Terms of Use for Smart Plate Cloud
The conditions for the use of Smart Plate Cloud (hereinafter referred to as the "Service") provided by Aquabit Spirals Inc. (hereinafter referred to as the "Company") are as follows. The User of the Service is assumed, by your use of the Service, to have agreed on all of the contents of this Terms of Use (hereinafter referred to as the "Terms"). If you do not agree to these conditions, please do not attempt to use the Service.
These Terms are subject to amendment at the discretion of the Company without prior notice to the User. If the User continues to use the Service after such amendment of the Terms, the User is deemed to have agreed to accept the amendment and the amended Terms shall then apply.
1. Definition
The terms used in this Terms are defined as follows.
1.1 “User” refers to the person in the user registration made in accordance with the prescribed procedures of the Service。
1.2 “User ID” refers to the ID for login submitted by the User upon using this Service which has been registered to allow access to the Service.
1.3 “User Password” refers to the password for login submitted by the User upon using the Service that has been registered to allow access to the Service.
1.4 “Content” refers to the electronic information such as the URL registered in the Service.
1.5 “Plate” refers to the physical object with the identification information for content distribution (hereinafter referred as “Plate.ID”) that is registered to the Service which is obtained or purchased by the User. The Plate.ID refers to the electronic information and various signals which ensure the ID is in an identifiable state.
1.6 “Application” refers to the software that is required in order to get access to the Service. The usage of the aforementioned software is only available on the basis of the acceptance of this Terms.
1.7 “Server” refers to the equipment that contains the storage of electronic information including database or content information required to provide the Service which is owned by the Company or its subcontractor.
1.8 “Cloud System” refers to the software that operates on the server used in the Service provided upon the acceptance of this Terms by the User.
1.9 “Stored information” refers to the information that is automatically recorded and stored by the program in response to the usage by the User, access information and content of each Plate.
2. Service Agreement
2.1 The applicants of the Service (hereinafter referred to as the “Applicant”), having accepted this Terms, will proceed for application of the Service through the Company or our appointed distributors and follow their application procedure. Upon completion of registration for the various information required by us, you may use the Service when you receive the User ID and password and other necessary information for the Service. The service agreement is thereafter effective.
2.2 Notwithstanding the provisions of the preceding paragraph, an Applicant who falls under one of the following categories may not be eligible to enter into the aforementioned service agreement with the Company.
2.2.1 If there was a past violation which had triggered the cancellation, etc. of the use of the Service provided by us.
2.2.2 If the registered information required for the registration of the usage of the Application appears to be false or mistaken.
2.2.3. In addition, if the Company in its decision considers the User to be inappropriate.
3. Operation and management of registered information
3.1For the purpose of using the Service, the User is required to provide complete and accurate information during registration. If there is any changes in the User’s registered information, the User is required to edit the information to keep it up to date.
3.2 The User shall not lend or transfer the User ID and User Password to a third party.
3.3 The User must manage the use of the User ID and User Password at the User’s own risk and prevent any illegal use of the User ID and User Password by any third party. The Company is not liable to any damages that arise from the illegal use of the User ID and User Password by a third party. Any actions that are performed using the User ID will be regarded as the actions of the original owner of the ID.
3.4 If the Company suspects any fraudulent use of the User ID or User Password, the Company will invalidate all operations which use the ID without any prior notice to the User and the ID will be temporarily suspended for the Application. In which case, the Company will contact the User via your proper registered email address, etc. which may be reached. For the User without proper registered contact, after a certain period the Company shall be entitled to terminate and delete the User’s registration and terminate this Agreement and the Company shall not bear any responsibility for any loss from the termination or deletion of the User’s registration.
3.4 In the event the User forgets the information required for the Service such as User ID and User Password, etc or there is an unauthorized use of the User ID and User password by a third party, the User needs to contact the Company immediately and comply with the instructions given by the Company.
4. Termination of the Agreement
4.1 If the User wishes to terminate this Agreement, the User shall submit as per the procedure stipulated by the Company. The cancellation will require 30 days prior notice before the desired date. If the cancellation procedure is completed, User ID, User Password and all the contents and plate information registered by the User from the execution date of this Agreement until the last day of the subscription (hereinafter referred to as the "Used Period") will be deleted but the stored information kept in the Server within the Used Period will not be deleted.
4.2 The Company will not refund any amount of paid fees for the termination of this Agreement.
4.3 Notwithstanding the cancellation procedure by the User under section 4.1, if a violation or a risk of violation of this Agreement is found, the User’s subscription will be suspended and cancelled. Hence, the termination of this Agreement will be effected without giving any notice to the User.
4.4The Company will not be held liable to pay compensation for any damages that may arise from the termination of this Agreement under the preceding paragraphs. In the event fees have been paid for the period of service, refunds for the period of service shall not be available for the termination of this Agreement.
4.5 Please note that once the User’s registration is cancelled regardless of any reasons, information such as registered user registration information and plate information are not recoverable. In the event that the cancellation procedure or deregistration procedure is conducted by mistake, the aforementioned information shall remain unrecoverable.
5. Usage fees etc
5.1 The calculation method for monthly charges, annual charges or others charges for the subscription fee of the Service will depend on the duration of use or the content of the service plan upon registration or change of plan.
5.2 The User who has signed this Agreement is required to settle the bill issued which includes the subscription fees, cost of the Plate according to the subscription content and/or Plate.ID issue fee and/or the initial cost of the optional functions. The settlement must be made to the Company or any other appointed distributors prior to the due date and via the method of settlement stated in the bill.
5.3 The User is required settle the “Monthly Fee” or “Annual Fee” of the period of subscription or the period of the revised subscription plan or any other service fees. The settlement must be made to the Company or any other appointed distributors prior to the due date via the method of settlement stated on the bill.
5.4 If the User fails to settle the fees, which has been defined in this Terms in accordance with the provisions stipulated in section 4.3 of this Terms, the User’s subscription can be suspended and cancelled. The termination of this Agreement will then be effective.
5.5 During the usage period of the Service, in the event the User’s subscription is suspended and cancelled according to section 4.3, the User needs to pay the usage fees incurred for the period of the Service.
5.6 During the usage period of the Service, in the event the Service has been suspended or cancelled in accordance with section 9 of this Terms, the User is required to settle the fees for the usage period of the Service. The fee is calculated at the time of utilizing the subscription or utilizing the change of the subscription period. The fees cannot be claimed or adjusted on daily or monthly basis.
5.7 If the execution date of this Agreement is in within the period of the selected plan during subscription or change of plan, the calculation of the subscription fee for that month cannot be claimed or adjusted on daily or monthly basis and the new fees will be imposed on the following month after the subscription month.
5.8 If the termination date of this Agreement is within the period of the selected plan upon subscription or change of plan, the User has to pay the subscription fee for that month. The fees cannot be claimed or adjusted on daily or monthly basis.
6. The replication of the Plate is prohibited
6.1 Except under special circumstance with the consent of the Company, the User is not allow to remove the Plate ID which is attached to the Plate, read or save on a readable IC chip, save the Plate ID whether in one or two dimension bar codes on any special device or readable application or use other device under other communication specification to memorize, use and save by that communication device which can be accessible to electronic data.
6.2 If any replication of the Plate which is prohibited in accordance with the preceding paragraph is discovered, the Company shall immediately suspend the operation of the Plate without notice to the User. The Company shall not be liable for any damages suffered from such action.
6.3 Even if the operation of the Plate is suspended in accordance with the preceding paragraph, the User of the Plate is still required to pay the fees for the period of the Service which is calculated based on the usage fee according to the service plan upon registration or change of plan. The fees cannot be claimed or adjusted on daily or monthly basis.
6.4 An email to request for the immediate removal of a replicated plate will be sent to the registered email address of the User who has a replication of the Plate. For the User who is not contactable, we will send the warning through the system in the Application. If the replicated plate is not removed within 48 hours after the email request has been sent, the User’s registration will be suspended and cancelled. The Company shall not be liable for any damages caused by such action.
6.5 Although the operation of the Plate is suspended in accordance with the preceding paragraph, the User of the Plate is still required to pay the fee for the period of the Service which is calculated based on the usage fee according to the service plan upon registration or change of plan. The fees cannot be claimed or adjusted on daily or monthly basis.
6.6 Notwithstanding the replicated plate has been removed within the 48 hours mentioned in the replicate plate warning, the suspension of the service will still not be lifted under section 6.3. If the User still attempts to replicate the Plate again during that period, the User’s registration can be suspended and cancelled. The Company shall not be liable for any damages cause by such action.
7. The usage of publishing or analyzing stored information
7.1 As part of the open information on the operation status of our service, the stored information can be accessed and disclosed to others beside the User.
7.2 In order to improve the quality of the Service, we may share the stored information with third parties who wish to analyze it but who must be bound by an appropriate contract.
7.3 Upon implementing the preceding two paragraphs, the Company will handle the information properly based on a separate and defined privacy policy.
8. The User’s requirements etc.
8.1 It is the User’s responsibility and cost to install and maintain the mobile terminal, the communication environment and devices etc. for internet connection which are necessary for using the Service. If the Company finds any impropriety in the communication device or connection status, etc., the Company shall request the User to rectify the problems.
8.2 The Company shall not bear any responsibility for any damage caused by defect or failure due to the use of the mobile terminal and communication environment and communication device etc on the User’s part.
9. Discontinuance and suspension of the Service
9.1 The Company reserves the rights to provide and suspend the Service in part or fully at any time.
9.2 In the event the Company finds that some specified plates being concentrated to access during a short period and there is conspicuous change in the service situation, to avoid the risk of disturbance on the proper operation of the Service, the Company shall suspend the operation of the Plates temporarily without giving any notice to the User. In this event, an email will be sent immediately to inform the User at the User’s registered email address but for those User who are not contactable we will inform them through the system in the Application. The Company shall not be liable for any damages caused by the temporary suspension.
9.3 In the event one of the below events occur, the Company may at its discretion suspend or cancel the provision of the Service at any given time without providing prior notification to the User:
9.3.1 When a routine or urgent maintenance of the equipment of the Service is required.
9.3.2 When there is an intense load on the Server.
9.3.3 When unexpected circumstances such as fire, power failure etc. occur where it is difficult to maintain the Service.
9.3.4 When natural disasters such as earthquake, volcano eruption, flood, tsunami etc occur where it is difficult to maintain the Service.
9.3.5 When war, riot, mayhem, labour disputes etc occur where it is difficult to maintain the Service.
9.3.6 When the Company decides that there is interruption in the operation due to management, operation and technical issues and the Company needs to suspend the Service temporarily.
9.4 Notwithstanding anything herein provided, if the User suffers any damages due to the delay or suspension of the Service caused by the preceding paragraphs or any other reasons, the Company shall not assume any responsibility for the loss or damages suffered by the User. The User shall not be entitled to any refund for the remaining period of service after suspension of the Service.
9.5 The Company has no obligation to notify the User for any modification of the Service or name change of the Service.
10. Support for the User
If there are any queries regarding the operation of the Service etc, the queries can be made through enquiry in the Application or in the Cloud System. However, response may take some time if the queries were made besides through enquiry in the Application or in the Cloud System.
11. Protection of personal information
In order to provide a safe management of the information collected from clients, the confidential and personal information of the User will be handled with care based on a privacy policy besides this Terms.
12. Prohibited matters
When using the Service, the User must not engage in the following:
12.1 Acts that are in violation of any law and regulation, court judgment, decision and instructions, or any other acts that contravene the enforcement of any law and regulation.
12.2 Acts which may disrupt public order or good morality.
12.3 Acts that violate the Company or a third party’s intellectual property rights such as copyright, trademark, patent, privacy, design, etc and their rights under any other law and regulation or this Terms.
12.4 Offensive acts which include violent expressions, explicit sexual expressions, expressions on race, nationality, creed, sex and social status that lead to discrimination by family background and expressions that encourage suicide, self-inflicted injuries, drug abuse and other anti-social contention.
12.5 Acts of impersonating as the Company or any third party or intentionally spreading false information.
12.6 Acts of harassment and slander against any third party, sexual and other indecent acts, acts for the purpose of meeting and dating strangers of opposite sex or any acts which contravene the intended purpose of the Service.
12.7 Acts of support whether interest or cooperation in anti-social elements.
12.8 Acts of disclosure or offer of illegally collected personal information of others, registration information and usage history information etc.
12.9 Acts which interfere with the Service’s server or network system, fraudulent operations, acts intended to render the Service defective and acts which interfere with the operation of the Service by the Company or create problems for other users of the Service.
12.10 Acts to assist or perpetuate the acts mentioned in sections 12.1 to 12.9 above.
12.11 Any other acts that the Company determines to be inappropriate.
13. Disclaimer
13.1 The User is required to read this Terms, guidelines of the Service, policies etc thoroughly. The User must utilize the Service in the User’s own discretion and responsibility. The Company shall not be liable for any damages which arise from the usage or non-usage of the Service.
13.2 The Plate and Plate.ID provided by the Company and the Company’s appointed distributors or partner companies are necessary for the use of the Service. The Plate and Plate.ID may be changed according to operating specifications and sale or supply of products may be discontinued. The Company and the Company’s appointed distributors or partner companies shall not be liable for any damages that arise from such actions.
13.3 The Company shall not be liable for any damages caused by the User to the third parties. Any settlement of damages made by the User to any third party will only be made at the User’s own expense and the Company shall not be liable for any damages cause by such action.
14. Compensation of damages
In the event the User commits any fraudulent or illegal act that contravenes this Terms and damages the Company’s reputation, the Company is entitled to claim compensation from the User for such damage.
15. Intellectual Property Rights
The User’s rights to the usage of the Service are as prescribed in this Terms. Intellectual property rights for patents, trademarks, trade names etc belong to the Company and are not transferable. Without any prior written consent from the Company, the User is not allowed to use the Company’s trademarks, trade names etc for any commercial purpose.
16. Transfer is prohibited
16.1 The transfer, assignment and inheritance of the User’s position, rights and obligations under this Terms whether in whole or part to a third party is prohibited.
16.2 For further improvement of the Service, the Company may at its discretion transfer all or part of its business of the Service to a third party. If there is a transfer of all the Company’s rights and obligation through succession, sale, merger or others, the Company will send a notification email to the User. In the event the Company’s rights and obligation are transferred from the Company to a third party, the User is deemed to agree that the Company will have to disclose the User’s information including personal information.
17. Dispute resolution
When there are disputes arising from the interpretation of this Terms or any undefined matters regarding this Terms, the Company will discuss with the User in good faith for a resolution with the User.
18. The law and jurisdiction
18.1 This Terms is originally in Japanese language. Hence, it will be interpreted based on the law of Japan.
18.2 Any disputes that may arise from this Terms shall be submitted to the exclusive jurisdiction of the Tokyo district court.
Individual Provisions
1.1 Payment processing services for the User on the Payment Service are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User on the Payment Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Service enabling payment processing services through Stripe, you agree to provide the Payment Service accurate and complete information about you and your business, and you authorize the Payment Service to share it and transaction information related to your use of the payment processing services provided by Stripe.
1.2 The calculation method for usage fees of the Payment Service and payment commissions will depend on the content of the service plan approved upon registration or application.
1.3 The User shall settle the usage fees of the Payment Service and payment commissions to Stripe according to the Stripe Services Agreement.
1.4 If the User fails to settle the usage fees of the Payment Service and payment commissions, which has been defined in this Terms in accordance with the provisions stipulated in section 4.3 of this Terms, the User’s subscription can be suspended and cancelled. The termination of this Agreement will then be effective.
1.5 During the usage period of the Payment Service, in the event the User’s subscription is suspended and cancelled according to section 4.3, the User needs to pay the usage fees of the Payment Service and payment commissions for the usage period of the Payment Service.
1.6 During the usage period of the Payment Service, in the event the Payment Service has been suspended or cancelled in accordance with section 9 of this Terms, the User is required to settle the usage fees of the Payment Service and payment commissions for the usage period of the Payment Service.
1.7 In the case the User sells products or services using the Payment Service, the User shall comply with the Specified Commercial Transactions, the Pharmaceutical Affairs Law, the Act Against Unjustified Premiums and Misleading Representations, and other related laws and regulations. Regarding the notation based on the Specified Commercial Transactions, the User shall post a notice appropriately.
Concluded.
（with supplementary provision）
These Terms were effective as of April 1, 2015
Last updated on August 1, 2017
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Privacy Policy
Aquabit Spirals Inc. (hereafter "Aquabit Spirals') connects digital information with lifestyle to create a new value in developing a variety of services and businesses.
We have to handle many personal information in our business operation. Therefore, in order to ensure your use of our products and services in assurance, we hereby establish a privacy policy in regards to personal information protection to state our company's social responsibility.
Privacy Policy
As Aquabit Spirals obtain and keep customer's personal information so that we are able to perform our duties properly and offer better services, we will handle and hold personal information we receive from customers as follows:
1.As a general rule, we will inform the customer the purpose of use for the personal information in advance. The personal information will be used only for the purpose we informed.
2. We will acquire personal information in a fair and legal manner.
3. We will not disclose personal information to any third parties without customer's consent except as required by law.
4. When we share personal information with a third party, all users will implement proper and comprehensive safety control.
5. When we will handle personal information, we will try to take the necessary and appropriate measures for safety control.
6. When there is a request such as a notice for the purpose of use and the conditions for use, disclosure, correction, suspension of use, avoid to disclose to a third party by the person who gave the data, we will proceed according to law.
7. We follow Personal Information Protection Law to determine our standard policy on personal information protection in Aquabit Spirals and we will make the necessary improvements and reviews as and when necessary for personal information protection.
8. We will try to cope with a complaint or query etc. on the handling of personal information diligently.
Important matters regarding the administering of privacy policy
1. Type of collected personal data
We will collect various data including name, address, telephone number, email address, date of birth, credit card information, etc from our customers and business partners when you purchase of our products, participate in our event and seminar, register for the use of our services, make an enquiry to our Company, offer business to our Company, participate in business together with our Company or make contact etc. in relation to business.
2. The purpose of using personal data
Our Company use personal data for the improvement of our products and services, production, development and operation etc., payment collection, proper operation of our business and to create value etc.
Our Company use personal data to offer the latest product or service information to our customers and business partner.
Our Company may use personal data for confirmation of persons and to provide appropriate services.
Our Company may use personal data to send important notices in accordance to your purchase and service usage conditions or for changes in our Companyfs terms and conditions and policy.
3. Collection and the use of non-personal data
We may collect, use, forward and disclose non-personal data which is not directly connected to the identification of an individual person.
4. The type and usage of non-personal data
We collect and keep post code, residential area data, occupation, user language, time zone, terminal identifier, referral URL etc from the web browser for the environment variables etc., to provide appropriate information and services for optimizing the customerfs conditions of use and improving future services by analyzing the usage trend of the customer from the data to our best.
When the customer try to access web content etc. through the products and the services we provide, we may collect and keep the URL requested data which include search queries. However, except for record and maintenance of general operation environment such as web server etc., data connected to IP address which can identify a customer will be excluded.
Basically, we will not combine and connect non-personal data and personal data. In the event that we need to combine or connect them, non-personal data shall be dealt as personal data.
5. The collection and use of location data
Our partners and us, having entered into business and confidentiality agreements, may through our provided products and services collect, use, share, transfer and disclose the location data of the customerfs device.
6. The type and use of location data
Our partners and us, having entered into business and confidentiality agreements, may collect location data of GPS and Bluetooth, Wi-Fi hotspot information of the customerfs device, location data of mobile base station, location data by referring to IP address of the device, collect, keep and share current location data from the device used through other technology, to provide our customers with the most appropriate data and services according to their location data and to improve our services by analyzing our customers usage tendencies.
Basically, all these data will be processed as non-personal data which will not be combined or connected with personal data which may identify a customer. In the event that we need to combine or connect them, non-personal data shall be dealt as personal data.
7. The use of Cookie
In order to improve our services such as providing appropriate information and services which optimizes the customerfs usage tendencies, we will use Cookies or a similar technology.
Basically, all these information will be handled as non-personal data. They will not be combined or connected with personal data that can identify a customer. In the event that we need to combine or connect them, non-personal data shall be dealt as personal data.
Depending on the function of the browser etc. that the customer is using, the customer is able to decline the acceptance or transmission of data by cookies or any similar technology at any time. However, if the customer does not wish to use cookies or any similar technology, there is a risk that we may not be able to provide full, partial and/or proper services.
8.Outsourcing of personal data management and collection
For the purposes of claiming payment for our product sales; claiming payment for the use of our services or claiming payment in relation to business agreements, outsourcing mailing and delivery services to customers and business partners, conducting other businesses which we consider necessary to be conducted by our Company, we may outsource the collection and handling of personal data to a third party. In any event, we will solely manage personal data protection for the third party and us. At the same time, we will sign an appropriate agreement with the third party in order to supervise the third party so as to provide an appropriate management of personal data when necessary.
9.Providing personal data to a third party
Our Company will not disclose any personal data of customers and business partners to a third party without their consent. Notwithstanding, this does not apply when the disclosure of the customerfs personal data is required by law. This also does not apply when the disclosure of the customerfs personal data is for the purpose of statistical analysis whereby the collection and analysis of the customerfs personal data is processed in such a way that it does not reveal the identity of the customer.
10.The requirements for disclosure We will disclose the data immediately upon receiving the request from the subject for his personal data, purpose of use, condition of use of his personal data in the event of any requirement such as notice for the purpose of use and the conditions for use, disclosure, correction, suspension of use, avoid to disclose to third party etc.
When we receive a request for disclosure, we may require the party to submit official documents to verify his identity. In addition, the party may be required to pay the actual handling fee and charges for postage etc.
11.Revision of Privacy Policy
This privacy policy will be revised in accordance to any changes in the relevant laws and corporate environment. Please check regularly.
Supplementary Provision:
Effected on 18th February, 2015
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