DISCLAIMER | PT. Kentem International Indonesia

iSurvey 3D use provision

Updated version dated:25/4/2019

This provision (hereinafter referred to as “iSurvey 3D provision”) is regulations on rights and obligations between clients, users of iSurvey 3D applications or services (hereinafter referred to as “iSurvey 3D Service’) and Kensetsu System Co., Ltd. (hereinafter referred to as “the Company”). The Company provides iSurvey 3D services.

The company will allow clients to use iSurvey 3D service, provided that they agree with iSurvey 3D provision. Before using iSurvey 3D service, please read the provisions below.

Article 1: (Acceptance and change scope of iSurvey 3D provision)

iSurvey 3D provision for providing clients with this service is necessarily applied with unlimited use of website and applications.
The Company, whenever, in spite of no consensus of clients, can modify or delete a part or all of the content of iSurvey 3D provision (hereinafter referred to as “iSurvey 3D provision change”). The result of iSurvey 3D provision change will be notified clients by the Company or on the website of iSurvey 3D service provision or at the earliest time when posting applications and website of iSurvey 3D service provision.
Provision of the Company is changed earliest on our website of iSurvey 3D service provision or when using iSurvey 3D service provision (hereinafter referred to as the “Service” including “Website and iSurvey 3D Service”). Only if clients agree with iSurvey 3D provision after changing, it can apply iSurvey 3D provision change for clients. Individual clients who are working at the company (not related to presence or absence of labor contracts, hereinafter referred to as “customer staff”) in a case of using the service of the Company shall be considered as agreed. Clients who do not agree with iSurvey 3D provision change will not be absolutely allowed to use the service of the Company.
For clients who have accepted iSurvey 3D provision change, the content of iSurvey 3D provision change will be applied retroactively from the first use of clients.

Article 2: (Concept of service)

iSurvey 3D service is an application that runs on Microsoft Windows, performs various calculations from information as coordinates, horizontal and vertical alignment and section data, calculation results and it is designed to provide an input element.
iSurvey 3D service has clients in Indonesia and is only available to clients with addresses and scope of use in Indonesia.
Unrelated to the regulations in clause 1, the Company, without obtaining the consent of the clients, can change or stop the provision of a part or all of the content of iSurvey 3D service.

Article 3: (Application service)

Clients who want to use iSurvey 3D service have to fill the necessary information in the Company's Registration Form (hereinafter referred to as “iSurvey 3D service registration form”). The company basing on the registration form, demand will confirm the content in writing, the information in the iSurvey 3D service registration form.
Clients will explain and ensure to the Company by iSurvey 3D service registration form.
In iSurvey 3D service registration form, for annual service registration, the starting date of using will be the date in the registration form (hereinafter referred to as “Starting date”); from the starting date, clients can use iSurvey 3D service.
For these reasons below, the Company may refuse the service registration in clause 1
1. If clients does not conduct registration procedure.
2. If information in iSurvey 3D service registration form is not true.
3. If iSurvey 3D provision for clients encounters technical difficulties or specialized problem that impedes.
4. If clients does not pay on time without good reason.
5. If clients are deemed reactionary organizations.
6. The other cases in which the Company thinks that it should refuse to provide service.

Article 4: (Account information related to activation key)

After agreeing to use the service of the Company, the Company will provide clients with a Key (hereinafter referred to as “Activation key”) to use iSurvey 3D.
Clients usually need to have an account related to the activation key (called Account) that requires personal information to register as company name, address, name of manager and email of clients.
The Company, at any time, may require clients to provide proof for information that is used to register the account.
Clients can not delete the account, including but not limited to how to process such as giving it away, giving the third party, transferring or allowing the third party to share an account.

Article 5: Activation key management

The activation key management must be cooperated in good faith, not be disclosured, published, leaked or shared the set-up activation key with a third party to use the service of the Company. The Company will not bear any liability in the event of incident that harms to clients because of the disclosure, publication or leak, or sharing with a third party.
When clients allow the third party to use the activation key, or think someone else knows the activation key, they must immediately inform the Company.

Article 6: (Responsibilities of manager)

The manager has the following responsibilities.

To ensure account registration information of clients is the most updated information
To stay in touch between the Company and users, to notify them use content, to represent clients.
To implement the iSurvey 3D provision provided by the Company.
To provide correct information necessary to users, how to use or manage effectively, perform its obligations under the iSurvey 3D provision of the Company.
To ensure the use environment of clients to be provided in accordance with the iSurvey 3D provision of the Company.

Article 7: (Support)

The company will support clients during use time, which is from starting date to expired date in annual service registration.
2.Regardless of the above provisions, when iSurvey 3D has upgraded version, we will end supporting the previous version; in addition, in case that iSurvey 3D service is ended, it means that the support is also ended.

Article 8: (Notice)

When the Company has necessary notifications, the Company will send to email address of clients that is used to register the Account.
2.Notices from the Company are considered to be effective from the sending time to email address of clients, because the Company can’t know that whether the information is sent to email address of clients or not.
In case of any incurred loss or damage to clients due to not receiving notices from the Company, the Company will not be responsible for the receipt of notices.

Article 9: (Users)

With customer staff who registered accounts, they may use the service of the Company.
Users are obliged to respect the iSurvey 3D provision of the Company. In addition, clients also have the responsibility for respecting the content of the iSurvey 3D provision of the Company for users. Violating the iSurvey 3D provision of the Company by clients is considered as a breach of clients.
Except for clients, users are not allowed to use the service of the Company for a third party.

Article 10 : (Prohibited acts)

When using the service, clients are not allowed to perform acts or acts similar to the following.
1. To allow the third party to use the activation key or the service of the Company.
2. Act of handling the third party in terms of right to use our service.
3. Act of attacking our service or related service or act of obstructing use of the service.
4. To repeat uploading, downloading or deleting data on the server, act of infringement to partners such as server service supplier, the third service supplier related to our service or internet service supplier.
5. Act of infringement to the intellectual property right of the Company and the third party (including but not limited to patent right, utility solution, innovative idea, Trademark and copyright).
6. Act of analysis, modification, reverse engineering, decompilation, disassemblation of software used for the service of the Company.
7. Acts harm interests of the Company and the third party.
8. Offense and act constitutes a crime.
9. Act obstructs support or threatens support staff of provided service.
10. Acts manifest the appreciation of vilification, violence in the services of the Company.
11. Act of infringement to violation of law, regulations of the company or violation of social order.
12. Act of misusing of reputation, credibility of the company.
13. Other acts with improper judgment.
In the event of clients’ objection to the above obligations, the Company can implement the following measures, if any damage caused to clients, then the company is not responsible.
1. Stop service use of clients
2. Delete clientsʼ activation key.
3. Delete a part or all of the data of clients.
Based on the violation of obligations referred to in clause 1, in the event of damage, clients will have to bear all amounts (including attorney fee).

Article 11 : (Suspension and termination of service)

In case there are reasons below, The Company does not need to notify customers to cancel or terminate a part of all of the service.
1. In case that the Company thinks that it needs to suspend the service in a short term (including but not limited to suspension for another server installation, repairing incident or maintenance).
2. In case of attacking the service of the company.
3. In case of infringement of iSurvey 3D provision.
4. If the Company is unable to provide the service due to natural disaster, fire, power failure, strike, war, rebellion, riot or other unusual events.
5. In case that it deems necessary to suspend or terminate service.
In case that in the above clauses, the Company may perform the following acts, if any damage caused to clients, the company is not responsible.
1. Stop service use of clients.
2. Delete clientsʼ activation key.
3. Delete a part or all of the data of clients
If clients wish to terminate the service, they can contact the Company and the Company can stop the service anytime. In this case, the service termination date is the date on which clientsʼ notice is sent to the company.

Article 12 : (Disclaim)

The Company will not be liable to any penalty or damages incurred by clients if safety, security and reproduction are not ensured when using the service of the Company.
When using our service, to avoid slow internet connection or interruption, it must eliminate barriers caused by computer or information technology equipment, bad electrical signal condition or to avoid slow connection or interruption due to changing server status, data losing and perturbation, the Company will not be liable to any penalty for the loss incurred by the clients.
The Company will not be liable to any penalty or damages incurred by failing to register their latest information on clients’ activation key.
The Company will not be liable to any penalty or damages incurred by unreasonable management of activation key of clients.

Article 13 : (Regime for Liability of Compensation)

For the purpose of providing the service with safety and convenience for client data, our server business entity has management sector, service business entity is a separate one, and we also have internet access business entity. Each vendor offers characteristic, regulations, and contract terms with mutual assistance.
Clients accept that our service includes risks outlined in the above provisions, for damage arising from use of the service (including but not limited to loss of data), clients can’t require our company as well as other business entities, such as server vendor, service vendor and internet access vendor.
However, in case that we have to take responsibility related to the service provision, such compensation will be calculated according to the following. We select the fewer amount.
1. The total amount received from clients according to the service provision (but minus the tax)
2. At the time of receipt of the service registration form from clients, the amount of damage is the amount incurred ordinarily, reasonably from the known information (however, not including attorney fee).

Article 14 : (Intellectual property right)

Clients cannot dispute the intellectual property right related to the service of the Company.
The patent of the service of the Company, included in the intellectual property right related to the service, is not allowed to deliver to client.

Article 15: (Dispute with the third party)

When clients know that the third party harms the intellectual property right of the Company, they immediately notify the Company.
When clients dispute with the third party about the service use (including but not limited to reception, negotiation, decision, reconciliation of warning), clients immediately notify the company these contents. In this case, clients are responsible for settling the dispute.
In case that the service use of clients is harmful to the third party, in case of arising liability to pay damage to the company, clients must immediately compensate such losses to the Company or the third party. In the event, if the Company represents clients to compensate, clients will reimburse the Company (including attorney fee).

Article 16 : (Personal information)

The Company uses the appropriate information of clients.
The Company may use the personal information in cases described below, with the consent of the clients.
1. To inform clients the service.
2. To develop service to be collected to use techniques such as Cookie of clients’ information, for example, information about companies, unions, users, use time, use environment.
3. To apply appropriately to clients; to improve, use service or to investigate for service upgrade
4. To suppress or refuse those who are likely to be other users or the third person, use in violation of the provisions of the Company or for inappropriate purposes.
5. To use the necessary information to contact in order to apply appropriate measures users.
6. To conduct investigation, advertisement and notification via email of clients.

Article 17 : (Validity period)

Clients can use the service within the validity period indicated on the annual service registration.
When the validity period ends, iSurvey 3D service features (mobile application) and data which is kept in iSurvey 3D service will not be used.

Article 18 :(Trial version)

Clients do not register pursuant to clause 1 of Article 4, they can use the trial version of iSurvey 3D.
The trial version is valid within 30 days.
The trial version does not include support service.
The trial version can not do any data export.

Article 19 : (Termination of service provision due to clients' responsibility)

Clients fail to implement the iSurvey 3D provisions, in the absence of performance of the obligation within 30 days from the date of notification, the Company has the right to stop the service.
In addition to the provisions stated above, if clients violate the following, the Company has the right to stop the service without notification.
1. The Company found that clients violate clause 4 of Article 3 and clause 1 of Article 10 or in the past.
2. Clients dispute intellectual property right with the Company.
3. Clients have infidelity act that the Company thinks it is serious, the company will not continue to provide the service.
4. Clients are suspending payment.
5. Clients’ bill and cheque are nontransferable.
6. Clients seizure, settle dispute in bidding or tax debt settlement.
7. Clients are related to allegation of bankruptcy, civil and business proceedings or other special liquidation.
8. The Company judges that the clients are inappropriate to use the service
In clause 1and 2, if any damage caused to clients, the company is not responsible.
Notwithstanding terminating the service pursuant to clause 1, clause 2, the Company has the right to require compensation for damage and other requirement rights with clients. At the time of termination of the service, clients immediately implement obligations to the Company.

Article 20 : (Governing law and judgment of courts)

The Company and clients agree with the following.

The governing law to the provisions of the Company is in accordance with Japanese law.
In the event of a conflict when using the service, competent courts in Shizuoka will conduct an instance trial. However, all disputes which can be solved in a court of Shizuoka will be resolved in advance.

This provision is implemented from April 25th, 2019.

Information we collect	Purpose of Use
KENSETSU SYSTEM Cloud Service Account Information (email address, etc.)	To verify your account. To support you for using the Application and the Services
Terminal ID	To verify your account. Terminal IDs are collected after anonymizing by combining multiple IDs and processed not to identify our customers.
Terminal Name	To verify your account.

Information we collect	Purpose of Use
KENSETSU SYSTEM Cloud Service Account Information (email address, etc.)	To verify your account. To support you for using the Application and the Services
Terminal ID	To verify your account. Terminal IDs are collected after anonymizing by combining multiple IDs and processed not to identify our customers.
Terminal Name	To verify your account.

iSurvey 3D Use Provision

Article 1: (Acceptance and change scope of iSurvey 3D provision)

KS-Navi Privacy Policy

Collection and Use of Personal Information

Disclosure / Sharing of Acquired Information