Labellio - Terms of Service

Chapter 1 - General Provisions

Article 1 (Application and Language of these Terms)

1. KYOCERA Communication Systems Co., Ltd. (the “Company”) shall provide the Service to the User based on these Terms and the User Manual separately prescribed by the Company.

2. In the event that there is any discrepancy between the content of the User Manual and these Terms, the content of the User Manual shall prevail.

3. The User, upon approving the various conditions such as for the provision of the Service that are prescribed in these Terms and the User Manual, shall adhere to the same in good faith.

4. These Terms and the User Manual shall be created in English, and the Japanese version thereof is a translation provided for reference purposes only. In the event of a discrepancy between the content of the English version and the content of the Japanese translation for reference purposes, the content of the English version shall apply.

5. In these Terms and the User Manual, years, months, days, times, and terms, etc., shall be stated in accordance with Coordinated Universal Time (UTC).

6. In these Terms, the names of laws and regulations shall refer to the names of Japanese laws and regulations, unless otherwise stated.

7. The language used when the Company provides the Service, with the exception of where separately allowed by the Company, shall be English.

Article 2 (Amendment of these Terms and the User Manual)

1. The Company may amend the content of these Terms and the User Manual as necessary, pursuant to the provisions of this Article. In such case, the amended version of these Terms and the User Manual shall apply from the amendment date. It should be noted that changes to the fee schedule shall be handled pursuant to the provisions of Article 23.

2. In the event of the Company amending these Terms and the User Manual, a fixed notice period shall be set, and the User shall be notified by the method prescribed in Article 4. Furthermore, in the event of the Company not receiving a notification from the User within the notice period stating their intent to terminate the User Agreement, the Company shall deem that the User has consented to the amended content.

3. Notwithstanding the provisions of Paragraph 2, in the event that it can be reasonably determined that the amended content of these Terms and the User Manual would not cause any essential disadvantage to the User, the Company may amend these Terms and the User Manual without issuing the notice set forth in Paragraph 2.

Article 3 (Definitions)

The definitions of the terms used in these Terms, with the exception of where otherwise prescribed in these Terms, shall be as set forth below:

Term

Definition

Service

The “Labellio” image recognition model creation service provided via the internet based on the provisions of these Terms and the User Manual.

User Manual

The manual created by the Company that prescribes the conditions for the provision of the Service, and other matters such as the usage method of the Service, in conjunction with the content of these Terms.

User Agreement

The manual created by the Company that prescribes the conditions for the provision of the Service, and other matters such as the usage method of the Service, in conjunction with the content of these Terms.

User

A person that wishes to use, or is using, the Service based on these Terms.

Account

The user ID and password used by the User in order to authenticate the User.

User Content

Content such as photographs and images that are uploaded, displayed, or transmitted, etc., on the Service by the User.

Service Fee

The fee paid for use of the Service.

Service Fee, Etc.

The Service Fee, other costs that arise in relation to the use of the Service, and other payment obligations borne by the User to the Company.

Electronic Communication Equipment, Etc.

A collective term for the electronic equipment and electronic devices used for electronic communications (including computers, and software-related devices), electronic communication lines, and the communication network environment, etc., composed of a combination of these.

Company Equipment

A collective term for the Electronic Communications Equipment, Etc., prepared by the Company for the provision of the Service by the Company.

User Equipment

A collective term for the server device and cloud instances, etc., owned by the User.

Article 4 (Notification and Communication)

1. Notifications from the Company to the User and communications in cases where it is deemed necessary for the Company to pass on information to the User, with the exception of where otherwise prescribed, shall be performed by a post on Twitter, the sending of an email, or a message posted on the dedicated website for the Service. Furthermore, in regard to the content notified or communicated by the Company to the User, this shall enter into effect at the time it is posted on Twitter alongside either the sending of an email or the posting of a message on the dedicated website for the Service.

2. The email prescribed in Paragraph 1 shall be performed by the transmission of an email from the Company‘s email address to the email address of the User registered under the User Information set forth in Article 7. In addition, the language used for such emails, with the exception of where otherwise allowed by the Company, shall be English or Japanese. The User shall maintain an environment where they can correctly receive and review such emails, at their own cost and responsibility.

3. In the event of the Company notifying or contacting the User by email, even if said notification or communication does not reach the User, or the content of said email cannot be displayed correctly, with the exception of cases caused by the wilful intention or gross negligence of the Company, the Company shall not bear any responsibility for damage caused due to such non-receipt or inability to correctly display.

4. In the event of the User making an inquiry or other communication to the Company, with the exception of where otherwise prescribed, this shall be performed via the chat service within the Service. In addition, in regard to the languages that can be used for this, with the exception of where otherwise allowed by the Company, these shall be English and Japanese, and if another language is used for communication, the Company shall not bear any responsibility to respond to such communication within the range permitted by law.

Chapter 2 - User Agreement

Article 5 (User Application)

1. In the event of wishing to use the Service, the User shall file an application for use pursuant to the procedures set forth by the Company, upon approving the content of these Terms and the User Manual posted on the Service’s dedicated website.

2. In the event of the User filing an application for use, the User shall be deemed to have consented to the content of these Terms and the User Manual without objection, and the Company shall perform the procedures relating to the Service with the understanding that the User comprehends and approves, without objection, to the content of these Terms and the User Manual.

Article 6 (Establishment of a User Agreement)

1. A User Agreement shall be established upon the filing of an application for use by the User based on the preceding Article, and the completion of the user information registration of Article 7 in accordance with the procedures set forth by the Company.

2. When filing an application for use, the User shall accurately provide the information required for the registration of user information.

3. The Company may refuse an application for use in the event of any of the following items being applicable. In addition, the Company may terminate the User Agreement at any time, in the event of discovering that any of the following items are applicable after the establishment of a User Agreement:

(1) The Company determining that there is a falsehood, incorrect information, or omission in the content of the application;

(2) The Company determining that the application has been filed with the intent of performing an act of nuisance or a criminal act;

(3) The Company determining that the Service Fee, Etc., has not been paid, or there being a concern that this may become the case;

(4) The Company determining that there is a concern of the User neglecting to fulfill their obligations under the contract with the Company, such as having neglected to perform contractual obligations with the Company in the past;

(5) The Company determining that the User may cause nuisance or other negative effect to other Users;

(6) The Company separately prescribing countries to which the Service will not be provided, in cases where the User resides in such a country;

(7) The Company determining that technical or business hindrance may be caused in the provision of the Service;

(8) The User not being allowed to use the settlement service prescribed in Article 22 Paragraph 2;

(9) The User being a minor, adult ward, person under curatorship, or a person determined to require assistance under the provisions of Article 17 Paragraph 1 of the Civil Code, and the consent, etc., to the application for use not having been obtained by the statutory agent, guardian, curator, or assistant thereof, or if the Company deems that the User is in a similar situation in a country other than Japan; or

(10) The Company determining that the execution of a User Agreement would not be appropriate

4. The User may use the Service from the time that the User Agreement is established.

Article 7 (Registration of User Information)

1. In order to use the Service, the User shall be required to register for an account using a Google account or GitHub account that has been truthfully registered by the User, and to maintain the respective account during the entirety of the User Agreement. The User, when filing an application to use the Service, shall provide to the Company their account information for either of such accounts (the “User Information”), in accordance with the procedures set forth by the Company, and the registration of User Information shall be completed upon the completion of said procedures.

2. The Company shall not bear any responsibility for any damage caused by the User failing to provide accurate User Information pursuant to the provisions of Article 6 Paragraph 2.

Chapter 3 - Use and Provision of the Service

Article 8 (Content & Usage Period of the Service)

1. Detailed information on the content of the Service is prescribed in the User Manual. The Company may amend the content of the Service in accordance with the provisions of Article 2 Paragraphs 2 and 3. It should be noted that the usage plans for the Service are comprised of a free plan and a paid plan.

2. The usage period of the Service (the “Usage Period”) shall be from the day on which registration of the User Information under Article 7 is completed until the end of the month of such date. Furthermore, with the exception of where the User has changed his/her usage plan pursuant to Paragraph 3 of this Article or has terminated the User Agreement in accordance with Article 35 by no later than the final day of the current Usage Period, the Usage Period shall automatically extend for a further month under the same plan, and subsequent renewals shall be handled in the same manner.

3. The User, in the event of wishing to change the usage plan during the Usage Period, shall notify the Company of this in accordance with the procedures set forth by the Company. In such a case, the usage plan shall be changed from the 1st day of the following month after the procedures set forth by the Company are completed. However, in the event of changing from the free plan to the paid plan, the paid plan service may be used free of charge in the period from the completion of the procedures until the final day of that month. In addition, even in the event of changing from a paid plan to a higher level paid plan during use, in the period from the completion date of the procedures until the final day of that month, the changed paid plan may be used without the payment of the service fee for said plan.

Article 9 (Use of the Service)

1. The Company shall provide the Service to eligible Users who access the server constructed by the Company via the internet.

2. Users may access the server constructed by the Company via the internet, and may use the Service in accordance with the provisions of these Terms and the User Manual.

Article 10 (Hours of Provision)

The User may use the Service at any time, except where the Company has suspended or restricted provision of the Service based on these Terms, or where separately prescribed in the User Manual.

Article 11 (Account Management)

1. The User shall carefully manage their Account at their own responsibility, and shall take full measures to ensure that neither the Company nor any third party suffers damage due to any unauthorized use thereof.

2. The use of the Service performed through the Account shall be deemed in its entirety to have been performed by the User, regardless of the presence or absence of the approval or knowledge of the User, and the User shall bear full responsibility for the results of such acts. It should be noted that the User shall bear responsibility for all damage caused by any unauthorized access.

3. The User shall immediately inform the Company in the event of their Account being used by a third party without authorization.

4. The Company shall not bear responsibility for any damage caused by the leakage or unauthorized use, etc., of an Account.

5. The User shall compensate the Company for all damage incurred by the Company as a result of any leakage or unauthorized use, etc., of such User’s Account.

Article 12 (Setting and Maintenance, Etc., of User Equipment)

1. The User shall, at his/her own responsibility and expense, set up and maintain the necessary User Equipment and other environments that are required for the use of the Service, pursuant to the conditions prescribed by the Company.

2. In the event of there being a defect in the User Equipment or the equipment or environment for the use of the Service (excluding Company Equipment), the User shall resolve said defect at his/her sole responsibility.

3. The Company may supervise, analyze, survey, and perform other necessary acts in regard to the data provided and transmitted by the User on the Service, in the event of reasonably deeming it necessary for the maintenance, operation, or a technical need connected to the Service.

Article 13 (User Content)

1. The User shall warrant, in regard to the User Content uploaded, displayed, or transmitted, etc., by the User on the Service, that the User holds all rights required for such acts, or has obtained consent or a license from the rights holder.

2. The User shall license, pledge, and warrant the matters set forth in each of the following items to the Company, in regard to the User Content:

(1) The Company may use the same free of charge within the range necessary for the provision of the Service (including, but not limited to, usage and the creation of copies, modifications, or derivative works); and

(2) The User holds all rights required for the licensing under Item 1, or has obtained the necessary consent or a license from the rights holder

Article 14 (Use of Collected Data)

1. All rights relating to data collected by the Service (excluding the User Content, hereinafter, the “Collected Data”) shall be attributable to the Company. The Company may, at its sole discretion, use the Collected Data (including any reproduction, translation, or alteration of the Collected Data, the creation of statistical materials, etc., based on the Collected Data, and the provision of Collected Data while taking necessary measures within the range necessary for the operation of the Company’s business) within the range reasonably required for the Service, the services relating to the Service, and the operation of the Company’s business.

2. The User shall not assert the moral rights of the author or any other rights against the Company in relation to the Company’s use, at the Company’s discretion, of the Collected Data or materials obtained by processing the Collected Data based on Paragraph 1 of this Article.

Article 15 (Support)

The Company may implement support work for the Service in accordance with the provisions separately prescribed in the User Manual.

Article 16 (Prohibited Matters)

The User must not perform any acts that fall under any of the following items in relation to the use of the Service:

(1) Infringement of an intellectual property right such as copyright, trademark right, or patent right of the Company or a third party (referring to both those within and outside of Japan), or an act which causes suspicion of the same;

(2) Infringement of the proprietary, privacy, portrait rights, or other rights of the Company or a third party, or an act which causes suspicion of the same;

(3) The use of slander, discrimination, or insults against the Company or a third party, the encouragement of discrimination against the Company or a third party, an act that damages the honor or goodwill of the Company or a third party, or an act which causes suspicion of the same;

(4) An act that constitutes a crime under the laws of Japan or laws that are applicable to the User (including laws that the Company judges to be applicable, and including the ordinances and regulations attached to such laws; hereinafter the same shall apply), such as fraud, abuse of regulated drugs, child prostitution, illegal trading of savings accounts, cell phones, and smartphones, or an act which causes suspicion of the same;

(5) Uploading, displaying or transmitting, etc., photographs, images, or documents, etc., depicting obscenity, child pornography or child abuse according to the laws of Japan or laws applicable to the User;

(6) Causing hindrance to the equipment, devices, and systems, etc., of the Company, such as unauthorized access to or the attacking of Company Equipment, or an act which causes suspicion of the same;

(7) Reverse engineering, decompiling, disassembling of the Service and Company Equipment, or other acts that are prohibited by the Copyright Act, other laws of Japan, and other laws that are applicable to the User;

(8) Using the Service by a method or in a form that causes hindrance to the communications of a third party, or an act which causes suspicion of the same;

(9) Uploading, displaying, or transmitting, etc., a harmful computer program, etc., such as a virus;

(10) An act that hinders the provision of the Service by the Company, or an act which may otherwise cause hindrance;

(11) Uploading, displaying, or transmitting, etc., or transmitting to an unspecified number of people, cruel information such as the scene of a person’s murder, information such as videos depicting cruelty to animals, or other nuisance materials that cause anxiety to others based on social norms, or information that may be regarded as this;

(12) Using the Service while impersonating a third party;

(13) Allowing a third party other than the User to use the Service;

(14) An act that causes nuisance to another User or third party, a socially reprehensible act, or an act which causes suspicion of the same;

(15) An act that violates the laws of Japan or a law applicable to the User, or an act which causes suspicion of the same; or

(16) Any other act that the Company deems to be inappropriate for a User of the Service

Article 17 (Suspension or Restriction of Provision of the Service due to Unavoidable Reasons)

1. The Company may suspend or restrict the provision of the Service in the event of any of the following items being applicable, in the period until said reason is resolved and the Company can resume provision of the Service. Furthermore, the Company shall not, with the exception of where otherwise prescribed by the Company, take any measures regarding the Service Fee for the period during which the Service was suspended or restricted under this Article, such as exempting the User from payment or reducing the amount:

(1) Maintenance being performed on Company Equipment;

(2) An electronic communications provider other than the Company suspending the provision of electronic communications services;

(3) It being deemed necessary to suspend the provision of the Service, due to technical reasons, or reasons associated with the Company Equipment or the operation of the Service;

(4) It becoming impossible to provide the Service due to accident such as fire or power outage;

(5) It becoming impossible to provide the Service due to human causes such as war, rioting, or civil unrest;

(6) It becoming impossible to provide the Service due to natural disaster such as earthquake, volcanic eruption, flood, or tsunami

(7) It being requested based on the law by any national, provincial, state or federal government authority, etc.; or

(8) It becoming impossible to provide the Service due to other reasons that are not attributable to the Company

2. In the event of a natural disaster or other extraordinary situation occurring, or there being a concern that such an event may occur, the Company may suspend the provision of the Service in order to prevent disaster, or to ensure the supply of aid, traffic, telecommunications or power, or to prioritize electronic communications with content on necessary matters for the maintenance of order, or electric communications with content on urgent matters that are required for the public interest.

3. In the event of suspending or restricting the provision of the Service pursuant to the provisions of Paragraphs 1 and/or 2 of this Article, the Company shall notify the User in advance of the reason and timing of said suspension or restriction, provided that, in the case of unavoidable emergency, the provision of the Service may be suspended immediately without the issuance of a notification to the User.

4. The Company shall not bear any responsibility to the User, even in the event of the User incurring any form of damage due to the suspension or restriction of the provision of the Service under Paragraph 1 of this Article.

Article 18 (Suspension of Provision of the Service)

1. The Company may suspend the provision of the Service in the event of the User falling under any of the following items, for the period until said matter has been resolved and the Company is able to resume provision of the Service. Furthermore, the User shall not be waived of the obligation to pay the Service Fee by this Article, even in the event of the Company suspending the provision of the Service:

(1) The Company discovering that the User has performed an act prescribed as a prohibited act in the items of Article 16;

(2) The Service Fee, Etc. not having been paid, despite the payment deadline having passed, or the User entering into bankruptcy or there being any other significant change or concern about the User’s assets or credit standing;

(3) The User using the Service or another service of the Company to cause hindrance to a service operated by the Company or another User;

(4) The User, while using another service of the Company, causing a ground for suspension of provision of said service;

(5) The provision of false information to the Company being discovered in relation to the User Agreement;

(6) The User becoming unable to settle via the Settlement Service prescribed in Article 22 Paragraph 2, or a concern that this may become the case; or

(7) In other cases where an act suspected of being an act falling under, or similar to an act falling under, any of the preceding items is performed, or if the Company discovers a violation of the provisions of these Terms or the User Manual

2. The Company, in the event of suspending the provision of the Service pursuant to the provisions of Paragraph 1 of this Article, shall notify the User in advance of the reason and timing of said suspension, provided that, in the case of an unavoidable emergency, the Company may suspend the provision of the Service immediately without the issuance of a notification to the User.

3. The Company shall not bear any responsibility to the User, even in the event of the User incurring any form of damage due to the suspension of the provision of the Service under Paragraph 1 of this Article.

Article 19 (Pause or Abolition of the Service)

1. The Company may pause or abolish all or part of the Service by providing at least thirty (30) days’ prior notice to the User.

2. The Company shall not bear any responsibility to the User, even in the event of the User incurring any form of damage due to the pausing or abolition of all or part of the Service.

3. In the event of all or part of the Service being paused or abolished, effective User Agreements at that time shall be ended within the range of the pause or abolition of all or part of the Service.

Chapter 4 - Service Fees

Article 20 (Service Fee)

1. Users on paid plans shall pay the Service Fee for the Usage Period to the Company based on the provisions of these Terms and the User Manual. However, the Service under a paid plan may be used free of charge in the period from the month that use is commenced (also including the month that a change is made from a free plan to a paid plan) until the final day of that month.

2. Detailed information on the Service Fee is prescribed in the User Manual and the fee schedule. Furthermore, in regard to the fee amount, users residing within Japan shall select the application of an amount set in Japanese yen, and users residing outside of Japan shall select the application of an amount set in USD, and shall bear the obligation for said applicable amount.

3. The Company shall not provide any refunds to the User of Service Fees that have been received, even in the event of a change, etc., of service plan due to the circumstances of the User, with the exception of where there is willful misconduct or gross negligence on the part of the Company.

Article 21 (Calculation of Service Fee)

The Service Fee shall be calculated in accordance with the provisions of the User Manual and the fee schedule.

Article 22 (Service Fee Payment Method)

1. The User shall pay the Service Fee for each given month calculated in accordance with the provisions of Article 21 by the method set forth in Paragraph 2 of this Article.

2. The payment method of the Service Fee shall be via the settlement service provided by PayPal Pte. Ltd. (including settlement by a credit card approved by PayPal Pte. Ltd.), and the Service Fee for each given month shall be settled automatically at 0:00 am on the first day of such month.

3. The User shall pay the Service Fee in adherence with the User Terms of Use, etc., between the User and PayPal Pte. Ltd. Furthermore, in the event of any dispute occurring between the User and PayPal Pte. Ltd. or a credit card company, such dispute shall be resolved between the parties concerned, and the Company shall not bear any responsibility, with the exception of where there is willful misconduct or gross negligence on the part of the Company.

4. In the event of the Service Fee for a given month not being settled at 0:00 am on the first day of such month, the User shall be required to complete an individual settlement (referring to individual settlement processing for each user; hereinafter the same shall apply) by no later than 0:00 am on the sixth day of the month (the “Individual Settlement Deadline”) in order to continue use of the paid plan. The User shall be required to notify the Company via the chat service within the Service upon revising the settlement information, in order to ensure that individual settlement can be performed by the Individual Settlement Deadline.

5. In the event of an individual settlement not being performed by the Individual Settlement Deadline, the User will become unable to use the paid plan from the day of the Individual Settlement Deadline. In addition, even in the event of the notification of the preceding Paragraph having been performed by the Individual Settlement Deadline, in cases such as where the Individual Settlement Deadline is a day on which the Company is closed, such as a Saturday, Sunday, or national holiday, due to the Company’s processing procedures, the completion of the individual settlement may fall after the Individual Settlement Deadline. In such a case, the User will become unable to use the paid plan until the individual settlement has been completed. Furthermore, the Company shall not bear any responsibility even if the User incurs any damage due to having become unable to use a paid plan.

6. The Company shall not issue an invoice or receipt in relation to the Service.

Article 23 (Review of Service Fee)

The Company may change the Service Fee at any time by providing at least thirty (30) days’ prior notice to the User.

Chapter 5 - Responsibility, Etc.

Article 24 (Limitation of Warranty and Liability)

1. THE COMPANY SHALL PROVIDE THE SERVICE TO THE USER IN ACCORDANCE WITH THE PROVISIONS OF THESE TERMS AND THE USER MANUAL. IT SHOULD BE NOTED IN REGARD TO THE COMPANY EQUIPMENT PREPARED BY THE COMPANY, THAT MATTERS SHALL BE DETERMINED IN ACCORDANCE WITH THE CONDITIONS OF THE MANUFACTURER, AND THAT THE COMPANY SHALL NOT BEAR ANY RESPONSIBILITY OR MAKE ANY WARRANTIES OUTSIDE OF THOSE PRESCRIBED BY THE MANUFACTURER.

2. THE COMPANY SHALL NOT BEAR ANY RESPONSIBILITY OR MAKE ANY WARRANTIES OUTSIDE OF THOSE EXPLICITLY SET FORTH IN THESE TERMS, EVEN IN THE EVENT OF THE USER INCURRING ANY DAMAGE DUE TO THE USE OF THE SERVICE.

3. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS 1 AND 2 OF THIS ARTICLE, THE COMPANY SHALL NOT BEAR ANY RESPONSIBILITY IN THE EVENT OF THE USER BECOMING UNABLE TO USE THE SERVICE DUE TO ANY OF THE GROUNDS PRESCRIBED IN THE FOLLOWING ITEMS:

(1) THE COMPANY HAVING SUSPENDED OR RESTRICTED PROVISION OF THE SERVICE PURSUANT TO ARTICLE 17 OR ARTICLE 18;

(2) THE COMPANY HAVING TERMINATED THE USER AGREEMENT DUE TO THE USER HAVING FALLEN UNDER A GROUND PRESCRIBED IN ARTICLE 36 PARAGRAPH 1;

(3) A MALFUNCTION IN THE INTERNET CONNECTION SERVICE FOR CONNECTION TO THE COMPANY EQUIPMENT, OR OTHER FAILURE WITH THE USER EQUIPMENT;

(4) DAMAGE CAUSED BY THE PERFORMANCE OF THE INTERNET CONNECTION SERVICE, SUCH AS THE RESPONSE TIME FROM THE COMPANY EQUIPMENT;

(5) A VIOLATION OF THE PROCEDURES FOR USE OF THE SERVICE OR THE SECURITY PROCEDURES, ETC., PRESCRIBED BY THE COMPANY;

(6) INFECTION OF THE COMPANY EQUIPMENT BY A TYPE OF COMPUTER VIRUS THAT IS NOT SUPPORTED BY INDUSTRY STANDARD COMPUTER ANTIVIRUS SOFTWARE THAT HAS BEEN INTRODUCED BY THE COMPANY;

(7) DAMAGE CAUSED BY UNAUTHORIZED ACCESS OR ATTACK BY A THIRD PARTY ON COMPANY EQUIPMENT, OR INTERCEPTION ON COMMUNICATION LINES, ETC., THAT COULD NOT HAVE BEEN PREVENTED DESPITE HAVING PAID THE DUTY OF CARE OF A PRUDENT MANAGER;

(8) DAMAGE CAUSED BY A DEFECT IN THE ELECTRONIC COMMUNICATION SERVICE PROVIDED BY AN ELECTRONIC COMMUNICATIONS COMPANY, INCLUDING LINE ERROR;

(9) RESPONSE BASED ON COMPULSORY EXECUTION OR OTHER REQUIREMENT MADE BY ANY NATIONAL, PROVINCIAL, STATE, OR FEDERAL GOVERNMENT AUTHORITY INSIDE OR OUTSIDE OF JAPAN, BASED ON THE PROVISIONS OF THE APPLICABLE LAW; OR

(10) OTHER GROUNDS THAT ARE NOT ATTRIBUTABLE TO THE COMPANY

Article 25 (Compensation for Damage)

THE USER AND THE COMPANY MAY, UPON CONSULTATION WITH THE OTHER PARTY, CLAIM COMPENSATION AGAINST THE OTHER PARTY FOR ORDINARY AND DIRECT DAMAGE INCURRED AS A RESULT OF ANY DAMAGE BEING INCURRED FOR REASONS ATTRIBUTABLE TO THE OTHER PARTY IN REGARD TO THE USE OF THE SERVICE BY THE USER AND THE PERFORMANCE OF THE USER AGREEMENT. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY TO THE USER SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO ONE MONTH’S SERVICE FEE FOR THE USAGE PERIOD IN WHICH THE DAMAGE OCCURRED.

Article 26 (Disclaimer and Non-warranty)

1. THE COMPANY SHALL NOT MAKE ANY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, EFFECTIVENESS OF A FUNCTION OR RESULT, SERVICE QUALITY, SAFETY AGAINST THREATS, MERCHANTABILITY, COMPLETENESS, ACCURACY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND CONSTANT PROVISION OF THE SERVICE, ETC.), IN REGARD TO THE PROVISION OF THE SERVICE TO THE USER, REGARDLESS OF WHETHER EXPLICIT OR IMPLIED.

2. THE WARRANTIES AND INDEMNITY OF THE COMPANY TO THE USER ARE TO THE EXTENT OF THE CONTENT OF ARTICLES 24 AND 25, AND THE COMPANY SHALL NOT BEAR ANY RESPONSIBILITY FOR DAMAGE INCURRED BY THE USER THROUGH THE USE OF THE SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER IN CONTRACT, TORT, OR OTHERWISE (INCLUDING BOTH THAT OF JAPAN AND OF COUNTRIES OTHER THAN JAPAN).

3. THE COMPANY SHALL NOT BEAR RESPONSIBILITY IN ANY CASE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, DERIVATIVE OR OTHER PUNITIVE DAMAGE INCURRED BY THE USER IN RELATION TO THE USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, PHYSICAL DAMAGE, PROPERTY DAMAGE, LOST PROFITS, DATA LOSS, LOSS OF OPPORTUNITY TO USE, DAMAGE TO GOODWILL, AND OTHER DAMAGE CAUSED BY THE SUSPENSION OF BUSINESS OR OTHER SIMILAR DAMAGE).

4. IN REGARD TO DISPUTES, ETC., THAT ARISE WITH ANOTHER USER OR THIRD PARTY INSIDE OR OUTSIDE OF JAPAN IN RELATION TO THE USE OF THE SERVICE BY THE USER, SAID USER SHALL RESOLVE THE SAME AT HIS/HER OWN RESPONSIBILITY AND EXPENSE, AND THE COMPANY SHALL NOT BEAR ANY RESPONSIBILITY.

Article 27 (User Responsibility)

1. The User shall bear full responsibility and expense for the use, application, processing, operation and transfer, etc., of the results and effects caused by the use of the Service, and the Company shall not bear any responsibility in regard to acts performed by the User against said results and effects.

2. In the event of any dispute, etc., arising with another User or third party in relation to the use of the Service, regardless of the reason therefor, the User shall resolve said dispute, etc., at his/her own responsibility and expense, and shall not cause any damage to the Company.

3. Notwithstanding the provisions of Paragraph 2 of this Article, the User shall compensate the Company for damage in the event of causing damage to another User or third party through the use of the Service, and the Company incurring damage as a result of this.

Chapter 6 - General Provisions

Article 28 (Assignment, Etc., of Positions Under the User Agreement)

1. The User must not assign or loan, etc., to a third party their position under the User Agreement or all or part of the rights or obligations under these Terms, without obtaining the prior written consent of the Company.

2. The Company may, in the event of transferring business relating to the Service to a third party, assign its position under the User Agreement, the rights and obligations under these Terms, the User registration information, and other information of the User to the transferee of said business in conjunction with said transfer of business, and the User gives prior consent to such transfer based on this Paragraph. Furthermore, in addition to a typical business transfer, the business transfer prescribed in this Paragraph shall also include corporate splits and all other forms of business transfer.

Article 29 (Business Outsourcing)

The Company may outsource part of the business relating to the provision of the Service to a third party specified by the Company (the “Subcontractor”), at the Company’s responsibility.

Article 30 (Compliance with Relevant Laws, Etc.)

The User shall adhere to relevant laws, instructions of relevant authorities, and fair business practice, shall act in accordance with requests from the Company for the smooth operation of the Service in good faith, and shall provide the cooperation required by the Company.

Article 31 (Handling of Confidential Information)

1. In the event of being disclosed confidential information by the other party, the User and the Company shall not disclose or leak said confidential information to a third party without obtaining the prior written consent of the other party. However, information that falls under any of the following items shall not constitute confidential information:

(1) Information that was already held at the time of receipt;

(2) Information legitimately obtained from a third party without bearing an obligation of confidentiality;

(3) Information that was independently developed without use of the information provided by the other party; and

(4) Information that has become publicly known before or after receipt other than due to a violation of these Terms.

2. Notwithstanding the provisions of Paragraph 1 of this Article, the User and the Company may disclose confidential information that is required to be disclosed based on the law to the applicable party based on the provisions of said law. In such case, the User and the Company shall notify the other party of the disclosure prior to making said disclosure, to the extent that doing so would not violate any relevant law, and if notification prior to disclosure cannot be performed, notice shall be given promptly after disclosure.

3. The party that receives confidential information shall take necessary and reasonable measures for the management of said confidential information.

4. The party that receives confidential information shall use the confidential information received from the other party solely within the range of the objective of the use or provision of the Service, and may duplicate, translate, or modify such confidential information within the range necessary for the use or provision of the Service. In such case, the User and the Company shall also handle such duplicated, translated, or modified confidential information as confidential information prescribed in this Article.

5. Notwithstanding the provisions of Paragraphs 1 to 4 of this Article, in the event of it being deemed necessary by the Company, the Company may disclose confidential information to the Subcontractor to the extent necessary for the performance of the subcontracted work. In such case, the Company shall impose on the Subcontractor an obligation of confidentiality equivalent to that borne by the Company under this Article.

Article 32 (Handling of Personal Information)

The Company shall handle personal information in compliance with the Privacy Policy (https://www.labell.io/privacy/) posted by the Company on its website. The Company may transfer the User’s personal information to servers located in Japan or other countries worldwide which provide for a different level of data protection from in the country where the User resides. By using, and continuing to use the Service, the User agrees to that transfer.

Article 33 (Handling of Intellectual Property Rights)

1. All copyright (including the rights prescribed in Articles 27 and 28 of the Copyright Act of Japan or other laws equivalent in other jurisdiction; hereinafter the same shall apply) and all other intellectual property rights (including rights relating to trademarks, service marks, and know-how; hereinafter the same shall apply) for all content (including documentation provided by the Company, if any) held by the Company (including the Subcontractor) for the provision of the Service, and all copyrighted work created over the course of the provision of the Service (including all data and programs in progress created over the course of the provision of the Service), shall be attributable to the Company. Intellectual property rights relating to image recognition models that are obtained as a result of use of the Service shall be attributable to the User.

2. The User must not duplicate, publish or broadcast any information obtained through the use of the Service, or perform any other similar such action, and must not allow a third party to perform such an action, without obtaining the consent of the Company or the rights holder with legitimate authority over said information; provided, however, that this shall not apply to the use of image recognition models obtained through the use of the Service prescribed in the proviso of Paragraph 1 of this Article.

Article 34 (Elimination of Anti-Social Forces)

1. The User represents and warrants that he/she does not and will not fall under any of the following items:

(1) Being an organized crime group, a member of an organized crime group, a quasi-member of an organized crime group, a stakeholder or company affiliated with an organized crime group, an extortionist, a social or political racketeer, terrorist, or any other antisocial force (collectively, “Anti-Social Force”);

(2) Being a corporate entity, etc., in which an Anti-Social Force is substantially involved in its management;

(3) Being in a relationship where the User provides funds or convenience, etc., to an Anti-Social Force; or

(4) Being in a socially reprehensible relationship with an Anti-Social Force

2. The User represents and warrants that he/she does not and will not perform any act falling under any of the following items, either by itself or through a third party:

(1) Conducting a violent demand or an unreasonable demand that exceeds legal responsibility;

(2) Using threatening words, deeds, or power;

(3) Using the spreading of rumors, deception, or force to cause damage to the goodwill or hindrance to the business of the Company; or

(4) Other acts equivalent to each of the preceding items

Article 35 (Termination of User Agreement)

1. In the event of wishing to terminate the User Agreement, the User shall notify the Company thereof by the method prescribed by the Company by no later than the final day of the month in which termination is desired (referring to the final month of use).

2. In the case of Paragraph 1 of this Article, the User Agreement shall remain in place, even after termination, until all obligations of the User that occurred prior to the termination of the User Agreement have been completed.

3. Even in the event of the User Agreement being terminated by the User during the effective period based on Paragraph 1 of this Article, the Company shall not bear the obligation to refund any Service Fee that has already been paid.

Article 36 (Loss of Benefit of Time and Termination of User Agreement)

1. In the event of any of the following items being applicable, the User shall immediately lose the benefit of time as a matter of course for the obligations the User bears to the Company, and shall bear the responsibility to immediately perform said obligations:

(1) Falling under any of the items of Article 16 or Article 18 Paragraph 1;

(2) Engaging in gross negligence or treachery;

(3) A petition for provisional seizure, seizure, commencement of auction proceedings, bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation being filed in relation to the User, or the Company determining that there is a situation equivalent to these in a country outside of Japan;

(4) A resolution of dissolution or abolition of business being made;

(5) A bill or check drawn or underwritten in the User’s name being dishonored even once, or any other significant change in the User’s assets, credit, or payment capacity, or the Company deeming that there is a reason to believe that this may become the case;

(6) The Company incurring significant damage due to willful misconduct or negligence on the part of the User;

(7) A violation of any of the provisions of these Terms (excluding Article 34) or the User Manual, and the same not being rectified despite the Company issuing a request for rectification in which a reasonable period of time is prescribed;

(8) The Company deeming that a major ground has arisen that makes the continuation of the User Agreement difficult;

(9) A violation of a provision of Article 34; or

(10) The Company determining that there is a situation equivalent to any of the preceding items in a country outside of Japan

2. The Company may immediately terminate all or part of the User Agreement in the event of the User falling under any of the items of Paragraph 1 of this Agreement. It should be noted that the provisions of this Paragraph shall not hinder the Company’s right to claim compensation for damage against the User.

Article 37 (Safe Export Control)

The User bears the responsibility to adhere to all export related laws and regulations of Japan and any other national, provincial, state or federal laws and regulations which are applicable to the User Content and the data, etc., obtained through the use of the Service. The User must not violate applicable laws and regulations, including the Japanese and any national, provincial, state or federal export control laws, regulations, and related orders, etc., by exporting the data obtained from the access to the Service or use of the Service to a country that requires a government or export permit or other government approval at the time of export without obtaining such permit or approval.

Article 38 (Surviving Clauses)

1. The following clauses shall remain in effect even after the User Agreement has ended:

(1) Article 1 Paragraphs 2 and 4;

(2) Article 4 Paragraph 3;

(3) Article 5 Paragraph 2;

(4) Article 7 Paragraph 4;

(5) Article 11 Paragraphs 2, 4, and 6;

(6) Article 13;

(7) Article 14;

(8) The proviso of Article 17 Paragraph 1, Paragraph 4;

(9) The proviso of Article 18 Paragraph 1, Paragraph 3;

(10) Article 19 Paragraph 2;

(11) The proviso of Article 22 Paragraph 3, 5, and 6;

(12) Articles 24 to 28;

(13) Articles 31 to 33;

(14) Article 35 Paragraphs 2 and 3;

(15) Article 36 Paragraph 2;

(16) Article 37;

(17) This Article; and

(18) Articles 39 to 42

2. The effective period of the obligation of confidentiality under Article 31 shall be limited to three (3) years after the ending of the User Agreement.

Article 39 (Measures Upon the Ending of the User Agreement and the Changing of Plans)

1. In the event of the User Agreement coming to an end, the Company may, at its discretion, discard the User Information and Collected Data at any time, and shall not bear any obligation in regard to such information after the ending of the User Agreement. In addition, in the event of the User Agreement coming to an end, the Company shall not bear any responsibility to save the User content or other User information.

2. In the event of the User changing from a paid plan being used to a lower level paid plan, the Company may discard the Collected Data on the previous paid plan, with the exception of the Collected Data which can still be used after the plan change, and shall not bear any obligations after the change of plan for such discarded information. In addition, the Company shall not bear any responsibility after the plan change to save User Content and other User Information on the paid plan before the change.

3. The Company shall not bear any responsibility to the User even if the User incurs damage due to the discarding of User Information and Collected Data pursuant to Paragraph 1 or Paragraph 2 of this Article.

Article 40 (Separability)

Even in the event of any of the clauses of these Terms, or a part thereof, being judged to be invalid or non-enforceable under the Consumer Contract Act or other laws and regulations of Japan or any other applicable national, provincial, state or federal laws and regulations in the place where the User resides, all provisions of these Terms other than those deemed invalid or non-enforceable shall continue to remain in full force and effect.

Article 41 (Governing Law)

The governing law of these Terms and the User Agreement shall be the laws of Japan, and these Terms and the User Agreement shall be construed in accordance with the laws of Japan.

Article 42 (Resolution of Disputes)

1. In the event of a dispute, or an objection regarding any matter not agreed, arising in regard to the User Agreement, the Company and the User shall resolve this upon consultation in good faith.

2. The Tokyo District Court shall be the agreed-upon court of exclusive jurisdiction in the first instance for all disputes caused by or relating to the User Agreement in the case that the User files litigation against the Company. In the event of the Company filing litigation against the User, in addition to the court that has jurisdiction under the law of the respective country, litigation may also be filed with the Tokyo District Court, and in addition, at the Company’s discretion, instead of filing litigation with the courts, resolution may be performed by arbitration performed in accordance with the commercial arbitration rules of the Japan Commercial Arbitration Association in Tokyo, Japan; and the User agrees to this. Such arbitration shall be performed by one (1) arbitrator selected by the Company, and the language of the arbitration proceedings shall be Japanese. The ruling in said arbitration shall not carry the right of appeal, and shall be binding on the User and the Company.

End

Effective as of December 25, 2017