XR CLOUD Terms of Use
Revised: January 16, 2025
monoAI technology Co., Ltd. (hereinafter referred to as the “Company”) provides the Service (as defined in Article 2) in accordance with the XR CLOUD Terms of Use (hereinafter referred to as the “Terms”) and the related terms and conditions associated therewith.
Please be sure to read the full text of the Terms before using the Service.
Article 1 (Application of the Terms)
- The purpose of the Terms is to define the rights and obligations between the Company and Users (as defined in Article 2) in relation to the use of the Service. The Terms apply all matters in relation to the use of the Service between the Company and Users.
- The related terms and conditions separately established by the Company in relation to the Service constitute part of the Terms.
- Users may only use the Service if they have fully read and agree to all of the provisions of the Terms and the relevant related terms and conditions (including the Privacy Policy).
Article 2 (Definitions)
- “The Service” refers to the platform service named “XR 1. “The Service” refers to the platform service named “XR CLOUD” that is provided by the Company and includes services that enable Users to distribute and watch videos, as well as services that enable transactions of products or services between Users. If any part of the contents of the services are changed, such changed contents are also included in the Service.
- A “User” individually or collectively refers to a General User or Host User, including applicants for membership registration for the Service.
- A “General User” refers to a User who watches User Content distributed and offered, and who purchases (or considers purchasing) products, goods, etc. offered for sale, by Host Users on the Service.
- A “Host User” refers to a User (i) who distributes and offers User Content that they have created for General Users, and (ii) who sells products, goods, etc. for General Users, on the Service.
- “User Content” refers to any and all contents created/prepared and distributed/offered on the Service by Users themselves.
- An “Event” refers to a place where General Users can watch User Content distributed and offered by Host Users on the Service.
- A “User ID” refers to a string of characters issued by the Company to identify each of its member Users.
- A “Member Password” refers to a string of characters issued for each member ID to confirm that the use is by the member User themselves.
Article 3 (Role of the Company)
- The Company takes a role in providing a place for General Users and Host Users to conduct transactions and settle use prices. Transactions are conducted between General Users and Host Users only, and the Company is not a party to such transactions and has no rights or obligations with respect to them.
- If any dispute or claim for refund arises between General Users and Host Users, it must be resolved between the General Users and the Host Users, and the Company will assume no responsibility or liability whatsoever.
Article 4 (Member Registration)
- Users who wish to use the Service must agree to the Terms and other related terms and conditions, go through the authentication procedure prescribed by the Company, and enter the information specified by the Company to apply for membership registration.
- If an applicant under the preceding paragraph falls under any of the following items, the Company may refuse their registration:
- 2-1. If the Company determines that the applicant is likely to violate the Terms;
- 2-2. If the registration information provided to the Company contains any false entry, inaccuracy, or omission;
- 2-3. If the applicant’s registration for the Service or any other service provided by the Company has been canceled in the past;
- 2-4. If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent, etc. of their legal representative, guardian, curator, or assistant;
- 2-5. If the Company determines that the applicant is an Antisocial Force (meaning an organized crime group, a member of an organized crime group, a right-wing group, an antisocial force, or any other person similar thereto; hereinafter the same applies), or that the applicant has exchanges with or is involved in any manner with Antisocial Forces, such as cooperating with or being involved in their maintenance, operation, or management through funding or otherwise; or
- 2-6. If the Company determines that the registration of the applicant is otherwise inappropriate.
- The Company determines, in accordance with the preceding paragraph and other standards prescribed by the Company, whether or not to accept the membership registration of applicants under paragraph 1, and if it accepts their membership registration, gives them notice to such effect.
- If there are any changes to the membership registration information provided for the application under paragraph 1, the User must notify the Company of such changes as soon as possible in the manner prescribed by the Company.
Article 5 (Provision and Responsibility for Management of User ID and Member Password)
- The Company provides each User with a User ID and a Member Password (hereinafter collectively referred to as “User ID, etc.”) upon registration. Users assume full responsibility and liability for the use and management of their provided User ID, etc.
- Any use of the Service with the use of the User ID, etc. of a User is deemed to be the use by the relevant User, and any and all obligations arising from such use are borne by such User.
- The Company assumes no liability whatsoever for any damages incurred by a User as a result of the use of their User ID, etc. by a third party (including another User of the Service; hereinafter the same applies), unless there is intent or gross negligence of the Company.
- Users must not lend, exchange, assign, buy, sell, convert to cash, pledge, or allow a third party to use in any manner, their User ID, etc.
Article 6 (Purchase of Event Ticket)
- General Users may purchase from Host Users, in the manner prescribed by the Company, tickets to participate in paid Events hosted by the Host Users on the Service.
- Upon completion of the purchase of a ticket in the manner provided in the preceding paragraph, a sales agreement for the ticket for participation in the Event (hereinafter referred to as “Ticket Sales Agreement”) is established between the General User and the Host User of the Event. In no event will the Company be a party to any Ticket Sales Agreement.
- If a Ticket Sales Agreement is established, the General User pays the ticket price (including the amount equivalent to the consumption tax; hereinafter referred to as the “Ticket Price”) to the Host User in accordance with Article 9.
Article 7 (No Resale of Tickets)
General Users may not resell tickets they have purchased to other Users or third parties. The Company may treat tickets resold in violation of the foregoing as invalid and not allow refunds of the Ticket Prices or participation in the Events to which such tickets pertain. The Company assumes no liability whatsoever for any disadvantage resulting from such invalidity.
Article 8 (Sale of Products and Goods)
- General Users may purchase products, goods, etc. sold by Host Users in stores within the virtual space established by Host Users on the Service.
- Upon completion of the purchase of products, goods, etc. in the manner provided in the preceding paragraph, a sales agreement for the products, goods, etc. (hereinafter referred to as “Product Sales Agreement”) is established between the General User and the Host User. In no event will the Company be a party to any Product Sales Agreement.
- If a Product Sales Agreement is established, the General User pays the price for the products, etc. (including the amount equivalent to the consumption tax; hereinafter referred to as “Product Price,” and collectively with the Ticket Price, as “Use Price”) to the Host User in accordance with Article 9.
Article 9 (Payment Entrustment and Receipt by Agent)
- General Users entrust the Company with the payment of Use Prices to Host Users and deliver the amount of money equivalent thereto. Host Users must authorize the Company to receive the delivery of the amount of money equivalent to the Use Price on their behalf from General Users, and agree that the payment obligation for the Use Price is performed upon the Company’s receipt of such money.
- The Company pays to Host Users the Use Price received from General Users under the preceding paragraph on the Company’s prescribed payment date as separately specified.
Article 10 (Handling of Returns and Cancellations)
- The Company will not refund or reimburse the Use Price under any Ticket Sales Agreement or Product Sales Agreement for any reason.
- If the provision of services under any Ticket Sales Agreement or Product Sales Agreement is suspended or discontinued or such Agreement is canceled for reasons of the Host User, any and all damages arising from such Agreement must be resolved between General Users and the relevant Host User, and the Company assumes no liability whatsoever therefor.
Article 11 (Text Chat and Voice Chat Features)
- Users may use the text chat and voice chat functions (hereinafter collectively referred to as the “Chat Features”) on the Service in the manner prescribed by the Company.
- The Chat Features allow communication between Users via text or voice. Users shall accept in advance that the Company may censor the contents of communications sent through the Chat Features.
- If required by laws or regulations, or if ordered, required, or requested by a court, a governmental agency, or any other public body, the Company may disclose the contents of any messages or voice sent through the Chat Features, to the extent necessary to comply with such orders, etc. Users who use the Chat Features shall hereby accept the above provision in advance.
- The Company assumes no liability whatsoever for any damages incurred by Users as a result of the action taken by the Company in accordance with this Article.
Article 12 (Handling of Personal Information)
- The Company may obtain personal information (as defined in Article 2, paragraph 1 of the Act on the Protection of Personal Information; hereinafter the same applies) and personal-related information (such as behavior history, purchase history, IP address, account name and other registration information on the Service, location information, comments, and reviews) in the course of Users’ use of the Service.
- The Company appropriately handles personal information and personal-related information obtained from Users in accordance with the Privacy Policy posted separately on the application for the Service or the Company’s website. In using the Service, Users must agree to the handling of personal information based on such Privacy Policy.
- For the purpose of improving its service quality, the Company may record the contents of text or chat messages exchanged between Users on the Service, and the User shall agree to this in advance.
Article 13 (Use of Transmitted Information on the Service)
- The Company may provide a facility on the Service for Users to post, transmit, and publish text, images, videos, programs, data, and other information (hereinafter collectively referred to as “Transmitted Information”). Users assume any and all responsibility and liability for their Transmitted Information.
- Users shall warrant that their Transmitted Information and the Company’s use of such Transmitted Information under the Terms will not infringe on the intellectual property rights, privacy rights, portrait rights, or other personal rights or interests (such rights and interests hereinafter collectively referred to as “Intellectual Property Rights”) of any third party.
- If a complaint or lawsuit is filed by a third party or any other dispute arises in relation to their Transmitted Information, Users must resolve such dispute at their own responsibility and expense. The Company assumes no responsibility or liability whatsoever for such disputes.
- The Company may use Users’ Transmitted Information in any manner (including, but not limited to, duplicating, transmitting, providing to third parties, investigating the contents of, using for investigations of any illegal activity on the Service, or for advertising and promotional activities for the Service or otherwise, and using any edited or altered Transmitted Information in the above manners), or may permit such use by third parties. Users must permit the Company and the relevant third party to use their Transmitted Information free of charge, indefinitely, and without conditions.
- If the Company determines that it is necessary, it may, without prior notice to the Users, inspect Users’ Transmitted Information before or after publication, and suspend the publication of or delete all or part of such Transmitted Information.
Article 14 (Development of Usage Environment)
- Users must prepare in advance and maintain, at their own expense and responsibility, those information terminal devices such as computers and smartphones and communication environments such as software and communication lines that are necessary to use the Service.
- In using the Service, Users must take, at their own expense and responsibility, security measures to prevent infection by computer viruses, unauthorized access, and information leaks.
- The Company is not involved in any manner with Users’ development of the environment to use the Service, and assumes no liability whatsoever therefor.
Article 15 (Prohibitions)
In using the Service, Users must not engage in the conduct that falls or is likely to fall under any of the following:
- Making a third party feel unsafe, confused, or offended, or threatening or stalking a third party;
- Using words that are sexually suggestive, threatening, racist, illegal, vulgar, obscene, defamatory, or otherwise offensive;
- Impersonating an officer or employee of the Company or any other person involved with the Company or the Service;
- Slander, rumors, or other remarks that defame or discredit a third party;
- Exchanging prohibited items, inviting to join groups, or religious activities;
- Acts against laws, ordinances, or other regulations;
- Criminal or unlawful acts, or acts that lead to, incite others to, or assist in such acts;
- Acts that lead to, incite others to, or assist in suicide or self-injury;
- Pursuing romantic meetings or relationships with strangers, inducing others to go out with the relevant User, or approaching them for sexual relationships;
- Sending text, images, videos, etc. containing personal information of their own or a third party to other Users through the Service;
- Collecting, storing, disclosing, or transmitting personal information of a third party, or attempting such acts;
- Obtaining an excessive number of User IDs by installing the Service on an excessive number of information devices or otherwise;
- Impersonating other Users by gaining unauthorized access, using their User ID, etc., or otherwise;
- Interfering with or intercepting communications, or hacking into or stealing information from the servers that operate the Service;
- Sending or writing computer viruses or other illicit information;
- Infringing any Intellectual Property Rights or other rights of the Company or any third party;
- Any act intended to benefit themselves or any third party by taking advantage of the Service or server bugs, malfunctions or the like, or any other situation not intended by the Company, or acts that incite others to take or assist in such acts;
- Developing, distributing, or using unauthorized tools, unauthorized applications, pirated versions of the Service, cheat tools, or other programs intended for unauthorized use of the Service, or any acts that may induce or encourage a third party to engage in such acts;
- Deleting, altering (including tampering with data), modifying, adapting, creating derivative works, reverse compiling, reverse assembling, or reverse engineering the Service or the Company’s website, or any acts that may induce or encourage a third party to engage in such acts;
- Redistributing and lending all or part of the Service (including any copies), as well as reselling the Service;
- Interfering with the operation of the Service; or
- Any other act deemed inappropriate by the Company.
Article 16 (Suspension of and Restrictions on Use of the Service)
If the Company determines that a User falls under any of the following, the Company may immediately suspend or restrict the use of all or part of the Service by such User:
- If the User has committed an act prohibited under the preceding Article, or otherwise has violated or is likely to violate the Terms;
- If the User’s fraudulent conduct related to payment of the Use Price is found;
- If the User’s payment is suspended or treated as invalid by the service provider;
- If a petition for commencement of civil rehabilitation proceedings or other bankruptcy proceedings is filed against or by the User;
- If the User ID, etc. is found to have been used by a third party; or
- If the Company determines that the User’s use of all or part of the Service may otherwise interfere with the Company’s operations.
Article 17 (Termination of Provision of the Service)
- If a User falls or the Company reasonably determines that a User falls under any of the following, the Company may cancel the agreement under the Terms with the User hereunder and terminate the provision of the services on the Service:
- 1-1. If the User or the User ID used by the User has been subject to use suspension measures or cancellation of the use agreement for any service of the Company (including, but not limited to, the Service) in the past;
- 1-2. If the User has not actually used the Service for a period of time specified separately by Company;
- 1-3. If the User fails to prove that the Company’s decision was in error within one (1) year from the date of the use suspension or restriction measures taken under the preceding Article;
- 1-4. If the User fails to remove the cause of the use suspension or restriction measures taken under the preceding Article within the period specified by the Company in its subsequent notice of demand;
- 1-5. If the User dies (the Company is not obliged to investigate the User’s death); or
- 1-6. If the Company determines that it is inappropriate or impossible to provide the Service to the User.
- The Company assumes no liability whatsoever for any damages incurred by the User as a result of the termination of the agreement under this Article, unless there is intent or gross negligence of the Company.
Article 18 (Change, Termination, or Suspension of the Service)
- The Company reserves the right to change all or part of the contents of the Service without prior notice to Users.
- The Company reserves the right to terminate the provision of all or part of the Services at its discretion. In such case, the Company will make a public announcement or provide notice to such effect to Users in advance in a manner deemed appropriate by the Company, except when there is urgent necessity.
- The Company additionally reserves the right to suspend the provision of the Service temporarily or for a long period of time without prior announcement or notice to Users, if any of the following events occur. In such case, the Company will make a public announcement or provide notice to such effect to Users in advance in a manner deemed appropriate by the Company, except when there is urgent necessity.
- 3-1. Regular or urgent maintenance or repairs of hardware, software, telecommunications equipment, or any other resources used to provide the Service;
- 3-2. Disruption of communication lines such as Internet and mobile phone lines;
- 3-3. Force majeure such as natural disasters;
- 3-4. Fire, power failure, or other unforeseen accident;
- 3-5. War, conflict, disturbance, riot, or labor dispute; or
- 3-6. Cases where the Company otherwise determines that it is necessary to suspend the provision of the Service.
- The Company assumes no liability whatsoever for any damages incurred by Users as a result of a change, termination, or suspension of the Services under this Article, unless there is intent or gross negligence of the Company.
Article 19 (Registration Withdrawal Procedure)
- Users, if they so desire, may withdraw their registration for the Service at any time by completing the prescribed withdrawal procedure provided on the website of the Service or the Company.
- The Company may, at its discretion, delete all data of Users who have withdrawn their registration in accordance with the preceding paragraph. The Company never restores the data in response to requests by Users who have withdrawn their registration.
Article 20 (Exemptions)
- The Company does not warrant any of the following matters related to the Service, and assumes no liability whatsoever, unless there is intent or gross negligence of the Company:
- 1-1. The Service is free of any bugs or other defects, and is otherwise integral, reliable, secure, and effective;
- 1-2. The Service is available without interruption in any environment and works on any information terminal device;
- 1-3. All information provided on the Service and any other information obtained by Users through the use of the Service is integral, accurate, applicable, and useful;
- 1-4. The security of information on the Service is perfect; and
- 1-5. The Service does not infringe on the Intellectual Property Rights or any other rights of any third party.
- The Company assumes no liability whatsoever for any damages incurred by Users as a result of unauthorized access to or invasion by computer viruses of the Service, or any other acts by third parties, unless there is intent or gross negligence of the Company.
- If a User causes damage to another User or a third party through the use of the Service, or if a dispute arises with another User or a third party, the User must resolve such issue at their own responsibility and expense, and hold the Company harmless from any liability. If a dispute between a User and another User or a third party causes damage or expenses (including, but not limited to, reasonable legal fees) to the Company, the User must compensate for all of such damages or expenses.
Article 21 (Compensation for Damages)
- If a User causes damage to the Company due to a violation of the Terms or for any other reason attributable to such User, the User must compensate the Company for such damages.
- If the Company causes damage to a User for reasons attributable to the Company, the Company shall compensate such User for such damages. However, the Company’s liability for damages does not exceed the total amount of the Use Prices for the Service received by the Company from the User, and is limited to the damages directly incurred by the User as a result of their use of the Service (lost profits, consequential damages, and other indirect damages are not included), unless there is intent or gross negligence of the Company.
Article 22 (Intellectual Property Rights to the Service)
- The intellectual property rights related to the images, videos, text, programs, and any and all other information (hereinafter referred to as “Content”) provided by the Company to Users on the Service belong to the Company or those who have granted the Company a license to use them (hereinafter referred to as the “Licensor”).
- Users must not duplicate, transmit, or otherwise use, or allow third parties to use, any Content without the permission of the Company or the Licensor, unless permitted under the Copyright Act or other laws and regulations.
Article 23 (User Content)
- Notwithstanding the provisions of the preceding Article, the intellectual property rights pertaining to User Content belong to the Users who have created such User Content.
- Users shall grant the Company the right to use the intellectual property pertaining to their User Content free of charge for the purposes of providing and advertising the Service, and not exercise their author’s moral rights against the Company or any third parties to whom the Company has granted permission to use such User Content.
- Users shall represent and warrant to the Company that their User Content does not infringe on the Intellectual Property Rights or any other rights or legal interests of other Users or any third parties. The Company assumes no liability whatsoever for any disputes between Users and other Users or third parties resulting from User Content.
Article 24 (Discovery of Abnormality)
- If a User discovers any abnormality with the Company’s equipment or services while using the Service, the User must notify the Company of the need for repairs or restoration after checking that their own equipment has no problems.
- The Company performs a full backup of the information managed on its system once a day, and if any problem with the server managed and operated by the Company for the Service results in a loss of User data, the Company promptly recovers the backup data at its own expense. The Company assumes no liability whatsoever to Users for any loss of data occurring during the period between the occurrence of the problem and the most recent backup.
Article 25 (Validity of the Terms)
- If any provision of the Terms is judged to be invalid under laws, regulations, etc., it does not affect the validity of the other provisions of the Terms.
- If any part of the Terms is judged to be invalid or is canceled with respect to some Users, it does not affect the validity with respect to other Users.
Article 26 (Data Storage)
User data of the Service is stored in Japan.
Article 27 (Governing Law and Jurisdiction)
- The Terms are governed by and construed in accordance with the laws of Japan.
- The Company and Users hereby agree that the Tokyo District Court has exclusive jurisdiction for the first instance over any dispute arising therebetween in relation to the Service.
Article 28 (Modification or Revision of the Terms)
- The Company may modify or revise the Terms as appropriate.
- When modifying, deleting, or revising the Terms for reasonable reasons, the Company defines the effective dates thereof, and discloses on the Internet the fact of such modifications, deletions, or revisions, as well as the contents of the Terms after and the effective date of such modifications, deletions, or revisions. Users shall be deemed to have accepted the modifications of the Terms at the time when the Company discloses such modifications and the Users use the Service after the disclosure of such modifications.
- The Company assumes no liability for any damages incurred by Users as a result of the modifications referred to in the preceding paragraph.
- Users shall be deemed to have agreed to the modifications or revisions by using the Service after such modifications or revisions of the Terms. Users may not use the Service if they do not agree to such modifications or revisions.