Laplace ID Terms and Conditions

This Laplace ID Management Service (the “Service”) is provided under this Laplace ID Terms and Conditions (the “Terms”) by Laplace System Co., Ltd. (“Laplace”), located at 1-245 Kyomachi, Fushimi-ku, Kyoto, 612-8083, Japan.

Article 1. User Registration

1.1 When you use the Service, you must agree to these Terms and perform the required procedures for user registration. User registration of the Service is based on information you enter in.
1.2 By using the Service, you are agreeing to these Terms. Please read them carefully.

Article 2. Contents of the Service

2.1 The Contents of the Service is providing a common ID (“Laplace ID”) and a web page ("My Page”) for using various services (“Other Services”) provided by Laplace.
2.2 When you use Other Services through the Service, you must agree to the agreements or terms corresponding to Other Services or separately prescribed by Laplace.
2.3 The use of the Service does not license to use Other Services. When you use Other Services, you shall perform the required procedures to use Other Services.
2.4 In the event of conflict between these Terms and the agreements or terms of Other Services, the agreements or terms of Other Services shall prevail.

Article 3. Registration

3.1 In applying for the Service, the information you enter or register need to be true and accurate.
3.2 When there is a change in your registration information, you will promptly change of registered information on My Page.
3.3 Laplace accepts no responsibility for any loss or damage caused by registering false information or neglecting to change.

Article 4. Laplace ID

4.1 Laplace uses your registered e-mail address as Laplace ID. Only one Laplace ID can be assigned to one e-mail address.
4.2 Your Laplace ID and password (hereinafter, "Credentials") shall be manage at your own risk. You shall assume all responsibility for the management of your Credentials.
4.3 In case that you know a leakage of Credentials or unauthorized use by a third party, it shall be notified immediately to Laplace. If Laplace provides direction to you, you will follow it.
4.4 Any use of the Service with the Credentials verified by and matched with the Laplace’s database shall be deemed the use by the user who has the formal authority to use such Credentials without confirming other identity. Laplace does not assume any responsibility for damages caused by fraudulent access or any other use of the Service by the third party who is not the owner of the Credentials being used, whatever the reason.

Article 5. Prohibitions

5.1 In connection with the Service, the following acts and the causing thereof are prohibited:
(i) Act of impersonating a third party or transmitting false information actively;
(ii) Act of infringement intellectual property rights (including without limitation copyrights, patents, trademark rights and other rights) of Laplace or any third party;
(iii) Act that damages Laplace or any third party;
(iv) Act that interferes with the operation, the management or the system of the Service or Other Services;
(v) Act of falsification of or deleting the contents or the information you may use through the Service or Other Services;
(vi) Act to transmit or post harmful computer programs;
(vii) Duplication, decompilation, reverse engineering, disassembling, deriving source code, encryption, modification or creation of secondary works for all or part of the Service or Other Services;
(viii) Act that contrary to public order, morals, laws and ordinances or act that might be feared to contrary them;
(ix) Act of breach these Terms or other provisions of Laplace; and
(x) Acts that Laplace deems inappropriate.
5.2 If you breach the clause as above, Laplace may take necessary measures, including, but not limited to, cancellation, suspension of your use or claim for damages against you without any notification.
5.3 All rights and obligations in using the Service you have may not be assigned, lent, sold, pledged or otherwise disposed of.

Article 6. Restrict

6.1 In the event that fall under the following, Laplace may restrict your use of the Service in whole or in part:
(i) When Laplace determine that your use damages Laplace or any third party (including, but not limited to in the event that sending the virus or mass-mailing from your hardware);
(ii) When Laplace cannot contact you;
(iii) When you receive administrative punishment or other reprimand by public authority; or
(iv) When Laplace determines that it is necessary to restrict your usage based on reasonable reasons.
6.2 Laplace accepts no responsibility for any loss and damage resulting from the restrict any usage.

Article7. NO WARRANTY

7.1 LAPLACE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THAT THE SPECIFICATION OR FUNCTION OF THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE ERROR-FREE AND BUG-FREE, THAT YOUR EQUIPMENTS WILL BE WORK WITHOUT ANY FAILURE.

Article8. Force Majeure

8.1 Laplace shall be no liable to you for delay or failure in the performance of its obligations under these Terms in the event that such delay or failure arises from any cause beyond the reasonable control of Laplace affected (the “Force Majeure”). The Force Majeure shall include, but not limited to, act of God, acts or orders of governmental authorities, fire, flood, typhoon, tidal wave, or earthquake, epidemic, war (declared or not), rebellion, riots, strike, or lockout.

Article 9. Intellectual Property Rights

9.1 All rights, title and ownership in and to the Service and any of documents, drawings, designs, programs, databases etc. (the “Documentation”) developed or created by Laplace shall belong solely and exclusively to Laplace. Except as stated herein, these Terms does not grant you any intellectual property rights in the Service or any Documentation.

Article 10. Personal Information

10.1 Laplace shall handle the personal information (“Personal Information,” shall mean information prescribed in Article 2, paragraph 1 of the Act on the Protection of Personal Information of Japan) registered related to the Service or provided to Laplace separately pursuant to Laplace’s Privacy Policy and must not use Personal Information for any purpose except for providing the Service, promoting and the purpose prescribed by Laplace’s Privacy Policy.
10.2 When you provide to Laplace the Personal Information other than yourself, you warrant that you have a prior consent from the individual identified by such Personal Information (the "principal") to provide to Laplace it. You shall not provide Personal Information to Laplace without the consent of the principal.

Article 11. Usage data by Laplace

11.1 You agree that Laplace may handle all data collected through the Service, including, but not limited to your equipment’s power energy, as anonymously processed information.

Article 12. Cookie

12.1 Laplace may use Cookies for, including, but not limited to, improving user convenience, changing of the contents of the Service and third-party ad serving. Cookies of the Service are stored on the browser or hard drive of your computer or mobile device when you use the Service. To opt out of these cookies you will need to change the settings on your browser Cookie preferences.
12.2 Laplace’s advertisements will be posted on various websites on the Internet by third party advertisement distributors. In connection with it, third parties may acquire your Cookies use it for advertisement. Cookies information acquired and used does not include any information that can identify a specific individual, such as your name or address. Cookies information acquired by third parties will be handled according to each third party's privacy policy. To stop using your Cookies information for advertisements by third parties, you will need to access the opt-out page set in each third party's website and take the procedure to stop.

Article 13. Anti Social Force

13.1 "Anti Social Forces" means:
(i) an organized crime group, a member of an organized crime group, a related company or association of an organized crime group, and any other equivalent person of above; or
(ii) a person who themselves or through the use of third parties conducts a demand with violence, an unreasonable demand beyond its legal entitlement, use of intimidating words or actions, damages the credit or obstructs the business of the other party by spreading false rumors or by the use of fraudulent, or any other equivalent actions of above.
13.2 You represent and warrant that is not a person who has fallen and shall not fall under any of the followings:
(i) the Anti Social Forces;
(ii) a person having such relationship with the Anti Social Forces that shows the Anti Social Forces' substantial involvement in the person's management;
(iii) a person having such relationship with the Anti Social Forces that shows reliance on the Anti Social Forces;
(iv) a person who cooperate and is involved with the maintenance or operation of any Anti social Forces by providing funding to any Anti Social Forces or any similar act; or
(v) a person who is engaged in socially condemnable relationship with the Anti Social Forces.
13.3 Laplace shall be entitled to terminate providing the Service and request for the damages without any notice and any and all obligations of Laplace owed to you shall become due and payable and you shall immediately repay such obligations, if you breached the representations and warranties in the preceding clause.

Article 14. EXCLUSION OF LIABILITY

14.1 IN NO EVENT SHALL LAPLACE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSSES, DAMAGES, CLAIMS, OR COSTS RELATED TO ALL THE SERVICE, HOWEVER CAUSED, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING DUE TO INTERRUPTIONS), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF LAPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.

Article 15. Removal of Laplace ID by Laplace

15.1 In the event Laplace determines that you fall under any of the following items, the Laplace may cancel your registration and delete any data stored in connection therewith without requiring a reminder or other procedures:
(i) That the information you registered contains false;
(ii) That you use Laplace ID unauthorized;
(iii) That you breach these Terms; or
(iv) Event that Laplace judges that it is necessary to removal Laplace ID.

Article 16. Removal of Laplace ID by you

16.1 In the event you withdraw from the Service, Laplace may delete the data stored in connection with your Laplace ID without prior notice to you or approval from you. Laplace shall not be liable for any disadvantage or damage to you caused by the deletion of such data.

Article 17. Change, Suspending or Termination

17.1 Laplace may immediately change, suspend or terminate the Service in whole or in part without prior notice to you or without obtaining the consent of you. Laplace shall not be liable for any loss or damage resulting from the change, suspending or termination.

Article 18. Modification

18.1 Laplace may modify these Terms. Laplace will post notice of modifications to these Terms and ask for your consent when you use the Service for the first time after modifying these Terms. If you do not agree to the modified Terms, you should discontinue your use of the Service.

Article 19. Other Terms

19.1 These Terms shall be governed by and construed under the laws of Japan. The District Court located in Kyoto, Japan shall have exclusive jurisdiction to resolve any disputes concerning validity, construction, and performance of these Terms. The aforesaid applicable law shall apply without regard to conflicts of law provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods.
19.2 If any term or provision of these Terms shall to any extent be found by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of these Terms shall nevertheless continue in full force and effect.
19.3 Any question arising out of, or in connection with, these Terms or any matter not stipulated herein shall be settled each time upon consultation between Laplace and you.
19.4 These Terms shall be binding upon and inure to the benefit of you and your respective successors and permitted assigns. You may not assign these Terms or any of its rights, interests or obligations hereunder without Laplace’s prior written consent.

Article 20. (Language)

20.1 In the event of any conflict between the Japanese version of these Terms and any other language versions, the Japanese version shall prevail.

Last modified: March 20, 2019

Mieruka Web Terms and Conditions

You shall agree to the following terms and conditions (hereinafter referred to as the "Terms") in using the Service “Mieruka Web” (hereinafter referred to as the "Service") provided by Laplace System Co., Ltd. (hereinafter referred to as "Laplace") in connection with the Laplace ID Management Service (hereinafter referred to as the "Laplace ID").

Article 1

1.1 The Service will be provided in accordance with the provisions of the Terms in addition to the provisions of the Laplace ID Terms and Conditions (collectively “each Terms”). You shall use the Service only if you agree with each Terms. You shall be deemed to have agreed with each Term at the time when you commence to use the Service.
1.2 The Service is provided through the use of the Laplace’s Remote Monitoring Service. If you are not the User for the Laplace’s Remote Monitoring Service, you shall obtain from the User the right to use the data (including, but not limited to power generation data, etc) of each subject equipment of the Laplace’s Remote Monitoring Service. In the event that you have no subject equipment of the Laplace’s Remote Monitoring Service, You will not able to use the Service. In addition, the Laplace’s Remote Monitoring Service shall be provided in accordance with the agreement for Remote Monitoring Service (hereinafter referred to as the "Agreement"). You shall use the Service after consenting to the Agreement.
1.3 In the event of a conflict between the Terms and the Laplace ID Terms and Conditions, the Terms shall prevail.
1.4 If you are not the User who substantially uses the Service, you shall explain the terms and conditions of each Terms to the substantial User of the Service and shall obtain the consent from the substantial User of the Service for that the Terms shall apply to its use of the Service.
1.5 The Terms applies to both the free use of the Service "Mieruka Web Free" (hereinafter referred to as "Free Plan") and the fare-paying use of the advanced Service "Mieruka Web Premium" (hereinafter referred to as "Premium Plan").

Article 2

2.1 You shall be entitled to disclose the web pages provided on the Service (hereinafter referred to as the "Web pages") to third parties. Provided, however, when you disclose the Web pages you shall not engage in any act that falls under any of the following;
(i) Reproducing, modifying, or creating adaptations in whole or in part of the Web pages or contents (including, but not limited to images, texts, videos, etc.) contained on the Web pages (hereinafter referred to as the "Contents"),
(ii) Acts that causes or threatens to cause any third party to misunderstand the rights holders of the Contents, and
(iii) Infringement or threatened infringement of Laplace’s rights or interests worthy of legal protection.

Article 3

3.1 In the event you discover any infringement or other fact by any third party in connection with the Service, you shall promptly notify Laplace and cooperate in the investigation conducted by Laplace.

Article 4

4.1 Laplace grants you only the use of the Service and the Contents. Laplace does not transfer any copyright or any other rights to you.
4.2 You agree that the license for use of the Service is non-exclusive.
4.3 Article 4.1 and 4.2 shall also apply to the contents created by Laplace for the Premium Plan based on the order of you (hereinafter referred to as the "Premium Contents"). Provided, however, the rights of the contents owned by the user or a third party previously shall continue to belong to the prior rights holders.

Article 5

5.1 You shall accept the following:
(i) Laplace shall not be responsible for the results of use of the Contents.
(ii) Laplace shall not give any warranty as to the Service, including, but not limited to the integrity, accuracy, usefulness and safety of the Contents.
(iii) Laplace shall not be responsible for any disputes, troubles, etc., arising between you and a third party or any response thereto as a result of the use of the Service or the inability to use the Service.
(iv) Decisions on the use of the Contents shall be based on your own responsibility and judgment.
(v) Laplace shall not be liable for any loss or damage caused by suspension of the Service or the Contents.

Article 6

6.1 All Contents, including the Contents for Premium Plan, is available only in the Service.

Article 7

7.1 All Contents created with the Service (hereinafter referred to as the “PR Contents”) can be edited or deleted only with the Laplace ID used when creating PR Contents.
7.2 If the Laplace ID used when creating the PR Contents is no longer available for any reason, the created PR Contents cannot be edited or deleted.
7.3 In the event that the Remote Monitoring Service terminates or you lose the right to use the Remote Monitoring Service for any reason, the PR Contents will not be displayed normally.

Article 8

8.1 The Fees for designing and creating a customize page for the Premium Plan shall be set forth in the Purchase Order between the direct Orderer and Laplace.
8.2 Annual Fee for the Premium Plan shall be 20,000 yen (exclusive of tax).
8.3 In the event the Service is terminated during the usage period, Laplace shall not refund the Service Fee unless the Service is terminated due to a reason attributable to Laplace.

Article 9

9.1 The period of provision of the Free Plan shall be the same as the period of use of your Laplace ID.
9.2 The period of provision of the Premium Plan shall be as set forth in another agreement concluded between you and Laplace. In the event neither you nor Laplace objects to the renewal of the Service until two months before the expiration, the Service shall be automatically extended by same as the period before expiration, from the day following the expiration, and the same shall apply thereafter. Laplace shall invoice you for the Renewal Fee of the Service. In the event the payment of the Renewal Fee cannot be confirmed after the renewal, Laplace shall be entitled to suspend the provision of the Service without any notice.

Article 10

10.1 In the event of any conflict between the Japanese version of these Terms and any other language versions, the Japanese version shall prevail.
10.2 Any matters not stipulated in the Terms shall be subject to the Laplace ID Terms and Conditions.

Last modified: March 20, 2019