Terms of Use
These Terms of Use (hereinafter”the Terms”) set forth the terms and conditions for the provision of the service provided by Axelspace Corporation (hereinafter “the Company”) on AxelGlobe Platform. All AG Platform Users must agree to the Terms by reading the Terms entirely before using the AxelGlobe platform.
Article 1. (Definition)
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AxelGlobe Platform(abbreviation “AG platform”)
“AxelGlobe platform/AG platform” shall mean a web platform provided by the Company. https://www.axelglobe.com/en/ -
GRUS Data Products
”GRUS Data Products” shall mean an imagery data captured d by GRUS satellites -
AxelGlobe Tasking & Monitoring Service(abbreviation”T&M Service”)
“AxelGlobe Tasking & Monitoring Service/T&M Service” shall mean a service for providing a GRUS Data Product with new capturing via the AG platform. -
Free Service
”Free Service” shall mean a service(s) provided at free by the Company at its sole discretion for the purpose of sales promotion. -
Service
“Service”shall mean a generic term of services provided on the AG platform which includes but not limited to preceding two paragraphs.
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Free User
”Free User” shall mean the legal entities(including individuals who are business owners, hereinafter referred to as “Legal Entity”) which have a qualification for Free Service. -
Contract for Value(abbreviation CfV)
“Contract for Value/CfV” shall mean a Contract(s) for Value to provide AxelGlobe Tasking & Monitoring Service (“T&M Service”)between the Paid User and the Company. -
Paid User
”Paid User” shall mean a Legal Entity which concludes a CfV with the Company. -
GRUS Data Trial Products “GRUS Data Trial Products” shall mean GRUS Data Products within the AG platform, intentionally made available for users without registration by the Company for the purpose of promotion.
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Non-signed up User “Non-signed up User” shall mean users in use of the GRUS Data Trial Products.
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Registered User
“Registered User” shall mean the registered users who are qualified to use the AG Platform, including Free User, the Paid User and its officers/employees.
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AG Platform User
“AG Platform User” shall mean all users qualified to use the AG Platform, including but not limited to Free User, Paid User and Registered User.
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Cell
“Cell” shall mean a geographical area of the earth divided into around 5km×5km as displayed on the AG Platform.
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Area of Interest(abbreviation AOI)
AOI(Area of Interest) shall mean a geographical range based on the Cell selected by the Paid User.
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Capturable Area
“Capturable Area” shall mean geographical areas that can be captured by GRUS satellites on the same opportunity .
Article 2. (GRUS Data Trial Products)
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The Company may at its sole discretion provide GRUS Data Trial Products available to public users free of charge.
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Legal Entities which wish to use the GRUS Data Trial Products may use the GRUS Data Trial Products without registration, however shall agree to the Terms and End User License Agreement for Evaluation to use the GRUS Data Trial Products in accordance with the manner as may be prescribed by the Company. Legal Entities in use of GRUS Data Trial Products shall be deemed to have agreed to the Terms and End User License Agreement for Evaluation.
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The Company hereby disclaims all warranties and conditions with respect to the GRUS Data Trial Products (including defects, errors, or bugs related to safety, reliability, accuracy, integrity, effectiveness, fitness for a particular purpose, security, infringement of rights of third parties).
Article 3. (Free Service)
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The Company may at its sole discretion provide Free Service such as thumbnails or GRUS Data Products free of charge.
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The Company hereby disclaims all warranties and conditions with respect to the Free Service (including defects, errors, or bugs related to safety, reliability, accuracy, integrity, effectiveness, fitness for a particular purpose, security, infringement of rights of third parties).
Article 4. (Registration for Free User)
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Legal Entities which wish to use the Free Service shall agree to the Terms and apply to the Company for registration to use the Free Service in accordance with the manner as may be prescribed by the Company. The application will be qualified Free User upon an approval of the application by the Company.
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The Company reserve the right to refuse registration of Free Service without any obligation to disclose the reasons,in the event that;
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Applicant has made a false statement in an application process;
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Applicant is an individual who doesn’t run/own a business;
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Applicant is a minor, adult ward or person under curatorship or assistance, and applicable approval or consent has not been obtained from such Applicant’s legal representative, guardian, curator or assistant;
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Applicant has breached any articles of the Term and any other agreements related to the Service in the past;
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Applicant is determined by the Company to (i) constitute an organized crime group or a member thereof, rightist organization, anti-social force or other similar person or entity (collectively, “Antisocial Force”), or (ii) have any interaction or involvement with an Antisocial Force in any manner such as assisting or being involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
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The Company deems that the purpose of the application is illegal or analyzing the competency or technical capabilities of the Company;or
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The Company deems the registration inappropriate.
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Article 5. (Application of CfV)
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The Company provide the Paid User with T&M Service in accordance with the Term and other related agreement and the Paid User may use T&M Service in accordance with the Term and other related agreement.
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The detail of T&M Service is stipulated on Exhibit A.
Exhibit A shall form a part of CfV. The Company reserves a right, at its sole discretion, to modify the contents of Service.
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Fees for T&M Service is stipulated on Exhibit A.
Article 6. (Application method for CfV)
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Legal Entities which wish to use the T&M Service shall agree to the Terms and apply to the Company for registration to use the T&M Service in accordance with the manner as may be prescribed by the Company. CfV becomes effective when the Company accepts the application by the applicant.
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The Company reserve the right to refuse registration of CfV without any obligation to disclose the reasons in the event that;
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Applicant has made a false statement in an application process;
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Applicant is an individual who don’t run/own a business;
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Applicant is a minor, adult ward or person under curatorship or assistance, and applicable approval or consent has not been obtained from such Applicant’s legal representative, guardian, curator or assistant;
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Applicant has breached any articles of CfV, the Term and any other agreements related to the Service in the past;
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Applicant is determined by the Company to (i) constitute an organized crime group or a member thereof, rightist organization, anti-social force or other similar person or entity (collectively, “Antisocial Force”), or (ii) have any interaction or involvement with an Antisocial Force in any manner such as assisting or being involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
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The Company deems that the purpose of the application is illegal or analyzing the competency or technical capabilities of the Company;or
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The Company deems the registration inappropriate.
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The Company shall never be responsible for not accepting or withhold an answer for the application set forth in paragraph 1.
Article 7. (Currency and Payment method)
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Paid User shall pay the fee for CfV in a currency below in accordance with the location as follows.
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Japan: Japanese Yen
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Europe:EUR
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Other regions:USD
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Paid User may choose a payment method PayPal or wire transfer. shall be responsible for any applicable costs,charges and taxes.
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Payment due date
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Payment method by PayPal Paid User should pay in advance.
Details are based on the conditions prescribed by PayPal.
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Wire transfer Payment shall be made by the due date stipulated on the invoice issued by the Company.
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Article 8. (Amendment of Service)
The Company reserves the right, in its sole discretion, to modify the Service for the purpose of adding/improving functions or complying with applicable laws. Notwithstanding the foregoing, the Company never promise to maintain the function and performance of the Service provided before the modification.
Article 9. (Product Specification&Service Level)
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The Company shall make a commercially reasonable effort to keep the product specification and the service level stipulated in Exhibit B.
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Product specification and Service level stipulated in Exhibit B describes only a target of Company’s effort. In no event shall the Company be liable to Paid User, whether in contract or in tort or under any other legal theory, for any damage or refund of payment even if the Company’s performance is lower than the such Service level.
Article 10. (User Registration)
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AG Platform User may designate its officers/employees within the maximum number of accounts approved by the Company.
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AG Platform User/Registered User shall be responsible for keeping and maintaining its user ID/password for the Service.
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Under no circumstances shall AG Platform User/Registered User assign or lend User ID/password to third parties.
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The Company shall not be liable for any damages incurred by AG Platform Users due to unauthorized use of a user ID and password by a third party. If a user ID and password combination matches registered information and the account is logged into, the Company may deem that all the actions are done by the Registered User.
Article 11. (Costs for electric telecommunication line)
The electric telecommunication line for accessing from each AG Platform User’s terminal to AG Platform shall be secured and maintained at the responsibility and expense of AG Platform User and the Company shall not be liable for any matters arising or related to these.
Article 12. (Confidentiality)
AG Platform Users shall treat non-public information disclosed by the Company in connection with the Services with the requirement to treat it as confidential information, in confidence unless otherwise approved by the Company in writing in advance.
Article 13. (Personal Information)
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The Company treat the Registered User’s personal information appropriately subject to the provisions of our Privacy Policy, which is separately prescribed.
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The Company may, in its sole discretion, use or make public any information or data provided by the AG Platform User to the Company as statistical information in a form that can’t identify an individual, and the AG Platform User may not raise any objection to such use or publication.
Article 14. (Delay in payment by Paid User)
Any fees for the Service not paid by the due date shall accrue interest at the rate of 14.6% per year.
Article 15. (Outsourcing)
The Company may, at its sole discretion, outsource its obligation related to the Service in whole or in part.
Article 16. (Prohibited Matters)
Without prior consent of the Company,AG Platform User shall not:
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Violate applicable laws or act against public policy;
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Violate criminal laws
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Infringe copyrights, trademark rights, and other intellectual property rights contained in the Services, including the contents of the Services;
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Interfere with functions of servers or networks owned by the Company,other Paid User,AG Platform User or third parties;
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Obstruct or attempt to obstruct the operation of the Service by the Company;
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Access/attempt to access the AG Platform related systems in an unlawful manner;
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Collect/attempt to collect other AG Platform User’s personal information;
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Use the Service for unlawful purpose;
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Sub-license or grant to use the Service in any form to third parties whether for value or free;
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Cause disadvantage, damage or discomfort to other AG Platform Users;
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Pretended to be another AG Platform User;
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Provide profit directly/indirectly to anti-social forces;
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Do any other acts which the Company deems to be inappropriate.
Article 17. (Ownership of Services and Contents)
All of the Services and content materials that constitute, display, or indicate the Services (including, but not limited to, text, data, images, video, audio, illustrations, and software) belong to the Company or the relevant right holders of such contents and are protected by laws related to intellectual property rights, including the Copyright Act. Use of the Services and those contents without entering into appropriate license agreements is prohibited by law. For clarity, End User License Agreement applies to the right and conditions of the GRUS Data Products.
Article 18. (Obligation of the AG Platform User)
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AG Platform User shall be responsible for all the usage of the Service and the AG Platforms.
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AG Platform User agrees to indemnify, defend and hold harmless the Company from third party claims, damages and costs and will handle and resolve such legal disputes at its costs and responsibilities.
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AG Platform User shall indemnify the Company against any damage suffered by the Company to the extent that such damage arises from the negligence of the AG Platform User.
Article 19. (Disclaimer of Warranty and Discharge)
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The Company makes no express or implied warranties that the Services have no technical, actual, or legal defects (including defects, errors, or bugs related to safety, reliability, accuracy, integrity, effectiveness, fitness for a particular purpose, security, infringement of rights of third parties).
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The Company shall have no liability for any damage suffered by AG Platform User related to the Service.
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The Company shall have no liability for any transactions, communication or disputes, between AG Platform User and another AG Platform User or other stake holders in connection with the Services.
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Under no circumstances shall the Company’s liability to the AG Platform User exceed 6 months fees for the Service.
Article 20. (Suspension of Service)
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The Company reserves the right to suspend the Service in whole or in part without prior notice when the following events take place:
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Maintenance and update on the computer systems for the Service;
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Difficulty in providing the Service caused by the force majeure such as an earthquake, lightning strike, fire, power outage, or natural disaster;
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Errors on computer system or telecommunication facilities caused by the unexpected accidents;
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Any other troubles the Company deems that it is difficult to provide the Service.
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The Company shall have no liability for any disadvantage or damage incurred by AG Platform User or third parties due to the suspension or discontinuance of the Services.
Article 21. (Restrictions of Use and Cancellation of Registration)
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The Company reserves the right to restrict the Service in whole or in part or to delete the registration of AG Platform User without prior notice if any of the following events arises:
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AG Platform User breaches any of the article of the Term;
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Any of the registration Information is found to be false;
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AG Platform User is unable to pay fee on due date;
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The AG Platform User has not responded to inquiries from the Company or other communications requiring a response for 30 days or more;
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The AG Platform User has not used the Service for 12 months or more;
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Any other matters the Company deem it is inappropriate to provide the Service with the AG Platform User.
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The Company shall have no liability for any disadvantage or damage incurred by AG Platform User or third parties due to the restriction or deletion set forth in the preceding paragraph.
Article 22. Withdrawal from the registration
AG Platform User may withdraw from the AG Platform registration any time.
Article 23. Termination CfV by the Paid User
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Notwithstanding the preceding article, Paid User shall not terminate the CfV at least for initial two (2)months.
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After the initial two (2) months period, the Paid User may terminate the CfV with fifteen(15)days prior notice.
Article 24. (Termination CfV by the Company)
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The Company reserves the right to terminate the CfV without prior notice if any of the following events arises:
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Paid User caused a damage to the Company’s business;
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Paid User undergoes payment suspension or becomes insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure was filed against the Paid User;
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Paid User dissolved/transfer its whole business or resolve to conduct these acts;
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When the payment is suspended due to the non-delivery of bills or checks issued or underwritten by the Paid User;
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The supervising authorities issued orders to the Paid Users related to the business suspension or revocation of the business licenses;
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Paid User falls into the situation set forth in Article6.2
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The Company reserves the right to terminate the Term with fourteen(14) days prior notice when the Paid User breach any of the article of the Term and the Paid User don′t correct the situation during the notification period.
Article 25. (After the Termination of CfV)
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After the Termination of CfV,the Company may, at its sole discretion, delete all Paid User’s data stored at the AG Platform.
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The Company shall have no liability for any disadvantage or damage incurred by AG Platform User due to the deletion set forth in the preceding paragraph.
Article 26. (Amendment of Term)
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The Company reserves the right to amend this Term from time to time without prior consent of AG Platform User. The provisions of the Service are applied to AG Platform User in accordance with the amended Term.
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In the event of any amendment or change to the Terms, the Company shall inform the effective time and content of the amended or changed Terms by posting on the AG Platform or other appropriate ways to notify each AG Platform Users with at least fourteen(14)days prior notification period. Notwithstanding foregoing, the Company may omit the notification period when the amendment/change is minor or urgent.
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Notwithstanding Article24(Termination CfV by the Company),AG Platform User may elect to terminate the CfV by notifying the Company during the notification period set forth in the preceding article.
Article 27. (Notice or Communication)
Any notice or communication between the AG Platform User and the Company shall be given by the email and any other methods specified by both parties. Unless otherwise notified by AG Platform User of a change of methods, the Company will give notice or communication to the currently registered address deeming that such address is effective. Such notice or communication shall be deemed to have arrived at the destination at the time of transmission.
Article 28. (No Assignment of Rights or Obligations)
AG Platform User shall not assign, transfer, grant security interests on or otherwise dispose of the Term or its rights or obligations under the Terms without the prior written consent of the Company.
Article 29. (Export Control)
AG Platform User agrees to comply with, and cooperate for the Company to comply with, all applicable export and re-export control laws and regulations, including but not limited to the Foreign Exchange and Foreign Trade Act of Japan,the Export Administration Regulations maintained by the United States Department of Commerce. AG Platform User covenants that it shall not, directly or indirectly,sell,export,re-export,transfer or dispose of the GRUS Data Product or technology received by the Company to any countries/regions or entities/nationals prohibited under the related laws.
Article 30. (Force Majeure)
The Company shall not be liable for delay or failure in fulfillment of obligations under this Term due to any causes not attributable to the Company such as act of God, war, riots, natural disasters, revision of applicable laws/regulations or other force majeure events, notwithstanding the CfV, this Term or any other agreement between parties.
Article 31. (Consultation in Good Faith)
Any matters not addressed in this Term, or any doubt or uncertainty with respect to this Term, shall be determined or resolved through good faith consultation between the Paid User and the Company.
Article 32. (Survival Clause)
In the event of that AG Platform User lose its all qualifications for the Service under this Term ,the provisions of Article12(Confidentiality), Article13(Personal Information), Article14(Delay in payment by Paid User), Article17(Ownership of Services and Contents), Article18(Obligation of the AG Platform User), Article19(Disclaimer of Warranty and Discharge), Article25(After the Termination of CfV), Article28(No Assignment of Rights or Obligations) and Article34.(Governing Law and Jurisdiction) hereof shall remain in full force.
Article 33. (Severability)
Even in the case where any provisions of this Term are held to be legally invalid or unenforceable, the other provisions of the Term shall remain valid and enforceable.
Artcile 34. (Governing Law and Jurisdiction)
The Term shall be governed by the laws of Japan without regard to conflict of laws principles. Any and all disputes arising out of or in relation to this Term shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.
【Exhibit A】Contents and fees of T&M Service
- The Company provides T&M Service to the Paid Users with the following contents.
The Paid User selects one of the payment plans below.
Monthly Offering Frequency | Low 1 unit/month | Mid 3 units/month | High 6 units/month |
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Monthly fee | $ 1,000 | $ 2,400 | $ 4,000 |
Minimum contract term | 2 months | 2 months | 2 months |
Downloadable Cells/month | 2,000 | 2,000 | 2,000 |
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“Monthly Offering Frequency”shall mean the frequency of providing GRUS Data Products of the same AOI captured at different opportunities within one month.
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T&M service shall be rendered based on the price table stipulated above to the extent the AOI can be captured within one Capturable Area.
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Paid User needs to continue CfV for at least two (2) months for each plan. Paid User is required to pay the monthly fee for remaining period if the Paid User terminate the CfV within two (2) months.
【Exhibit B】 Product specification & Service Level
- Product specification concerning the quality and delivery of GRUS Data Products
Product specification is announced at the Company’s website below. The Company may update the product specification from time to time without notice.
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Service level concerning the operation of AG Platform
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The accessible hours of AG Platform
- 24/7 (24hours/day, 365days/year)
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Regular maintenance and inspection Regular maintenance and inspection of AG Platform will be conducted by giving at least one (1) week prior notice by stopping the operation. AG Platform User can’t access the AG Platform until the regular maintenance and inspection is completed. In addition, the service may be suddenly suspended without prior notice due to the malfunction of data server or any other related facilities.
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Responses to inquiries from the Paid Users
The Company responses to the inquiries from the Paid User via emails on business days Monday to Friday. The Company will make effort to response to inquiries within three business days. -
Responses to system failures of AG Platform
If a system failure such as data server outage take place and causes an unavailability of services such as accessing AG platform, AOI settings and downloading of GRUS Data Products, the Company will make efforts to recover from the failure without delay.
Prescribed on 21 November, 2024