Article 1 Application of Terms

1. These Terms of Use (hereinafter referred to as the "Terms") apply to all actions taken by users (hereinafter referred to as the "Users") of ARWorks (hereinafter referred to as the "Service") provided by ProVision Co., Ltd. (hereinafter referred to as the "Company") when using the Service
2. These Terms and Conditions stipulate the terms and conditions for using the Service. Users must agree to these Terms and Conditions and use the Service in accordance with these Terms and Conditions

Article 2 Definitions

1. The terms used in these Terms and Conditions are defined as follows:
   • "This Service" refers to a service provided by our company called ARWorks that allows users to use AR content. Even if the name or content of the service is changed for any reason, these Terms of Use will apply to the service after such change
   • "User" refers to a user of this service
   • "User Information" refers to all information managed for each User, including information that a User may register in order to use the Service, and data acquired in connection with the use of the Service
   • "Content" refers to all types of data, including text, photographs, voice, music, other sounds, images, and graphics

Article 3 Changes to these Terms

1. The Company may change these Terms at any time, and in the event of any change to these Terms, the Company will notify the User of the changed Terms in a manner prescribed by the Company by the time the change takes effect and will also post the changed Terms on the Company's website ( https://promotion.ar-works.jp ). If the User uses the Service after the effective date, the User will be deemed to have agreed to the change to these Terms.

Article 4: Fees for Use of the Service

1. The use of this service by users is free of charge, and no charges will be incurred within this service

Article 5 Eligibility and Conditions for the Service

1. By using this service, users are deemed to have agreed to the terms of this agreement. If users do not agree, they cannot use this service
2. If a User is prohibited from receiving the Service under the laws of the country in which the User resides or uses the Service, the User may not use the Service, and in such case, the Company will not be able to provide the Service to the User
3. When using the Service, Users must prepare, at their own expense and responsibility, the necessary equipment, software, communication means, etc., and install and operate them properly. The Company shall not be liable for such equipment, etc., or for the installation or investigation of such equipment, etc., and shall not be obligated to provide Users with the preparations or methods for using the Service
4. Users represent and warrant that they are not a member of an organized crime group, a member of an organized crime group, a person who has been a member of an organized crime group for less than five years, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer, a racketeer pretending to be a social activist, a violent group with special intelligence, or any other similar entity (hereinafter referred to as "Anti-Social Forces, etc."), that they are not cooperating with or involved in the maintenance or operation of Anti-Social Forces, etc. through funding or similar activities, and that they do not have any interactions with Anti-Social Forces, etc., and further that they will not have any relationship with Anti-Social Forces, etc. in the future. If a User violates this paragraph, our company may immediately suspend the User's use of the Service

Article 6 Use and Suspension of Use of the Service

1. Users are responsible for all activities that they perform within the Service. We shall not be liable for any damages incurred by users as a result of using the Service, except in cases where such damages are due to our willful misconduct or gross negligence
2. Users may stop using the Service at any time by deleting the Service from their mobile device (in web format, deleting it from the browser, in app format, uninstalling it)
3. The Company has no obligation to delete any User Content posted or transmitted by a User even after the User has stopped using the Service, and therefore the User acknowledges and agrees that such content may continue to be publicly available on the Service

Article 7: Terms of Service

1. The Company may suspend, change, add, or discontinue all or part of the content of the Service without prior notice to the User. The Company shall not be liable for any damages incurred by the User as a result of changes to the Service pursuant to this paragraph, except in cases where such damages are due to the Company's willful misconduct or gross negligence
2. The Company may suspend the provision of the Service to a specific User if the Company deems it reasonably necessary. In such cases, the Company shall not be liable to the User or any third party for the suspension of the Service, except in cases where the suspension is due to the Company's willful misconduct or gross negligence
3. The User is responsible for any communication charges incurred when using the Service. The User shall be solely responsible for any charges incurred in connection with the mobile device used to access the Service
4. The Company may provide links to external websites or content on the Service that are not under the control of the Company. In such cases, the Company shall not be liable for any damages, whether direct or indirect, arising from or in connection with these sites or content, except in cases where such damages are due to the Company's willful misconduct or gross negligence

Article 8 Temporary Temporary Shutdown for Maintenance, etc

1. In order to carry out maintenance, repairs, inspections, or repairs to the Service or telecommunications facilities, the Company may restrict or suspend the use of the Service with prior notice to the User. However, in the event of an emergency, the Company may restrict or suspend the use of the Service without prior notice

Article 9. Prohibition of Transfer of Rights and Obligations Under These Terms

1. The User shall not transfer to a third party any status under these Terms of Use, nor shall the User transfer to a third party any or all of the rights and obligations arising from these Terms of Use

Article 10: Consent to business transfer regarding this service

1. The Company may transfer the business related to the Service to a third party, and the User agrees in advance that upon such business transfer, the rights and obligations under these Terms and Conditions will also be transferred to the transferee of the business

Article 11 Prohibited acts

1. Users must not engage in any of the following acts or acts that could result in any of the following through this service
   • Infringing the copyright or any other rights of our company or any third party
   • Reverse engineering, decompiling, disassembling, or any other act that the Company deems inappropriate with respect to the Service
   • Engaging in acts that are contrary to public order and morals
   • Sending or writing harmful programs such as computer viruses
   • Selling or transferring your right to use the Service to a third party
   • Copying or modifying the content
   • Engaging in any act that violates these Terms and Conditions, etc
   • Use the Service for commercial purposes
   • Engaging in any other act that the Company reasonably deems inappropriate

Article 12 Handling of Personal Information

1. Among the user information, personal information that identifies an individual will be handled in accordance with the privacy policy that we will post separately on this service ( https://www.pro-vision.jp/privacy/ ), and users agree to the handling of personal information in accordance with such privacy policy.
2. This service may automatically acquire the user's location information. The acquired location information will be used only for the purpose of playing location-restricted content

Article 13 Disclaimer of Warranties and Indemnification

1. The Company does not guarantee that the Service is free from errors, bugs, or other defects, that the Service will operate without interruption, or that the use of the Service will not cause damage to the User or any third party. Furthermore, the Service is provided on an "as is" basis, and the Company makes no guarantees whatsoever regarding the Service, including its fitness for a particular purpose, commercial usefulness, completeness, continuity, etc
2. We shall not be liable for any damages incurred by users or third parties arising from the use of this service, except in cases where such damages are due to our willful misconduct or gross negligence
3. If data stored on this service is damaged, we will not be liable for any damage other than the restoration of downloaded content, except in cases where the damage is due to our willful misconduct or gross negligence
4. If the Company is liable for any damages notwithstanding the provisions of the preceding three paragraphs, the Company shall compensate for such damages in accordance with Article 15
5. The Company shall not be liable for any disputes between users of the Service and other users or other third parties
6. The Company does not guarantee the functional compatibility of the Service with SNS and shall not bear any responsibility whatsoever

Article 14 Ownership of Rights

1. All copyrights, patents, trademarks, and other intellectual property rights related to the Service, as well as the rights to receive these rights and all other rights, belong to the Company or to rights holders who have granted rights to the Company

Article 15 Compensation for damages

1. The Company shall be liable for actual ordinary damages incurred as a direct result of these Terms or the performance or operation of the Service up to an amount up to 10,000 yen, and shall not be liable for indirect damages (including, but not limited to, lost profits, loss of use, loss of data or loss of goodwill, or costs of acquiring substitute services), special damages, or punitive damages, except in cases caused by the Company's willful misconduct or gross negligence, whether such liability arises from a claim based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, and whether or not the Company has been advised of the possibility of such damages
2. If a User causes damage to the Company or a third party in connection with the use of the Service due to an act in violation of these Terms of Use or other reasons attributable to the User, the User shall be liable for compensation for such damage

Article 16 Survival Clause

1. In the event that these Terms of Use are terminated or canceled for any reason, the rights and obligations of the User and the Company contained in Article 6 (Use and Suspension of Use of the Service), Paragraphs 1 and 3, Article 7 (Conditions for Provision of the Service), Article 9 (Prohibition of Transfer of Rights and Obligations Under These Terms of Use), Article 11 (Prohibited Acts), Article 12 (Handling of Personal Information), Article 13 (Disclaimer of Warranties and Indemnification), Article 14 (Attribution of Rights), Article 15 (Compensation for Damages), this Article, Article 17 (Force Majeure), Article 18 (Severability), Article 19 (Entire Agreement), and Article 20 (Governing Law and Agreed Jurisdiction) shall survive

Article 17 Force Majeure

1. We shall not be liable for any inadequate performance resulting from natural disasters, epidemics, war, acts of terrorism, riots, labor disputes, governmental actions, Internet outages, problems with domain name servers not under our direct control, or otherwise

Article 18 Severability

1. If any provision of these Terms is found to be unenforceable, that provision and any related provisions shall be interpreted so as to best accomplish their intended purposes

Article 19 Full Agreement

1. These Terms constitute the entire agreement between the User and the Company regarding the use of the Service, and take precedence over all prior oral, written, or email discussions or agreements between the User and the Company, or any materials or proposals provided by one party to the other, regarding the matters set out in these Terms

Article 20 Governing Law and Jurisdiction

1. Use of the Service and the application and interpretation of these Terms and Conditions shall be governed by the laws of Japan
2. Any disputes relating to this product, these terms and conditions, and this service shall be subject to the exclusive jurisdiction of the Yokohama District Court as the court of first instance

Established on August 1, 2023