（This reference translation is a translation of the Terms of Service in Japanese into English for the convenience of users. Please note that when using our services, the original Terms of Service, not this reference translation, will apply.）
(Purpose)
The purpose of these GENNECT Cloud Terms of Service (hereinafter the “Terms”) is to provide for basic contractual matters applied when Hioki E.E. Corporation (hereinafter the “Company”) grants the usage right to the Service to the Customer (meaning an individual, corporation, or other organization, or its representative who opens an account with the Service after having concluded hereunder a Usage Contract with the Company, and who has the authority of a User Administrator).
(Definition)
The following terms used herein have the meanings assigned below:
(1) The Service means the GENNECT Cloud Service.
(2) The Service Specification means a document that the Company publishes on the website for the Service, which sets out the contents of the Service to be provided, usage fee, scope of provision, method of provision, level of provision, utilization time, and other terms and conditions.
(3) The Infrastructure Provider means the provider of a data center required for the provision of the Service and a cloud service separately provided based on the Service. In this case, the provider of the data center and cloud service refers to Amazon Web Services, Inc.
(4) The Payment Agency refers to Stripe Japan who collects usage charges on behalf of the Company for a monthly payment subscription agreement.
(5) The System Administrator means an administrator at the Company who has the authority to issue and manage based on a System Administrator ID and System Administrator Password, a User Administrator ID and User Administrator Password, and User IDs and User Passwords from the Company to the Customer and who also takes charge of communication between the Company and the Customer pertaining to the Service.
(6) The System Administrator ID and System Administrator Password mean an ID and password issued for the System Administrator to issue a User Administrator ID and User Administrator Account Password and User IDs and User Passwords to Users.
(7) The Customer means an individual, corporation, or other organization or its representative who opens an account with the Service after having concluded hereunder a Usage Contract with the Company and who has the authority of a User Administrator.
(8) The Account ID means a unique number under contract, which is issued at the time of opening an account.
(9) The User Administrator means a person among Users to whom the System Administrator grants all or part of the authority and who takes charge of communication between the Company and Users pertaining to the Service.
(10) The Users mean persons to whom service usage rights are granted and who use the Service with User IDs and User Passwords.
(11) The User IDs and User Passwords mean IDs and passwords issued to Users, which the Users use to log in to use the Service.
(12) The Usage Contract means a contract concluded between the Customer and the Company hereunder pertaining to the provision of the Service.
(13) The Start Date of Use means the date set forth in paragraph 3 of Article 6.
(14) The End Date of Use means the date set forth in paragraph 4 of Article 6.
(15) The Client Equipment is a collective term for network communication equipment, PCs, servers, hardware, software, and other equipment owned, leased, or rented by the Customer, which is used by the Customer based on the Service.
(Application of Terms)
The Terms apply to all Usage Contracts and those Usage Contracts for cloud extended functions that the Customer uses based on the Service (hereinafter “Individual Usage Contracts”). However, if an Individual Usage Contract explicitly changes the provisions hereof, the provisions of the Individual Usage Contract shall prevail over the provisions hereof.
(Revision to Terms)
1 Without the Customer’s consent, the Company may revise these Terms (including the Service Specification and the GENNECT Cloud Privacy Policy; the same applies hereinafter in this article) from time to time by giving notice to the Customer under Article 5.
2 The Customer shall in no way claim damages against the Company, group companies of the Company (hereinafter “Affiliated Companies”), or the Infrastructure Provider with respect to the revision under the preceding paragraph.
3 The Customer who does not consent to such revision shall discontinue using the Service and remove the Account ID by the effect date of the revision. The Customer who keeps the Account ID and continues to use the Service after the effect date of the revision shall be deemed to have consented to the revision of the Terms.
(Notice to Customers)
1 The Company shall give notice to the Customer by any of the following means:
(1) Sending e-mail to the email address of the User Administrator
(2) Publication on the website for the Service (hereinafter the “Website”)
(3) In addition to the preceding items, any other methods that the Company deems appropriate.
2 The notice under the preceding paragraph shall take effect when the Company sends e-mail or publishes it on the Website, depending on the means.
3 When the Company gives notice to the Customer by any means set forth in paragraph 1, it may contain an important matter that affects rights and obligations of the Customer advantageously or disadvantageously, so that the Customer shall always give attention to the provisions of the notice.
4 The Customer shall be responsible for communication and information that the Customer provides the Company, and if any change occurs to such information, the Customer shall promptly provide the latest information. If despite communicating with the Customer based on the latest information provided by the Customer, the Company is unable to contact the Customer due to inaccuracy or incompleteness of the information, the Company shall not be responsible for any disadvantage caused by it.
(Formation of Usage Contract)
1 A Usage Contract shall take effect at the time the Customer opens an account with the Service.
2 The Company may refuse to conclude a Usage Contract or rescind it at its own discretion when any of the following items apply; provided that the Company shall not be liable to disclose the reason for such refusal or rescission even when so requested by the Customer:
(1) When all or part of the information provided by the Customer is false
(2) When it becomes clear that the Customer has ever violated or is in violation of any contract or terms with the Company
(3) When the Company otherwise finds it inappropriate to conclude a Usage Contract
3 The Start Date of Use shall be a day on which the Customer opens an account with the Service and obtains an Account ID.
4 The End Date of Use shall be a day on which the Customer removes the account and waives the Account ID, regardless of the usage period of cloud extended functions registered with the account.
5 A Usage Contract shall remain effective to the extent that the Customer keeps the Account ID. However, this does not apply where the Customer removes the Account ID during a period of the Usage Contract, or the Company notifies the Customer of the termination of services.
(Contents, Fees and Scope of Service)
1 Contents of the Service to be provided, usage fee, scope of provision, method of provision, level of provision, utilization time, and other terms and conditions shall be as specified in the Service Specification (https://cloud.gennect.net/app/Service/Index).
2 According to the requirements set forth in the Service Specification, the Customer shall install and configure communications between the client equipment and the Service. The Service does not include services for installation and configuration of the Service, system development services, consulting services for the Service, or any other services not provided in the Service Specification.
3 The Customer understands that the Service is a nonexclusive service provided from the data center through telecommunications lines, which is subject to changes to the availability, transmission speed, and response of the Service depending on the performance of Client Equipment, communication environment, usage status of the data center, and other conditions. The Company, Affiliated Companies, or the Infrastructure Provider shall in no way be responsible for it.
4 The Company may change the contents of the Service from time to time.
(Payment Method)
1 The Customer shall pay a usage fee in advance within such time limit and by such method as designated by the Company or an agent of the Company. If a usage period is extended, the Customer shall pay a usage fee in advance by the start date of a renewed period by the method designated by the Company or an agent of the Company. However, in the case of a monthly payment subscription agreement, the Customer shall pay it every month through the Payment Agency.
2 If the Company deems it unavoidable, the payment limit and payment method of the usage fee shall be determined through consultation between the Company and the Customer. In this case, an agreement reached in the said consultation shall be put into writing, and it shall take effect when the Company affixes its seal.
(Appointment of User Administrator)
1 The User Administrator at the execution of the Usage Contract and its contract information shall be the applicant and its contract information stated when opening an account.
2 When the User Administrator or its contact information is changed, the Customer shall promptly correct it at its own responsibility.
3 The System Administrator may act as the agent for the User Administrator, and the Company may grant all or part of the authority of the System Administrator to the User Administrator.
(Notice of User Administrator Account ID and User Administrator Account Password)
After opening of an account, the Company shall promptly display a User Administrator ID and User Administrator Password and give notice to the contact information of the Customer. However, this does not apply where the Company fails to do so because of an error in the contact information, network failure, natural disaster, or any other reason not attributable to the Company. In this case, the Company shall not be responsible for any damage caused to the Customer.
(Setting Usage Authority of Users)
1 The System Administrator or User Administrator shall set the Service’s usage authority of Users and shall issue and manage User IDs and User Passwords.
2 Unless otherwise provided for by a Usage Contract, the System Administrator or User Administrator may not set the Service’s usage authority of Users to any persons outside the Customer or the corporation to which the Customer belongs. When so requested by the Company, the Customer shall inform the Company of the names and other information of the Users to whom the Service’s usage authority is set.
3 The System Administrator may set the Service’s usage authority to the User Administrator and Users within the limit of the quantity and optional services set forth in the Service Specification.
4 In using the Service, the Customer shall have the User Administrator and Users comply with the obligations borne by the Customer at the responsibility of the Customer and shall be solely responsible for any violation thereof.
(Suspension of Operation)
1 If any of the following causes occur, the Service shall be suspended during a period needed for it; provided that during the period of suspension, there may be missing measurement data, unavailability of remote control, or other limitations:
(1) When there is a compelling reason, such as interruption of power supply by electric power company, or failure of the data center or telecommunications facilities
(2) When the Infrastructure Provider performs maintenance of a cloud service infrastructure or applications
(3) When there is any cause set forth in item 1 and items 3 through 7 of paragraph 1 of Article 28
(4) When the Company otherwise finds it necessary to suspend the Service, including in cases where an emergency situation occurs
2 Before suspending the provision of the Service under any item of the preceding paragraph, the Company shall give advance notice to the Customer to such effect. However, this does not apply where it is urgent or unavoidable, and in this case, the Company shall give the Customer notice to such effect promptly after the fact by e-mail, publication on the Website or other means.
3 Even if the suspension of the Service under paragraph 1 causes any damage to the Customer or a third party, the Company, Affiliated Companies, or the Infrastructure Provider shall in no way be responsible for it.
(Service Level Agreement)
1 The Company shall require the Infrastructure Provider, excluding the provider of telecommunications lines, to provide the Service by making commercially reasonable efforts so as to satisfy the service level set forth in the Service Specification (hereinafter the “Service Level”) as the level of service provision.
2 The Company may change the Service Level to the extent that does not disadvantageously affect the contents of the Service under the Usage Contract, and the service level after the change shall be applied from the day designated by the Company.
3 The Service Level provides a target to strive for regarding the Service, and if the Service fails to satisfy the index value of the service level set forth in the Service Specification, it shall be compensated for by extending the license term by up to the period concerned. Beyond this, the Company, Affiliated Companies or the Infrastructure Provider shall in no way be responsible for compensation, including liability for damages.
4 The Service Level does not apply to any service excluded by a Usage Contract or any matter caused by a disclaimed matter.
(Cancellation of Usage Contract by Customer)
1 The Customer may cancel the Usage Contract by notifying the Company or an agent of the Company and removing the Account ID according to the deadline and method prescribed by the Company.
2 Even if the cancellation under the preceding paragraph is made during the usage period of the Service, the Customer may not claim any cancel money or other costs from the Company.
(Discontinuation of Service)
1 If any of the following items apply, the Company may discontinue all or part of the Service:
(1) When the Company notifies Customers at least 60 days prior to the date of discontinuation
(2) When the Service no longer can be provided due to discontinuation of business by the Infrastructure Provider, discontinuation of wireless telecommunication by a carrier, natural disasters, or other force majeure
(3) When it is no longer viable to continue providing the Service for the occurrence of an unexpected situation
2 When all or part of the Service is discontinued under the preceding paragraph, without providing an equivalent successor service by the date of discontinuation, the Company shall refund the Customer the service usage fee already paid by the Customer that corresponds to the number of months for which the Service cannot be provided as a result of the discontinuation by calculating the amount by month.
(Prohibitions)
1 In using the Service, the Customer shall not engage in any of the following items:
(1) An act that infringes or is likely to infringe copyrights, patent rights, utility model rights, trademark rights, design rights, or other intellectual property rights (hereinafter “Intellectual Property Rights”) of the Company, Affiliated Companies, the Infrastructure Provider, or third parties
(2) An act of falsifying or erasing the contents of the Service or any information that becomes available by the Service
(3) An act of having a third party use the Service in violation of the Terms
(4) An act of violating legislation, or public order and morals to damage national or public interests, or an act that is prejudicial to interests of the Company, Affiliated Companies, the Infrastructure Provider, or third parties
(5) An act of discriminating against or slandering another person or damaging the reputation or credibility of another person
(6) An act that is or is likely to be associated with fraud or any other crime
(7) An act of sending a picture, document, or other content that falls under obscenity, adult content, or child pornography or abuse
(8) An act of operating a pyramid scheme or soliciting people to join it
(9) An act of using the Service under a false identity
(10) An act of sending or publishing a computer virus or other harmful program
(11) An act of sending e-mail to third parties for advertisements, publicity, or solicitation without permission or sending e-mail that third parties find or are likely to find objectionable (hate e-mail)
(12) An act of causing an excessive load on the data center or telecommunications lines or otherwise interfering with the operation of the Service
(13) An act of reverse engineering, data decompiling, or disassembling or any other similar acts
(14) An act that infringes or is likely to infringe the properties, privacy, or image or other rights of a third party
(15) An act of accessing the Service by any means other than Web access to use it
(16) An act of accessing a source code
(17) An act that violates or is likely to violate these Terms
(18) Any other acts that the Company or the Infrastructure Provider finds inappropriate in the light of the intention of any of the preceding items
2 The Customer who becomes aware that there is any act that falls under any item of the preceding paragraph, or finds that there is a possibility for it shall notify the Company immediately.
3 If the Company, any Affiliated Company, or the Infrastructure Provider comes to know that an act of the Customer falls under any item of paragraph 1 in connection with the use of the Service, or that any information provided by the Customer relates to an act set forth in any item of paragraph 1, the Company may temporarily discontinue providing all or part of the Service or delete the information in question at the discretion of the Company without giving advance notice to the Customer. However, the Company, Affiliated Companies or the Infrastructure Provider shall not be responsible to monitor the acts of the Customer or information (including the data set forth in Article 19) that is provided, sent or received by the Customer (including cases where it is deemed to be use by the Customer).
4 The Customer consents that the Customer will bear any loss incurred by the Company owing to an act of the Customer set forth in any item of paragraph 1; any compensation paid by the Company to a third party; any costs for protecting rights, including those for lawsuits to determine accountability, appraisals, arbitrations, and attorney’s fees.
(Management of IDs and Passwords)
1 The Customer shall manage the User Administrator ID and User Administrator Account Password, and User IDs and User Passwords (hereinafter “IDs and Passwords”) with rigorous care (including by changing a password from time to time) and shall not disclose them to any third party other than the Users.
2 The Company, Affiliated Companies, or the Infrastructure Provider shall bear no responsibility whatsoever for any damage caused by insufficient management, misuse, use by third parties of IDs and Passwords, or by similar accidents.
3 If the Customer has forgotten the IDs and Passwords or comes to know that they are used by a third party, the Customer shall immediately notify the Company to such effect and shall follow any instructions that the Company may give. However, any use made using the said IDs and Passwords shall be deemed to be use by the Customer, and the Customer shall not be exempted from any liabilities to the Company pertaining to the Service.
(Installation and Maintenance of Client Equipment)
1 The Customer shall install Client Equipment at its own expense and responsibility in accordance with the provisions of the Service Specification.
2 The usage fee does not include, and the Customer shall bear any charges for communications between client equipment and the cloud service and other related expenses required for the use of the Service.
3 In using the Service, the Customer shall maintain Client Equipment to keep it in full working order at its own expense and responsibility.
(Management of Data)
1 The Customer shall back up, at its own expense and responsibility, any data accumulated in the data center that have been exchanged between the Customer and the data center incidental to the use of the Service (i.e., measurement data measured by the Customer and files), and any other data of the Customer that have been exchanged between the Company and the Customer by some means (hereinafter “data”).
2 The Customer shall use the Service by judging the adequacy of data at its own responsibility.
3 After the waiver of an account, the Company may not disclose or recover data saved with the account for the Customer or a third party designated by the Customer.
4 If data are lost or corrupted by the Customer’s using the Service, the Company, Affiliated Companies, or the Infrastructure Provider shall in no way be responsible for it.
5 While the Company, Affiliated Companies, and the Infrastructure Provider shall give maximum effort to maintain the security and stability of the data, they cannot foresee legal, technical, or other risks that may arise from time to time, and the Customer consents that they shall not be responsible for any of such risks (including but not limited to those of force majeure, viruses, hacking, defects with third-party services, and service disruption due to government orders).
6 If the Company deems it necessary at the time of maintenance or failure of the Service, the Company may access the data without the advance consent of the Customer to the extent necessary for the purposes of investigating the cause or checking the operation. If the Company deems it necessary at the time of maintenance or failure of the Service, the Company may have the Affiliated Companies and the Infrastructure Provider access the data without advance consent of the User for the purposes of investigating the cause or checking the operation.
7 The Company, Affiliated Companies, or the Infrastructure Provider shall not provide any third party, without notice, with the data accessed for the purpose of checking the operation at the time of the maintenance or failure. However, this does not apply where disclosure is required by a governmental organization or other authority under laws or rules.
(Provision of Information and Materials)
1 When so requested by the Company, the Customer shall provide the Company, free of charge, with any information and materials required for the performance of the Service (hereinafter “Materials”).
2 The Company, Affiliated Companies, or the Infrastructure Provider shall not be responsible for any delay in performing the Service caused by an error in Materials provided by the Customer or caused by delay in providing a working space.
(User Compliance)
When a User uses the Service under Article 11, the Customer shall conclude a contract with the User containing the following provisions or take other measures to have the User consent to and comply with them:
(1) A User understands the provisions of the Usage Contract and complies with them as in the case of the Customer.
(2) When the Usage Contract is terminated between the Customer and the Company for whatever reason, the provision of the Service from the Customer to a User is also terminated automatically, and the User may no longer use the Service.
(3) A User shall not have a third party use the Service.
(4) A User may not claim damages against the Company, Affiliated Companies, or the Infrastructure Provider in connection with the Service and may in no way hold them accountable.
(Assignment of Claims and Obligations)
Without advance written consent of the Company, the Customer shall not assign or transfer all or part of the rights and obligations pertaining to the Service or the status as the Customer to a third party and shall not offer them as security.
(Handling of Intellectual Property Rights)
1 The Customer consents that the Customer may use the Service under the Usage Contract and shall not acquire any Intellectual Property Rights pertaining to the Service.
2 The Customer shall not change the notice or statement of Intellectual Property Rights of the Company or the Infrastructure Provider, or those of licensers to the Company, Affiliated Companies, or the Infrastructure Provider.
3 If in using the Service, the Customer receives any suit, objection or claim from a third party on the grounds of infringement of Intellectual Property Rights (hereinafter a “Dispute”), the Customer shall promptly notify the Company of the Dispute, and the Company or the licenser to the Company may settle the Dispute with the third party upon consultation with the Customer. The Customer shall delegate the necessary power to the Company or the licenser to the Company and provide necessary cooperation for settling the Dispute.
4 The Customer who infringes any Intellectual Property Right of the Company, Affiliated Companies, the Infrastructure Provider, or the original right holder in using the Service shall compensate the Company, Affiliated Companies, the Infrastructure Provider, or the original right holder for any damage incurred by it.
(Confidentiality)
1 Neither the Customer nor the Company shall disclose nor divulge any technical, sales, or other business information of the other party to a third party that is disclosed or provided in connection with the performance of the Usage Contract by specifying the confidential or nonpublic nature of the information (hereinafter “Confidential Information”). If the Customer or the Company orally discloses Confidential Information to the other party, the party shall inform the other party of the confidential nature of the information at the time of disclosure and shall deliver a document to the other party containing details of the Confidential Information promptly after disclosure. However, information shall not be deemed Confidential Information, if it is information that
(1) is already within the public domain at the time of disclosure or later becomes part of the public domain through no fault of the party receiving Confidential Information,
(2) is already in the other party’s possession at the time of disclosure by the Customer or the Company,
(3) is lawfully acquired from a third party without undertaking duty of confidentiality, or
(4) is developed after disclosure from the other party without reference to the information of the other party.
2 Notwithstanding the preceding paragraph, if the disclosure of Confidential Information is required by a court or competent administrative organ under legislation, either the Customer or the Company may disclose the information to the recipient of the information under the legislation or to the court or administrative organ. Either party who discloses the information shall notify the other party of it prior to the disclosure to the extent that does not violate relevant legislation, and if it is unacceptable to give advance notice, the party shall give notice to the other party promptly after the disclosure.
3 Either party who receives disclosure or provision of Confidential Information shall implement the necessary measures for the management of the Confidential Information.
4 Either party who receives disclosure or provision of Confidential Information may use the Confidential Information only for the purpose of performing the Service and may reproduce the information to the extent necessary for performing the Service. In this case, the party shall also treat the duplications of Confidential Information as Confidential Information under this article.
5 Either party who receives disclosure or provision of Confidential Information shall return the Confidential Information and its duplications to the other party at the request of the other party and erase any Confidential Information recorded in the client equipment, servers of the data center, and other places.
6 The provisions of this article shall remain effective for a period of two (2) years after the termination of a Usage Contract.
(Protection of Personal Information)
1 The Company shall not use personal information received from the Customer in implementing the Service for any purpose other than for the use of the Service nor disclose nor divulge it to any third party, and the Company shall handle the information properly according to relevant legislation of Japan; provided that in this case, the personal information means the personal information set forth in Article 2 of the Personal Information Protection Law, in other words, information about a living individual that may identify the specific individual for its inclusion of a name, date of birth, other descriptions, or documents, pictures or electromagnetic records (including any information that can be easily collated with other information to identify the specific individual), or information containing an individual identification code; the same applies hereinafter. Any matter concerning the personal information protection not provided herein shall be governed by the GENNECT Cloud Privacy Policy (https://cloud.gennect.net/app/Privacy/Index).
2 Personal information shall be kept in the data center managed by the Infrastructure Provider in Japan in accordance with the laws of Japan.
3 During the usage period of the Service, the Customer may correct, update, delete, or withdraw personal information by instructing the Company. The Customer also may contact the point of contact stated in the GENNECT Cloud Privacy Policy for any opinions or input that the Customer may have regarding the Company’s information security.
4 The provisions of paragraphs 3 through 5 of the preceding article apply mutatis mutandis to the handling of personal information.
(Response to Information Leakage)
1 Either the Customer or the Company who becomes aware of leakage of Confidential Information or personal information shall immediately notify and consult with the other party for measures to implement.
2 If Confidential Information or personal information is leaked for any reason attributable to the Company, and it causes any damage to the Customer, the Company shall be liable for compensating the Customer for the damage under paragraph 2 of Article 28.
(Disclaimer)
1 The Company in no way guarantees the accuracy, completeness, availability, commercial usefulness, fitness for a particular purpose, most recent, or practicability of specific results with respect to the Service or data created by the Customer or Users using the Service.
2 Unless explicitly provided for herein, the Company shall not give any guarantee whatsoever, whether explicit or implicit, with respect to the Service, including marketability, adequacy, or fitness for a particular purpose.
3 While the Company is entitled to deal with violation of these Terms and legislation, the Company does not warrant that such entitlement is its obligation, or that the Company will immediately discover and deal with such violation.
(Damages)
1 Unless otherwise provided for herein explicitly, the Company, Affiliated Companies, or the Infrastructure Provider shall under no circumstances be responsible for compensation, regardless of the legal cause of action (including default liability and tort liability), for any damage caused to the Customer or a third party as a result of the use of the Service, including but not limited to those caused by any of the following items, except where there is intentional act or gross negligence of the Company, Affiliated Companies, or the Infrastructure Provider:
(1) Failure of client equipment owing to the quality of a power source not attributable to the Company, failure of telecommunications lines leading to the data center, or failure of other connection environment of the Customer
(2) Failure of Client Equipment, failure of an Internet connection service leading to the data center, or failure of other connection environment of the Customer
(3) Damage attributable to the response time from the data center, or any other value in performance of mobile telecommunications lines or an Internet connection service
(4) Unauthorized access or attacks (including but not limited to computer viruses) by a third party to or against the data center or other facilities for the Service, or interception on the communication path, which cannot be prevented by the Company with the due care of a prudent manager
(5) Damage attributable to the Customer failing to abide by the procedure or security measures prescribed by the Company
(6) Damage caused by seizure, search, or inspection under a warrant based on an order, ruling, or decision; a compulsory disposition under the Act on Communications Interception for Criminal Investigation; or a compulsory disposition under a court order, ruling, or judgment or under legislation
(7) Failure to provide the Service due to natural disasters, wars, acts of terrorism, changes of legislation, rules or policies, strikes, epidemics, other force majeure, or any other reasons not attributable to the Company
2 Even if the Company bears liability for compensation for damage in connection with the Service, the amount of damages borne by the Company shall not exceed the amount of the usage fee for the month in which the damage occurs, regardless of the cause of action, including default, legal liability for breach of contract, unjust enrichment and tort, and regardless of whether the Service is canceled or not. The Company, Affiliated Companies, or the Infrastructure Provider shall bear no responsibility whatsoever for any damage caused under special circumstances or lost earnings, whether it can be foreseen or not.
(Damages Borne by Customer)
1 If the Company, any Affiliated Company, or the Infrastructure Provider incurs any damage caused by the Customer’s negligence, the Customer may be held accountable for compensation for the damage.
2 If the Company, any Affiliated Company, or the Infrastructure Provider is held accountable by a third party due to the Customer’s negligence, it may hold the Customer accountable for the damages, after having performed its liability to pay money to the third party.
(Export Control)
1 Any data provided in the Service shall be stored in a cloud server in Japan. The Customer who uses the Service outside Japan or has a nonresident in Japan use it shall use the Service in accordance with the laws of the relevant country at the responsibility of the Customer.
2 The Customer shall take necessary procedures at its own responsibility by complying with the Foreign Exchange and Foreign Trade Act, other legislation in Japan relating to export, and all applicable legislation in and outside Japan.
3 The Customer shall make legal judgment and necessary procedures by itself if the Customer transfers or takes out measurement data to a foreign country or otherwise provide them outside Japan or makes the data accessible from a foreign country. Should there be violation of any legislation in or outside Japan, damage, or any other similar incident, the Company, Affiliated Companies, or the Infrastructure Provider shall in no way be responsible for it.
(Validity of Terms)
Even if some of the Terms are held invalid or unenforceable by a stipulation of law or a decision by court, this does not affect the validity or enforceability of the remainder hereof, and they continue to have legal binding force to the extent legally permitted.
(Governing Law and Jurisdiction)
1 The formation, effect, performance, and construction hereof, as well as dispute settlement and other related matters, shall be governed by the laws of Japan.
2 If any dispute arises in connection with these Terms or any matter not set forth herein, the Company and the Customer shall settle it through mutual consultation in good faith. The parties agree that if they fail to settle a dispute through consultation, the dispute shall be brought before the Nagano District Court.
3 The place of execution hereof is Ueda-shi, Nagano.