Software Information
Released Software
March 1, 2023 – Communication Tool Grape
Application Terms of Use
In the event of any discrepancy between the Japanese version and the English version of this Agreement, the Japanese version shall prevail.
Please carefully read the terms and conditions of this Software License Agreement and the Service Terms of Use (which follow the Software License Agreement). By using this application, you agree to be bound by these terms.
SOFTWARE LICENSE AGREEMENT
This Agreement governs the license for use of “Grape” (hereinafter referred to as the “Software”). Your use of the Software is conditional upon your acceptance of the terms set forth below. Please read them carefully in advance.
By tapping the “Agree” button, you are deemed to have accepted this Agreement. If you do not agree, you must not use the Software.
Article 1 (Copyright)
The Software is copyrighted by Nespe Co., Ltd. (hereinafter referred to as the “Company”) and/or its licensors.
The Company holds the rights necessary to license the Software to you.
No rights other than those expressly granted under this Agreement are conveyed to you. All rights, title, and interest in and to the Software remain with the Company and/or its licensors.
However, the copyrights of any third-party open-source software (hereinafter referred to as “OSS”) included in the Software are owned by the respective authors of such OSS, and this provision shall not apply to such portions.
Article 2 (License Grant)
Subject to compliance with this Agreement and the terms of the application distribution platform, you may use the Software on your mobile device. If you use a mobile device that you do not own and download the Software, you must obtain permission from the device owner in advance. Access to the Internet may incur charges when downloading or using the Software. Regardless of ownership of the device, you assume all responsibilities arising under this Agreement.
Article 3 (Restrictions on Use)
- Before using the Software, you must back up all important data stored on your device.
- You shall not reproduce the Software or accompanying documentation, except as necessary for backup or archival purposes.
- You shall not modify, alter, or transfer the Software.
- You shall not reverse engineer, decompile, disassemble, or analyze the Software.
- You shall not lend, lease, or otherwise provide the Software to any third party, whether for compensation or not.
- You shall not use the Software unlawfully or in violation of this Agreement, including unauthorized acts such as hacking or inserting malicious code.
- You shall not damage, overload, disable, or interfere with the Company’s systems or other users.
- Items 2 through 4 above shall not apply to OSS components to the extent permitted by their licenses.
Article 4 (Scope of Warranty)
- The Software is provided “as is.” You acknowledge that the Software has not been developed to meet your individual requirements and that it may not operate without defects under all circumstances. You are responsible for determining whether the specifications and functions of the Software meet your needs.
- The Company (including its affiliates for purposes of this Article) shall not be liable for any changes to or loss of data stored on your mobile device caused by defects in the Software.
- You may use the Software only for personal use within Japan. You may not use the Software for commercial, business, or resale purposes. If used for such purposes, the Company shall not be liable for any loss of profits, business losses, business interruption, or loss of business opportunities.
- The Company shall not be liable for any incidental or indirect damages, loss of remedies, loss of expected profits, or any other damages arising from the use or inability to use the Software.
- The Company shall not be responsible for adapting the Software to any operating environment that has been changed due to modifications or version upgrades of the operating system.
- The Company shall not be liable for any defects in the Software caused by your modifications or alterations, nor for any damages resulting therefrom.
Article 5 (Assignment)
１.You may not assign or transfer this Agreement or any rights granted under this Agreement, in whole or in part.
２.The Company may assign this Agreement without your consent in the event of merger, business transfer, or similar transaction.
Article 6 (Termination)
１.You may terminate this Agreement at any time by disposing of the Software (including all copies) and its accompanying documentation.
２.If you breach this Agreement, the Company may terminate this Agreement and your right to use the Software. In such case, you must dispose of the Software (including all copies) and its accompanying documentation.
Article 7 (Severability)
No provision of this Agreement shall require any act that violates applicable laws or regulations.
If any provision of this Agreement conflicts with applicable laws or regulations, such laws or regulations shall prevail, and the relevant provision shall be limited to the extent permitted by such laws or regulations.
Article 8 (Miscellaneous)
１.If you export the Software outside Japan, you must comply with Japanese Foreign Exchange and Foreign Trade Act, U.S. export control laws, and the laws and regulations of other applicable countries.
２.The Company reserves the right to modify this Agreement upon reasonable notice pursuant to Article 548-4 of the Civil Code concerning amendments to standard form contracts, where permitted by law.
Article 10 (Governing Jurisdiction)
The user and the Company agree that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance over all disputes arising from or relating to the use of the Software under this Agreement.
SERVICE TERMS OF USE
Article 1 (Purpose)
These Terms of Use (hereinafter the “Terms”) set forth the contractual conditions governing the use and provision of the application service “Grape” (hereinafter the “Service”) provided by Nespe Co., Ltd. (hereinafter the “Company”) between the user (hereinafter the “User”) and the Company.
The contents of the Service may be changed from time to time, including additions and deletions. Please refer to the Company’s website for details.
Article 2 (Commencement of Use)
1.You may use the Service subject to your agreement to and compliance with these Terms. By selecting “Agree,” you are deemed to have accepted these Terms.
2.After agreeing to these Terms, you may install “Grape” and use the Service by completing the prescribed procedures on the Service settings screen. You shall also register related information as instructed on the screen when necessary.
Article 3 (Additional Rules)
Separate usage conditions, methods, precautions, and other provisions relating to the Service, for which the Company obtains the user’s consent prior to use (hereinafter the “Additional Provisions”), shall form part of these Terms and constitute part of the contract between the user and the Company.
In the event of any conflict between these Terms and the Additional Provisions, the Additional Provisions shall prevail.
Article 4 (Amendments of Terms)
1.To the extent consistent with the general interests of users, not contrary to the purpose of these Terms, and considered reasonable, the Company may amend these Terms without obtaining user consent in the following cases, in accordance with Article 548-4 of the Civil Code. In such case, the Company shall notify users in advance on its website of the changes, the contents of the amended Terms, and the effective date.
(1) When required by laws or regulations
(2) When reflecting changes to systems or infrastructure used for the Service
(3) When improving, modifying, adding, or removing Service functions
(4) When necessary to enhance security
(5) When necessary to reflect organizational changes within the Company or its affiliates
(6) When otherwise deemed necessary for the provision of the Service
2.Notwithstanding the preceding paragraph, where applicable laws require user consent, the Company shall obtain such consent. If the user does not consent, some or all of the Service may become unavailable.
Article 5 (Costs)
1.Unless otherwise specified by the Company, the Service may be used free of charge.
2.Notwithstanding the above, the user shall bear all costs for relevant equipment, connected home appliances, smartphones/tablets, wireless LAN routers, wireless gateways, wireless adapters, and other communication devices, as well as network connection and communication fees.
Article 6 (Collection of Usage Information)
- The Company may collect the following information through the provision of the Service (collectively, the “Service Usage Information”), subject to prior user consent:
(1) Device information (device ID, IP address, configuration details, etc.)
(2) Smartphone/tablet information (OS version, model name, carrier, etc.)
(3) Configuration information for Grape and the smartphone/tablet
(4) Communication logs stored on the smartphone/tablet
(5) Operation and usage information of Grape - The Company shall use the Service Usage Information for the following purposes:
(1) Provision of the Service
(2) Recovery from communication errors and improvement of quality and performance
(3) Consideration of new products and functions
(4) Other purposes within the scope separately approved by the user - The Company may disclose the Service Usage Information to third parties in anonymized statistical form for the purposes described above.
Article 7 (Temporary Suspension of the Service)
The Company may temporarily suspend the Service without prior notice to users in any of the following circumstances:
(1) When regular or emergency maintenance of facilities related to the provision of the Service is required
(2) When the Service cannot be provided due to force majeure events such as fire, power outage, natural disaster, or other unavoidable circumstances
(3) When services provided by network service providers are interrupted for any reason
(4) When the Company determines that temporary suspension of the Service is necessary for other operational, management, or technical reasons
(5) When the Company amends these Terms pursuant to Article 4, Section 2, and the user does not consent to such amendments
Article 8 (Modification, Transfer, Suspension, or Termination of Service)
１.The Company may, without prior notice to users, make changes or additions to the Service and its content, as well as changes or additions to the conditions and environment necessary for using the Service (including those made for maintenance, construction, or other reasons). However, if such changes involve modifications to these Terms or other regulations, the provisions of Article 4 shall apply.
２.The Company may terminate or suspend all or part of the Service by providing advance notice for a reasonable period on the Service screen or website. In the event of suspension of all or part of the Service, the Company shall decide whether to resume such Service.
３.If a user does not consent to the amended Terms pursuant to Article 4, Section 2, the Company may suspend provision of all or part of the Service to such user.
Article 9 (User Responsibility)
１. Users shall operate, configure, and perform other actions with respect to relevant devices and connected home appliances through the Service at their own risk and responsibility. When operating remotely from outside the premises, users cannot verify the status of the relevant devices, connected home appliances, or their surroundings. Additionally, because the Service utilizes wireless communication, remote operation may not be available due to communication environment conditions, usage circumstances, network failures, or other factors. In some cases, this may result in death or serious injury to persons or damage to property. Users must verify in advance, at their own responsibility, that no adverse effects on persons or property will occur even if remote operation becomes unavailable.
2. Users shall be solely responsible for the installation, configuration, maintenance, and management (including but not limited to regular inspection, software updates, and security settings) of relevant devices, connected home appliances, smartphones/tablets, wireless LAN routers, wireless gateways, wireless adapters, and other communication equipment and communication lines necessary for using the Service.
3. Users shall bear all responsibility if they are unable to use all or part of the Service due to failure to follow the usage methods and procedures specified in these Terms or due to any other cause attributable to the user.
4. If users receive inquiries or claims from other users or third parties, or if disputes arise in connection with the use of the Service, users shall resolve such matters at their own responsibility and expense. However, if such inquiries or claims arise due to the Company’s willful misconduct or negligence, the Company shall resolve them or shall be liable for damages, including costs incurred by the user in responding to such inquiries or claims, in accordance with the Civil Code and related laws and regulations.
5. If users cause damage to the Company, other users, or third parties by violating these Terms in connection with the use of the Service, users shall be liable to compensate the damaged parties at their own responsibility and expense.
Article 10 (Prohibited Acts)
Users must not:
(1) Acts that infringe or are likely to infringe upon the intellectual property rights of others (including but not limited to copyrights (including moral rights), patent rights, trademark rights, design rights, and trade secrets)
(2) Acts that infringe or are likely to infringe upon the property, privacy, or portrait rights of others
(3) Acts that defame or slander others, or damage their reputation or credibility
(4) Criminal acts (such as fraud or obstruction of business) or acts that induce or incite such acts
(5) Acts of transmitting or posting obscene materials, child pornography, or images or documents related to child abuse
(6) Other acts that violate public order and morals or that the Company deems to significantly infringe upon the rights of others
(7) Acts that interfere with the smooth operation of the Service by the Company
(8) Acts of using the Service for commercial purposes
(9) Acts of unlawfully collecting, using, or exploiting data such as usage history of other users of the Service
(10) Acts of reverse engineering or other analysis of programs related to the Service, as well as acts of modification or alteration
Article 11 (Prohibition of Transfer of Rights)
Users may not assign, transfer, lend, sell, change registration, pledge, or otherwise encumber any rights or obligations under these Terms to third parties.
Article 12 (Suspension of the Service or Revocation of User Eligibility by the Company)
If the Company determines that the User falls under any of the following circumstances, the Company may immediately suspend the provision of the Service to such User or revoke the User’s eligibility:
(1).If the Company determines that the User has engaged in any of the prohibited acts set forth in Article 10;
(2).If the Customer violates these Terms or any related rules; or
(3).If the Company determines that the User’s use of the Service is otherwise inappropriate.
Article 13 (Termination of these Terms)
1.The User may terminate the use of the Service by following the prescribed procedures on the Service screen or on the Website.
At that time, the agreement between the User and the Company regarding the use of the Service shall be terminated, and the User shall thereafter be unable to use the Service.
2.Upon revocation of the User’s eligibility pursuant to Article 12, the agreement between the User and the Company regarding the use of the Service under these Terms shall be terminated at that time, and the User shall thereafter not use the Service.
Article 14 (Disclaimer)
１. The Company provides no warranties regarding the content of the Service or information provided to users through the Service, including its accuracy, completeness, reliability, usefulness, or the effectiveness of the user’s use of the Service. Users shall use the Service at their own risk and responsibility.
2. The Company shall not be liable for any damages, losses, or disadvantages (hereinafter “Damages”) suffered by users due to temporary suspension of the Service pursuant to Article 7, or modifications, additions, interruptions, suspensions, discontinuations, or terminations of the Service and its content pursuant to Article 8, except where such Damages are caused by the Company’s willful misconduct or negligence.
3. The Company shall not be liable for any Damages arising from actions taken at the user’s responsibility as provided in Article 9.
4. Except where caused by the Company’s willful misconduct or negligence, the Company shall not be liable for any malfunctions of home appliances or other equipment arising from the user’s use of the Service or for any other reason, nor for any Damages suffered by the user as a result of such malfunctions.
5. Because the Service utilizes a network, the Company does not guarantee that the Service will be available at all times. The Company shall not be liable for any Damages suffered by users due to the unavailability of the Service at a particular time, or resulting from the Service’s failure to start or terminate properly.
6. The Service is not intended for intrusion/theft prevention, childcare, elderly care, medical care, pet care, or similar purposes. The Company shall not be liable for any accidents or Damages arising from the use of the Service for such purposes.
7. Notwithstanding any provision of these Terms, the Company’s liability for Damages suffered by users or other third parties in connection with the Service shall be limited to the service fees paid by the user to the Company during the preceding one-month period (or, if no service fees were paid, the purchase price of the relevant device), except where such Damages are caused by the Company’s willful misconduct or negligence.
Article 15 (Governing Law)
These Terms shall be governed by the laws of Japan.
Article 16 (Jurisdiction)
The User and the Company agree that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance over all disputes arising out of or relating to the use of the Service under these Terms.
Nespe Co., Ltd.
Effective Date: March 1, 2023