Terms of Service

WOW AR Terms of Service 

These terms of service (“Terms”) set forth conditions related to use of the App (defined in Article 1) provided by WOW inc. (“Company”) and the right and duty relationships between the Company and Users.  

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You must read the entire text of these Terms and give consent hereto in order to use the App. 

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Article 1: Definitions 
The terms used herein shall have the meanings ascribed to them below. 
(1)    “App” means the Company-provided application software named “WOW AR” (including inventions, conceptions, designs, marks, creations, images, videos, sound sources, text, drawings, programs, code, ideas, knowhow, methods, plans, specifications, formulae, algorithms, data, and all other products, and also including, in the case where the names or particulars of services have been amended for any reason whatsoever, such services as amended).   
(2)    “WOW AR Art” means, individually or collectively, AR artworks and other similar content in the App library.
(3)    “User” means any person using or seeking to use the App. 
(4)    “User Content” means images and videos captured/filmed by Users using the App. 
(5)    “Intellectual Property Rights” means copyrights, patent rights, utility model rights, design rights, trademark rights, neighboring rights, and other intellectual property rights (including rights to acquire or apply for registration etc. of such rights). 
(6)    “Moral Rights of Author” means rights to make a work public, rights to integrity, rights of attribution, and rights to maintain honor and reputation, as set forth in the Copyright Act, including any new rights which may be added as a result of future revisions of law etc. 

Article 2: Consent to Terms 
1.    Users shall use Services in accordance with these Terms, having first given valid and irrevocable consent hereto. 
2.    In the case where a User is a minor, such User must use the App with the consent of a parent or other legal guardian.
3.    Users will be deemed to have given valid and irrevocable consent to these Terms upon commencing use of the App.
4.    In the case where, in respect of Services, individual terms of service etc. exist or are additionally imposed or there are individual conditions of use etc. in addition to these Terms, Users shall use the App in accordance with the provisions of such individual terms of service and individual conditions of use etc. in addition to these Terms.

Article 3: Amendment of Terms 
1.    The Company shall be entitled to amend these Terms at any time. When amending these Terms, the Company will disseminate on a Company website, on the App, or by other appropriate method, or will by Company-prescribed method give notice of, the particulars and the effective date of the terms as amended.  
2.    These Terms as amended shall take effect from the effective date thereof. Users will be deemed to have given valid and irrevocable consent to these Terms as amended by continuing to use the App after such amendments.   

Article 4: Ownership of Rights
1.    All Intellectual Property Rights and other rights to any inventions, conceptions, designs, marks, creations, images, videos, sound sources, text, drawings, programs, code, ideas, knowhow, methods, plans, specifications, formulae, algorithms, data, and other products connected with the App, including WOW AR Art, will belong to the Company.  
2.    The Company will grant Users a non-exclusive, revocable, non-sublicensable, non-transferrable and non-commercial license to use WOW AR Art for the purposes of saving User Content on mobile terminals etc. used by such Users and posting or transmitting via apps etc. provided by third parties. 
3.    Users will, within the scope of the purposes indicated in the preceding paragraph, be entitled to duplicate or modify WOW AR Art and duplicate or modify User Content in accordance with App specifications, in conjunction with the creation of User Content. The Company’s authorization to Users under this paragraph does not authorize the duplication or modification of WOW AR Art alone, independently of the act of creating User Content. 

Article 5: User Content 
1.    The copyrights to User Content created by Users using the App will belong to such Users; provided, however, that the Company will retain copyrights to WOW AR Art contained in such User Content (including, in relation to any derivative works (User Content) for which such WOW AR Art is the original work, rights as author to such original work).
2.    The rights under Paragraph 1 of the preceding article will not transfer to Users by any act of such Users, and will remain the property of the Company.
3.    Users shall not infringe Intellectual Property Rights, trademarks or any other rights of third parties in connection with the creation or use of User Content. In the event that a User has breached the rights of a third party, the Company will bear no liability whatsoever and such User shall, under its own responsibility and cost burden, resolve any disputes with such third party.
4.    Users will license to the Company in advance, at no cost and without restriction as to region or timeframe, the right to use User Content (including duplications, theatrical or musical performances, screenings, public transmission, exhibitions, oral dissemination, distribution, transfers, loans, adaptations, translations, creation or use of derivative works, and authorizations for third parties to use any of the foregoing) for the purposes of developing, improving and promoting the App, and for other similar purposes.
5.    In the case specified in the preceding paragraph, Users will agree in advance not to exercise Moral Rights of Author against the Company or third parties designated by the Company.
6.    Except in the case set forth in Paragraph 4, the Company will not use User Content without the advance consent of the relevant Users.

Article 6: Changes to App Content, Termination of Support for and Provision of App  
1.    The Company will, at its discretion, be entitled to change the content of the App or terminate support for the App.
2.    The Company will, at its discretion, be entitled to terminate the provision of the App upon giving advance notice to Users.

Article 7: Prohibitions 
1.    When using the App, Users shall not engage in conduct that falls under or is deemed by the Company to fall under any of the following items.
(1)    Conduct in violation/breach of: laws and regulations; court rulings, decisions or orders; or administrative measures having binding force under laws and regulations;
(2)    Conduct likely to contravene public order and morality;
(3)    Infringing the Intellectual Property Rights, rights of honor, privacy rights, or other legal or contractual rights of the Company or third parties;
(4)    Posting, transmitting or otherwise distributing: extremely violent material; sexually explicit material; material associated with discrimination on the basis of race, nationality, creed, sex, social status, family lineage or the like; material inducing or promoting suicide, self-harm, or drug abuse; or other material that contains antisocial content and will cause distress to others;  
(5)    Impersonating the Company or third parties, or intentionally distributing false information; 
(6)    Conduct intended for sales/marketing, promotion, advertising, solicitation, or other profit-seeking purposes (except where authorized in advance by the Company); conduct intended for sexual acts or sexually obscene purposes; conduct intended to harass or defame other Users; or other use of the App for purposes different from its intended purposes of use; 
(7)    Providing benefits to or otherwise cooperating with antisocial forces;
(8)    Religious activity or solicitation for religious groups; 
(9)    Unauthorized collection, disclosure or provision of the personal information, use history information or the like of others;  
(10)    Using technological means to operate the App improperly; intentionally exploiting flaws in the App; making improper inquiries or demands to the Company, such as by repeating the same questions more often than necessary; or otherwise obstructing or impeding the Company’s provision of the App or other Users’ use of the App;   
(11)    Reverse engineering or otherwise disassembling and analyzing software or other systems provided by the Company; 
(12)    Conduct in contravention of these Terms;
(13)    Aiding or abetting conduct falling under any of (1) through (12) above; and
(14)    Any other conduct that the Company deems inappropriate.
2.    When a User posts, transmits or otherwise distributes User Content on a service provided by a third party, such User shall, in addition to the preceding paragraph, not engage in any conduct prohibited under laws, regulations, terms of service or the like applicable to the services provided by such third party.

Article 8: Responsibilities of Users 
1.    Users shall use the App under their own responsibility and shall bear all liability for their conduct in using the App and for the consequences of such conduct.
2.    If the Company deems a User to be using the App in breach of these Terms, the Company will adopt any measures it deems necessary and appropriate; provided, however, that the Company is not obligated to prevent or correct conduct in breach of these Terms. 
3.    In the case where the Company incurs damage (including attorney fees) as a result of a User’s conduct in breach of these Terms or use of the App or the consequences thereof, such User shall provide compensation for the damage immediately at the Company’s request. 

Article 9: Company’s Disclaimers
1.    Except in the case of willful misconduct or gross negligence on the part of the Company, the Company will make no explicit or implicit guarantee that the App will be suitable for Users’ specific purposes or will have the expected functions, commercial value, correctness or usability; that Users’ use of the App will be in accordance with laws and regulations applicable to such Users, internal rules of industry groups, or the like; or that the App will be continuously usable or will not experience failures.   
2.    Except in the case of willful misconduct or gross negligence on the part of the Company, the Company will bear no liability for any damage suffered by Users or third parties in consequence of the App.
3.    Except in the case of willful misconduct or gross negligence on the part of the Company, the Company will bear no liability for any damage suffered by Users as a result of the Company interrupting, suspending or terminating the provision of support for the App or WOW AR Art, as a result of the Company rendering unusable or modifying the App or WOW AR Art, as a result of the Company deleting or eliminating User Content, or otherwise in connection with the App.
4.    All transactions, communication, problems, disputes and the like arising among Users or between Users and third parties in connection with the App shall be resolved among the parties thereto, and the Company will bear no liability or expense therefor, except in the case of willful misconduct or gross negligence on the part of the Company.
5.    The provisions of the preceding paragraphs will not apply in the case where an agreement between the Company and a User concerning the App (including agreements under these Terms) is a consumer contract as set forth in the Consumer Contract Act (“Consumer Contract”); provided, however, that even where this paragraph applies, with respect to default liability and tort liability resulting from negligence (excluding gross negligence) on the part of the Company, the Company shall bear no liability for indirect damage, special damage, lost profit, or other damage occurring due to special circumstances, regardless of whether such damage was foreseen or foreseeable, and the Company’s liability for damage shall be limited in extent to directly and normally occurring damage and shall encompass no more than 10,000 yen in total compensation to such User.

Article 10: Confidentiality 
Except where the Company has given advance consent in writing, Users shall treat as confidential all non-public information that the Company has disclosed to such Users in connection with the App with the request that such information be treated as confidential.

Article 11: Privacy Policy

This Application acquires the user's facial expression and position using the TrueDepth API and other APIs provided by Apple, Inc. The acquired data will be used to decorate the user's face and to produce visual effects. They will not be stored on the device or provided to any third party.

Article 12: Assignment etc. of Contractual Status Hereunder 
1.    Absent the advance written consent of the Company, Users are not entitled to transfer their contractual status under these Terms to third parties, or to assign, transfer, create security interests on, or otherwise dispose of (“Assignment etc.”) their rights or duties hereunder to/for third parties. Users shall provide compensation for any damage incurred by the Company in consequence of such Users’ breach of this paragraph (including, without limitation, costs incurred in dealing with claim assignees, security interest holders or other third parties, funds contributed to such third parties, and attorney fees). 
2.    In the case where the Company has transferred business related to the App to a third party, the Company shall, in conjunction with such business transfer, be entitled to transfer, to the transferee of such business transfer, rights and duties under these Terms, registered information of Users, and other client information, and Users shall consent in advance under this paragraph to such transfer. Business transfer as set forth in this paragraph shall include not only ordinary business transfer, but also corporate separation and all other cases where business is transferred.  

Article 13: Severability 
In the case where any provision of these Terms or any part of such a provision has been deemed invalid or unenforceable under the Consumer Contract Act or other laws, regulations or the like, the remaining provisions of these Terms and the remaining parts of any provisions deemed partially invalid or unenforceable shall remain in full effect.

Article 14: Communication Methods 
1.    Communication from the Company to Users concerning the App will be by publication in an appropriate location on a website operated by the Company (http://wowar.app) or by other method deemed appropriate by the Company. 
2.    Communication from Users to the Company concerning the App can be carried out by inquiry using the contact form at the following URL.
URL: https://www.w0w.co.jp/en/contact/

Article 15: Governing Law and Jurisdiction 
1.    The Japanese version of these Terms shall be the official version hereof. In the event of a discrepancy between the Japanese version and a translation into another language, the Japanese version shall prevail.
2.    These Terms shall be governed by the laws of Japan.
3.    The exclusive agreed court of first instance for all disputes in consequence hereof or in connection herewith shall be the Tokyo District Court or Tokyo Summary Court, depending on the amount in dispute.

Enacted: June 1, 2020 
WOW inc.