Terms of service

Definitions

The meanings of the terms used in this agreement are as defined in the following items.

  • "Terms" means "EDR Support Service Terms of Use".
  • "This Agreement" means the agreement between the Company and the Contractor regarding the use of the Service.
  • "Other rules" means guidelines, help, and other rules regarding this service other than these terms.
  • "The Service" means "EDR Support Service" provided by the Company (including the service after the change if the name or content of the Service has been changed for any reason).
  • "Our company" means Creo Corporation.
  • “Bosch company” means the entire Bosch Group, including affiliates such as “Robert Bosch GmbH” in Germany and “Robert Bosch LLC”, a wholly-owned subsidiary in USA.
  • "EDR" is an event data recorder. In other words, a device or function that records chronological data on vehicle conditions, such as vehicle speed, before and after an event related to airbag deployment, such as an automobile collision.
  • "EDR data" refers to data recorded by EDR regarding the behavior of the vehicle at the time of the accident.
  • "CDR" means Bosch's Crash Data Retrieval, a device that reads EDR data from EDR.
  • "Report" means a report visualized in a format that EDR data can be easily understood. (Different from CDR report)
  • "Applicant" means a person who wishes to enter into this Agreement and use the Service.
  • "Contractor" means a person who concludes this Agreement with the Company and uses the Service.
  • "User" means a contractor whose contractor is authorized to use the Services under these Terms.
  • "Registration matters" means the company's prescribed information registered by the applicant when applying for this contract.
  • "ID / Password" means the ID / password required to use this service.
  • "Operating environment" means the environment required to use this service, such as hardware, software, Internet connection, and securing security. (EDR and CDR shall be included.)
  • "Ticket" means a prepaid payment method purchased from the Company by the Contractor in consideration of using the Service.
  • "Intellectual property rights etc." means patent rights, utility model rights, design rights, trademark rights, copyrights, rights under the Unfair Competition Prevention Act, or any other proprietary or personal rights.

Scope of application

  1. This agreement applies to us and the contractor in this agreement. The contractor shall conclude this agreement with the Company after agreeing to all the contents of this agreement.
  2. We may set up other rules separately. The other rules will form part of the terms of the agreement, but if the terms of this agreement and the terms of the other conventions differ, these terms will prevail.

Terms of Use of the Service

  1. This service is an ASP service that can convert EDR data read from Bosch's EDR by Bosch's CDR into a report and output it (it does not support EDR or CDR not from Bosch). The detailed specifications of this service will be separately determined by our company.
  2. We may make changes such as improvement, addition, deletion of specifications of this service, and the contractor consents in advance.
  3. To the extent permitted by this Agreement, the Contractor may use the Service in accordance with the method set forth by the Company, and may allow the User to use it in the manner in which the Service is scheduled. The Contractor shall make the User comply with the Terms of Use, and agrees that the use of the Service by the User is considered to be his own use under any circumstances, and with respect to such use, to the Company. I assume the responsibility.
  4. The Company may delegate the performance of the Service to a third party as required.
  5. The contractor shall maintain the company's prescribed usage environment at his own responsibility and expense.

Application

  1. The applicant shall apply for the conclusion of this Agreement in the manner prescribed by the Company after agreeing to the contents of the Terms. The applicant guarantees that all entries are correct.
  2. Based on the criteria prescribed by the Company, the Company judges whether or not the applicant applies, and if the application is approved, the Company will notify that effect and the Company's prescribed information. From the date of commencement of this Agreement as set forth in the Notice, this Agreement will be concluded between the Contractor and the Company.
  3. The Company may not approve the Applicant if the Applicant falls under any of the following or if the Applicant determines that the applicant falls under any of the following. The Company has no obligation to disclose the reasons for the above judgment.
    • In the case of applying for registration regardless of the method prescribed by our company
    • In the case where there is a false statement, an error or an omission in all or part of the registration items
    • When the Company determines that there is a risk of violating the Terms
    • In the case where the Company deems the person who has violated the Terms in the past or its related persons
    • When we did not obtain consent of person having representative right of corporation
    • If you are offering or plan to provide the same or similar services
    • Other cases where the Company determines that the registration is not appropriate
  4. In the event that a change is made to the registration items after the conclusion of this contract, the contractor shall immediately carry out the procedure for changing the registration items in the manner prescribed by the Company. Even if the contractor suffers damage due to failure to do this, we assume no responsibility.

Management of ID and password

  1. We will issue ID and password by the start date of this agreement. The contractor shall properly manage and store the ID and password at his / her own risk, and shall have the user manage and store it. You must not disclose or use it, lend, transfer, buy or sell, or provide collateral, etc. to a third party.
  2. If the Company confirms by the prescribed method that the ID and password used at the time of login match the registered one, the Company will regard the person who logged in as an authentic subscriber.
  3. Even if the contractor suffers damages due to insufficient management of ID / password, error in use, improper use, etc., we will assume no responsibility.

Ticket

  1. The Contractor shall purchase a ticket for the use of the Service and use the Service by consuming the ticket. One ticket is required for one use of this service (one report output).
  2. The ticket has an expiration date set by us. If the ticket is not consumed even after the expiration date, the ticket will expire but no refund will be made to the contractor.
  3. There is no refund for tickets purchased by the Subscriber, regardless of the reason.
  4. The contractor shall not make the ticket purchased by him / her use to a third party, or lend, transfer, buy or sell, or provide collateral.
  5. We can change the ticket price at any time. The latest ticket price will be applied to the contractor's ticket purchase.

Attribution

  1. All intellectual property rights related to this service belong to the Company except those belonging to Bosch Corporation.
  2. The license to use the Service specified in the Terms does not apply to any right in relation to our intellectual property rights related to the Service, except as expressly stipulated in the Terms. The contractor can not use the service beyond the usage intended by the service.
  3. The Contractor shall not attempt to analyze the Service in reverse engineering, decompilation, disassembler, or other services.

Prohibited acts

The Contractor shall not, in using the Service, perform any action that the Company deems to fall under or fall under any of the following items.

  • Acts that violate the law
  • Acts related to crime
  • Act against public order and morals
  • Acts that violate the internal rules of the industry group to which you belong
  • Acts that infringe on the intellectual property right of the Company or a third party, such as the right of privacy, right of honor, credit, portrait right or any other right or benefit
  • Acts that impede the operation and maintenance of this service
  • An act that places an excessive burden on the network or system of this service
  • Unauthorized access to the service network
  • Act to impersonate a third party
  • Act to have a third party use this service
  • The Company's duplication, modification, transmission, and other acts within the scope necessary for the operation of the Service may infringe on any third party's intellectual property rights, privacy, honor, credit, portrait rights, or any other rights or interests. The act of transmitting the applicable information to the Company
  • Act of falsifying information that can be used by this service
  • Actions that do not overlook or correct that the user performs the actions of the preceding items
  • Acts that directly or indirectly cause or facilitate the acts of the preceding items
  • Other acts that the Company deems inappropriate

Suspension of Use, etc.

  1. If the Company determines that the contractor falls under or falls under any of the following items, it will suspend or contract the use of all or part of the Service without giving prior notice: Can revoke a purchased ticket. The Company is not obligated to disclose the reasons for the above judgment.
    • In the event of breach of any of the terms of this Agreement
    • When it turns out that it corresponds to each item of Article 4 paragraph 3
    • When there is no response for more than 14 days to our inquiry
    • In addition, if the Company determines that the use of the Service is not appropriate
  2. The contractor falls under any of the above items or, if judged to be the case, loses the interest in the term of all debts owed to the company and immediately fulfills all debts to the company Must do.
  3. We will not be liable for any damages caused to the contractor by the actions we have taken under this section.

Change, interruption, termination of this service

  1. We are responsible for business reasons, system overload / defect / maintenance, enactment / revision of laws and regulations, natural disasters, accidental accident / power failure / communication failure / illegal access, change / defect / stop of EDR / CDR specifications, The Service may be changed, interrupted or terminated at any time for other reasons. We are not responsible for any damages caused to the contractor by this.
  2. We will endeavor to give notice in advance for a considerable period of time before the change, suspension or termination of the preceding paragraph. However, this is not the case in case of emergency.

Non-guarantee / Disclaimer

  1. We do not guarantee the following: This service is accurate and complete, runs forever, and has no errors, bugs, bugs, or security flaws. The usage environment does not cause any problems or obstacles due to use. Does not violate third party rights. Provides the properties and performance that contractors expect. In accordance with the contractor's specific purpose, the internal rules of the trade association that applies to the contractor.
  2. We will use commercially reasonable efforts to ensure that our reports are accurate, but we do not guarantee their accuracy. The Contractor shall use the report content against the EDR data at his / her own risk.
  3. We do not take any responsibility for the portion of this service that relies on EDR or CDR used by the contractor or EDR data uploaded by the contractor.

Dispute settlement and damages

  1. If the contractor damages the company in connection with the use of the service, the contractor shall compensate the company for the damage.
  2. If the contractor receives a complaint from or a dispute with a third party in connection with the Service, the contractor shall immediately notify the Company of the details and the contractor's expense. And liability, handle the claim or dispute and report the progress and results to the Company.
  3. If the Company receives a claim from a third party or disputes with a third party in connection with the use of the Service by the Contractor, the Contractor shall, at the Contractor's expense and liability, We will process the claims or disputes, report the progress and results to the Company, and compensate the Company for the amount and any other damages for which it is required to pay.
  4. In providing the Service, the Company shall only compensate the Contractor for damages caused by his own intention or gross negligence. Our disclaimers in this agreement do not apply if our company is intentionally or grossly negligent.
  5. If we are obligated to indemnify the contractor (if the preceding paragraph or the law applies), the scope of damages covered is limited to the normal damages actually incurred by the contractor (loss Loss will be lost) The amount of damages will be limited to the amount of the ticket associated with the EDR data or report that caused the damage directly. This section shall apply to all damages, whether for default, liability, unjust enrichment, tort or any other cause.

Confidentiality

  1. In this section, "Discloser" means the party who disclosed the confidential information among the parties to this Agreement, "Recipient" means the person who received the confidential information, and "Confidential Information" means Of all the information on the discloser's technology, sales, operations, finance, organization and other matters, the medium on which the information is provided (including, but not limited to, writing, optical disc, USB memory and CD).same as below. Or electromagnetic data containing information (including electronic mail and electronic files when disclosed by electronic mail, transmission or upload of electronic files, etc., but shall not be limited to these. The same shall apply hereinafter). Information that clearly indicates that there is an EDR data sent to the subscriber service. However, the information corresponding to any of the following does not correspond to the confidential information.
    • Information known at the time of disclosure
    • Information that has become publicly known without any recourse to the recipient after being disclosed
    • Information that the recipient has properly held prior to disclosure
    • Information that the recipient has acquired independently without using confidential information
    • Information legally obtained from third parties for which the recipient has rights
    • Information confirmed in writing from the disclosing party that confidentiality is not necessary
  2. The recipient shall handle and store the received confidential information with the duty of the good administrator.
  3. Recipient shall not use Confidential Information for any purpose other than this Agreement.
  4. Recipient may copy Confidential Information to the extent that it is objectively and reasonably necessary for this Agreement.
  5. Recipients shall not disclose confidential information, and shall not disclose confidential information to third parties without the prior written consent of the discloser. However, it can be disclosed only to the persons specified in the following items.
    • The minimum number of self-executive officers and employees necessary for this contract (however, it is limited to confidential information within the objective-reasonably necessary range for this service)
    • Lawyers, legally certified accountants, etc.
    • A third party that the disclosing party has previously approved in writing (provided that the third party imposes the same obligation as the recipient in this contract).
  6. Disclosure of confidential information to the recipient is not considered by the disclosing party as a license or assignment of the right regarding the confidential information.
  7. The Recipient shall promptly return or delete all confidential information received from the Discloser to the Discloser in accordance with the Discloser's instructions upon request from the Discloser or upon termination of this Agreement.
  8. The recipient shall immediately report the details to the disclosing party if confidential information that has received disclosure is leaked, and shall take objective and rational measures to prevent the spread of the outflow. The reasonable cost for such measures will be borne by the recipient. However, this is not the case if the cause is the accused of the discloser.
  9. When a recipient is requested by a judicial or administrative agency to disclose confidential information, the recipient shall promptly notify the discloser of the fact and, if requested by the discloser, narrow the scope of the disclosure. After making every effort, you can disclose confidential information. If the Disclosure seeks legal relief, you will cooperate with the Disclosure to a reasonable extent.

Handling of personal information

We will handle personal information properly based on our prescribed "Privacy Policy".

Change of Terms

  1. The Company may, at any time, change the Terms arbitrarily at any time for any reason, and the Contractor agrees.
  2. Unless otherwise specified by the Company, changes to the Terms and Conditions will be notified to the Contractor by the method of posting on the Service.
  3. Changes to these Terms shall take effect on the date specified in the notice of the preceding paragraph.
  4. The Company shall endeavor to give notice under the preceding paragraph by a reasonable period of time by the date specified in the preceding paragraph when changing important matters of this Agreement.
  5. If the Contractor does not agree to change these Terms, the Contractor's only option is to terminate the Agreement prematurely. If the Contractor does not terminate this Agreement prematurely by the date specified in the notice in Section 2, it shall be deemed that he / she has agreed to change the Terms.

Contact

  1. Communication from the Company to the contractor will be made by any means deemed appropriate by the Company, such as sending a letter, sending an e-mail, or posting on this service. If the contact is made by e-mail or by posting on the Service, it shall be deemed that the contract has been reached upon distribution on the Internet
  2. The contact from the contractor to the Company shall be limited to the method of sending an E-mail to the E-mail address for inquiry specified by the Company. We have no obligation to respond to inquiries in any other way.

Exclusion of relations with antisocial forces

  1. In this Article, "anti-social forces" refer to those who fall under any of the following items.
    • Gangsters and their related organizations or their members
    • Groups or individuals seeking financial gain by using violence, power or fraudulent methods
    • Other than those who fall under the corresponding person in each of the preceding items
  2. The contractor and the Company shall express and guarantee the contents specified in the following items.
    • Do not fall under the category of anti-social forces and do not fall under the future
    • Have no inappropriate relationship with antisocial forces and have no inappropriate relationship in the future
  3. If the other party violates the preceding paragraph, the contractor and the Company may terminate the use of this service or terminate the use without notifying the other party.
  4. If the contractor or the Company violates paragraph 2, the contractor or the Company shall lose profits on all obligations owed to the counterparty and shall immediately fulfill all obligations to the counterparty.
  5. The Contractor and the Company shall not be liable for any damages caused to the other party due to the acts conducted by the Company under this Article.

Assignment of contractual status, etc.

  1. The contractor shall not transfer, transfer, set security, or otherwise dispose of the status or rights and obligations under this service to a third party without our prior written consent.
  2. If the Company transfers the business related to the Service to a third party (including not only ordinary business transfer, but also any company split or any other business transfer), the business transfer , The rights and obligations under this Agreement or the Services and the registered matters, personal information, and other information may be transferred to the transferee of the business transfer, and the contractor agrees in advance to such transfer.

Complete Agreement

This Agreement constitutes a complete agreement between the parties to this Agreement, and any written, verbal or other agreement regarding this Agreement made between the parties prior to the conclusion of this Agreement will be incorporated into this Agreement. It will be replaced.

Separability

Should any provision of this Agreement turn out to be illegal, invalid, or impossible by law or court, the other parts of the regulation and the other provisions of this Agreement will survive. In cases where it is found to be illegal or invalid, replace the most effective provision closest to the purpose of the relevant part with an invalid part and apply it, or make it the valid provision closest to the purpose of the relevant part. Make a reasonable interpretation.

Governing Law

The governing law of this agreement is Japanese law.

Jurisdiction

If a dispute arises between the contractor and the Company in connection with the Service, the Yokohama District Court shall be the exclusive agreement jurisdiction court of the first trial.

that's all

May 01, 2019 Established

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