ArchiTwin Cloud Series Terms of Use

A corporation or individual using this service (hereinafter referred to as "Customer") and ArchiTwin Co., Ltd. (hereinafter referred to as "ArchiTwin Co., Ltd.") agree as follows regarding the use of this service.

Article 1 (Definition)

"Service" means all or part of the ArchiTwin cloud series service provided by ArchiTwin Co., Ltd., related materials, documents, tangible items such as printed matter, online or electronic documents, and files. increase.
"Agreement" means these Terms of Use (including the Privacy Policy and, if using the ArchiTwin Cloud, the ArchiTwin Cloud Terms of Use), and at the time Customer places an Order, Customer agrees with respect to these Terms of Use. It means that the agreement has been obtained and the contract for this service has been concluded.

Article 2 (Usage Rights and License Fees)

ArchiTwin Corporation grants you a non-exclusive and non-transferable license under this Agreement.again,You may use up to the number of User Accounts specified in the Order Form.can use this service.
The customer shall agree to the terms and conditions set forth in the order form and pay the license fee to ArchiTwin Corporation or its distributor as compensation for the right to use as described in the preceding paragraph.

Article 3 (Use of this service)

The Customer shall be entitled to use the Service only for the purpose of its own use, and without the prior written consent of ArchiTwin Co., Ltd., the right to use the Service under this Agreement shall be transferred to a third party (the Customer's parent company). , subsidiaries and affiliates; the same shall apply hereinafter), or assign, sublease or transfer possession of the Service to a third party.
The customer shall not change, modify or reproduce all or part of this service for any purpose without the prior written consent of ArchiTwin Corporation.In addition, you must not allow a third party to do the same.
The customer shall not combine all or part of this service with other programs, or disassemble or decompile it for any purpose.In addition, the customer must not allow a third party to perform such acts.

Article 4 (Support)

In the event that a customer requests support and ArchiTwin Corporation determines that it is possible to provide support, ArchiTwin Corporation will provide free or paid support to the customer in accordance with the support conditions separately determined by ArchiTwin Corporation. I will.In addition, if the customer receives free support, the content of the support and any damage caused by the support shall be resolved at the customer's expense and responsibility.A separate support contract will be concluded for paid support.

Article 5 (Suspension of Service)

ArchiTwin Co., Ltd. may discontinue the provision of this service in the following cases with the caution of a prudent manager.Customers must agree to this in advance.
When unavoidable, such as maintenance or construction by ArchiTwin.
When due to unavoidable reasons such as power supply, suspension of telecommunications service provision by telecommunications carriers, or other force majeure.
ArchiTwin Co., Ltd. will make commercially reasonable efforts to notify the customer in advance in the event of discontinuing the provision of the Service pursuant to the preceding paragraph.However, this does not apply to prior notice in cases of emergency and unavoidable circumstances.

Article 6 (Attribution of Rights)

Intellectual property rights in your content belong to you or to third parties licensed by you.In addition, the content is managed at the customer's own responsibility, and ArchiTwin Co., Ltd. assumes no responsibility for the content.
The customer acknowledges that all rights such as industrial property rights and copyrights related to this service belong to ArchiTwin Co., Ltd. or a third party licensed by ArchiTwin Co., Ltd. Do not infringe on rights.
In addition, ArchiTwin is not responsible for any disputes with third parties regarding the above copyrights.
We grant the customer only the right to use this service and the status of the terms of use, but we do not grant copyrights, other intellectual property rights, ownership rights, or any other rights related to this service and any derivative works. .In addition, the customer shall not assign, lend, pledge, or otherwise set third party rights to these rights to a third party.

Article 7 (confidentiality)

The customer shall not disclose any information related to this service and any other information obtained in connection with this agreement (hereinafter referred to as "confidential information") in any form without ArchiTwin's prior written consent. shall not be used, disclosed or leaked to third parties.In addition, the confidentiality obligation of this article shall remain in force even after the termination of this Agreement.
The customer shall strictly manage the confidential information with the care of a prudent manager and ensure that the customer's employees who use the confidential information comply with the confidentiality obligations set forth in the preceding paragraph.

Article 8 (Guarantee Liability)

ArchiTwin Co., Ltd. provides this material as is, without any express or implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In providing this service, ArchiTwin Co., Ltd. shall not be liable for the accuracy, completeness, usefulness, recency, and other matters related to the customer's use of this service (including information obtained by the customer as a result of this service). We make no guarantees.

Article 9 (Limitation of Liability)

ArchiTwin Co., Ltd. shall not be liable for any damages incurred by customers or third parties due to the provision, interruption, discontinuation, failure, etc. of this service, except in cases where ArchiTwin Co., Ltd. is intentional or grossly negligent. I don't owe you.In addition, we are not responsible for any damages incurred by the customer or a third party due to the suspension of use of this service or the termination of the contract.
Notwithstanding the provisions of the preceding paragraph, in the unlikely event that ArchiTwin Co., Ltd. is required to compensate the customer for damages in connection with this agreement, due to default, warranty against defects, unjust enrichment, tort or any other cause of claim, However, the amount of compensation shall be limited to the license fee (annual amount) for the fiscal year in which the damage occurred.

Article 10 (Prohibited matters)

In using this service, the customer shall not perform the following acts.

Acts that interfere with the provision of this service
Acts that infringe on the copyrights or other intellectual property rights of ArchiTwin Inc. or a third party, or human interests such as reputation, credibility, privacy, etc.
Criminal acts or acts that encourage criminal acts, or acts that are likely to be
Acts that interfere with the business of others, such as computer viruses, or acts that are likely to interfere with the business of others, or use them for this service or provide them to third parties
Other acts that infringe on the legal interests of others, act against public order and morals, or act in violation of laws and regulations
Other acts deemed inappropriate in the provision of this service

Article 11 (Term and Termination)

The term of validity of this contract shall be one year from the service usage start date specified in the order form, and unilateral cancellation by the customer during the term of validity shall not be accepted.
This Agreement shall automatically continue unless prior written notice is given at least thirty (30) days prior to the expiration of the term.
If the customer falls under any of the following items, ArchiTwin Co., Ltd. may immediately terminate this agreement without any notice or demand to the customer.
Failure to perform obligations under this Agreement or other violation of this Agreement, and failure to correct this despite ArchiTwin Co., Ltd.'s demand for a reasonable period of time.
In the event of seizure, provisional seizure, provisional disposition, public auction disposition, or other disposition by public authority, or when a petition for commencement of civil rehabilitation proceedings, corporate reorganization proceedings, special mediation, or bankruptcy or other bankruptcy proceedings is filed.
If you are subject to a disposition to suspend transactions at a clearinghouse or disposition for non-payment of taxes and public dues
When there is a reasonable reason that assets or credit status has deteriorated or there is a risk of deterioration
If you are a corporate racketeer, an organized crime group defined in the Act on Prevention of Unfair Acts by Members of Organized Crime Groups, their related organizations, or other antisocial forces (hereinafter referred to as "antisocial forces, etc."), or antisocial forces etc.
When officers and employees or major investors are or were members of anti-social forces, etc.
In the event of using fraudulent means, violent acts, unreasonable demands or threatening remarks against the other party by himself or by using anti-social forces, etc.
When it is recognized that the other party's honor and credibility is damaged or there is a risk of damage by using oneself or antisocial forces
When it is recognized that it interferes with the other party's business, or acts that may interfere with the other party's business, or is likely to interfere
If this Agreement is terminated in accordance with the preceding paragraph, the customer shall lose the benefit of time and shall immediately perform all obligations to ArchiTwin Corporation.
You may not request a refund of the license fee or any other fees that you have already paid.
Even after the contract ends, Articles XNUMX to XNUMX shall remain valid.

Article 12 (Force Majeure)

ArchiTwin Co., Ltd. shall not be liable for any delay or inability to fulfill the performance obligations of ArchiTwin Co., Ltd. to the Customer as stipulated in this Agreement due to the following reasons: will do.However, ArchiTwin Co., Ltd. will promptly resume the performance of this service when the cause is eliminated.In addition, if ArchiTwin Co., Ltd. determines that it is impossible to perform this service due to the cause, ArchiTwin Co., Ltd. may immediately terminate this Agreement.

When natural disasters, wars, riots, civil strife, serious epidemics, amendments and abolitions of laws and regulations, and orders and dispositions by public authorities occur.
When ArchiTwin Co., Ltd. acquires, merges, sells, suspends business, suspends service provision, or other events beyond the control of ArchiTwin Co., Ltd. due to force majeure.

Article 13 (jurisdiction)

The Tokyo District Court shall be the exclusive court of first instance for disputes arising from the performance of this Agreement.

Article 14 (Discussion Matters)

Matters not stipulated in this Agreement and other doubts arising in relation to this Agreement shall be resolved through good-faith consultation between the customer and ArchiTwin Corporation.

Above "May 2021 version"