   (2) Number of incidents processed: The total number of incidents captured by this service and analyzed

   (3) AI Processing Volume (ILC): The number of AI actions processed and the amount of resources consumed, based on the calculation standards established by the Company (as set forth in the following article)

   (4) Data Retention Period: Retention Period for Incident History and Knowledge Base

   (5) Professional Services: Scope of Implementation and Adoption Support

3. The Customer shall pay the fees specified in the applicable purchase order or quotation using the payment method designated by us.

4. If payment is not received by the due date, we reserve the right to charge you a late payment penalty at an annual rate of 14.6%.

5. We reserve the right to revise our fees upon 60 days’ prior written notice if there are reasonable grounds for doing so, such as changes to the content of our services, fluctuations in infrastructure costs, or modifications to generative AI models.

1. The amount of AI processing in this service is measured using our single billing metric, "ILC (Incident Lake Credit)," which abstracts raw resource consumption.

2. The specific conversion logic and consumption standards for ILC (such as the number of tokens per ILC and weighting) are subject to change due to modifications to the generative AI models that comprise this service or updates to internal processing logic; therefore, they shall be specified in separate quotations, purchase orders, or guidelines provided by us.

3. Based on the total amount of ILC consumed, customers will be charged either the amount up to the plan’s pre-set limit, as specified in the preliminary estimate, or the pay-as-you-go fee for any amount exceeding that limit.

4. You can check your ILC usage in near real time via the service's management console. However, please note that there may be discrepancies between the displayed usage and your actual usage due to system delays or other factors.

5. If we change the ILC conversion standards, we will notify customers at least 30 days in advance. However, this does not apply in cases where urgent action is required due to factors such as changes in fees charged by AI model providers; in such cases, we will promptly notify customers of the reason and the details of the change.

6. If you exceed your ILC limit, we will apply pay-as-you-go billing without suspending your service. However, this does not apply if you have selected the "suspend upon excess" option on your order form.

7.1 Ownership of Data

1. All intellectual property rights and ownership of Customer Data belong to the Customer. We will not use Customer Data for any purpose other than those specified in these Terms.

2. You grant us a non-exclusive, royalty-free license to process, store, reproduce, and display your data to the extent necessary for the provision, improvement, and support of the Service. This license shall terminate upon the termination of the Agreement, except for the period necessary to process the deletion of such data.

7.2 Purposes of Data Processing and Restrictions on Use

We use customer data solely for the following purposes.

• Providing, maintaining, and offering technical support for this service

• Security monitoring, detection of unauthorized use, and troubleshooting for this service

• Development and Improvement of Individualized Learning Models When the Conditions Set Forth in Article 3, Paragraph 2 Are Met

• Response to Disclosure Requests Based on Laws, Regulations, or Orders from Courts or Administrative Agencies

• Other purposes, provided we have obtained the customer’s prior written consent

We will not use customer data for the following purposes (this is also stated here to clarify the relationship with Article 3).

• Training and fine-tuning of general-purpose models (including third-party models, models shared among multiple customers, and publicly available models)

• Providing Information to Our Customers' Competitors

• Use in Advertising and Marketing

7.3 Data Segregation and Protection

1. We manage customer data by logically separating it from other customers' data.

2. We apply industry-standard security measures to customer data, including encryption during transmission and storage, as well as access controls.

7.4 Data Retention and Deletion

1. We will retain your data for the retention period specified in the order form. Upon expiration of the retention period, we will securely delete the relevant data in accordance with our data deletion policy.

2. Within 30 days of the termination of the Agreement, you may request the export of your data via the admin console or API. After this period has elapsed, we reserve the right to delete your data.

3. You may request the deletion of your data at any time via the admin panel. Upon receiving such a request, we will delete your data, including any backups, within 30 days. However, this does not apply if we are required by law to retain the data.

7.5 Subprocessors

1. In providing this service, we may entrust the processing of customer data to subprocessors such as cloud infrastructure providers (e.g., AWS, Google Cloud), AI model providers, and log and monitoring service providers.

2. We will enter into agreements with our sub-processors that impose obligations regarding the protection of customer data equivalent to those set forth in these Terms (including the prohibition on training the general-purpose model specified in Article 3).

7.6 Data Portability

1. During the term of the agreement and for 30 days following its termination, you may export your data in a machine-readable format, such as JSON or CSV, using the API or export feature provided by us.

7.7 Responding to Data Breaches

1. If we become aware of a security breach involving customer data, we will notify customers without delay to the extent required by law.

2. The notification will include a summary of the known facts, the types and approximate volume of affected data, an overview of the corrective measures taken, and contact information for further inquiries.

8.1 Overview of AI Features

This service provides AI features, including the following.

• Automated incident classification, prioritization, and assignment of responsible personnel

• Automated Generation and Recommendations for Incident Response Procedures

• Search for similar past incidents and support for root cause analysis

• Automatic generation of incident reports and post-mortems

• Tagging and summary generation for the knowledge base

• Alert Noise Suppression and Correlation Analysis

• An interactive interface (chat-based Q&A feature) where end users can ask questions or make inquiries about incidents using natural language, and AI provides the answers

AI features consume ILC. Estimated ILC consumption for each feature is provided in the guidelines supplied separately.

8.2 Nature of AI Output and Disclaimer

1. AI output is generated based on statistical probabilities and does not guarantee accuracy, completeness, or timeliness. Customers should use AI output for reference purposes only and must always rely on human judgment and verification when making important decisions.

2. We shall be liable for any errors or inaccuracies in AI output, or for any damages arising from your decisions based on such AI output, only to the extent permitted under Article 16 of these Terms.

3. You acknowledge that we do not warrant that the AI output does not infringe on the intellectual property rights of third parties, and you are solely responsible for complying with applicable laws and regulations.

8.3 Input Data Quality and Prohibited Items

1. Customers shall not enter personal information or highly sensitive personally identifiable information (such as My Number, passport numbers, or credit card information) into the AI features.

2. You may not use the AI features for purposes such as generating illegal content, creating malware, defaming specific individuals or organizations, or carrying out prompt injection attacks designed to deceive the AI system.

1. We implement technical and organizational security measures in accordance with industry standards and strive to ensure the confidentiality, integrity, and availability of our customers' data.

2. If we discover a security vulnerability in this service, we will take corrective action within a reasonable period of time.

3. Customers are responsible for maintaining the security of their own systems and network environments.

4. If you discover a security issue, you must promptly report it to our designated security contact ( info@sigq.co.jp ).

5. We conduct regular security audits and penetration tests. Customers may request a third-party security audit once a year, subject to our reasonable terms and conditions.

1. All intellectual property rights relating to the software, algorithms, user interface, documentation, trademarks, logos, and all other elements comprising this Service belong to the Company or to third parties that have granted licenses to the Company.

2. The ownership of copyright and other rights in AI output shall be governed by applicable laws and regulations. We grant you a non-exclusive license to the rights in the AI output that belong to us.

3. If a customer provides us with feedback, suggestions for improvement, or ideas, we shall be free to use such feedback, etc., without any additional compensation.

1. Neither our company nor the customer (hereinafter referred to as the “Receiving Party”) shall disclose or divulge to any third party, without the prior written consent of the other party (hereinafter referred to as the “Disclosing Party”), any information disclosed by the Disclosing Party that the Disclosing Party has expressly designated as confidential, or any information that can reasonably be deemed confidential based on the circumstances of its disclosure (hereinafter referred to as “Confidential Information”), nor shall either party use such information for any purpose other than those set forth in these Terms.

2. The following information is not confidential.

   ・Information that was already in the public domain at the time of disclosure

   ・Information independently developed by the receiving party (without using the disclosing party’s confidential information)

   ・Information obtained from a third party with legitimate authority without any obligation of confidentiality

   ・Information that must be disclosed pursuant to laws, regulations, or orders from public authorities (in such cases, the receiving party shall notify the disclosing party in advance to the extent possible)

3. The receiving party may disclose Confidential Information only to officers, employees, and contractors who have a business need to know such information, and shall impose obligations equivalent to those set forth in this Article upon such persons.

4. The confidentiality obligations set forth in this Article shall survive for a period of three years following the termination of these Terms. However, with respect to confidential information that constitutes a trade secret, such obligations shall remain in effect until such information ceases to qualify as a trade secret.

When using this service, customers must not engage in the following activities.

1. Reverse engineering, decompiling, disassembling, or analyzing the source code of this service

2. Reproduction, modification, adaptation, or creation of derivative works of all or part of this service

3. Reselling, redistributing, sublicensing, or providing this service to third parties (whether for a fee or free of charge)

4. Use for the purpose of developing services that compete with this Service without our prior written consent

5. Any actions that place an excessive load on the infrastructure of this service (such as DoS attacks or automated scraping)

6. Unauthorized access, hacking, or circumvention of the security features of this Service

7. Unauthorized access to other customers' or end users' data

8. Sharing the login credentials for this service with a third party

9. Acts that violate applicable laws and regulations (such as the Personal Information Protection Act, the Unfair Competition Prevention Act, and the Copyright Act)

10. Any act that defames or damages the reputation or credibility of our company or a third party

11. Any other conduct that we reasonably deem inappropriate

If you violate any of the prohibited acts, we may suspend your use of the Service or terminate the Agreement without prior notice. In such cases, you may not seek compensation for damages or a refund of fees already paid from us on the grounds of the suspension or termination.

1. We reserve the right to modify the features and specifications of this service for reasons such as technical improvements, security measures, and legal compliance. As a general rule, we will provide 30 days' notice for any significant changes to features.

2. We may temporarily suspend this service after providing advance notice for system maintenance. In cases where urgent security measures are required, we may provide notice after the fact.

3. If we decide to discontinue this service, we will notify you at least 90 days in advance. Upon discontinuation, we will assist you in exporting your data.

1. These Terms and Conditions shall remain in effect from the date of your account registration until the expiration date specified in the order form. Unless we receive notice of cancellation at least 30 days prior to the expiration date, the agreement will be automatically renewed under the same terms and conditions.

2. You may terminate these Terms and Conditions by providing written notice 30 days in advance. However, any fees already paid will not be refunded.

3. We may terminate these Terms and Conditions by providing 14 days' notice (or immediately in the case of Item 4) if any of the following events occur.

   ・If the customer commits a material breach of these Terms and fails to remedy such breach within 14 days of receiving notice

   ・If a customer fails to make payment and does not pay within 14 days of receiving a payment reminder

   ・If the customer files for or is subject to bankruptcy, civil rehabilitation, corporate reorganization, or similar proceedings

   ・If the customer materially violates the prohibited acts set forth in Article 12 of these Terms and Conditions

4. Upon termination of the Agreement, we will suspend access to your account. The rights and obligations regarding data export and deletion set forth in Section 7, Paragraph 4 shall survive the termination of the Agreement.

1. We provide this Service "as is." To the fullest extent permitted by law, we make no warranties, express or implied, regarding the merchantability, fitness for a particular purpose, or non-infringement of rights of this Service.

2. We are not liable for the following:

   ・Issues caused by the customer's system or network environment

   ・Outages caused by the acts or omissions of third parties (such as AI model providers or cloud infrastructure providers)

   ・Service interruptions caused by force majeure, such as natural disasters, acts of terrorism, or infectious disease outbreaks

   ・Damages resulting from a customer’s violation of these Terms and Conditions

   ・Damages resulting from inaccuracies or incompleteness in AI output

1. Under no circumstances shall our aggregate liability for damages exceed the total amount of usage fees paid by you to us during the 12-month period ending with the month in which the event giving rise to the claim occurred.

2. We shall not be liable for lost profits, lost opportunities, loss or damage to data, business interruption, loss of reputation, or any special, indirect, or consequential damages, even if we have been notified in advance of the possibility of such damages.

3. The limitations set forth in the preceding two paragraphs shall not apply to damages resulting from our intentional acts or gross negligence, or to matters for which such limitations are not permitted by law.

1. The Customer hereby represents and warrants that, both currently and in the future, the Customer is not a member of, or affiliated with, any organized crime group, organized crime group member, quasi-member of an organized crime group, enterprise associated with an organized crime group, corporate extortionist, thug posing as a social activist, specialized intelligence-based violent group, or any other similar entity (hereinafter referred to as “Antisocial Forces”), and that the Customer does not have any relationship with such Antisocial Forces.

2. If you breach the representations and warranties set forth in the preceding paragraph, we may immediately terminate these Terms without prior notice. In such cases, you may not seek damages from us or a refund of any usage fees already paid on the grounds of termination.

1. We may amend these Terms and Conditions for reasonable causes, such as the enactment, amendment, or repeal of laws and regulations; the addition or modification of features in this Service; or changes in social conditions or the technological environment.

2. We will notify you of any significant changes by sending an email to your registered email address or via an in-app notification at least 30 days prior to the effective date. For minor changes, we may provide notice by posting the information on our website.

3. If you do not agree to the revised Terms of Service, you may cancel your subscription before the effective date of the changes. If you continue to use the Service on or after the effective date of the changes, you will be deemed to have agreed to the revised Terms of Service.

1. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified or severed to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

2. These Terms (including the Order Form, DPA, Privacy Policy, and any other ancillary documents established by the Company) constitute the entire agreement between you and the Company regarding the use of the Service and supersede any prior oral or written agreements or understandings regarding the same matters.

1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.

2. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance for any and all disputes arising from these Terms and Conditions.

3. The Company and the Customer shall attempt to resolve any disputes through good-faith negotiations before proceeding to litigation.