Terms of Use (Holoeyes Edu Service)

Chapter 1: General Provisions

Article 1. Definitions
In these Terms of Use (hereinafter referred to as the “Terms of Use”), the meanings of the terms listed in the following items shall be used as prescribed in each of the items:
(1) The “Service” refers to the service operated and provided by Holoeyes Inc. (hereinafter referred to as the “Company”) under the service name “Holoeyes Edu Service” as Holoeyes Edu’s business. By using an application (as defined below) for the Service, polygon data (as defined below) and MR capture data (as defined below) uploaded to servers managed by the Company or downloaded from said servers to VR equipment (as defined below) shall be made available for viewing, respectively.
(2) The “Application” refers to the application developed by the Company for viewing (i) 3D polygon data created from electronic medical images based on the DICOM (Digital Imaging and Communication in Medicine) standard and edited so they cannot be used to identify specific individuals and digital data pertaining to human body models created using 3DCG (hereinafter collectively referred to as “Polygon Data”), and (ii) MR capture data (as defined below), in 3D space through virtual reality (VR) devices (including smartphones with VR capability in line with the specifications separately specified by the Company; hereinafter referred to as “VR Equipment”). Note that revised and updated versions of the Application to be developed by the Company in the future shall also be included in this definition of the Application.
(3) “MR Capture Data” refers to captured data that records postures, gestures, body movements, and the voices of physicians, teachers, students, and other persons selected by the Company to cooperate with the Service when using the Application.
(4) “Educational Institution” refers to a university, vocational school, or other educational institutions where a user is enrolled and with which the Company concludes a service agreement on the use of the Service (“Service Agreement with the Educational Institution” as defined below) and which is currently authorized to use the Service under such an agreement.
(5) “Service Agreement with the Educational Institution” refers to the “Holoeyes Edu Service” Agreement entered into between the Company and the Educational Institution with respect to the use of the Service by the Educational Institution and students enrolled therein (including any subsequent modifications or changes thereto).
(6) “User” refers to a student who is enrolled at an Educational Institution that has concluded the Service Agreement with the Company pursuant to the provisions of Article 6 (Establishment of Service Agreement), uses the Service, and has not lost their status as a user under these Terms of Use.
(7) “Application Form” refers to an application form in the form prescribed by the Company posted on the Website (as defined below) for application of the use of the Service.
(8) “Terms of Use” refers to an agreement entered into between the Company and the User with respect to the use of the Service, which is established with the provisions of these Terms of Use as its terms and conditions, pursuant to the provisions of Article 6 (Establishment of Service Agreement).
(9) “ID and Password” refers to codes issued to the User by the Company which when set and combined are used to identify and authenticate the User.
(10) The “Website” refers to the website operated by the Company with respect to the Service whose domain is “https://edu.holoeyes.jp/” (including the website when its domain or content has been changed for any reason whatsoever).

Article 2. Application of these Terms of Use
1. These Terms of Use shall apply to all relationships (including the content of the Service and the relationship between rights and obligations) between the User and the Company in relation to the use of the Service.
2. In the event that the Company has stipulated separate terms of use or other conditions with regard to the Service which the User wishes to use, they shall take precedence over these Terms of Use.
3. The privacy policies, help, guidance pages, and FAQs other than these Terms of Use shall also constitute a part of these Terms of Use, and the User shall accept these to use the Service.

Article 3. Revisions to these Terms of Use
1. The Company may change these Terms of Use if the change conforms to the interests of the User or if the Company determines that the change is reasonable, taking into consideration the purpose of the Terms of Use, the necessity of the change, and the appropriateness of the content after the change, etc.
2. In the event that the Company changes these Terms of Use, the Company shall notify the User of the change and the effective date of the change in a manner determined by the Company.
3. The notice set forth in the preceding paragraph shall be given at least one (1) month prior to the date of change in these Terms of Use. However, in the event that these Terms of Use are changed in accordance with an amendment to the Pharmaceuticals and Medical Devices Act, the Act on the Protection of Personal Information (Act No. 57 of 2003, including subsequent revisions), or other laws and regulations (including policies established by the Ministry of Health, Labour and Welfare, other competent authorities, or industry organization [including, but not limited to, policies concerning medical research] and other guidelines, the same shall apply hereinafter), the Company shall change these Terms of Use within a reasonable time specified by the Company. 
4. In the event the Company changes these Terms of Use, the terms and conditions for providing the Service after the effective date of such change shall be in accordance with the Terms of Use after the change.

Chapter 2: Service Content

Article 5. Change to Service Content and Specifications
The Company may update or modify the content and specifications of the Service from time to time without obtaining the consent of the User. In such cases, the updated or modified Service, by the revision to the related provisions of these Terms of Use, shall constitute the content of the Service and shall be treated in accordance with the revised Terms of Use, to which the User agrees in advance.

Chapter 3: Service Agreement

Article 6. Establishment of Service Agreement
1. Applicants who wish to use the Service (hereinafter referred to as an “Applicant”) shall apply for the use of the Service by filling in the required information in the application form specified by the Company and submitting it to the Company. The Applicant shall make an application after accepting these Terms of Use. When an Applicant makes an application, the Company shall consider them to have accepted these Terms of Use.
2. The Service Agreement shall be established, when, having confirmed the information provided in the application form specified in the preceding paragraph, the Company decides at its discretion to accept the application and notifies the Applicant that the use registration has been completed.
3. If the Applicant falls under any of the following items, the Company may reject the application for the use of the Service, and shall not be obligated to disclose any reason therefor:
(1) All or part of the information provided to the Company is false, inaccurate, or incomplete.
(2) The Applicant is not currently enrolled at an Educational Institution.
(3) The Service Agreement with the Educational Institution has been terminated or the Educational Institution at which the Applicant is enrolled is not currently authorized to use the Service.
(4) The Applicant is an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent, etc. of a legal representative, guardian, curator, or assistant.
(5) The Company judges that the Applicant is an anti-social force (as defined in Paragraph 3 of Article 26 [Disclaimer]; hereinafter the same shall apply in this item) or has some form of interaction or involvement with anti-social forces, such as support through the provision of funding or other assistance, or cooperation or involvement in their maintenance, operation or management. 
(6) The Company determines that the Applicant has breached an agreement with the Company in the past or is related to such person.
(7) Measures stipulated in Article 10 (Cancellation of the Service Agreement) have been taken.
(8) In the event the Company determines that the use of the Service is inappropriate.
4. The content of the Service Agreement shall be determined by these Terms of Use.

Article 7. Change of Registered Information
In the event of any change to the information notified to the Company under Paragraph 1 of the preceding article, the User shall notify the Company of such change without delay in a manner stipulated by the Company.

Article 8. Period of Use
1. The User may use the Service according to the Service Agreement only for the duration of the valid period of use (hereinafter referred to as the “Period of Use”) set by the Educational Institution of each User.
2. Notwithstanding the provisions of the preceding paragraph, in the event the Service Agreement with the Educational Institution is terminated due to the expiration of the valid period or for any other reason, the Period of Use shall also be terminated at the same time and the use of the Service by the User shall be terminated.

Article 9. Termination of Service Agreement
1. The User shall not be entitled to terminate or request to terminate the Service Agreement for any reason whatsoever.
2. If the User does not use the Service continuously for six (6) months, the Company may, at its discretion, terminate the Service Agreement without any notification to the User.


Article 10. Cancellation of the Service Agreement
In the event the User falls under any of the following items, the Company may cancel the Service Agreement:
(1) The User is in breach of these Terms of Use or the Service Agreement and fails to correct the breach within seven (7) days from the date of notice to correct the breach given by the Company.
(2) Information in the Application Form, other documents, emails or other electronic media is contrary to fact.
(3) The Applicant is no longer enrolled at an Educational Institution.
(4) The Service Agreement with the Educational Institution has been terminated or the Educational Institution at which the Applicant is enrolled has lost the right to use the Service.
(5) A bill or check issued by the User has been dishonored.
(6) The User has suspended payments or becomes insolvent.
(7) The User is subject to a petition filed by a third party for seizure, provisional seizure, provisional disposition, compulsory execution, or auction sale, or is subject to disposition for failure to pay taxes or public dues.
(8) A petition has been filed against the User to commence bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or similar proceedings, or the User’s credit status has become significantly unstable.
(9) When the User does not agree to the changes to the Terms of Use or other relevant related terms and conditions, etc.
(10) The Company judges that the User is an anti-social force (as defined in Paragraph 3 of Article 26 [Disclaimer]; hereinafter the same shall apply in this item) or has some form of interaction or involvement with anti-social forces, such as support through the provision of funding or other assistance, or cooperation or involvement in their maintenance, operation or management.
(11) Any of the preceding items is likely to occur.

Article 11. Effect of Termination
Upon termination of the Service Agreement, the Company may, at its discretion, retain the materials and information (including copies of all or part of the materials, etc.) provided by the User for the use of the Service. 

Article 12. Discontinuation of Service
The Company may discontinue the Service, in whole or in part, should any of the following apply, and may terminate the Service Agreement in whole or in part from the date of discontinuation:
(1) The User has been notified at least 30 days before the date of discontinuation.
(2) The provision of the Service, in whole or in part, has become impossible or very difficult, due to revision to the applicable laws and regulations, natural disaster, or other causes not attributable to the Company.

Chapter 4: Payment of Usage Fee

Article 13: Financial Terms, Including Usage Fee
The User shall pay the Educational Institution the fee for using the Service set by the Educational Institution for each User (hereinafter referred to as the “Usage Fee”).

Article 14 Payment of Usage Fee
1. The User shall pay the Usage Fee to the Educational Institution at the times and in a manner separately stipulated by the Educational Institution. In the event that the User fails to complete the payment set forth in this paragraph, the Company may temporarily suspend the provision of the Service in accordance with the provisions of Paragraph 2 of Article 23 (Temporary Suspension of Service).
2. The Company shall not refund any Usage Fee paid by the User for any reason whatsoever except in cases of willful or gross negligence on the part of the Company. The provisions of this Article shall not prohibit or restrict the Educational Institution and the User from separately agreeing on the handling of the Usage Fee.

Chapter 5: Use of the Service

Article 15. Service License
1. The Company hereby grants the User a non-exclusive, non-transferable, limited right to use the Service through VR Equipment and the Application to make Polygon Data and MR Capture Data available for viewing by the User for the purpose of improving the efficiency and effectiveness of learning in the course provided by the Educational Institution (hereinafter referred to as the “Purposes”) by using them as practice materials throughout the Period of Use. The User may not sublicense, distribute, rent, lease, transfer or otherwise dispose of the Application or the right to use it. In the event that the User uses the Application for purposes other than those specified above, attempts to circumvent the technological protection measures of the Application, or uses the Application in breach of the provisions of these Terms of Use, the User’s right to use the Application under this paragraph shall be immediately terminated.
2. In the event that the use of the Service or the Application involves the use of the rights of a third party and the third party requests the User to comply with the terms of use, etc. established by the third party, the User shall comply with such terms of use, etc. with respect to the use of the Service and the Application.

Article 16. Attribution of Rights
1. The User shall acknowledge that all patent rights, utility model rights, design rights, trademark rights, copyrights, rights under the Unfair Competition Prevention Act, and all other proprietary or personal rights relating to the Services (including the Polygon Data, the Application, and MR Capture data that comprise the Service; the same shall apply hereinafter), and the right to record or register these rights (hereinafter collectively referred to as the “Intellectual Property Rights”) belong exclusively to the Company and third parties who have licensed their rights to the Company.
2. The license to use the Service as set forth in the Service Agreement does not imply any assignment, succession, or transfer of the Intellectual Property Rights of the Service and its reproductions from the Company to the User.
3. The User shall not reproduce, display, outsource, distribute, deliver, sublicense, lease, lend, assign, pledge or otherwise use the Service in whole or in part, or shall not use the Service in whole or in part beyond the content, limits and Purposes specified in the Service Agreement, and shall not create any derivative works of the Service. The User shall not use the Service in such a way as to create any obligation or restriction on the duty to disclose the source code to a third party or any other rights of the Company. The User shall not attempt to derive or create any source program from the object program related to the Application, regardless of whether it is through decompiling, disassembly, reverse engineering or any other method. The User shall not remove or alter any copyright notices or other rights notices of the Company or third parties contained in the Service or add any new notice that may mislead or confuse them.

Article 17. Use by the User
1. The User may use the Service and the Application only for the Purposes in accordance with the terms of the Service Agreement.
2. The User shall agree in advance that the Company may, at its discretion, continuously record, store and preserve the information of the User such as the usage situation of the Application and the viewing status of the Polygon Data and MR Capture Data (excluding personal information about the User), for the purpose of smooth operation and improvement of the Service. The User shall also agree in advance that the Company may, at its discretion, use the information aforesaid for the purpose specified in this paragraph.
3. The User shall agree in advance that the Educational Institution may, at its discretion, continuously record, store and preserve the information of the User such as the usage situation of the Application and the viewing status of the Polygon Data and MR Capture Data, for the purpose of improvement of the Service, and efficiency and effectiveness of learning in the courses offered by the Educational Institution. The User shall also agree in advance that the Educational Institution may, at its discretion, use the information aforesaid for the purpose specified in this paragraph.

Article 18. Establishment and Maintenance of Facilities for the Use of the Service
1. The User shall maintain telecommunications services and other conditions for the use of the Service at the responsibility and expense of the User or the Educational Institution. The User shall, at the responsibility and expense of the User and the Educational Institution, create an environment necessary for viewing the Polygon Data and MR Capture Data using the VR Equipment and the Application, including hardware such as computers, software, internet access lines, securing the VR Equipment that meets the specifications specified by the Company, and the licensing regarding the use of third-party software.
2. In the event of any problem with the operating environment specified in the preceding paragraph, the Company shall not be obligated to provide the Service to the User.
3. In the event that the Company deems it necessary for the maintenance, operation, or technology of the Service, the Company may, at its discretion, monitor, analyze, investigate, or take other necessary actions with respect to the data, etc., provided or transmitted by the User through the Service (personal information of the User shall not be included) without obtaining the User’s consent.

Article 19. Use of IDs and Passwords
1. After the Service Agreement has been concluded, the Company shall set an ID and password and deliver it to the User. The User shall take proper care to manage said ID and password and may use them only within the scope of the use privileges and the Period of Use specified for each ID and password by the Company. 
2. The ID and password are for use by the User only, and may not be lent, transferred, sold, pledged or otherwise disposed of to a third party.
3. When the Company has confirmed by the prescribed method that the entered ID and password match those registered, the Company shall assume that the User has used the Service, and the Company shall not be held liable for any damages incurred by the User or any third parties as a result of such use, even if the ID and password are used by a person other than the User due to theft, unauthorized use, or other circumstances. Furthermore, if in the course of using the Service, the User enters the incorrect information and suffers disadvantage or damages, etc., or if the Service being provided to the User suffers disadvantages or damages, etc. as a result of said incorrect information, the Company shall not be held liable.

Article 20 Prohibited Matters
1. The User shall not engage in any of the following acts when using the Service:
(1) Acts that violate applicable laws, orders, dispositions, or other regulations.
(2) Acts that provoke or encourage unlawful acts or other acts that may lead to unlawful acts.
(3) Acts that infringe or may infringe upon the copyright, trademark right, portrait right, privacy or other rights or interests of the Company or a third party.
(4) Acts that cause a third party to use the Service in breach of these Terms of Use.
(5) Acts that involve the use of the Service through impersonation of a third party.
(6) Acts that involve the improper use of IDs and passwords issued under Article 19 (Use of IDs and Passwords).
(7) Acts that involve the transmission or writing of harmful computer programs such as viruses.
(8) Acts that involve an attempt to derive or create a source program from object programs by decompiling, disassembling, reverse engineering or by any other means with respect to the systems related to the Application or the Service.
(9) Acts that involve the duplication, modification or distribution of the contents of the Service or the Application without the prior written consent of the Company.
(10) Acts that involve the use of automated means (including, but not limited to, information-gathering bots, robots, spiders, and scrapers) to use the Service or access systems related to the Service.
(11) Acts that involve the slander of the Company or a third party or damage to their reputation or credibility.
(12) Acts that hinder or may hinder the use or operation of the Service or the facilities of the Educational Institution or third parties.
(13) Other acts that are or may be in breach of laws and regulations or contrary to public order and morals, or any other acts that the Company reasonably deems inappropriate.
2. Should the User become aware of having committed or becoming likely to commit any acts that fall under the items of the preceding paragraph, the User shall promptly notify the Company to that effect.
3. In the event that the Company becomes aware that any of the acts of the User fall under any of the items of Paragraph 1, the Company may temporarily suspend the Service, in whole or in part, without prior notice to the User.

Article 21. Resolution of Disputes
In the event of any dispute arising between the User and the Educational Institution or any other third party in connection with the use of the Service by the User, or in the event such a third party has filed a claim against the Company, the Educational Institution or a business partner of the Company as a result of such dispute, the User shall promptly resolve the matter at their own responsibility and expense, and shall not cause any damage to the Company, the Educational Institution or the Company’s business partner. However, this provision shall not apply in cases where the dispute was caused by reasons attributable to the Company.

Section 6: Provision of the Service

Article 22. Duty of Care
The Company shall provide the Service with the due care of a good manager during the Period of Use of the Service.

Article 23. Temporary Suspension of Service
1. The Company may temporarily suspend the provision of the Service in whole or in part without prior notice to the User if any of the following items apply:
(1) The Service requires maintenance.
(2) The Company or User may be disadvantaged due to excessive concentration of access, unauthorized access, viral invasion, computer network failure, etc.
(3) Suspension is unavoidable due to operational or technical reasons.
(4) It has become difficult to provide the Service due to a court order or measures in accordance with laws and regulations.
(5) The provision of the Service has become impossible or difficult due to accidents such as fire, power outages, natural disasters including earthquakes and flooding, transportation difficulties, wars, riots, terrorist attacks, labor disputes or other force majeure events.
(6) Suspension has been caused by an operator other than the Company (including, but not limited to, internet service providers, telecommunications carriers, and third-party contractors that carry out delivery operations).
(7) The provision of the Service has become impossible or difficult for other reasons not attributable to The Company and it has become impossible or difficult to give prior notice.
(8) The Company deems it necessary to suspend the Service in accordance with the preceding items.
2. In the event that the User falls under any of the items in Article 10 (Cancellation of the Service Agreement), or of Article 24 (Prohibited Matters) or otherwise breaches the Service Agreement, the Company may suspend the provision of the Service, in whole or in part, without prior notice to the User.
3. In the event that the Company fails to provide the Service due to any of the reasons specified in the items of Paragraph 1, the Company shall not be held liable for any resulting damages that may be suffered by the User or any other third party.

Article 24. No Warranty
1. Unless contrary to the applicable laws and regulations, the Company disclaims all warranties, whether express, implied or statutory, or arising from a series of transactions, usage or trade practices, with respect to merchantability, satisfaction of quality, fitness for a particular purpose, non-infringement of the rights of a third party, completeness, accuracy or usefulness of the Application or the Service, or any other implied warranty.
2. The Company does not provide any guarantee that the Service will not be suspended or discontinued, in whole or in part, and may suspend or discontinue the Service, in whole or in part, for the Company’s own reasons. The Company shall not be held liable for any loss or damage incurred by the User or a third party due to such suspension or discontinuation unless such loss or damage is caused by the Company’s willful misconduct or gross negligence.
3. The Company does not guarantee in any way that the Service or the Application will be free of defects, errors, bugs, or failures.

Article 25. Liability for Damages
1. In the event that the User causes any damage to the Company in relation to the use of the Service (including cases where the Company receives a claim for damages or other claims from a third party as a result of the User’s actions), the User shall be held liable for compensating the Company for all losses and damages (including attorneys’ fees, other professional fees and personnel expenses incurred by the Company to respond to such claim).
2. In the event that any damage is caused to the User for reasons attributable to the Company in relation to the use of the Service, the Company shall, regardless of the cause of claims such as default liability, tort liability, or any other legal cause of claim, compensate the User only for ordinary damage that is directly and actually caused to the User for reasons clearly attributable to the Company in relation to the Service or the Service Agreement. In no event shall the Company be held liable for the compensation of indirect damages, special damages, lost profits, or other consequential damages.

Article 26. Disclaimer
1. The Company’s liability with respect to the Service and the Service Agreement, for any reason whatsoever, shall be limited to the scope of the preceding Article (Liability for Damages), and the Company shall not be held liable for any compensation for damages incurred by the User arising out of or in connection with any cause not attributable to the Company, regardless of default liability, tort liability, or any other legal cause of claim, and shall not refund any Usage Fee for the Service.
2. The Company does not guarantee the accuracy, reliability, or security of the data (including, but not limited to, MR Capture Data and Polygon Data) provided to the User in the Service.
3. The User represents to the Company that neither they themselves nor any persons related to them are an organized crime group, a member of an organized crime group, have ceased to be a member of an organized crime group for a period of less than five (5) years, are an associate member of an organized crime group, a corporate affiliate of an organized crime group, a corporate racketeer, a group engaged in criminal activities under the pretext of conducting social campaigns or political activities, an organized crime group specializing in intellectual crimes, or any other similar entity (hereinafter collectively referred to as “Organized Crime Groups”), have a relationship in which it is acknowledged that the management is controlled by Organized Crime Groups, have a relationship in which it is acknowledged that Organized Crime Groups are substantially involved in management, have a relationship in which it is acknowledged that they employ the services of Organized Crime Group members to inflict damage upon third parties in order that they, their company, or a third party may benefit unjustly, have a relationship in which it is acknowledged that there is involvement in which funds or other forms of benefits are provided to Organized Crime Groups, or that its directors or persons with substantial involvement in management have socially questionable relationships with Organized Crime Groups (hereinafter referred to generally as “Anti-social Forces”), and promise that none of these items will apply to them at any time in the future. In the event the User breaches said promise, the Company may cancel the Service Agreement with the User and terminate their use of the Service without prior notice. In such a case, the Company shall not be held liable in any way for any damage incurred by the User.

Chapter 7: Other Provisions

Article 27. Confidentiality
1. Both the Company and the User shall keep the confidentiality of all confidential information disclosed to them by the other party relating to the use of the Service, and shall not disclose or leak such information to any third party without the prior written consent of the other party. However, in cases where the Company outsources part of the Service to a third party, confidential information of the User may be disclosed to said third party only to the extent necessary and on the condition that the third party assumes the obligations set forth in this Article.
2. The confidential information set forth in the preceding paragraph shall not include any of the following items:
(1) Information that was already known to the public or was already in the possession of the receiving party before disclosure.
(2) Information that became publicly known after being disclosed through no fault of the receiving party.
(3) Information obtained from a duly authorized third party.
(4) Information that can be proven to have been independently developed or acquired by the receiving party.
3. Notwithstanding the provisions of Paragraph 1, the Company and the User may disclose confidential information to the extent required by any applicable laws and regulations when disclosure is required by the exercise of a public authority pursuant to laws and regulations. However, the Company and the User shall promptly provide the other party with written notice of such requirement, and if there are measures that can be reasonably taken to maintain the confidentiality of such confidential information, the Company and the User shall make the best efforts to take such measures.

Article 28. Subcontracting
The Company may, at its discretion, subcontract all or part of the work necessary to provide the Service to a third party.

Article 29. Transfer of Rights
1. The User shall not assign, sublease, sell, pledge or otherwise provide security for all or any part of their rights and obligations under these Terms of Use and the Service Agreement to any third party without the prior written consent of the Company.
2. The Company may assign, pledge or otherwise dispose of all of its status and rights hereunder to any third party without the consent of the User, provided that the terms and conditions are not modified to create disadvantages for the User.

Article 30. Effect of Business Transfer
In the event that the Company transfers the business pertaining to the Service to a third party or causes the business pertaining to the Services to succeed due to a merger or company split, etc., the Company may have the assignee, etc. of such assignment succeed the status, rights and obligations under the Service Agreement, as well as registration information and other information relating to the User. The User shall be deemed to have agreed to such assignment in advance in this Article.

Section 31. Governing Law
The laws of Japan shall apply to the formation, validity, performance and interpretation of these Terms of Use and the Service Agreement.

Article 32. Exclusive Jurisdiction
If the need for litigation arises between the User and the Company, the Tokyo District Court shall be the exclusive jurisdictional court of the first instance.

Article 33. Consultation
Regarding any questions arising concerning the interpretation of any provision or matter not set forth in these Terms of Use, the User and the Company shall consult in good faith to resolve the matter.


Established: April 1, 2020
Revised: June 6, 2022