Service Terms of Use

Chapter 1: General Provisions

Article 1.1 (About These Terms)

These Service Terms of Use (the “Terms”) set out the matters that Users must observe when using the cloud services for the provision of data and related functions (the “Service”) provided by CropWatch, LLC (the “Company”).

Article 1.2 (Definitions)

The following terms have the meanings given below in these Terms.

(1) “Administrator” means an officer or employee of a Customer who is authorized to act on behalf of the Customer to manage the Customer’s User Accounts and to amend or terminate the Service Agreement, or the Customer if the Customer is an individual.
(2) “Customer” means a business operator that has agreed to these Terms and entered into a Service Agreement with the Company.
(3) “Intellectual Property Rights” means copyrights, including the rights set out in Articles 27 and 28 of the Copyright Act, patent rights, utility model rights, design rights, trademark rights, and all other intellectual property rights, including the rights to acquire them and rights under pending applications.
(4) “Anonymized Data” means information created by applying certain processing, including statistical processing or analysis, to User Information and Service Data so that no individual, including a User, can be identified or distinguished.
(5) “Password” means a combination of single-byte alphanumeric characters and symbols that a User sets in accordance with the prescribed requirements and that, together with a Login ID, is used to distinguish that User from other users of the Service.
(6) “Service Agreement” means an agreement between a Customer and the Company concerning use of the Service.
(7) “Software” means software provided by the Company for the Service, including software embedded in the Hardware.
(8) “Service Data” means data collected through the Service and data produced by processing, analyzing, or otherwise modifying that data.
(9) “Hardware” means information terminals, sensors, communications equipment, and other hardware provided by the Company or prepared by a User for collecting or transmitting Service Data, automating equipment, or related purposes.
(10) “User” means an officer, employee, or other individual designated by a Customer who agrees to these Terms and uses the Service.
(11) “User Account” means an account created by a Customer or User to use the Service.
(12) “User Information” means all information provided directly or indirectly to the Company by a Customer or User through use of the Service, including information registered with the Service by a Customer or User and the information specified in Article 3.1, as well as information produced by processing, analyzing, or otherwise modifying that information, but excluding Service Data.
(13) “Login ID” means an email address or other identifier, consisting of single-byte alphanumeric characters and symbols registered by a User, that is used to distinguish that User from other users when using the Service.

Article 1.3 (Application and Amendment of These Terms)

The Company permits Customers and Users to use the Service and Software subject to the conditions stated in these Terms.
These Terms apply to the Service Agreement between a Customer and the Company and to a User’s use of the Service. The Company may separately establish conditions of use, regardless of their title (the “Individual Terms”), for a particular service provided by the Company (an “Individual Service”) and publish them on the Company’s website or by other means. In that case, a user of the Individual Service shall use it only after agreeing to the Individual Terms. Any Individual Terms established by the Company are incorporated into and form part of these Terms.
If a Customer and the Company agree in a Service Agreement to conditions that differ from these Terms, including in the case described in the preceding paragraph, the conditions of the Service Agreement take precedence over these Terms.
The Company may amend these Terms at any time. When amending these Terms, the Company shall set an effective date and notify Customers and Users that the Terms will be amended, the content of the amended Terms, and their effective date by publishing that information on the Company’s website or by another appropriate method.
If a Customer or User continues to use the Service on or after the effective date set under the preceding paragraph, that Customer or User is deemed to have agreed to the amended Terms, and the Service Agreement is amended in accordance with that agreement.

Article 1.4 (Service Agreement)

A Service Agreement is formed when a Customer applies to use the Service in the manner specified by the Company and the Company accepts that application. The Company may refuse to enter into a Service Agreement if it has reasonable grounds to do so, including a previous breach by that Customer of an obligation under an agreement with the Company.

Article 1.5 (Subcontracting)

At its discretion, the Company may subcontract all or part of the work necessary to provide the Service to Customers and Users or to develop or maintain the Service or Software to a third party located in or outside Japan (a “Contractor”).

Article 1.6 (Preparation and Maintenance of Equipment)

Unless the Company agrees otherwise, the Customer shall, at its own expense and responsibility, install and configure the Hardware and LoRaWAN^® base station in accordance with the conditions specified by the Company and maintain an environment in which the Service, including the Hardware and LoRaWAN^® base station, can be used throughout the term of the Service Agreement.
When necessary to use the Service, the Customer shall, at its own expense and responsibility, connect the LoRaWAN^® base station to the internet using a telecommunications service provided by a telecommunications carrier or another provider.
The Customer acknowledges that the Service may become unavailable if there is a defect in the LoRaWAN^® connection, the Hardware, except during the warranty period under paragraph 9 of Article 6.1, the internet connection described in the preceding paragraph, or any other part of the environment required to use the Service, or if a security issue affects any of them. The Customer shall take adequate measures, including security measures, at its own expense and responsibility. The Company is not liable for the inability of a Customer or User to use the Service due to such a defect or security issue.

Chapter 2: Use of the Service

Article 2.1 (Use of the Service)

Under the Service Agreement, the Company grants Customers and Users a limited, non-transferable license to use the Software.
Customers and Users are authorized to use the Service only while complying with these Terms and the Service Agreement and only within the purposes of use specified in them. All rights, copyrights, and other Intellectual Property Rights in the Service belong to the Company or its licensors.
Customers and Users may not transfer the right to use the Service to any third party and may not sublicense any right included in the Service to any third party unless expressly authorized in writing by the Company.

Article 2.2 (Account Management)

The Customer shall strictly manage the Login IDs and Passwords for User Accounts at its own responsibility and shall not lend them to third parties or use them in any other manner contrary to the purposes of use specified in these Terms.
All use of the Service through a User Account’s Login ID and Password is deemed to be use by that User. The Customer is fully responsible for such use even if a third party uses the Login ID and Password without the User’s consent. If the Company suffers any loss due to the third party’s conduct, the Customer shall compensate the Company for that loss.
If the Customer learns of, or believes there is a risk of, a breach of these Terms or the Service Agreement in connection with use of the Service through a User Account’s Login ID and Password, the Customer shall notify the Company immediately and bears full responsibility for the breach.

Article 2.3 (Fees)

Use of the Service is subject to fees. The Customer shall pay the fees specified by the Company (the “Service Fees”) in consideration for use of the Service. The Service Fees are governed by the conditions separately presented to the Customer by the Company.
The method and timing of payment of the Service Fees and related matters are governed by the conditions separately presented to the Customer by the Company.

Article 2.4 (Term)

The term and renewal conditions of the Service Agreement are governed by the conditions separately presented to the Customer by the Company.

Chapter 3: Collection and Use of User Information

Article 3.1 (Collection and Use of User Information)

Customers and Users agree that, when they use the Service, the Company may collect User Information through the Software or by other means, including the information listed below. User Information may include personal information as defined in the Act on the Protection of Personal Information (the “APPI”).
1. (1) Addresses, names, email addresses, and other information registered by Customers and Users when entering into a Service Agreement
2. (2) Names, email addresses, and other information concerning the Customer’s Administrator
3. (3) Names, email addresses, and other information registered during use by an individual who uses a User’s Login ID and Password and who appears to use the Service for a Customer or User, regardless of whether the relationship is one of employment, agency, or otherwise
4. (4) Software usage history
5. (5) Other information necessary for the Service to perform its functions
Customers and Users agree in advance that the Company and its Contractors may access, use, and manage User Information for the following purposes:
1. (1) Providing the Service and related services to Customers and Users
2. (2) Performing maintenance, security measures, and related work
3. (3) Providing after-sales service to Customers and Users
4. (4) Developing, providing, maintaining, and otherwise supporting the Software
5. (5) Improving after-sales service and other support systems for persons other than Customers and Users
6. (6) Developing and improving the Company’s products and services
7. (7) Creating and analyzing statistics and other Anonymized Data
8. (8) Communicating between the Company and Customers or Users, including surveys and responses to inquiries
9. (9) Preventing unauthorized use of the Service, including impersonation
10. (10) Addressing disputes, litigation, and related matters
11. (11) Carrying out the Company’s other business purposes, including, without limitation, development, design, engineering, production, sales, and the provision or improvement of the Service
Except as provided in the preceding paragraph, the Company shall obtain the consent of the Customer or User before providing User Information other than Anonymized Data to a third party. This requirement does not apply in the following cases:
1. (1) The Company reasonably determines that disclosure is required by law or regulation
2. (2) Disclosure is necessary to protect a person’s life, body, or property, and the Company determines that obtaining the identifiable person’s consent is difficult
3. (3) Disclosure is especially necessary to improve public health or promote the sound growth of children, and the Company determines that obtaining the identifiable person’s consent is difficult
4. (4) Cooperation is necessary for a national government body, local government, or a person acting on its behalf to perform duties prescribed by law, and the Company determines that obtaining the identifiable person’s consent could impede the performance of those duties
5. (5) A merger or another event changes the holder of rights in the Service or the operator of the Service, and the Company determines that transferring personal information is necessary to continue the Service
Customers and Users may provide User Information to a third party at their own responsibility and in compliance with the APPI and other applicable laws and regulations. The Company assumes no liability in connection with any such provision of User Information by a Customer or User. If the Company suffers any loss arising from or in connection with that disclosure, the Customer and User shall compensate the Company for that loss.
When providing User Information through use of the Service, if the subject of the Service Data or the party that uses or possesses the Hardware is different from the Customer or User, the Customer and User shall provide that party with an adequate explanation of the collection of the information.
If Customers or Users do not wish to transmit any User Information because it constitutes personal information, they may delete that information or ask the Company to delete it. They acknowledge that some functions of the Service may become unavailable if the information is not collected.

Article 3.2 (Protection of Personal Information)

The Company shall use personal information collected or received in connection with the Service only within the purposes stated in the preceding Article and shall provide it to third parties in accordance with that Article.
The Company shall handle the personal information described in the preceding paragraph appropriately and in accordance with the Privacy Policy published on the Company’s website.

Article 3.3 (Consent of Interested Parties)

If User Information includes information concerning a third party, the Customer and User shall obtain that third party’s consent to the matters stated in Article 3.1 before providing the information to the Company.
At the start of and throughout their use of the Service, Customers and Users warrant that they have obtained the consent described in the preceding paragraph, that they have lawful rights in the User Information, and that the uses of User Information listed in paragraph 2 of Article 3.1 do not infringe any third-party rights. Customers and Users shall address, at their own responsibility, any dispute with a third party arising from a breach of this warranty. The Company assumes no responsibility for such disputes.

Chapter 4: Collection and Management of Service Data

Article 4.1 (Collection and Management of Service Data)

Customers and Users agree that Service Data will be transmitted to, stored on, and managed on cloud servers controlled by the Company. Service Data will be stored on those servers for the period specified in the Customer’s plan, up to a maximum of two years. The Company may delete Service Data from those servers after the applicable storage period expires.
Customers and Users agree in advance that the Company may access, use, and manage Service Data for the following purposes:
1. (1) Providing the Service and related services to Customers and Users
2. (2) Performing maintenance, security measures, and related work
3. (3) Providing after-sales service to Customers and Users
4. (4) Developing, maintaining, and otherwise supporting the Software
5. (5) Creating and analyzing statistics
6. (6) Preventing unauthorized use of the Service, including impersonation
7. (7) Addressing disputes, litigation, and related matters
Customers and Users agree in advance that the Company may provide Anonymized Data to third parties.
Except in the cases described in the preceding two paragraphs, the Company shall obtain the consent of the Customer and User before providing Service Data other than Anonymized Data to a third party. This requirement does not apply where the disclosure is required by law or regulation or requested by a competent public authority.
Customers and Users may provide Service Data to a third party at their own responsibility and in compliance with the APPI and other applicable laws and regulations. The Company assumes no liability in connection with any such provision of Service Data by a Customer or User. If the Company suffers any loss arising from or in connection with that disclosure, the Customer and User shall compensate the Company for that loss.
In connection with the Company’s access to, use of, or management of Service Data under paragraph 2 or a Customer’s or User’s provision of Service Data to a third party, if the subject of the Service Data or the party that uses or possesses the Hardware is different from the Customer or User, the Customer and User shall provide that party with an adequate explanation of the collection of the Service Data.

Article 4.2 (Consent of Interested Parties)

If Service Data includes information concerning a third party, the Customer and User shall obtain that third party’s consent to the matters stated in Article 4.1 before providing the information.
At the start of and throughout their use of the Service, Customers and Users warrant that they have obtained the consent described in the preceding paragraph, that they have lawful rights in the Service Data, and that the Company’s uses of Service Data listed in paragraph 2 of Article 4.1 do not infringe any third-party rights. Customers and Users shall address, at their own responsibility, any dispute with a third party arising from a breach of this warranty. The Company assumes no responsibility for such disputes.

Chapter 5: Prohibited Conduct

Article 5.1 (Prohibited Conduct)

Customers and Users shall not engage in any of the following conduct when using the Service. The Company may delete, at its discretion, information and data related to any of the following conduct.

(1) Infringing, or being likely to infringe, any Intellectual Property Right or other right of the Company or a third party
(2) Altering or deleting the content of the Service or information available through it
(3) Cross-referencing Anonymized Data with other information to identify an individual or Customer to whom the Anonymized Data relates, identifying that person, or attempting either act
(4) Modifying, reverse engineering, decompiling, or disassembling all or part of the Hardware or Software, creating derivative works from them, deciphering source code by any other means, or engaging in similar conduct
(5) Using the Service for a purpose or by a method not specified in these Terms
(6) Using the Service in a manner contrary to these Terms or the Service Agreement or in a manner that the Company determines to be inappropriate
(7) Allowing a third party to use the Service in breach of these Terms or the Service Agreement
(8) Using the Service while impersonating a third party
(9) Violating any law or regulation or public order and morals
(10) Discriminating against or defaming another person, or damaging another person’s honor or credit
(11) Conduct connected, or likely to be connected, to a crime such as fraud
(12) Registering images, documents, or other content that is obscene or constitutes child pornography or child abuse material
(13) Establishing or soliciting participation in a pyramid scheme
(14) Registering harmful data or computer programs, including computer viruses
(15) Using the Service for advertising, publicity, or solicitation, or registering information with the Service that contains expressions that are, or are likely to be, offensive to a third party
(16) Interfering, or being likely to interfere, with the provision or operation of the Service
(17) Registering information for the purpose of meeting strangers
(18) Posting a link in a manner or for a purpose that promotes conduct while knowing that the conduct falls within any of the preceding items
(19) Any other conduct that the Company determines to be inappropriate

Chapter 6: Warranties and Liability

Article 6.1 (Limitations of Warranties and Liability)

The Company provides the Service on an “as is” basis. If the Service or Software contains a defect, bug, or other fault, or if use of the Service is interrupted because of system overload, malfunction, or another cause, the Company is liable only to the extent provided in these Terms.
When the Company considers it necessary, it may change the content of the Service or suspend or discontinue the Service at any time without notice to Customers or Users. If the Company suspends or discontinues the Service, it assumes no liability to Customers or Users except for settling recurring fees paid monthly or on another periodic basis.
The Company makes no warranty concerning the completeness, usefulness, reliability, truthfulness, accuracy, reasonableness, operation, fitness for a particular purpose, compatibility with the equipment used, legality, non-infringement of third-party rights, or any other function or characteristic of the Service or Software. Customers and Users use the Service based on their own judgment and responsibility.
The Company assumes no responsibility for disruptions caused by force majeure, including a failure or malfunction of Hardware or servers used for the Service, a power outage, communications-line failure, or system failure. In such a case, User Information, Service Data, or other data concerning a Customer or User may fail to be collected or may be lost. Customers and Users understand that if such data is lost, missing, delayed, or otherwise affected by such an event, use of the Hardware may be restricted or the Hardware may be reset. Customers and Users shall not hold the Company responsible for such loss or other effects.
The Company shall take reasonable security measures consistent with industry standards to protect User Information and Service Data. Any loss caused by unauthorized access, theft, destruction, alteration, or similar conduct by a third party shall be resolved between the Customer or User and the third party that committed the conduct.
The Company has no obligation to back up User Information or Service Data. Customers and Users shall regularly back up User Information and Service Data at their own responsibility.
If a Customer or User connects an external storage device, such as a USB flash drive, to the Hardware and exports or writes data, or if the Hardware transmits data, the Company does not warrant that the external storage device or transmitted data is free of computer viruses and assumes no liability for any loss caused by such an infection.
If, through an action by a Customer or User, the Service calls another application or other software provided by a third party or uses any function of such an application or software, the Company assumes no responsibility for the specifications, operation, functions, or other aspects of that application or software, or for its connection to or integration with the Service.
The warranty for Company products included in the Hardware is governed by the warranty certificate or other document separately provided to the Customer by the Company.
The warranty for products included in the Hardware that are not Company products is governed by the manufacturer’s warranty. The Company makes no warranty concerning the specifications, performance, precision, reproducibility, accuracy of measurements, or other characteristics of third-party Hardware and assumes no liability for any loss caused by defects, malfunctions, inaccurate data, or other issues involving third-party Hardware.
Despite the preceding two paragraphs, measurements from sensors included in the Hardware, whether or not they are Company products, may be affected by the operating environment, conditions, deterioration over time, calibration status, and other factors. The Company assumes no liability for the completeness, usefulness, reliability, accuracy, or reasonableness of a sensor or its measurements, or for the results of a Customer’s decisions or actions based on them.

Article 6.2 (Response to Violations)

If the Company determines that conduct by a Customer or User violates these Terms or the Service Agreement, it may, without prior notice to that Customer or User, delete all or part of the User Information and Service Data, suspend or restrict use of the Service, or take any other measure it considers appropriate.
The Company assumes no liability for any loss caused by a measure taken under the preceding paragraph.
The preceding two paragraphs do not release Customers or Users from responsibility if the Company’s measure causes loss to the Company or a third party. If a Customer or User causes loss to a third party or creates a dispute with a third party by breaching these Terms or the Service Agreement, the Customer or User shall resolve the matter at its own responsibility and expense and shall not cause the Company to bear any liability. If another Customer, User, or third party seeks to hold the Company liable, the Customer and User shall resolve the dispute at their own responsibility and expense and shall not cause the Company to bear any liability.

Article 6.3 (Loss Caused by User Information or Other Data)

If User Information or Service Data interferes, or is likely to interfere, with the Service or the Company’s servers, the Company may, without obtaining prior consent from Customers or Users, itself or through a Contractor delete all or part of the User Information and Service Data or take any other measure it considers appropriate.
The Company assumes no liability for any loss caused by a measure taken under the preceding paragraph.
The preceding two paragraphs do not release Customers or Users from responsibility if the Company’s measure causes loss to the Company or a third party. Customers and Users shall not cause the Company to bear any liability for loss they incur as a result of that measure.

Article 6.4 (Compensation by the Company)

The Company is liable to compensate Customers and Users for loss arising in connection with the Service only if the Company is found to have acted intentionally or with gross negligence. The Company assumes no liability for loss arising from any of the following causes:
1. (1) Natural disasters such as earthquakes, tsunamis, lightning strikes, and floods; infectious diseases such as COVID-19, influenza, and avian influenza; war, including war outside Japan; revolution, riots, terrorism, and other civil disturbances; changes in laws or regulations affecting provision of the Service, particularly regulation concerning AI or personal information; accidents involving transportation services or communications lines; or other force majeure events
2. (2) Damage caused by a person other than the Company to the Hardware, a LoRaWAN^® base station, or other devices or equipment used for the Service (collectively, the “Service Equipment”)
3. (3) An accident caused by equipment or devices other than the Service Equipment
4. (4) A problem that occurs despite management in accordance with generally accepted technical standards at the time the Service Agreement was entered into, including a problem caused by a third-party attack on a server, a communications failure such as an internet outage, or a default by a server provider, including bankruptcy or equipment failure
5. (5) Inappropriate AI training caused by errors, bias, or similar issues in information collected through the Hardware
6. (6) Loss suffered by a third party other than a Customer or User
7. (7) An accident or other event whose cause cannot be identified
The Company assumes no liability for matters that these Terms assign to the responsibility of a Customer or User or for matters that the Company does not warrant or for which it disclaims liability under these Terms.
Despite paragraph 1, the Company’s liability is limited to ordinary loss directly suffered by a Customer or User. The Company is not liable for incidental, indirect, special, or future loss, or for lost profits. The maximum amount of compensation is the total Service Fees paid by the Customer to the Company during the preceding 12 months.

Chapter 7: Other Provisions

Article 7.1 (Confidentiality)

Each Customer, User, and the Company shall use technical, commercial, or other business information learned about the other party in connection with the Service, excluding User Information (the “Confidential Information”), only for the purpose of using the Service and shall not disclose or divulge it to any third party without the other party’s prior written consent. For the Company, “third party” excludes its Contractors. Information that a receiving party can prove falls within any of the following categories is not Confidential Information:
1. (1) Information already held by the receiving party without an obligation of confidentiality
2. (2) Information lawfully obtained from a third party without an obligation of confidentiality
3. (3) Information developed independently without relying on information provided by the other party
4. (4) Information that became public, before or after receipt, without a breach of these Terms or the Service Agreement
Despite the preceding paragraph, a Customer, User, or the Company may disclose Confidential Information that must be disclosed under applicable law or at the request of a competent public authority to the recipient required by law or to that authority. Unless prohibited by applicable law, the disclosing party shall notify the other party before disclosure. If prior notice is not possible, the disclosing party shall give notice promptly after disclosure.
Despite paragraph 1, when the Company considers it necessary, it may disclose Confidential Information of a Customer or User to its Contractors to the extent necessary and without the Customer’s or User’s prior written consent, provided that the Company requires those Contractors to comply with the obligations stated in this Article.

Article 7.2 (Exclusion of Antisocial Forces)

In these Terms, “Antisocial Forces” means any person or organization that falls within any of the following categories:
1. (1) An organized crime group as defined in Article 2, item 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members, or an affiliated organization
2. (2) A member of an organized crime group or affiliated organization described in the preceding item
3. (3) An organization or individual such as a sokaiya (corporate extortionist), a person claiming to advocate a social movement or political activity while acting as a racketeer, or a crime group specializing in intellectual crime
4. (4) In addition to the preceding categories, an organization or individual that pursues financial gain by making unjust demands using violence, force, threatening language, or fraudulent methods
5. (5) An organization or individual that pursues financial gain by making unjust demands while suggesting a relationship with an organization, member, or individual described in any of the preceding categories
The Customer represents and warrants the following to the Company:
1. (1) Neither the Customer nor any person who uses the Service through a User Account’s Login ID and Password is an Antisocial Force
2. (2) Neither the Customer nor any person who uses the Service through a User Account’s Login ID and Password has been an Antisocial Force
3. (3) The Customer will not use Antisocial Forces
4. (4) No director, executive officer, corporate officer, or other person substantially involved in management is an Antisocial Force or associates with Antisocial Forces
5. (5) No major shareholder or investor is an Antisocial Force or associates with Antisocial Forces
If the Customer discovers that it has breached the preceding paragraph, it shall report that fact to the Company immediately.
If the Customer breaches paragraph 2 or the preceding paragraph, or if there is a reasonable suspicion of such a breach, the Company may terminate the Service Agreement immediately without demand or other procedure and may seek compensation from the Customer for any resulting loss. If the Company terminates the Service Agreement under this paragraph, it is not liable to compensate the Customer or User for any loss caused by the termination.

Article 7.3 (Termination and Suspension of Use)

The Customer may terminate the Service Agreement by applying in the manner specified by the Company. The conditions of termination are governed by the conditions separately presented to the Customer by the Company.
If a Customer or User breaches these Terms or the Service Agreement and fails to remedy the breach after the Company demands that it do so within a specified period, the Company may terminate all or part of the Service Agreement by written or email notice. The Company may also temporarily suspend the Customer’s or User’s use of the Service until the breach is remedied.
If the Customer falls within any of the following categories, the Company may, without prior demand and by written or email notice to the Customer, temporarily suspend the Customer’s and Users’ use of the Service or terminate all or part of the Service Agreement:
1. (1) The Customer suspends payments or becomes unable to pay its debts
2. (2) A bill or check is dishonored
3. (3) A petition is filed for attachment, provisional attachment, or auction, or the Customer becomes subject to a disposition for delinquent taxes or public charges
4. (4) A petition is filed to commence bankruptcy, corporate reorganization, or civil rehabilitation proceedings, or serious concern arises about the Customer’s creditworthiness
5. (5) A supervisory authority revokes or suspends the Customer’s business license or imposes a similar disposition
6. (6) The Customer adopts a resolution for dissolution, reduction of capital, or transfer of all or a material part of its business
7. (7) An event similar to any of the preceding events occurs
The Company assumes no liability for any loss suffered by a Customer or User because the Company terminated the Service Agreement or suspended the Customer’s or User’s use of the Service under this Article.

Article 7.4 (Handling After the Agreement Ends)

Customers and Users may not use the Service after the Service Agreement ends.
Customers and Users agree that, after the Service Agreement ends, the Company may delete at its discretion all User Information, Service Data, and other data or information provided to the Company by a Customer or User. Customers and Users shall, at their own responsibility and expense, make timely backups of all necessary data and information. The Company assumes no liability for loss of Customer or User data or information.
If a Customer or User received any equipment or software from the Company for use of the Service, excluding Hardware purchased from the Company but including Hardware rented from the Company, the Customer or User shall return that equipment or software and all related materials, including copies of the software and materials, to the Company immediately after the Service Agreement ends.

Article 7.5 (Survival)

Articles 3.1 through 7.10 remain in effect after the Service Agreement ends.

Article 7.6 (Prohibition on Assignment)

Customers and Users may not assign to a third party all or part of their status under these Terms or the Service Agreement or any rights or obligations under these Terms or the Service Agreement without the Company’s prior written consent.

Article 7.7 (Severability)

Each provision of these Terms and the Service Agreement shall be interpreted so as to be valid to the fullest extent permitted by law. If any provision of these Terms or the Service Agreement is determined to be unlawful or unenforceable, that provision is invalid or unenforceable only to the extent of the illegality or unenforceability, without invalidating or making unenforceable the remainder of that provision or any other provision.

Article 7.8 (Exclusive Jurisdiction)

The Miyazaki District Court has exclusive jurisdiction as the court of first instance over any dispute between a Customer and the Company arising under these Terms or the Service Agreement.

7.9 (Governing Law)

The formation, validity, performance, and interpretation of these Terms and the Service Agreement are governed by the laws of Japan.

Article 7.10 (Good-Faith Consultation)

If a matter is not provided for in these Terms or the Service Agreement, or if any question arises concerning the interpretation of a provision, the parties shall resolve the matter through consultation in good faith.

Established and effective August 1, 2024

Revised October 19, 2025

Revised July 18, 2026