Limitless Terms of Service

To start your Limitless subscription, please agree to Limitless Terms of Service on Atmoph Window Yo.

Atmoph (hereinafter referred to as the “Company”) will provide the agreed upon service to the user (hereinafter referred to as the “Client”) who subscribed to Limitless (hereinafter referred to as the “service”) based on the Limitless Terms of Service (hereinafter referred to as the “agreement”) and agreed to the terms of this agreement established for the service.

This agreement applies alongside the “End-User License Agreement” (provided that, in the event of a contradiction or inconsistency between the End-User License Agreement and this agreement, this agreement takes priority). The End-User License Agreement forms a part of the overall agreement. The Client, upon registration for the service, agrees to the terms of this agreement. Furthermore, the Client, upon use of the service, once having read the entirety of the text of the agreement, must agree to the terms of this agreement.

Summary of the Service

This service consists of the playback of images of scenery (hereinafter referred to as “Views”) on the Atmoph Window 2 or Atmoph Window Yo (hereinafter referred to as “the device”) while connected to the Internet, as well as any related services. The content provided will be limited in scope to that which is actually provided by the Company (the actual content of the service provided by the company differs based on the Client’s choice of plan). Further, when using the service, the device can be warrantied in part for cost of repair (based on criteria as determined by the Company separately).
Terms of Use
1. Upon registration for the service, it is necessary to create an Atmoph Account by providing the information (including an email address) based on the terms set forth by the Company separately.
2. Using this service requires the device be connected to the Internet.
Subscription to the Service
1. The service can only be subscribed to via the device. The user must sign in to their own Atmoph account on the device to subscribe to the service (in the event the user wishes to use this service on multiple devices, it is necessary to sign in to all devices, and further, the number of devices that can be registered for the service will be determined by the Company separately from this agreement and can be changed at the discretion of the Company). With regards to the Application for Use, the Client is requested to select the desired service (the plans from which the Client can select are limited, and depend on the number of devices on which the Client wishes to use the service). The Company, at the time of application to the service, will request information as determined by the Company outside of that connected to the Atmoph account (including name, address, telephone number, credit card information, alongside information relating to the Atmoph account, referred to as “Registration Details”)
2. Per the terms laid out by the Company, the Company will determine whether or not to accept the application from the person requesting use of the service (hereinafter referred to as “the applicant”) based on the preceding clause, and upon approval of the application by the Company, the applicant will be notified accordingly. When the furnishing of the notification by the Company as outlined in this paragraph occurs, the registration of the Client’s application shall be determined to be complete.
3. At the time of completion of registration as outlined by the preceding clause, a agreement of use (hereinafter referred to as the “Service Use Agreement”) relating to the service as contracted by this agreement between the Client and the Company will come into effect, and the Client will be able to use the service in accordance with this agreement.
4. The Company may refuse registration or re-registration and is under no obligation to to disclose the reason for the refusal if the Company determines that the applicant or the application falls under or is likely to fall under any of the following circumstances:
5. (i) If some or all of the Registration Details provided to the Company were false, erroneous, or omitted;
  
  (ii) If the applicant is a minor under the age of majority, an adult under the care of a guardian, the subject of a conservatorship or curatorship, or the subject of a limited guardianship; and has failed to acquire the agreement or consent of a legal representative, legal guardian, conservator, curator or limited guardian;
  
  (iii) If the applicant is associated with criminal groups and individuals (meaning criminal syndicates or members of such a group, right-wing organizations, organized crime, or other such groups or individuals, with the same applying below), or if funding the maintenance of the aforementioned criminal groups or individuals, or if managing or otherwise conducting business in cooperation with the aforementioned criminal groups or individuals, or in any way interacting with or participating in activities related to or performed by the aforementioned criminal groups and individuals;
  
  (iv) If the applicant has breached or is party to a breach of the terms of a past contract with the Company;
  
  (v) If steps have been taken to cancel the registration of the Client based on the terms of this agreement;
  
  (vi) Or; if there are any other circumstances for which the Company determines registration to be inappropriate.
Account Management
1. The Client is responsible for the management and storage of the information related to the Atmoph account (including the associated email address and user ID, with the same applying below). Third party use, loaning, transfer, change of name, and buying or selling of the account is prohibited.
2. The Client shall be held liable for damages incurred as a result of the inadequate management of account information, misuse, or the use by any third parties.
Automatic Renewal
1. The period of use of the service selected by the Client shall be that specified by the Company.
2. The Client may cancel this service at the end of the usage period by completion of the unsubscription procedure as specified by the company. When the usage period ends, Clients who do not undertake the unsubscription procedure will have their usage period automatically renewed for an identical term based on the terms for the use period as outlined in the previous clause. After the start of the period of use that has been renewed, the fee will be charged to the credit card registered to the account. However, in the event that this payment cannot be completed with the credit card registered to the account, the service cannot be used by the Client until the charge has been completed.
3. This service can only be withdrawn from by using the unsubscription procedure on the device. After the unsubscription procedure has been completed, the service can still be used until the end of the use period.
Request of Payment
1. The monthly fee for the service shall be in accordance with the fee schedule as determined separately by the Company.
2. The monthly fee for the service cannot be refunded. In the event that the Client unsubscribes from the service in the middle of the period of use, or that use of the service is terminated during the period of use (regardless of the reason for the termination) or the service was not actually used, no refund will be furnished.
3. If the payment cannot be completed with the credit card registered by the Client due to the card’s expiration, a lack of funds or other reasons, the Client’s access to the service will be suspended until the Company can confirm that a valid payment for the usage fee has been completed by the Client.
4. The Client may change the registered credit card via their Atmoph account (however, the payment may still be charged to the previous credit card depending on the time of change). The Client authorizes the Company to continue to charge the payment method after the change has been made.
5. If the plan to which the Client is subscribed is changed during the period of use, the usage fee will be calculated pro rata on the basis of the previous plan and current plan and the Client will be charged or refunded the balance accordingly.
6. The charge for the monthly fee will be determined based on the country from which the credit card is issued. In the case of those credit cards issued in Japan, the charge will be made in Japanese Yen. In the case of all other countries, the charge will be made in US Dollars.
Notice

With regards to notice given to the Client by the Company, the Client will be notified via electronic mail (email) at the most recent electronic mail (email) address provided, via the device itself, or other methods as determined separately by the company. The Client shall provide accurate, up-to-date, and complete contact information as part of the Registration Details for the purposes of notification and communication from the Company. If any changes or other alterations are made to the Registration Details, the Company must be notified immediately.
Use of and Limitations on Views
1. The use of this service by the Client is restricted solely to personal, non-commercial use by the Client.
2. Views that are played via this service are limited to the content which the Company actually provides. The Company reserves the right to change the type and content of the Views at the Company’s discretion; that is to say, the Company does not guarantee that any particular View will be playable in perpetuity.
3. Depending on the Client’s location, Internet connection, Internet bandwidth usage limits, or Internet connection speed, among other reasons, there may be disruptions or hindrances to the use of the service. The Client is responsible for all Internet access fees. The Client is requested to verify any fees that may be charged for Internet data usage with the Internet Service Provider. The time needed to play the views will vary depending on a number of factors, including the Client’s location, the amount of bandwidth that can be used at a given time, and the choice of View, among others.
4. The intended use of this service is limited to playing Views on the device in a legitimate manner or to access files stored on the distribution server managed by the Company.
5. The Client agrees to use the service (including any related features) in accordance with all applicable laws, rules and regulations and any other limitations placed on the use of the service or its contents. Furthermore, the Client agrees not to undertake any of the actions outlined in sections (i)-(vii) below. If the Client is in breach of this agreement, or uses this service illegally, unfairly or unjustly, the Company may terminate or restrict the use of the service by the Client.
  
  (i) The Client may not archive, reproduce, distribute, alter, exhibit, present, publish, approve for use, create derivative works from, offer for sale or use the contents or the information contained in or obtained through this service.
  
  (ii) The Client may not avoid the use of, remove, change, invalidate, degrade, block, hide or obstruct protections and other such elements (the graphical user interface (GUI), copyright notice, trademark, etc.).
  
  (iii) The Client may not use robots, bots, scrapers or other automatic means of accessing this service.
  
  (iv) The Client may not decompile the process of, reverse engineer or disassemble the software or other components used to access this Service.
  
  (v) The Client may not insert code or other devices into the contents of the services or use said code or devices in any way, shape or form.
  
  (vi) The Client may not data mine, collect data or extract data in any way, shape or form.
  
  (vii) The Client may not upload, post, send via email, or otherwise send or transmit any material (software or other computer code, file or program, etc.) created for the purposes of isolating, destroying or restricting any computer software or hardware, or the function of any telecommunications equipment.
Ownership of Rights

The intellectual property (IP) rights for the Company’s website and this service are wholly belonging to the Company or those parties to which the Company consents to license them. The consent to use this service based on this agreement does not imply any license to use any intellectual property (IP) rights of the Company or its licensees related to the Company’s website or this service.
Cancellation of Registration and Related Terms
1. The Company may temporarily suspend or the use of the service or cancel the Client’s registration without prior notice or warning if any of the following circumstances apply.
  
  (i) If there is a violation of any of the terms of this agreement (including circumstances in which the full usage fee as determined by the company is not paid);
  
  (ii) If the Registration Details are found to have been falsified;
  
  (iii) If payment is suspended or is not possible; or bankruptcy proceedings, civil rehabilitation, corporate rehabilitation, special liquidation, or similar such procedures have been declared to be initiated;
  
  (iv) If the service has not been used for six or more months;
  
  (v) If an inquiry or some other form of reply has been requested by the company and not replied to in 30 or more days;
  
  (vi) If it corresponds to the terms laid out in Section 3 Subsection 4;
  
  (vii) or; in any other case in which the Company reasonably determines that it would no longer be appropriate for the Client to continue to use the service or for the Client to continue to be registered.
2. If any of the circumstances outlined in any of the preceding clauses apply, all debts and obligations will become due and payable and the Client will be obligated to immediately pay all debts to the Company.
Suspension of Service

The Company may suspend or interrupt the provision of all or part of the service without prior notification to the Client for any of the reasons outlined in (i)-(v) below. The Company bears no responsibility for any damage that may be incurred by the Client as a result of such suspension or interruption of service.

(i) Sudden inspection or maintenance tasks undertaken on the computer systems related to the service;

(ii) Damage to, improper operation of, excessive usage traffic on, unauthorized access to, or hacking of computers or communication lines or other such acts against the operation of the service;

(iii) Maintenance of any facilities, equipment or other such devices used in the provision of this service, the suspension of use of said facilities or equipment due to renovation, update construction or the like; or the suspension of service due to the suspension or termination of contractors contracted to manage this service;

(iv) Earthquakes, lightning, fire, storm and flood damage, or other such natural disasters or force majeure that causes the management of the service to no longer be possible;

(v) or, other circumstances as reasonably judged by the Company to require the suspension or termination of the service.
Repair Warranty

The Repair Warranty for a device owned by the Client (and only such device owned by the client) will be valid during the period of use of the service in addition to the standard one (1) year warranty based on the conditions outlined below. If the Client makes a claim for repair of the device pursuant to the Repair Warranty, the Client agrees to cooperate with the Company’s investigation into the Repair Warranty claim made to determine if the following conditions have been met:
- The device has been used in accordance with the included Instruction Manual packaged with the device; the warranty will only cover partial or total damage to the device if used in accordance with the instructions provided;
- The warranty is limited to the device itself, and does not include the frame or optional modules;
- The warranty covers one (1) device for repairs up to JPY¥15,000 (including consumption tax) up to once per month;
- And, the warranty only applies to damage or malfunction occurring during the period of use of the service.
Further:
- The number of devices included under this warranty will vary depending on the plan to which the Client is subscribed;
- And, if repairs or the like are undertaken and shipping fees are charged, those fees are the responsibility of the Client.
Rejection or Exemptions from the Warranty
1. The company makes no guarantee and provides no explicit statement or implication that this service will comply with any specific objectives, functions, commercial value, accuracy or utility that may be expected by the Client, that the Client’s use of the service will comply with any laws, regulations, internal laws or the like of any industry body, that the Client will not infringe upon third party intellectual property (IP) rights, life or likeness rights, privacy rights, reputation or other such rights and interests, that the Client will be able to use this service continuously, or that no flaws or defects will occur.
2. Except for cases in which the Company is found to be guilty of willful misconduct or gross negligence, the Company shall not be liable for any damage to the Client as a result of the service in excess of the amount of compensation paid to the Client within the past year.
3. Any transaction, communication, dispute or the like that arises between you and other Clients or a third party connected to the service or the Company’s website is the responsibility of the Client and is to be resolved as such.
Changes to Fees or the Content of the Service
1. The Company, at their convenience, may change the fees or the content of the service, or discontinue the service. Further, in the event this service is discontinued, this agreement will be terminated within the appropriate time frame.
2. In the event of the above, the Company shall notify the Client prior to the discontinuation. If the Client does not consent to the change in fees or the content of the service, the Client will be required to begin unsubscription procedures prior to the change.
Changes to this Agreement
1. If the Company deems that it is necessary, the Company may make changes to the agreement.
2. In the event the Company makes the above-stated changes, the Company shall notify the Client as to the effective date and the content of the agreement after the change via a post on the Company’s website or other commonly-used, appropriate methods.
3. If the changes to the agreement require the consent of the Client by law, the Company shall obtain the consent of the Client in a manner determined by the Company.
4. In the event the Client renews the period of use as outlined in Section 5, this is considered tantamount to consent to the terms of the previous paragraph.
Prohibited Items

When the Client is using this service, the following acts or related acts will not be allowed as reasonably determined by the Company:

(i) Making false claims, reports or falsely registering for the service during the application for use, an application for warranty services or otherwise using the service;

(ii) Impersonating another person in order to use the service or engaging in other dishonest acts such as interfering with other users’ use of the service;

(iii) Using or making an application to use this service for the purpose of commercial use;

(iv) Using the service for the purpose of criminal acts or in a way connected to a crime, or in a way that could result in a criminal act;

(v) Using the service to commit any act not previously outlined that is in violation of the law, public policy, this agreement or the rules of this service, or in a way that could result in such a violation;

(vi) Any other acts that the Company deems are improper.
Privacy and Handling of Personal Information

The Client agrees to the Company’s Privacy Policy, which outlines how the Company handles information (including Registration Details), when using the service.
Transferal of Status under the Agreement

The Client may not assign, transfer, pledge as a security or otherwise dispose of the Client’s status under this agreement or the rights and obligations under this agreement without prior written consent of the Company.
Separability

Even if part or whole of the terms of this agreement are determined to be invalid or unenforceable according to the Consumer Contract Act, the remaining stipulations or parts of the sections determined to be invalid or unenforceable will continue to be in full force and effect.
Applicable Laws and Jurisdiction
1. The applicable laws of this agreement and service are Japanese law.
2. Translations into various languages may be provided for this agreement, but the Japanese language agreement will take priority.
3. The Kyoto District Court will be the court of first instance with exclusive jurisdiction over any disputes arising from or relating to this agreement or its terms.

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