News -Terms of Use 20220111-

Terms of Use (Last Revised on January 11, 2022)

Mind Render Terms of Use

This Terms of Use Agreement (“Terms of Use”) establishes the rights and obligations between Mobile Internet Technology, Co., Ltd. (“Company”) and individual customers who use the software Application “Mind Render” provided by the Company (“Application”, including the changed Application if the name or content of the Application is changed). Corporate customers who wish to use this application need a separate contract.

Article 1 (Definitions)
The following terms used in this Terms of Use have the following meanings, respectively.
(1) “User” means all individual user of this Application.
(2) “Terms and Conditions” means the Terms of Use, Privacy Policy displayed upon downloading this Application. If the Terms are changed, it includes the changed Terms.
(3) “Application Terms of Use” means contracts between the User and the Company concerning the use of this Application. In addition to Terms, regulations, agreements, policies, and so on concerning this Application, which are separately specified in this Application or on the Company’s website, are included.
(4) “Intellectual Property Rights” means copyright, patent right, utility model right, trademark right and other intellectual property rights, including the right to acquire those rights or to apply for registration of those rights.
(5) “Locker Function” means the cloud service function in this Application where the User can store the programs created by the User.

Article 2 (Coverage)

This Terms of Use establishes the conditions upon which Company provides this Application to User and determines the rights and obligations between User and Company concerning the use of this Application, and applies to all relationships concerning the use of this Application between User and Company.
Introductions, explanations, rules, etc. concerning the use of this Application that are posted in this Application or on the Company’s website, etc. constitute a part of this Application Terms of Use as well. However, if the provisions outside this Terms of Use differ from the provisions of this Terms of Use, the provisions of this Terms of Use prevail.

Article 3 (Definition of “Mind Render”)

This Application is an application program that can be used on iOS, Android, Windows and MacOS.
This Application is a programming tool using a visual programming language, Blockly, and a development platform, Unity. By using this Application, User can easily create various programs.
Programs created with this Application run on the User’s terminal. The program supports VR function in iOS and Android environments.
In order to make programming easier, this Application provides various sample programs. User can change them to create his/her own new programs.
By registering an email address in accordance with Article 5, User will be able to save his / her created program in the cloud (Locker Function).

Article 4 (Use of this Application)

This application can be downloaded and installed on User’s smartphone, tablet, or PC (the “Terminal”) from App Store or mac App Store by Apple Inc., Google Play Store by Google Inc., or Microsoft Store by Microsoft.
The User can use this application by agreeing to Terms and Conditions. In addition, as long as User is using this Application, it is considered that User has agreed to Terms and Conditions.
Minor User can use this Application with prior consent from the parent or guardian concerning the use of this Application, including the consent to user registration and Terms and Conditions. When minor User uses this Application without obtaining such consent, Company can cancel Application Terms of Use with the User or can stop the use of this Application by such User. However, if a User who was minor at the time of agreeing to Terms of Use uses this Application after reaching the age of majority, it is considered that he / she has confirmed the usage behavior while he / she was a minor.
The usage fee of this Application is free. During the validity of Application Terms of Use, User can use this Application within a range not to violate Application Terms of Use and in a manner specified by Company. However, Company does not promise that future enhancements and improvements, etc. of this Application will be free.
User shall prepare Terminals, communication environments, Internet connection services, and other equipment and services necessary for using this Application at his / her own expense and responsibility. To use this Application, User will be charged a communication fee from the communication company.
User shall have the responsibility to take security measures such as prevention of virus infection, unauthorized access, information leakage, etc. at their own expense.

Article 5 (Usage or Locker)

Locker Function becomes available by registering a User’s email address. The registered email address is used as ID when using Locker Function.
User can unregister the registered email address at any time. Once unregistered, the locker will be completely deleted including the saved programs in that locker, and cannot be restored even if User re-registers the same email address.
Share codes can be set for the programs in the locker. User can disclose the programs that are set share codes with other Users. Share codes shall be managed at User’s own risk, and Company is not responsible for them.
If User no longer agrees to some or all of Terms of Use, he / she must cancel his / her registration by himself / herself and stop to use this Application. If User has not canceled the registration, it is deemed that he / she has agreed to Terms and Conditions

Article 6 (Use of User information)
Company manages the registered email addresses and statistical information such as Application usage with reasonable care according to the separate Privacy Policy. Company will use that information for notification to User, investigation, marketing, etc. within the scope of the Privacy Policy.

Article 7 (Locker Function)

Locker Function uses a third party’s cloud service. Company can change the service provider, terms of use, usage fee, data storage capacity per User, and data storage period, etc. for cloud service without notice to User.
Company does not guarantee that the contents saved by Locker Function will not be lost due to defects or will be saved without damage. In the event of any of the following events, some or all of the saved programs may be lost without Company’s prior notice to User. In this case, even if User register again, the lost contents will not be restored.
(1) If the data size of the saved program exceeds the limit separately specified by Company
(2) If User cancels user registration regardless of the reason
(3) In case of trouble or other technical reasons of cloud service provider
(4) In case of trouble or other technical reasons of Company
In the event of any of the following events, Company may suspend or terminate the provision of Locker Function. When terminating Locker Function, Company can delete some or all of the saved programs without permission from User.
(1) When it becomes difficult for Company to maintain Locker Function due to technical, economic, or other reasons
(2) When Company determines that it is necessary for the provision of this Application and its maintenance management
(3) When Company changes the configuration of this Application or terminates the provision of this Application
(4) Whenever the Company deems it necessary

Article 8 (Attribution of rights)

Unless otherwise indicated, ownership, Intellectual Property Rights, and other rights relating to all the programs, designs, trademarks, trade names, and general technologies accompanying them that constitute this Application belong to Company or third parties who hold rights of the third party programs used in this Application.
2． License to use this Application based on this Terms of Use does not mean the license to the Intellectual Property Rights of Company and third parties related to this Application. User cannot use any information of this Application and obtained by using this Application for reproduction, publication, broadcasting, public transmission, or in any other method without prior written consent of Company and third parties as the right holder.
For programs created by User using this app, User is deemed to have granted the non-exclusive, free of charge, sublicensable and transferable right to use, copy, distribute, create, display, and execute derivative works without limitation to the Company. In addition, User agrees not to exercise the moral rights of the author against Company and those who have inherited or licensed the rights from Company.

Article 9 (Prohibited matter)
In the use of this Application, User must not perform the acts listed in the following items or acts that are likely to be applicable thereto.
(1) Criminal acts or acts contrary to public policy
(2) Acts that infringe property, honor, Intellectual Property Rights, privacy, etc. of Company, other Users, and third parties
(3) Fraud or intimidation against Company, other Users and third parties
(4) Acts that provide false information or use this Application for fraudulent purpose
(5) Acts that hinder the provision of this Application or defame this Application regardless of means
(6) Reprinting, reproduction, modification, accumulation, or transfer of contents of this Application
(7) Advertisement, solicitation, or commercial activity using this Application
(8) Any act that violates this Application Terms of Use including this Terms and Conditions or violates laws and/or ordinances
(9) Acts that may fall under each of the above items
(10) Other acts that the Company deems inappropriate

Article 10 (Restriction and suspension of use)

If Company determines that any User action fall under any of the following matters, Company can immediately suspend the use of this Application indefinitely without prior notice or demand, and cancel the registration and delete the saved programs in the locker.
(1) When falling under each item of the preceding Article
(2) When in breach of the Application Terms of User or if there is a risk of violating it
(3) When Company determines that the said action will interfere with the Company’s business
Company is not responsible for any damage to such User caused by any action taken by Company under this section.

Article 11 (Change, suspension, and termination of this Application)

Company can change, suspend, or terminate all or part of this Application at any time for any reason. However, when Company terminates the provision of this Application, Company will attempt to notify User in advance in a manner specified by Company.
Company may suspend or terminate the provision of this Application temporarily or for a long term without prior notice to User if any of the following events occur.
(1) When this Application cannot be provided due to natural disasters such as earthquake, tsunami, typhoon, thunder, heavy rain, flood, etc., unexpected accident such as fire accident, power outage or other accident, or force majeure such as war, dispute, disturbance, riot, labor dispute, etc.
(2) When this Application or its functions cannot be provided due to periodic or emergency system maintenance necessary for providing this Application, failure of cloud service provider, network line congestion, failure of Internet provider, etc.
(3) In addition to the cases set forth in the preceding items, if Company determines that it is necessary to suspend or terminate the provision of this Application for business or technical reasons
Company shall not assume any responsibility even if User suffered damage due to change, suspension, or termination of this Application under this section.

Article 12 (Disclaimer of warranties)

Company does not guarantee that this Application will conform to the User’s specific purpose, that this Application has the function, product value, accuracy and usefulness expected by User, that the use of this Application by User conforms to the laws and regulations or internal regulations of industry organizations applicable to User, that this Application will not cause troubles. User shall use this Application at the User’s own discretion and risk.
On no event shall Company be liable for compensatory damages suffered by User arising from content change, interruption, or termination of provision of this Application, inability to use this Application, loss of saved program, failure or damage of equipment, or any other damages from using this Application.
Company shall not assume any responsibility for damages incurred by User concerning this Application due to telecommunications carriers, electric utilities, and other business operators. Likewise, Company shall not bear any responsibility if this Application cannot be used due to interruption or flaw of communication application or Internet connection application used by the User.
Company assumes no responsibility even if User may suffer damages in using this Application due to malfunction or loss of terminal equipment used by User, attacks of malware, viruses, hacking, cracking, etc. from third parties, inadequate management, or error in use of terminal equipment, etc. or use of terminal equipment by third parties, etc.
Company assumes no responsibility for damages suffered by User related to the program created by Users using this Application.
Company assumes no responsibility for damages incurred by User because of lending, exchange, assignment, trading or pledging of the terminal equipment on which User has installed this Application.
Company assumes no responsibility for disputes between Users or between User and third parties concerning the use of this Application.

Article 13 (Indemnity)

If User damages Company by violating Application Terms of Use including these Terms of Use or due to reasons attributable to the User’s actions in connection with the use of this Application, User must compensate the damage to Company.
If Company were charged from other Users or other third parties due to copyright infringement or other reasons due to the use of this Application by User, the User must compensate the amount the Company was forced to pay to the said third parties.
Company is not liable for compensatory damages suffered by User in connection with the use of this Application. However, if Company is liable for damages incurred by User due to the application of the Consumer Contract Law or for any other reason, the Company’s liability shall be limited to the cumulative total of one thousand yen, and Company shall not be liable for incidental damage, indirect damage, special damage, future damage, and lost profits.

Article 14 (Change of the Terms)

Company can modify Terms of Use as necessary at any time without obtaining prior consent of User. Unless otherwise stipulated by Company, the changed Terms of Use will be announced to User in this Application or on the Company’s website.
If User has used this Application after Terms of Use have been changed and notified in accordance with the preceding paragraph, the User is deemed to have accepted the change.
Company shall not be liable for any damage incurred as a result of Company and User not confirming the changes of Terms of Use.

Article 15 (Announcement, correspondence, and support)

Notifications regarding changes to Terms of Use, etc. and other communications and inquiries regarding this Application made by Company to the user shall be made only in Japanese by the method specified by Company.
Company will not respond individually to User inquiries regarding this Application.

Article 16 (Transfer of position on Terms of Use)

User may not assign, transfer, set as collateral, or otherwise dispose of the contractual status under Application Terms of Use or the rights or obligations under the Terms and Conditions to a third party without prior written consent of Company.
If Company transfers or assigns this Application to another company, Company shall provide the contractual status of Application Terms of Use, the rights and obligations under the Terms and Conditions, User’s registered email address and other customer information to the assignee of the transfer, and User shall agree in advance to such assignment or transfer contained in this paragraph.

Article 17 (Separability)
Even if any provision of Application Terms of Use including Terms and Conditions or a part of the provision is determined to be invalid or unenforceable based on the Consumer Contract Act or other laws and regulations, the remaining provisions of the Application Terms of Use including the Terms and Conditions and the rest of the provisions where a part of the provisions have been deemed invalid or unenforceable will continue to be fully effective.

Article 18 (Applicable law and agreed jurisdiction)

Application Terms of Use including the Terms and Conditions are all interpreted in Japanese, including its establishment, effectiveness, interpretation, and fulfillment, and shall be construed and enforced in accordance with the laws of Japan. In addition, even if the purchase or sale of goods occurs in or through this Application, User agrees to exclude the application of UN Convention on Contracts for the International Sale of Goods.
The Tokyo District Court will have exclusive jurisdiction over any dispute arising out of or related to the Application Terms of Use (including the Terms and Conditions).

Enacted : December 3rd, 2018
Revised : February 8th, 2019
Last revised : January 20, 2022