This document was originally written in Japanese.
To the extent any translated version of this document conflicts with the Japanese version, the Japanese version supersedes.
TERMS AND CONDITIONS OF USE
1． About Us
1.1 We provide the service ("Service") to enable the foop users to set and monitor the conditions of the vegetables cultivated in the foop through the dedicated application. By selecting on the App (defined hereinafter) the kind of vegetable that you will be growing, the recommended cultivation environment for the vegetable grown in the foop will automatically be accommodated, and advice on the best timing to look after and the desirable cultivation environment for the vegetable in the foop will be provided to you through the Service.
1.2 The Service is provided to you by Addtron Technology (Japan) Inc. (“We", "Us").
2.1 We provide an online service through the dedicated application for foop (“App”) for monitoring and controlling the conditions of the vegetable cultivated in the foop including the number of days of cultivation, temperature, humidity, CO2, illuminance, moisture content and timing for harvesting (collectively “Content”). You will be able to access and check the cultivation conditions within any country where access to the Service is available even from outside of home.
2.2 Please read these Terms and Conditions of Use ("Conditions") before using the Service.
2.3 We can modify these Conditions at any time for any reason including, by way of example only, a change to applicable law or to ensure better functionality of the Service. You will be deemed to have read and understood (and agree to be bound by) these Conditions (as may be amended from time to time) when you use the Service. If you do not agree to the foregoing, please delete the App.
2.4 The Service is for your personal and non-commercial use only. When you register for the Service, we grant you a limited, non-exclusive, non-transferable, license to access the Service and to view the Content. Except for the foregoing limited license, no right, title, or interest shall be transferred to you.
2.5 Your registration with us is conditional on your subscription code or promotional code being valid (if applicable) and is at all times subject to these Conditions.
2.6 You agree that we may share information with third party rights holders in relation to the Content which is viewed by you when using the Service. Such information shall be shared on an anonymous basis.
2.7 We may terminate your registration for our Services at our sole discretion at any time for any reason including but not limited to non-compliance with these Conditions by you or due to you causing disruption to the Service.
2.8 Your registration will only cover access to the Service. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider.
3． Technical Requirements
3.1 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Service.3.2 We will use our reasonable endeavours to ensure that the Service is made available to you at all times. However, the Service is provided for the purpose of provision of the information on the cultivation status of the vegetables grown in the foop and advice thereon. We will not have any liability to you for the growth, quality, etc. of any vegetables grown in the foop by following the advice provided by the Service.
3.3 From time to time we may need to suspend the Service to carry out upgrades or maintenance. We will try to keep the duration of any such suspension to a minimum.
3.4 We will provide the Service with reasonable care and skill. Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer.
3.5 We recommend that you should check with your ISP for information on Internet usage charges.
3.6 The software used to deliver the Service may vary by device and medium, and functionalities may also differ between devices. You acknowledge that the use of the Service may require third party software that is subject to third party licenses.
4． Using the Services
4.1 We are the owner or licensee of all intellectual property rights in the Service (including any Content). All material, including but not limited to the design, text, software, graphics, footage and images you receive are subject to the copyright of us and/or others. You agree that you will:
(a) use the Service for non-commercial purposes only without making any gain, whether financial or otherwise, and that you will not permit any other person or persons to use the Service. You must not charge for viewing of the Service and you cannot use the Service to attract others to buy goods from you or anyone else or to attend any premises;
(b) not alter, disassemble, decompile or reverse engineer any part of the Service;
4.2 We retain the right to remove, or alter, any content made available through the Service at any time, without providing notice to you.
5． Your Security Protection
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Service and not through a hyperlink in an email or any other electronic communication, even if it looks official.
6.1 When using the Service, you may be asked to provide us with information including your name, your primary home address, your email address, your payment details and your preferences ("Personal Information").
6.2 We, whether directly or through third party suppliers, may collect the Personal Information in a number of ways, including but not limited to: (i) when you enter such information while using the Service; (ii) when you interact with our customer service team; (iii) when you participate in our surveys or marketing promotions; (iv) in relation to your account settings; and (v) when you otherwise provide information to us through the Service or elsewhere.
6.3 We, whether directly or through third party suppliers, will collect information regarding your use of the Service, including but not limited to: (i) your activity on the Service, such as vegetable selections, watch history (including location data) and search queries; and (ii) details regarding your interactions with customer services.
6.4 To evaluate the Service and ensure that we are providing vegetables and Service of interest to you, we may collect and store aggregated, pseudonymized statistical information regarding how you use the Service and including but not limited to: (i) status of the vegetables grown in the foop; (ii) your selection of vegetables; (iii) checked items; (iv) frequency and date and time of checking the status; and (v) correspondence with the vegetables in the foop.
6.5 We may also use Personal Information to develop demographic information of the Service users. Such aggregated information will not identify you personally. We may share this aggregated, statistical information with other CESTEC Group companies, our partners, sponsors, affiliates, and other third parties.
6.7 Subject to the applicable data protection laws, we reserve the right to access and disclose Personal Information to comply with applicable laws and lawful government requests or to protect ourselves or others. We may attempt to obtain your prior consent before disclosing the Personal Information, but, unless required by the applicable data protection law, we have no obligation to do so.
7． Liability and Indemnity
7.1 You agree to fully indemnify us and/or any third party rights holder and any affiliates of us and/or any third party rights holder and our and any third party right holders respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
(a) any misrepresentation, act or omission made by you in connection with your use of the Service;
(b) any non-compliance by you with these Conditions; or
(c) claims brought by third parties arising from or related to your access or use of the Service other than in accordance with these Conditions.
7.3 Commentary and other materials posted on the Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Service, or by anyone who may be informed of any of its contents.
7.4 To the extent permitted under the applicable law, unless agreed otherwise in writing, the maximum liability of each of us and any third party right holder to you arising by reason of or in connection with the supply of the Service to you shall be limited to the amount paid by you in respect of purchase of your foop (“Payment Amount”). Neither us nor any third party rights holder shall in any event be liable to you for:
(i) any direct loss in excess of the purchase price of your foop; or
(ii) any corruption to data or any indirect or consequential loss whatsoever.
7.5 Nothing in these Conditions shall exclude or limit the liability of us and/or any third party rights holder and death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
8． Third-Party Applications.
9． Force Majeure
Neither us nor any third party rights holder shall have any liability to you for any delay or failure to deliver the Service to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of us or any third party rights holder including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Service), telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Conditions.
11. Governing Law
These Conditions shall be exclusively governed by and construed in accordance with the laws of Japan and, to the extent permitted under the applicable law, you agree to irrevocably submit to the exclusive jurisdiction of the Tokyo District Court for the first instance.
Addtron Technology (Japan) Inc. is registered in Japan and having its registered office at 2-1-14, Shibadaimon, Minato-ku, Tokyo, Japan.