The EverySense Pro Service Terms
Article 1 (Definitions)
These Terms set forth the fundamental terms and conditions applicable when customers (including but not limited to data providers and data purchasers, as described below) use the “EverySense Pro” service (hereinafter referred to as the “Service”) provided by EverySense Japan Inc. (hereinafter referred to as the “Company”).
Customers shall agree to these Terms in advance before using the Service. Depending on the method of using the Service, customers may be required to agree to separate terms of use established by the Company (hereinafter referred to as the “Individual Terms of Use”). In such cases, the Individual Terms of Use shall take precedence over these Terms.
Article 2 (Purpose of the Service)
The purpose of the Service is to provide a platform for the collection and analysis of information when customers use the web application operated by the Company for the Service (which operates in conjunction with the Service and is hereinafter referred to as the “Application”). The Service and the Application are collectively referred to as the “Service, etc.”
Article 3 (Use of the Service)
1. Customers (for minors, the consent of a parent or other legal guardian must be confirmed by a method specified by the Company; the same shall apply hereinafter) may use the Service on a non-exclusive and non-transferable basis in accordance with these Terms.
2. If the agreement between the Company and the customer under these Terms is terminated for any reason, the customer shall no longer be able to use the Service. In such cases, the customer shall immediately cease using the Service.
3. There are two types of usage methods for the Service, as specified in the following items. By registering for the Service, customers may use both methods.
(1) Data Provider
A usage method in which data is provided to third parties (Data Users).
(2) Data User
A usage method in which data is obtained from Data Providers.
4. The use of the Service requires payment of fees, including an annual service fee and compensation for data provision as specified in the following article (both excluding consumption tax; the same shall apply wherever consumption tax is applicable). The specific fees and payment methods shall be determined in accordance with these Terms and the fee schedule separately established by the Company.
Article 3-2 (Compensation for Data Provision)
1. A Data User may receive data from a Data Provider by paying the prescribed compensation through the Company. The provision of data shall be carried out by the Data Provider uploading the data to a server designated by the Company. The Data User must download the data within the period specified by the Company; if the data is not downloaded within the specified period, the Data Provider must be requested to re-upload the data.
2. If a dispute arises between a Data User and a Data Provider regarding the existence, validity, or conformity of a contract related to purchased data, including cases where the downloaded data is defective, the Company may exclude the relevant data from the compensation aggregation specified in Paragraph 5 for as long as the Company determines that a dispute regarding the performance of the contract between the Data User and the Data Provider is ongoing.
3. A Data User shall apply for the purchase of data only after understanding the conditions set by the Data Provider, including those displayed on the product data detail screen.
4. If the customer is a Data Provider, and a Data User applies for the purchase of data through the Service and the data is actually provided to the Data User, the Company shall pay the Data Provider the compensation separately determined by the Company, regardless of whether the Company has actually collected the compensation from the Data User.
5. The compensation for data provision as stipulated in the preceding paragraph shall be paid according to the following procedures:
(1) Data provision shall be aggregated on a monthly basis, with a closing date of the 15th of each month, based on the date the Data Provider uploads the data. The relevant month for aggregation shall be referred to as the “Current Month.”
(2) The compensation payable to the Data Provider shall be aggregated and finalized based on the last day of the Current Month.
(3) The finalized compensation shall be paid by the Company to the Data Provider by the end of the month following the Current Month. At this time, the Company shall deduct 10% of the compensation as a service fee. Accordingly, the amount payable to the Data Provider (hereinafter referred to as the “Provider Compensation”) shall be 90% of the finalized compensation amount (hereinafter referred to as the “Provider Compensation Base Amount”). The Provider Compensation shall be paid by bank transfer to the account designated by the Data Provider. The transfer fee shall be borne by the Data Provider, and the final Provider Compensation amount shall be the Provider Compensation Base Amount minus the transfer fee.
(4) The Company shall invoice the Data User for the finalized compensation determined in (2). The payment due date for such compensation shall be the end of the month following the Current Month, and the payment shall be made via bank transfer to the account designated by the Company. The transfer fee shall be borne by the Data User.
Article 3-3: Termination of the Agreement by the Customer
1. If a Customer wishes to terminate the Agreement under these Terms, the Customer shall complete the termination procedure in accordance with the method prescribed by the Company. The Agreement shall be deemed terminated upon the completion of the termination procedure. In such cases, the Customer shall be responsible for confirming any termination-related notifications from the Company.
2. Even if the Customer terminates the Agreement in accordance with the preceding paragraph, the Company shall not refund any compensation already received for the provision of data.
3. Upon termination of the Agreement by the Customer pursuant to Paragraph 1, the Company may delete the Customer’s information.
Article 4: Registration and Management of Login Accounts
Customers shall be responsible for registering and managing their login accounts and passwords used for the Service. The Company shall not be liable for any damages arising from insufficient management, misuse, or use by third parties.
Article 5: Handling of Personal Information and Privacy
1. Customer registration information and any information obtained by the Company regarding the customer (hereinafter referred to as “Personal Information, etc.”) shall be handled in accordance with the Privacy Policy.
2. As a general rule, Personal Information, etc., is obtained by the Company when customers register for and use the Service. However, if a customer uses the Service as a data provider, the provision of Personal Information, etc., to data purchasers shall be subject to the methods, procedures, and items stipulated in the Privacy Policy, and the Company shall obtain the data provider’s consent for each individual provision.
3. The Company may use and disclose the acquired Personal Information, etc., in a statistical form that does not identify individuals.
Article 6: Registration Review and Usage Restrictions
1. Customers may not use the Service, etc., without prior written or electronic approval from the Company following a registration review. This registration review includes an assessment of the customer’s business plan and creditworthiness.
2. Use of the Service for religious or political activities is strictly prohibited.
Article 7: Changes and Suspension of the Service
The Company may modify or discontinue the Service at its discretion. Additionally, in the event of disasters, accidents, emergencies, maintenance of facilities related to the Service, or other operational or technical reasons that the Company deems necessary, the provision of the Service may be interrupted, suspended, or terminated.
If the Company determines that it is necessary to interrupt, suspend, or terminate the Service, it will notify customers in writing or by email as soon as technically feasible. However, unless the Company is found to have acted with intent or gross negligence, it shall not be liable for any damages incurred by customers or third parties due to changes, interruptions, suspensions, or terminations of the Service at the Company’s discretion.
Article 8: Equipment, etc.
1. Customers may need access to the internet to use the Service. Customers are responsible for preparing and operating the necessary equipment and software at their own expense, and the Company does not provide support regarding internet access setup or methods. Additionally, any communication costs incurred while using the Service shall be borne by the customer. Unless otherwise agreed in a separate contract, the Company is not obligated to provide any technical support, maintenance, or response to improvement requests related to the Service.
2. Some applications within the Service require device registration. In such cases, the application cannot be used on devices other than the registered one.
Article 9: Disclaimer
The Customer shall use the Service at their own risk and agrees in advance to the following terms:
1. No Guarantee of Functionality
The Company does not provide any guarantees regarding the functionality, compatibility with user devices, or suitability of the Service. The Company shall not be liable for any loss or damage incurred by the Customer due to the use of the Service, except in cases of willful misconduct or gross negligence on the part of the Company.
2. Customer-Recorded Information
The Company does not guarantee the secure storage of information recorded by the Customer through the Service. The Customer is responsible for backing up such information using appropriate means to prevent data loss. The Company does not provide independent backup solutions for the application. The Company shall not be held liable for any loss of recorded information, in whole or in part, unless such loss is caused by the Company’s willful misconduct or gross negligence.
Article 10: Copyrights, Property Rights, and Other Rights
1. Intellectual Property Rights
The copyrights, trademarks, and other proprietary rights (hereinafter referred to as “Intellectual Property Rights”) related to the programs, images, music, trademarks, and other elements contained in the Service (hereinafter referred to as “Content”) belong to the Company or third parties from whom the Company has obtained licenses. The use of the Service does not imply any transfer or granting of these rights to the Customer.
2. Restrictions on Use
The Customer shall not use or exploit any Content for which the Intellectual Property Rights belong to the Company or its licensors without obtaining prior permission from the Company or the respective right holders.
3. Prohibition of Assignment
The Customer shall not assign, lend, transfer, pledge, or otherwise dispose of their status under these Terms.
4. Prohibition of Modification and Reverse Engineering
The Customer shall not modify, alter, reverse compile, disassemble, or engage in reverse engineering of all or part of the Service or Content.
4-2. Data Provider’s License
The Data Provider grants permission to provide data to the Data Purchaser within the scope of the Service. The Data Provider guarantees, to the best of their knowledge, that the data provided through the Service does not infringe on the Intellectual Property Rights, privacy, honor, or other personal rights or interests of any third party.
4-3. Compliance with Laws
The Customer guarantees that their handling of data will not violate the Act on the Protection of Personal Information (Act No. 57 of 2003) or any other applicable laws and regulations, including guidelines established by relevant authorities.
5. Limitation of Liability
The Company shall not be liable for any damages incurred by the Customer due to violations of Sections 1 to 4-3 of this Article. Additionally, if the Customer obtains any benefit through intentional or grossly negligent acts in violation of these terms, the Company reserves the right to claim an amount equivalent to such benefit.
5-2. Liability for Damages and Public Disclosure
If the Customer engages in any act in violation of Sections 4-2 or 4-3, causing damage to the Company, the Company may claim compensation for the actual damages incurred. Furthermore, the Company reserves the right to publicly disclose the nature of the violation and the Customer’s company name on its website and to take immediate action as stipulated in the following Article, Section 2.
Article 11: Prohibited Activities
1. Prohibited Acts
Customers are prohibited from engaging in the following activities while using the Service:
(1) Unless explicitly permitted by law, reproducing, transferring, distributing, reselling, or storing for such purposes any information provided by the Service without the prior consent of the Company.
(1-2) Contacting or attempting to contact other customers using methods not permitted by the Service to directly provide or purchase data from each other, with the intent of evading payment to the Company for data transactions.
(1-3) As a Data Provider, falsifying or failing to declare essential details about the data provided, including but not limited to collection purpose, data source, collection method, permission process, and data processing details.
(2) Violating these Terms (including misrepresenting eligibility under Article 3, Paragraph 1, such as falsely registering as being 18 years or older).
(3) Engaging in activities that violate laws or public order and morals.
(4) Infringing upon the intellectual property rights or other rights of the Company, other customers, or third parties.
(5) Defaming, damaging the reputation of, or violating the privacy of the Company, other customers, or third parties.
(6) Interfering with the operation of the Service or related Company activities, or damaging the Company’s reputation.
(7) Engaging in any other activity that the Company reasonably deems inappropriate.
2. Consequences of Violations
If the Customer engages in any of the prohibited activities listed above, the Company may, without prior notice, take appropriate actions such as suspending the Customer’s use of the Service, restricting access to the Service, or other measures deemed necessary. The Company shall not be liable for any damages incurred by the Customer due to these actions unless the Company is found to have acted with intent or gross negligence.
2-2. Compensation for Damages and Public Disclosure
If the Customer engages in conduct that violates Section 1-2, causing damage to the Company, the Company reserves the right to claim compensation for the actual damages incurred. Additionally, the Company may publicly disclose the nature of the violation and the Customer’s company name on its website and immediately implement the measures outlined in the previous paragraph.
3. Liability for Damages Between Customers
If a Customer causes damage to another Customer while using the Service, the Company may, notwithstanding Article 5, provide both parties with the necessary information for dispute resolution, to the extent reasonably possible.
Article 12: Termination of the Agreement Between the Company and the Customer
The agreement between the Company and the Customer under these Terms shall terminate without the need for any notice or other procedures in the following cases. Even after termination of the agreement, Article 3, Paragraph 2, Article 5, Article 7, Article 8, Article 9, and Article 15 shall remain in effect.
1. If the Customer violates these Terms or any other agreements with the Company.
2. If the Company discontinues the Service pursuant to Article 7.
3. If the Company determines that the Customer falls under the category of an anti-social force (including but not limited to organized crime groups, organized crime group members, quasi-members of organized crime groups, companies affiliated with organized crime groups, corporate racketeers, groups engaging in social movements under false pretenses, special intelligence violent groups, or any other similar entities) or is involved in maintaining, operating, or financing such groups.
Article 13: Compliance with Laws and Regulations
The Customer shall comply with all applicable laws and regulations, as well as any guidelines published by the relevant regulatory authorities, when using the Service (including but not limited to the promotion and distribution of this application and any other actions necessary for the use of the Service).
Article 14: Amendments to These Terms
1. The Company may amend these Terms, in whole or in part, as necessary. In cases where such amendments are deemed to be in the general interest of the Customers or are reasonable in light of the purpose of these Terms, considering the necessity and appropriateness of the amendments, the Company shall announce the revised Terms and the effective date (at least 10 days in advance) on the Service’s website.
2. If an amendment to these Terms does not meet the conditions set forth in the preceding paragraph, the Company shall obtain individual consent from the Customers, clearly indicating the changes before applying the revised Terms.
Article 15: Governing Law and Jurisdiction
These Terms shall be interpreted in accordance with the laws of Japan. In the event that litigation becomes necessary in relation to these Terms, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
Established: June 11, 2018
Revised: August 17, 2018
Revised: March 15, 2019
Revised: May 17, 2019
Revised: March 15, 2024
EverySense Japan Inc.