Thank you for using TeraScan! The following terms and conditions (hereinafter referred to as this "Agreement") constitute a valid, legally binding agreement made between you and us. This Agreement stipulates your legal rights and responsibilities when you use our websites and applications(collectively, “Our Services”), so please review this Agreement carefully before you use Our Services.
You may use our services only if you agree to form this binding agreement with us and are not a person barred from receiving services under the laws of the applicable jurisdiction.
Introduction of the Service
1. This Service is a mobile application developed and distributed by the Company. It is an application that uses the mobile device's camera to take an image and scan the captured image based on artificial intelligence technology. The Company provides this Service as a mobile program that can be downloaded and run on a mobile device.
2. You may use the Services only as permitted by applicable law, including export control laws and regulations. You must be at least 16 years old (or older, depending on where you live) to use the Services. Further, if you are a minor, you confirm that you have obtained parental consent to use the Services.
3. The Company may modify and update this Service or software (partly or entirely) at any time.
Your Account
When using certain features of TeraScan, you may be required to create an account. Upon creating an account, you must provide accurate and up-to-date information. It is crucial to maintain and promptly update your details and any other information you provide to us to ensure that such information remains current and complete. You are responsible for keeping your account and password confidential and must not disclose or share them with any third parties. You must not share your account and password in any manner or with any individual. You are fully responsible for all activities that occur under your account, and any information uploaded, produced, shared, or any actions taken through your account are considered your own actions. If you already have a TeraBox account, you may also use it to log in to TeraScan, and we may associate your account accordingly.
Use Our Services
1. you possess any and all necessary rights and authorizations to enter into this Agreement, and the conclusion and performance of this Agreement do not violate any agreement signed by and between you and a third party, or infringe upon any third-party rights, nor violate any applicable laws and regulations.
2. your use of Our Services will not: (i) violate any applicable laws, regulations, policies, common industry practices, or pertinent provisions, guidelines, or common practices in the relevant jurisdictions; and (ii) infringe upon ours or any third party's legal rights (including but not limited to the right of privacy, intellectual property rights, right of reputation, right of portrait, and trade secrets).
If you breach any of the representations, warranties, covenants, or undertakings in this Agreement, we may, (upon our reasonable judgment at our sole discretion, and without prejudice to any other of its rights or remedies in this Agreement or those provided by law) do any or all of the following: (i) stop providing relevant services to you; (ii) suspend the performance of its obligations under this Agreement, and/or (iii) suspend or terminate this Agreement. You shall be liable for any and all losses incurred therefrom upon you.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, Our Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of Our Services or any portion thereof.
Your Content
Certain features of TeraScan you use may need you to upload content, including images, files, and documents (“Your Content”). You hereby grant us a royalty-free, transferable, sub-licensable, worldwide, and irrevocable license to process Your Content as your requirement. You shall be lawful owners of and/or lawfully entitled to use and process Your Content and you retain any copyright and other proprietary rights that you may hold in Your Content that you upload.
You must not upload any Content that is prohibited by any applicable law. We reserve the right to remove Your Content or restrict access to Our Services if any of your Content is found to be in violation of this Agreement.
Intellectual Property Rights
We are the lawful owners of and/or lawfully entitled to use any and all the intellectual property rights (including but not limited to trademarks, copyrights and patents) to our brand and our Software (collectively, "Our Content"). You may use Our Content and/or our intellectual properties, only if you have obtained prior express written consent from us. Without prior express written consent from us, you may not, and shall not assist any third party to: (a) use, reproduce, publish, release, copy, modify, forward, translate, spread, or distribute any Our Content or any part thereof; or (b) lease, lend, sell, sub-license, transfer, or otherwise dispose of any Our Content or any part thereof, or any of your rights relating to Our Content.
You may not, and shall not assist or encourage any third party to, reproduce, reverse engineer, decompile, disassemble, or create any derivative works from our Software, unless otherwise expressly approved by us in writing.
This Agreement does not transfer any intellectual property rights nor give either Party the rights in the intellectual property of the other Party unless otherwise stated in writing.
This Service is protected under the Copyright Act, other laws regarding intellectual property rights, and international agreements on copyrights, and the user is solely responsible for any problems arising from the use of services or service contents in illegal or wrongful manners. These terms and conditions of use do not grant or guarantee the user any license to the contents.
The Company has the right to alter or discontinue the characteristics or functions of the Service to improve the quality of the Service.
Availability of the app, security and accuracy
In order to use the App, you are required to have a compatible mobile phone or tablet, and internet access.
We do not warrant that the App will be compatible with all hardware and software that you may use.
We make no warranty that your access to the App will be uninterrupted, timely, or error-free. Neither does Apple have an obligation whatsoever to furnish any maintenance and support services with respect to the App.
You acknowledge the App is provided via the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.
The version of the App may be upgraded from time to time to add support for new functions and services.
We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.
You also warrant that any information that you submit to us is true, accurate, and complete, and you agree to keep it actual at all times.
You can discontinue using our Services at any time by choosing the relevant option in your phone Account Settings. If you decide not to use the App for any reason you should uninstall the App.
Rights of the user
1. Content refers to all types of materials, such as image files and PDF files, created by the user using the mobile devices in connection with the use of this Service. The user can use the editing functions such as attaching or uploading the Content of the user to this Service to create new files, or modifying and deleting the Content itself. Any content that the user creates and edits while using this Service is called the User's Content.
2. Regarding the User's Content, the user retains the same rights as before the submission and the Company does not acquire this right.
3. Regarding the User's Content, if the Company acknowledges that the user violates or may violate any statutes or these terms and conditions, use of the User's Content in this Service can be restricted.
4. When you use the User's Content, such as creating or editing the User's Content through this service, it is deemed that the user has legally owned all licenses and rights necessary to use the content.
5. The user indemnifies the Company from any compensation of damages, appeals, losses or damages arising from the use of the User's Content.
Disclaimer
We do not provide any explicit or implicit representations or warranties in respect of our service, including but not limited to merchantability, fitness for a particular purpose, accuracy, and non-infringement.
To the maximum extent permitted by law, you understand and expressly agree that our service is provided on an "As-is" And "As available" basis and is subject to change without notice, and you shall assume any and all risks associated with the content and/or information downloaded, obtained, or accessed via our service, as well as the risks of device/data damage and content loss due to the use of our service or any third-party services.
Downloads through online stores
If you download a Service through an Online Store, you will be asked to agree and adhere to the relevant Online Store terms, which will also apply in addition to these Terms of Service. You should read these Online Store terms carefully.
Privacy
In order to provide you with Our Services, we will collect and process your personal data in accordance with the Privacy Policy https://sites.google.com/view/terascan-privacy. Please read the Privacy Policy carefully Personal information of the user collected by the Company in the use of the Service shall be used only for the purposes and within the limits agreed by the user and the Company safely manages the personal information in accordance with the related Personal Information Protection laws. The policies and efforts the Company has established regarding personal information protection can be verified through the Company's personal information processing policy.
Suspension and Termination
This Agreement will apply to your use of Our Service until your access to Our Service is terminated by either you or us. You can stop using our services at any time and you can terminate this Agreement by deleting your account.
We may suspend or terminate your access to Our Services:
1. if we undertake maintenance or support of Our Services;
2. to make changes to Our Service as notified by us to you;
3. if we reasonably believe that you have breached this Agreement;
4. if your use of Our Service creates risk for us or for other users of Our Service, gives rise to a threat of potential third-party claims against us or is potentially damaging to our reputation; and
5. if such suspension or termination is required due to applicable laws.
6. if you uninstall the service (deletion of software). However, the user will be responsible for any problems caused by the user's illegal or unjust use of this Service even after the termination of the contract.
Changes to This Agreement
We may make changes to this Agreement (and any applicable Additional Terms) over time (for example, to reflect technical improvements and changes to Our Service or applicable laws and regulations (for example, to reflect applicable consumer rights), so please come back and review this Agreement regularly.
If we change this Agreement, we will (where reasonably practicable) notify you (on this page or the relevant page for the relevant additional terms, by direct communication to you, or other means), prior to such changes becoming effective so that you can review it. You are free to decide whether to accept the updated terms or to stop using Our Services. Your continued use of Our Services after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by the revised Agreement.
Governing Law and Dispute Resolution
These Terms will be governed by Japanese law except for its conflicts of laws principles.
Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting terascan@outlook.co. The Company will endeavor to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or the Company may bring a formal proceeding.
You and the Company agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of Tokyo. Both you and the Company consent to exclusive venue and personal jurisdiction in such courts. If you reside in a jurisdiction with laws that give consumers the right to bring disputes in their local courts, this paragraph shall not affect those requirements.
Miscellaneous
This Agreement constitutes the entire legal agreement between you and us governs your use of Our Services and completely supersedes any prior agreements between you and us in relation to Our Services.
If any court of law having the jurisdiction to decide on this matter rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid, legally binding and enforceable upon you and us to the maximum extent permitted by applicable laws.
Unless stated otherwise in this Agreement, neither Party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
The titles in this Agreement are for the sake of convenience only, and do not have any legal and agreement effect./p>
When the user does not comply with the Terms of Service, the Company is not considered to give up its rights even if the Company does not take immediate actions and any inability to enforce some of these terms shall not affect any other provision.
Contact Us
If you have any questions or concerns about this Agreement or if you want to exercise your rights, please contact us via email at terascan@outlook.com.
Notice date: December [13], 2023
Enforcement date: December [13], 2023