image.canon | Terms of Use for image.canon Paid Service

These Terms of Use (“Terms”) shall be applied to the following optional paid service on top of “image.canon” (“Paid Service”).

Cloud RAW image processing:

This service processes your still RAW images by noise reduction technology or other technology and yields JPEG or HEIF images, and is provided to you by Canon Inc., having its principal place of business at 30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501 Japan (“Canon Inc.”).

Unless explicitly set forth otherwise below, the Terms of Use for “image.canon” shall not be applicable to this Paid Service.

1. About the Paid Service

(1) Details of Paid Service

The Paid Service enables you to process your still RAW images taken by the camera with Cloud RAW image processing function (“Camera”) (see here for supported model for the Paid Service) and stored in the Camera (“RAW Image”) that are sent to processing servers which Canon Inc. directly or indirectly manages (“Processing Server”) via your storage (a) of “image.canon” (“Storage (a)”) (as defined in the Terms of Use for “image.canon”). See the Terms of Use for “image.canon” for details and restrictions regarding Storage (a). After the processing to reduce noise, the Processing Server returns JPEG or HEIF images (“Processed Image”) to your Storage (a). (The RAW Image and Processed Image may be hereafter sometimes collectively referred to as “Images”.) With the Paid Service, you can send and process the RAW Images up to the maximum number of processing set for each Plan (defined below) for a period set for each Plan (“Plan Period”).

(2) Purchase of Plan

To use the Paid Service, you will be required to purchase a paid plan (“Plan”) through Canon Inc.’s reseller, cleverbridge AG having its principal place of business at Gereonstrasse 43-65, 50670 Cologne, Germany, its affiliates or Canon Inc. or any other person separately designated by Canon Inc. Click on the following links to access the cleverbridge AG General Terms and Conditions of Business and Privacy Policy . In order to purchase a Plan, you need to create and/or log into your Canon ID account. See here for details of Plan. All new subscribers to any Plan with automatic renewal (“Subscription Plan”) can try such Subscription Plan for free for the trial period set for each Subscription Plan (“Trial Period”). cleverbridge AG or its affiliates will send an email to your registered email address prior to the end of the Trial Period to notify you that a Plan Period is scheduled to commence. Neither cleverbridge AG, its affiliates nor Canon Inc. is responsible for any undelivered email notifications. If you cancel within the Trial Period, you will not be charged. You may only use this free trial once for each Subscription Plan. Canon reserves the right, in its sole discretion, to modify this free trial at any time, without prior notice. You will need to cancel the Subscription Plan you have purchased in order to avoid charges for a Plan Period or new Plan Period as the case may be directly with cleverbridge AG or its affiliates, or indirectly through Canon Inc. acting for cleverbridge AG prior to the beginning of a Plan Period or new Plan Period as the case may be.

You can cancel either through cleverbridge AG or its affiliates, or through Canon Inc. To cancel through cleverbridge AG or its affiliates, follow the instructions provided by cleverbridge AG or its affiliates. To cancel through Canon Inc., click here and then navigate to the “Manage subscriptions” page and then click “Check current subscriptions” and then click “Cancel a plan”. If you cancel the Subscription Plan during the Plan Period, you can continue to use the Paid Service for the remainder of the Plan Period; however, the amount that you have already paid will not be refunded. Please note that any Subscription Plan that you have purchased will continue to be automatically renewed until the Subscription Plan is cancelled, even if you do not use the Paid Service.

(3) Start of Use

The Paid Service is only available to you if you:

(i) are the age of majority, as defined in the jurisdiction in which you reside;

(ii) registered for and own a Canon ID account;

(iii) agreed to the Terms of Use for “image.canon”;

(iv) have a Camera and set up a connection with “image.canon”;

(v) agreed to these Terms; and

(vi) purchased a Plan of the Paid Service.

The Paid Service is not intended to be used by children under the age of 13. Access and use of the Paid Service by anyone under applicable age of majority is only permitted with the express permission of his/her parent or legal guardian who is registered in their own name.

(4)Availability of Plan

The Paid Service will cease to be made available to you upon (i) the expiration of the Plan Period even if you have not processed the maximum number of images that may be processed under your Plan, or (ii) the time during the Plan Period when you have processed the maximum number of images that may be processed under your Plan, whichever occurs earlier. You can check the number of Processed Images processed during a Plan Period from here . The number of Processed Images is temporarily counted in when the RAW Image is received under the Paid Service, and finally counted in when processing of such RAW Image is completed successfully. If processing of the RAW Image is not completed for some reason, the number of the RAW Images which failed to be processed will be restored to the remaining number of RAW Images that may be processed for the Plan Period. Please note, however, that if you send the RAW Image to Processing Server just before the end of the Plan Period and the processing of the RAW image is not completed for some reason within the Plan Period, this restoration will not work and the number of the RAW Images which failed to be processed will not be carried over to the number of RAW Images that may be processed for the next Plan Period. Please also note that there may be some delay in displaying the remaining number of RAW Images that may be processed.

(5) Change, Suspension and Termination of Paid Service

Canon Inc. is constantly innovating in order to provide the best possible experience for you. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions or changes of the Paid Service. Considering this and other reasonable causes, Canon Inc. reserves the right, whether periodically or at any time or with or without a prior notice, to temporarily or permanently modify functions or features of the Paid Service or suspend provision of the Paid Service itself. In addition, Canon Inc. may suspend or terminate the Paid Service at its sole discretion. If Canon Inc. decides to suspend or terminate the Paid Service, Canon Inc. will give you a prior notice.

2. Modification of Terms

These Terms may be updated or modified by Canon Inc. from time to time, for any reason or for no reason, in Canon Inc.’s sole discretion. Canon Inc. will inform you of the changes and the effective date in good time. You should check these Terms each time you use the Paid Service for any changes. The modified Terms shall be binding and deemed effective when you use the Paid Service after the effective date of the modified Terms. Please note that if you do not agree to the modified Terms, you may not use the Paid Service even though your Plan Period has not expired or you may not have processed the maximum number of RAW Images that may be processed under your Plan.

3. Termination of Use

You may terminate the use of the Paid Service at any time:

(i) If you cancel the Plan to the Paid Service;

You will no longer be able to use the Paid Service following the end of the remaining Plan Period purchased prior to cancellation; however, you will still be able to use “image.canon”.

(ii) If you cease your use of “image.canon”;

even IF YOU CEASE YOUR USE OF “IMAGE.CANON”, your Plan will remain in force unless you cancel the Plan. Please note that if the Plan you purchased is a SUBSCRIPTION plan, it will continue auto-renewal even if you cease use of “image.canon”. SEE SECTION 1(2) ABOVE (PURCHASE OF PLAN) FOR DETAILS OF CANCELLATION OF YOUR SUBSCRIPTION PLAN.

(iii) If you cancel your Canon ID account;

YOU WILL NOT BE ABLE TO USE “IMAGE.CANON,” all Plans will be automatically cancelled, and you can no longer use the paid service, EVEN THOUGH YOUR PLAN PERIOD HAS NOT EXPIRED OR YOU MAY NOT HAVE PROCESSED THE MAXIMUM NUMBER OF RAW IMAGES THAT MAY BE PROCESSED UNDER YOUR PLAN AND WHETHER OR NOT PROCESSING OF THE RAW IMAGES IS IN PROGRESS. THE CANCELLATION OF YOUR CANON ID ACCOUNT WILL RESULT IN DELETION OF ALL IMAGES STORED IN THE PROCESSING SERVER. CANON INC. WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR IMAGES RESULTING FROM SUCH CANCELLATION. IF YOU CANCEL YOUR CANON ID ACCOUNT AND YOU WANT TO USE THE PAID SERVICE IN THE FUTURE, YOU WILL BE REQUIRED TO CREATE A NEW CANON ID ACCOUNT, start to USE “IMAGE.CANON” AND PURCHASE A NEW PLAN. In the event of your actual or suspected unauthorized use of the Paid Service or non-compliance with these Terms, Canon Inc. may, at its sole discretion and without any notice, suspend or terminate your use of the Paid Service, even though your Plan Period has not expired or you may not have processed the maximum number of RAW Images that may be processed under your Plan and whether or not processing of the RAW Images is in progress. Such suspension or termination may result in deletion of all Images stored in the Processing Server. Canon Inc. will not be responsible for any loss of your Images resulting from such suspension or termination.

4. Privacy Policy

Please see the Canon ID Privacy Policy .

5. Annotation Data

You acknowledge that when you send the RAW Image to the Processing Server, annotation data (information embedded in the RAW Image, such as camera setting, date and time of photographing and comment) may also be sent. Annotation data may include information pertaining to a person's personal attributes such as name of photographer and geographical information; and the storage and use of any personal information shall be governed by the Canon ID Privacy Policy as mentioned in Section 4.

6. Intellectual Property

You retain ownership of your RAW Image. By uploading a RAW Image to the Paid Service, you grant Canon Inc. (including its affiliated companies and third party service providers and business partners) right and license to copy or otherwise use, on a worldwide basis, free of charge, the Images for the purpose of (i) providing the Paid Service, (ii) improving the Paid Service, and (iii) improving and developing current and future Canon Inc. products and services, including supporting one (1) or more trainable datasets used in AI (artificial intelligence) engines. The right and license continue until relevant Images from the Paid Service is deleted. You represent and warrant that the Images is either owned by you or you have all permissions required to distribute the Images, and that Canon Inc. (including its affiliated companies and third party service providers and business partners) are free to exercise the license rights granted herein without obtaining permission, consent or any license from any third party.

7. Prohibited Conduct

You agree not to use the Paid Service to:

(i) send or otherwise make available any RAW Image that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of person's privacy, hateful, or racially, ethnically or otherwise objectionable;

(ii) send or otherwise make available any RAW Image that would infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or that would breach any obligation of confidence or any personality right or right to privacy of any third party;

(iii) send or otherwise make available any RAW Image that contains software viruses or any other computer code, files or programs to interrupt, destroy or limit the functionality or feature of any computer software or hardware or telecommunications equipment;

(iv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

(v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any RAW Image transmitted through the Paid Service;

(vi) interfere with or disrupt the Paid Service or servers or networks connected to the Paid Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Paid Service;

(vii) intentionally or unintentionally violate any applicable local, state, national or international laws or any applicable regulations;

(viii) engage in conduct that restricts, inhibits or discourages any other person or entity from using or enjoying all or any portion, features or functions of the Paid Service, or which, in Canon Inc.’s judgment, exposes Canon Inc. or any of its users, customers, or suppliers to any liability or detriment of any type;

(ix) engage in conduct affecting Canon Inc. adversely or reflecting negatively on Canon Inc., the Paid Service, Canon Inc.’s goodwill, name or reputation or causing duress, distress or discomfort to Canon Inc. or anyone else, or discouraging any person or entity from doing business with Canon Inc.; and/or

(x) take any other action that could endanger or cause damage to Canon Inc., other users of the Paid Service, or other third parties.

8. No commercial use of Paid Service

The Paid Service is provided for non-commercial use only. You may not use the Paid Service for any commercial purpose, including the sale, distribution, transfer, loan, or licensing of any goods or services using all or a portion of the Paid Service, in exchange for consideration. Canon Inc. will not be liable for any loss or damage you may suffer as a result of your use of the Paid Service especially if that loss or damage relates to commercial use of the Paid Service. You shall not offer access to the Paid Service to anyone else on a commercial basis.

9. Your responsibilities; Indemnification

You access and use the Paid Service at your own expense. Such access may involve third-party fees, such as Internet service provider charges, telecommunication charges or third party charges, and you are responsible for those fees. You shall prepare and are responsible for all equipment necessary to access and use the Paid Service. You agree to indemnify, defend and hold Canon Inc. and all of their respective agents, directors, officers, employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs and expenses (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with your use of the Paid Service or any claim in connection with or resulting from any breach by you of these Terms. You agree to cooperate fully in Canon Inc.'s defense of any such claim. You agree that Canon Inc. shall be entitled to select its own counsel, at your expense, to defend it in connection with any claim subject to indemnification by you. You agree that Canon Inc., and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving Canon Inc., whether or not the settlement binds or is on behalf of Canon Inc., without the written consent of Canon Inc.

10. Liability

(1) Representation and Warranty

Canon Inc. endeavours to provide uninterrupted and safe service, but no website can be guaranteed to be available all the time or without any errors. The Paid Service may also have to be taken offline, or have certain functions or features disabled, to allow repairs, maintenance, or introduction of new functions, features or services. Canon Inc. makes no commitment that the Paid Service will be permanently available or available at any particular time, that the Paid Service has limitation on downtime, that the Paid Service will be safe, secure or error-free, that the Paid Service will always function without disruptions, delays or imperfections, or that your Images will not be inadvertently removed, deleted, corrupted or lost. Canon Inc. recommends that you make a back-up copy of all of the Images. The Plan may not be available for purchase in your particular country or locality. The reference to such Plan does not imply or warrant that the Plan will be available at any time in your particular location, or at the price or terms displayed in these Terms. INFORMATION REGARDING THE PAID SERVICE AND THE PLAN, INCLUDING AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY CANON INC. WITH RESPECT TO THE PAID SERVICE OR THE PLAN, CANON INC. HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, MERCHANTABILITY, OR SUITABILITY FOR ANY PARTICULAR PURPOSE OR COMPLETENESS THEREOF. YOUR USE OF THE PAID SERVICE IS SOLELY AT YOUR OWN RISK. THE PAID SERVICE (INCLUDING ALL IMAGES AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE PAID SERVICE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CANON INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (i) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY IMAGES AVAILABLE THROUGH THE PAID SERVICE, (ii) THAT THE SERVER THAT MAKES THE PAID SERVICE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS OR OTHERWISE USE THE PAID SERVICE, (iii) THAT CANON INC. WILL CONTINUE TO PROVIDE THE PAID SERVICE OR, IF IT DOES CONTINUE TO PROVIDE THE PAID SERVICE, THAT THE PAID SERVICE WILL CONTINUE TO PROVIDE THE PAID SERVICE IT CURRENTLY PROVIDES OR THAT THE PAID SERVICE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (iv) THAT ANY OF YOUR IMAGES OR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE PAID SERVICE FOR ANY PARTICULAR AMOUNT OF TIME. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS/TERMS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. PLEASE CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. CANON INC. DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW.

(2) Disclaimer of Liability

Canon Inc. is not responsible for any offensive, inappropriate, obscene, defamatory or otherwise unlawful or objectionable content or information that may appear on the Paid Service or for any conduct, whether online or offline, of you. Nor is Canon Inc. responsible for any acts of any third party. Canon Inc. has no obligation to maintain, support, upgrade or update the Paid Service. Canon Inc. is not responsible for any loss of the Images or any other data that may result from your use of the Paid Service, or for any loss or damage you may suffer as a result of the termination of the Paid Service or any failure of, error in or non-availability of the Paid Service. Canon Inc. is not responsible for (i) losses that were not caused by any breach of these Terms on Canon Inc.'s part, (ii) any business losses (including loss of profit, revenue, contract, expectancy interest, data, goodwill or wasted expenditure), (iii) any losses that were not foreseeable to both you and Canon Inc. when you commenced using the Paid Service, or (iv) any losses caused by your breach of these Terms. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, CANON INC.'S NEGLIGENCE, WILL CANON INC., OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE PAID SERVICE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE PAID SERVICE, EVEN IF CANON INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CANON INC. ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PAID SERVICES. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL CANON INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASE OF PLAN TO ACCESS THE PAID SERVICE, WITHIN ONE (1) PLAN PERIOD IMMEDIATELY PRECEDING THE CLAIM. Regardless of any other provisions of these Terms, nothing in these Terms excludes or limits Canon Inc.'s liability for fraud, fraudulent misrepresentation, or death or personal injury caused by Canon Inc.'s negligence or willful misconduct or gross negligence. Nor does it exclude or limit any other liability that cannot be excluded or limited under applicable law.

11. No Waiver

No failure of you or of Canon Inc. to enforce any right under these Terms shall constitute a waiver of such right or provision or affect your or Canon Inc.'s right to later enforce or exercise it.

12. Severability

If a court finds that any of these Terms is invalid or unenforceable, this shall not affect the validity or enforceability of the rest of these Terms.

13. Choice of Law and Forum

Any and all disputes arising out of or in connection with these Terms shall be governed by the laws of Japan and submitted to the exclusive jurisdiction of Tokyo District Court. Availability of the Paid Service in any country or region is subject to such Paid Service not being unlawful or restricted under the laws and regulations of such country or region. In no event does your ability to use the Paid Service constitute any offer by Canon Inc. to a party in a jurisdiction where the availability or use of the Paid Service is unlawful or restricted. The availability and use of the Paid Service may be restricted by law or regulations in certain jurisdictions and you shall check applicable restrictions and comply with the applicable laws and regulations in your use of the Paid Service. Nothing contained herein shall, or is intended to, replace or restrict any mandatory statutory consumer laws that may be applicable to you in the country or region where you reside.

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Last modified: 07/25/2022

Version: 1.0

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