Terms of Use

Article 1 (General Provisions)

Bot3D Terms of Use (hereinafter referred to as the “Terms”) shall prescribe the terms of use of the service as prescribed in Article 3 hereof (hereinafter referred to as the “Service”) that is provided by heuristic Inc. (hereinafter referred to as the “Company”) through “Bot3D” (defined below). The Users should read the Terms carefully before the start of using the Service, and by using the Service, you acknowledge that you have read, understood and agreed to these Terms.

Article 2 (Definitions)

For the purpose of the Terms, the following terms used herein shall be defined as follows:

“User” shall mean individuals who are authorized to use the Service by the Company as a result of agreeing to the Terms and is permitted to use the Service from the Company.
“Application“ shall mean application software that provides the Service and can work on a designated operating system according to the Company’s specifications.
“Data” shall mean all the information that is contained in the Service.
“Local Data“ shall mean data created by using the Service by the User and can be edited and used within the Application.
“Output Data“ shall mean data output with a format that can work on other application software.
“3D" shall mean computer graphics created in three dimensions.
“User Agent“ shall mean software application that is used to connect to, acquire, provide or use various kinds of information.
“Bot3D“ shall mean a 3D User Agent with which the User can freely make or change motions and face expressions of the 3D data on the Application according to the User’s preference, and can create interactive contents, animation, or learning contents by combining with texts, voice, music and other information.
“Official Site” shall mean a website that is made public by the Company for the purpose of showing advertisement of the Company and the Service, providing the Service, and/or responding to customers.

Article 3 (Details of the Service)

The Company shall provide the following services related to Bot 3D.

Human body animation editing function for creating, registering and using face expressions and motions;
Conversation content creation function;
Interactive User Agent using speech synthesis and speech recognition;
Various functions and services associated with or related to the services set forth in the preceding Items.

The Company may change the details of the Service due to the following reasons without obtaining consent of the User. If the User uses the Service after the change of the Service, the Uses shall be deemed to have agreed to such changed Service.
If the User suffers damage from the use of the changed Service, the Company shall not compensate for such damage unless such damage is caused by intentional or material negligence by the Company.

In the case the Company judges that the change is required for stable provision of the Service;
In the case the Company judges that the change would improve convenience of the User;
In the case that there is a justifiable social reason.

The Company may add, change, delete etc., any data necessary for the Service from time to time at its own discretion.

The specifications of the Service are limited to the specifications determined by the Company and other requests shall not be accepted.

Article4 (Paid Service)

Some of the Service shall only be available to the User who pays an additional fee for the Service (hereinafter referred to as the “Paid Service”), and the Company shall separately prescribe the amount of the fee for each Paid Service, the settlement method, and other matters, and shall indicate such amounts on the Application or the Official Site of the Company.

The Company may determine and change what Service is the Paid Service or not at its own discretion, except for services provided by third parties (hereinafter referred to as the "External Services").

The User who is a minor shall be required to obtain consent of his/her legal agent when purchasing the Paid Services. If a minor User makes a false statement at the time of purchasing the Paid Service that his/her legal agent gave consent in spite of the fact such consent has not been given or that he/she is an adult, or uses deception that reasonably makes the Company believe that the User is a person with his/hers own right and thus imposed no restriction on the purchase of the Paid Service, such act may not be canceled.

Article5（Compliance with the Terms）

In using the Service, the User shall be required to agree to the Term (including the revised ones). If the User does not agree, the User shall immediately cease using the Service and uninstall the Application on his/her terminal.

Article5（Compliance with the Terms）

Article 6 (User Registration)

The User shall use the Application in accordance with the Terms and the method defined by the Company.

The User shall be allowed to use the Application only in a state as provided by the Company, and shall not copy, revise, change, modify, or adapt the Application.

If the User uses the Application on several terminals, the User is not allowed to integrate the Local Data stored on different terminals, or transfer the setting to another terminal.

The User shall prepare and maintain all the terminals necessary for using the Service (including but not limited to personal computers and smart phones on which the Application can work; the same shall apply hereafter) and software (including but not limited to an operating system (hereinafter referred to as the “OS”), application software, and a browser; the same shall apply hereafter), and the Internet connection environment, and shall be responsible for paying all the costs associated therewith.

The User may neither assign nor lend the whole or part of its position or rights and obligations under the Terms to a third party.

If a person who seeks to make a user registration of the Service meets any of the following conditions, the Company may refuse to accept the user registration or user re-registration of such person. The Company shall assume no obligation to disclose a reason for such refusal.

If the whole or part of the information submitted to the Company at the registration is false, incorrect, or omitted;
If the User is under the age of 13;
If the User is a minor of 13 years old or older, or an adult under the adult guardianship, curatorship, or advisership, and the User’s legal agent, guardian, curator, or adviser has not given consent;
If the Company judges that the User is a member of anti-social forces etc., (i.e. anti-social forces such as “Boryokudan” crime syndicate, Boryokudan-member, and other groups or members that are similar to Boryokudan; the same shall apply hereafter), or has any relationship or involvement with anti-social forces, etc. such as cooperating or being involved for the maintenance, operation, or management of anti-social forces, etc. through the provision of funds or other means;
If the Company judges that a person who applies for using the Service violated the Terms in the past or has a relationship with a person who used to violate the Terms;
If a person has received any disposition as prescribed in Article 11 in the past.

Article 7 (Obligation of the User)

The User shall use the Service with its own responsibility and judgment, and solely and fully be responsible for all the acts in connection with the use of the Service and the outcome resulting therefrom, whether or not such acts are made by the User.

The User shall be responsible for the Local Data of the User in connection with the use of the Service unless a trouble occurred on the Local Data is for a reason attributable to the Company, and the Company shall expressly disclaim any liability for such Local Data.

The User shall assume obligation not to infringe intellectual property rights such as copyright and trademark right, properties, privacy or the right of portrait, and other rights held by a third party, and represents and warrants to the Company that the Local Data and the Output Data do not infringe these rights held by a third part.

When creating the Local Data, if the User uses the data containing the copyright, the trademark right, the right of portrait, or other intellectual rights that are held by a third party other than the Company and provided within the Service, the User must agree that the User would use such data only for the private purpose even if such data also contains a work of which ownership properly belongs to the User, and that the User would not use such data for an act that falls into any of those prescribed in Article 9. In addition, if the User violates the provision in this Paragraph, and the Company pays expenses to respond to a claim for damages by a third party and/or other expenses for resolving the claim that is caused by such violation, the User shall compensate for such expenses pursuant to Paragraph 6 of this Article.

If the User receives any inquiry or complaint from a third party about the use of the Service, the User shall respond to such inquiry and resolve such complaint on its own responsibility and cost.

If the User causes damage to the Company or any third party due to its use of the Service (including the case that the Company or a third party suffers damage from non-performance of the obligations under the Terms by the User), the User shall settle and resolve the case at its own responsibility and cost, and shall hold harmless the Company from losses or damages as a result of settlement or resolution of such case. If the Company pays damages to a third party due to any act taken by the User, the User shall compensate for such damage and costs incurred by the Company.

If the User suffers any disadvantage as a result of the action prescribed in the precedent Paragraph, the Company shall assume no liability.

If the User uses the Service in conjunction with the External Services, the User shall comply with rules and other conditions prescribed by the External Services. The responsibility for the External Services shall be assumed by a company or an individual that provides the External Services, and the Company shall not warrant that the External Services (i) have no malfunction or defect, (ii) do not infringe rights of a third party; (iii) have a nature and value the User expects; and (iv) comply with laws and regulations that are applicable to the User when using such External Services.

Article 8 ( End of use of the Service)

The User may terminate the use of the Service at any time by the User's will and uninstall the Application from the User's terminal. Any data registered voluntarily by the User such as the Local Data shall be deleted when the Application is uninstalled, and even if the User resumes using the Application, the User may not use the Service in a condition and with a state before uninstalling the Application. Provided, however, the User may user the Service in a condition and with a state that are the same as those before uninstalling the Application if the User made a backup of the Local data using its own OS services.

The User shall agree that, if the User uninstalls the Application by mistake, regardless of the reason for such uninstallation, any data that was voluntarily registered by the User such as the Local Data will also be deleted and not be available any more.

The Company may retain and use the data provided by the User to the Company even after the User terminates the use of the Service.

The Company shall assume no obligation to save the Local Data of the User, or make it available to the User. The User agrees that the Company shall not be liable to the User or any other party for a result of uninstallation of the Application, or deletion or loss of the data that was used in the Service.

Article 9 (Prohibited Acts)

When using the Service, the User is prohibited to take the following acts:

Acts that infringe or may infringe intellectual property rights such as copyright and trademark right, properties, privacy or the right of portrait, or any other rights held by the Company or any third party, including removing any copyright, trademark or other property rights notices contained in or displayed on any portion of the Service;
Acts that discriminate, defame, or slander the Company or any third party, or that are detrimental to reputation or credibility of the Company or any third party, or provides a third party with a sense of discomfort;
Acts to send or store obscene images including description of human naked body, and images that are child porn or child abuse;
Acts that may stimulate or encourage a crime or an illegal act, including engaging in spamming and transmitting any software or other materials that contain any viruses, malwares, defects, or other destructive items;
Acts to restrict or prevent any other User from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;
Acts that (intend to) provide to a third party, reproduce, duplicate, copy, or sell, the whole or part of the Service on a commercial basis or for profit without prior written consent of the Company;
Acts that cause or likely to cause excessive load on the server of the Service;
Acts to analyze the Application of the Service and the data handled by the Application in any method or form, including reverse engineering, de-compiling, dissembling, and others.
Acts to unlawfully move, modify, delete or improperly display advertisement shown by the Company without authorization;
Acts that intend to advertise or promote products not permitted by the Company;
Acts to use the Service for the purpose of soliciting a pyramid business scheme or a network business;
Representation and/or content of adult sites and online dating websites, or acts to lead to such sites;
Acts that are election campaign activities or any other similar acts;
Acts that the Company judges inappropriate;
In addition to those listed in each Item above, acts that violate laws, regulations, and bylaws, or that offend against public policy.

Article 10 (Handling of Local Data)

When the User provides the Company with the Local Data created and edited by the User, the User shall permit the Company to use the Local Data (including processing, copying, and automatic public transmission of the Local Data, and modification of the Local Data necessary for such transmission) to the extent necessary for the Company to provide, maintain, improve, and add the functions of the Application, to conduct promotion of the Application, or to enable other Users to edit or use such Local Data, free of charge, indefinitely, and with no area restriction. In this case, the User shall not exercise its moral right against the Company or any other person who has received or been granted all the rights associated with such Local Data (including but not limited to other Users).

Copyright of texts, images, and music newly created or edited by the User at the time of making the Local Data shall belong to the User who initially created them.

Copyright and other rights of information and software provided in the Official Site other than texts, images, and music newly saved, created, or edited by the User for preparing the Local Data shall belong to the Company or a owner of such rights.

The Company has a right to modify or delete the Local Data provided by the User pursuant to the Terms any time if the Company judges it necessary to do so.

The User agrees that the Company may modify or delete the Local Data as prescribed in the preceding Paragraph, or suspend or revoke the User credentials as prescribed in Article 11, if the Company judges at its own discretion that it is necessary to comply with the Terms and applicable laws and regulations such as the cases that meet any provision in Article 9. Therefore, the User shall always create and manage the Local Data in a form and condition that do not violate the provisions in Article 9.

The Company shall not be responsible for any loss of the Local Data created or saved by the User for using the Service unless such loss is attributable to the Company.

The Company shall have no obligation to monitor the Local Data provided by the User to the Company. The Source Data that violates the Terms may be removed from the Service; provided, however, that the Company has no obligation to remove the Source Data in response to User’s reports or requests. The Company shall not be responsible for, and will have no liability for, the removal or non-removal of any Local Data registered by the User.

Article 11 (Termination or Revocation of User Credentials)

If the User falls under any of the following Items, the Company may terminate or revoke the User credentials upon prior notice to the User in principle.

If the Company finds that the User takes an act that violates or may violate the Terms;
If the Company judges that the User is anti-social forces, etc., or a person who has any relationship or involvement with anti-social forces such as cooperating or being involved for the maintenance, operation, or management of anti-social forces, etc. through the provision of funds or other means;
If the Company judges that the person is inappropriate as a User.

In addition to the precedent Paragraph, if the User takes a prohibited act as prescribed in Article 9, the Company may take actions prescribed in Article 10, Paragraph 4 and Paragraph 5.

If the Company or a third party suffers damage from the violation of the Terms by the User, the User shall compensate for such damage. If the Company pays damages to a third party due to the violation by the User, the User shall compensate for such damages and costs (including a reasonable lawyer’s fee) incurred by the Company.

Article 12 (Temporary Suspension of the Service)

The system for providing the Service shall be operated 24/7 in principle. However, this provision shall not apply when facilities used for the Service is under maintenance, or the Service cannot be provided due to power failure, accident, and/or natural disaster. In such case, although the Company shall inform the User in advance as much as possible, the Company may omit such notice if the Company cannot expect the situation or needs to respond to the situation immediately.

If the User suffers damage from delay or suspension of the Service caused by the reason as prescribed in each Paragraph above, the Company shall assume no responsibility unless such delay or suspension is caused by intentional or gross negligence of the Company.

Article 13 (Obtainment of Attribute Information and Action History)

The Company may obtain attribute information, terminal information, location information, and/or action history (such as order information and site staying time in each screen within the Application) of the User at the time of using the Service, for the purpose of improving convenience and making a statistical data.

When obtaining the data mentioned in Paragraph 1, the Company may use an external tool only if such obtained data does not include information that can identify an individual, whether alone or combined.

The Company may check and use the obtained data for a user trend survey or for understanding the condition of the Service operation, or for improving the Service.

If the obtained data can identify an individual by combining several data, the Company shall not conduct such re-identification.

The Company may disclose statistical data or analytic data prepared based on the obtained data to a third party in a form where individuals are not identifiable such as materials and media data for press release and a report of the Service use.

When disclosing the obtained data to a third party in a form where individuals are not identifiable, the Company shall choose a subcontractor who agrees not to take any action that may identify individuals by combining with other data (re-identification.)

Article 14 (Advertisement)

While using the Service, the User may see advertisement on the screen. The User agrees that such advertisement is displayed.

Advertisement may be distributed not only by the Company but also by third party advertisement distribution operators.

Third party advertisement distribution operators used by the Company may distribute advertisement on the Official Site or on the Service based on the history of access by the User to the Official Site or external sites by using Cookie and the advertisement identification number.

If the User suffers damage from advertisement on the Service, the Company shall assume no responsibility.

Article 15 (Indemnities)

In addition to the provisions from Article 1 to the precedent Article, the Company shall be indemnified from and against all the responsibilities as listed in each Item below:

The Company expressly disclaims all explicit or implicit warranties that there is no defect substantially or legally (including on safety, reliability, accuracy, integrity, usefulness, fitness for specific purposes, security defect, errors and bugs, and infringement of rights) (hereinafter collectively referred to as the "Defects") on the Service (including but not limited to the Application, Official Site and External Service), the specifications of the Application, and all and any other matters related to the Service, and the Company assumes no obligation to provide the Service with no Defects. In addition, even if the User suffers any damage or loss (including indirect damage such as loss of opportunity) that is attributable to the Service, the Company shall assume no liability. It is the User who is directly responsible for the use of the Service as well as confirming, choosing, using, and determining any information provided in the Service and the resultant outcome therefrom.
The User shall complete procedures related to the copyright and the right of portrait of images, etc. by itself, and the Company shall assume no responsibility;
The Company shall assume no responsibility if the User suffers damage from the fact that the Company took an action as prescribed in Article 11.
If the User or a third party suffers damage from the contents of any advertisement displayed in connection with the use of the Service or from such advertisement, the User and the third party shall resolve a dispute with a third party advertiser of such advertisement, and the Company shall assume no responsibility for such damage.
If it is found that the Service has the Defect, the Company shall make its best efforts to correct it as soon as practically possible. However, the Company shall assume no responsibility for damage suffered by the User due to the use of such defected Service such as a loss of Local Data and damage suffered by the User or a third party as a result of non-use of the Service. In addition, the Company expressly disclaims warranties that the Application has no Defect, has the nature and value the User expects, and complies with laws and regulations that are applicable to the User when using the Application.
The User acknowledges and agrees in advance that the use of the Application may be restricted partly or entirely due to the change of the terms of use or an operating policy of the download service of the Application.
The User acknowledges and agrees that the Company expressly disclaims warranties of the compatibility of the Application with any type of terminal, and that the Application may not work after upgrading the OS of the terminal in which the Application currently works. In addition, in the event of such problem, although the Company shall make its best efforts to resolve the problem as quickly as practically possible, the Company expressly disclaims that all the problems occurred on the User can be solved.
Even if the Company is obliged to pay compensation for losses to the User due to the application of the Consumer Contract Act or other reasons, unless the default is due to intentional or gross negligence of the Company, the Company shall only compensate for direct and actual damage caused by the Company’s default. The Company shall assume no responsibility for compensating opportunity loss or other indirect damage regardless of the reason for claiming such compensation. The maximum amount of compensation to be paid by the Company shall be the amount actually received by the Company from the User in the month in which the damage occurred, and the Company shall not pay the compensation exceeding such amount.

Article 16 (Revision of the Terms)

The Company may revise the Terms if the Company judges it necessary by notifying to the Users on the Official Site or the Service or with a method the Company believes appropriate. If the User uses the Service after the revision of the Terms, the Uses shall be deemed to have agreed to the revised Terms. If the User suffers damage from the use of the Service after the revision of the Terms, the Company shall not compensate for such damage unless such damage is caused by intentional or gross negligence by the Company.

Article 17 (Termination of the Service)

The Company may terminate the Service by notifying the User of the termination in a manner designated by the Company at least three month prior to such termination date. The Company shall assume no responsibility if the User suffers damage from the termination of the Service.

Article 18 (Handling of Personal Information)

Although the Service does not collect personal information of the User, when collecting personal information through the voluntary creation of Local Data by the User or inquiries made by the User to the Service, the Company shall properly handle personal information pursuant to the personal information protection policy prescribed by the Company.

The Company shall not disclose to a third party personal information input by the User when using the Service. However, the Company may disclose the personal information of the User if such User requests or approves it, or if the User violates the Terms and such disclosure is required for the Company to proceed the right preservation procedures, or if the Company is obliged to disclose the personal information to cooperate with an investigation agency for their search and investigation, or if the Company is requested to disclose it based on an order from a court or pursuant to laws, regulations, securities exchange rules, or regulations by the Japan Securities Dealers Association.

Article 19 (Severability)

If any or part of the provisions of the Terms is held to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions or other part of the provisions of the Terms shall still survive and remain fully effective.

Article 20 (Survival provision)

The User agrees that (i) the provisions which should survive in view of the purpose or nature of the Terms shall survive even after the withdrawal from the Service and, (ii) the User shall be subject to the Terms (including but not limited to provisions relating to our exemption from liability) with regard to the acts and events before the withdrawal, and the events and results attributable thereto.

Article 21(Governing Law and Jurisdiction)

The official text of the Terms shall be the Japanese version. If there is discrepancy between the Japanese version and the translated version provided by the Company, the Japanese version shall prevail. The Terms shall be governed by the laws of Japan without regard to its conflict of laws principles. The Tokyo District Court in Japan shall have the exclusive jurisdiction of the first instance over all the lawsuits in connection with a dispute between the Company and the User.

Established on March 31, 2017