This user policy (“this user policy”) is to set the condition of use between the user (“user”) of this cloud service (“this service” including the service that follows) provided by SenSprout, Inc. (“we”, “our”, “us”) If one wishes to use this service as a user, he/she needs to read this user policy and to agree with it.
Section 1 (Content of the service)
The main purpose of this service is for the user with the sensors provided by us to download the data and manage cultivation.
Section 2 (Definition)
In this user policy, the following words mean the set meanings below unless there is another definition provided or should be understood otherwise because of context.
“Individual regulation” are documents other than this user policy with names such as guideline, policy or regulation displayed on the website or distributed to users.
“Content” is sentence, sound, music, image, program and other information, while content accessible through this service is “service content” and the content sent by the user through this service is “user content.”
“Intellectual property right” is copyright, patent right, utility model right, trademark right, design right and other intellectual property rights, and includes the right to obtain these rights and to apply for such rights
Section 3 (Application and changing of this user policy)
1. Application of this user right
The purpose of this policy is to set the condition of the use of this service between the user and us and is applied to any relationship related to the use of this service. The user must make an agreement that cannot be erased and use the service as set by this user policy. The user, by using this service, is considered to have made an agreement that cannot be erased.
2. Refusal of registration
When the person registering for the account following Section 1 applies to one of the following, we can refuse to issue an account. In these instance, we don’t have the obligation to explain the reason.
All or part of the information provided to us through the account registration is false, includes mistake, insufficient, against public order and morals, or will be offensive to others
Underage, adult ward, person under curatorship, or person under assistance, and does not have the agreement from legal representative, guardian, curator or assistant
Violated this user policy in the past
Other circumstances in which we decide it is inadequate
3. Using the service for another company
When the user uses this service for another company, the company needs to also agree to this user policy before using the service.
4. Individual regulation
When there is individual regulation, the user must follow the individual regulation in addition to this user policy, and the individual regulation is to be part of the user policy.
Section 4 (Registration, management and deletion of account)
1. Registration of account
In order to use this service, the user must agree to this user policy and by following the method set by us, the person using the service needs to register for the account of this service and maintain the account after it’s been issued. We will determine whether we can issue the account according to the standards set by us and when we decide to allow the issuing of the account, we will notify the user and the registration is complete.
3. Revision of registered information
When there is change in the information input at the time of registration, the user must always make revisions so that the information is always up to date.
4. Management of ID and password
The user must strictly manage under their responsibility the ID and password (“password etc.” issued for using this service so that they are not used illegally. When the user realizes that the password etc. is used by others or stolen, they must notify us and follow the instruction given by us. We will consider any action under the usage of the registered password etc. to be the act of the user themselves.
5. Prohibition of handing over the account
The account of this service belongs solely to the user. All of the use right of this service cannot be handed over, lent, changed name, sold or inherited to others.
6. Deletion of the account by the user
The user can delete the account and stop using the service anytime following the methods set by us.
7. Suspension and deletion of the account
If the user applies to any of the following items, we can temporary suspend the use of the service by the user or delete the account without prior notification or warning. In this instance, we will not accept any question or complaint about the suspension or deletion.
We decide that the user has violated this user policy
The registered information is not true
The user is under suspension of payment or insolvency, or the start of registration for bankruptcy proceeding, civil rehabilitation proceeding, company rehabilitation procedure, special liquidation or other proceeding related to bankruptcy is filed.
The user is antisocial forces (yakuza, member of yakuza, semi-member of yakuza, racketeer group, groups engaging in criminal activities under the pretext of conducting social campaign, anti-social group, or other such groups) or is maintaining, managing, collaborating or related to antisocial forces through actions such as providing funding
Applies to one of the items of the Section 2
Other circumstances which we decide is inadequate
8. Deletion of account
We may delete accounts without access for 1000 days without notifying or warning the user beforehand.
9. Death of the user"
When the user dies, we may delete the corresponding account. Also, when the user dies, we will assume that the user has withdrawn from this service and the rights and obligation the user had on this service belongs to the user only and will not be inherited.
Section 5 (Personal information)
Confirming of identification at the time of log in
Sending of the alert in cultivation management
Providing related product or service by us or this service
Creating statistical data in format in which individuals cannot be identified
Contacting the user
Section 6 (Prohibited action)
The user cannot conduct any of the following activities or activities that may be seen as one of the following. When we decide that the act of sending the information by the user applies or may apply to one of the following, we can delete all or part of the corresponding information without notifying the user beforehand. In this instance, we will not accept any question or complaint about the deletion. Also, we will not have obligation for any loss for the user caused by the action we take according to this section.
Against the law, judgment/ decision/ order from the court, or administrative measure with binding force
Against the public order and morals
Violating our or third party’s copyright, trademark right, intellectual property right like patent right, honor right, privacy right or other right or benefit of other law or contract
With purpose of meeting and dating unknown others of opposite sex, sexual act or obscene act
Sending expression that is excessively violent, obviously sexual, leading to discrimination of race, nationality, belief, sex, social status or ancestry, inducing or promoting suicide, act of self-harm or drug use, or other anti-social content that will make others feel discomfort
Intending to harass or criticize others
Sending computer virus and other malicious computer program
Pretending to be us or other third party
Intentionally sending false information
Selling, promoting, advertising, inviting or other for-profit actions
Supplying profit to anti-social group and other collaboration and relation actions
Inviting to religious activity or religious group
Illegally collecting, disclosing or sending third party’s personal information
Interfering and damaging the management of this service by us or the use of this service by other users
Encouraging any of the activities specified above
Other acts we decide to be inadequate
Section 7(Suspension, changing, or termination of this service)
1. Suspension of this service
We may stop all or part of this service without notifying the users beforehand when one of the following conditions apply.
Inspecting or conducting maintenance activity of appliances related to this service
Suspension of appliance or communication circuit of this service by accident
Fire, blackout, natural disaster or other situation that cannot be helped that prohibit or make it difficult to provide this service
Other condition when we decide it is needed
2. Changing of this service
We may change all or part of this service without notifying the users when we think it is necessary.
3. Termination of this service
We may end providing this service at our convenience. In this instance, we will notify the user beforehand.
4. Limitation of the user
We may limit the user of all or part of this service to age, presence of individual confirmation or other condition set by us.
5. Indemnity of us
We will not be responsible for any loss for user caused by our action in accordance to this section.
Section 8 (Assignment of the content and the intellectual property rights)
1. Intellectual property of this service
The intellectual property rights and other rights of this service lies in us (or those licensing to us), and allowing the user to user this service according to this user policy does not mean licensing of our (or those licensing to us’) intellectual property rights
2. Use by users
We grant the users non-possessive use right for service content provided by us with the only purpose being the use of this service and which cannot be transferred or re-licensed. User cannot use the user content beyond the usage planned by this service. (including reproducing, copying, changing, re-licensing to others and other forms of usage)
We don’t have the obligation to backup the service content or the user content. If needed, users are to backup the user content at their own cost and responsibility.
4. Use by us
We can use the user content without charge for indefinite period for our service or promotion (including duplication, copy, revision, re-licensing to others and other uses). Users are not to exercise moral rights of user for the use of user content by us following this item.
5. Checking of content
We can check the content of user content in order to check the compliance status of laws or this user policy.
6. Display of advertisement
We can display our or third party’s advertisement in this service.
Section 9 (Use of this service and responsibility of user)
1. Use of this service
User can use this service following this user policy and what is set by us in the period during which the user’s account is effectively registered in this service.
2. Preparation of necessary device etc.
Computer, smartphone and other devices, software, communication circuit and other network environment required to receive this service are to be prepared and maintained at user’s cost and responsibility. We will not guarantee that this service is compatible with any device etc.
3. Use at one’s own responsibility
User is to use this service at one’s own responsibility and is responsible for all actions and their results in this service.
4. Dispute with third party
Any dispute between the user and third party related to this service is to be solved at the user’s responsibility and we will not be responsible for any part of it.
5. Responsibility of compensation for damage
If we sustain (including when we get claim by third party resulting from the use by user) any direct or indirect damage (including lawyer fee ), the user is to immediately compensate following our claim.
Section 10 (Lack of guarantee and scope of our responsibility)
1. Lack of guarantee
Scope of our responsibility
2. We don’t offer any kind of guarantee for this service and we don’t ensure that this service has no actual nor legal defect.
We are not responsible for compensating any loss for the user by our suspension of providing, stop or change of this service, deletion of account, deletion or loss of user content, loss of data or breakdown of device and all other loss related to this service. Even if we are responsible for compensation for loss despite this item and our other regulations that define us not responsible for compensation for loss by service of Consumer Contract Act or other reason, our responsibility is only for the default on a debt from our fault or actually incurred direct and normal loss out of the loss for the user from illegal action, and the maximum amount is equal to the service fee paid by the user.
前項の規定に関わらず、当社は次の各号に掲げるいずれかの事由によりユーザーに発生した損害については、債務不履行、不法行為、その他法律上の請求原因を問わず賠償の責任を負わないものとします。 ⑴ 地震、台風、火災、噴火等の天変地異、暴動、内乱、法律の制定・改廃、争議行為、停電その他の不可抗力による場合。 ⑵ 前提環境条件の一部または全部の不備、使用不能または性能不良等ユーザーが整備すべき前提環境条件による場合。 ⑶ 電気通信事業者の提供する電気通信回線および電気通信サービスの障害による場合。
Section 11 (General terms)
Notification and contact from us to the user about this service will be carried out by posting to suitable place in the website run by us an other means we decide is adequate. We will not be responsible for any loss incurred from lack of or delay of notification or contact from us.
Notification and contact from the user to us about this service is to be done through the contact form placed in the suitable place inside the website run by us or other method designated by us. When there is notification or contact from the user, we are to be able to conduct identity verification through method defined by us. Also, regarding the method of reply to notification or contact from the user, we are to choose the best method case by case and the user cannot specify that method.
2. Prohibition of transfer
User cannot transfer, handover, carry out hypothecation, grant or conduct other means of disposal for the position in the contract following this user policy or the rights or obligation following this user policy without the agreement in advance in our document.
3. Transfer of service
When we transfer the service related to this service to third party (including transfer of service, split up of company or other cases where this service is transferred), the user’s position in the contract following this user policy, rights and obligation following this user policy and information registered for account registration and other information can be transferred to the recipient of this service and the user is to approve of this transfer in advance.
4. Possibility of split
Even when any of the item or part of any item of this user policy is judged to be invalid following the Consumer Contract Act or other law, the rest of the items or the remaining part of the item defined invalid will remain valid, the item or part of the item judged to be invalid will be revised to make it valid and it will be interpreted that the aim and the equal legal and economical effect of the item or part of the item judged to be invalid will be secured.
5. Item not defined
For any item not defined in this user policy or when there is doubt on the interpretation of this user policy, the user is to follow what is set by us. When this does not solve the situation, the user and we are to immediately seek a solution following uberrima fides.
6. Language, applicable law and jurisdiction
This user policy sets the Japanese version to be the official document and the applicable law is Japanese law. Any conflict regarding this user policy or this service sets the Tokyo District Court or the Tokyo Summary Court to be the exclusive agreed court of the first hearing.
(Set on April 13th, 2016)
(Updated on April 19th, 2017)