1. In the event that the monthly occupancy rate (the ratio calculated by the formula below) of learningBOX (hereinafter, referred to as "Service") being used by a user (hereinafter simply referred to as "User"; the entire environment with one newly registered ID as the apex is regarded as one user) who uses the Service is less than 95% due to reasons attributable to TATSUNO JOHO SYSTEM K.K. (hereinafter, referred to as "We", "Us", "Our"), We shall reduce the amount equivalent to 15% of the usage charge (excluding the option fee included in the initial cost; the same applies below) for the current month of the User.
- Monthly occupancy rate = (total monthly occupancy time - cumulative failure time) / total monthly occupancy time × 100
- Total monthly operating hours = 720 hours (operating hours calculated with 30 days per month and 24 hours per day)
- Cumulative failure time = time that We recognize that the Service is in the state specified in any of the following items (hereinafter referred to as "Failure") continuously for three (3) minutes or more:
(i) A state in which the User cannot log in to the Service;
(ii) A state in which the User cannot access the Service at all;
(iii) A state in which the User cannot learn due to a serious bug in the Service; and
(iv) A state in which an attempt to link the system is being made using the API of the Service, but the system cannot be linked due to the Service.
2. In the event that the Service falls under any of the cases below due to reasons attributable to Us, We shall reduce the amount equivalent to 15% of the usage charge for the current month of the User:
(i) if the User is still unable to use the Service without any Failure within 48 hours from the time of occurrence of a Failure; and
(ii) if a Failure occurs during Our business hours, but We fail to post a document stating the occurrence of the Failure on Our website, or send an email to that effect to the User, within two (2) hours from the occurrence of the Failure.
3. The reasons attributable to Us as stipulated in the preceding two paragraphs are cases where all of the conditions below are met and the occurrence of the Failure is found to be due to/caused by our willful misconduct or negligence.
(i) If the Failure is due to an event in which Amazon Web Services (hereinafter referred to as "AWS") does not operate normally, the occurrence of the event is independent for each of its availability zones (hereinafter referred to as "AZ");
(ii) If the Failure is due to an event that AWS does not operate normally, the event does not occur beyond AZ; and
(iii) The network line required for the User to use the Service is operating normally.
4. The stipulations of paragraphs 1 and 2 shall not apply in the following cases:
(i) In case of interruption of provision of the Service due to regular maintenance;
(ii) In case of urgent maintenance of the Service;
(iii) In case of the User conducting the acts stipulated in the items of Article 8, Paragraph 2 of the Terms of Service;
(iv) In case of occurrence of a Failure in the Service due to a defect in the OS or middleware;
(v) In case of occurrence of a Failure in the Service due to a malfunction of the User's environment or the Internet environment, domain stop due to a malfunction of the DNS server, or any other malfunctions other than Our application used for the Service;
(vi) In case of occurrence of a Failure in the Service due to a malfunction of virtualization software;
(vii) In case of occurrence of a Failure in the Service due to an attack or obstruction from a third party;
(viii) In case of the User not being able to measure the duration of the Failure regardless of the cause;
(ix) In case of Failure to provide the Service due to fires, power outages, wars, civil wars, riots, disturbances, labor disputes or any other unavoidable reasons;
(x) In case of Failure to provide the Service due to earthquakes, eruptions, floods, tsunami or any other natural disasters; and
(xi) In case of when We have reasonably determined the necessity for the temporary interruption of the Service for operational or technical reasons, in addition to the reasons listed in the previous items.
5. Upon requesting a reduction pursuant to the stipulations of paragraph 1 or 2, the User shall report the fact to Us by the 15th day of the month following the month in which the Failure occurred, by means of the application form prescribed by Us. In this case, We shall conduct an investigation based on the report, and if the license fee should be reduced according to these stipulations, We shall reduce the amount thereof by deducting it from the amount billed for the license fee on and after two (2) months following the month in which the Failure occurred.