Terms of use

These Terms of Use (hereinafter referred to as the “Terms”) set forth the terms and conditions for the use of the software “AgriBus-NAVI” (hereinafter referred to as the “Application”), the service “AgriBus-Web” (hereinafter referred to as the “Service”), and the information and communications device “AgriBus-G+” (hereinafter referred to as the “Device”) provided by Agri Info Design, Ltd. (hereinafter referred to as the “We”, “Us” or “Our”).

1. (Definition)

  1. “Product” means, collectively, Application, the Services and the Device.
  2. “User” means the person who uses the Product.
  3. “Registered user” means the person who registers the User of the The Services and uses the Product.

2. (Use of the Application)

  1. The User must use the Application after agreeing to the Terms. We shall deem that it has consented to the Terms when the User has commenced the use of the Application.
  2. We shall grant to User a non-exclusive, non-transferable and non-sublicensable, unconditional, revocable licence for the sole purpose of User’s personal use to install and use the Application on a compatible terminal under which User may use the Application only to the extent that it relates to The Services in accordance with the Terms and the like.

3. (Acquisition of Information)

  1. We shall obtain User information as set forth below through the Application and use it for the purposes set forth below. User understands and accepts these.
    1 Terminal location information
    – For the realization of functions utilizing the present position
    – For the distribution of various information, advertisements and coupons
    – For the purpose of investigating and analyzing the status of use
    2 History of Application use and operations
    – For the distribution of various information, advertisements and coupons
    – For the purpose of investigating and analyzing the status of use
    3 ID generated by OS
    – For the identification of users
  2. We may provide such information as described in the preceding clause to companies other than Us only in situations in which individuals cannot be identified or processed into situations in which individuals cannot be identified. Statistically processed information may also be disclosed.

4. (Use of The Services)

The Services usage contract shall be established when the applicant submits an application through the Application and the application reaches the us. In addition, applicants for contract shall apply after agreeing to the contents of the Terms. The Company considers that the applicant has agreed to the contents of the Terms when the applicant has made an application.

5. (User Register)

  1. Prior to using the The Services, the User shall register the User by the method which We establishes.
  2. User shall, at its own risk, manage the The Services’s User IDs and passwords.
  3. Under no circumstances may User assign or loan User IDs and passwords to any third party. If a combination of User IDs and passwords is logged in with the registered information, We assumes that the User ID is used by the User registering it.

6. (Use of The device)

  1. The User must use the The device after agreeing to the Terms.
  2. A contract for the use of the The device shall become effective when the The device is turned on.
  3. When the The device is connected to the Application, information collected by the The device (e.g., the operating status of the machine with the The device) is sent to the Application.
  4. The device is equipped with a mobile phone network communication function, but this function is available only when the We has set separately and the usage fee displayed on the Our website has been paid.

7. (Improvement of the Environment for Use)

  1. User shall, at its own expense and responsibility, prepare and make available all communications device, software, and all other device incidental thereto that is required to use the Product. In addition, when using a Product, the User shall, at its own expense and on its own responsibility, elect at its option and connect to the Internet via telecommunications services or telecommunication lines.
  2. The User shall maintain security such as preventing the infection, unauthorized access, and information leakage of the Computer Viruses according to the conditions of its own use.
  3. We are not involved or liable in any way for the User’s usage environments.

8. (Use Fees and Payment Method)

  1. In the event the Product is used for a fee, the User shall pay the usage fee separately set forth by the We and displayed on the We website in a manner designated by the We as a consideration for the Product use. In addition, even in the event the usage contract is cancelled during the period of use, the usage fee already paid by the User shall not be refunded.
  2. We may fix the period of time available regardless of the payment set forth in the preceding clause for any campaign, probation period, or for any other reason. In such cases, the We may restrict some of the functions of the Product to the User.
  3. Even for the use stipulated in the preceding paragraph, the User must comply with these Terms of Use.

9. (Restrictions on Use and Cancellation)

  1. Notwithstanding any provision of the Terms, in the event the User determines that any of the following items is likely to apply, the We may, without prior notice, restrict the use of all or part of the Product or terminate the Product usage agreement with the User.
    1. In the event there is any false, omission, or error in the contents of the application for the usage contract.
    2. In the event the Product usage contract has been terminated by the We in the past.
    3. In the event of a failure to pay a Product usage fee.
    4. When he/she has violated the Terms.
    5. When an employee is a competitor in the same industry as We.
    6. In addition, in the event the We determines that the use of the Product is inappropriate.
  2. We shall not be liable for any damage caused to the User by the acts of the We under this article.

10. (Alteration or Abolition of Product)

  1. We may, at its own discretion, add or modify the product in order to improve the Product.
  2. We may suspend or discontinue the provision of the Product, in whole or in part, without prior notice to the User in the event the Product determines that any of the following reasons exist:
    1. Maintenance, inspection, or updating of computer systems for Product.
    2. When it becomes difficult to provide Product due to force majeure such as earthquakes, lightning strikes, fires, power outages, or natural disasters.
    3. Case where a computer or communication line has been stopped due to an accident.
    4. In addition, in the event the We determines that it is difficult to provide the Product.
  3. We shall not be liable for any prejudice or damage suffered by User or any third party due to the addition, modification, interruption or discontinuation of any Product whatsoever for any reason whatsoever.
  4. We may update the Application from time to time in order to improve, strengthen, repair and/or further development the Product. If deemed necessary by the Us for this renewal, it shall be permissible to dynamically install on the User’s usage environments without the express consent of the User on a case-by-case basis, and User shall agree that We shall deliver them to User (and User shall receive them) as part of User’s Product use.

11. (Prohibition)

User shall not engage in any of the following acts for the use of Product.

  1. Conduct that violates laws, regulations, or public order and morals.
  2. Acts related to criminal acts.
  3. To destroy or interfere with the functioning of Our servers or networks.
  4. Conduct that involves the distribution of information, device, software, etc., for canceling or avoiding access control functions, such as Our servers, etc.
  5. Act of replicating, modifying, reproducing, altering, modifying, reverse engineering, disassembling, decompiling, translating or analyzing the functions provided by the Product.
  6. Sell, assign, lease, license, disclose, distribute or otherwise transfer the Product in whole or in part or in any form to any third party so that such third party may use the same.
  7. The use of Product to provide hosting and merchandise to others and to provide merchandise to any merchant.
  8. Causing a third party other than User to use the Product.
  9. Using Product to store or transmit malicious codes.
  10. Using the Product to preserve or transmit infringements of rights, libel, or other illegal or illegal content, or that violate the right of privacy of a third party. Or to have a third party perform.
  11. Interfere with or confuse the integrity or performance of the data of third parties contained in the Product or Product.
  12. Attempting unauthorized access to the Product or related systems or networks.
  13. Acts which may interfere with the operation of the Our goods.
  14. Conduct that involves the collection or accumulation of personal information on other User.
  15. To act in any other User.
  16. Providing direct or indirect benefits to anti-social forces in connection with Our products.
  17. Conduct that excessively repeats electric overhead or similar inquiries for a long period of time or coerces a We to do something without obligation or reason, causing significant hindrance to its business
  18. Other conduct deemed inappropriate by the Us.

12. (Disclaimer)

  1. In the event any damage is caused to a third party by User’s use of the Product, the User shall compensate such third party for such damage at its own expense and liability.
  2. We shall not be responsible for the accuracy of any information obtained through the use of the Product, fitness for any particular purpose, or otherwise.
  3. We shall not be responsible for any damage arising from the information obtained through the use of the Product.
  4. We shall not be liable for any damage caused by unavailability of Product due to any failure, errors, or fault in the Product.
  5. We does not warrant that the Product will not be unauthorized access to or unauthorized use of the product environments.
  6. We shall not be responsible for any damage to the data used or stored by the User in the Product due to any external cause by the Product.
  7. We shall not be responsible for any transactions, communications, or disputes between the User and any other User or any third party in connection with the Product.
  8. We shall be exempted from liability for any reason whatsoever if it is not due to willful misconduct or gross negligence of the We. Even in the event of willful misconduct or gross negligence of the We, the liability for compensation shall be limited to an amount not exceeding 10,000 yen in the case of free goods and up to the amount of payment (equivalent to one month’s payment in the case of continuous goods) in the case of fee-based goods.

13. (Advertising)

We may display the advertisement on or in connection with the Product, and the User agrees that the advertisement will appear in connection with the Product. We shall not be liable for any losses or damages suffered by User as a result of the presence of such advertising on the Product.

14. (Personal Information of User)

Our privacy policy shall apply to User personal information (personal information as defined in the Personal Information Protection Law) that the We obtains in Product.

15. (Handling of Data)

  1. Registered user can accumulate data generated by the use of the Product (including data generated by inputting a Registered user) through the Application in the service environment provided by Us (hereinafter, the data stored by Registered user in the service environment is referred to as “User accumulated data”).
  2. Registered user shall be deemed to have granted to Us, and accepts in advance, the right (including the right to sublicense) to use the User accumulated data for the User accumulated data freely, without any restrictions whatsoever (including reproduction, publication, transmission, distribution, assignment, rental, translation and adaptation) by any person designated by Us or We, whether in Japan or abroad, without payment for consideration, until the expiration date of the term of the right Registered user may have with respect to the User accumulated data. Registered user shall not exercise such rights against We and any person designated by Us even if it has the moral rights of author pertaining to such User accumulated data.
  3. The Registered user acknowledges that the We are not obligated to save the User accumulated data and shall back up the required User accumulated data as Registered user from time to time.
  4. After the expiration of the The Services usage agreement, the We shall be entitled to delete the User accumulated data at the discretion of the We.
  5. Except for User accumulated data, all content and proprietary rights in the The Services belong to any third party under contract with Us or We.
  6. Registered user acknowledges that it is under a duty of confidentiality with respect to Us intellectual property learned through the The Services.

16. (Method of notice)

Notice or communication between the User and the We shall be made in the manner provided by the Us.

17. (Modification and Publication of Terms of Use)

  1. We may change the Terms at any time without notifying the User if it deems it necessary.
  2. We publish the then-current terms of use on Our Web site so that the User can verify the current terms of use.

18. (Governing Law and Jurisdiction)

  1. In interpreting this Agreement, the laws of Japan shall be governed.
  2. In the event of any dispute in connection with the The Services, the court having jurisdiction over the location of the head office of We shall assume exclusive jurisdiction.

 

(Revised June 5, 2019)