Terms of Use

These Terms of Use of SYMMETRY Products (the "Terms of Use") specify conditions for use of "SYMMETRY" software (defined below) provided by DVERSE Inc. ("we," "us," "our" or "ours"). Execution of Software License Agreement etc. by a Registered User with any of our Sales Partners to use the Software shall be deemed an acceptance of these Terms of Use by the Registered User. With respect to Third-Party Service which requires registration and consent in order to use the Software, the Registered User shall register such service and consent to terms of use etc. therefor at his/her own discretion and responsibility, and comply with such terms of use etc.

Article 1
Definitions

Each term used herein shall have the following meaning respectively.

  1. The "Software" means "SYMMETRY" software provided by us (software whose name contains "SYMMETRY"; including "SYMMETRY VR App," "SYMMETRY Cloud," "SYMMETRY Plugin for SketchUp" and any other products and services accompanying them).
  2. The "Company Website" means a website of which the domain is "symmetryvr.com/" and which is operated by us (including the website after change of its domain or contents for any reason whatsoever).
  3. The "Registered User" means a legal or natural person registered as a user of the Software.
  4. The "Registered Information" means information provided by a person who desires registration to us or a Sales Partner when the person starts use of the Software as provided in Article 4 herein.
  5. The "person who desires registration" means a legal or natural person who desires purchase and use of the Software.
  6. The "User ID" means name and email address contained in the Registered Information.
  7. The "Project" means a unit to share Project Data in the Software.
  8. The "Project Manager" means a legal or natural person who creates and manages a Project in the Software.
  9. The "Project Member" means a legal or natural person who is invited by the Project Manager to a Project created by the Project Manager.
  10. The "Project Data" means data uploaded to the Software such as 3D model, or image, 3D object and data such as voice, text and figure created by using the Software.
  11. The "Sales Partner" means a business operator which takes all actions and provides all support etc. relating to sales on behalf of us as a contact point for sales and support to a Registered User pursuant to a sales partner agreement with us.
  12. The "Software License Agreement" means various agreements relating to purchase and use of the Software, which are entered into between a Sales Partner and a person who desires registration in a manner designated by each Sales Partner.
  13. The "License Agreement" means an agreement relating to conditions for provision of the Software and to use thereof, which is made between us and a Registered User pursuant to Article 4, Paragraph 4 herein.
  14. The "Third-Party Service" means such software or service provided by a third party other than us and used by a user in connection with use of the Software as Steam, Steam VR, Trimble Connect and 3D Warehouse.

Article 2
Scope of Application

These Terms of Use provide conditions for provision of the Software, and rights and obligations relating to use of the Software between a user and us. These Terms of Use shall apply only to all matters relating to use of the Software between us and a user (regardless of whether such use is charged or not, and including use of a trial version of the Software) and shall not apply to rights and obligations relating to use of Third-Party Service between a user and the operator of such Third-Party Service.

Article 3
Amendment of the Terms of Use etc.

We may amend these Terms of Use by means which we consider appropriate (including but not limited to display on our website and email). When there is a material change to these Terms of Use, we shall notify a Registered User of details of such change at least 30 days prior to the change. Use of the Software by a Registered User after the change to these Terms of Use, no proceedings to terminate the Software License Agreement by a Registered User after it, or no proceedings of deregistration by a Registered User by means separately designated by us during a period designated by us after it shall be deemed a Registered User’s acceptance of the change to these Terms of Use.

Article 4
Registration and Use

  1. A person who desires registration for the Software may require sale and use of the Software of us and a Sales Partner with his/her consent to compliance of these Terms of Use and by providing Registered Information designated by us and the Sales Partner in a manner designated by us and the Sales Partner.
  2. When we or a Sales Partner determines that a person who desires registration and requires it pursuant to Paragraph 1 above falls under any of the following items, we or the Sales Partner may reject the registration, or suspend his/her use and cancel the registration. In this case, we or the Sales Partner does not have an obligation to explain the reason for such rejection.
    1. Violation of these Terms of Use
      In a case where we or a Sales Partner determines that the person is likely to violate these Terms of Use.
    2. Incompleteness etc. of Registered Information
      In a case where any or all of Registered Information is false, incorrect or missing.
    3. Past deregistration
      In a case where the person is a legal or natural person whose user registration for the Software was cancelled in the past.
    4. Minor etc.
      In a case where the person is a minor, an adult ward, or a person under curatorship or assistance, and such person does not obtain the consent etc. from his/her statutory agent, guardian, curator, or assistant.
    5. Anti-social forces
      In a case where the person is anti-social forces etc. (i.e. an organized crime group, an organized crime group member, an anti-social force and others equivalent thereto) or we or a Sales Partner determines that the person has some relationship with or some involvement in anti-social forces in a manner that he/she cooperates with or engages in maintenance, operation or management of anti-social forces etc. by provision of funding or other means.
    6. Others
      In a case where there is a reason equivalent to any of the foregoing items or otherwise we determine that the registration is not adequate.
  3. We and a Sales Partner determine whether a person who desires registration may be registered or not pursuant to Paragraph 2 above and based on other standards, and if we and a Sales Partner permit the registration of the person, we and the Sales Partner will notify the person of such permission. The person who desires registration may use the Software as a Registered User by entering a product key written in the notification upon initial start-up of the Software. The Registered User may use the Software during the term of the License Agreement in accordance with these Terms of Use.
  4. Upon the notification to a person who desires registration pursuant to the preceding paragraph, the License Agreement shall be established between us and the Registered User in accordance with these Terms of Use.
  5. When there is a change in the Registered Information, the Registered User shall notify a Sales Partner of the detail of such change with no delay by means designated by the Sales Partner.

Article 5
Types of Registered User

  1. A Registered User may launch a Project by means prescribed by us and then becomes a manager of the Project.
  2. A manager of a Project may allow other Registered Users to join in the Project which he/she manages by means prescribed by us. The manager may also grant, to the participant (Project Member), an authority of either a manager, an editor (i.e. among Project Members, a Registered User to whom the manager grants an authority for operation provided in Paragraph 4 below), or a viewer (i.e. among Project Members, a Registered User to whom the manager grants an authority for operation provided in Paragraph 5 below).
  3. A manager shall conduct such operation prescribed by us as making various settings and changing types of authorities of Project Members in the Project which he/she manages (the "Administrative Operations") at his/her own responsibility.
  4. A Project Member who is an editor may conduct operations other than the Administrative Operations relating to the Project, in the Software.
  5. A Project Member who is a viewer may conduct such operations as viewing Project Data relating to the Project that has been uploaded or created by himself/herself or a Project Member and other operations prescribed by us, in the Software.
  6. A Project Member might cease to be able to use a part of functions of the Software relating to the Project due to changes in his/her type of authority by the manager or other settings. We are not liable for any trouble etc. arising out thereof among the Registered Users.

Article 6
License Conditions

  1. A Registered User shall be permitted only to use the Software non-exclusively during the use period in a general manner. We reserve copyright, patent, trademark rights, know-how and any other intellectual property rights (the "Intellectual Property Rights") and ownership in or to the Software.
  2. A Registered User may install the Software on computer systems without limitation of number of the computer systems. However, even in this case, the Registered User may not use multiple computer systems where the Software is installed simultaneously and may use only one of such computer systems at one time.

Article 7
Prohibitions

  1. A Registered User shall not conduct any of the following acts in course of using the Software.
    1. Infringement of Intellectual Property Rights
      Act to infringe on Intellectual Property Rights, portrait rights, privacy rights, dignity, and other rights or interests of us, other Registered User or other third party (including an act to cause such infringement directly or indirectly).
    2. Unauthorized use of User ID
      Act to use User ID of other Registered User or to cause a third party to use his/her own User ID.
    3. Act beyond user authority
      Act to send and receive Project Data in relation to a Project other than one which he/she is permitted to join in.
    4. Secondary use of data
      Secondary use (which accompanies processing and change to a file format) of sample of 3D model, image data and other contents contained in the Software.
    5. Act against public policy
      Act relating to a crime or against public policy.
    6. Violation of laws and regulations etc.
      Act to violate laws and regulations, or internal rules of industry associations etc. to which we or the Registered User belongs.
    7. Alteration of the Software
      Act to analyze and alter the Software (including but not limited to disassembling and decompiling the Software).
    8. Attack to the Software
      Act to send information containing computer virus, malware or other malicious program.
    9. Falsification of information
      Act to falsify information which is likely to be used in relation to the Software.
    10. Sending massive data
      Act to send data the amount of which is more than one prescribed by us via the Software.
    11. Interference of business operation
      Act to interfere with our business or which we determine is likely to interfere with our business.
    12. Others
      Other acts which we determine are inappropriate.
  2. When we determine that an act of a Registered User in the Software falls under any of the items of preceding paragraph or is likely to fall under it, we may terminate use of the Software by the Registered User and cancel his/her registration, and delete information relating to him/her without prior notice to him/her. We are not liable for any damage caused to the Registered User by measures taken by us pursuant to this paragraph.

Article 8
Outsourcing of Support Service

We outsource support service for a Registered User in relation to use of the Software, in whole or in part, to a Sales Partner. If support service is necessary in course of using the Software, the Registered User shall contact a Sales Partner from which he/she purchased the Software.

Article 9
Disclaimer

  1. The Software is provided "as is." We make no warranty with respect to use of the Software including fitness for a particular purpose, completeness, continuity or the like.
  2. We have no obligation to store Project Data handled in the Software and a Registered User shall be solely liable for management and backup of Project Data.
  3. We shall not be liable for any damage caused to a Registered User arising out of loss or divulgence of Project Data in whole or in part, or otherwise in connection with the Software, due to an improper operation, loss of electronic device etc., use of the Software in environment other than one recommended by us, use or deletion of Project Data, upload etc. of such data as image and drawing by a Registered User, or malfunction of the Software, unauthorized access to electronic device etc. where the Software is used.
  4. We shall not compensate for cost incurred in transition of Project Data due to unavailability of the Software to a Registered User for any reason.
  5. Even in a case where a Registered User obtains information relating to other Registered User or to use of the Software by other Registered User directly or indirectly from us or such information source as the Software, the Company Website and a third-party website, we shall not make any warranty other than one provided herein to the Registered User.
  6. A Registered User shall confirm whether use of the Software violates laws and regulations, and internal rules etc. of industry associations etc., which are applicable to himself/herself at his/her own responsibility and cost. We make no warranty in this regard.
  7. A Registered User shall process and settle transaction, communication, dispute and the like arising between the Registered User and other Registered User or a third party in connection with the Software or the Company Website, and we shall not be liable therefor.
  8. We shall not be liable for any damage caused to a Registered User or a third party by infringement of Intellectual Property Rights (including author’s moral right) which the Registered User or the third party has in Project Data due to edit, addition, deletion, modification, etc. of Project Data using the Software. The Registered User shall settle such infringement and damage at his/her own cost and responsibility.
  9. We shall not be liable for any damage caused to a Registered User by discontinuation, suspension or termination of providing the Software by us, unavailability or alteration of the Software, deletion or loss of information of the Registered User, loss of data or malfunction/damage of device in course of using the Software or otherwise in connection with the Software.
  10. Even in a case where we store data of 3D model and other information sent and/or received by a Registered User for a certain period, we shall not have any obligation to store such information and may delete it at any time.
  11. In a case where a Registered User downloads and installs the Software by means provided by a Sales Partner upon the commencement of use of the Software or during use of the Software, the Registered User shall pay enough attention so as not to cause loss or falsification of information stored by himself/herself or so as to prevent malfunction/damage etc. of device. We shall not be liable for such damage caused to the Registered User in any event.
  12. Even in a case where we are liable for damages caused to a Registered User under the Consumer Contract Act or for other reason, our liability shall not exceed the amount of the Software the Registered User purchased from the Sales Partner. However, this does not apply to a case that damage is caused to the Registered User by our intentional act or gross negligence.

Article 10
Registered User’s Liability for Damages etc.

  1. A Registered User shall compensate us for damages caused to us by violation of these Terms of Use or in connection with use of the Software.
  2. In a case where a complaint is made against a Registered User by other Registered User or a third party in connection with the Software, or a dispute arises among them, the Registered User shall immediately notify us of the detail of such complaint or dispute. In addition, the Registered User shall settle such complaint or dispute at his/her own cost and responsibility, and shall report to us progress and result of the settlement upon our request.
  3. With respect to use of the Software by a Registered User, if other Registered User or a third party makes some claim against us for such reason as infringement of his/her right, the Registered User shall compensate us for damages which we were forced to pay upon the claim.

Article 11
Procurement etc. of Facilities

  1. A Registered User shall prepare and maintain computer, software and other devices, communication line etc. necessary to use the Software at his/her own cost and responsibility.
  2. A Registered User shall take security measures for prevention of infection by malicious program such as a computer virus, and prevention of unauthorized access and divulgence of information, etc. depending on his/her environment where the Software is used at his/her own cost and responsibility.

Article 12
Upgrade of the Software

Support of the Software and new version of the Software (the "Upgrade") are provided as follows, setting a day of release of the applicable Software as the base (the "Base Date"). However, we shall not provide any support for a third-party software.

  1. A Registered User may purchase the Software additionally or optional program without restriction of the Base Date. However, the Registered User may purchase only the latest version of an applicable product on sale.
  2. A Registered User shall always use the latest version of the Software provided by us. In a case where the user does not use the latest version, we may not provide support to the user.
  3. In a case where the Upgrade of the Software is distributed by us (including automatic update), a Registered User shall agree with the following.
    1. Changes in functions
      Following upon the Upgrade of the Software, some functions may be added, changed or removed.
    2. Applicable conditions after amendment of these Terms of Use
      These Terms of Use shall also apply to the Software after the Upgrade. In addition, if these Terms of Use are amended or modified following upon the Upgrade of the Software, the Terms of Use after the amendment or modification shall apply.

Article 13
Management of Password and User ID

  1. A Registered User shall manage and retain a password and User ID at his/her own responsibility and shall not cause a third party to use them, or rent, assign or sell them, or change their ownership.
  2. A Registered User shall be liable for damages caused by insufficient management or misuse of a password or User ID, use of them by a third party or the like. We shall not be liable for such damages.
  3. When a Registered User notices theft of a password or User ID, or unauthorized use of them by a third party, the Registered User shall immediately notify us or a Sales Partner thereof and shall follow our instructions for settlement of such incident.
  4. With respect to a password and User ID for Third-Party Service, they shall be provided, retained and managed in accordance with terms of use etc. provided by an operator of the Third-Party Service. We shall not be liable therefor.

Article 14
Transfer of Contractual Status etc.

  1. A Registered User may not transfer the contractual status in the License Agreement or assign his/her rights or delegate his/her obligations under the License Agreement in whole or in part to a third party (including universal succession in case of merger, company split etc.) or pledge them as a collateral without obtaining prior written permission from us.
  2. If we transfer our business relating to the Software to other company, we may transfer the contractual status in the License Agreement, assign our rights and delegate our obligations under these Terms of Use, and provide Registered Information of a Registered User and other customer information to the assignee upon the business transfer. The Registered User shall be deemed to agree such transfer in advance by this paragraph. Business transfer provided in this paragraph shall include not only ordinary business transfer but also any other case of business transfer such as company split.

Article 15
Attribution of Rights

  1. Ownership and Intellectual Property Rights in or to the Company Website and the Software are entirely attributed to us and our licensor. Unless expressly provided herein, license of the Software based on registration provided herein shall not be construed as assignment or license of the Intellectual Property Rights by us or our licensor with respect to the Company Website or the Software. A Registered User shall not commit an act (including but not limited to disassembling, decompiling and reverse engineering) which is likely to infringe on Intellectual Property Rights of us or our licensor for any reason.
  2. Intellectual Property Rights in or to Project Data shall be attributed to a Registered User who created the Project Data or a business operator which employs such Registered User. However, we shall reserve right to use Project Data only for purposes of research and development of the Software and other software etc. of ours. In this case, the Registered User shall not exercise his/her moral right against us.

Article 16
Handling of Personal Information

We shall handle personal information of a user in accordance with the privacy policy (http://symmetryvr.com/privacy/) separately provided by us. The user shall agree with such handling.

Article 17
Severability

  1. Even if any clause herein or any part hereof is determined void or unenforceable under laws and regulations etc., the remaining clauses herein and the remaining parts of such clause shall remain in full force and effect.
  2. We and a Registered User shall make an effort to ensure intention of the clause or part determined void or unenforceable, and legal and economic effect equivalent to one of the clause or part by amending the clause or part to the extent necessary to make the clause or part legal and enforceable.

Article 18
Term

The License Agreement shall be in full force and effect between us and a Registered User during period of providing the Software (from the day when the License Agreement is established for the Registered User pursuant to Article 4, Paragraph 4 herein to the day when the registration of the Registered User is cancelled or when we terminate provision and operation of all the Software).

Article 19
Survival

Articles 9, 10, 14, 15, 16, 17, 19 and 20, and other clauses which shall survive for their nature, shall survive the termination of use of the Software by the Registered User and the termination of the License Agreement, and remain in full force and effect.

Article 20
Governing Law and Agreed Jurisdiction

These Terms of Use shall be governed by laws of Japan. The parties hereto agree that the Tokyo District Court shall have exclusive jurisdiction for the first instance over any dispute arising out of or in connection with these Terms of Use.

Article 21
Consultation

If any doubt arises in connection with matters not provided herein or with interpretation hereof, we and the Registered User shall consult mutually in accordance with the principle of good faith and settle it.

These Terms of Use shall be applicable since August 27, 2018.