Terms of Use of HOMETACT Application

These Terms of Use of HOMETACT Application (the "App Terms of Use ") stipulate the terms of use of HOMETACT (the "App"), an application for smartphones which is required to use the smart home services (the "Service") provided by Mitsubishi Estate Co., Ltd (the “Company”). Users of the App (the “User(s)”) shall comply with these App Terms of Use. Unless otherwise specifically provided for in the App Terms of Use, the definitions of the terms used shall be as set forth in the "Terms of Use of HOMETACT Service" and the "Terms of HOMETACT Service Agreement" (collectively, the "Terms of Use of Service").

The Company may amend these App Terms of Use without obtaining the consent of Users. When the Company makes such an amendment, the Company shall post the revised App Terms of Use on the screen of the App pursuant to Article 12, and such revised terms shall come into effect at the time of such posting.

1. The App is an application that enables use of the Service in cooperation with the Designated Equipment, etc. as provided for in Article 2 of the Terms of Use of Service. The App may be used by customers who have executed the Service Use Agreement or the Service Provision Agreement (the " Service Use Agreement Customers") and by customers who use the Service based on the eligibility requirements for Service Use Agreement Customers, pursuant to the Terms of Use of Service.
2. The User shall use the App by downloading it from the site that provides the App and by installing it in the communications equipment which he or she has prepared, upon giving consent to these App Terms of Use.
3. The User shall, at his or her own expense and responsibility, prepare and maintain communications equipment, software, communications lines, and the communications environment as necessary for the App.
4. The User shall properly use and manage the App and any other software with the care of a good manager, and shall not lend, transfer, or license it to a third party.

There is no usage fee for the App, but Internet connection fees and communications fees, etc. required when using the App shall be borne by the User.

1. The Company may discontinue provision of the App, in whole or in part, in the following cases:

   (1) When unavoidable for the purpose of maintenance, construction, or service provision of the facilities relating to provision of the App;
   (2) When all or part of the App does not operate normally, and it is extremely difficult to continue providing all or part of the App;
   (3) When it is determined that normal provision of the App is impossible due to the occurrence of natural disaster or other state of emergency;
   (4) When the User has committed any act in violation of these App Terms of Use or the Terms of Use of Service;
   (5) When it has become difficult to provide the App due to a request based on law or regulation, etc.; or
   (6) When the Company otherwise determines it necessary to discontinue provision for administrative, operational or technical reasons.

2. When suspending provision of the App in accordance with the provisions of the preceding paragraph, the Company will notify the Users to that effect in advance; provided, however, that this shall not apply in an emergency or unavoidable circumstances.
3. The Company assumes no liability for any damage which the User suffers as a result of suspension of provision of the App.

The Company may terminate the App, in whole or in part, or modify the content of the App, without prior notice to Users.

1. Upon the provision of the App, the User shall strictly manage the IDs or passwords, etc. which he or she has registered ("the IDs, etc.") to prevent leaks to third parties, and shall not disclose, lend or share, IDs or passwords to or with any third party (including any change of password). Furthermore, any use of IDs, etc. of the User by a third party shall be deemed to be use by the User.
2. In the event the User or any other third party suffers any damage due to negligent management, errors in use, or use by a third party, of IDs, etc., the Company shall assume no liability and the User shall resolve such matters at his or her own responsibility and expense.
3. In the event the Company suffers any damage due to negligent management, errors in use, or use by a third party, of IDs, etc., the Company may claim compensation from the User.

1. Users shall not engage in any of the following acts in connection with use of the App:

   (1) Acts that infringe the rights and interests of the Company or any third party, or acts that are at risk thereof;
   (2) Acts in violation of law, regulation or ordinances, etc. or acts contrary to public order and morality, or acts that are at risk thereof;
   (3) Criminal acts or acts similar thereto, or acts that are at risk thereof;
   (4) Unauthorized use of another person's IDs, etc. or acts similar thereto;
   (5) Causing another person to use the IDs, etc. of a User, or transfer, change of name, sale or purchase of the IDs, etc., of a User, or acts similar thereto;
   (6) Use of the App for commercial purposes or for any purpose other than use of the Service;
   (7) Reproduction, modification, editing, etc. of all or part of programs, software, etc., which are included in the App;
   (8) Any attempt to reverse engineer, decompile, disassemble, decrypt, or discover source code with regard to all or part of programs, software, etc. which are included in the App;
   (9) Acts such as creating, using, transmitting or posting of computer programs such as computer viruses that infringe, or are at risk of infringing, the rights or interests of others;
   (10) Acts causing malfunction of the App;
   (11) Acts of using, creating or distributing external effect tools that use a bug not normally intended by the App or that have an effect not normally intended;
   (12) Act of imposing an excessive load on the server of the App;
   (13) Use of the App in situations or aspects where use of the App is inappropriate, such as while walking, driving a vehicle, etc.;or
   (14) Any other act that the Company determines is inappropriate for use of the App.

2. The Company may suspend provision of the App if it determines that the User has engaged in any prohibited conduct stipulated in the preceding paragraph. In addition, the Company may claim compensation from the User for any and all damages (including attorney's fees) suffered by the Company as a result of such conduct by the User.
3. If the Company takes necessary measures pursuant to this Article, it will notify the User to that effect in advance, with the reason attached; provided, however, that this shall not apply in an emergency or unavoidable circumstances.

1. The Company shall not be liable for any of the following damage, regardless of the basis for the claim:

   (1) Damage incurred by the User arising from force majeure such as a natural disaster, disturbance, or riot;
   (2) Damage incurred by the User arising from the failure of the User’s communications environment such as a failure of an Internet access service;
   (3) Damage incurred by the User arising from malfunction of equipment, etc., arising from the App;
   (4) Damage incurred by the User arising from a court order or compulsory disposition under law or regulation; or
   (5) Damage incurred by the User arising from any other cause not attributable to the fault of the Company.

2. The Company makes no warranty to Users or any other person for results of using the App such as appropriateness or usefulness for the purpose of use; prevention of intrusion into the system by a third party; or prevention of infringement of rights. Furthermore, the Company assumes no liability with respect to such matters.
3. The Company makes no warranty concerning non-existence of errors, bugs, failures or security defects and other defects with respect to the App and any and all information provided through the App, and assumes no liability whatsoever with respect to such matters.
4. In the event of a dispute between the User and a third party regarding the App, the User shall notify the Company of the dispute and resolve it at his/her own responsibility and expense.

In the event the User suffers damage in the use of the App for a reason attributable to the fault of the Company, the Company shall compensate for such damage in accordance with the Terms of Use of Service.

Personal information obtained by the Company in providing the Service and the App shall be handled in accordance with the Privacy Policy for HOMETACT Service relating to the Service.

Notices to Users may be given on the screen of the App or on the Company’s website, in writing, by email, or by any other method that the Company determines to be appropriate. Notices to Users shall be deemed to have been given by the notices on the screen of the App or on the Company’s website pursuant to this Article.

Any and all intellectual property rights, including copyrights related to programs, software included in the App, and information provided by the Company in connection with the App (including images, sounds, texts, etc.), as well as know-how contained therein, shall belong to the Company or other rights holders from whom the Company has obtained a license.

In the event any dispute arises between the User and the Company in connection with the App, the Tokyo District Court shall be the court of exclusive jurisdiction in the first instance.

In the event any part or provision of these App Terms of Use is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall continue to be in full force and effect.

The governing law for interpretation and application of these App Terms of Use shall be the laws of Japan.

Revised on July 14, 2023