Terms & Conditions
These Terms & Conditions (the "Terms") govern the use of the services provided by Union Tec Co., Ltd. ("Company", "we", "our", or "us") through this website and related services (collectively, the "Service").
By using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
Article 1. Definitions
For the purposes of these Terms, the following definitions shall apply:
"Company" means Union Tec Co., Ltd.
"Service" means the services provided by the Company through this website and related platforms.
"User" means any individual or entity that applies for, accesses, or uses the Service.
"Content" means any 3D renderings, visualizations, images, designs, or other materials provided through the Service.
"Paid Plan" means any service plan requiring payment of fees as specified by the Company.
Article 2. Application
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These Terms shall apply to all relationships between the User and the Company arising from or relating to the use of the Service.
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The Company may establish additional rules, guidelines, FAQs, policies, or other provisions regarding the Service (collectively, the "Individual Provisions").
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Regardless of their title or format, all Individual Provisions shall form part of these Terms.
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In the event of any inconsistency between these Terms and any Individual Provision, the Individual Provision shall prevail unless otherwise expressly stated.
Article 3. Application for Service Use
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To use the Service, Users shall complete the procedures and methods designated by the Company according to the nature of the Service.
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By submitting an application to use the Service, the User shall be deemed to have agreed to these Terms.
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A service agreement between the User and the Company shall become effective upon the Company's approval of the User's application.
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The Company may refuse an application if it determines that any of the following circumstances apply:
(a) The applicant has provided false, inaccurate, or incomplete information;
(b) The applicant has previously violated these Terms;
(c) The Company reasonably determines that the applicant is unsuitable to use the Service; or
(d) Any other circumstance that the Company reasonably considers inappropriate.
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The Company shall have no obligation to disclose the reasons for rejecting an application.
Article 4. Content Provided Through the Service
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The Service may provide 3D renderings, visualizations, or other content requested by the User (collectively, the "Content"), at the sole discretion of the Company.
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Upon obtaining Content through the procedures prescribed by the Service, the User shall be granted a license to use such Content.
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Users may freely use the Content for their own purposes, including commercial purposes, without restriction. Users may reproduce, modify, edit, adapt, process, or otherwise utilize the Content in whole or in part.
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The Service and all Content are provided on an "AS IS" and "AS AVAILABLE" basis.
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The Company does not warrant, represent, or guarantee that:
(a) The Service or Content will satisfy the User's requirements;
(b) The Service or Content will be suitable for any particular purpose;
(c) The Service or Content will achieve any specific result intended by the User; or
(d) The Service or Content will be uninterrupted, error-free, or free from defects.
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The Company makes no warranties, whether express, implied, statutory, or otherwise, regarding the Service or Content, including but not limited to warranties of accuracy, reliability, completeness, performance, merchantability, fitness for a particular purpose, or non-infringement.
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The Company shall have no obligation to repair, modify, improve, replace, or otherwise remedy any defect, nonconformity, or issue relating to the Service or Content.
Article 5. Registration for Paid Plans, User Credentials, and Payment
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Certain services offered through the Service may require payment of fees ("Paid Plans").
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Users wishing to use a Paid Plan shall complete the registration procedures designated by the Company.
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Users are solely responsible for maintaining the confidentiality and security of their user IDs and passwords.
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Users may not transfer, lend, disclose, share, or otherwise permit any third party to use their login credentials.
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The Company may treat any access to the Service using a valid user ID and password combination as access by the registered User.
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Except in cases of willful misconduct or gross negligence by the Company, the Company shall not be liable for any loss or damage arising from unauthorized use of login credentials.
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Users agree to pay all fees applicable to the selected Paid Plan.
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Payment methods may include credit cards and any other methods designated by the Company.
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Users shall bear all bank charges, transaction fees, taxes, and other costs associated with payment.
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The Company may utilize payment processors, collection agencies, or other authorized service providers to process payments on its behalf. Users authorize such parties to receive and process payments as necessary.
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The Company may require identity verification of the User or the User's business entity before processing payments or transfers and may withhold processing until verification is completed.
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If a User fails to make payment by the applicable due date, the User shall pay late-payment damages at a rate of 14.6% per annum from the due date until full payment is received.
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The Company reserves the right to revise fees and charges due to changes, improvements, or expansion of the Service. Users shall be notified in advance of any fee revisions.
Article 6. Prohibited Conduct
Users shall not engage in any of the following activities when using the Service:
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Violating any applicable law, regulation, or public policy;
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Engaging in criminal activities or activities related to criminal conduct;
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Infringing any intellectual property rights, including copyrights, trademarks, patents, trade secrets, or other proprietary rights belonging to the Company or any third party;
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Violating the privacy, reputation, confidentiality, or other rights of the Company, other Users, or third parties;
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Damaging, disabling, overloading, disrupting, attacking, or interfering with servers, networks, systems, or infrastructure related to the Service;
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Commercially exploiting information obtained through the Service without prior authorization from the Company;
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Interfering with the operation, management, or business activities of the Company or damaging the Company's reputation or credibility;
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Accessing or attempting to access the Service without authorization;
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Collecting, storing, or attempting to obtain personal information relating to other Users without authorization;
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Using the Service for fraudulent, unlawful, deceptive, or unauthorized purposes;
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Causing inconvenience, harm, loss, or damage to other Users or third parties;
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Impersonating another individual, organization, or User;
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Providing false, inaccurate, or misleading information to the Company;
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Conducting advertising, solicitation, marketing, promotional activities, or sales activities through the Service without authorization from the Company;
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Providing benefits, directly or indirectly, to organized crime groups, anti-social forces, or similar entities; or
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Any other activity that the Company reasonably determines to be inappropriate.
Article 7. Restriction of Use and Termination of Registration
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The Company may, without prior notice, restrict a User's access to all or part of the Service or terminate the User's registration if any of the following circumstances apply:
(a) The User violates any provision of these Terms;
(b) The Company discovers that the User has provided false, inaccurate, or misleading information during registration or use of the Service;
(c) The User fails to fulfill any payment obligation relating to the Service;
(d) The User fails to respond to communications from the Company for a reasonable period of time;
(e) The User has not used the Service for a prolonged period following the User's most recent use; or
(f) The Company otherwise determines that the User's continued use of the Service is inappropriate.
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The Company shall not be liable for any loss or damage incurred by a User as a result of actions taken pursuant to this Article.
Article 8. Promotional Use
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The User grants the Company a non-exclusive right to use the User's trade name, company name, logo, trademarks, service marks, and other identifying marks (collectively, the "Marks") solely for the purpose of indicating that the User has utilized the Service.
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The Company may display such Marks on its websites, promotional materials, sales materials, presentations, case studies, portfolios, and other marketing materials related to the Company and the Service.
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The right granted under this Article shall remain effective for as long as the Service continues to be validly operated by the Company.
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If the User has specific requirements regarding the manner, format, appearance, or display of the Marks, the User shall promptly notify the Company in writing.
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If the User reasonably determines that the Company's use of the Marks is inappropriate, the User may request modifications to such use, and the Company shall make reasonable efforts to accommodate the request.
Article 9. Exclusion of Anti-Social Forces
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The User represents and warrants that neither the User nor any of its directors, officers, employees, agents, or affiliates:
(a) Is a member of, affiliated with, or associated with any organized crime group, criminal organization, anti-social force, or similar entity under applicable Japanese law;
(b) Has engaged in violent, fraudulent, coercive, extortionate, obstructive, or otherwise unlawful conduct; and
(c) Will not engage in any such conduct in the future.
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If the Company determines that the User has violated any representation or warranty under this Article, the Company may immediately terminate the provision of the Service without prior notice or demand.
Article 10. Cancellation of Registration
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A User may cancel its registration and discontinue use of the Service at any time by following the procedures prescribed by the Company.
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Cancellation of registration shall not relieve the User of any obligations incurred prior to the effective date of cancellation.
Article 11. Disclaimer of Warranties and Limitation of Liability
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The Company makes no representation or warranty, whether express, implied, statutory, or otherwise, that the Service is free from defects, errors, interruptions, security vulnerabilities, inaccuracies, omissions, or infringements of third-party rights.
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To the fullest extent permitted by law, the Company shall not be liable for any damages, losses, costs, liabilities, or expenses arising from or relating to the User's use of the Service, except where such damages result from the Company's willful misconduct or gross negligence.
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The Company shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, business opportunities, goodwill, data, or anticipated savings.
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Even where liability is imposed by law due to the Company's negligence (excluding gross negligence), the Company shall not be liable for damages arising from special circumstances, including circumstances that were foreseeable or could reasonably have been foreseen by either party.
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In any event, where liability is imposed on the Company due to ordinary negligence, the Company's aggregate liability shall not exceed the amount of fees actually paid by the User to the Company during the month in which the relevant damage occurred.
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The Company shall not be responsible for any transaction, communication, dispute, claim, or controversy arising between a User and any third party, including other Users.
Article 12. Changes to the Service
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The Company may modify, update, expand, suspend, discontinue, or terminate all or part of the Service at any time upon prior notice to Users.
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Users acknowledge and agree that the Company may make such changes at its discretion and that continued use of the Service after such changes constitutes acceptance of the modified Service.
Article 13. Amendments to the Terms
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The Company may amend these Terms without obtaining the individual consent of Users when:
(a) The amendment is in the general interest of Users; or
(b) The amendment is not contrary to the purpose of the service agreement and is reasonable in light of the necessity of the amendment, the appropriateness of the revised content, and other relevant circumstances.
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When amending these Terms, the Company shall provide prior notice of:
(a) The fact that the Terms will be amended;
(b) The content of the amended Terms; and
(c) The effective date of the amendment.
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Any amendments shall become effective on the date specified in the notice unless otherwise required by applicable law.
Article 14. Confidentiality
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"Confidential Information" means any technical, business, operational, financial, or other information disclosed by either the User or the Company to the other party, regardless of whether such information is disclosed in writing, electronically, orally, or by any other means.
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Confidential Information shall not include information that:
(a) Is publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the receiving party;
(b) Was already lawfully in the possession of the receiving party prior to disclosure;
(c) Is lawfully obtained from a third party without any obligation of confidentiality;
(d) Is approved for disclosure in writing by the disclosing party; or
(e) Is independently developed or acquired without reference to the Confidential Information.
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The party receiving Confidential Information (the "Receiving Party") shall not disclose or divulge such Confidential Information to any third party without the prior written consent of the disclosing party (the "Disclosing Party"), except where necessary for the User's use of the Service or for the operation, provision, maintenance, or improvement of the Service.
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Notwithstanding the preceding paragraph, the Receiving Party may disclose Confidential Information to attorneys, certified public accountants, tax advisors, patent attorneys, or other professional advisors who are legally or professionally bound by confidentiality obligations and who require access to such information for legitimate purposes.
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Where the Receiving Party discloses Confidential Information to a third party that is not otherwise subject to a legal duty of confidentiality, the Receiving Party shall impose confidentiality obligations equivalent to those contained herein and shall be responsible for ensuring compliance by such third party.
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The Receiving Party may disclose Confidential Information where required by law, court order, governmental authority, regulatory authority, or other competent public body, provided that such disclosure is limited to the extent legally required.
Article 15. Handling of Personal Information
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The Company shall properly handle any personal information obtained through the use of the Service in accordance with its Privacy Policy.
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Users acknowledge and agree that the Company's Privacy Policy forms an integral part of these Terms.
Article 16. Notices and Communications
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Any notice or communication between the Company and a User shall be made using the methods designated by the Company.
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Unless a User submits a valid notice of change in accordance with procedures separately prescribed by the Company, the Company may rely upon the contact information registered by the User as accurate and current.
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Notices or communications sent by the Company to the registered contact information shall be deemed received by the User at the time such notice or communication is transmitted.
Article 17. Assignment
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Users may not assign, transfer, delegate, pledge, or otherwise dispose of their rights, obligations, or contractual position under these Terms without the prior written consent of the Company.
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The Company may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, corporate restructuring, business transfer, or similar transaction.
Article 18. Governing Law and Jurisdiction
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These Terms shall be governed by and construed in accordance with the laws of Japan.
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Any dispute arising out of or relating to the Service or these Terms shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Company's principal office.
Supplementary Provisions
Enacted and Effective: April 10, 2023
Revised and Effective: October 2, 2023
Revised and Effective: August 1, 2024
Language
These Terms & Conditions are originally written in Japanese.
In the event of any inconsistency, discrepancy, conflict, or difference in interpretation between the Japanese version and any translated version, the Japanese version shall prevail.