Web recorder SC5000 (Japan Only) 

Article 1 Application

1. The purpose of these Terms is to determine the rights and obligations between the Company and the User regarding the use of the Service, and applies to all relationships between the User and the Company regarding the use of the Service. The rules regarding the use of the Service posted by the Company on the Company's website configuration a part of these Terms.
2. In the event of any discrepancy between the contents of these Terms and Conditions and the rules in the preceding paragraph or other explanations of the Service outside these Terms and Conditions, the provisions of these Terms and Conditions shall take precedence.

Article 2 Definitions

The following terms used in these Terms and Conditions shall have the meanings set forth below:

• "User" refers to anyone who uses the Service.
• "ID, etc." refers to the ID, password, company name, name of person in charge, telephone number, postal code, address and email address that a User registration in accordance with the procedures specified by our Company in order to use this Service.
• "Intellectual Property Rights" means copyrights, patents, utility model rights, design rights, trademarks and other intellectual property rights (including the right to acquire such rights or to apply for registration, etc. of such rights).
• "Our Website" means the website operated by our company with the domain "chino.cloud" (including the website after any changes have been made to our website).
• "User Agreement" means these Terms and Conditions and any agreement or contract for the use of the Service concluded between the Company and the User.
• "Service Fee" means the fee for using the Service.
• "Product" means the product equipment provided by us for use with this Service.
• "Covered Equipment" means equipment owned or controlled by the User on which this Product is to be installed.
• "This Data" refers to the measurement data, operating status, location information, etc. of the target equipment acquired by this Product.

Article 3 Contents of the Service

This service stores the Data acquired by the Product on a server designated by our company and provides it to the User. Details of this service will be posted on our website.

Article 4 Hardware and other equipment

1. The User shall prepare, properly install, and use, at its own responsibility and expense, the Product and other hardware, smartphones and other devices, connection devices, communication means, Internet environment, software, etc., necessary to receive the provision of the Service. The Company shall not be liable for any preparation, installation, or use by the User.
2. The User acknowledges that depending on the User's Internet environment, etc., separate communication fees, etc. may be required to use or view the Service, and shall bear all such communication fees, etc.
3. Users acknowledge in advance that they may not be able to view or use parts of the Service depending on their Internet environment, etc.

Article 5 Service Fees

1. The service fee is as set forth in our separate fee schedule. If we provide the service free of charge for a set or indefinite period, the provisions of these Terms regarding the occurrence, change, or extinction of the service fee shall not apply until the said period arrives.
2. Unless otherwise specified in these Terms, we shall not be obligated to refund any paid service fees for the Service after the provision of the Service has begun, even if the Service is not available due to Articles 9 (Restrictions on Use) and 10 (Temporary Suspension of the Service).
3. In the event that the Company terminates the Service for any reason, the Company shall refund to the User the portion of the paid Service usage fee that corresponds to the remaining period at the time of termination in proportion to the number of remaining months. However, no refund shall be made for any portion less than one month.

Article 6 Period of Use of the Service

1. The service period for this service shall be one year from the start date of use as determined by our company after the user applies for a contract. However, if the start date of this service falls in the middle of a month, no usage fee shall be charged for the month in which this service is started. In addition, if the expiration date of this service falls in the middle of a month, the expiration date of this service shall be the last day of the month in which the expiration date of this service falls, and the usage fee for that month shall be the usage fee for one month.
2. If the User does not notify the Company in writing that he/she will not be extending the contract at least 30 days prior to the month in which the expiration date of the Service usage period falls, the usage period of the Service will be extended for another year, and the same shall apply thereafter.

Article 7: Rights to Use and Handling of Data

1. The User shall have exclusive rights to use the Data provided by the Company to the User through the Service, including the use, disclosure, transfer (including permission to use) and disposal of the Data.
2. Notwithstanding the preceding paragraph, the User agrees in advance that the Company may use this Data for the maintenance, management, improvement and enhancement of the quality of the Service, as well as for development of new future services.

Article 8. Data back up and storage period

1. Users are responsible for back up this data.
2. The Data stored in the cloud will be deleted after the period defined for each function has elapsed. After the Data is deleted, it cannot be restored.

Article 9 Prohibited acts in this service

1. When using this Service or this Product, the User must not engage in any of the following acts or acts that may be deemed to be such acts.
   1. Any act of illegally accessing or attempting to illegally access our network or system
   2. Transmitting or posting harmful computer programs, etc., or making them available for third parties to receive
   3. Fraudulent or threatening conduct against the Company, other users, or other third parties
   4. Providing benefits to antisocial forces
   5. Any act that places an excessive load on the network or system of the Service
   6. Reverse engineering or other analyzing acts regarding the Service or the Product, or modifying the Product
   7. Using the Service by impersonating our company or a third party
   8. Any act that interferes with or may interfere with the operation of this service
   9. Using this Service and this Product after the termination of this Service
   10. Neglecting to manage IDs, etc. related to this service, as well as disclosing, lending, sharing, leaking, etc. IDs, etc. to third parties
   11. Any act that damages the credibility of the Company or infringes on the Company's assets
   12. Any other acts that violate laws, regulations or public order and morals
   13. Any other actions that the Company deems inappropriate
2. If the Company determines that the User's actions in the Service fall under any of the items in the preceding paragraph, or are likely to fall under any of the items in the preceding paragraph, the Company may take measures such as suspending the use of the Service without prior notice to the User. The Company shall not be liable in any way for any damages incurred by the User as a result of measures taken by the Company pursuant to this paragraph.
3. If a User causes damage to the Company through any act falling under any of the items of paragraph 1 of this Article, the User shall compensate the Company for all damages suffered.

Article 10 Restrictions on Use

1. When a natural disaster or other emergency occurs or is likely to occur, the Company may restrict the use of the Service in order to give priority to communications necessary for disaster prevention or relief, for ensuring transportation, communications or power supplies, or for maintaining order or for other public interests.
2. If a User falls under any of the following items, we may suspend or restrict the User's use of the Service.
   1. When there is a delay in fulfilling the obligation to pay the service fee.
   2. When the User notifies the Company of a false fact. In addition, if there are any changes in the User's name, address, other contact information, or other information necessary for the Company to provide or suspend the Service to the User, charge the User for the service fee, etc., that the User has notified the Company of during the period of use of the Service, the User must immediately notify the Company.
   3. When the Company determines that the User has violated or is in danger of violating the provisions of Paragraph 1 of the preceding Article (Prohibited Matters in the Service)
3. The Company shall not be liable for any damages incurred by the User as a result of any measures taken by the Company pursuant to the preceding paragraph or the paragraph before that.

Article 11 Temporary Suspension of the Service

1. The Company may temporarily suspend the provision of the Service in order to update, conduct regular inspections, migrate servers, or perform other operations on the equipment owned or managed by the Company for providing the Service, after notifying users or publishing an announcement on the Company's website.
2. If the interruption of the Service pursuant to the preceding paragraph exceeds 72 consecutive hours, the Service usage fee shall be refunded on a pro rata basis for each 24-hour period in which the Service is unable to be used in its entirety. However, if 90 calendar days have passed since the day following the interruption without a refund request from the User, the Company shall not be obligated to make a refund.
3. The User acknowledges that the Service may be interrupted in the event of a disruption in the provision of services such as communication services and Internet-related services provided by third parties on which the Service relies. In such cases, the Company will not refund the Service usage fee in principle, but in exceptional cases where the Company has actually received compensation for damages from the third party providing such services, the Company will refund the Service usage fee equivalent to the period of interruption, up to the amount of such compensation.

Article 12 Ownership of Rights

Article 13 Disclaimer of Warranties and Indemnification

1. We do not guarantee that the Service and the Product will conform to the User's specific purpose, that it will have the expected functionality, commercial value, accuracy, or usefulness, or that the User's use of the Service and the Product will comply with the laws and regulations or internal rules of industry associations that are applicable to the User, or that there will be no malfunctions.
2. The User understands and agrees that the accuracy of the Data obtained by the Product and Service may not be guaranteed due to factors such as malfunctions of the target equipment, disruptions to the communication services provided by communication providers, and problems with providers that provide cloud services.
3. If the User causes damage to a third party in connection with the use of the Product or Service, the User shall resolve the matter at his/her own responsibility and expense. The same shall apply if the User suffers damage from a third party in connection with the use of the Product or Service or notifies a third party of a claim.
4. The Company shall not be liable for any damages incurred by the User in connection with the Service, such as interruption, suspension, termination, unavailability or change in the provision of the Service, suspension of the use of the Service by the User, malfunction of the Product, malfunction or malfunction of the Connected Device. However, this does not apply if the Company is intentionally or grossly negligent in the occurrence of such damage.
5. Even if the Company is liable for the damages set forth in the preceding paragraph for any reason, the Company shall not be liable for compensation for incidental, indirect, consequential, special, future damages, or lost profits, and shall be liable for compensation up to the price of the Product that caused the damages and one year's fee for the Service.

Article 14 Compensation for Damages

If a User causes damage to the Company or a third party through a violation of these Terms and Conditions, any guidelines, or the provisions of laws and regulations, or through intentional or gross negligence, the User shall be liable to compensate for such damage and shall indemnify the Company and third parties under all circumstances.

Article 15 Management of IDs, etc.

1. Users shall manage and store their IDs and other information at their own risk, and shall not lend, transfer, change the name of, buy or sell them.
2. Notwithstanding the preceding paragraph, if the Company gives prior consent, the User may allow a third party to use the Service using the User's ID, etc., on the condition that the third party complies with these Terms. In this case, the User shall be fully responsible to the Company for the actions of the third party.
3. The User shall be liable for any damages incurred as a result of insufficient management of IDs, erroneous use, or use by a third party, and the Company shall not be held liable in any way.
4. If a User discovers that their ID or other details have been stolen or used by a third party without their consent, they must immediately notify the Company and follow any instructions given by the Company.
5. If the ID, etc., contains personal information about the user, the Company may use such personal information for the purpose of providing the Service. The Company will properly manage the personal information of the user in accordance with the personal information protection policy (privacy policy) separately established by the Company.

Article 16 Cancellation of the Service

1. The User may cancel the Service Agreement by notifying the Company in writing (including by email) at least 30 calendar days prior to the month in which the User wishes to cancel (hereinafter referred to as the "Desired Cancellation Month"). In the event of cancellation under this section, the User shall pay the Service Fees up to the desired cancellation month to the Company. However, any Service Fees already paid shall not be refunded.
2. Our company may immediately terminate the service agreement for this service if the user falls under any of the following items. Furthermore, our company shall not be liable for any damages incurred by the user as a result of such termination.
   1. When a User whose use of the Service has been suspended or restricted pursuant to the provisions of Article 9 (Prohibitions in the Service) Paragraph 2 or Article 10 (Restrictions on Use) Paragraph 2 does not resolve the cause of the suspension within a reasonable period of time or when it is clear that the cause cannot be resolved.
   2. In addition to the cases listed above, when the User violates these Terms of Use and fails to remedy the violation within a reasonable period of time despite being notified by the Company.
   3. If our contract with the provider of the communication service or cloud service on which this service relies is terminated and it becomes difficult to continue the business of this service, we may cancel the contract for this service. In this case, upon request from the user, we will refund the portion of the paid service fee equivalent to the uncompleted provision of this service. However, the portion of the uncompleted provision of this service that is less than one month will not be refunded.

Article 17 Changes to the Service and Terms of Use

1. We reserve the right to change the content of the Service without prior notice to Users for the continued operation, improvement, or quality enhancement of the Service, or for other reasonable reasons.
2. In cases where these Terms and Conditions are subject to change pursuant to laws and regulations, they may be changed in accordance with the procedures prescribed by such laws and regulations.
3. In addition to following the changes set forth in the preceding paragraph, if a User uses the Service after we have notified the User of the changes to these Terms or published the changes to these Terms on our website, the User will be deemed to have agreed to the changes to these Terms.
4. If a User does not agree to the changes in Paragraphs 1 or 2 of this Article, the User must promptly notify the Company and discontinue use of the Service. In this case, the Company will promptly discontinue provision of the Service to the User. In this case, the User will be refunded the amount of the Service fee already paid for the Service that corresponds to the portion of the Service that has not been provided. However, the portion of the Service that has not been provided for less than one month will not be refunded.

Article 18 Force Majeure

The Company shall not be liable for any impact on the user caused by natural disasters, war, social unrest, strikes, fires, epidemics, power outages, failure of communication infrastructure, or other events that the Company determines to be impossible or extremely difficult to control.

Article 19 Inquiry Desk

Please contact the following for inquiries regarding this service:

【問い合わせ対応窓口】
チノークラウドサービス問い合わせ窓口　e-mail：cloud@chino.co.jp

Article 20 Transfer of status under the contract

1. Users may not assign, transfer, pledge as security, or otherwise dispose of their status under the Service Agreement or their rights or obligations under these Terms and Conditions to a third party without our prior written consent.
2. If the Company transfers the business related to the Service to another company, the Company may transfer to the transferee its status under the Terms of Use, its rights and obligations under these Terms, and User information, etc., and Users are deemed to have consented in advance to such transfer in this paragraph.
   In addition, the business transfer referred to in this section includes not only business transfers in the narrow sense, but also company splits and any other cases in which a business is transferred.

Article 21 Governing Law and Jurisdiction

The establishment, validity, interpretation and performance of these Terms and Conditions shall be governed by the laws of Japan.
Any disputes arising in connection with these Terms, the Product or the Service shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.