These Terms of Service (hereinafter referred to as “Terms”) set forth the terms and conditions for the use of ‘mixpace,’ an automatic data conversion solution compatible to be used with HoloLens or iPad (hereinafter referred to as "Service"), provided by HoloLab Inc. (hereinafter referred to as “HoloLab”). These Terms shall apply to all User and the Applicant (defined in Article 2 hereof) of the Service. Subscriber is encouraged to read these Terms before using the Service. The Subscriber may not use the Service unless it has consented to these Terms.
Article 1 (Applicable Scope）
1.1. These Terms set forth rights and obligations between HoloLab and the Subscriber regarding the conditions for the provision and the use of the Service (regardless of the type of terminals to be used for the Service such as PC and mobile devices, and the type of applications or systems such as website, applications for smartphone, platform, and operating system), and shall apply to any and all relations between the Subscriber and HoloLab.
1.2. If HoloLab posts separate or additional provisions concerning the Service (hereinafter referred to as "Additional Provisions”) on the screen used for the Service or the HoloLab’s Website, or HoloLab sends the Additional Provisions to the Subscriber by e-mail or the like, such Additional Provisions shall also constitute a part of these Terms, and if the Additional Provisions conflicts with these Terms, such Additional Provisions shall prevail.
Article 2 (Definition)
The following terms used herein shall have the meanings set forth below.
(1) “HoloLab’s Website” means a website operated by HoloLab on which the Service is provided.
(2) “Applicant” means an individual who wishes to register for the use of the Service.
(3) “Subscriber” means an individual or a corporate who has registered as a user of the Service in accordance with Article 4 hereof.
(4) “Account User” means an individual who has been authorized by the Subscriber to use the Service in a manner prescribed by HoloLab.
(5) “User” means a collective term that refers to the Account User and the Subscriber.
(6) "Service App" means software application which is separately provided by HoloLab and is dedicated to the use of the Service.
(7) "Content" means any and all information which the User may access on the Service or the HoloLab’s website (including, but not limited to, texts, images, movies, datasets, design drawings, models, and other data)
(8) “User Content” means the Content that the User posts, records, uploads, or sends on the Service and other documents to be provided by the User to HoloLab which is necessary for the performance of the Service.
(9) “Remote Rendering” means a feature rendering the data converted by the User using the Services on the cloud and delivering the converted image to the Service App.
(10) "Conversion" means the conversion of the User Content into data compatible with AR/MR on the Services by the User.
(11) “Intellectual Property Rights” means all and any patent rights, utility model rights, trademark rights, design rights, copyrights (including rights under Section 27 and Section 28 of the Japanese Copyright Act), and other intellectual property rights (including rights to apply for obtaining those rights and to register, renew or extent those rights), and rights concerning ideas and know-how under any countries, states, regions, and jurisdictions.
(12) “Anti-Social Forces” means an organized crime group, a related company of an organized crime group, a corporate racketeer, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities, crime groups specialized in intellectual crimes, and other organizations conducting antisocial activities or its members.
(13) "Laws and Regulations" means general terms of laws, cabinet orders, notices, rules, orders, directives, guidelines, and other rules.
Article 3 (Amendment)
3.1 If HoloLab deems it necessary to do so, HoloLab may amend these Terms provided that:
(1) the amendment of these Terms conforms to the general interest of the User, and
(2) the amendment of these Terms does not run afoul of the purpose of these Terms and is reasonable considering the circumstances of such amendment, including but not limited to, the necessity of amendment or the appropriateness of the details of the amendments.
3.2 In the case referred to in the preceding paragraph, HoloLab will post the fact that it will amend these Terms, the amended contents, and the effective date of the amendment on the HoloLab’s Website or the Service or will notify the User thereof by electromagnetic means such as e-mail, no later than two (2) weeks prior to the date when such amendment becomes effective.
3.3 In addition to what is provided for in the preceding two (2) paragraphs, HoloLab may amend these Terms with the consent of the User in a manner specified by HoloLab.
Article 4 (Registration)
4.1 The Applicant may apply to register as the Subscriber on the condition that the Applicant agrees to comply with these Terms and provides HoloLab with certain information required by HoloLab (“Registered Information”) in a manner specified by HoloLab.
4.2 If the Applicant falls under any of the following items, the Applicant may not apply to register as the Subscriber as prescribed in the preceding paragraph. Furthermore, if the Applicant falls under any of the following items during the terms of these Terms, the Applicant must immediately notify thereof to HoloLab. Moreover, if HoloLab determines that the Applicant falls or is likely to fall under any of the following items, HoloLab may refuse the registration without giving prior or ‘after-the-fact’ notice to the Applicant. HoloLab has full discretion of not disclosing the reasons for the rejection of the registration to the Applicant.
(1) the Applicant does not meet the requirements for registration stipulated in this Article or those prescribed by HoloLab;
(2) the Registration Information provided by the Applicant is found to be false, inaccurate, or omitted in whole or in part;
(3) the Applicant is or was a member of the Anti-Social Forces or has interaction or involvement with an Anti-Social Forces;
(4) the Applicant has violated an agreement with HoloLab and/or the Applicant has violated other agreements with HoloLab, the Applicant has been rejected or revoked the registration for the use of the Service or other services of HoloLab, or the Applicant falls under the category of relevant person hereof;
(5) the Applicant engages or is likely to engage in conduct that breaches these Terms; or
(6) in the circumstances that HoloLab determines that the registration by the Applicant is inappropriate.
4.3 HoloLab will, at its sole discretion, determine the acceptability of the registration of the Applicant and if HoloLab accepts such registration, HoloLab will notify the Applicant thereof. Registration by the Applicant shall be deemed to have been completed upon HoloLab providing the notification set forth in this paragraph to the Applicant, and HoloLab shall grant the Applicant ID and password concurrently with the completion of registration.
4.4 Upon the completion of the registration by the Applicant as prescribed in the preceding paragraph, a service agreement according to the provisions hereof (hereinafter referred to as "Service Agreement") shall be deemed to have been concluded between the Applicant and HoloLab, and the Applicant as the Subscriber may use the Service in accordance with the manner specified by HoloLab to the extent of the purpose of these Terms and that the Subscriber does not breach these Terms.
4.5 The Subscriber may grant its officers and employees or/and third parties an account for the Service as the Account User up to a maximum number of users as specified by HoloLab.
4.6 The account of the Account User as prescribed in the preceding paragraph shall be expired upon the termination of the Service Agreement between HoloLab and the Subscriber.
4.7 The Subscriber shall be liable for any damage incurred by HoloLab as a result of the acts engaged by the Account User. Moreover, in the event that the Account User violates these Terms, the Subscriber shall also be deemed to have violated these Terms.
Article 5 (Service Fee)
5.1 The Subscriber shall pay HoloLab the usage fee for the Service in accordance with the service plan as specified by HoloLab. The Service’s usage fee, settlement methods, and other matters shall be separately determined by HoloLab, and HoloLab shall post thereof on the screen used for the Service or on HoloLab’s website or notifies thereof to the Subscriber.
5.2 HoloLab may authorize a sales agent or a third party designated by HoloLab (hereinafter collectively referred to as, “Sales Agent”) to receive the Service’s usage fee on behalf of HoloLab. In such a case, the Sales Agent shall separately specify and notify the Subscriber regarding the Service’s usage fee, settlement method, and other matters.
5.3 HoloLab shall appraise and calculate the amount of pay-per-use service features on the Service being used in a month (excluding mRR as defined in Article 10.1, Pay-Per-Use as stipulated in Article 10.1 hereof, the same shall apply hereinafter). If the usage of a pay-per-use service feature exceeds the use limit contracted in a separate agreement, HoloLab shall charge the Subscriber for the usage of such pay-per-use service features in a manner separately specified by HoloLab. In general, the appraisal and calculation of pay-per-use service features shall start from 0:00 am on the first (1st) day of each month.
5.4 In the event that the Subscriber delays making payment for the Service’s service fee, the Subscriber shall pay HoloLab late payment charge at a rate of fourteen-point six percent (14.6 %) per annum.
5.5 Except as otherwise stipulated herein, HoloLab shall not respond to any request for a refund of the Service’s usage fee paid by the Subscriber to HoloLab for any reason, and the Subscriber shall acknowledge thereof in advance.
Article 6 (Use of the Service)
6.1 As part of the Service, HoloLab shall provide the User with the environment for the User to perform the Conversion, and if the User is authorized to use the Remote Rendering pursuant to the Service Agreement, then HoloLab shall provide the environment for the User to use the Remote Rendering.
6.2 The User shall use the Service in accordance with these Terms and the terms conditions or instruction manual for the Service separately specified by HoloLab.
6.3 The Subscriber shall only use the Service as being provided by HoloLab and shall not duplicate, modify, alter, revise, or adapt the Service.
Article 7 (Conversion of the User Content)
7.1 The User may perform the Conversion on the Service, and when performing the Conversion, the User shall provide HoloLab with the User Content that the User wishes for the Conversion by posting, recording, or uploading such User Content on the Service or in a manner separately specified by HoloLab. The User Content provided to HoloLab will be automatically converted into data compatible with AR/MR.
7.2 Upon receipt of the User Content from the User, HoloLab shall store and manage the User Content, data after the Conversion, and backup data created by HoloLab with due care of a prudent manager.
7.3 HoloLab may adapt, alter, and use by any means the User Content for the purpose of providing the Service to the User, and the User shall consent thereto in advance.
7.4 The User shall ensure to make the necessary backup of the User Content before providing it to HoloLab, and HoloLab shall not assume any responsibility for any loss of the User Content or changes in the details and the nature of the User Content as a result of the Conversion.
7.5 HoloLab shall not be liable for any direct or indirect damage in relation to the User Content even if such damage is caused by loss or damage, or leakage for reasons not attributable to HoloLab.
7.6 The User may not provide HoloLab or carried out the Conversion with the User Content containing personal information.
7.7 In the Service, the maximum number of the Conversion (hereinafter referred to as “Maximum Conversions ”) shall be those as prescribed in the ‘Service Type’ on the HoloLab’s Website. If the User desires to perform the Conversion exceeding the Maximum Conversions, the User may apply for ‘Additional Plan for the Conversion’separately provided by HoloLab in a manner specified by HoloLab. If HoloLab accepts such an application from the User, an additional Maximum Number will be reflected on systems to be used for the Service after two (2) business days from such acceptance by HoloLab (or after a period of time as separately specified by HoloLab, if any). For the avoidance of doubt, HoloLab may, at its discretion, determine the acceptance of such an application and may reject such application without prior or ‘after-the-fact’ notice.
Article 8 (The Service App)
As a prerequisite to the use of the Service, the User needs to install the Service App on HoloLens, iPad, or other devices as specified by HoloLab (regardless of version and specification for each). The Service will not be available to the User unless the User installs the Service App. If there exist any terms of use or regulation concerning the Service App, the User may not use the Service App unless it consents to such terms of use or regulations.
Article 9 (Supported File Format)
The file format that supports the User Content subject to the Conversion is listed in the ‘Supported 3DCAD/BIM file formats’ on HoloLab’s Website.
Article 10 (mixpace Remote Rendering)
10.1 The Subscriber may apply, in a manner separately specified by HoloLab, for the optional service, ‘mixpace Remote Rendering’ (hereinafter referred to as “mRR”) provided by HoloLab for the purpose of enabling real-time Remote Rendering of more complex and data-intensive User Content. The mRR is a service comprising of a pay-per-use service feature, which is separately specified by HoloLab (hereinafter referred to as “mRR Pay-Per-Use”). In the Service Agreement, the mRR Pay-Per-Use shall be positioned as a part of the Service.
10.2 If HoloLab accepts the application as prescribed in the preceding paragraph, the Subscriber may use the mRR.
10.3 If the Subscriber opt to use the mRR, in addition to the service fee as specified in Article 5 hereof, the Subscriber must make an advance payment of a certain amount of pay-per-use (hereinafter referred to as “Maximum Amount Available) as separately specified by HoloLab for the right to use the mRR Pay-Per-Use (hereinafter referred to as “mRR Rights").
10.4 Article 5.2, Article 5.4, and Article 5.5 hereof shall apply mutatis mutandis to the payment made by the Subscriber to HoloLab when purchasing the mRR as prescribed in the preceding paragraph.
10.5 The Subscriber may use the mRR Pay-Per-Use until the purchased Maximum Amount Available for the mRR Rights has been reached. If the Subscriber uses the mRR Pay-Per-Use, the mRR Rights will be exercised for the amount worth of such use.
10.6 HoloLab shall appraise and calculate the amount of the mRR Pay-Per-Use used by the Subscriber every time the Subscriber uses the mRR Pay-Per-Use.
10.7 If the amount of advance payment for the mRR Rights is insufficient for to use of the mRR Pay-Per-Use, and despite the Subscriber attempts to use the mRR Pay-Per-Use, the Subscriber may not receive such services corresponding to the mRR Pay-Per-Use.
10.8 The mRR Right shall be effective until the termination of the Service Agreement, and the duration of such right shall not be renewed even after the renewal of the Service Agreement. Even if the mRR Right is extinguished as a result of the termination of the Service Agreement, HoloLab shall not make any refund to the Subscriber of the unused amount on the mRR Pay-Per-Use.
Article 11 (Obligations of the User)
11.1 The Subscriber shall warrant the accuracy of the Registered Information and any and all information to be provided to HoloLab during the term of the Service Agreement.
11.2 The Subscriber shall notify HoloLab of any change in the Registration Information in a manner specified by HoloLab without delay during the terms of the Service Agreement.
11.3 The User shall, at its responsibility, properly maintain and keep the password and the ID for the Service and may not cause any third parties (excluding other Account User, the same shall apply hereinafter) to use or lend, transfer, change the ownership of, or sell the same to a third party. The User hereby acknowledges and agrees that if HoloLab verifies the combination of the ID and the password for the Service, HoloLab will deem that the User, who has been registered as the holder of such user ID and the password, has used the Service.
11.4 The User shall take full responsibility for any damages caused by insufficient management, misuse of the password or the ID by the User, and the use of the password or ID by a third party. HoloLab shall not be in any way liable for the damages resulting from the foregoing.
11.5 In cases where the User’s password and/or ID for the Service has been stolen or used by a third party, the User shall immediately notify HoloLab thereof and follow the instruction given HoloLab.
11.6 The User shall, at any time, provide HoloLab with the information that HoloLab deems necessary for the Service or the maintenance of the Service upon request by HoloLab.
11.7 In using the Service, the Subscriber shall designate a person who will be the contact person with HoloLab (hereinafter referred to as “Contract Person”) and notify HoloLab of the contact information of the Contact Person. If there is a change in the Contact Person, the Subscriber shall immediately provide information on the changed Contact Person.
11.8 The User shall, in its responsibility and cost, prepare devices as specified by HoloLab, devices such as HoloLens, iPad, OS, browsers, applications, and the necessary operating environment and communication environment for the use of the Service as specified by HoloLab, (hereinafter collectively referred to as “Operating Environment”). The Service is available on the condition that the User prepares the Operating Environment, and HoloLab assumes no responsibilities for the Service if the Service is not able to be provided properly due to the improper Operating Environment.
Article 12 (Third Party Service)
HoloLab may use Microsoft Azure or other third-party services (hereinafter collectively referred to as “Third Party Services”) for building an environment in which the User performs the Conversion on the Service and for storing the User Content and data after the Conversion. In such case as specified by HoloLab, the User, as a condition for using the Service, shall be required to consent to Microsoft Customer Agreement and the terms and conditions as required by the Third Party Services or to register as a member.
Article 13 (Subcontracting)
13.1 HoloLab may entrust all or a part of the work related to the Service to Autodesk, Inc. (hereinafter referred to as “Autodesk”) and other third parties (hereinafter referred to as “Subcontractor”). A contract between HoloLab and Autodesk shall be in accordance with Forge Developer Terms of Service stipulated by Autodesk.
13.2 The Subscriber acknowledges in advance that HoloLab provides all or a part of the User Content to the extent necessary for HoloLab to entrust the work relating to the Service to Autodesk.
Article 14 (Prohibited Acts)
In using the Service, the User shall not engage in any of the acts set forth below:
(1) any act that breaches these Terms or contract terms of the Third Party Service;
(2) any act that violates the Laws and Regulations or relates to criminal activities;
(3) an act of fraud or intimidation to HoloLab or any third party;
(4) any act that violates public order and morality;
(5) any activity related to antisocial behavior and offering a profit to Anti-Social Forces;
(6) any act that infringes any Intellectual Property Rights, publicity rights, privacy, personal honor right, or any other rights or interests of HoloLab or any third party;
(7) any act to defame HoloLab or a third party;
(8) any act that inflicts a heavy load on the HoloLab or the Third Party Services’ network or system;
(9) any act of unauthorized accessing or attempting to access HoloLab or the Third Party Services’ network or system;
(10) any act of spoofing to a third person, illicit display of relationships between a person or an organization, concealing or attempt to conceal one’s identity;
(11) any act of using the ID and password of other users or causing others to use the ID and the password of other users;
(12) any act that gives disadvantage or damage to HoloLab or a third party;
(13) any act of copying, selling, publishing, and/or using information obtained through the Service, unless otherwise stipulated in these Terms or separately acknowledged by HoloLab;
(14) any act of interfering with the operation of the Service or the Third Party Services or defaming or likely to defame the credibility of HoloLab;
(15) any act that is or is likely to be proved useful for competitors of HoloLab;
(16) any act of copying, distributing, or disclosing a part of the Service, the Service App, or the Third Party Services;
(17) any act of posting, recording, uploading and/or sending inappropriate User Content which is against public order and morals on the Service;
(18) any act of modifying, deleting, recompiling, reassembling, or reverse engineering of programs related to the Service, the Service App, the Third Party Services, or the HoloLab’s Website, or any act of determining the architecture of the HoloLab’s Website by monitoring network or using detective software;
(19) any act that causes inconsistency and/or interferes with or impairs the safety of systems of the Service, the Application, or the Third Party Services, or attempts to send signals to servers operating the Service or to decode signals from such server;
(20) any act of uploading invalid data, viruses, worms, or other software agents through the Service or the Service App;
(21) any act of collecting or acquiring information that can identify individuals (including ID) through the Service, the Service App, or the Third Party Services;
(22) any act that causes or eases, directly or indirectly, acts that fall under any of the proceeding items; or
(23) any other acts as deemed inappropriate by HoloLab.
Article 15 (Modify, Cessation, and Suspension of the Service)
15.1 HoloLab may, at its sole discretion, modify the contents of the Service or cease providing the Service. In the case where HoloLab ceases in providing the Service, HoloLab will give prior notice thereof to the Subscriber.
15.2 If any of the following items occur, HoloLab may temporarily stop or suspend all or a part of the Service without giving prior notice to the Subscriber. For clarity, the circumstances as outlined in each of the items may also be attributable to the Third Party Services;
(1) a periodical or an emergency check or maintenance of computer systems of the Service;
(2) provision of the Service is rendered difficult due to failure, operation mistake, access concentration, illegal access, hacking, or other unexpected factors that occur in computer or communication lines.
(3) any security problems occur to the Service;
(4) operation of the Service is rendered difficult due to force majeure such as earthquake, lightning strike, fire, flood damage, blackout, or the act of God.
(5) a proper operation of the Service is rendered difficult, or
(6) HoloLab reasonably determines that it is necessary to temporarily stop or suspend the Service.
15.3 HoloLab shall not in any way be liable for any damages incurred by the User as a result of actions taken by the Company pursuant to this Article.
Article 16 (Cancellation)
16.1 If the User falls under any of the following items, HoloLab may temporarily limit the User from using the Service or cancel the Service Agreement without giving prior notice or demand to the User.
(1) if the User breaches any of the terms and/or warranties herein (for the avoidance of doubt, the proviso under Section 541 of the Civil Code shall not apply);
(2) if the User falls under any of the grounds for refusal of registration prescribed in the items of Article 4 Paragraph 2;
(3) if the User becomes insolvent or a petition for proceeding of bankruptcy, civil rehabilitation, or any other similar proceeding is filed;
(4) if a resolution for the commencement of dissolution or liquidation procedures has been passed;
(5) if the User does not respond to the Company's inquiry and/or any other messages from HoloLab asking for its response for more than seven (7) days;
(6) if the User has been rejected for its registration to the Third Party Services, or if the contract regarding the Third Party Services with the User is terminated for any reason; or,
(7) if the Company determines that the User is deemed as an inappropriate user.
16.2 If the Subscriber falls under any of the items of the preceding paragraph, all, and any of its liabilities to HoloLab shall become automatically due and the Subscriber shall immediately fulfill such liabilities.
16.3 HoloLab shall not in any way be liable for any damages incurred by the User as a result of actions taken by HoloLab pursuant to this Article.
Article 17 (Intellectual Property Right)
17.1 All Intellectual Property Rights concerning the Service, excluding the User Content and data after the Conversion, shall belong to HoloLab or the person who grants the license to HoloLab, and the execution of the Service Agreement or permission to use the Service shall not be construed as the granting the license to use HoloLab the Intellectual Property Rights of the Service.
17.2 The User represents and warrants HoloLab that the User has the legitimate right to use the User Content throughout the Service, that the content of the User Content is true and accurate, and the User Content does not infringe any third parties’ rights.
17.3 The Intellectual Property Rights related to the User Content and data after the Conversion shall belong to and be retained by the User or the person who has granted the license to use such content and data to the User. However, HoloLab may make a backup of the User Content and data after the Conversion to the extent of the purpose of the provision of the Service to such User and the improvement of the quality of the Service.
17.4 The User agrees that it shall not exercise any author's moral rights to the User Content and data after the Conversion against HoloLab and any person designated by Holoab.
Article 18 (Disclaimer and Compensation)
18.1 HoloLab shall provide the Service on an as-is basis, and HoloLab makes no warranties, express or implied, as to the completion of the Service including the Conversion within a certain period of time as expected or desired by the User, fitness to the User’s particular purpose and accuracy, validity, credibility, merchantability, and fitness for a particular purpose that the User is expecting, and its compliance with the Laws and Regulations.
18.2 HoloLab shall not be obliged to store any information of the User such as the Registration Information and/or the User Content.
18.3 HoloLab assumes no responsibility for the management of services, information, and personal information provided by a third party as a provider of external services in tandem with the Service.
18.4 In no case shall HoloLab be held liable for any damage, loss, and infringement of rights caused by unauthorized access or use such as hacking and/or alteration of the Service as stipulated herein or an account of the User.
18.5 The User shall, at its own expense and responsibility, correspond and resolve any transactions, communications, and disputes with other users or third parties concerning the use of the Service, and HoloLab shall not be in any way liable for the foregoing.
18.6 In no event shall the aggregated liability of HoloLab for the damage incurred by the User concerning the Service or these Terms, whether in contract, tort, or otherwise, except when there was intent or gross negligence of HoloLab, exceed the total amount of service fee for the Service received by HoloLab from the Subscriber in relation to such User according to the Service Agreement for immediate one (1) year before the event that caused such damage, and HoloLab shall not be held liable for any special, incidental, indirect and future damage and loss of profit.
18.7 The User shall compensate for any loss, expenditure, damage, and liabilities (including reasonable attorney's fees and court costs) bore by HoloLab or its relative person in connection with the User’s breach of these Terms.
18.8 HoloLab shall, pursuant to the contract with the Subcontractor, make a claim for compensation of disputes, claims, lawsuits, infringement of right or damage arising out of or in connection with acts taken by the Subcontractor.
18.9 HoloLab shall not be liable for any dispute, claim, lawsuit, infringement of rights, or damage arising out of or in connection with the User’s use of the Third Party Services, or acts engaged by the Subcontractor.
Article 19 (Privacy)
19.1 HoloLab shall treat the personal information of the User in accordance with the privacy policy of HoloLab. The User shall consent that HoloLab will treat such personal information in accordance with such privacy policy.
19.2 In providing the Service, HoloLab may acquire the User’s usage history of the Service, such as access log, viewing history, log information, and/or setting information. HoloLab may use such usage history for the purpose of the development, improvement, and provision of products of HoloLab and may disclose or provide such usage history to third parties for such purpose after processing it to a form that cannot identify the specific individual or organization.
Article 20 (Terms)
20.1 The Service Agreement has definitive terms and shall be in accordance with the service plan determined by HoloLab.
20.2 HoloLab shall notify the Subscriber of the expiration date of the Service Agreement sixty (60) days prior to the expiration thereof (or two (2) weeks if the service plan is ‘mixpace starter’) via e-mail. If the Subscriber wishes to renew the Service Agreement, the Subscriber is required to contact HoloLab or an agency of HoloLab and to communicate that the Subscriber has the intention to renew the Service Agreement. In such a case, the Subscriber may be required to execute a new contract, additional contracts, or amended terms of these Terms.
Article 21 (Deletion of Data Upon Termination of the Service Agreement)
21.1 If the Service Agreement is terminated irrespective of the cause, HoloLab may delete the User Content, data after the Conversion, and other data of the User in the Service.
21.2 HoloLab shall not be liable for any damage incurred by the User as a result of the deletion of data pursuant to the preceding paragraph.
21.3 If the User wishes to execute the Service Agreement again after the termination thereof, the User shall acknowledge in advance that the previous data will not be transferred.
Article 22 (Confidentiality)
22.1 The User acknowledges and agrees that the User will treat as confidential all information that is disclosed by HoloLab to the User requiring the User to treat it confidential, except with prior written consent of HoloLab.
22.2 The User shall return or dispose of the confidential information in the preceding paragraph, document, and storage media on which such information is entered or recorded, and all copies thereof without delay at any time upon request from HoloLab in accordance with the instruction provided by HoloLab.
Article 23 (Communication and Notification)
23.1 Notification regarding the amendment to these Terms and communications made to HoloLab to the Subscriber in relation to the Service are posted on the appropriate place on HoloLab’s Website, made via e-mail or push notifications, or made in a manner that HoloLab deems appropriate.
23.2 Inquiries regarding the Service, and communication and notifications from the User to Hololab shall be made on a screen used for the Service or in an inquiry form of the Service.
23.3 HoloLab may deliver advertisements to e-mail addresses registered by the Subscriber or in the Service. For clarity, the User may choose not to receive any notifications pertaining to such advertisement if the User desires to do so.
Article 24 (No Assignment)
24.1 The User may not assign, transfer, pledge as security or dispose of any contractual status of the Service Agreement and the rights or the obligation under the Service Agreement without the written approval of HoloLab.
24.2 In the event that HoloLab transfers its business relating to the Service to a third party, HoloLab may transfer its contractual status, rights, obligations, Registered Information, User Content, and other information to the transferee as a result of such business transfer, and the Subscriber hereby agrees to such transfers by agreeing to these Terms in advance. The same shall apply for the cases of mergers or general succession due to company split where HoloLab is being absorbed or split.
Article 25 (Severability)
In the event that any provision hereof or a part thereof is found invalid or unenforceable under the Laws and Regulations, the remainder or a part of these Terms shall remain in full force and effect, and HoloLab and the Subscriber shall endeavor to make such invalid or unenforceable provision or part thereof legitimate and to amend it to the extent necessary to make it enforceable, and to ensure intent or equivalent effect to legal and economic effect to such invalid or unenforceable provisions or parts thereof.
Article 26 (Survival)
Provisions of Article 4.7, Article 5.4 and Article 5.5, Article 7.3 through Article 7.5, Article 10.4 and Article 10.8, Article 11.4 and Article 8, Article 15.3, Article 16.2 and Article 16.3, Article 17, Article 18, Article 19.2, Article 21, Article 22, Article 24 through Article 28, and other provisions that, by their nature, are intended to survive shall survive the expiration or termination of the Service Agreement.
Article 27 (Governing Law and Jurisdiction)
27.1 These Terms and the use of Service shall be governed by and construed in accordance with the laws of Japan.
27.2 Any dispute arising out of or in connection with these Terms and the use of the Service shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of the first instance.
Article 28 (Consultation)
28.1 Any matter not stipulated herein or any doubt with respect to the interpretation of these Terms shall be promptly resolved through mutual consultation between HoloLab, the Subscriber, and the User in accordance with the principle of good faith and fair dealing.
28.2 HoloLab, the Subscriber, and the User shall agree in writing or electromagnetic record that HoloLab, the Subscriber, and the User will engage in the consultation in the preceding paragraph if either party requests for such consultation.
Established on August 20, 2020
Revised on March 22, 2021
Revised on June 1, 2021
Revised on July 28, 2021 (Overview of change)