1. (Applicable)
   1.      These terms and conditions apply to all relations regarding the use of this service between the user and our company.
   2.      In addition to these terms, the privacy policy and guidelines related to this service established by our company constitute part of these terms.
   3.      The service can only be provided within Japan, and our company has no obligation to provide all or part of the service outside of Japan.
   
   

2. (Definitions)
   The meanings of the following terms used in these terms are stipulated as follows.
   (1)   "Registered User"
   A user who has successfully completed registration for the use of this service in accordance with our prescribed method, engaged in the use of this software and ordering of components.
   (2)   "Design Software"
   Software designated separately by our company that a registered user uses for design purposes. Note that this software may include design functions.
   (3)   "Construction Components"
   The construction components produced by the registered user through this service (as defined in item 6) which include doors, furniture, fixtures, and structural components, limited to wooden items.
   (4)   "Design Data"
   Design data of construction components created by the registered user using the design software and this software.
   (5)   "Components"
   Wooden components in the pre-assembly state that are agreed upon by our company and the registered user as necessary for the production of construction components based on the design data.
   (6)   "Business Commission Contract"
   A contract concerning the manufacturing and delivery of components concluded between the registered user and our company based on these terms.
   (7)   "Content"
   Text, audio, music (including sound effects), images, videos, software, programs, source code, databases, and other information.
   (8)   "Intellectual Property Rights"
   Copyrights, patent rights, utility model rights, design rights, trademark rights, and rights under the Unfair Competition Prevention Act and other intellectual property rights (including the right to acquire such rights and the right to apply for registration, etc.).
   (9)   "Service Utilization Contract"
   A contract regarding the use of the service concluded between our company and the user based on these terms as the contractual conditions.
   (10) "This Software"
   The software provided by our company under the name "EMARF" and any subsequent software if its name or content has been changed.
   (11) "This Plugin"
   The software among this software provided by our company to registered users as plugin software.
   (12) "This Service"
   The services provided by our company to registered users related to this software.
   (13) "Antisocial Forces"
   Violent organizations (referring to the organized crime groups defined in Article 2, Item 2 of the Act on Prevention of Unjust Acts by Organized Crime Groups), members of such organizations, related groups, associated persons, right-wing groups, racketeers, social movement claimants, and special intelligence violent organizations, or others equivalent to the above.
   
   

3. (Registration)
   1.      For users to use this service, they must agree to comply with these terms and submit the information prescribed by us (hereinafter referred to as "registration information") to our company in the manner determined by us in order to apply for registration for the usage of the service.
   2.      Our company will assess the application for registration based on the first paragraph in accordance with our criteria, and if we approve the registration, we will notify the user accordingly. Upon notification to the user and confirmation of the user checking "My Page" on the service, the registration of the user as a registered user will be considered complete.
   3.      Upon completion of registration as stipulated in the previous paragraph, a service utilization contract will be established between the registered user and our company, allowing the registered user to use the service in accordance with these terms.
   4.      If the user wishing to register is a minor, a person under curatorship, a person under assistance, or similar, they must obtain consent from their legal representative, guardian, curator, or assistant where required by law before applying for registration.
   5.      Our company may refuse registration (including re-registration) if the user falls under any of the following conditions. We have no obligation to disclose the reasons for such refusal.
   (1)   There is a falsehood, error, or omission in all or part of the registration information.
   (2)   The user is a minor, a person under curatorship, a person under assistance, or similar and did not have the consent of a legal representative, guardian, curator, or assistant.
   (3)   The user is judged by us to be involved with antisocial forces or related acts that compromise our relationship with such forces, including providing funding.
   (4)   The user is a person who has violated a contract (including the service utilization contract) with our company in the past or is a related person.
   (5)   The user has previously received measures defined in Article 15 (Registration Deletion, etc.).
   (6)   In other cases where our company judges registration to be inappropriate. 
   
   

4. (Change of Registration Information)
   The user must promptly notify our company of any changes to the registration information according to the method determined by us.
   
   

5. (Management of Passwords and User IDs)
   1.      The user shall manage and store the password and user ID related to this service appropriately at their own responsibility and must not allow third parties to use, lend, transfer, change the name, or sell it.
   2.      The registered user is responsible for any damages arising from insufficient management of passwords or user IDs, errors in use, or use by third parties.
   
   

6. (Prerequisite Conditions for Use of This Service)
   1.      If necessary as a prerequisite for using the service, the user must undertake the following at their own responsibility and expense.
   (1)   Preparation of hardware such as the user's PC terminal.
   (2)   Downloading and installing the design software that the user utilizes.
   (3)   Downloading and installing this plugin.
   (4)   Preparing the communication environment necessary for using this service.
   (5)   Setting up the email address necessary for using this service.2.      Unless explicitly stipulated in this contract, our company is not responsible for any actions other than granting registered users permission to download and install this plugin, license the use of this software, and receive entrusted production and delivery of components from registered users.

    

7. (License for Use of This Software)
   1.      Our company grants registered users permission to use this software to the extent stipulated in the following.
   (1)   Download this plugin by the method prescribed by our company and install it on the PC terminal used by the registered user.
   (2)   Connect this plugin to the design software or create design data using this software.
   (3)   Commission manufacturing and delivery of components to our company through this service.2.      The registered user must use this plugin in accordance with these terms and the conditions displayed on the service with respect to each plugin.3.      This software may include items available for a fee. When registered users use this software for a fee, they must pay the fees stipulated separately by our company in accordance with methods, payment deadlines, and other conditions defined separately.
   
   

8. (Commissioning of Manufacturing and Delivery of Components)
   1.      Registered users can commission our company to manufacture and deliver components as stipulated in the following procedures.
   (1)   The registered user sends the design data they created to our company in the manner specified.
   (2)   Our company will check whether the submitted design data is manufacturable and take the following actions.
   
   

(3)   If it is manufacturable, our company will send an estimate regarding manufacturing and delivery (including shipping costs) to the email address registered by the user in the form of an electronic file. If the registered user wishes to make changes to the estimate received from our company, they must notify us clearly indicating the areas for change. If we accept the change, we will send the revised estimate to the registered user, and the previous provisions regarding the estimate shall apply.
(4)   If our company judges that manufacturing is not possible, we will notify the registered user of such. In this case, the registered user may revise and resubmit the design data, and the provisions of this paragraph shall apply to the resubmitted data.
(5)   The registered user must notify our company of whether or not they accept the estimate received based on the prior item by replying to an email from us. The registered user shall sufficiently confirm the contents of the estimate (including all notes listed in the main text and remarks). If the registered user notifies us of acceptance, it will be construed that the registered user has agreed to all contents of the estimate.
(6)   Upon receipt of notification of acceptance of the estimate provided by our company, a business commission contract for the components listed in the estimate shall be established between the registered user and our company.
2.      The basic content of this business commission contract shall be as follows, and any detailed matters regarding manufacturing and delivery other than those listed shall follow the contents indicated in the estimate provided by our company. In the event of discrepancies between the provisions of these terms and the estimate regarding matters related to manufacturing, delivery, and related compensation or costs, the content of the estimate shall prevail unless otherwise specified.
(1)   The scope of the manufacturing commissioned to our company regarding these components shall be the work of manufacturing individual components before they are assembled into construction components, while the assembly itself shall be conducted by the registered user.
(2)   The registered user is obligated to pay solely the amount for the consideration for the commissioned business as stated in the estimate and the shipping fee (hereinafter referred to as "this consideration") by the payment deadline (as defined in the estimate regarding the stated billing amount and payment deadline). The fees related to payment shall be borne by the registered user. Until our company receives payment in full, we shall have no obligation to begin any procedures concerning the manufacturing of components.
3.      After the establishment of this business commission contract, the registered user may not cancel the order or terminate this business commission contract at their own convenience or request refunds from our company.
4.      If the registered user fails to pay this consideration by the deadline, our company may terminate this business commission contract.

• (Manufacturing and Delivery)
  1.      If our company confirms receipt of the consideration from the registered user, we will begin manufacturing these components and deliver them to the registered user by the delivery deadline stipulated in the business commission contract.
  2.      Our company may commission the manufacturing and delivery of these components based on this business commission contract to a third party.
  3.      Our company will bear damages incurred before the delivery to the registered user unless the damages were due to the registered user’s fault, while damages incurred after delivery to the registered user will be borne by the registered user unless they are attributable to our company.
  4.      Ownership of these components will transfer from our company to the registered user when the registered user receives the components from the delivery service.
  5.      Our company bears no responsibility for any damages arising in the event that the registered user does not receive the components due to their own circumstances.

• (Inspection and Liability for Defects)
  1.      The registered user shall promptly inspect the components upon receipt for type, quality, or quantity and accepts those that pass inspection. If there are any that do not conform to the content of the business commission contract (meaning those that do not specifically match the content of the estimate), the registered user must notify our company within 5 business days after receipt, indicating the specific type, quality, or quantity discrepancy.
  2.      Upon receipt of the notification of defect as stipulated in the previous item, our company shall undertake repairs, provide replacements, or deliver any deficiencies (hereinafter referred to as "supplementation") to the registered user within a reasonable period. The specific method of supplementation shall be determined by our company reasonably. These provisions regarding defects shall also apply to any completed supplementation.
  3.      If the notification of defects as stipulated in item 1 does not reach our company within 5 business days after receipt of the components, the components shall be deemed to have passed inspection at that point. After this acceptance point, except for the provisions defined in this article, we shall bear no responsibility regarding the components, and the registered user shall not make requests for supplementation, damages, or contract termination.
  4.      Even after the acceptance point as defined in the previous item, if there are defects in the inspection that cannot be discovered even with usual diligence (excluding quantity deficiencies), our company will supplement such defects in a reasonable manner within 6 months of receipt, provided the registered user discovers such defects and notifies our company of the specific deficiencies within 5 business days. These provisions shall also apply to any completed supplementation.
  5.      Our company will manufacture the components according to the design data presented, but we assume no responsibility for any issues arising from defects in the design data or the actual design content expressed therein.
  6.      Unless otherwise defined in these terms, our company shall bear no liability for damages regarding the components other than those specified in this article, and the registered user may not pursue these liabilities or contract termination on the grounds of defects.

• (Force Majeure)
  1.      Our company shall not be responsible for any delays or failures in the performance of the service utilization contract or the business commission contract due to natural disasters such as earthquakes, typhoons, and tsunamis, wars, riots, insurrections, terrorist acts, severe illnesses (including outbreaks of infectious diseases), new laws or regulations, acts by the government (including measures against infectious diseases), disputes, accidents in transportation or communication lines, or other force majeure events.
  2.      If any of the circumstances stated in the previous item arise, and there are reasonable grounds to believe that achieving the objectives of the service utilization contract or the business commission contract has become difficult, our company may cancel all or part of the service utilization or business commission contract.
  
  

• (Prohibited Acts)
  Users shall not engage in any of the following acts or any acts deemed by our company to fall under any of the following while using the service.
  (1)   Acts that violate these terms or laws, acts related to criminal activity, or acts contrary to public order and morals.
  (2)   Acts that infringe upon our company, other users, or the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of any third party.
  (3)   Acts that impose excessive burden on the network or system of this service.
  (4)   Acts of reverse engineering, decompiling, disassembling, or other analysis of the software or systems provided by our company including this service.
  (5)   Acts that impede the operations of this service.
  (6)   Unauthorized access to our company’s network or systems.
  (7)   Impersonating another person.
  (8)   Acts of using another user's ID or password or allowing third parties to use one’s own ID or password.
  (9)   Acts that violate the business commission contract.
  (10) Acts that directly or indirectly lead to any of the preceding acts or facilitate them.
  (11) Attempts to commit any of the preceding acts.
  (12) Other acts deemed inappropriate by our company.
  
  

• (Suspension of This Service, etc.)
  Our company may suspend or interrupt the entire or part of this service without prior notice to the user in any of the following cases:
  (1)   When urgent inspection or maintenance of the system regarding this service or our company’s system is required.
  (2)   When the operation of this service is hindered due to system, computer, communication line failures, operational errors, excessive access concentration, unauthorized access, hacking, etc.
  (3)   When the operation of this service is hindered due to force majeure events such as earthquakes, lightning strikes, fires, flood and wind damage, power outages, and other disasters.
  (4)   Other cases where our company deems it necessary to suspend or interrupt the service.
  
  

• (Ownership Rights)
  1.      All intellectual property rights regarding this service and all content provided through this service belong to our company or those who have granted us the rights to use them.
  2.      Intellectual property rights concerning design data shall belong to the registered user who created such data. The registered user grants our company permission to use the design data to the extent necessary for the provision of this service.
  3.      Approval of registration as a registered user or permission to use this service under these terms does not imply permission to use, utilize, or implement the intellectual property rights defined in item 1, except as explicitly stipulated in these terms.
  
  

• (Registration Deletion, etc.)
  1.      Our company may, without prior notice or demand, terminate the business commission contract regarding the user and temporarily suspend the use of the service or delete the registration of the registered user if the user falls under any of the following conditions.
  (1)   Violating any provision of these terms.
  (2)   Violating the business commission contract.
  (3)   If it becomes apparent that there is any false fact in the registration information.
  (4)   If the user fails to pay or is unable to pay, or if they have filed for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar procedures.
  (5)   If the user has not used this service for more than 24 months from the last confirmed date of use by our company.
  (6)   If the user does not respond to inquiries or requests for answers from our company for more than 30 days.
  (7)   If the user falls under any of the items in Article 4, Item 5.
  (8)   Other cases where our company deems it inappropriate to continue the user’s registration or use of this service.
  2.      If the user falls under any of the reasons listed in the previous paragraph, they shall lose the benefit of time regarding all debts owed to our company and must immediately pay all debts to our company.
  
  

• (Withdrawal)
  1.      The user can withdraw from this service and delete their registration as a registered user by completing the procedures prescribed by our company.
  2.      Upon withdrawal, if there are debts owed to our company, the user shall lose the benefit of time regarding all debts owed to our company and must immediately pay all debts to our company.
  
  

• (Changes and Termination of the Service Content)
  1.      Our company may change the content of this service or terminate the provision thereof due to our circumstances.
  2.      If we terminate the provision of the service, we will notify the users accordingly in advance.
  3.      In the event that the service is terminated, the user will lose all authority to utilize this service at the time of termination.
  
  

• (Disclaimer of Warranty and Liability)
  1.      Our company does not guarantee explicitly or implicitly that this service (including this software or this plugin) is suitable for the user’s particular purpose, has the functions, commercial value, safety, reliability, completeness, effectiveness, accuracy, or usefulness the user expects, that the use of this service by the user complies with applicable laws, that it can be continuously used, or that defects, errors, bugs, or other issues such as security do not occur.
  2.      Our company has no obligation to verify the reliability, legality, usefulness, safety, or suitability for a particular purpose of design data, the design content expressed in the design data, the assembly of components, and the architectural components created by the registered user (hereinafter referred to as "registered user’s creations"). Additionally, we make no guarantee concerning any issues arising related to the use of registered user’s creations, nor do we accept any responsibility for damages arising therefrom.
  3.      Our company has no obligation to store design data or other information.
  4.      Our company shall not be responsible for any operational failures or other issues arising from the design software used by the registered user (excluding the design functions provided by this software). Furthermore, our company does not guarantee that the registered user’s use of this service is compliant with usage conditions specified by third parties regarding the design software. The use of the design software and the application of this plugin shall be conducted at the registered user’s own responsibility and expense.
  5.      Our company will not be liable for any issues arising when the registered user uses the components or architectural components in ways other than typical reasonable usage highlighted on this service or in the estimates provided by our company, or when they violate any notes specified by us.
  6.      Our company shall not be liable for any damages incurred by the user arising from this service.
  7.      Notwithstanding the provisions of the preceding items, this disclaimer does not apply when the service utilization contract is deemed to be a consumer contract in accordance with the Consumer Contract Act.
  8.      Even in the situation stated in the previous item, our company shall not incur liability for damages occurred to the user due to its own breach of duty or unlawful act, excluding cases of intent or gross negligence, and shall not be liable for damages exceeding the amount paid by the user for the relevant components (limited to the amounts related to the business commission contract between the user and our company when related to damages issues), nor shall it be responsible for incidental damages, indirect damages, future damages, lost profits, or any damages arising out of special circumstances (including situations where our company or the user foresaw or could have foreseen the occurrence of such damages).
  9.      Users shall resolve any transactions, communications, or disputes arising between themselves and other users or third parties associated with this service at their own responsibility.
  
  

• (Confidentiality)
  Users shall keep any non-public information disclosed by our company that requires confidentiality in connection with this service confidential, unless prior written consent of our company has been obtained.
  
  

• (Handling of User Information)
  Our handling of the information of registered users is governed by this privacy policy.
  
  

• (Changes to These Terms)
  1.      Our company may change these terms if deemed necessary.
  2.      When changing these terms, our company shall make public the change regarding these terms contents and the effective date of changes through announcements on this service or other methods prescribed by us. However, for changes that legally require consent from registered users, our company will separately obtain such consent from the designated registered users.
  
  

• (Contact, etc.)
  1.      Inquiries regarding this service or any contacts or notifications from users to our company, as well as notifications regarding changes to these terms or other notices from our company to the users shall be made using the methods prescribed by our company.
  2.      If our company contacts or notifies the email address or other contact information included in the registration information, the registered user shall be deemed to have received such communication or notification.
  
  

• (Transfer of Position in the Service Utilization Contract, etc.)
  1.      Users may not transfer their position in the service utilization contract or rights or obligations under these terms to any third party without prior written consent from our company.
  2.      If our company transfers the business associated with this service to a third party or in the case of any corporate restructuring such as splits or mergers (hereinafter referred to as "Transfer of Business, etc."), it may transfer its position in the service utilization contract or business commission contract, as well as rights and obligations under these terms, and the users' registration information and other information to the transferee in the Transfer of Business, etc. The user agrees in advance to such Transfer of Business, etc.
  
  

• (Severability)
  If any provision of these terms or any part thereof is judged to be invalid or unenforceable by the Consumer Contract Act or other laws and regulations, the remaining provisions of these terms and any remaining parts of the invalid or unenforceable provisions shall continue to be fully effective.
  
  

• (Governing Law and Jurisdiction)
  1.      The governing law of these terms, the service utilization contract, and the business commission contract shall be Japanese law.
  2.      For any disputes arising from or related to these terms, the service utilization contract, and the business commission contract, the Tokyo District Court shall be the exclusive court of first instance.

VUILD Inc.
Last revised: December 6, 2024