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Terms of Service - Veritus


Effective Date: August 6, 2024


Please review the Terms of Service (the 'Terms') carefully, as they detail your legal rights, remedies, and obligations with respect to your use of our mobile applications, software products, content, updates, and related services (collectively, the 'Services').

These Terms are issued by Veritus, including its subsidiaries and affiliates ('Veritus', 'we', 'us', 'our'), and govern the provision of Services accessible via our website(s), including but not limited to veritus.ai. By engaging with the Servicesā€”whether by registering an account; accessing, using, or navigating our Services; or by affirmatively accepting the Terms through any interaction medium, including but not limited to clicking a checkbox or submitting content (data, text, information, etc.) via the Services or an external web linkā€”you acknowledge and affirm that you have read, comprehended, and consented to be bound by the Terms in their entirety.

The Terms constitute a legally enforceable agreement between you and Veritus. The term 'you' refers to the individual user accessing the Services for personal purposes or, if the Services are being used on behalf of an entity, the entity itself, provided that the individual acting on behalf of the entity is duly authorized to enter into agreements on behalf of said entity. If you do not agree with any part of the Terms, you must refrain from accessing or using the Services.



Terms of Service Amendments


We reserve the right to alter, update, add, or remove sections of the Terms at our discretion, and without prior notice. The most recent version of the Terms can be reviewed at any time on our website, where the date of the latest revision will also be highlighted. By continuing to use the Services after these changes are posted, you will be subject to, and will be deemed to have accepted, the revised Terms. If you do not agree with the Terms or any amendments thereof, you should cease using our Services immediately.

Usage Requirements and Restrictions


You must be at least 13 years old to access and use our Services. Users between the ages of 13 and 17 require explicit approval from a parent or guardian, who is encouraged to monitor their use. When registering for or using our Services, you represent and affirm that:
  1. You have the legal capacity to enter into binding agreements and are not barred under any applicable laws, including but not limited to those of Japan or other jurisdictions.
  2. You grant us a limited, non-exclusive, worldwide, perpetual, irrevocable, and transferable right and license to utilize, display, perform, copy, adapt, modify, and distribute your data and create derivative works thereof for the purpose of providing the Services to you and granting access to other users for the parts of your data that you have chosen to share.
  3. You possess all necessary rights, licenses, and authority to provide such data and grant us the licenses and permissions associated with your data.
  4. You will comply at all times with all applicable laws and any additional terms, conditions, or policies associated with any third-party services you choose to use with our Services.


Account and Data Management


You are responsible for all activities under your account and for managing your data. This includes ensuring you have the necessary authority if you are using the Services on behalf of an employer or another entity. We do not have any obligation to review your data or the terms and conditions associated with it.

You acknowledge that we collect and aggregate data concerning user behavior, interactions, and other metrics and that we may retain and utilize this information to improve and promote our Services, both during your active account period and after account termination or cancellation. This data is processed to ensure your anonymity and is not used to identify you personally.



Subscription Fees and Payment Terms


When you opt for a paid subscription to our Services ("Paid Subscription"), you agree to the automatic billing of all associated feesā€”such as subscription fees, taxes, and any other charges ā€”to your designated payment method, which you'll choose during the payment process. Detailed pricing information can be found on our Pricing page. The terms, conditions, and any limitations of your Paid Subscription are outlined in the selected Pricing Plan. Generally, fees displayed by us do not include taxes and regulatory fees unless otherwise stated. You are responsible for paying all applicable taxes and regulatory fees, which we will charge in accordance with applicable laws. These fees may change without prior notification.

Payments for your Paid Subscription must be made without any deductions or withholdings unless mandated by law. If such deductions are required, you will need to cover the additional amount to ensure that the net payment received by us matches the full payment due under the Pricing Plan. Upon request, we will provide the necessary tax forms to help reduce or eliminate withholding taxes.

If we are unable to process a payment through your chosen method, we reserve the right to undertake any necessary actions to recover the debt, and you will be responsible for any related costs, such as collection fees and legal expenses. We may also charge interest on overdue amounts at the lesser rate of 3.5% per month or the maximum permitted by law.



Cancellation Policy


You can cancel your Paid Subscription at any time via the terms outlined in your Pricing Plan. After cancellation, your subscription will remain active until the end of the current billing period, after which your account will convert to a free version, subject to the Terms. No refunds are provided for any payments made prior to cancellation, and you remain responsible for paying any outstanding amounts.



Term and Termination


The Terms remain valid and enforceable as long as you are registered, access, or use our Services. You may terminate your account and end your membership at any time and for any reason by contacting at support@veritus.ai. We also reserve the right to terminate your account and restrict your access to the Services at any time, for any reason, without prior notice.

Following the termination or deletion of your account, specific obligations outlined in the Terms shall remain in effect. You should be aware that terminating this agreement and closing your account may result in the deletion of your data and other information from our systems. Upon termination, we will retain your data for a limited period as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We are not responsible or liable for any consequences resulting from the termination of your account or the deletion of your data. However, if you have a Paid Subscription and we terminate your account or discontinue Services for reasons not due to your breach of the Terms, we will refund any prepaid fees for the Paid Subscription covering the period after termination or discontinuation. We reserve the right to amend the terms of this termination policy at any time. Such amendments will be effective upon posting of the revised Terms and Conditions on the Services.



Your Data and Privacy


You are solely responsible for the data you input into our Services. You affirm and warrant that:

  1. Your data and our use of the licensed rights granted in the Terms do not and will not:
    1. Infringe or misappropriate any third party's intellectual property or other rights;
    2. Violate any applicable laws, regulations, or rules;
    3. Breach any agreements or violate any terms or conditions applicable to your data.
  2. You have secured all necessary permissions from individuals identifiable in your data, ensuring compliance with data protection regulations.
  3. To the best of your knowledge and after thorough verification, your data is accurate, complete, and truthful in all respects.

You understand and agree that we may, at our discretion, review, edit, modify, or delete your data for any reason, including if we suspect it may violate the Terms or our policies. While you grant us a limited license to use your data to operate and improve our Services, you retain ownership and all other rights in your data. By using our Services, you consent to the collection, use, and sharing of your data in accordance with the Terms and our Privacy Policy.



Prohibited Uses


You are permitted to use the Services only in compliance with the Terms and applicable laws, including export and re-export control laws and regulations. Any use of the Services that is illegal, abusive, or inappropriate, which interferes with or negatively impacts others' ability to enjoy the Services or subjects us or other users to liability, is strictly prohibited.

Without limiting the generality of the above, you are prohibited from engaging in any of the following actions:
  1. Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from any part of the Services for any purpose;
  2. Transfer, sublicense, lease, lend, rent or otherwise redistribute the Services, your account, or your access to the Services to any third party;
  3. Send, upload, create, or distribute any content or information that is illegal, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable;
  4. Deliberately create or distribute malware, viruses, worms, Trojan horses, or any other harmful or deceptive items;
  5. Engage in or promote illegal activities, such as fraud, pyramid schemes, or unauthorized peer-to-peer file sharing;
  6. Create or share content that could harm minors;
  7. Misrepresentyour identity or the source of any data;
  8. Transmit proprietary information, data, or other intellectual property without valid consent or license from the owner;
  9. Use the Services to infringe upon the legal rights of others;
  10. Generate or facilitate spam (unsolicited commercial emails), including but not limited to:
    1. sending emails in violation of the Anti-Spam Law 2002 or any other applicable anti-spam legislation;
    2. distribute unsolicited emails to a large number of recipients with whom you have no prior relationship or who have requested not to receive such emails;
    3. disclose email addresses without the knowledge and consent of the individuals involved;
  11. Interfere with other users' ability to enjoy the Services.

If you engage in, or attempt to engage in, any of the prohibited actions listed above, or otherwise use the Services in a manner that violates the Terms or that we consider inappropriate, we reserve the right to suspend or terminate your account and your access to our Services.



Handling Copyright Infringements


We are committed to respecting the intellectual property rights of others. If you believe that material on our Services infringes on any copyright you possess or control, please contact us using the information below. We will review and take the necessary actions at our discretion, which may include removing or restricting access to the offending material from the Services. Be aware that submitting false claims in a copyright infringement notice can result in liability for damages, legal costs, and attorney's fees incurred by us in responding to your notice and allegation.



Interactions with Third-Party Services


Our Services may include links to external websites or applications and may also allow you to connect to Third-Party Services. We do not have control over the content, accuracy, or opinions expressed in these Third-Party Services and do not monitor or verify their accuracy or completeness. The inclusion of any Third-Party Service links on our platform does not signify our endorsement or approval. We are not responsible for any privacy practices, business operations, or any materials, products, or services available through these Third-Party Services. If you choose to access or use any Third-Party Service, you do so at your own risk and may be subject to their terms and conditions (ā€œThird-Party Termsā€). We reserve the right to remove any link to a Third-Party Service at any time.



Our Intellectual Property Rights and Use of Feedback


The Services, excluding your data, along with all content, features, and functionality (such as information, software, text, data, displays, images, video, audio, and the design and arrangement thereof), are solely owned by us and are protected under copyright, trademark, and other intellectual property laws of Japan and other countries. Using the Services does not grant you any ownership rights in any intellectual property within the Services. Apart from the limited rights granted to you to use the Services as specified in the Terms, we retain all rights, titles, and interests, including all intellectual property rights associated with the Services. You may not remove any copyright, trademark, patent, or other proprietary notices included within the Services.


You are welcome to submit feedback, questions, comments, suggestions, ideas, or other information about us or our Services (collectively referred to as ā€œFeedbackā€). Any Feedback you provide is considered non-confidential. By submitting Feedback, you grant us a royalty-free, worldwide, perpetual license to use or incorporate such Feedback into our products and services.



Changes to the Service


We may, at our discretion, alter the Services at any time, with or without prior notice, by adding, removing, or modifying features or elements. These changes may impact your experience with the Services. If you are dissatisfied with any changes, you may choose to discontinue your use of the Services and terminate your account. We do not guarantee that the Services will always be available, and various actions (such as maintenance or discontinuation of certain features) may affect your access. We are not liable for any consequences arising from these actions or consequences.



Indemnity


You agree to indemnify and hold us, our subsidiaries, affiliates, officers, employees, agents, and partners harmless from any losses, expenses, liabilities, and legal costs arising from any claim or demand made by a third party. Such claims may result from your data, your access to or use of the Services, your breach of the Terms or any Third-Party Terms, laws or third-party rights. We reserve the right to assume the exclusive defense and control of any matter that you are required to indemnify us for, at your expense, and you agree to cooperate with our defense efforts. You agree not to settle any claims without our prior written consent. We will make reasonable efforts to inform you of any such claims, actions, or proceedings as soon as we become aware of them.



Disclaimers


THE SERVICES AND ALL ASSOCIATED CONTENT, FEATURES, OR MATERIALS ARE PROVIDED ON AN ā€œAS-ISā€ AND ā€œAS AVAILABLEā€ BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE AVAILABILITY OF THE SERVICES NOR ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES.


WE ARE NOT LIABLE FOR ANY OF YOUR DATA OR ANY OTHER USER'S DATA, INCLUDING DATA THAT VIOLATES THE TERMS OR THAT IS INCORRECT, INCOMPLETE, INACCURATE, OR OFFENSIVE, REGARDLESS OF WHETHER IT IS CAUSED BY USERS OF THE SERVICES, MEMBERS, OR BY ANY OF THE SOFTWARE OR INFRASTRUCTURE ASSOCIATED WITH OR USED TO PROVIDE THE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY'S SERVICES OR PERFORMANCE, INCLUDING THOSE PROVIDING SERVICES, DATA, OR INFRASTRUCTURE FOR OUR SERVICES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF THE SERVICES, CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO OTHER USERS, OR INTERACTIONS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THESE DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.


WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF THE SERVICES, CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO OTHER USERS, OR INTERACTIONS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.


THESE DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.



Limitations of Liability


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, REGARDLESS OF THEIR NATURE, WILL AT ALL TIMES NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR A SUBSCRIPTION DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.


THESE LIMITATIONS REMAIN IN EFFECT EVEN IF A REMEDY OUTLINED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.



Time Limit for Claims


Notwithstanding any contrary statute or law, any claim or legal action related to your use of our Services or arising under the Terms must be initiated within one (1) year from the date the claim or cause of action arose. Failure to file within this timeframe will result in a permanent bar on such claims. This time limitation constitutes a separate, legally binding agreement between you and us.



Governing Law and Court Jurisdiction


The Terms, along with any actions related to them, will be governed by the laws of the Government of Japan and the Hyogo Prefectural Government. Except as explicitly stated in the ā€œDispute Resolutionā€ section below, any legal disputes ("Disputes") that are not subject to arbitration will be exclusively resolved in the Kobe District Court, Japan. By agreeing to the Terms, you waive any objections to personal jurisdiction or the venue of these courts, including claims of forum non conveniens.



Resolving Disputes


Mandatory Arbitration

If you are located in Japan, both you and we agree that any disputes, claims, or controversies arising out of or relating to the Termsā€”including their breach, termination, enforcement, interpretation, or validityā€”or your use of the Services (collectively, ā€œDisputesā€) will be resolved solely through binding, individual arbitration. This means no class, representative, or consolidated actions or proceedings. We both agree that the Japanese Arbitration Act will govern the interpretation and enforcement of the Terms and that we both waive the right to a jury trial or to participate in a class action. This arbitration provision will survive termination of the Terms.


Exceptions to Arbitration

There are a few exceptions to mandatory arbitration:
  1. We both have the option to resolve a Dispute in small claims court if it meets the requirements.
  2. We each retain the right to seek injunctive or equitable relief in court to prevent infringement or misappropriation of intellectual property rights.

Informal Dispute Resolution

Before taking any formal legal action, we ask that you first attempt to resolve any disputes informally by contacting us. You can do this by sending an email to support@veritus.ai with the subject line "DISPUTE RESOLUTION NOTICE", including your name, a description of the issue, and the desired resolution. If we cannot resolve the dispute within 60 days, you may then proceed with formal legal action. The statute of limitations for any claims will be paused during this 60-day period.


Arbitration Process and Rules

Arbitration will be conducted by the Japan Commercial Arbitration Association (JCAA) in accordance with its Arbitration Rules in effect at the time, unless otherwise specified in the Terms. You can find the Commercial Arbitration Rules at https://www.jcaa.or.jp. To initiate arbitration, a party must submit a written Demand for Arbitration to JCAA and notify the other party as outlined in the Arbitration Rules.


Location and Costs of Arbitration

Arbitration may be conducted by telephone, through written submissions, via video conference, or in person in Kobe, Japan, or at another mutually agreed location. The arbitration fees will be split equally between the parties. However, if the arbitrator determines that you are unable to afford the arbitration fees and cannot secure a waiver, we will cover these costs for you. We will not seek attorney's fees and costs in arbitration unless the arbitrator finds your claim to be frivolous. The arbitrator will have the exclusive authority to decide all matters related to the interpretation, applicability, enforceability, and scope of this arbitration agreement. Neither party will disclose any settlement offer to the arbitrator until after the final award is determined.


Injunctive and Declaratory Relief

Except as outlined in the Exceptions to Arbitration section, the arbitrator will decide all liability issues on the merits of any claim and may only award declaratory or injunctive relief to the individual party seeking it, and only to the extent necessary to provide relief necessitated by that party's individual claim.


Class Action Waiver

Both you and we agree that the arbitration shall be conducted in your individual capacities only, not as a plaintiff or class member in any purported class or representative proceeding. If arbitration is pursued, the arbitrator cannot consolidate or join your claims with others and may not otherwise preside over any form of class or representative proceeding. If this waiver is found to be void or unenforceable, the entire Dispute Resolution section shall be null and void.


Severability

If any part of the Terms is deemed invalid or unenforceable by an arbitrator or court of competent jurisdiction, the remaining portions will remain in effect, except for any provisions related to the Class Action Waiver above.



Miscellaneous


The Terms represent the entire agreement between you and us concerning your use of the Services, replacing any prior agreements related to your use of the Services. Our failure to exercise or enforce any right or provision in the Terms does not waive that right or provision. We reserve the right to assign our rights or delegate our obligations under the Terms to any third party without notice or consent.


By using the Services or creating an account, you agree to receive communications from us via email or other electronic means, acknowledging that these communications are sufficient. In this agreement, words importing the singular number only include the plural and vice versa, words importing any gender include all genders, and words importing persons include individuals and corporate entities. Section headings are provided for convenience only and do not affect the interpretation of the Terms. In this document, ā€œshallā€ and ā€œwillā€ are to be interpreted as imperative and mandatory, and not permissive. When the Terms use ā€œincludingā€ or ā€œincludeā€ in reference to a single item or a list, it is meant to be illustrative and not a limitation on the items within that category, even if not followed by the phrase ā€œbut not limited toā€ or words of similar effect.