ConstructTwin Service
These terms and conditions describe the items that users of the "ConstructTwin" service (hereinafter referred to as the "Service") provided by Synesthesias Corporation (hereinafter referred to as the "Company") are required to agree to when using the Service. Please use the Service upon agreeing to these Terms of Use. Please read these Terms of Use carefully before using the Service, as you are deemed to have agreed to these Terms of Use at the time of registration.
The definitions of terms used in this Agreement are as follows
Terms of Use: These Terms of Use shall apply to the Company and the User when the User uses the Service. When the Company posts on the Site explanatory notes, etc. (hereinafter referred to as "Individual Regulations") regarding the Service, they shall apply to the Company and the relevant User(s). In the event that the Company posts on the Site any explanatory notes regarding the Service (hereinafter referred to as "Individual Regulations"), they shall constitute a part of this Agreement, and in the event that they conflict with this Agreement, such Individual Regulations shall take precedence over this Agreement.
The Service: The service named ConstructTwin operated by the Company and provided through the website and smartphone application. The Service: The service named ConstructTwin operated by the Company and provided through the website and smartphone application, and its related services.
Website: The website on which the contents of the Service are posted.
Contents: A generic term for text, sound, still images, video, software programs, code, etc. provided on the Service (including information posted by users).
User: All persons who use the Service.
Registered User: A person who has completed user registration on the Site.
ID: A string of characters that a registered user uniquely possesses for use of the Service.
Password: A cipher set uniquely by the registered user in response to the ID
Personal information: A generic term for information that can identify an individual, such as address, name, occupation, telephone number, etc.
Registered information: Information registered by a registered user for use of the Service. This includes IDs, passwords, etc. (excluding posted information). (Excluding information submitted by users)
Intellectual Property: Inventions, devices, new varieties of plants, designs, works of authorship and other items produced by human creative activity (including laws or phenomena of nature that have been discovered or elucidated and have industrial applicability), trademarks, trade names and other items indicating goods or services used in business activities, and trade secrets and other items that may be used in business activities. technical or business information useful for business activities.
Intellectual Property Rights Rights pertaining to patents, utility model rights, breeder's rights, design rights, copyrights, trademark rights, and other rights provided by law regarding intellectual property or legally protected interests.
Posted information: Information uploaded by users using the features of the service. This includes 3D models, etc.
Subscription: The right to use the Service that a user purchases from the Company for a specified period of time.
Paid content: Functions of the Service for which the Company grants permission for use to the user by paying money by the user.
1. Users may use the Service only after agreeing to the Terms of Service.
2. A contract of use in accordance with the various provisions of these Terms of Use shall be established between the user and the Company when the user connects to the website of the Service or downloads an application to a smartphone or other information terminal and goes through the procedures for agreeing to these Terms of Use.
3. If the user is a minor, please obtain the consent of a person with parental authority or other legal representative before using the Service.
4. If a minor user uses the Service by falsely claiming to have the consent of a legal representative even though he/she does not have such consent, by falsely claiming to be of legal age, or by using other fraudulent means to make the user believe that he/she is of legal capacity, all legal acts related to the Service cannot be revoked.
5. If a user who was a minor at the time of agreeing to these Terms of Use uses the Service after reaching the age of majority, such user shall be deemed to have ratified all legal acts related to the Service.
1. The Company may revise the Terms of Use at any time without the consent of the user, and the user agrees to accept such revisions without objection. In the event that the Company changes the Terms of Use to the detriment of the user (except for minor changes), the Company shall give notice to the user and notify the user of the change. In the event that the Company changes these Terms of Use to the detriment of users (except for minor changes), the Company shall give notice to the users or post such changes on the Site. The revised Terms of Use shall take effect from the time the revised Terms of Use are posted on the Site.
2. The Company shall be deemed to have agreed to the changes in the Terms and Conditions if the user uses the Company's services after the notification in the preceding paragraph, or if the user has not withdrawn from the membership within the period specified by the Company (30 days from the date of notification if not specified).
1. Those who wish to join the Service (hereinafter referred to as "prospective members") must agree to the Terms and Conditions and apply for membership in the prescribed manner.
2. The person who has applied for membership becomes a registered user upon our acceptance of the application and completion of ID registration.
3. We will send notification of communication matters, advertisements, and other information to registered users via e-mail. Please understand this in advance.
4. We reserve the right to refuse an application for membership if any of the following conditions apply to the applicant. We may also cancel the membership or terminate the contract even after the applicant has joined the service.
5.
5.1. When a prospective member applies for membership without following the method specified by the Company.
5.2. If the prospective member has been previously terminated for violating these Terms of Use or any other terms of use stipulated by the Company.
5.3. When we deem that the applicant has registered by wrongful means.
5.4. When a prospective registrant has registered information that is not his/her own.
5.5. When the applicant or the corporation to which the applicant belongs is currently providing or will provide the same or similar service to this service.
5.6. When all or part of the registration information is false, erroneous, or omitted.
5.7. In the event that we deem the information to be inappropriate.
5.8. In the event of a change in the registered information, the user shall immediately follow the procedures for changing the registered information in accordance with our prescribed procedures. We shall not be liable for any damages incurred by the user due to failure to do so.
1. The user shall manage the information registered at the time of use (hereinafter referred to as "registered information"). 1. Users shall voluntarily register and manage the information they register for use (including e-mail addresses, IDs, passwords, etc.) at their own risk. Users shall not allow any third party to use, lend, transfer, change the name of, sell, or otherwise dispose of such information.
2. When the registered information is used for the Service, the Company may treat it as if it were used by the person who registered for the Service, and the person who registered for the Service shall be held responsible for any and all consequences and liabilities arising from such use.
3. In the event that the unauthorized use of registration information causes damage to the Company or a third party, the user shall compensate the Company and the third party for said damage.
4. Users shall manage their registration information under their own responsibility, and the Company shall not be liable for any disadvantage or damage incurred by users due to inaccurate or false registration information.
5. In the event that a user discovers that his/her registration information has been stolen or used by a third party, the user shall immediately notify the Company to that effect and follow the Company's instructions.
6. The Company shall not be liable for any damage incurred by the user due to insufficient management of the user's ID and password, errors in use, or unauthorized use of the user's ID and password.
Personal information and user information shall be handled appropriately in accordance with the "ConstructTwin Service Privacy Policy" separately stipulated by the Company.
When using this service, the Company prohibits the following acts by users. If the Company deems that a user has violated any of the prohibitions, the Company may temporarily suspend use of the Service, terminate membership, or take any other action deemed necessary by the Company.
1. Infringement of the intellectual property rights of the Company or a third party
2. Defaming, disgracing, discriminating against, or slandering the reputation or credibility of the Company or a third party.
3. Infringing or threatening to infringe the property of the Company or a third party
4. Actions that cause economic damage to the Company or a third party
5. Acts that are threatening to the Company or third parties.
6. Acts that specify or induce computer viruses or harmful programs.
7. Actions that place an excessive burden of stress on the infrastructure facilities for this service.
8. Attacks on the server, system, or security of this site
9. Accessing our service by a method other than the interface provided by the Company, or attempting to falsify information.
10. Actions in which a single user obtains more user IDs than are reasonably necessary.
11. An act by a user to upload the following information using our service
11.1. Information that may cause damage to the rights or property of a third party
11.2. Information that is harmful to a third party or physically or psychologically injures a third party
11.3. Information that constitutes criminal, illegal, or dangerous acts, or information that aids or abets such acts.
11.4. Information that is unlawful, harmful, threatening, abusive, racist, slanderous, defamatory, libelous, insulting, harassing, inflammatory, intended to cause offense, or information with content that may cause such results
11.5. Information that is intended to spread falsehoods.
11.6. Information for which the user does not have rights that can be controlled by the user
11.7. Information that infringes on intellectual property rights or other property rights, including copyrights of third parties, or infringes on public interest or personal rights
11.8. Information that is obscene, child pornography or child abuse
11.9. Information that violates laws and regulations such as the Medical Practitioners Act
11.10. Any other information that we deem inappropriate.
12. Any act that allows a person different from the person registered as a user to use the service.
13. Actions that violate laws and regulations, are related to crimes, or are offensive to public order and morals
14. Actions that violate the internal rules of the trade association to which the user belongs.
15. Actions that directly or indirectly cause or facilitate any of the aforementioned actions.
16. Actions that overlook or do not correct the user's conduct in each of the preceding items.
17. Other than the above, acts that we deem inappropriate.
1. In the event that the Company determines that any of the following items applies or is applicable to a user, the Company may, without prior notice, temporarily suspend use of all or part of the Service, delete registered or posted information, or take any other measures the Company deems necessary. The Company shall not be obligated to disclose the reasons for the above decisions. The Company shall not be obligated to restore any information deleted as a result of such action.
1.1. If any of the provisions of these Terms of Use is violated.
1.2. If any of the items of Article 4.4 is found to apply.
1.3. If the Company ceases to make payments or becomes insolvent, or files a petition for the commencement of bankruptcy, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or any other similar proceedings
1.4. When a bill or check drawn or accepted by the Bank is dishonored
1.5. If a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or auction is filed
1.6. When the company is delinquent in paying taxes and dues and is subject to a provisional seizure of such taxes and dues
1.7. In the event of dissolution or suspension of business
1.8. When we determine that there has been a significant change in the user's credit status
1.9. When there has been no use of the Service for 12 months or more
1.10. When there is no response to inquiries from the Company for 14 days or more
1.11 In addition, when our company judges that the use of this service is not appropriate.
2. In the event that any of the items in the preceding paragraph apply, or are deemed to apply by the Company, the User shall forfeit the benefit of time with respect to all debts owed to the Company, and shall immediately perform all debts owed to the Company.
3. In the use of Paid Content, even if a user is subject to suspension of use of the Service based on Paragraph 1, the user shall be obligated to pay the usage fees as long as this Agreement is in force.
4. In the event that the Company terminates this Agreement based on Paragraph 1 in the use of Paid Content, the User shall pay to the Company the usage fees corresponding to the period from the date of termination to the date of expiration of the scheduled contract period of this Agreement in a lump sum by the date of termination. If the user has already paid this fee, the Company shall not refund it.
5. The Company shall not be liable for any damages incurred by the user as a result of actions taken by the Company in accordance with this Article.
1. Users may use the contents of the Service only within the scope stipulated by the Company.
2. The Company retains the rights to all content provided by the Service, and does not license users to use or license the Company's patent rights, utility model rights, design rights, trademark rights, copyrights, or other intellectual property rights.
3. Users are prohibited from reproducing, transmitting, transferring (including sales between users), lending, translating, adapting, reprinting without permission, secondary use, commercial use, modifying, disassembling, decompiling, reverse engineering, etc. by any means beyond the scope of use specified by the Company.
4. Copyrights (including all copyrights including the rights stipulated in Article 21 through Article 28 of the Copyright Act) related to content (still images, video, textual information, and all other information) posted or otherwise transmitted by users on this service shall belong to the users. However, the user shall not be liable for any loss or damage arising from the use of the Content. However, at the time of transmission of the content, the user grants us permission to use said content free of charge and on a non-exclusive basis within the scope of the purpose for which we provide this service to the user.
5. The user shall not exercise any moral rights against us.
The Service has a function that allows users to add other users. The maximum number of users that can be added through this function is determined according to the type of service purchased by the user.
1. Paid content may be purchased for a portion of the Service for a fee. The amount of paid content, payment method, and other matters shall be determined separately by the Company and displayed on the Service or the Company's website.
2. The Company may change the price and content of free or paid content in the Service at its discretion.
3. In the event that a user delays payment of paid content, the user shall pay a late fee to our company at the rate of 14.6% per annum.
4. Paid Content is licensed only to the user himself/herself and to users added by the Service's functions.
5. We will not refund any Paid Content purchased by the user, except as required by law. The refund method and conditions for refunds based on laws and regulations shall be posted in a manner separately determined by the Company.
1. Users may use paid content only within the contract period. The contract period shall be determined separately by the Company and displayed on the Service or the Company's website.
2. With respect to Paid Content, unless the User notifies the Company of his/her refusal to renew the Agreement by the method prescribed by the Company by the day before the expiration date of the Agreement, the Agreement shall be renewed for the same period, and the same shall apply thereafter.
3. In the event that a user cancels this Agreement during the term of this Agreement for Paid Content, the user shall pay to the Company the usage fee corresponding to the period from the date of cancellation to the scheduled expiration date of this Agreement in a lump sum by the date of cancellation. If the user has already paid this fee, the Company shall not refund it.
4. If 30 days have passed since the end of the contract period and no new paid content has been purchased during that time, the Company may delete the registration information and posted information. The Company shall not be obligated to restore information deleted as a result of such deletion.
1. Although the Company will endeavor to manage posted information securely, users shall back up their posted information at their own risk in light of the fact that this service is an electromagnetic service using the Internet communication network, which inherently involves risks such as loss, alteration, or destruction of information. The Company shall not be liable for any damage incurred by the user due to failure to perform such backup, including restoration of transmitted information.
2. In the event that the Company determines that any of the following applies or is applicable, the Company may view, store, restore, delete, or disclose to a third party all or part of the transmitted information. The Company shall not be liable for any posted information that has been deleted, including the restoration of such information.
2.1. When we have obtained the consent of the user
2.2. When there is no response from the user within 7 days after we contact the user requesting consent for deletion, disclosure, etc.
2.3. When we receive an official request from a court, the police, or other public institution in accordance with laws and regulations.
2.4. When we are obligated to disclose the information in accordance with the law
2.5. When it is necessary to protect the life, body, or other important rights of the user or a third party
2.6. When it is necessary for operation, maintenance, or technical trouble shooting of this service
2.7. When there is a need similar to each of the above items.
3. Upon termination of this Agreement, regardless of the reason, the Company may delete posted information. 3. The Company shall not be liable for any posted information that has been deleted, including restoration of said information.
1. The Company does not warrant that the Service is accurate and complete; that it will operate permanently; that there are no errors, bugs, defects, or security flaws; that the use of the Service will not cause any problems or failures in the user environment; that it will not infringe on the rights of third parties; that it has the characteristics and performance expected by the user; that it is useful and compatible with the user's specific purposes; or that it conforms to the laws and regulations applicable to the user or the internal rules of any industry organization. (2) We do not guarantee that the Service will not have any bugs, defects, or security failures.
2. Although we will make commercially reasonable efforts to ensure that the data output and displayed through the use of the Service is accurate, we make no warranty as to accuracy. Users shall always check the contents of data output by using the Service in advance and use it based on their own responsibility.
3. The Company assumes no responsibility for any portion of the Service that relies on external services. In particular, the user acknowledges in advance that functions dependent on external services may become unavailable due to changes in specifications, malfunctions, or stoppages of external services.
4. The Company shall not be liable for any damages caused by changes in the contents, interruption, or termination of the Service.
5. The Company shall not be involved in, and shall not be liable for, the user's environment for using the Service.
6. The Company makes no warranty that the Service will be suitable for the user's specific purpose, that it will have the expected functions, commercial value, accuracy, or usefulness, that the user's use of the Service will conform to the laws and regulations applicable to the user or the internal rules of any industry organization, or that defects will not occur. 7. We do not guarantee that the Service will be fully compatible with all information and information services.
7. The Company does not guarantee that the Service is compatible with all information terminals, and the user acknowledges in advance that malfunctions may occur in the operation of the Service as a result of OS upgrades, etc. of the information terminal used for use of the Service. The Company does not guarantee that such defects will be resolved by the Company's modification of the program, etc. in the event of such defects.
8. Users shall acknowledge in advance that use of all or part of the Service may be restricted in accordance with changes in the terms of service and operating policies of service stores such as Google Play.
9. SOFTBANK TELECOM will not be liable for any damages incurred by the user directly or indirectly as a result of using the Service.
10. We shall not be liable for any loss of opportunity, business interruption, or any other damages (including indirect damages and lost profits) incurred by users or other third parties, even if we have been notified of the possibility of such damages in advance.
11. When we receive a request from another user or a third party to delete a posting, we may decide whether or not to delete it at our discretion, and we shall not be held responsible for any liability arising from such decision.
12. The provisions of Paragraph 1 through the preceding paragraph shall not apply in the event of intentional or gross negligence on the part of the Company, or in the event that the contract falls under the category of consumer under the Consumer Contract Act.
13. Even if the preceding paragraph applies, we shall not be liable to compensate for any damage arising from special circumstances among damages caused to users due to acts of negligence, excluding gross negligence.
14. If we are liable for damages in connection with the use of this service, we shall be liable for compensation up to the amount of usage received from the user in the month in which the relevant damages occurred.
15. We shall not be liable for any disputes and troubles between users and other users. In the event that a dispute arises between a user and another user, both parties shall be responsible for resolving the dispute and shall not make any claim against the Company.
16. In the event that a user causes damage to another user or a dispute arises with a third party in relation to the use of the service, the user shall compensate for such damage or resolve such dispute at the user's own expense and responsibility, and shall not cause any trouble or damage to the Company.
17. In the event that our company receives a claim for damages, etc. from a third party as a result of the user's actions, the user shall resolve such claim at the user's expense (attorney's fees) and responsibility. In the event that this company pays compensation for damages to said third party, the user shall pay all expenses (including attorney's fees and lost profits) including said compensation for damages to this company.
18. In the event that a user causes damage to our company in relation to the use of this service, the user shall compensate our company for the damage (including legal fees and attorney's fees) at the user's expense and responsibility.
19. We do not guarantee the accuracy of information posted by other users on the Service. The Company shall not be liable for any disputes or troubles regarding the information posted on the Service.
1. The Company may change, suspend, or terminate the Service at any time for business reasons, system overload, malfunction, or maintenance, enactment, revision, or abolition of laws and regulations, natural disasters, accidental accidents, power outages, communication failures, unauthorized access, or changes in specifications, malfunctions, or suspension of external services, or for other reasons. The Company shall not be liable for any damages incurred by users as a result of such changes, suspension, or termination.
2. We will endeavor to give a reasonable period of advance notice of any change, suspension, or termination as described in the preceding paragraph. However, this shall not apply in case of emergency or unavoidable circumstances.
3. Users agree without objection in advance that if the Service is terminated, they will lose all rights to use the Paid Content and will not be able to use said Paid Content thereafter.
4. In the event of termination of the Service for any cause, the Company shall not be liable for any damages incurred by the User or any third party resulting from such termination.
1. Users shall not transfer their positions in these Terms of Use, or their rights or obligations under these Terms of Use, in whole or in part, to any third party without the prior written consent of the Company.
2. The Company may transfer all or part of the Service to a third party at the Company's discretion, in which case all rights of the User pertaining to the Service, including the User's account, shall be transferred to the transferee to the extent of the rights transferred.
1. All intellectual property rights, etc. related to the Service shall belong to the Company.
2. The granting of the use of the Service as set forth in these Terms of Use does not grant any rights with respect to the Company's intellectual property rights, etc. related to the Service, except as expressly stipulated in these Terms of Use. Users may not use the Service in any manner beyond that which is planned for the Service.
3. Users shall not reverse engineer, decompile, disassemble, or otherwise attempt to analyze the Service.
Even if any provision of these Terms of Use or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms of Use and the remainder of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.
Any communication or inquiry by a user to the Company regarding the Service shall be made by sending a message via the inquiry form provided on the Service or on the website operated by the Company, or by any other method separately designated by the Company.
1. The validity, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the laws of Japan.
2. The Japanese language is the official language of these Terms and Conditions. Even if an English translation of these Terms and Conditions is prepared for reference purposes, only the Japanese original shall be deemed effective as a contract, and the English translation shall have no effect whatsoever.
3. The Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction over all controversies, lawsuits, and any other disputes between the Company and users, etc., depending on the amount of the suit.