HOMETACT Service Agreement

This English translation is for reference purposes only. In the event of any discrepancy between the Japanese original and this English translation, the Japanese original shall prevail.

1. This Agreement shall apply to the use of the Service.
2. In addition to this Agreement, the Company may stipulate various terms and conditions, precautions and guidelines, etc. specified by the Company, such as application forms for the use of the Service, the Terms of Use of App, and other terms and conditions of use (hereinafter collectively referred to as the “Other Terms and Conditions”, including notices given by the Company to the Users, etc. from time to time. This Agreement and the Other Terms and Conditions are collectively referred to as the “Agreement, etc.”). The Other Terms and Conditions, regardless of their names, shall constitute a part of this Agreement. The Company may amend the Agreement, etc. without the consent of the Users, etc. In such event, the content of the Service, usage fees, and other terms and conditions to provide the Service shall be governed by the amended Agreement, etc.
3. In the event of a conflict between the provisions of this Agreement and the Other Terms and Conditions, the provisions of this Agreement shall prevail, unless otherwise provided for in the Other Terms and Conditions.

1. The Service Use Contracting Party shall comply with, and shall cause the Users to comply with, the Agreement, etc.
2. The Service Use Contracting Party agrees that the Service used by the Users shall be deemed to be used by the Service Use Contracting Party himself/herself and assumes all responsibility for the Users’ use of the Service. In the event of a violation of the Agreement, etc. by any User, etc., the Service Use Contracting Party shall, at its own expense and responsibility, stop use of the Service by such User and take necessary measures to prevent recurrence of such violation in accordance with the Company’s instructions.

1. Use of the Service may be applied for by the owner of the Residential Unit, the lessee (or sublessee), a person who is permitted to reside in the Residential Unit by the owner or the lessee (or sublessee), or a roommate of any of the foregoing, as long as they are currently living in the Residential Unit. In addition, only one (1) person per Residential Unit is allowed to apply.
   
   
2. The Applicant agrees to the Agreement, etc. and applies for the Service by filling in the information necessary for the use of the Service (the “Applicant Information”) on the Company’s prescribed form.

3. Notwithstanding the provisions of the preceding two paragraphs and the Agreement, etc., the Company may reject any application if it determines that the Applicant falls under any of the following items. In such event, the Company shall not be liable for any damage suffered by the Applicant due to the Company’s failure to approve the application.

   (1) If the Company determines that the conduct of the Applicant violates, or is a risk to violate, the Agreement, etc.;
   (2) If there is a false statement, error or omission in the documents or information submitted to the Company at the time of application for the use;
   (3) If it is found that the Applicant is a minor or other person with limited legal capacity;
   (4) If the Company determines that the service operations of the Company will be hindered or may be hindered; or
   (5) If the Company determines for any other reason that it is inappropriate to approve the Applicant’s application.

4. If the Company does not approve the Applicant’s application, the Company shall notify the Applicant thereof, however, the Company assumes no obligation to disclose the reason therefor.

5. When the Company receives and approves the application after completing necessary examination and procedures, the Company shall issue an account for the App and notify the Applicant thereof in the prescribed manner, and when the Applicant has activated the account in the prescribed manner and logged in to the App after agreeing to the Agreement, etc., the Service Use Contract shall be deemed to become effective and the applicant will be treated as the Service Use Contracting Party .

6. Notwithstanding Paragraph 1, if the Applicant is neither the owner nor the lessee (sublessee) of the Residential Unit, the owner or the lessee (sublessee) of the Residential Unit may fill in an application for the Applicant to use the Service, in the format prescribed by the Company, and submit it to the Company.

7. After obtaining an account of the App, the Service Use Contracting Party may issue an account of the User in the prescribed manner of the App and allow the User to use the Service. However, in accordance with the property management policies stipulated by the Property Owner, there may be restrictions on the accounts that can be issued by the Service Use Contracting Party to the User or the functions of the App that the User is permitted to use.

This English translation is for reference purposes only. In the event of any discrepancy between the Japanese original and this English translation, the Japanese original shall prevail.

1. In the event of any change in the Applicant Information, the Service Use Contracting Party shall promptly take the procedures of changing the Applicant Information in the manner prescribed by the Company.

2. The Company assumes no liability for any disadvantage arising from the failure by the Service Use Contracting Party to take the procedures of changing the Applicant Information set forth in the preceding paragraph.

1. If the Service Use Contracting Party ceases to meet the requirements for an Applicant set forth in Article 7.1 due to circumstances such as ceasing to reside in the Residential Unit, the Service Use Contracting Party shall notify the Company thereof in advance in a manner separately designated by the Company.

2. A new tenant of the Residential Unit may not take over the position as the Service Use Contracting Party from the previous tenant, and must apply for use of the Service in accordance with Article 7.

3. The Company assumes no liability for any disadvantage arising from the failure by the Service Use Contracting Party to take the procedures set forth in Paragraph 1.

4. Notwithstanding Paragraph 1, the Company may receive information from the Property Owner regarding the Users, etc. that is necessary for providing the Service, such as the Users, etc. moving in and out of the Property.

1. When the Users, etc. use the Service, an Internet environment and a terminal such as a smartphone that can use the App are required and prepared by the Users, etc. at their own expense and responsibility.
2. The Designated Equipment available for use by the Users, etc. in relation to the Service shall be limited to equipment which is specified by the Company separately for the Property Owner and which is listed on the application form for using the Service for the Residential Unit, or which is listed in a document separately specified by the Company and accepted by the Company. The Service Use Contracting Party shall, at its own responsibility and expense, procure the Designated Equipment and install it in the Residential Unit, excluding those already installed in the Residential Unit at the time of concluding the Service Use Contract. The Company shall perform all Link Setups related to the Designated Equipment (the Link Setup performed by the Company on or before the start date of the Service (hereinafter referred to as the “Service Start Date”) is referred to as the “Initial Setup,” and the Link Setup other than the Initial Setup is referred to as the “Reset”). The Users, etc. may not restrict the Designated Equipment to be linked.
3. If Brought-In Equipment is compatible with the Service, the Users, etc. may freely make settings for linking it to the Service. However, the Company assumes no responsibility for such settings.

1. The Link Setups for the Designated Equipment are performed in advance by the Service Start Date, and the Service Use Contracting Party shall notify the Company if initialization or the Reset of the Designated Equipment becomes necessary, regardless of whether or not this is due to the willful misconduct or negligence of the Users, etc. Upon receiving such notification from the Service Use Contracting Party, the Company shall Reset the Designated Equipment.
2. If the Service Use Contracting Party replaces the Designated Equipment with the same model, it shall notify the Company thereof, and the Company shall Reset the Designated Equipment necessary for the Service in conjunction with the replacement of the Designated Equipment.
3. If the Service Use Contracting Party wishes to change the Designated Equipment, such as by changing to the latest model, it shall obtain the prior consent of the Company in writing or by electronic or
   This English translation is for reference purposes only. In the event of any discrepancy between the Japanese original and this English translation, the Japanese original shall prevail.
   magnetic means; provided, however, that if the Designated Equipment that the Service Use Contracting Party wishes to change to is a device that can be used in conjunction with the dedicated application, etc. necessary to use the Service, the Company shall accept the request of the Service Use Contracting Party unless there is just cause to refuse, and the Company shall Reset the Designated Equipment necessary for the Service in conjunction with the change of the Designated Equipment.
4. The provisions of Article 11.2 shall apply mutatis mutandis to the responsibilities and burdens related to the procurement, installation, and the Link Setup of the Designated Equipment pursuant to the preceding two paragraphs.
5. If the Company requests cooperation from the Service Use Contracting Party regarding the Reset by the Company as stipulated in Paragraphs 1 through 3, the Service Use Contracting Party shall cooperate to the extent reasonable.
6. If the Service Use Contracting Party removes the Designated Equipment, it shall notify the Company thereof. The Service Use Contracting Party shall remove the Designated Equipment at its own responsibility and expense.

1. When the Company provides the Service, the Company may contract with a third party designated by the Company (the “Contractor”) for services related to the operation of the Service.

2. The Company shall be responsible for the appointment and supervision of the Contractor to the extent stipulated in Article 20.

1. In the event of any failure in the use of the Service (the “Service Failure”), the User, etc. shall confirm that there is no abnormality in his or her own smartphone or other terminal, and promptly notify the Property Owner and the Company thereof. The Company shall endeavor to identify the cause of the failure if the Company becomes aware of the Service Failure.
2. If, as a result of identifying the cause of the failure set forth in the preceding paragraph, it is found that the Service Failure is caused by a malfunction of the Company’s system (including but not limited to the systems, apps and servers that the Company manages), the Company shall take necessary measures to restore the Service, such as repair, improvement and recovery of the Company’s system and will endeavor to quickly restore the Service.
3. If, as a result of identifying the cause of the failure set forth in Paragraph 1, it is found that the Service Failure arises from causes such as malfunction, loss or damage of the Designated Equipment, it is the responsibility of the Service Use Contracting Party to make efforts to restore the Service by taking necessary measures such as repair and replacement necessary to restore the Service. However, the Company shall cooperate with manufacturers of the Designated Equipment or companies that have installed the Designated Equipment and give assistance to the Service Use Contracting Party so that measures such as repair and replacement necessary to restore the Service may be promptly taken.
4.  If, as a result of identifying the cause of the failure set forth in Paragraph 1, it is found that the Service Failure arises from causes such as malfunction, loss or damage of the Brought-In Equipment, it is the responsibility of the person who owns such Brought-In Equipment to make efforts to restore the Service by taking necessary measures such as repair and replacement necessary to restore the Service.
5. If, as a result of identifying the cause of the failure set forth in Paragraph 1, it is found that the Service Failure is caused by failures in the Internet environment, it is the responsibility of the Users, etc. who subscribe to such Internet Environment to make efforts to restore the Service by taking necessary measures such as repair and replacement necessary to restore the Service.

1. The Service Use Contracting Party may not assign his/her position under the Service Use Contract.

2. The Service Use Contracting Party and the User agree in advance that if the Company transfers its business pertaining to the Service to a third party, the Company upon such business transfer may transfer the Service Use Contract and its position under the Service Use Contract, its rights and obligations under this Agreement, and the information of the User, etc. to the assignee of such business transfer. The business transfer set forth in this paragraph includes not only business transfer in a narrow sense but also any company split or any other transfer of business.

1. The Company may terminate the Service Use Contract without notice or demand if the Company determines that any of the following events occurs:
   

   (1) If the Service Use Contracting Party fails to meet the requirements as the Applicant set forth in Article 7.1 due to such circumstances as moving out of the Residential Unit;
   (2) If a User, etc. breaches the Service Use Contract and fails to remedy the breach within a reasonable period of time after receiving the notice demanding the remedy;
   (3) After the conclusion of the Service Use Contract, any reason that falls under any of the items of Article 7.3 or any other reason that the Company should refuse to execute the Service Use Contract is found;
   (4) If a User, etc. has committed an act that is prohibited under any of the items of Article 24.1;
   (5) If a User, etc. becomes subject to a petition for attachment, provisional attachment, provisional disposition or public auction, or subject to disposition for failure to pay taxes and other public charges;
   (6) If a petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation
   proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation proceedings or other legal bankruptcy proceedings is filed by or against a User, etc., or in the event of important doubts concerning the creditworthiness of a User, etc.;
   (7) If the Company becomes subject to the revocation or suspension of its business license from the competent authorities;
   (8) If any draft or check drawn by a User, etc. is dishonored;
   (9) If the contract between the Property Owner and the Company regarding the provision of the Service is terminated for any reason; or
   (10) In the event of any other circumstance which makes it difficult to perform the Service Use Contract

2. If there is any outstanding obligation owed by a User, etc. to the Company at the time of termination of the Service Use Contract pursuant to the preceding paragraph, the User, etc. shall pay such obligation on or before the date specified by the Company.
3. In the event of termination under Paragraph 1, the Service Use Contracting Party and the User may no longer use the Service, and their accounts become null and void.

1. The Company may suspend provision of the Service in whole or in part if any of the following events occurs:
   

   (1) When it is unavoidable due to maintenance or construction of the Company’s facilities related to This English translation is for reference purposes only. In the event of any discrepancy between the Japanese original and this English translation, the Japanese original shall prevail. the Service, or provision of the Service;
   (2) If all or part of the Service does not operate normally and it is extremely difficult to continue to provide all or part of the Service;
   (3) If the normal provision of the Service is determined to be extremely difficult due to a natural
   disaster or other emergency;
   (4) If the charge for the Service or any other obligation is not paid by the due date for payment or is reasonably expected not to be paid;
   (5) If a User, etc. violates the provisions related to the Service, such as the Agreement, etc.;
   (6) If it has become difficult to provide the Service due to any request under law or regulation, etc.; or
   (7) When deemed necessary by the Company.

2. If the Company suspends provision of the Service pursuant to the preceding paragraph, the Company shall notify the Users, etc. thereof in advance except in emergency or unavoidable circumstances.
3. The Company shall not be liable for any damage suffered by the Users, etc. due to the suspension of provision of the Service, except when the Service Use Contracting Party is a consumer as defined in the Consumer Contract Act or the damage is caused by willful misconduct or negligence of the Company.

1. Unless otherwise provided for in this Agreement, if the Company is required to provide the Service, the Company shall assume liability to compensate for ordinary damage only arising from the failure to provide the Service due to the fault or misconduct, excluding lost profit and indirect damage, etc. which is incurred by the Users, etc. The Company does not assume liability for damages arising from special circumstances, whether foreseeable or not. In addition, the Service Use Contracting Party may make a claim for damages against the Company only when measures must be taken by the Property Owner or the Service Use Contract as specified in Articles 14.3 through 14.5 and such measures are implemented.
2. The maximum liability of the Company to the Service Use Contracting Party pursuant to the preceding paragraph shall be the basic service fee for one (1) month.
3. Notwithstanding the provisions of the preceding paragraph, if the Service Use Contracting Party suffers loss or damage as a result of being unable to use the Service at all due to reasons attributable to the Company (except for cases where the Company is not liable under the Agreement, such as the cases set forth in Article 21), the Company shall be liable for damages up to the amount calculated by multiplying the quotient obtained by dividing the number of hours during which the Service Use Contracting Party is unable to use the Service by 24 (all decimals are truncated, i.e., round down to a natural number) by one-thirtieth of the basic service fee, provided that such period lasts for 24 hours or more from the time when the Company becomes aware that the Service Use Contracting Party is unable to use the Service at all.
4. If the Service Use Contracting Party is a consumer as defined in the Consumer Contract Act or the damage is caused by willful misconduct or gross negligence of the Company, the provisions of the preceding three (3) paragraphs shall not apply.
5. The Company shall be exempted from any and all liability to the User for damages suffered by the User This English translation is for reference purposes only. In the event of any discrepancy between the Japanese original and this English translation, the Japanese original shall prevail. 
   

   pursuant to Paragraph 1, as a result of the Company’s assuming liability to the Service Use Contracting Party pursuant to Paragraph 2. Any and all responsibility for response to the User shall be assumed by the Service Use Contracting Party.

1. The Company shall not assume liability for the following damages, regardless of the basis for the claim:
   

   (1) Damage incurred by the Users, etc. due to an event beyond reasonable control such as acts of God, disturbances and riots;
   (2) Damage incurred by the Users, etc. due to failure in the connection environment of the Users, etc., such as failure in the Internet environment to use the Service;
   (3) Damage incurred by the Users, etc. due to failure in telecommunications services provided by a third party;
   (4) Damage incurred by the Users, etc. due to the intrusion of computer viruses of a type not supported by computer antivirus software provided from a third party to the Company for the provision of the Service;
   (5) Damage incurred by the Users, etc. due to unauthorized access or attack by a third party to the Company’s facilities, etc. pertaining to the Service or interception on the communication path, which cannot be prevented even with the due care of a good manager;
   (6) Damage incurred by the Users, etc. due to software or a database which is part of the Company’s facilities, etc. pertaining to the Service, but which was not manufactured by the Company or due to any service which is not operated by the Company;
   (7) Damage incurred by the Users, etc. due to hardware which is part of the Company’s facilities, etc. pertaining to the Service, but which was not manufactured by the Company;
   (8) Damage incurred by the Users, etc. due to the failure of the Users, etc. to comply with the security measures, etc. designated by the Company for use of the Service;
   (9) Damages incurred by the Users, etc. due to compulsory disposition under a court order or law or regulation; and
   (10) Damage incurred by the Users, etc. due to any other reason not attributable to the fault of the Company.

2. The Company makes no warranty and assumes no liability to the Users, etc. or any other person as to the appropriateness or usefulness of the results of using the Service in light of the purpose of use, prevention of intrusion into the system by third parties, or non-infringement of rights.
3. The Company makes no warranty and assumes no liability as to the storage, retention or backup of the Data, etc.
4. The Company assumes no liability for any direct or indirect damage incurred by the Users, etc. or third parties, however caused, due to the loss, damage or leakage of the Data, etc. or the use of the Data, etc. for any purpose other than the original purpose of use due to events such as loss, damage or leakage.
5. The Company makes no warranty as to the safety, accuracy, completeness, usefulness or currency of the Data, etc., stored by the Company, and assumes no liability for damage arising therefrom.
6.  The User, etc. shall at his or her own responsibility and expense settle any dispute with third parties with respect to the use of the Service, and shall hold the Company harmless against any claim arising from such dispute.

1. The User, etc. shall not disclose or lend to, or share with, a third party an ID or password registered by This English translation is for reference purposes only. In the event of any discrepancy between the Japanese original and this English translation, the Japanese original shall prevail. the User, etc. to receive the Service (the “IDs, etc.”), and shall strictly manage the IDs, etc. (including change of passwords) so that IDs, etc. are not divulged to a third party. In addition, third parties’ use of the IDs, etc. of the User, etc. shall be deemed to be use by the User, etc.
2. The Company shall assume no liability for, and the Users, etc. or other third parties shall at their own responsibility and expense settle, any damage suffered by them due to inadequate management, error in use, or use by any third party of the IDs, etc.
3. The Company may claim compensation from the User, etc. for damages suffered by it due to inadequate management, error in use, or use by a third party of the IDs, etc.

1. When using the Service, the User, etc. shall not engage in any of the following conduct:
   

   (1) any act that infringes or threatens to infringe the rights and interests of the Company or third parties;
   (2) any act that is or risks being in violation of laws and regulations, and ordinances, etc. or contrary to public order and morals;
   (3) any criminal or similar act, or any act that threatens to constitute a criminal or similar act;
   (4) any act of illegally using another person’s IDs, etc., or any act similar thereto;
   (5) any act that causes another person to use the IDs, etc. of a User, etc., or any similar act;
   (6) any act of offering benefits to an Anti-Social Force;
   (7) any act of creating, using, transmitting or posting a computer program that infringes or threatens to infringe the rights or interests of others, such as computer viruses;
   (8) any act that interferes with or threatens to interfere with the facilities or communications of the Company or a third party in connection with the Service;
   (9) any act of reporting false information when using the Service;
   (10) any act that may hinder the Service or the Company’s business; or
   (11) any other act that the Company has determined is inappropriate for use of the Service.

2. If the Compnay determines that User, etc.has engaged in any conduct prohibited under the preceding paragraph, the Company may suspend provision of the Service. In addition, the Company may claim compensation from the User, etc. for damage suffered by the Company as a result of such conduct.
3. When the Company takes necessary measures under this Article, the Company shall notify the Service Use Contracting Party thereof in advance with the reason therefor except in an emergency or unavoidable circumstances.

1. The Company endeavors to handle and protect the Data, etc. (including personal information) in an appropriate manner in accordance with the Company’s [Privacy Policy for HOMETACT Service].
2. The User, etc. agrees that through the use of the Service, certain information such as use history (excluding personal information) may be obtained by the manufacturer of the Designated Equipment, etc. or the company that installed the Designated Equipment, etc. through such Designated Equipment, etc. without obtaining separate consent from the User, etc.

1. The Users, etc. shall not disclose either publicly or to a third party any information disclosed in connection with the Service that is treated as business, technical or other business-related secret and that tangible media such as documents explicitly express as confidential (the "Confidential Information") without the prior written consent of the Company or use such information for any purpose other than the purpose of performing the Service Use Contract or using the Service. However, the foregoing shall not apply to any information listed in the following items:
   

   (1) Information that is already in the public domain at the time of disclosure;
   (2) Information that was already known at the time of disclosure; This English translation is for reference purposes only. In the event of any discrepancy between the Japanese original and this English translation, the Japanese original shall prevail.
   (3) Information that enters the public domain after the disclosure to the Service Use Contracting Party not through the fault of the Recipient;
   (4) Information that has been developed independently by the Service Use Contracting Party without reference to the Confidential Information obtained from the Company;
   (5) Information that was obtained by the Service Use Contracting Party from a duly authorized third party without assuming any confidentiality obligation; or
   (6) Information that the Company has agreed in writing to exclude from the confidentiality obligation constraints.

2. The provisions of this Article shall remain in force for five (5) years after the termination of the Service Use Contract.

1. The User, etc. confirms that any and all intellectual property rights including copyrights relating to the programs of software or information, etc. lent or presented by the Company to the User, etc. through the Service (including images, sounds and text; hereinafter referred to as the “Programs, etc.” in this Article) and know-how, etc. contained in the Programs, etc. shall belong to the Company or another rights holder who grants a license to the Company. The User, etc. shall not use the Programs, etc. for any purpose other than the purpose of use of the Service, reproduce, alter or edit the Programs, etc., or perform any other acts such as reverse engineering, decompiling, disassembling, decryption, or attempt to discover the source code. In addition, the User, etc. shall not lend or transfer to a third party, or pledge, the Programs, etc. whether for profit or not.
2. The provisions of this Article shall remain in force after the termination of the Service Use Contract.

1. The Users, etc. represent and warrant that they and their officers (i.e., directors, company auditors, executive officers, or persons equivalent thereto, and hereinafter referred to as the "Officers") and other persons who substantially control the Users, etc. do not fall under an organized crime group, a member of an organized crime group, a quasi-member of an organized crime group, a person for whom five (5) years have not yet passed since the date of his/her ceasing to be a member or a quasi-member of an organized crime group, an enterprise associated with an organized crime group(s), a corporate extortionist, etc., a pseudo-social activist, a member of an organized crime group using specialized expertise, etc. or any other persons equivalent thereto (hereinafter collectively referred to as the "Anti- social Force") as of the time of the execution of the Service Use Contract and that they currently do not, and previously did not, fall under any of the following items. In addition, the Users, etc. pledge that they and their Officers and other persons who substantially control the Users, etc. have not fallen under the Anti-Social Force or any of the following items during the period from the date of the execution of the Service Use Contract to the completion of the performance thereof.
   

   (1) Have a relationship with the Anti-Social Force that is found to control the management of the Users, etc. or to be involved in substance in the management of the Users, etc.;
   (2) Have a relationship with the Anti-Social Force by which the Users, etc. are found to unjustly use the Anti-Social Force for the purpose of unfairly benefiting themselves, their company or a third party(ies) or of causing damage on a third party(ies), etc.;
   (3) Have a relationship with the Anti-Social Force to which the Users, etc. are found to be involved in offering funding or offering benefit; or
   (4) Have a reprehensible relationship with the Anti-Social Force.

2. Each party pledges not to commit any act, such as an act of violent demanding, unreasonable demanding, intimidating speech and conduct, violence, damaging credibility by spreading a rumor or using fraudulent means, obstruction of business, or any other acts equivalent thereto, either by himself/herself or by making use of a third party(ies). This English translation is for reference purposes only. In the event of any discrepancy between the Japanese original and this English translation, the Japanese original shall prevail.
3. If either party breaches the representations/warranties or the pledges described in the preceding two (2) paragraphs, the other party may immediately terminate the Service Use Contract without any prior notice or demand, regardless of the timing when the breach becomes known and, in addition, claim compensation for damages incurred in association with the breach. For the avoidance of doubt, if the breaching party suffers any damage or expenses due to such termination, the breaching party may not claim compensation therefor from the other party.