Terms of Service

Last Updated: January 1, 2025

These Terms of Use (hereinafter, the "Terms") govern the use of all services (hereinafter collectively referred to as the "Service(s)") provided by AGENCIA Inc. (located at Urbanet Nagoya Nexta Building 4F, 1-1-1 Higashisakura, Higashi-ku, Nagoya-shi, Aichi, Japan; hereinafter, the "Company"). The Services include, but are not limited to, the "360°Homes (including 360°Homes®)" Software as a Service (SaaS) offerings, related websites, mobile applications, APIs, AI (artificial intelligence) features, and a 360° image generation and distribution platform. By using the Services, all users (hereinafter, "User(s)") are deemed to have agreed to these Terms.

Article 1 (Purpose and Scope)

  1. These Terms set forth the conditions for using the Services as well as the rights and obligations between the Company and Users (including individuals, corporations, and organizations). They apply to all matters related to the Services.
  2. The Company may, in relation to the Services, provide separate rules, guidelines, or policies (collectively, "Individual Provisions, etc."). These Individual Provisions, etc., constitute a part of these Terms. In the event of any discrepancy or conflict between these Terms and such Individual Provisions, etc., the Individual Provisions, etc., shall prevail.
  3. These Terms shall be deemed agreed upon by a User at the time the User completes registration for, or actually uses, the Services, regardless of whether they are referred to as an "Applicant," "Contracting Party," or any other name.

Article 2 (Definitions)

For the purposes of these Terms, the following terms shall have the meanings set forth below:

  1. "Company Website" means websites operated by the Agencia with domains such as "360.homes" and so forth.
  2. "User" means any individual, corporation, or organization that uses the Services, including so-called "Applicants," "Contracting Parties," "End Users," etc., regardless of the name used.
  3. "Contracting Party" means a corporation, organization, or self-employed individual that has completed the registration for use of the Services pursuant to the procedures designated by the Company.
  4. "Service Agreement" refers to the agreement between the Company and the Contracting Party for the provision and use of the Services, executed in accordance with these Terms.
  5. "Content" means any and all information (documents, images, videos, audio, software, programs, code, etc.) that is accessed, transmitted, generated, processed, displayed, or stored on or through the Services.
  6. "User Content" means any Content created or stored by the User within the Services.
  7. "User Data" means any 360° images or videos, text, audio, or other data that the User uploads to the Services.
  8. "Intellectual Property Rights" means all intellectual property rights, including copyright (including rights under Articles 27 and 28 of the Copyright Act of Japan), patent rights, utility model rights, trademark rights, design rights, trade secrets, know-how, and any other rights relating to intellectual property.

Article 3 (Agreement to the Terms and Use by Minors)

  1. Users must read these Terms thoroughly before using the Services and use the Services only after agreeing to the content herein. If you do not agree with these Terms, you may not use the Services.
  2. In the event a User is a minor, they shall obtain the consent of their legal representative (such as a parent or guardian) before using the Services. If such consent cannot be obtained, the minor may not use the Services.
  3. In the event a User is a corporation or any other organization, the individual using the Services on its behalf represents and warrants that they have the authority to agree to these Terms on behalf of such organization, and that the organization shall be bound by the obligations under these Terms.

Article 4 (Amendments to the Terms)

  1. The Company may amend these Terms as it deems necessary without prior consent of the Users. Any amendment to the Terms and the effective date thereof will be publicized on the Company Website or by email or other communication.
  2. If a User does not agree to the amended Terms, the User shall immediately cease using the Services and complete the Company's prescribed procedures for withdrawal or cancellation. If the User continues to use the Services on or after the effective date of the amended Terms, the User shall be deemed to have consented to the amended Terms.

Article 5 (Content and Provision of the Services)

  1. The Company may modify, add, or remove features of the Services at any time without prior notice, including functions for online meetings, 360° image/video generation and distribution, VR staging, AI-based voice synthesis or annotation, YouTube linking, etc. The Company may also temporarily suspend or restrict the Services for maintenance, troubleshooting, or any other reason.
  2. The Company does not guarantee uninterrupted or permanent provision of the Services. In the event of an unavoidable circumstance, the Company may terminate or suspend the Services.
  3. Certain functionality may allow linking the User's Google account so that videos can be posted to the User's YouTube channel via an API; such account information shall not be used for any purpose other than posting the videos. Users must comply with the YouTube Terms of Service (https://www.youtube.com/t/terms) when using such functionality.
  4. Users shall, at their own expense and responsibility, prepare all devices, software, network environment, and security measures necessary to use the Services, and the Company shall bear no responsibility for any malfunction or failure arising from the User's environment.

Article 6 (Account Registration and Management)

  1. To use the Services, Users must follow the procedures designated by the Company to register an account (including the issuance of an ID and password). Once the Company approves the registration application and account registration is complete, the User can begin using the Services.
  2. The Company may refuse or revoke account registration if any of the following conditions are met:
  • The application was made by a method not prescribed by the Company.
  • The applicant has previously violated these Terms or any Individual Provisions, etc., resulting in suspension of Services or similar measures.
  • The Company determines that the application was made through fraudulent means.
  • The registration information contains false, erroneous, or inaccurate entries.
  • The Company otherwise deems it inappropriate based on reasonable grounds.
  1. Users shall be solely responsible for safely managing their assigned IDs and passwords, and shall not transfer, lend, assign, pledge, or otherwise dispose of them to third parties. The Company may consider any acts performed using the registered ID and password to be acts of the User themselves.
  2. If an ID or password is lost or stolen or is being used by a third party, the User shall immediately notify the Company and follow any instructions given by the Company.

Article 7 (Changes to Registration Information)

  1. If the User's registration information changes, the User shall promptly update it in accordance with the procedures prescribed by the Company.
  2. The Company shall not be held liable for any disadvantage or damage resulting from the User's failure to make the proper changes.

Article 8 (Fees, Payment, and Contract Period)

  1. Service Fees and Optional Fees
  • The fees for the Services and optional features will be as presented on the Company's website or in the relevant contract forms.
  • The Company may change the fee structure or plans as necessary. If a User does not agree with the revised fees, the User may cancel the Services in accordance with the prescribed procedures.
  1. Payment Methods
  • Users may choose from payment methods designated by the Company, such as credit card, bank transfer (within Japan only), or convenience store payment (within Japan only).
  • If any dispute arises in connection with payment, Users shall resolve it at their own expense and responsibility.
  1. Paid Services
  • Users who use paid plans must pay the fees set forth by the Company.
  • If a User's payment is delayed, the Company may suspend all or part of the Services, and may charge late fees.
  1. Contract Period and Midterm Cancellation
  • The contract period is set forth on the Company website or in quotations, etc., and the User shall follow the Company's procedures to renew or terminate upon expiry.
  • As a general rule, midterm cancellations are not permitted. Even if a User attempts to cancel during the contract period, the fee for the remaining contract term will not be refunded, and the User may be required to pay the fees for the remainder of the contract period.
  1. Upgrades and Downgrades
  • Plan upgrades take effect immediately once the Company confirms payment, and the start date for the contract term remains unchanged.
  • Downgrades can be requested only if the conditions set forth by the Company are met. If not, the current plan remains in effect.

Article 9 (Data Backup)

  1. Users shall be responsible for backing up the data they upload or create through the Services.
  2. The Company may regularly back up data on its servers; however, the Company does not guarantee complete restoration of User Data from such backups.
  3. The Company shall not be liable for any loss or corruption of User Data.

Article 10 (Intellectual Property Rights)

  1. All Intellectual Property Rights relating to the Services and the Company Website belong to the Company or third parties licensed by the Company.
  2. No provision under these Terms shall be construed as transferring or sublicensing any Intellectual Property Rights relating to the Services.
  3. Among the 360° images or AI-processed data generated via the Services, the Intellectual Property Rights pertaining to data or technology developed by the Company shall be owned by the Company, except for the User Data or User Content owned by the User.
  4. The User represents and warrants to the Company that the User lawfully has the rights to transmit data, etc., that the data's transmission and handling through the Services does not infringe upon any third-party rights, and that the Company's handling of such data under the Services does not infringe such rights.
  5. The Company may use data uploaded by the User, in anonymized or non-personally-identifiable form, for R&D and feature improvements related to the Services and their ancillary functions. The User agrees to such use in advance. Unless otherwise specified as confidential, the Company may also use such data for promotional purposes.
  6. The User shall use the Services only to the extent that does not infringe the rights of the Company or any third party and shall not reproduce, modify, distribute, sell, or otherwise use any portion of the Services without authorization.

Article 11 (Prohibited Acts)

When using the Services, Users shall not engage in any of the following acts. If the Company determines that a User has violated any of the prohibitions in this Article, the Company may take necessary actions, including suspension or termination of the User's account:

  1. Acts infringing upon the copyrights, property rights, or any other rights of the Company or third parties, or acts that could potentially do so
  2. Acts causing economic damage or harm to the reputation or credibility of the Company or third parties
  3. Unauthorized transfer, assignment, or alteration of IDs or passwords, or allowing third parties to use them
  4. Sharing a single ID among multiple companies or entities, or acquiring an ID on behalf of a person whose ID use has been suspended
  5. Placing excessive burdens on the Service infrastructure or interfering with its operation
  6. Altering, erasing, reusing, or reselling any content or information provided by the Services without permission
  7. Uploading or transmitting viruses or other harmful programs
  8. Advertising or soliciting without authorization
  9. Violating public order and morals or violating any applicable laws and regulations
  10. Reverse engineering, disassembling, decompiling, or similar acts
  11. Developing or selling competing or similar services by referencing the Services
  12. Having ties to or using organized crime groups or other anti-social forces
  13. Any other acts that the Company deems inappropriate

Article 12 (Provisions on Resale)

  1. Prohibition of Resale
  • Resale in any form is strictly prohibited for any individual plans (e.g., Entry, Start, Pro) offered by the Company.
  1. Measures upon Detection of Resale
  • If resale is discovered for an individual plan, the Company may require the User to upgrade to a business plan (e.g., Business, Enterprise/OEM, etc.).
  1. Measures upon Refusal to Upgrade
  • If the User does not comply with the upgrade request, the Company may terminate the contract immediately and delete the User's account and related content. The User shall not claim any damages arising from such measures.

Article 13 (Restrictions, Suspension, and Deletion)

  1. The Company may restrict or suspend all or part of the Services or delete a User's account if it finds that the User has violated these Terms or any Individual Provisions, etc., or that any of the following cases applies:
  • Inability to contact the User
  • Risk of harm to the Company or third parties due to, for example, transmitting large volumes of data or potential virus infection
  • A User's insolvency or decreased creditworthiness (e.g., petition for bankruptcy or civil rehabilitation)
  • Suspicion of involvement with organized crime groups or anti-social forces
  • Other situations the Company deems reasonably inappropriate
  1. The Company shall not be liable for any damage incurred by the User or third parties as a result of the above actions.
  2. If the Company believes that a User's use of the Services could result in significant harm to the Company, the Company may change, suspend, or terminate the Services at any time without notifying the User.

Article 14 (Handling of Personal Information)

  1. The Company shall handle the User's personal information in accordance with its Privacy Policy and applicable laws and regulations (Act on the Protection of Personal Information of Japan, GDPR, CCPA, etc.).
  2. By using the Services, the User consents to the Company handling their personal information in accordance with the Company's Privacy Policy.
  3. Neither the Company nor the User shall disclose personal information to any third party without prior consent from the other party, unless permitted by law or necessary to protect life, body, or property in an emergency.

Article 15 (Handling of Confidential Information)

  1. The Company and the User shall not disclose or leak to a third party any technical or business information clearly designated as confidential by the other party (hereinafter, "Confidential Information") without the prior written consent of the other party.
  2. The following information will not be considered Confidential Information:
  • Information already possessed or lawfully obtained from a third party
  • Information independently developed
  • Information that becomes publicly known, regardless of timing
  1. The Company and the User shall use Confidential Information within the scope of operating the Services or fulfilling the purpose of the contract, disclose it only to personnel on a need-to-know basis, and impose equivalent confidentiality obligations on them.

Article 16 (Disclaimer of Warranties)

  1. The Company makes no warranty that the Services meet specific objectives of the User or provide certain outcomes, accuracy, usefulness, safety, uninterrupted use, or error-free features.
  2. To the maximum extent permitted by law, the Company disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
  3. Some jurisdictions do not allow the exclusion of implied warranties, so in such cases, mandatory local laws may take precedence.

Article 17 (Limitation of Liability)

  1. Disclaimer
    The Company assumes no liability for any damages incurred by the User or third parties arising from the following circumstances:
  • Environment or device-related issues on the User side (communication, hardware, software, etc.)
  • Changes to, suspension, or termination of the Services
  • Natural disasters, war, civil strife, government regulations, or other force majeure
  • Viruses, unauthorized access, or eavesdropping over communication lines that cannot be prevented by reasonable care
  • Failures related to third-party hardware/software or telecommunications services
  • Other reasons beyond the Company's reasonable control
  1. Disputes between Users and Third Parties
  • If any disputes arise between the User and a third party related to the use of the Services, the User shall resolve such disputes at their own expense and responsibility without causing loss or damage to the Company.
  1. Provision of Materials "As Is"
  • All materials and functionalities available through the Services are provided "as is" without any warranties or guarantees of completeness or accuracy.
  1. No Guarantee of Uninterrupted Services or Bug Fixes
  • The Company does not guarantee that Services will be uninterrupted, free from errors or viruses, or that any defects will be corrected.
  1. Disclaimer Regarding AI Functionality
  • The AI functionality included in the Services is provided as a supplementary tool. The Company does not guarantee its completeness or correctness. The Company disclaims all liability for any damages arising from any decisions made based on the AI's output.
  1. Limitations on Implied Warranties
  • Some jurisdictions do not allow the exclusion of implied warranties, and mandatory local laws may override some of the above disclaimers.

Article 18 (Damages)

  1. In the event that either the User or the Company violates these Terms and causes damages to the other party, the violating party shall compensate the injured party for such damages.
  2. However, unless there is willful misconduct or gross negligence on the part of the Company, the Company's liability for damages shall be limited to the total fees paid by the User to the Company for the Services in the 12 months preceding the date the damages occurred.
  3. If consumer protection laws or other mandatory laws apply, certain liability limitations may not apply in whole or in part.

Article 19 (Temporary Suspension and Discontinuation)

  1. The Company may suspend the Services without prior notice to the User under any of the following circumstances:
  • Emergency maintenance on equipment used for the Services
  • Operational reasons making it unavoidable to suspend the Services
  • Force majeure events preventing the provision of the Services
  • Failure by the User to pay fees, despite repeated reminders from the Company
  1. The Company shall not be liable for any damages incurred by the User or third parties due to these measures.

Article 20 (Exclusion of Anti-social Forces)

  1. Both the Company and the User represent and warrant that neither it nor its affiliates fall under the definition of organized crime groups or anti-social forces, and that they will not do so in the future.
  2. If it is discovered that one party is in violation of the preceding paragraph, the other party may immediately terminate this Agreement without notice, and the terminating party shall not be liable for any damages arising from such termination.

Article 21 (Prohibition on Assignments of Rights and Obligations)

  1. The User may not assign, succeed to, pledge, or otherwise dispose of any of its rights or obligations under these Terms to any third party without prior written consent from the Company.
  2. If the Company transfers the business pertaining to the Services to a third party, the Company may transfer to such third party its contractual status under these Terms, as well as its rights and obligations, registered information, and any other customer information. The User, in advance, agrees to such transfer.

Article 22 (Term and Termination)

  1. The Service Agreement between the User and the Company is deemed effective from the date the User agrees to these Terms and commences use of the Services, and it continues until the end of the contract period chosen by the User or upon occurrence of any termination event designated by the Company.
  2. If a User wishes to terminate before the end of the contract period, no refunds for any remaining term shall be provided, and the User may be required to pay the remaining fees, consistent with the provisions of these Terms.
  3. If either party violates these Terms and fails to remedy such violation within a reasonable period after receiving a notice requesting remedy, the non-breaching party may terminate this Agreement.
  4. Upon termination, the Company may delete all data stored by the User in the Services, and shall not be liable for any damages to the User or third parties as a result.
  5. Even after the termination of these Terms, provisions concerning prohibited conduct, intellectual property rights, personal information protection, damages, etc., which by their nature should survive, shall remain in effect.

Article 23 (Force Majeure)

Neither party shall be liable for delay or failure in the performance of obligations under these Terms if caused by force majeure events, such as natural disasters, wars, riots, or government regulations, that are beyond their reasonable control.

Article 24 (Governing Law and Jurisdiction)

  1. These Terms shall be governed by the laws of Japan. However, if the User resides in an EU member state or another region with mandatory consumer protection laws, those laws may take precedence to the extent required.
  2. In the event of any dispute arising out of or in connection with these Terms or the Services, the parties agree that the district court having jurisdiction over the location of the Company's or the User's principal place of business shall have exclusive jurisdiction in the first instance, unless otherwise mandated by mandatory consumer protection laws.

Article 25 (Language and Translation)

  1. The original text of these Terms is in Japanese. Even if a translation is provided in another language, if there is any inconsistency or discrepancy between the Japanese version and the translation, the Japanese version shall prevail.
  2. The Company may provide translations in multiple languages for convenience, but makes no guarantee as to their accuracy.

Article 26 (Trademarks, etc.)

  1. The trademarks "360°Homes" or "360°Homes®," as well as the Company's logos, service names, trade names, etc. (collectively, "Trademarks, etc."), belong to the Company or other rightful owners.
  2. Users shall not copy, download, modify, or otherwise use any Trademarks, etc., for purposes outside the Services without prior written consent from the owner. However, loading Trademarks, etc., on a User's device as technically necessary to display or use the Services is permitted.

Article 27 (Contact and Notices)

  1. Inquiries, notifications, and other communications regarding the Services shall be made by a method designated by the Company.
  2. Notices from the Company to Users may be delivered by email to the address provided by the User at registration, by posting on the Company Website, or by any other method deemed appropriate by the Company.

Article 28 (Entire Agreement)

These Terms constitute the entire agreement between the Company and the User regarding the use of the Services and supersede any prior or contemporaneous oral or written agreements.

Article 29 (Contact Information)

For inquiries regarding these Terms, please contact:

  • Company Name: AGENCIA Inc.
  • Address: Urbanet Nagoya Nexta Building 4F, 1-1-1 Higashisakura, Higashi-ku, Nagoya-shi, Aichi, Japan
  • Email: support@agencia.co.jp
  • Hours: 10:00 - 18:00 (Japan time)