KIMOTO Co., Ltd. (hereinafter referred to as "the Company") hereby sets forth the Terms of Use (hereinafter referred to as "these Terms") for the Civil 3D efficiency tool KIMOTO Toolbar (hereinafter referred to as "the Service") provided by the Company as follows.
Article 1 <Scope of Application of These Terms>
These Terms shall apply to the provision and use of the Service by the Company and the users as defined in Article 3.
Article 2 <Use of the Service>
1. The User shall use the Service in accordance with these Terms and any other terms of use separately established by the Company.
2. The Company may change the content of the Service without prior notice to the User.
3. The User shall make commercially reasonable efforts to prevent unauthorized access to or misuse of the Service and must promptly notify the Company upon discovering any unauthorized access.
4. The User shall not, under any circumstances, engage in the following acts.
(1) Reproducing, publicly transmitting (including making available for automatic public transmission), translating, adapting, modifying, or altering the Service or its authorized copies.
(2) Transferring, distributing, lending, leasing, or sublicensing all or part of the Service or its copies to any third party, whether for a fee or free of charge.
(3) Attempting to derive or create the source code from the Service's program by reverse compiling, disassembling, reverse engineering, or by any other means.
(4) Quoting or reproducing images or text contained in the Service without permission.
(5) Removing any copyright notices or other indications of the Company's ownership displayed in the Service.
(6) Using the Service to store or transmit content that infringes rights, defames others, is otherwise illegal or unlawful, or infringes the privacy rights of third parties.
(7) Transmitting malicious code using the Service.
Article 3 <User>
"User" refers to any person who uses the Service. By using the Service, users are deemed to have agreed to these Terms.
Article 4 <Handling of Personal Information>
The Company will handle users' personal information obtained in connection with the use of the Service in accordance with the Company's Privacy Policy ( https://www.kimoto.co.jp/privacy ) regarding the use of the Service.
Article 5 <Temporary Suspension of the Service>
To maintain the proper operation of the Service, the Company may temporarily suspend all or part of the Service without prior notice to users in any of the following cases.
1. When necessary for scheduled or emergency maintenance of the system.
2. When system operation becomes difficult due to fire, power outage, interference by a third party, or similar reasons.
3. In any other case where the Company deems it unavoidably necessary to suspend the system.
Article 6 <Cancellation of Service>
The Company may terminate all or part of the Service under these Terms at any time by notifying the User via email at least one month in advance. If the Service is terminated due to reasons attributable to the Company, the Company shall refund to the User any payments received from the User, excluding the portion corresponding to Service fees for services already rendered.
Article 7 <Mid-term cancellation>
If the User wishes to terminate the Service before the end of the contract period, the User must notify the Company by email at least one month prior to the desired termination date. In such cases, the Company will not refund any Service fees for the remaining period.
Article 8 <Revision of fees>
The Company may substitute notification to the User by posting a notice of any changes to the Service fees at the URL below at least one month prior to the effective date of the fee revision.
https://www.kimoto.co.jp/business/datakitchen_top/ktb_kiyaku
Article 9 <Other Disclaimers>
1. The Company shall not be liable for any damages, losses, disadvantages, etc., incurred by the User arising from causes not attributable to the Company in relation to the Service.
2. The Company shall not be liable for any damages whatsoever arising from the User's inability to use the Service.
3. Regardless of the legal basis for any claim, the Company shall not be liable for any damages, losses, disadvantages, etc., incurred by the User arising from causes not attributable to the Company in connection with the use of the Service.
4. In the event that the Company is liable to the user in relation to the user's use of this service, except in cases of the Company's willful misconduct or gross negligence, the Company shall only compensate for ordinary and direct damages actually incurred by the user, and shall not be liable for any damages arising from special circumstances (including cases where the occurrence of such damages was foreseeable or could have been foreseen).
5. If a user causes damage or other harm to a third party through the use of this service, the user shall resolve the matter at their own responsibility and expense and shall not cause any trouble to the Company.
6. The user shall bear all costs related to the installation of computer equipment, communication equipment, etc., necessary for using this service, as well as telephone charges, LAN usage fees, application fees, etc., incurred for using this service.
7. The user shall use, as the PC for using this service, the PC on which the fingerprint file (c2V) was created. The Company shall not be liable for any problems arising from the use of a PC on which the fingerprint file (c2V) was not created or from which the permission file (v2cp) has not been received from the Company.
Article 10: Termination of License to Use the Service
If the user falls under any of the following circumstances, the Company may revoke the user's license to use the Service without any prior demand, notice, or other procedure, and thereafter, the user shall not be permitted to use the Service in any way. Furthermore, the Company shall not be liable for any damages incurred by the user or any third party, or for any disputes arising between the user and any third party, as a result of the restriction, suspension, discontinuation, or termination of the license to use the Service, regardless of the reason.
(1) When the user violates these Terms.
(2) When there is falsification in the declarations or notifications made to the Company.
(3) When a payment bill or check is dishonored, or payment is suspended.
(4) When subject to an application for compulsory execution, provisional attachment, provisional disposition, or auction, or when subject to a delinquency disposition.
(5) When an application for commencement of bankruptcy, special liquidation, corporate reorganization, or civil rehabilitation is filed.
(6) When subject to an order for business suspension or revocation of business license or registration from a supervisory authority.
(7) When the financial condition deteriorates or there is a risk thereof.
(8) When there is any other act that causes the loss of trust with our company.
(9) When it is found that the user is an anti-social force or equivalent (hereinafter referred to as "anti-social forces, etc."), or has been involved in illegal donations, threatening acts, acts damaging credibility, acts obstructing business, fraudulent acts, organized criminal acts, or acts making unreasonable demands beyond legal liability.
(10) When it is found that there is any financial or other relationship, whether direct or indirect, between the user or its officers/employees and anti-social forces, etc., or that the user and its officers/employees have provided funds or engaged in equivalent acts to anti-social forces, etc., regardless of the pretext.
(11) When a person belonging to anti-social forces, etc., or a person having a close relationship with them is appointed as a director or employed as an employee, or when anti-social forces, etc., are involved in management.
Article 11 <Governing Law and Agreed Jurisdiction>
1. The governing law for these Terms and any guidelines applicable to this Service shall be Japanese law.
2. Even if any provision of these Terms is deemed invalid under laws and regulations, the remaining provisions of these Terms, excluding such invalid provision, shall continue to be valid and applicable to our company and the users.
3. If litigation becomes necessary regarding the use of this Service, the Tokyo Summary Court or the Tokyo District Court shall be the court of first instance with exclusive jurisdiction.
Article 12 <Amendment of Terms of Use>
1. Our company may amend these Terms without obtaining individual consent from users in the following cases.
(1) When the amendment to these Terms is in the general interest of users.
(2) When the amendment of these Terms is reasonable in light of circumstances such as the necessity of the amendment, the appropriateness of the amended content, and other matters related to the amendment, and does not contravene the purpose of the Service Usage Agreement.
2. Any revisions to these Terms shall become effective from the time they are posted at the URL below.
https://www.kimoto.co.jp/business/datakitchen_top/ktb_kiyaku
Enacted on January 14, 2025