Template

NOTE

• THIS IS A SAMPLE TEMPLATE FOR PLUG-IN DEVELOPER TO BE REFERRED.
• THIS IS NOT THE TERM AND PRIVACY POLICY OF RICOH THETA PLUG-IN PARTNER PROGRAM.

Contents

• Template of a plug-in application end-user licence agreement
• Template of privacy policy of a plug-in application

Template of a plug-in application end-user licence agreement

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP.

OR

BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We [NAME OF LICENSOR] of [ADDRESS OF LICENSOR] license you to use:

• [NAME OF APP AND VERSION] THETA plug-in application software (App) and any updates or supplements to it.
• [[The related online OR electronic] documentation] (Documentation).
• [The service you connect to via the App and the content we provide to you through it] (Service).

as permitted in these terms.

YOUR PRIVACY

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy [LINK TO PRIVACY POLICY].

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

ADDITIONAL TERMS FOR SPECIFIC SERVICES

In addition the Services set out below will be governed by the following terms of use and privacy policies :

Service	Web address of terms of use	Web address of privacy policy
[DESCRIPTION OF SERVICE]	[WEB ADDRESSES OF TERMS OF USE]	[WEB ADDRESS OF PRIVACY POLICY]
[DESCRIPTION OF SERVICE]	[WEB ADDRESSES OF TERMS OF USE]	[WEB ADDRESS OF PRIVACY POLICY]

THETA PLUG-IN APPLICATION SITE’S TERMS ALSO APPLY

The ways in which you can use the App and Documentation may also be controlled by the Theta Plug-in Application Site’s rules and policies [LINK TO RULES AND POLICIES] and Theta Plug-in Application Site’s rules and policies will apply instead of these terms where there are differences between the two.

OPERATING SYSTEM REQUIREMENTS

This app requires a Theta device with a minimum of [INSERT REQUIREMENTS].

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at [NAME OF WEBSITE].

Contacting us (including with complaints). If you think the App or the Services are faulty or mis-described or wish to contact us for any other reason please email our customer service team at [EMAIL ADDRESS] or call them on [TELEPHONE NUMBER].

How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms you may:

• download or stream a copy of the App onto a single Theta device and use the App and the Service on such device for your personal purposes only.
• use any Documentation to support your permitted use of the App and the Service; and
• receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Service as set out above in “HOW YOU MAY USE THE APP”. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

Any changes we make to these terms in the future will be posted here and where appropriate notified to you by email.

If you do not accept the changes, please stop your use of the App.

UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may ask you to update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

If you choose not to install such updates, you may not be able to continue using the App and the Services.

IF SOMEONE ELSE OWNS THE THETA DEVICE YOU ARE USING

If you download or stream the App onto any Theta device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the device.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR THETA

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

WE MAY COLLECT LOCATION DATA VIA SMARTPHONES AND OTHER SMART DEVICES CONNECTED TO THETA (BUT YOU CAN TURN LOCATION SERVICES OFF)

[Certain Services [including [NAME OF SERVICES]], will make use of location data sent from smart devices connected to your Theta device. You can turn off this functionality at any time by turning off the location services settings for smart device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data.

You may stop us collecting such data at any time by turning off the location services settings on your smart device.]

LICENCE RESTRICTIONS

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such thing;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

ACCEPTABLE USE RESTRICTIONS

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

• You must stop all activities authorised by these terms, including your use of the App and any Services.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by [COUNTRY] law.

ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to [NAME OF ADR ENTITY] via their website at [WEBSITE ADDRESS]. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

Template of privacy policy of a plug-in application

This Privacy Policy (hereinafter “this Policy”) was devised so that the User understands the type of information acquired, the use of this information and the purpose of this use, the methods used by xxxxxxxxxxxxx (hereinafter “this Company”) for handling Personal Information, etc. in the “xxxxxxxxxxxxx” (hereinafter “this Service”), a service provided by this Company, and the related website managed by this Company (“this Website”).

1. Management of Personal Information

1.1 This Company recognizes that protecting the information of all people who supply Personal Information to this Company (hereinafter “the Principal”) is an important duty of this Company as an enterprise that handles personal information. This Company works to protect Personal Information.

1.2 This Company implements appropriate safety management measures according to laws and regulations, guidelines and the internal regulations of this Company to prevent leaking, loss, destruction, etc. of Personal Information, and works to protect Personal Information retained by this Company. This Company also trains its employees on appropriate handling of Personal Information, etc. and works to fully ensure the protection of this information.

2. Acquisition and Purpose of Use of Personal Information

2.1 This Company may acquire Personal Information from Users for the provision of this Service.

2.2 This Company acquires Personal Information by appropriate means based on a law-abiding mentality. If this Company intends to acquire Personal Information and the Principal will provide the information directly on paper or via the Web, this Company will explicitly disclose the purpose of use of this Personal Information. However, explicit disclosure of the purpose of use may be omitted if the purpose of use is clear from the situation in which the information is provided.

2.3 This Company will use Personal Information within the necessary scope for the purposes stated below.

List of Types of Acquired Information and Purposes of Use

Type of acquired information	Purpose of use
…	…

2.4 If this Company acquires other businesses by merging, separation, handover of business, etc. and has acquired Personal Information, this Company will use this information within the necessary scope in order to fulfill purposes of use to which the Principal consented before the acquisition, or purposes of use that have been reported or announced.

2.5 Personal Information may be acquired or used without prior consent outside of the scope of purposes of use stated above for legal reasons, the protection of a person’s life, safety or property, or to cooperate with a national government organization.

3. Provision of Personal Information to a Third Party

This Company will not provide Personal Information to a third party except in the following cases. This Company will never disclose Users’ Personal Information to advertisers.

(a) If prior consent has been received from the Principal.

(b) Provision to business contractors, business partners, etc. with appropriate supervision from this Company to fulfill a purpose of use.

(c) If the Personal Information has been acquired for the purpose of provision to a third party and the Principal is notified of the purpose, items of data provided, means of provision and contact information for cessation requests, or this information is made easily available.

(d) If the Personal Information is required for the protection of a person’s life, safety or property and it is difficult to receive the consent of the Principal.

(e) If provision of the Personal Information is requested according to a law or regulation by a judicial branch or government organization.

(f) If providing Personal Information in the event that this Company merges, separates or transfers its business.

4. Inquiries and Procedures Relating to Disclosure etc. of Personal Information to the Principal

4.1 Refer to “Contact Information for Inquiries Relating to Personal Information” for information on procedures and contact information in the event that the Principal or an agent for the Principal wishes to view, change or cease use of Personal Information.

4.2 Persons making inquiries may be asked to confirm that they are the Principal or a legitimate agent of the Principal. We ask for your cooperation in these cases.

4.3 Please be aware that requests may not be granted in cases in the following categories.

(a) If the requester cannot confirm that they are the Principal or a legitimate agent of the Principal.

(b) If a request is made to disclose, amend, add, delete or cease use of Personal Information data other than that held by this Company¹.

(c) If there is a risk that disclosure of Personal Information data held by this Company will endanger the life, property, safety or other rights and interests of the Principal or a third party.

(d) If there is a risk that disclosure of Personal Information data held by this Company will significantly impede adequate operation of this Company’s business.

(e) If disclosure of Personal Information data held by this Company will violate other laws or regulations.

(f) In the case of a request for amendment of or addition to Personal Information data held by this Company, if an amendment is not necessary for the purposes of use or if the requested amendment or addition is not factually true.

(g) In the case of a request for deletion or cessation of use of Personal Information data held by this Company (hereinafter “Cessation of Use, etc.”), if there is not deemed to be a violation of this Company’s procedures (usage or acquisition outside the purposes of uses or provision to a third party for reasons other than those stated in 3. (a)-(f).

(h) In the case of a request for Cessation of Use, etc. of Personal Information data held by this Company, if Cessation of Use, etc. is difficult and the rights and interests of the Principal can be protected by alternative means.

5. Requests to Users

5.1 About SSL

Encryption technologies using SSL (Secure Sockets Layer) is used to prevent information theft etc. by a third party during communication when Users provide highly confidential information such as Personal Information via this Website.

It may not be possible to use these technologies depending on the User’s computer environment. In this case, please be aware that the User may not use this Service.

5.2 Use of Cookies and Web Beacons

This Website may use cookies² or Web beacons³ for the following purposes.

(a) To identify the User’s browser or the User and reduce the work required for authentication.

(b) To assess usage of the website and email news and make improvements.

(c) To customize website displays for each User.

(d) To make advance assessments of the User’s use of services on which Personal Information will be registered and make improvements.

It may not be possible to use some of the features provided by this Website if the User’s browser is set not to receive cookies or is set not to display images while the User uses this Website.

5.3 Use of Cookies and Web Beacons by Third Parties

Cookies and Web beacons in the User’s browser may be used by third parties, including advertisers, to distribute advertisements optimized for each User. Users can set their browser not to receive cookies. Refer to the help of your browser for details.

5.4 Use of Log Information

Information such as the User’s access frequency, error logs, etc. may be acquired while the User uses this Website or this Service. This information is used to assess the User’s use of this Website, to provide the User with better information and to improve this Service.

5.5 Links to Websites Other than This Website

Links to the websites of companies related to this Company or third party companies (hereinafter “Websites Managed by Third Parties”) are placed in some areas of the RICOH THETA website to improve convenience for the User. Accessing these links may take the Customer away from this Company’s Website. Although the RICOH or RICOH THETA logo may be displayed on some parts of the Websites Managed by Third Parties, this Company is not involved in the content posted on the Website Managed by a Third Party and does not accept responsibility for the website’s handling of Personal Information.

Websites Managed by Third Parties may issue cookies, gather data or gather Personal Information according to their own policies. This Policy does not apply to the handling of information on other, linked websites. Therefore, in the event that a Customer accesses a Website Managed by a Third Party, this Company recommends that the Customer read the policies of the Website Managed by a Third Party relating to protection of Personal Information before providing Personal Information.

5.6 Requests to Underage Customers

In the event that Personal Information is provided to this Company by underage Users, we request that this information is provided with the consent of a caregiver. However, in the United States, this Service cannot be used by persons under 13 years of age. Personal Information therefore cannot be provided by such persons even with the consent of a caregiver. If it becomes known to this Company that Personal Information has been provided by a child under 13 years of age, the information and the child’s account will be deleted immediately.

6. Amendments

This Company may amend this Policy in response to changes to or improvements of the purposes of use, improvements to safety, or amendments of related laws, regulations and rules. We recommend that Customers regularly check this on this Company’s Website, etc.

Contact Center for Inquiries Relating to Personal Information/Contact Information for Complaints

Complaints and other inquiries from Customers relating to the handling of Personal Information are accepted by email, phone and fax. Refer to “Contact Information for Inquiries Relating to Personal Information” for details.

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