Terms of Service
Please review the terms and conditions for using ModAstera's services.
TERMS OF SERVICE
Effective Date: 2025/10/14
Welcome to ModAstera!
These Terms of Service ("Terms") constitute a binding agreement between you ("User", "you" or "your") and ModAstera Inc. ("ModAstera," "we," "our," or "us") governing your access to and use of the ModAstera platform, website, tools, and services (collectively, the "Services").
By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. ELIGIBILITY AND ACCOUNT REGISTRATION
You must be at least 18 years old and legally capable of entering into a binding agreement to use our Services. Organizations using ModAstera must designate authorized users and are responsible for their compliance.
When you register for an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your credentials and for any activity under your account.
2. USE OF SERVICES
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for lawful and authorized purposes.
You agree not to:
• Use the Services for unlawful, harmful, or misleading purposes;
• Reverse-engineer, decompile, or copy any part of the Services;
• Upload malicious code, or violate security or access controls;
• Share access with unauthorized third parties;
• Use the Services to process or transmit protected health information (PHI) unless under a valid business associate agreement (BAA) or equivalent legal framework.
3. SUBSCRIPTION AND PAYMENTS
If you purchase a subscription, you agree to pay the applicable fees and taxes, in accordance with our pricing plan. Fees are non-refundable except as required by law or expressly stated.
Late payments may result in account suspension or termination.
4. DATA OWNERSHIP AND USE
User Data
You retain ownership of data you upload or generate using the platform, including annotations, models, and project files ("User Content").
You grant ModAstera a limited license to process, store, and analyze your data solely for:
• Providing and improving the Services;
• Ensuring compliance with legal and regulatory standards;
• Generating anonymized, aggregated insights for research and product development.
We do not use your data to train models for other customers unless explicitly permitted.
5. INTELLECTUAL PROPERTY
All intellectual property rights in the ModAstera platform, including software, designs, trademarks, and documentation, are owned by ModAstera or its licensors. Your use of the Services does not grant you any ownership rights beyond the license described above.
6. CONFIDENTIALITY
Both parties agree to keep each other's confidential information secure and not disclose it to third parties except:
• With written permission;
• As required by law;
• To contractors or affiliates under similar confidentiality obligations.
7. COMPLIANCE WITH LAWS
You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including but not limited to:
• Health information privacy laws (e.g., HIPAA, APPI)
• Data protection laws (e.g., GDPR, PIPL)
• Export control laws
8. AVAILABILITY AND MODIFICATIONS
ModAstera strives for high availability but does not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue all or parts of the Services at any time, with or without notice.
9. TERMINATION
You may terminate your account at any time by contacting support or using the platform settings. ModAstera may suspend or terminate access if you violate these Terms or applicable law.
Upon termination:
• Your right to use the Services ends;
• We may delete your data after a retention grace period unless otherwise agreed in writing.
10. DISCLAIMERS
The Services are provided "as is" and "as available." We disclaim all warranties, express or implied, including fitness for a particular purpose, accuracy, and non-infringement.
ModAstera does not warrant that the Services will be error-free, secure, or suitable for diagnostic or clinical decision-making unless expressly certified for such use.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by law, ModAstera shall not be liable for:
• Indirect, incidental, or consequential damages;
• Loss of profits, data, or business opportunities;
• Damages exceeding the fees paid by you in the 12 months preceding the claim.
12. INDEMNIFICATION
You agree to indemnify and hold harmless ModAstera, its affiliates, and personnel from any claims, liabilities, damages, and costs arising out of:
• Your use or misuse of the Services;
• Your violation of these Terms or applicable laws;
• Content or data provided by you.
13. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of Japan. Any disputes shall be resolved through confidential arbitration in Japan, except where prohibited by law.
14. CHANGES TO THE TERMS
We may revise these Terms from time to time. Material changes will be notified via email or platform notice. Continued use of the Services after updates means you accept the revised Terms.
15. CONTACT US
If you have any questions or concerns, contact:
ModAstera Inc.
〒 150-0045
Annex Shinsen 901,
Shinsencho 10-15,
Shibuya City, Tokyo
Email: info@modastera.com