3D Data Purchase Agreement

Article 1 (Definitions)

1. "Data" means the 3D scan data provided by Locahun 3D (including PLY, OBJ and ZIP formats).
2. "Purchaser" means the corporation or individual that purchases the Data through the Service.
3. "Studio" means the filming studio or location facility that is the subject of the scanned Data.
4. The operator of the Service and the seller of the Data is KWI Inc. ("we", "us"). Obligations and liabilities of the Service under these terms are borne by KWI Inc.

Article 2 (License)

1. The purchase agreement for the Data under these terms is formed when the Purchaser completes the purchase process on the Service, including payment through a payment processor. The price is denominated in Japanese yen and is the amount shown at checkout (tax included).
2. The Purchaser may use the Data for location review, previs and virtual production in the production of video, film, commercials, drama, music videos and the like.
3. Use of the Data is limited to the Purchaser's own production team and project.
4. The license is non-exclusive; the same Data may be provided to other purchasers.
5. The specific scope of use depends on the license tier selected at purchase. The tier is shown on the purchase receipt.
   • Standard license — Use in commercial & non-commercial productions. Redistribution or resale of the data itself is not permitted.
   • Editorial only — Limited to news, education and personal use. Commercial use such as advertising is not permitted. *This tier is no longer offered for new purchases; it continues to apply to Data previously provided under it.
   • Extended license — Commercial use plus bundling into templates / embedded products and modified redistribution.
   • Custom (by arrangement) — Scope arranged individually. Please contact us before purchasing.
6. Embedding the Data into a software product — such as a game (web, PC or any other platform) or application — that is provided to third parties as part of that product("Embedded Use") requires the extended license. The standard license covers using the Data to produce works such as video and images only; it does not cover distributing the Data itself bundled inside a software product.
7. Where the Data is provided free of charge (e.g. through a campaign), these terms apply mutatis mutandis, with "Purchaser" read as the recipient of the free Data.
8. The Purchaser may publish still images and videos rendered from the Data on social media. When publishing, please include a credit to Locahun 3D (e.g. the #ロケハン3D tag or a mention of locahun3d.com). This is subject to the Article 3 obligation to remove Third-Party Material and the Article 4 prohibitions (such as confidential areas).

Article 3 (Third-party rights captured in the Data)

1. The Data is a scan of a real, physical location, and the captured space may include advertisements, signage, posters, corporate logos, trademarks, characters or other material in which third parties hold rights ("Third-Party Material").
2. Copyright, trademark and other rights in any Third-Party Material belong to the relevant third party. Neither the Service nor the Studio grants any license or permission regarding Third-Party Material by providing the Data.
3. Before publishing, delivering or distributing any work created using the Data, the Purchaser shall remove, obscure, blur or replace any Third-Party Material contained in that work.
4. The Service bears no responsibility for any dispute, claim or damages arising from a third party as a result of the Purchaser's failure to comply with the preceding paragraph; the Purchaser shall resolve any such matter at its own responsibility and expense.

Article 4 (Prohibited acts)

The Purchaser shall not:

1. redistribute, resell or lend the Data to third parties;
2. (Where Embedded Use is made under the extended license, the mere fact that users of the software product could extract the Data through technical analysis does not itself constitute a breach of the preceding item. However, separately distributing, reselling or lending the extracted Data as the Data itself does constitute such a breach.)
3. reproduce or imitate the Studio facility without permission using the Data;
4. provide the Studio's internal structure or equipment information to competing facilities;
5. publish a modified version of the Data in a way that could be mistaken for the original Studio;
6. sell the Data as an NFT or digital asset;
7. publish confidential Studio information contained in the Data (backyards, loading docks, control rooms, etc.) on social media or elsewhere without permission;
8. use the Data or derivatives thereof as training data for machine-learning or generative-AI models (except with the Service's prior written permission);
9. publish, deliver or distribute a work without removing Third-Party Material as required under Article 3.

Article 5 (Data quality and disclaimer)

1. The Data is a 3D scan of the space at the time of capture and may differ from the facility's current state.
2. The accuracy and resolution of the Data depend on capture conditions and are not guaranteed to be fully accurate.
3. Our liability to the Purchaser for damages relating to use of the Data, regardless of the cause of action, is limited to the amount the Purchaser actually paid for the relevant Data, except in cases of our willful misconduct or gross negligence.

Article 6 (Refunds)

1. Due to the nature of digital data, refunds are not provided after download as a general rule.
2. If a problem attributable to the Service is confirmed (such as corrupted or defective data), we will consider a refund or replacement data.
3. Whether a refund is granted is at the Service's discretion.

Article 7 (Handling of confidential information)

1. Data including non-public areas such as backyards, loading routes and control rooms is provided only to production-company accounts (Team plan).
2. The Purchaser shall manage such confidential information appropriately and not disclose it to anyone other than project members.
3. Where an NDA is required, we may request that one be signed separately.

Article 8 (Intellectual property)

1. In providing the Data, the Service uses reasonable efforts to obtain the necessary permission from the operator of the scanned Studio.
2. Copyright and other intellectual property rights in the Data belong to the Studio owner or the Service. Rights in Third-Party Material are governed by Article 3.
3. The only right transferred by purchase is the license set out in Article 2.

Article 9 (Changes to these terms)

1. We may change these terms when we deem it necessary. When making changes, we will announce the revised terms and their effective date a reasonable period in advance by posting on this page or by other appropriate means.
2. Amended terms do not retroactively apply to the disadvantage of Data already purchased (as stated in Article 2.5, the tier conditions selected at purchase continue to apply).

Article 10 (Governing law and jurisdiction)

1. These terms are governed by the laws of Japan.
2. Any dispute shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.