Service Terms of Use | Improve real estate closing rates and business efficiency

The 360°Homes® Terms of Service (hereinafter referred to as "these Terms") outline the necessary agreements for applicants (defined in Article 2, Item 2) and subscribers (defined in Article 2, Item 3) regarding the use of the 360° image generation and distribution platform service (hereinafter referred to as "the Service") provided by AGENCIA Inc. (hereinafter referred to as "the Company"). These Terms apply when using the Service. By registering for the Service or using the Service, you agree to these Terms. Please read them carefully before use.

Trademarks and Registered Trademarks

The information on this website is protected by copyright laws, various treaties, and other legal provisions. Any use of this information (including reproduction, modification, uploading, posting, transmission, distribution, licensing, sale, and publication) beyond private use or explicitly permitted by law is prohibited without prior written permission from AGENCIA Inc.

Software provided from this website is the copyrighted work of the rights holders. Please use the software in accordance with the software license agreements provided by the rights holders, as well as copyright laws, various treaties, and other legal provisions.

The trademark "360°Homes®" used on this website is a trademark or registered trademark of AGENCIA Inc.

Even if explicitly permitted in these terms, the use of information does not grant or imply the transfer or licensing of any patent rights, trademark rights, or copyrights of AGENCIA Inc. or any third party.

Article 1 Definitions

"This site" refers to the collective term for the website where the content of this service is posted.
"Applicant" refers to corporations, organizations, or individuals engaged in business who wish to enter into a "Service Use Agreement" with the Company.
"Subscriber" refers to corporations, organizations, or individuals engaged in business who have agreed to these Terms and have been registered as users of this service based on Article 3.
"This Use Agreement" refers to the service use agreement concluded between the Company and the Subscriber based on these Terms.
"User" refers to individuals approved by the Subscriber to use this service and who can use this service according to the Company's prescribed methods.
"Content" refers to information (including but not limited to documents, images, videos, audio, music, other sounds, images, software, programs, code, and other data) that Subscribers and Users can access through this service.
"User Content" refers to content created and stored by Subscribers or Users on this service.
"User Data" refers to images, text, audio, videos, and other data uploaded to this service by Subscribers or Users.
"Recommended Operating Environment" refers to the equipment, software, etc., recommended by the Company for using this service.
"Intellectual Property Rights" refers to copyrights (including rights under Articles 27 and 28 of the Copyright Act), patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including rights to acquire and apply for registration of such rights), as well as rights related to ideas and know-how.

Article 2 Purpose of These Terms of Service

This service uses a 360° photography app and a property 360° image management system, specifically designed for the real estate industry. It includes features such as online business negotiations, video generation, store account issuance, automatic sealing, hotspot addition, floor plan integration, use of original logos and icons, optional image addition, YouTube video display, VR staging, AI voice synthesis, and AI annotation display. Images of property exteriors and interiors uploaded via this system are processed, generated, and stored on our cloud service "Amazon Web Services (AWS)" (hereinafter referred to as "our server"), and can be displayed on the subscriber's or user's website, SNS, or within their system.
Some features of this service allow video posting to YouTube channels via API integration with the user's Google account. The information of the Google account used for this function will not be used for any purposes other than video posting.
This service aims to display images generated on our server in the user's environment. Data generated after uploading user data includes confidential data incorporating our proprietary technology. Therefore, except for data explicitly provided as belonging to the user, all intangible property rights related to all content (including data, trademarks, logos of this service, etc., but not limited to these) belong to us, and all other intellectual property rights will belong to us to the extent that they do not infringe on the copyrights of the user data.
The subscriber represents and warrants to us that they have the legal right to transmit data and that the data and its transmission do not infringe on any third-party rights.
This service aims to display images generated on our server in the user's environment. Data generated after uploading user data includes confidential data incorporating our proprietary technology. Therefore, except for data explicitly provided as belonging to the user, all intangible property rights related to all content (including data, trademarks, logos of this service, etc., but not limited to these) belong to us, and all other intellectual property rights will belong to us to the extent that they do not infringe on the copyrights of the user data.
The subscriber and user agree not to exercise moral rights against us.

Article 3 Compliance with YouTube Terms of Service

Subscribers and users of this service agree to comply with YouTube's Terms of Service (https://www.youtube.com/t/terms) when using this service.
360°Homes® only accesses and uses YouTube video views, user channel information (such as channel name and channel ID), content information (such as video titles, descriptions, privacy settings, playlist titles, descriptions, privacy settings), and access permissions (related to actions such as viewing, uploading, editing, and deleting). It does not store or share Google user data.

Article 4 Service Application

Prospective users of the service must agree to comply with these terms and provide the required registration information via the service's dedicated web page or by filling out an application form provided by our representatives to apply for service use.
This service contract is established when we begin providing the service to the user, allowing the user to access and use the service according to our specified methods.
Users can start using the service according to these terms once we accept the user's notification from the contract holder and complete the ID registration.
We may refuse service registration if the applicant falls under any of the following reasons. We are not obligated to investigate the presence of these reasons nor disclose the reasons for refusal to the applicant.
(1) If it is reasonably determined that the information provided to us is false or inaccurate.
(2) If there are current delays in fulfilling obligations to us, or if there have been delays in the past.
(3) If it is reasonably expected that the service will be used in violation of these terms or other rules set by us.
(4) If the applicant has previously violated these terms or other rules set by us and has been terminated as a result.
(5) If we determine, for other reasonable reasons, that the application is not appropriate.
The subscriber must promptly notify us of any changes to the required information provided, using the prescribed method. We are not responsible for any disadvantages that may arise, such as notifications not being received, due to failure to provide such notice.

Article 5 Management of ID and Password

The subscriber is responsible for properly managing and storing the ID and password issued by the company. The subscriber must not lend, transfer, provide as collateral, change the name, or allow third parties to use the ID and password in any manner.
If a login matches the combination of the ID and password registered with us, we will consider it as being used by the registered subscriber or user.
In such cases, the subscriber assumes all responsibility for the use of the service with the given ID and password.
The subscriber is liable for any damages resulting from inadequate account management, user errors, or third-party use, except in cases of intentional misconduct or gross negligence by the company. The company assumes no responsibility for these damages.
If the subscriber or user becomes aware that their ID or password has been stolen or used by a third party, or if there is a risk of such use, they must immediately notify the company and follow the company's instructions. The company is not liable for any damages incurred by the subscriber or user as a result of following these instructions.

Article 6 Backup

Our company regularly backs up content data and user content data uploaded to our servers, storing them in multiple locations for a certain period. However, subscribers are also responsible for preserving any necessary information they input, provide, or transmit in relation to the use of this service.
If content becomes unavailable due to system failures, we will restore it using the backed-up data. Please note that we do not provide backup data based on individual subscriber requests.
We perform backups daily as a standard practice and do not adjust the backup schedule based on individual subscriber requests.
While we strive to minimize the risk of content data loss through our backup system, including external cloud servers, subscribers should be aware that unforeseen failures could lead to data loss. Our company is not liable for any damages incurred by the subscriber due to such data loss.
In the event of necessary maintenance or improvements to the service, we may duplicate data stored on our servers to the extent required. Subscribers agree to this process and will not raise objections.

Article 7 Service Cancellation

A registered subscriber may terminate the service using the prescribed method. Upon termination, the subscriber and users authorized by the subscriber will no longer be able to access the service from the point of termination (limited to the scope of the service usage contract terminated by the subscriber under these terms).
In the event of termination, if the subscriber has any outstanding obligations to the company (including but not limited to obligations under these terms and any damages owed to the company), the subscriber will lose the benefit of the term for all such obligations and must immediately fulfill all obligations to the company.
Even if a subscriber terminates the service usage contract midway through the contract period, usage fees for the remaining period will still be charged. The company will not provide any pro-rata refunds or settlements.
The subscriber will remain responsible for any obligations and debts incurred through the use of the service even after termination.
The company reserves the right to retain or delete user accounts and any data provided by the subscriber related to the terminated service, as well as use such information in accordance with these terms, even after termination.
If a subscriber wishes to register for the service again after termination, they must undergo the registration process anew. The subscriber acknowledges that data from before the termination will not be carried over.
After termination, the company will not transfer any data or information provided by the subscriber, and the subscriber agrees to this without objection.

Article 8 Prohibited Actions

Subscribers must not allow users or third parties to engage in the following actions related to the service. If a prohibited act is committed by the subscriber or a third party, the company may take necessary measures such as immediate suspension of service.
(1) Actions that violate these terms or other rules set by the company, or actions that may violate them.
(2) Actions that violate the laws and regulations of the country or region where the subscriber or user resides.
(3) Fraud or threats against the company or third parties.
(4) Actions contrary to public order and morals.
(5) Sending information through the service that includes, or the company deems to include, the following:
　(a) Excessively violent or cruel expressions.
　(b) Information containing computer viruses or other harmful programs.
　(c) Excessively obscene expressions.
　(d) Expressions that promote discrimination.
　(e) Expressions that encourage suicide or self-harm.
　(f) Expressions that encourage inappropriate drug use.
　(g) Anti-social expressions.
　(h) Expressions that cause discomfort to others.
　(i) False information.
　(j) Information that deviates from the purpose of the service, such as advertising, solicitation, or business activities without authorization.
(6) Actions that damage the reputation or credibility of the company, other subscribers, users, or third parties, and infringe on privacy, portrait rights, or other rights and interests.
(7) Infringement of intellectual property rights, including copyrights and neighboring rights, of the company, other subscribers, users, or third parties.
(8) Actions that place an excessive load on the company's network, server, or systems, or otherwise interfere with the smooth operation of the site or the provision of services.
(9) Altering or deleting the content of the service or information obtained through the service without permission from the company.
(10) Unauthorized access to the systems connected to the service or unauthorized rewriting or deletion of information stored in the company's facilities.
(11) Collecting information about other subscribers of the service.
(12) Sending or posting harmful computer programs such as viruses, or using external tools that exploit unintended bugs or defects in the service to achieve unintended effects.
(13) Posting URLs generated by the service on any site other than the user's service site or social networking site without the company's consent.
(14) Publishing information obtained from the service on the internet without the company's consent.
(15) Using or allowing the use of other subscribers' user IDs, including sharing one user ID among multiple companies or obtaining an ID on behalf of someone whose ID usage has been suspended.
(16) Disassembling, decompiling, reverse-engineering, or otherwise analyzing the source code of the service.
(17) Providing benefits to anti-social forces (including but not limited to organized crime groups, their members, and related organizations).
(18) Using violent or threatening language or behavior (including claiming to be affiliated with anti-social forces).
(19) Accessing the service for the purpose of developing or improving competing or similar services.
(20) Actions contrary to the purpose and intent of these terms and the service.
(21) Directly or indirectly causing or facilitating any of the aforementioned actions.
(22) Other actions that the company deems inappropriate.

Article 9 Maintenance of Usage Environment

Users must ensure they have the necessary equipment, such as cameras, computers, mobile phones, and other devices, as well as operating systems (including firmware versions), application environments, and communication environments required to use the service. The service assumes that cameras, internet, email, and various settings (including security settings) on users' devices are appropriately configured. The company bears no responsibility for any issues arising from inappropriate device settings, operating environments, or communication environments that prevent the proper provision of the service.
When starting to use the service or during its use, if the subscriber installs software from the company's website or other sources onto their computer or other devices, they must take sufficient precautions to prevent the loss or alteration of their data or damage to their equipment. The company assumes no responsibility for any damages incurred by the subscriber as a result of such events.
Users are responsible for implementing security measures, such as antivirus protection, at their own expense and risk. If their equipment becomes infected with a computer virus or there is a threat of infection, they must promptly notify the company.

Article 10 Suspension of Service or Deletion/Change of Account

Our company may temporarily suspend the use of the service by a contractor, take other necessary measures, delete the contractor's registration, or terminate the service use contract without prior notice or demand if the contractor falls under any of the following conditions or if we judge that there is a possibility of such conditions.
(1) Violation of any provision of these terms, or if we judge that there is a possibility of such a violation.
(2) Discovery of false information in part or whole provided to us.
(3) Theft or unauthorized use of the ID or user password by a third party.
(4) Determination by us that the use environment is infected with a computer virus or that mass emailing could cause damage to us or a third party.
(5) Suspension or invalidation of the bank account or credit card designated for service fee payment, or discovery of fraudulent use.
(6) Delay in the payment of service fees, and failure to resolve the delay by the specified date.
(7) Discovery that the contractor is a minor, adult ward, person under curatorship, or person under assistance without the consent of a legal representative, guardian, curator, or assistant.
(8) Suspension or inability to make payments, or initiation of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar procedures.
(9) Significant deterioration of creditworthiness or significant operational changes affecting creditworthiness.
(10) Resolution by the contractor to dissolve or reorganize with another company.
(11) Death of the contractor or receipt of a ruling for commencement of guardianship, curatorship, or assistance, and there is a reasonable reason to terminate the service use contract.
(12) No response for over 30 days to inquiries or other contact from us seeking a reply.
(13) Determination by us that the contractor is an anti-social force, or is involved in maintaining, operating, or managing an anti-social force through funding or other means, or if it is found that an anti-social force substantially controls the corporation.
(14) History of suspension of use of this service or other services provided by us, or currently under such measures.
(15) Necessity for operation and maintenance of the service as determined by us.
(16) Any other reasons similar to the above as determined by us.
If the contractor falls under any of the reasons listed above, they shall automatically lose the benefit of the term for all obligations owed to us (including but not limited to obligations under these terms and compensation for damages owed to us), and shall immediately fulfill all obligations to us.
Even after measures based on the first item are taken, the subscriber will not be exempt from any obligations and liabilities related to the use of our services (including but not limited to indemnity obligations) to us and any other third parties.
We are not liable for any damages incurred by the subscriber due to actions taken under this Article. We retain the right to hold or use any data and information provided by the subscriber to us based on these Terms, even after measures are taken based on the first item.

Article 11 Handling of Subscriber Information and Personal Information

We may collect personal information (hereinafter referred to as "Personal Information") as defined by laws concerning the protection of personal information of subscribers, users, or other individuals directly from the subscribers or users themselves, or indirectly from other sources. This information can be retained for the period necessary to ensure the smooth provision of our services.
We will not disclose or provide the information of subscribers or Personal Information to anyone other than the subscriber, user, or the source of the information, nor will we use it beyond the scope necessary for providing our services.
Upon request from the subscriber, or after the termination of this service agreement or the expiration of our retention period, we will delete the Personal Information. However, if we are required by law to retain Personal Information after the termination of the service agreement or the expiration of our retention period, we may not delete such information.
We will treat user content and user data as confidential information. However, information that is publicly available through the web or other means, or that has been publicly disclosed in the past, does not fall under the category of confidential information.

Article 12 Temporary Interruption and Suspension of Service

Our company may change or add to the content of the service and related software without prior notice to the contractor. However, if the changes involve significant reductions or discontinuation of the service, we will notify the contractor of such changes, the details of the revised service, and the effective date by posting on our website or other methods deemed appropriate, a reasonable period in advance.
We may, at our discretion, suspend the provision or operation of all or part of the service. If we decide to suspend the service, we will notify the contractor by a method we deem appropriate. However, in emergencies, notification to the contractor may not be provided.
We may temporarily interrupt all or part of the service without prior notice to the contractor in the following cases.
(1) Regular or urgent maintenance or repair of hardware, software, or communication equipment related to the service.
(2) Non-provision of services by telecommunications carriers.
(3) Difficulty in providing the service due to force majeure events such as natural disasters.
(4) Difficulty in providing the service due to unforeseen accidents, fire, power outages, wars, conflicts, riots, or labor disputes.
(5) System overload due to excessive access or other unforeseen factors.
(6) Necessity to ensure the security of the contractor.
(7) Temporary suspension or interruption of services operated by third parties linked to the service (hereinafter referred to as "third-party services").
(8) Inability to operate the service due to laws or measures based on them.
(9) Other cases deemed necessary by us.
The contractor agrees in advance that the use of all or part of the service may be restricted in the following cases.
(1) When the ID, password, and other authentication functions used to confirm the qualifications for service use cannot confirm such qualifications.
(2) When the service is used in an environment where the internet connection is unavailable or unstable.
(3) When the service is used in a communication environment where real-time communication is not possible.
We are not obligated to provide support or updated versions (including updates) of software related to the service to the contractor.
We shall not be liable for any damages incurred by the contractor due to measures taken based on this article.

Article 13 Relationship with Other Provisions

In the service, if there are provisions other than these terms on this site or elsewhere, both sets of provisions shall apply. In the event of any conflict between these terms and such provisions, the latter shall take precedence.

Article 14 Exclusion of Anti-Social Forces

We prohibit the use of this service by anti-social forces and similar entities. If we determine that the contractor falls under such entities, we may suspend the provision of the service or terminate the service use contract without prior notice to the contractor. We shall not be liable for any damages or disadvantages incurred by the contractor due to the suspension of the service or termination of the service use contract.

Article 15 Compensation for Damages

If the contractor violates these terms or causes damage to our company in relation to the use of this service, the contractor must compensate us for all such damages (including attorney fees and equivalent personnel costs).
If, in relation to the contractor's use of this service, our company receives any claims from other contractors, users, or other third parties due to infringement of rights or other reasons, the contractor must compensate us for the amount we are forced to pay to such third parties based on the claim, as well as any costs incurred by us in resolving such disputes (including attorney fees and equivalent personnel costs).

Article 16 Disclaimer of Warranties and Limitation of Liability

We do not guarantee that the service, the content provided through the service, or any information obtained by the contractor through the service will meet the contractor's specific purposes, have the expected functions, commercial value, accuracy, or usefulness, comply with laws or internal rules of industry associations applicable to the contractor, be free of defects, resolve problems related to the use of the service, be legally available for use, comply with the terms of use of services provided by third parties, or not infringe the rights of third parties.
We are not liable for any damages or disadvantages incurred by the contractor due to the interruption, suspension, termination, unavailability, or change of the service provided by us, the deletion or loss of data sent by the contractor to the service, the deletion of the contractor's registration, the loss of data, equipment failure or damage due to the use of the service, server stoppage, inability to connect to the server, delays, or any other damages related to the service, except in cases of intentional misconduct or gross negligence on our part.
We do not involve ourselves in communications or activities between contractors. In the event of disputes or issues between contractors, they shall resolve these at their own responsibility and expense, and we shall not be involved in any way.
If a dispute arises between the contractor and a third party, the contractor shall resolve it at their own responsibility and expense, and we shall not be involved in any way.
Even if links to other websites are provided from our website or vice versa, we do not assume any responsibility for websites other than our own and the information obtained from them.
For information entered by the user, the contractor shall verify the truthfulness and accuracy of the entered information themselves, and we do not guarantee the accuracy of the displayed information or that the aggregated results accurately reflect reality.
The contractor shall manage their data at their own responsibility and verify the history of data entry, updates, processing, and editing using the functions provided within the service. Except for handling personal information in accordance with our privacy policy, we are not responsible for the disclosure, correction, or deletion of the content and history of the contractor's data.
We do not guarantee that the service is compatible with all devices, and the contractor agrees in advance that issues may arise in the operation of the service due to OS upgrades of the devices used. We do not guarantee that such issues will be resolved through program fixes provided by us. This clause applies even if the recommended operating environment for the service is separately stated on our site.
The contractor agrees in advance that image quality and image distortion may occur depending on the shooting method, environment, and camera performance during the use of the service, and we are not responsible for any damages incurred by the contractor or users as a result.
Some functions of the service involve access to external services owned by the contractor or users, but we are not responsible for the impact on the service due to the system conditions of such external services or other external systems.
The contractor agrees that the decisions made by the artificial intelligence included in the service are intended to assist the user's operations and do not guarantee completeness. We are not responsible for any disadvantages incurred by the contractor, users, or third parties as a result of following these decisions.
We are not liable for any damages incurred by the contractor in connection with the service, except in cases of intentional misconduct or gross negligence on our part. Even in cases where we are liable for damages due to intentional misconduct or gross negligence, or where we are only partially exempted from liability due to the application of the Consumer Contract Act or other reasons, our liability is limited to direct and ordinary damages actually incurred due to reasons attributable to us, and the total amount of service fees actually received from the contractor in the past year from the time the damage occurred.

Article 17 Transfer of Position Under These Terms, etc.

The contractor may not transfer, succeed (including comprehensive succession through merger, company split, etc.), or provide as security the status under the service usage contract or all or part of the rights and obligations based on these terms to a third party without prior written consent from us.
If we transfer the business related to this service to another party, we may transfer the status under the service usage contract, the rights and obligations based on these terms, and the registration information and other customer information of the contractor to the transferee of such business transfer. The contractor is deemed to have given prior consent to such transfer.

Article 18 Severability

If any provision or part of a provision of these terms is found to be invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions of these terms and the remaining parts of the invalid or unenforceable provision will continue to be fully effective. Both our company and the contractor will strive to amend these terms as necessary to make the invalid or unenforceable provision or part thereof lawful and enforceable, and to ensure that the purpose of the invalid or unenforceable provision or part thereof is achieved, maintaining the same legal and economic effect.

Article 19 Survival Clauses

Articles 2, Paragraphs 2 to 6, Article 8, Article 11, Article 15, and Article 20 shall remain in effect even after the termination of the service use contract between the company and the contractor, regardless of the reason for such termination.
Other provisions that are reasonably considered to survive in light of the purpose and context of these terms shall also remain in effect.

Article 20 Governing Law and Jurisdiction

The governing law of these terms of use shall be the laws of Japan.
The Nagoya District Court shall have exclusive jurisdiction as the court of first instance for any litigation related to these terms of use.

Article 21 Changes to Terms of Service

We may change the contents of these terms by specifying the effective date. In such cases, the contents of these terms will be amended in accordance with the changes from the effective date.

Article 22 Resolution by Consultation

If any matter not stipulated in these terms or any question regarding the interpretation of these terms arises, both our company and the contractor shall promptly resolve it through mutual consultation in accordance with the principles of good faith and sincerity.

Established on May 1, 2024

AGENCIA Inc.
support@agencia.co.jp