Terms of Use

1. Article 1 (Application)

These Terms set forth the terms of use for the cloud-based software service "DBF Hikari" (hereinafter the "Service") provided by Digital Blue Foam (hereinafter the "Company"). By using the Service, Users are deemed to have agreed to these Terms. Please also refer to DBF's Terms and Conditions (https://www.digitalbluefoam.com/terms-and-conditions) and Legal Information (https://www.digitalbluefoam.com/legal-information).
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2. Article 2 (Definitions)

In these Terms, "User" refers to an individual or corporation that registers for the Service.
"Project Data" refers to all drawings, models, specification details, comments, etc. uploaded or generated on the Service.

3. Article 3 (License)

‍The Company grants Users a non-exclusive, non-transferable right to use the Service. Users shall use the Service in accordance with applicable laws and regulations and these Terms.

4. Article 4 (Account Management)
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Users must properly manage their account information (ID, password, etc.) and are prohibited from disclosing or lending it to third parties. If there is any unauthorized use of their account, please notify us immediately.

5. Article 5 (Handling of Project Data)

‍Ownership: In principle, copyright and other rights to project data posted by users to the Service belong to the user. However, we reserve the right to reproduce, display, and transmit such data to the extent necessary to provide the Service.

License: Users grant us and third parties designated by us permission to use such data for the provision, maintenance, and analysis of the Service (including use as anonymized data).

Confidentiality: If project data contains confidential information, users are recommended to enter into a separate confidentiality agreement.

6. Article 6 (External Integration/Third Parties)

‍The Service may integrate with external cloud storage, analysis tools, third-party APIs, etc. The handling of data resulting from such integration is subject to the terms and conditions of each third party. Users should confirm these terms and conditions before integrating with others.

7. Article 7 (Prohibited Acts)

‍Violation of laws and regulations, acts contrary to public order and morals, infringement of the rights of others, decompilation, unauthorized access, etc. are prohibited. In the event of a violation, we may take measures such as suspending use or terminating the contract.

8. Article 8 (Service Fees and Payment)

‍Service fees and payment methods are set forth in a separate fee schedule.

9. Article 9 (Disclaimer of Warranties and Indemnification)

‍We do not guarantee that the Service will be suitable for a particular purpose or that it will be provided continuously and without interruption. We clearly state our disclaimer of liability for malfunctions, data loss, etc. (excluding intentional misconduct or gross negligence).

10. Article 10 (Compensation for Damages)

‍If damage is incurred by us due to a user's violation of these Terms of Use, the user shall be liable to us for damages. For paid contracts, the total amount is generally limited to the most recent 12-month service fees paid under the contract.

11. Article 11 (Contract Term, Renewal, and Termination)

‍The contract term for this Service begins on the date the user signs up for a paid plan and is the contract period selected at the time of application (e.g., one month, one year, etc.).
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Termination during the contract period is permitted, but pro rata refunds of usage fees for that period will not be made (unless otherwise required by law).
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Unless the user requests cancellation by the day before the contract expiration date, the contract will automatically renew under the same terms.
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The usage fee after automatic renewal will be in accordance with the latest fee schedule established by our company at the time of renewal.
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If the fee schedule changes, our company will notify the user in advance with a reasonable amount of time.

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12. Article 12 (Suspension or Termination of Service by our Company)

‍We may suspend or terminate the provision of all or part of the service with prior notice to the user in any of the following cases:
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(1) When performing system maintenance, inspections, or updates.
(2) When service provision is difficult due to force majeure (disaster, power outage, communication failure, etc.).
(3) When the service is terminated for our own reasons.
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If the service is terminated pursuant to paragraph (3) above, our company will notify the user at least 30 days in advance.
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If a user has already paid for the unused portion of the service period upon termination of the service, the user will receive a pro rata refund based on the length of the service period (unless otherwise specified in separate refund terms).

After the service ends, the user must download or back up any necessary data within 30 days of the termination date. Data may be deleted after this period has elapsed.

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13. Article 13 (Governing Law and Jurisdiction)

‍In the event of a dispute, the parties shall promptly engage in good faith negotiations and seek to resolve the dispute amicably to the extent possible. These Terms of Use shall be governed by the laws of Singapore, and the court with jurisdiction over our head office shall be the exclusive court of first instance.