IoT smart switch [Link-S²] Powered by NetSWITCH®
Article 1. Responsibility and Rights of Users
- Users shall, at their responsibility, use the Services and agree to assume full responsibility for any acts in violation of the obligations hereunder, any acts through the use of the Services, and any damages that may result therefrom (including damages that may be incurred by the Company).
- The Users' right to use shall be non-exclusive and Users may not sublicense or assign it to any third party nor cause any third party to succeed to their contractual status.
- Users shall, at their expense and of their responsibility, prepare and maintain devices that operate the Application (including but not limited to smartphones and tablets) and environments such as networks (including security measures such as measures to prevent virus infection).
Article 2. Usage Fees
- The Services may be used free of charge except for optional services specified separately. The usage fees of and other terms and conditions of use for optional services shall be as provided for in a separate agreement with the Company.
- Users shall bear any costs associated with products to be used when Users use the Product and the Services, devices that operate the Application (including but not limited to smartphones and tablets), and communication, etc., such as connection with a communication carrier.
Article 3. Third-Party Services
- When Users use services provided by any other carrier for the use of the Product or services through the use of the Product or the Services (hereinafter, “Third-Party Services”), Users shall abide by the applicable terms and conditions specified by the carrier providing Third-Party Services. The usage fees of and other terms and conditions of use for Third-Party Services shall be as provided for in a separate agreement with the carrier providing the same.
- The responsibility for Third-Party Services shall be assumed by the carrier providing the same and the Company shall not be responsible for the content of, changes to, discontinuance, etc. of Third-Party Services.
Article 4. Acquisition and Use of Users Information
- The Company shall automatically acquire the following information pertaining to the Users through the use of the Services and Third-Party Services (hereinafter, “Acquired Information”):
- Information detected through the use of motion sensors; and
- Information about the usage history of the Application and the operation of the Product.
- The Acquired Information shall be stored directly in the cloud server of NetCONNECT Co., Ltd. (hereinafter, “Management Company”), with its head office at Meguro-ku, Tokyo, Japan, not via the Company's server, and shall be used by the Company and the Management Company only within the scope of the purposes below:
- For the purpose of providing a part of the functions of the Services;
- For the purpose of investigating and analyzing the status of use; and
- For the purpose of developing and improving new products or services and improving the quality of the Services, the Application, and related products.
- Acquired Information may, for a charge or free of charge, be provided to the Company's affiliates and other corporations, etc., as far as it is personally unidentifiable information or after it is processed to be such. Information processed statistically may be disclosed publicly.
- Users are required to understand and approve the above Paragraphs.
Article 5. Intellectual Property Rights
- Intellectual property rights (including but not limited to patent rights, utility model rights, design rights, trademark rights, copyright, and know-how) of and information displayed in the Services (documents, videos, voice sounds, photos, images, and all other adapted content) shall remain the property of the Company or the third party.
- The licensing for the Services to Users hereunder does not transfer to Users any of the intellectual property rights provided for in the preceding Paragraph.
Article 6. Prohibited Acts
- When Users use the Services, they shall not do any of the following, and they shall be liable to compensate for any damages incurred by the Company or the third party that may result from the breach of this Article:
- Perform acts in violation of the Terms;
- Use the Services other than by the method approved by the Company;
- Use the Services for commercial or profit purposes, beyond the scope of personal use;
- Perform acts that may prevent or interfere with the management of the Services (or the server or network to which the Services connect);
- Disassemble, decompile, reverse engineer, etc., nor conduct acts of reproducing, altering, revising, modifying, adapting, or analyzing a program (including object code, source code, etc.), structure, idea, etc.;
- Perform acts, for a charge or free of charge, of reproducing, disclosing, reprinting, redistributing, selling, making transmittable, transmitting publicly, etc. in any form, any of the images, data, information, etc. used in the Services and the Application, without the written prior approval of the Company;
- Perform acts of infringing upon the Company's or the third party's intellectual property rights, including but not limited to patent rights, utility model rights, design rights, trademark rights, copyright, and know-how;
- Remove or change copyright notices or other proprietary legends attached to the Services; or
- Otherwise conduct acts that the Company judges improper for reasonable reasons.
Article 7. Disclaimers
- The Services and the Application shall be provided on an as-is basis and to the extent possible. The Company, its affiliates, licensor and sales agents, and the Management Company make no warranty as to all matters, including but not limited to the Services' and the Application's completeness, availability, operation, fitness for a particular purpose, fitness for devices that operate the Application (including but not limited to smartphones and tablets), and non-infringement.
- The Company, its affiliates, licensor, and sales agents, and the Management Company shall not be liable to compensate for any damages incurred by Users or a third party, that may result from communication failure, a defect or fault in system devices, or the use of the Services.
- The Company, its affiliates, licensor and sales agents, and the Management Company shall not be responsible for the interruption or omission from the Internet, network, hosting, or a third party's services.
- Users shall, at their own discretion and risk, download or otherwise obtain the Application. Only Users shall be responsible for any damage to their smartphones, tablets, devices that operate the Application, computer system, or any loss of data that may result from downloading the Application.
- The Company shall not be liable to compensate for any damages incurred by Users that may result from the discontinuance or termination of the Services due to force majeure events (including cases where the Services cannot be provided for reasons other than obstructive behavior by a third party or due to any reason attributable to the Company, including but not limited to acts of God, fire, power failure, and viruses).
Article 8. Change, Discontinuance or Termination
- The Company may change or update the contents, display, operation method, management method, etc. of the Services and the Application or discontinue or terminate the provision of the Services or the Application, without giving Users prior notice. In this case, the Company shall not be responsible for any events that may arise from such change, discontinuation, etc.
- If a User breaches any of the provisions hereof, the Company shall be entitled to cancel the Terms with such User and cause such User to terminate the use of the Services and the Application.
Article 9. Amendment to the Terms
- The Terms may be amended at the Company's sole direction, without prior notice and without the prior approval of the Users. By using the Services after such amendment, Users are deemed to have agreed to abide by such amendment.
- The Company shall notify Users or disclose publicly any amendment to the Terms, by the method which the Company deems proper, such as on the Company's website.
Article 10. Severability
If any of the provisions hereof or a part thereof is held invalid or unenforceable by the Consumer Contract Act or other laws, regulations, etc., the remaining provisions hereof and the remaining part of the provision, part of which is held invalid or unenforceable, shall remain in full force and effect.
Article 11. Governing Law and Court Jurisdiction
The Terms shall be governed by and construed in accordance with the laws of Japan. Any potential disputes arising from or relating to the Terms or the Services between the Company and Users shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance, in response to the amount of the case.
Article 12. Language
The Terms are prepared in the Japanese language and the governing language of the Terms shall be Japanese. Any other translated version is made for reference purpose only and shall not bind the Company and Users.
IWASAKI ELECTRIC CO., LTD.
Effective Date: November 30, 2018
* NetSWITCH is registered trademark of NetCONNECT Co., Ltd.