Ophthalmic Findings AI Reference
Terms of Use
Article 1 Regarding the Service
The timing of implementation of the Service shall be determined by the judgment of the Company.
(1) Uploading by User of image data of fundus image of infected animal
User uploads to the website designated by the Company (hereinafter called the “Website”) the image data of the fundus image of infected animal (hereinafter called the “Image Data”) as well as the name, type, sex and other relevant information of the infected animal (together with the Image Data, hereinafter called the “Infected Animal Information”).
(2) Analysis of the Image Data and collation of ophthalmological findings images
The Image Data uploaded by User is analyzed by using AI and is collated with the accumulated ophthalmological findings images.
(3) Presentation of the name of ophthalmological finding and its explanation of the image that has many points of similarity with the Image Data
Upon collation of the Image Data with ophthalmological finding images, we present the name of the ophthalmological finding that has many points of similarity with the Image Data, and provide, by citation and within the legally permissive scope, the information listed on written materials that describe the said ophthalmological findings, collection of cases, and other objective information regarding the said ophthalmological finding.
(4) Accumulation of usage history of the Service
For the services described from items (1) to (3) of the above, we preserve the usage history of the dates and survey results for a certain period of time, during which time we keep it so that User can review, except in the case set forth in clause 5 of Article 12.
(5) Retrieval system for collection of cases of eye disease of animals
In reference to eye diseases of animals, when User enters a word relating to disease name, the condition and other eye diseases in the page of the Website, we provide, within the legally permissive scope, the information listed on written materials that describe objective information regarding the cases of eye disease, opinions on symptoms, collection of cases and other eye disease relating to the word.
Article 2 Registration, etc.
1. Veterinarians, Paraveterinary Workers or corporations that provide Veterinary services who wish to use the Service (hereinafter called “Registration Seeker(s)”) may apply to the Company for registration to use the Service by agreeing to comply with this TOS, and by providing the Company the specific information prescribed by the Company (hereinafter called the “Registration Items”) in a way as prescribed by the Company. However, when a Registration Seeker wishes to use the Service at more than two facilities such as branch hospitals, each facility needs to register separately and each facility is considered a Registration Seeker or a User.
2. The Company shall determine, pursuant to its standard, whether or not to accept a registration of a Registration Seeker who applied for registration pursuant to the preceding clause (hereinafter called “Registration Applicant”), and when it decides to approve registration, it shall so notify the Registration Applicant. Registration of a Registration Applicant as a User shall be deemed completed when the Company sends notification of this clause.
3. At the time of completion of registration set forth in the preceding clause, a contract for usage of the Service (hereinafter called “Service Usage Contract”) shall be formed between the Company and the Registration Applicant, and the Registration Applicant may begin to use the Service as a User in accordance with this TOS.
4. The Company may reject registration and re-registration in the event a Registration Applicant falls under any one of the following situations, and shall have no obligation to disclose the reason therefor.
(1) when there is a falsification, misentry or omission in all or part of Registration Items that were submitted to the Company;
(2) when the applicant is a gang, a gang member, someone who has left gang membership less than 5 years ago, an associate member of a gang, someone related to a gang, a corporate racketeer and other anti-social force (hereinafter collectively called “Anti-social Force”), or when the Company determines that it has some association or involvement with Anti-social Force such as cooperation or involvement in maintenance, operation or management of the Anti-social Force through provision of funds and others;
(3) someone who violated a contract with the Company in the past or the Company determines that it is a related party thereto;
(4) when it has been subjected to the measures described in clause 2 of Article 9;
(5) someone who violates the Veterinary License Act or the Veterinary Practice Act, or when it is judged to be likely to violate it;
(6) someone who violates the law relating to assurance, etc. of quality, effectiveness and safety of medical and pharmaceutical products, medical equipment, etc. (hereinafter called “Laws of Medicine and Equipment”) or when it is judged to be likely to violate it;
(7) other situations where the Company determines that it is not appropriate to approve registration.
5. Personal information obtained in the Registration Items or in connection with a change of Registration Items of User set forth in the next Article may be used for the purposes described in each of the following items.
Incidentally, there may be a time when the Company keeps Cookie to use for the purpose referenced in item (2) to store and use User information.
(1) Acceptance and change of User registration for the Service
(2) For the distribution and display of advertisement and measurement of effectiveness
(3) To respond to the information regarding the Service and inquiries, etc.
(4) To respond to the act in violation of a change of this TOS and policy, etc.
(5) To notify a change of this TOS and policy, etc.
(6) To respond to the information regarding the products and services of the Company and inquiries, etc.
Article 3 Change of Registration Items
When there is any change in the Registration Items, Users must notify the Company of the said changed items without delay by a method designated by the Company.
Article 4 ID and Password
1. When using the Service, User shall use the email address and password of the Registration Items as the ID and the password respectively.
2. User shall be responsible for the use and control of the ID and password, and shall not allow third party to use or transfer to third party the ID and password assigned to himself/herself.
Article 5 Use Period, Fee, Payment Method, etc.
1. The use period of the Service and its change shall follow the method that the Company separately determines and specifies in the application form or to be publicized.
2. The Company can fix the usage fee for use of the Service.
3. The usage fee of the preceding clause, the time the fee is incurred, and the payment method shall follow the method that the Company separately determines and specifies in the application form or to be publicized.
Article 6 Responsibility of User
1. User shall agree with this TOS and use the Service at his/her own responsibility, and shall bear all responsibilities pertaining to the use of the Service.
2. User understands that the Service is to provide, from Image Data, information of the name of the ophthalmological finding that has many points of similarity with the Image Data, and that the Service is not to pass a judgment or identify the eye disease of infected animal or otherwise to make a diagnosis. In the event a dispute, etc. should arise out of the Service between User and caretaker of the infected animal or other third parties, User shall deal with it at his/her own responsibility, and shall indemnify the Company against any loss and annoyance whatsoever.
Article 7 Copyright, etc.
1. The rights based on trademark, patent, copyright, business secret, know-how and all other intellectual property rights of the contents included in the Website (such as sentences, diagrams, images, photographs, videos, voices and programs) (hereinafter called “Intellectual Property Rights, etc.”) shall belong to the Company or the right holders of the Intellectual Property Rights, etc. In using the Website, User may not carry out duplication, revision, adaptation, etc. of the Intellectual Property Rights, etc., expressly or impliedly.
2. User agrees that all the rights such as copyright, etc. of the Image Data, after it is uploaded, are transferred to the Company (The right provided under Article s 27 and 28 of the Copyright Act is also transferred to the Company.)
3. With respect to the Image Data that User uploaded, the User may not make any demand or execution of any right (including moral rights of author) against the Company and the parties designated by the Company.
Article 8 Trademark
The rights regarding the trademark and logo mark, etc. carried on the Website belong to the Company or each right holder, and are protected by Trademark Act, Unfair Competition Prevention Ac, etc. If User wishes to use the above-mentioned rights, he/she needs to contact the Company in advance, and use it only upon obtaining an approval of the Company in writing.
Article 9 Prohibited Matters, etc.
1. In using the Service, User may not do an act that corresponds to, or the Company determines to correspond to, any of the following items.
(1) the act of using the Service for any purpose other than that described in clause 1 of Article 1.
(2) the act of providing false or inaccurate information
(3) the act of defaming, slandering, threatening other person or organization, or the act that is likely to do so.
(4) the act of infringing on other’s rights including copyright, trademark and other intellectual property rights, or the act that is likely to do so.
(5) the act of using the information obtained through the Service beyond the scope of private use, regardless of whether it is by duplication, sale, publication or other means, or divulging or providing it to third parties.
(6) the act of demanding money, etc. from the Company or third parties or giving detriment or losses by using the information obtained through the Service.
(7) the act of interfering with the smooth operation of the Service, or the act of injuring the credit or reputation of the Company and ordering parties, or the act that is likely to effectuate the same.
(8) the criminal act, or the act that is contrary to public order and morality, such as the act of violating laws, etc., or the act that is likely to effectuate the same.
(9) the act of belonging to organizations relating to Anti-social Force, etc., the act of having an inadequate relationship with Anti-social Force, such as providing benefit to it or utilizing it, or the act that is likely to effectuate the same.
(10) the act of violating, or likely to violate, the Veterinary License Act or the Veterinary Practice Act.
(11) the act of violating, or likely to violate, the Laws of Medicine and Equipment.
(12) the act that is equivalent to the acts mentioned in each of the preceding items.
2. In the event that an act of User violates this TOS or laws, etc., or falls under any of the prohibited acts in the preceding clause, or when the Company otherwise deems necessary, the Company may suspend all or part of the Service, or expunge the User’s registration for the Service, or cancel the Service Usage Contract or take any other measures that are necessary.
3. Users may not object to the measures the Company takes pursuant to the preceding clause.
4. In the event that the Company becomes unable to perform the Service or the performance becomes incomplete due to the measures taken under the clause 2 above, the Company shall be released from all responsibilities for the said lack of performance or incomplete performance.
Article 10 Suspension, termination, etc. of the Service
1. In the situation that falls, or the Company deems likely to fall, under any of the following items, the Company may suspend provision of the Service. When the provision of the Service is suspended, the Company will not be held responsible for compensation of damages suffered by User.
(1) when it is necessary to maintain, inspect, and repair the electric communication equipment of the Company, such as server and software, or update data.
(2) when there are unavoidable circumstances, such as equipment failure
(3) when a natural disaster and other emergencies arise or are likely to arise and it is necessary to give priority to communication that requires prompt action for the public benefit, based on the provision of Article 8 of the Telecommunications Business Act.
(4) when telecommunications carrier stops the telecommunication services.
(5) when an act of User causes or is likely to cause, disruption to the telecommunications equipment of the Company, and as a result, the company determines that it will cause hindrance to the business operation of the Company.
2. When the Company determines that a matter that falls under any of the following items has arisen with a User, the Company may terminate provision of the Service to the User without giving any notice.
(1) when the Company determines that the User violated provisions set forth in this TOS.
(2) when the Company determines that it cannot maintain a relationship of trust between the Company and the User.
(3) When the User is subjected to a disposition of seizure, provisional seizure, provisional disposition, coercive tax collection, etc. or it files for or receives filing of bankruptcy or civil rehabilitation.
(4) when the User’s bill or check is dishonored, or the User otherwise becomes insolvent.
(5) when it is otherwise unlikely that the User can execute matters set forth in this TOS.
3. Other than the situations described in each of the above clauses, the Company may suspend or terminate provision of the Service any time when the Company deems it necessary upon providing a notice to User in advance.
Article 11 Elimination of Anti-Social Force
1. User shall represent and warrant the matters described in each of the following items for present as well as in the future.
(1) User does not fall into the category of Anti-social Force.
(2) User’s business activities are not controlled by Anti-social Force.
(3) User does not have a relationship in which it provides money, etc. or supply convenience to, or it receives benefits from, Anti-social Force.
(4) Other than the preceding items, User is not socially criticized for having a relationship with Anti-social Force.
2. When it becomes clear that User falls under any item of the preceding clause, the Company may cancel the contract without giving a notice. However, the Company will not bear responsibility for compensation of damages incurred by User due to cancellation based on this clause, and User shall compensate the Company for its damages if any damage is caused to the Company.
Article 12 Responsibilities of the Company
1. The Company will not bear the responsibility for any mental or proprietary damages incurred by User by reason of registering for the Service or using the Service.
2. When a problem occurs in the provision of the Service or the provision of the Service becomes difficult due to virus infection that cannot be protected by reasonable virus countermeasures that should normally be installed in the business of handling information, and such other force majeure as fire, blackout, and natural disasters for which the Company cannot be held responsible, the Company will not bear any responsibility for damages incurred by User thereby.
3. The Company does not guarantee, expressly or impliedly, that the Service fits for any particular purpose of User, or that the expected functions, marketability of product, the information to be provided by the Service, etc. carry accuracy and usability, or that the use of the Service complies with laws or industry rules that are applicable to User, or that the Service will be available for continuous use or will have no defect.
4. The Company does not guarantee that the Website has no error or defect, or that the server, etc. does not contain virus or other harmful element, or that the infrastructure, system, etc. for provision of the Service do not otherwise have defects.
5. With respect to the accumulation of survey history of Image Data in the Service set forth in item 4 of Article 1, the Company may delete it without prior notice, and the Company will not bear any responsibility therefor.
Article 13 Handling of Personal Information
The Company separately provides “Privacy Policy” and will properly collect, utilize, control, store, or provide to third parties the personal information of User based on it.
Personal information means the information about User personally that can identify the individual by the name, email address and other descriptions and materials included in the said information, and the information that, although it cannot identify the individual by itself, can do so when collating it easily with other information, or the information that includes individual identification codes.
Article 14 Disclaimers regarding Provision to Third Parties
The Company will not bear responsibility regarding the acquisition of personal information by third parties in the cases described in each of the items below.
(1) when User himself/herself discloses or provides personal information by using the Service.
(2) when User is accidentally identified by the information provided by the User in the Service, such as the User’s activity profile, etc.
(3) when someone other than the User obtains the ID or password assigned to the User, by a reason for which the Company is not responsible.
Article 15 Preservation Period of Information
1. The Company may delete the information about communications with the Company and the information about User registrations, etc. that are accumulated in the server held by the Company when the Company determines that the period necessary for provision of the Service has passed, and it cannot be restored after deletion.
2. With the situation of the preceding clause in mind, User should take whatever measures necessary to avoid occurrence of disadvantages or losses to himself/herself at his/her own responsibility and costs.
Article 16 Confidentiality
With respect to the confidential information that the Company disclosed to User in connection with the Service (information, know-how, program source, etc. relating to the Service), User shall treat it confidential, excluding the case where the Company granted prior written approval.
Article 17 Change of the TOS
1. The Company may change the TOS by notifying User in advance of the content of the change and the time the content of the change begins to apply, or by publicizing it on the Company’s website to make it public, provided that, in the case of change that legally requires User’s consent, the Company will obtain User’s consent.
2. When User does not consent to the change of the TOS, User must so notify the Company within one week of the notice or publication of the preceding clause.
3. Excluding the case when the Company received a notice of not consenting to the change of the TOS as provided in clause 2 of this Article, if User continues using the Service, the User shall be deemed to have consented to the new TOS retroactively to the date of the notice.
Article 18 Communication and Notification
1. Inquiries regarding the Service and other communications and notifications from User to the Company, and notice about the change of the TOS and other communications and notifications from the Company to User shall be conducted by the method stipulated by the Company.
2. When the Company sends communications and notifications to the email address and other contact information included in the Registration Items, User shall be presumed to have received the said communications and notifications.
Article 19 Assignment of Position in the Service Usage Contract
1. User may not assign, transfer, put up as collateral and other disposition to third party the position under the usage contract or the rights and obligations based on this TOS without prior approval of this Company.
2. When the Company assigns the business pertaining to the Service to another company, the Company may assign to the assignee of the assigned business the position under the usage contract, the rights and obligations based on this TOS as well as User’s Registration Items and other information, and User is deemed to have consented to such assignment in advance in this clause. The assignment of business laid down in this clause includes not only the ordinary assignment of business but also a company split and all other cases of transfer of business.
Article 20 Compensation of Damages
When User causes damages to the Company or a third party by violating this TOS or in connection with use of the Service, User shall compensate them for all the damages, directly or indirectly.
Article 21 Separability
When a provision of this TOS or any part thereof is determined to be invalid or incapable of execution by law, etc., the remaining provisions of this TOS and the remainders of the provision that has partially been made invalid or incapable of execution shall continue to be wholly effective.
Article 22 Surviving Clauses
Even when the Service Usage Contract is terminated, the following provisions of this TOS shall remain effective: Article 2, Clause 5 (Registration, etc.), Article 6 (Responsibility of User), Article 7 (Copyright, etc.), Article 9 (Prohibited Matters, etc.), Clauses 2 through 4, Article 11 (Elimination of Anti-Social Force), Clause 2, Article 12 (Responsibilities of the Company), Article 13 (Handling of Personal Information), Article 14 (Disclaimers regarding Provision to Third Parties), Article 15 (Preservation Period of Information), Article 16 (Confidentiality), Article 19 (Assignment of Position in the Service Usage Contract), Article 20 (Compensation of Damages), Article 21 (Separability), this Article and Article 24 (Competent Court).
Article 23 Matters for Conference
When an ambiguity of interpretation of this TOS arises or with respect to matters not provided for in this TOS, the Company and User shall resolve the matter by conference in good faith.
Article 24 Competent Court
The Tokyo District Court shall be the exclusive court of first instance with respect to all disputes, claims, etc. pertaining to the Service and this TOS.
Article 25 Contact for Inquiries
For inquiries about this TOS, please contact the following.
Meni-one Co., Ltd.
〒452-0805
Miyuki Business Park, 4th Building 390 Ichibagicho, Nishi-ku, Nagoya-shi, Aichi-ken
E-mail: support@ai-en.meni-one.com
* For Inquiries about functions, etc. of the Service, please contact us from the “Inquiry” page of “Member Menu” in the Service.