Tier IV Account Terms and Conditions
Last updated: August 31 2021
These Terms and Conditions set forth the terms and conditions for providing and using the Service. The Applicant must read and agree to the entire Terms and Conditions before it is registered as the User.
Chapter 1. Purpose and Definition
Article 1 Purpose
The purpose of these Terms and Conditions is to set forth the terms and conditions for providing and using the Service, and the rights and obligations of the Company and the Users relating to the Service. These Terms and Conditions shall apply to all aspects of the relationship between the Company and each User in connection with the Service.
Article 2 Definitions
In these Terms and Conditions, the following capitalized terms have the following meanings.
- "Accounts" means an account which enables Users to use the Service.
- "Antisocial Force" shall have a meaning set forth in Article 3.3(3).
- "Autoware Tools" means a service using mapping software and other cloud software services specified by the Company.
- "Cause of Refusal" shall have a meaning set forth in Article 3.3.
- "Company" means Tier IV, Inc.
- "Company Indemnified Parties" shall have a meaning set forth in Article 11.4.
- "Applicant" shall have a meaning set forth in Article 3.1.
- "User" means any person or entity registered as a user of the Service pursuant to Article 3.
- "IP Rights" means any person or entity registered as a user of the Free Service pursuant to Article 3.
- "Password" shall have a meaning set forth in Article 4.1.
- "Person" means any person including an individual, corporation and any other entity (whether or not having independent legal personality).
- "Registration Information" shall have a meaning set forth in Article 3.1.
- "Rules" shall have a meaning set forth in Article 6(1).
- "Service" means Autoware Tool.
- "User ID" shall have a meaning set forth in Article 4.1.
- "Website" means the website of the Company, related to the Service.
Chapter 2. User
Article 3 Account Registration
- Any Person wishing to use the Service shall apply for a registration to use the Service and provide certain information in the form specified by the Company (the "Registration Information"). Any Person filing such an application (the "Applicant") shall be deemed to have agreed to comply with these Terms and Conditions.
- The Applicant's registration as a User shall be completed at the time when the Applicant completes the registration procedures required by the Company, and it may commence the use of the Service pursuant to these Terms and Conditions upon the completion of such registration. The Applicant will be granted only one Account for the access to the Services, unless otherwise agreed by the Company.
- The Company may refuse the registration of any Applicant for any reason without disclosing such reason. In particular, the Company may refuse the registration if:
- any of the Registration Information provided by the Applicant to the Company is found to be false, inaccurate, misleading or omitted;
- the Applicant is a minor, adult ward (seinen-hi-koukennin) or a person under curatorship (hi-hosanin) or assistance (hi-hojonin), or any other individual whose legal capacity is limited under any law, unless any necessary consent of a statutory agent of such Applicant is duly obtained;
- the Applicant (i) is an organized crime group (bouryokudan) or a member thereof (bouryokudanin), extreme rightist organization, or any other anti-social force (collectively, the "Antisocial Force"), (ii) has any interaction or involvement with the Antisocial Force, or (iii) assists or is involved in the maintenance, operation or management of the Antisocial Force by way of financing or other means; or
- the application of the Applicant had been previously canceled or terminated by the Company.
Chapter 3. Covenants of Users
Article 4 User ID and Password
- The Company shall provide a user ID (the "User ID") to each User upon registration as a User. The User shall be responsible for keeping and maintaining the User ID, together with a password for using the Service specified by the User (the "Password"), confidentially and in an appropriate manner.
- The User may not disclose the User ID or the Password to a third party, or allow a third party to use them. When the User ID or the Password is used, the Company may deem that the User used it. The Company shall in no event be liable for any damage, loss, cost or expense to the User arising out of or in connection with inappropriate maintenance or usage of the User ID or the Password by the User or their misuse by a third party.
- The User shall not concurrently access the Service from more than one computer or other device at the same time using the same Account.
Article 5 Change in Registration Information
The Users shall promptly notify the Company of any change to the Registration Information in the manner specified by the Company.
Article 6 Obligations of the Users
The Users shall:
- comply with all applicable laws and regulations in all relevant jurisdictions (including those relevant to personal information), these Terms and Conditions and any other rules for the use of the Service established by the Companies (the "Rules");
- not infringe upon any IP Rights, portrait rights, privacy rights, reputation or other rights of the Company, other UsersUsers or third parties;
- not commit any crime (including fraud and duress) or act against the public order or good moral values;
- not use the User ID or Password of other Users, or access or attempt to access the system or network of the Service improperly;
- not post, upload or transmit any of the followings:
- computer viruses or other hazardous computer programs;
- content which contains the personal information or data of any third party;
- content which may harm the reputation or the credit of the Company, other Users or third parties;
- content which is violent, cruel, sexual, indecent or antisocial in its nature or encourages any crime or discrimination; or
- content that constitutes advertisement, solicitation or marketing.
- not place an excessive burden on the Service network or system, or otherwise interrupt the operation of the Service;
- not engage in any other conduct that the Company reasonably deems inappropriate;
Article 7 IP Rights and Contents Posted on the Website by the Users
- Any IP Rights related to the Website and the Service are expressly reserved by the Company or its licensor. Nothing contained herein shall be construed as granting the Users a license to the IP Rights owned by the Company or its licensor.
Chapter 4. Suspension, Cancellation, Withdrawal and Modification
Article 8 Suspension of the Service
- The Company shall be entitled to, without any notice to the Users, temporarily suspend or discontinue the Service in whole or in part, for a period the Company believes necessary, if:
- any inspection or maintenance of the computer system utilized for the Service is necessary due to urgent or inevitable circumstances;
- computers or communication lines are disrupted due to an accident or other unforeseeable event;
- the Company is unable to provide the Service due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
- the Company reasonably determines that suspension or discontinuance is required for any other reasons.
- Under no circumstances shall the Company be liable for any damages incurred by the Users arising out of any measures taken by the Company pursuant to this Article.
Article 9 Registration Cancellation
- The Users may cancel its registration as Users at any time by giving notice to the Company.
- The Company may, without notice or demand, temporarily suspend the use of the Service by the Users or cancel its registration as Users, if:
- the Users breaches any provision hereof;
- the Users falls within any Cause of Refusal at the time of the registration of the User or thereafter;
- the User has not used the Service for twelve (12) months or more; or
- the Users does not respond to any reasonable inquiry or other request from the Company within thirty (30) days;
- No Annual Fees will be refunded to the Users in case of the cancellation of the Users's registration or suspension of the use of the Service by the Users. The Company shall not be liable for any damages incurred by the Users arising out of, or in connection with, them in any circumstances.
Article 10 Service Modification and Termination
- The Company, in its sole discretion, shall be entitled to modify or terminate any Service at any time. The Company shall use its reasonable effort to notify the Users in advance of any intended modification or termination of the Service.
- The Company shall not be liable for any damages incurred by the Users arising out of, or in connection with, such modification or termination of the Service by the Company.
Chapter 5. Miscellaneous
Article 11 Disclaimer and Waiver of Warranties
- THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE (including but not limited to any representation or warranty (i) of fitness or suitability for a particular purpose contemplated by the Users, (ii) of the expected functions, commercial value, accuracy, or usefulness of the Service, (iii) that the use by the Users of the Service complies with the laws and regulations applicable to the Users or any internal rules established by industrial organizations, (iv) that the Service will be free of interruption or defects, (v) of the non-infringement of any third party's right and (vi) the accuracy of the content of the Services and the Website).
- The Company shall not be liable for any amount exceeding five hundred US dollar (USD 500) (in case of a User) or the Annual Fee (in case of a Premium User) in relation to damages incurred by the Users that are attributable to the Company for any reasons whatsoever. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR FUTURE DAMAGES OR LOSS OF PROFITS.
- The Company shall not in any way be liable for transactions, communications or disputes between the Users and other UsersUsers or a third party in connection with the Service or the Website.
- Users shall be entirely responsible for its use of any content of the Service or the Website. If the Users is held responsible in a civil action such as a claim for damages or even in a criminal case, the Company and its subsidiaries and other affiliated companies and their directors, officers, employees and agents (collectively, the "Company Indemnified Parties") shall be completely discharged from any rights or assertions the Users may have against the Company Indemnified Parties, or from any legal action, litigation or similar procedures.
Article 12 Indemnity
A Users shall indemnify and hold the Company Indemnified Parties harmless from any of their damages, losses, liabilities, costs or expenses (including attorneys' fees), or any claims or demands made against the Company Indemnified Parties by any third party, due to or arising out of or in connection with breach of any provisions (including the representations and warranties) hereof or violation of any applicable laws by the Users, or its use of any content of the Service or the Website.
Article 13 Confidentiality
Unless the Users obtains the prior written consent of the Company, the Users shall keep confidential any and all non-public information disclosed by the Company to the Users in connection with the Service.
Article 14 User Information
- If the Users cannot be identified by use or publication of information or data provided by the Users, the Company may, in its sole discretion, use or make public such information or data for statistical purposes without its consent or any notice to it.
Article 15 Amendments to these Terms and Conditions and Rules
- The Company may amend these Terms and Conditions (including, but not limited to, the Annual Fee) or establish the Rules from time to time. In the event of any amendment to these Terms and Conditions or establishment of the Rules, the Company shall notify the Users thereof on the Website or in accordance with Article 16.
- If the Users uses the Service, or fails to take steps to cancel its registration within the time specified by the Company, after the notice set forth in the preceding paragraph, the Users shall be deemed to have agreed to such amendment to these Terms and Conditions or establishment of the Rules.
- Unless otherwise provided by the Rules or other agreement relating to the Service between the Company and the Users (if any), if there is any conflict between these Terms and Conditions and the Rules or such other agreement, these Terms and Conditions shall prevail.
Article 16 Notice
- Unless otherwise specified by the Company, all notices and other communications from the Users to the Company (including inquiries regarding the Services) shall be made by e-mail to the e-mail address specified by the Company or in the form provided on the Website.
- Unless otherwise specified in these Terms and Conditions, all notices and other communications from the Company to the Users shall be made by e-mail. If the Company sends any notice or communication by e-mail to the e-mail address included in the Registration Information of the Users, it shall be deemed to have immediately received such notice or communication regardless of whether it has actually received it or not.
Article 17 Assignment
- The Users shall not assign, transfer, grant security interests in or otherwise dispose of its status, its rights or obligations under these Terms and Conditions without the prior written consent of the Company.
- In cases where the Company assigned the business regarding the Service to a third party, the Company may, as part of such assignment, assign to such third party its status, rights and obligations under these Terms and Conditions, and the Registration Information and other information relating to the Users, and the Users hereby agrees to such assignment in advance.
Article 18 Severability
If any provision hereof or part thereof is held to be invalid or unenforceable under the law of Japan or other jurisdiction, the other provisions hereof shall remain in full force and effect.
Article 19 Governing Law and Jurisdiction
- These Terms and Conditions shall be governed by the laws of Japan.
- Any and all disputes arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Article 20 Language
English shall be the governing language of these Terms and Conditions, and any translation thereof into any other language will be prepared for reference purposes only and shall not be binding upon any party.