JPEN

'inch by inch' by WebAR
Terms of Use

Mujuryoku Inc.
Enacted Feb 22, 2022

These Terms of Use (these “Terms of Use”) stipulate the terms of use of the Service and the rights and duties between us and users. Before using the Service, you must read and agree to the entire text of these Terms of Use.

1.Applicable Scope

  1. The purpose of these Terms of Use is to establish the terms of the Service and the rights and duties between us and Users relating to the use of the Services, and these Terms of Use apply to all relationships between us and Users relating to the use of Services.
  2. We may, at its discretion, create individual terms etc. for the Services. These individual terms etc. shall be posted on the Services and shall be applied as part of these Terms of Use. In cases where the content of these Terms of Use differs from any individual terms etc., the individual terms etc. shall prevail.

2.Definitions

The following terms used in these Terms of Use shall have the meanings ascribed to them below.

  1. “We”, “us”, “our” etc. means Mujuryoku Inc..
  2. “User” means an individual or corporation registered as a user of the Service pursuant to the provisions of Paragraph 3 (Registration) of these Terms of Use.
  3. “Service” means the application / service named “ ‘inch by inch’ by WebAR” provided by us (including the Service as changed if the name or content of the Service is changed for any reason).
  4. “Service Use Agreement” means a use agreement for the Service executed between us and a User under these Terms of Use.
  5. “Intellectual Property Rights” means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including rights to acquire such rights or to apply for registration etc. of such rights).
  6. “Posted Content” means content posted or otherwise transmitted by Users using the Service (including, but not limited to, photos, images, text, videos, and other data).

3.Agree to the Terms of Use

  1. In using the Service, the User must agree to these Terms and use the Service in compliance with these Terms.
  2. By using the Service, the User shall be deemed to have confirmed the contents of this Agreement and to have agreed to this Agreement (including agreement to the Company's handling of the User's information, including the User's personal information, in accordance with the Privacy Policy). If the user does not agree to these terms, the user shall be deemed to have agreed to them. If the user does not agree to these terms, please stop using the service.
  3. We may refuse registration or re-registration if a Registration Applicant falls under any of the following items, and we are not obligated to disclose the reason.
    1. Minors (under the age of majority under the private law of the country where the User resides);
    2. If we determine that the Registration Applicant is an antisocial force etc. (meaning an organized crime group, an organized crime group member, a right-wing group, an antisocial force, or any person equivalent to the foregoing; hereinafter the same) or cooperates with or is involved in the maintenance, operation, or management of any anti-social force etc. through the provision of funds or otherwise, or has any other kind of exchange or involvement with an antisocial force etc.;
    3. If we determine that the Registration Applicant has violated an agreement with us in the past or is a related person thereof;
    4. If we otherwise find that registration is inappropriate.

4.Prohibited matters

When using the Service, a User must not engage in any of the following conduct or conduct that we find to be applicable.

  1. Conduct that violates laws and regulations or conduct that relating to criminal conduct;
  2. Engaging in fraud or intimidation against us, other Users of the Service, or other third parties;
  3. Conduct that violates public order and morals;
  4. Conduct that infringes Intellectual Property Rights, portrait rights, privacy rights, name, or other rights or interests belonging to us, other Users of the Service, or other third parties;
  5. Sending through the Service, to us or other Users of the Service, information that falls under any of the following or that we find to be applicable:
    1. Information containing excessively violent or cruel expressions;
    2. Information containing computer viruses or other malicious computer programs;
    3. Information containing expressions that damage our name or credibility, or that of other Users of the Service or other third parties;
    4. Photographs or other information without the subject's consent;
    5. Information containing excessively obscene expressions;
    6. Information containing expressions that promote discrimination;
    7. Information containing including expressions that promote suicide or self-harm;
    8. Information containing expressions that encourage improper use of drugs;
    9. Information containing antisocial expressions;
    10. Information requesting the spread of information to third parties, such as chain letters; or
    11. Information containing expressions that cause discomfort to others.
  6. Conduct that places an excessive load on any network or system etc. of the Service;
  7. Reverse engineering or other analysis of software or other systems provided by us;
  8. Conduct that may interfere with the operation of the Service;
  9. Unauthorized access to any of our networks or systems;
  10. Impersonating a third party;
  11. Using the ID or password of another User of the Service;
  12. Promotion, advertising, solicitation, or business activities on the Service that we have not permitted in advance;
  13. Collecting information of other Users of the Service;
  14. Conduct that causes disadvantage, damage, or discomfort to us, other Users of the Service, or other third parties;
  15. Providing benefits to any antisocial force etc.;
  16. Conduct for the purpose of meeting unknown persons of the opposite sex;
  17. Conduct that directly or indirectly induces or facilitates any of the conduct of the preceding items;
  18. Attempting any of the conduct of the previous items; and
  19. Other conduct that we find to be inappropriate.

5.Suspension etc. of the Service

We reserve the right to suspend or interrupt the provision of all or part of the Service without notifying Users in advance in any of the following cases.

  1. When performing emergency inspection or maintenance of computer systems relating to the Service;
  2. If the Service cannot be operated because of failure, mis-operation, excessive concentration of access, unauthorized access, or hacking etc. with respect to computers or communication lines etc.;
  3. If the Service cannot be operated because of an earthquake, lightning strike, fire, storm or flood, power outage, natural disaster, or other force majeure; and
  4. If we otherwise determine that suspension or interruption is necessary.

6.Attribution of rights

  1. All Intellectual Property Rights relating to the Service belong to us or persons who have granted licenses to us, and the license to use the Service pursuant to these Terms of Use does not confer a license of Intellectual Property Rights relating to our website or the Service that belong to us or persons who have granted licenses to us.
  2. Intellectual Property Rights associated with Posted Content (including 3D data generated on the Service on the basis of Posted Content) belong to the User.
  3. Users shall grant us a license to copy, modify, publicly transmit, and otherwise use Posted Content free of charge to the extent necessary to provide the Service, including the generation of thumbnail images.
  4. Users agree not to exercise the moral rights of an author against us and persons who have succeeded or licensed rights from us.
  5. Users represent and warrant to us that they have lawful rights to post or otherwise transmit Posted Content, and that Posted Content does not infringe copyrights, portrait rights, or other rights of third parties.

7.Deletion of posted content, etc.

  1. If a User falls under any of the following items, without prior notice or warning, we may delete or hide Posted Content.
    1. When any of the items in 3.3 of this agreement apply;
    2. If any of the prohibited items in 4. of this agreement applies;
    3. If the User violates any of the provisions of these Terms.;
    4. In any other cases where the Company deems it inappropriate.;
  2. If a User falls under any of the items of the preceding paragraph, such User will forfeit the benefit of time as a matter of course with respect to all obligations owed to us and shall immediately pay all obligations owed to us.

8.Amendment and termination of the Service

We are entitled to modify or terminate some or all of the Service if it deems it necessary. We shall notify Users in advance when terminating the Service. We are not liable for any damage suffered by Users because of modifications or terminations.

9.No warranty; disclaimer

  1. Users shall use the Service at their own responsibility, and shall be fully liable for all conduct engaged in within the Service and the results thereof.
  2. If a User has directly or indirectly caused any damage (including attorney fees) to us through the use of the Service (including cases where we receive a complaint from a third party stemming from such use), such User shall immediately compensate for such damage as requested by us.
  3. We make no warranty to Users, whether explicitly or implied, that the Service is free of defects (including deficiencies, errors, and bugs relating to security etc., and infringement of rights of third parties), or with respect to safety, reliability, accuracy, completeness, efficacy, or fitness for a particular purpose. We are not obligated to Users to eliminate such defects when providing the Service.
  4. We will not be liable for any damage suffered by Users because of the Service, except for cases due to willful misconduct or gross negligence by us; provided, however, that if the agreement between Users and us relating to the Service is a consumer contract as stipulated in the Consumer Contract Act (“Consumer Contract”), with respect to liability for default or tort liability due to negligence (excluding gross negligence) by us, we will be liable for damages suffered due to paid portions of the Services to the extent of ordinary damage, up to the amount of the usage fee for the Service received from the User in the month when the damage occurred (provided that we will not be liable for damages due to lost profits or other special circumstances).
  5. If a User suffers damage because of gross negligence by us and if damage is suffered because of paid portions of the Service, we will be liable to the extent of ordinary damage (we will not be liable for damage due to lost profits or other special circumstances), up to the amount of the usage fee for the Service received from the User in the month when the damage occurred; provided, however, that the foregoing will not apply if the agreement between the User and us relating to the Service falls under a Consumer Contract.

10.Handling of User information

  1. Our handling of User information shall be in accordance with our separately stipulated Privacy Policy, and Users shall consent to our handling User information in accordance with the Privacy Policy.
  2. We reserve the right to use and publish at our discretion the information and data etc. provided to us by Users as statistical information in a non-personally identifiable form, and Users shall make no objection to such use or disclosure.

11.Changes to these Terms of Use etc.

We reserve the right to change these Terms of Use if we find it necessary. When changing these Terms of Use, we will notify Users of the time of enforcement and content of the changed Terms of Use by posting on the Service or other appropriate method. However, in the case of any change that requires the consent of Users in accordance with laws and regulations, the consent of Users shall be obtained by the method designated by us.

12.Contact and notice

  1. Inquiries about the Service and other communications or notifications from Users to us, and notifications regarding changes to these Terms of Use and other communications or notifications from us to Users shall be made in the manner specified by us.

13.Assignment etc. of status under these Terms of Use

  1. Users may not assign, transfer, pledge, or otherwise dispose of their status under these Terms of Use or any rights or duties under these Terms of Use to a third party without our prior written consent.
  2. In a case where the business relating to the Service is assigned to a third party, in conjunction with such business assignment, we can transfer our status under use agreements, rights and duties pursuant to these Terms of Use, and Users’ information and other User information to the assignee of such business assignment, and Users hereby consent to such assignment in advance. In addition, a business assignment specified in this paragraph shall include not only an ordinary business assignment but also a company split and any other cases where business is transferred.

14.Severability

Even if any provision of these Terms of Use or a portion thereof is found to be invalid or unenforceable in accordance with the Consumer Contract Act or other laws and regulations etc., the remaining provisions of these Terms of Use and remaining portions of provisions found to be partially invalid or unenforceable shall continue to be fully valid.

15.Governing law and jurisdiction

  1. The Japanese version of these Terms shall be the official version, and in case of any discrepancies between the Japanese version and its translation, the Japanese version shall govern.
  2. The laws of Japan shall be the governing law of these Terms of Use.
  3. The Tokyo District Court shall be the exclusive court of first instance with respect to all disputes arising from or relating to these Terms of Use.
End