These holoplus Terms of Services (“Terms”) set forth the terms and conditions that you, as the user (“User” or “Users” (as defined in Article 2)), are required to comply with when using these Services (defined in Article 2) that are provided by COVER Corporation (“Company”) as well as the rights and obligations of Users in connection with the Services. We ask that those who use the Services please read the entire text of these Terms before agreeing to them.
By clicking the button that says, “I Agree” (or the text that displays the equivalent of this statement), which is displayed within Software (as defined in Article 2), and by using the Software, it shall be deemed that the User has read these Terms and has agreed to these Terms upon understanding the terms and conditions of these Terms. In the case where the User is a Minor (defined below), it shall be deemed that the legal guardian who has parental authority or guardianship rights over the User that is a Minor has agreed to these Terms.
If you are under the age of 13, you are prohibited from registering and using these Services.
Under the Children’s Online Privacy Protection Act of the United States, the Company shall not be held liable if your child falsifies his/her age and registers for the Services. If you find that your child is using holoplus and the Services, please contact us at [https://share.hsforms.com/1rBi_Y6_ZSDqwSBiH2wHTzQbzjz3 ] immediately so we can delete your child’s personal information from our system. Please note that this will result in your child’s Account becoming permanently deleted.
1 . These Terms apply to any and all matters related to the use of Services that arise between the User and the Company. The purpose of these Terms is to set forth the rights and obligations between the Company and the User in relation to the use of the Services.
2 . Any other rules, regulations and the like related to the Services that the Company creates and are posted, from time to time, on the Website (defined in Article 2) shall be incorporated by reference into these Terms.
The following terms used in these Terms shall have the respective meanings set forth below.
1 . T“Intellectual Property Rights” shall mean copyrights, patent rights, utility model rights, trademark rights, design rights and any other intellectual property rights (including any rights to register such rights upon obtaining such rights).
2 . T“Website” shall mean websites that the Company operates and any other future platforms on which the Service is provided, including applications that are operated by the Company.
3 . T“Service” shall mean the “holoplus” app and any other services related to the foregoing.
4 . T“Software” shall mean software related to the Services that the Company provides and shall include any patches, revisions and updates to the foregoing.
5 . T“User” shall mean individuals that created accounts and become the users of the Services upon agreeing to these Terms.
6 . T“Account” shall mean the username or symbol that identifies the User that was created upon agreeing to these Terms.
7 . T“Account Information” shall mean information that Users provide to the Company in order to create an Account or use the Services that the Company designates,
including usernames, passwords, email addresses and the like.
1 . The Company shall grant to Users a limited, non-exclusive, non-assignable, irrevocable, personal license to install the Software on his or her mobile device on the condition that the User agrees with these Terms and any other terms of service related to the Services, and also complies with all such terms of service.
2 . The license based on Article 3(1) shall not be interpreted as if the Company has assigned its rights related to the Software, including any ownership rights or Intellectual Property Rights. The User understands and agrees to this.
1 . In order to use the Services, the User will have to create an Account related to the Services. The User shall follow the Account creation procedures that are set forth by the Company in doing so.
2 . The User shall be able to use the Services with the Account set forth in Article 4(1) upon complying with these Terms and any other terms of service that are set forth separately on the Website.
3 . While the User is creating the Account or even after a User has created an Account, if the User falls under any of the circumstances listed below or admits that there is a possibility that any of the following circumstances apply, the Company may deny the creation of the Account during the account creation process or, if the Account has been already created, may suspend or delete the Account. Please note that the Company shall not have any responsibility to disclose to the User the reason for denying, suspending or deleting the Account, and the User agrees to this.
a . When there are errors or omissions in all or a part of the Account Information that has been provided.
b . When fabricating information that does not exist along with a third party and providing such fake information, or providing other false information.
c . When violating these Terms, which shall include terms of service that were issued in the past, or when it becomes clear that a User is one who has previously had his/her Account suspended or canceled.
d . When it becomes clear that the User has violated any terms of service of the Company (including these Terms).
e . When the Company reasonably determines that the Account is not appropriate for any other reason.
4 . In the case where Users create an Account related to the Services by relying on a social media account that is provided by a third party and/or a third-party service for account verification, Users shall comply with the terms of service that are set forth by the respective third party for such services.
1 . The User shall be personally responsible for saving his/her login ID and password, including information related to any third-party accounts used for third-party account verification, and agrees to appropriately manage his/her Account. The Company shall not guarantee in any way the outflow or leakage of a User’s login ID and password that occurs.
2 . Any use of the Services that are performed using the User’s Account shall be deemed to be usage by the Account User. Any usage fees or other liabilities that result from the use shall be the User’s responsibility to bear.
3 . The User shall not be permitted to assign, loan or have his/her Account succeeded (whether with or without consideration).
4 . If the Company determines that a User has violated these Terms or any other terms of service set forth by the Company, the Company may, at any time, in its sole discretion, suspend or delete the Account of such User and shall not be responsible for any losses that the User suffers as a result, except for circumstances that arise from the Company’s intentional misconduct or gross negligence.
5 . In the case where there are changes to the Account Information of an Account that has been created, the User shall notify the Company of any such changed matters by a method that the Company separately designates.
1 . Users shall be able to generally use the Services and download the Software free of charge. However, the Company may provide services that require payment within all or a part of the content of the Services, including expansions of the Software, updates and in-app items (including but not limited to the ability to unlock in-app functions, in-app currency and selling items within the app).
2 . Users shall have to pay the usage fees set forth by the Company when using services that require payment that are set forth in Article 7(1). Once a User pays usage fees, they will not be refundable for any reason excluding circumstances that are separately set forth by the Company.
3 . The usage fees and payment methods shall be set forth on the Website or the website of the Service.
4 . The Company may impose to Users certain restrictions depending on the age of Users and payment methods.
1 . The Company shall be able to change the usage fees and payment methods at any time.
2 . Changes made in accordance with Article 8(1) shall become effective at the time that the changed content is displayed on the Website or the website of the Services.
3 . Users agree that they shall confirm the content and the like of payment methods that are periodically posted on the Website and the website of the Services so that they are aware of the content of notices on a timely basis.
1 . The User shall pay usage fees according to the payment processing method, payment conditions and the like that the Company designates.
2 . The User shall not be permitted to use any names other than his or her own as payment processing information when paying for any usage fees. However, in the case where the User is a Minor, he/she may use the name of his/her legal guardian after obtaining the consent of such legal guardian.
3 . The Company shall not bear any responsibility over any losses or damages suffered by the User that result from matters such as payment processing methods being used by third parties, except for circumstances that arise from the Company’s intentional misconduct or gross negligence.
1 . The User shall not engage in any of the following acts set forth below when using the Services.
a . Any acts that infringe any Intellectual Property Rights, any portrait rights, any privacy rights, any reputational rights and any other rights or benefits of the Company or third parties (includes any acts that directly or indirectly elicits or provokes infringement).
b . Any acts that relate to criminal acts or any acts that go against public policy.
c . Any acts that violate laws and regulations or violate any of the various rules related to the Services that are separately set forth by the Company.
d . Any acts that send any computer viruses or any other harmful information including computer programs.
e . Any acts of sending an amount of data that exceeds the permissible amount set forth by the Company through the Services.
f . Any acts that excessively burden the infrastructure for the Services.
g . Any acts that attack in any way the server, system and/or security measures of the Services.
h . Any acts that attempt to access the Services by a method that is something other than the interface provided by the Company.
i . Any acts that can reasonably be viewed as harmful to the Company being able to operate the Services.
j . Any other acts that the Company reasonably determines as inappropriate.
2 . Users shall comply with the communication guidelines set forth in the provisions below (“Communication Guidelines”) when using the Services and shall not engage in acts that fall outside these guidelines.
a . Users shall not make discriminatory expressions.
i . “Discriminatory expressions” shall include but are not limited to expressions that discriminate based on race, nationality, citizenship, gender or religion.
b . Users shall not persistently interact with other Users who do not desire the interaction.
i . “Persistently interact” shall mean to persistently follow around and interact with a specific User and includes acts such as commenting.
c . Users shall not publicize their own personal information or the personal information of others.
i . Regardless of whether it is to try and meet someone or for any other reason, Users shall not engage in any acts of publicizing their own or a third party’s name, address, contact information or any other personal information.
d . Users shall not defame, make violent comments against, threaten, excessively criticize, reject or engage in any other immoral acts against others i . Even if a User’s act does not fall under the specific acts set forth in Article 10(2)(d) above, Users shall not make any other statements, express themselves or engage in acts that are inconsiderate of others or that lack morals.
e . Users shall not take any actions to interfere, interrupt or block any consecutive comments and chat messages in the Service.
f . Users shall not engage in any other acts that the Company reasonably determines to be inappropriate upon considering the nature of the chatroom.
3 . In the case where the Company reasonably determines that the acts of a User sending information through the Services falls under or seems that they will fall under any of the acts set forth in Article 10(2), the Company shall have the right to delete, suspend the transmission, or take other preventative measures against all or a part of such information. In addition, the Company may temporarily suspend or delete the User’s Account. The Company shall not bear any responsibility for any losses suffered from Users as a result of these preventative measures that the Company took based on this Article 10(3), except for circumstances that arise from the Company’s intentional misconduct or gross negligence.
4 . The User agrees to the Company being able to confirm comments and other information related to the history of use of the User when there are concerns that the User violated these Terms, including the Communication Guidelines, in order to protect the Users for the Service, the “talents” or the virtual content creators that are affiliated with the Company, and the Company’s employees. The User also agrees to the Company being able to provide and disclose such information to any judicial institutions.
1 . The Company shall be able to suspend or interrupt all or a part of the Services without providing any notice to the User in advance in any of the following circumstances.
a . When performing periodic or emergency inspections or maintenance of the computer systems related to the Service.
b . When computers, communication lines and the like stop functioning due to accidents.
c . When the Services cannot be operated due to fires, power outages, natural disasters or other acts of force majeure.
d . When the Company otherwise determines that it is reasonably necessary to suspend or interrupt the Services.
2 . The Company shall be able to terminate the provision of the Services by making a reasonable determination. In this case, the Company shall provide advance notice to the Users to the extent possible.
3 . The Company shall not bear any responsibility whatsoever with respect to any losses (including the deletion of Accounts) that Users may suffer based on any measures taken by the Company pursuant to this Article 11, except for circumstances that arise from the Company’s intentional misconduct or gross negligence.
1 . The User shall be responsible for providing for himself or herself and paying the costs of any preparation or maintenance of any necessary smartphones, software, other devices, communication lines and communication environment and the like to be able to receive the provision of the Services.
2 . Users shall be responsible for setting up and paying the fees for any preventative measures against computer viruses and unauthorized access as well as other security measures to prevent the leakage of information and the like for their own environment to use the Services.
3 . When the User installs the Services and other software and the like to their smartphones and the like by downloading from our Website or some other method when beginning to use the Services or while using the Services, the User shall pay sufficient attention so that the information that the User has is not destroyed or modified or that his or her device breaks, becomes damaged or the like.
Any and all ownership rights and Intellectual Property Rights related to the Website and the Services belong to the Company or to a person whom the Company grants a license to. The license granted to use the Services based on registering for the Services as set forth in these Terms were only granted for the express purpose stated therein and as indicated in these Terms and shall not otherwise be deemed to be an assignment of or any other type of license to use any Intellectual Property Rights of the Company or a person to whom the Company granted a license to in connection to the Website and the Service. Users shall not have the right to engage in any acts for any reason whatsoever that may infringe upon the Intellectual Rights of the Company or of a person to whom the Company granted a license to (including but not limited to acts such as reverse assembling, reverse compiling and reverse engineering).
1 . In the case where a User falls under any of the following circumstances, the Company shall be able to temporarily or permanently suspend or terminate the use of the Services for a User without providing any prior notice.
a . When the User violates any of the provisions of these Terms
b . When the User uses or attempts to use the Services for a purpose or by a method that may cause the Company or a third party to suffer any damages
c . When the Company reasonably determines that the User is an organized crime group, a member of an organized crime group,a person for whom five (5) years have not elapsed since ceasing to be an organized crime group member or associate member of an organized crime group, an associate member of an organized crime group, an organization related to an organized crime group, a corporate racketeer, a political racketeer, an organized crime syndicate, or any other organization or individual that seeks financial gain using violent, threatening of fraudulent means (collectively, “Antisocial Forces”), is maintaining, operating or financially cooperating with any Antisocial Forces by investing or other means, or is interacting or related in any way to Antisocial Forces
d . When the Company reasonably determines that it is not appropriate for a User to continue using the Services
2 . The Company shall not be liable in any way whatsoever for any damages that a User suffers from any acts taken by the Company based on this Article 14, except for circumstances that arise from the Company’s intentional misconduct or gross negligence.
1 . The Services shall be provided “as is” and the Company does not provide any warranties or guarantees whatsoever related to the Services, including any warranties for fitness for a particular purpose, commercial use, completeness, continuity, etc.
2 . Even in the case where the User directly or indirectly obtains any information related to the Service, the Website or any other matters from the Company, the Company shall not guarantee any matters to the Users other than the matters that are set forth in these Terms.
3 . Users shall investigate whether using the Services would violate the laws and regulations of the jurisdiction that the User resides in and any internal rules of any organizations that the User belongs to and shall bear the costs of such investigations. The Company does not warrant to the User that the use of the Services by the User complies with the laws and regulations that apply to the User in his or her jurisdiction and the internal rules and the like of organizations that the User belongs to.
4 . Any disputes that arise between the User and a third party with respect to the Services or the Website shall be handled and resolved by the User, alone, and the Company shall not bear any responsibilities or liabilities whatsoever regarding such matters unless the cause of the dispute is directly attributable to the Company.
5 . The Company shall not be responsible for having to compensate the Users or any third parties for any reason whatsoever with respect to damages suffered by the User that relate to the suspension, interruption or termination of the provision of the Services, the fact that the Services became unusable, any changes to the Services, any loss of data or any failures or damages to the User’s devices from using the Services or any other related matters, unless the cause of such damages is directly attributable to the Company.
6 . Even in the case where the Services or the Website provide a link to another app or a website, or when a link is provided to the Services or the Website from another app or a website, the Company shall not be responsible in any way whatsoever for any information that is obtained from any apps or websites other than the Services and the Website unless the cause of the issue is directly attributable to the Company.
7 . If the Company is liable to compensate the Users for damages due to the applicability of the Consumer Contract Law of Japan or some other mandatory and enforceable regulations, the maximum amount that the Company shall be liable to pay the User shall be the total amount of the usage fees of the Services that the Company actually received from the User during the three-month period before the point in time that damages resulted (in the case where the Company has not received any usage fees from premium services by the User during this three-month period, the amount to be paid shall be 300 Japanese yen).
1 . In the case where the User violates these Terms or when the User causes the Company to suffer damages from using the Services, the User shall compensate the Company for any damages that it caused.
2 . In the case where the User receives a claim from a third party or a dispute arises with a third party that relates to the Services, the User shall immediately notify the Company of the nature of such claim or dispute, and shall be responsible for resolving such claim or dispute and paying the costs thereof as well as reporting the history and the results of such resolution to the Company if the Company so requests.
3 . In the case where the Company receives some sort of claim from a third party for the infringement of rights or any other reason that relates to the User’s use of the Services, the User shall compensate the Company for any amounts that the Company had to pay to such third party based on such claims.
The agreement (the “Use Agreement”) between the User and the Company with respect to the use of the Service in accordance with the Terms shall become effective on the day that the User installs the Software and shall remain effective until either the day on which the User terminates its use of the Services or the day on which the provision of the Services is terminated by the Company, whichever is earlier.
1 . The Company shall have the right to freely change the content of the Services.
2 . The Company shall have the right to change these Terms (including any other rules, regulations and the like that are posted on the Website or the Service). In the case where the Terms are changed, the Company shall publicize the content of the change and the effective date of the change through a predetermined method by the effective date of the change. If the User uses the Services after the publicized effective date, it shall be deemed that the User has agreed to the changes in the Terms.
Communications or notices from the User to the Company related to inquiries regarding the Services and any communication or notice from the Company to the User regarding changes to these Terms shall be made in a manner that the Company designates.
1 . The User shall not be able to assign, transfer, collateralize or otherwise dispose of its rights or obligations based on his/her status with respect to this contract or these Terms to any third party without the prior written consent of the Company.
2 . In the case where the Company assigns a part of any business related to the Services to a third party (regardless of whether it is due to a business assignment, company split or any other form), the Company shall be able to assign its status based on this contract, any rights and obligations based on these Terms and any registration information and other customer information of the Users to the assignee. The User agrees in advance to such an assignment set forth in this Article 20(2).
These Terms shall comprise the entire understanding between the Company and the User related to all the matters included in these Terms and shall supersede any agreements, representations or confirmations that were made in the past between the Company and the Users related to matters that are included in these Terms.
In the case where any of the provisions or any part of the provisions of these Terms are rendered void or unenforceable by the Consumer Contract Law of Japan or any other law or regulation, the rest of the provisions of these terms and/or the remaining parts of the provision of these Terms shall continue to remain entirely effective. Furthermore, the Company and the User shall deem the voided or unenforceable provision or part of the Terms to be legitimate, shall revise the scope of such provision or part so that it can be enforceable and shall strive to capture the intention of the voided or unenforceable provision or part as well as the equivalent legal and financial effect.
The provisions of Articles 5.4, 6, 7 (to the extent that the usage fee is unpaid), 9 (to the extent that the usage fee is unpaid), 10.3, 11.3, 12, 13, 14.2, 15, 16, 18.2, 19, 21 through 25 shall survive the expiration or termination of this Contract and remain in full force and effect.
These Terms shall be governed by Japanese law without regard to conflict of law provisions. The Tokyo District Court shall be the exclusive court of first jurisdiction for any disputes that arise that are caused by or relate to these Terms.
In the case where there are any doubts as to any matters that are not set forth in these Terms or the interpretation of these Terms, the Company and the User shall strive to promptly resolve such doubts upon mutual understanding based on the principle of good faith.
Established August 29, 2023