Smart Mat Terms of Use

This page contains the SmartMat Terms of Use (English version).

Smart Mat Terms of Use

In order to ensure that SmartMat can be used without difficulties, we define the SmartMat Terms of Use as follows.  The following SmartMat Terms of Use shall apply to the use of the SmartMat, and please read them carefully before using the SmartMat.

In addition to the SmartMat Terms of Use, the SmartMat Rental Terms of Use shall apply to the users who install the SmartMat by way of rental.

Article 1 (General Provisions)

This Terms of Use stipulates the basic matters concerning the use of SmartMat (hereinafter referred to as "the Service") provided and operated by SmartShopping, Inc. (hereinafter referred to as "the Company"), related to the usage of SmartMat between the users, the partner company, and the Company.

The Service the Company provides is related to improving business efficiency and inventory optimization through real-time inventory visualization and automatic ordering by measuring the remaining quantity of consumables, etc. using SmartMat.

Article 2 (Definition)

• "User" means a corporation, group, or individual who has acknowledged this Terms of Service and has entered a SmartMat Usage Agreement with the partner company or the Company.
• "Partner" means a corporation, organization, or individual who is involved in the sales and service operation of SmartMat based on the individual contract separately concluded between the Partner and the User.
• "Measurement Information" refers to information such as remaining quantity, quantity, unit price, transaction, purchase date, amount, points, etc. related to the measurement and purchase when the User measures the remaining quantity of consumables, etc. through this Service.
• The term "User Registration" shall mean the registration of the use of the Service by the User in accordance with the method prescribed in Article 5.
• The term "User Registration Information" shall mean the information specified by the Company that the User has registered at the time of User Registration, the information that the Company deems necessary and requests to be registered during the use of the Service, and the information that the User has added or changed regarding such information, including the User's login information and password.
• The term "Content" includes, but is not limited to, text, images, video, programs, data, word-of-mouth information, and other information.
• The term "User Login Information" shall mean the code used to identify the User and other persons in combination with the User Login Information.
• "Service" means the service related to the measurement of the remaining number of consumables, etc., provided by the Company, based on the SmartMat Service Agreement, and includes ancillary services such as initial setup support and customer support for the introduction of Smart Mats.
• The term "SmartMat Service Agreement" shall mean the contractual relationship between a User and the Company regarding the use of the Service.

Article 3 (Scope of Application)

These Terms of Use shall apply to the Company and Users in relation to the use of the Service.

If the Company posts individual or additional rules on the Service, these shall constitute a part of these Terms of Use, and if there are individual or additional rules conflicted with these Terms of Use, the individual or additional rules shall take precedence.  When a User purchases a product using the Service, the Company shall not be involved in any sales contract or payment settlement for the product.

Article 4 (Information Obtained through the Service)

For the purpose of proper operation of the Service, the Company may check the User's purchasing information and other information regarding the usage of the Service. The User agrees in advance that the Company may check the User's usage of the Service. The rights to the data to be filled in by the User, such as product name, product code, and ordering address, shall belong to the User. The Company may from time-to-time determine the content and duration of information to be obtained by the Company through the Service, and the User shall not be able to object to this. Regarding the User's purchase information and other information related to the usage of the Service, etc., the Company shall store the most recent six (6) months' worth of such information. However, the Company shall bear no responsibility for any loss of this information, and Users shall not be able to object to this potential data loss.

The Company may provide the information acquired through the operation of this Service to the Partner(s) based on the individual contract separately concluded with the Company. The contents of such information shall be determined based on the consultation between the Company and the Partner(s).

Article 5 (Start of Use of the Service)

This Service is provided and operated by the Company on the condition that the User enters the SmartMat Service Agreement and accepts the Terms of Service and related rules, notices, etc. without change. The User shall register for the Service, and shall provide the Company with the User Registration Information. The Company may, at its discretion, refuse to provide this service to a User if it is found that the User falls under any of the following items, regardless of whether the User has concluded a SmartMat Service Agreement.

• In the application for the use of the Service, regardless of whether there is any intentional negligence, the use of another person's name or a fictitious name, false statements, misdescriptions, or any other untrue statements or omissions.
• If the User is or can be reasonably presumed to be in violation of the prohibition stipulated in Article 9 or the suspension or cancellation of the Service stipulated in Article 10.
• When the User has repeatedly violated the Smart Mat Service Agreement in the past, or is reasonably suspected to be such a person.
• In addition, when the Company deems it inappropriate or impossible to provide this service.

Article 6 (Fees, Term of Use and Payment Method)

The fees and payment method for using the Service shall be stipulated in the Smart Mat application form or in the individual contract. Unless otherwise specified between the Company and the User, the term of use of the Service shall be one (1) year, and shall be automatically renewed unless the User notifies the Company in writing one (1) month prior to the expiration of the contract. If the User installs the Service via the Partner(s), the individual terms and conditions between the Partner and the User, including the billing and payment, regarding the installment of SmartMat shall prevail.

Article 7 (Obligations of Users)

Unless otherwise specified, the User shall prepare and implement, at his/her own expense and responsibility, communication equipment and software for using the Service. The Users shall manage their user registration information and passwords at their own risk. In addition, the users shall not lend, transfer, change the name of, sell, or pledge the user registration information and password, and shall not allow any third party to use them regardless of the method. If the User is a corporation or organization and it is deemed necessary for the use of this Service, the provisions of the preceding paragraph shall not necessarily apply, but the user shall be responsible for any damage caused by insufficient management of user registration information, errors in use, or use by a third party. Replenishment of the products through using the Service is carried out by the User’s responsibility, and the Company shall not be a party, messenger, agent, or mediator for these actions, and shall not be responsible for any consequences arising from these actions. The Users shall take full responsibility for all the actions taken using this Service and the results thereof. In addition, if a User receives an inquiry or claim from a third party regarding the use of this service, the user shall handle and resolve the matter at their own responsibility and expense. If there is a change in the User Registration Information, the User must change the said User Registration Information within fourteen (14) days from the date of the change in accordance with the method prescribed by this site. The Company shall not be held responsible for any damages incurred by the user due to the User's failure to change the User Registration Information. The User shall agree without objection in advance that, if a notice from the Company fails to reach the user due to the user's failure to change the information in the preceding paragraph, the notice shall be deemed to have reached the user at the time it would normally have reached the user.

If the User causes damage to the Company or another third party using the Service (including cases where the Company or a third party suffers damage due to the User's violation of these Terms of Use), the User shall be responsible for and pay for the damage. The User shall handle and resolve the matter at his/her own responsibility and expense. In addition, if the Company receives a claim for damages from a third party as a result of a User's act, the User shall indemnify the Company for any damages and costs incurred by the Company (including indirect damages and costs such as legal fees within a reasonable range).

Article 8 (Withdrawal of the User)

If a User wishes to cancel the usage of the Service, the User shall express his/her intention to cancel the Service to the Company at least thirty (30) days prior to the desired cancellation date in accordance with the Smart Mat Usage Agreement. After the termination of the Smart Mat Service Agreement, the User shall no longer be able to use the Service, and the Company may, at its discretion, delete all service usage information (including the User Registration Information) of the User. The User agrees that the Company shall not be exempted from all the obligations and liabilities to the Company and other third parties under the SmartMat Service Agreement even after the Company retains and uses the Service Usage Information of the User and the termination of the SmartMat Service Agreement. This Agreement does not exempt the User from all the obligations and liabilities to the Company and other third parties after the termination of the SmartMat Service Agreement. The Company shall not be liable for any damages incurred by the User, the Company, or any other third party due to the termination of the SmartMat Service Agreement pursuant to this Article. When a User wishes to register for the Service again after termination of the Service, the User must conclude a SmartMat Service Agreement with the Company. The User agrees that the data before the withdrawal from the Service will not be succeeded after the User concludes the SmartMat Service Agreement again.

Article 9 (Prohibited Matters)

A User shall not engage in any of the following acts when using this Service. When using this Service, Users shall comply with the rules and regulations (if any) separately stipulated by the Company, as well as individual and additional rules, in addition to these Terms of Use. The Company may additionally post on the SmartMat Service Agreement on the website related to the deeds that are deemed problematic or likely to become problematic in the use of the Service. The User shall check the SmartMat Service Agreement and the website from time to time, and shall also comply with any additional matters if any.

• Conducting the same or similar services as this Service (except with the prior written permission from the Company)
• Products or goods that exceed the specified weight as stated in the SmartMat product catalog
• Intentional negligent act of damaging or destroying SmartMat products or interfering with weight measurement
• Infringement of intellectual property rights (patent rights, copyrights, trademarks, etc.)
• Actions that are or may be offensive to public order and morals
• Any other actions that violate or may violate laws, regulations, or ordinances
• Registering another person's personal information on this site, or otherwise making a false declaration or notification when using this site
• Acts that may interfere with the business of the Company
• Acts that harass or provoke other users, or acts that could be misinterpreted as such (including threatening, commanding, fighting, or abusive language).
• Acts of commercial advertising or publicity, or acts suspected of being such. However, this excludes cases where the Company has provided the prior consent
• Actions that are in litigation or may lead to litigation in the future
• Impersonation (e.g., claiming to be someone other than oneself). If a User becomes aware that his or her registered information is being used illegally by another party, the User should immediately notify the Company.
• The act of transferring or selling user login information.
• Interfering with the operation of this site or the network system.
• Unauthorized access or use of this site's services by methods other than those officially disclosed or those specified in this service agreement (e.g., use of another person's user login information and password).
• Acts of using or providing harmful programs such as computer viruses, or acts that may lead to such acts.
• Reverse engineering of programs related to this site (whether in object code or source code).
• Acts that damage the trust in this site.
• Acts of collecting or storing the personal information of other users.
• Other acts that the Company deems inappropriate for the proper operation of this service.

Article 10 (Suspension or Cancellation of Use of this Service)

If a User violates the preceding article, or in case the Company judges based on reasonable facts that there is a possibility that the User may violate the preceding article, or in case any of the following items are to be applied, the Company may, at its discretion, suspend or cancel the use of the Service by said User. The Company may, at its discretion, suspend or cancel the use of the Service by the relevant User, and the relevant User shall agree to such suspension or cancellation without objection.

• If the User violates the obligations under these Terms of Use
• If the Company deems it necessary for the operation and maintenance of this Service
• If the Company deems that the User is an antisocial force, etc., or that the User has relationships or involvement with antisocial forces
• The User has suspended payment or become unable to make payment, or has filed a petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation or similar proceedings.
• If a bill or a check that has been drawn or accepted by the User has been dishonored
• When a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or auction is filed
• When there is a serious doubt about the ability to pay fees for the use of the Service, such as when taxes and public dues are delinquent.
• When the Company judges that there are other reasons like the preceding items.

If the Company suspends the use of the Service in accordance with the preceding paragraph, the Company shall notify Users of the fact that they must remove the reasons for violating the preceding article within a certain period specified by the Company by means of a notice or demand, and Users shall follow such notice and remove the reasons for violating or possibly violating the preceding article within such period. The User shall, within the relevant period, eliminate the reasons for violating or possibly violating the preceding article in accordance with such notice.

If the Company is unable to determine that the possibility of a violation of the preceding article has been eliminated within a certain period, the Company shall be able to cancel the use of the Service by the User in question after notifying the User, and the User shall not object to such measures taken by the Company. The Company shall not be obligated to compensate the User for any damage, and the User shall not make any claim for compensation to the Company. The Company shall not be obligated to return to the User the payment of fees to the User based on the SmartMat Service Agreement that occurred during the period of suspension of the Service.

If the Company cancels the Service in accordance with the provisions of this Article, the Company may terminate the SmartMat Service Agreement of the User by notifying the User in the manner prescribed by the Company, unless the User proves that there is a serious error in the Company's decision regarding the suspension or cancellation of the service use of the User within one year from the date of cancellation.

The User acknowledges and agrees that the Company shall not be exempted from all obligations to the Company and other third parties even after the termination of the SmartMat Service Agreement.

Article 11 (Handling of Personal Information and User Registration Information)

The Company shall appropriately handle personal information, User Registration Information, and other information related to users in accordance with the "Privacy Policy" separately posted on the website. Based on the "Privacy Policy," the Company may entrust the handling of personal information, User Registration Information, and other information related to users to subcontractors to the extent necessary for the provision of the Service and related operations. The data accumulation, update of the User Registration Information, usage of the data through the Service shall be carried out by the User, and the Users shall be responsible for all consequences arising from these actions. The Company shall not be held responsible for any consequences arising from these actions. The User agrees that the Company may obtain the User's access log data, encrypted personal information, and other information and use it for the improvement and development of the Service. The User agrees that the User shall make all decisions related to all information obtained using this Service under the User's own responsibility, and that neither the Company nor the Partner shall be liable for any results of transactions, etc. made based on such decisions, and that the User shall not be liable for any disputes between the User and the Partner or third parties regarding the use of this Service.

Article 12 (Handling of Service Usage Information)

The Company may, based on its own discretion, reproduce, translate, edit, and modify the user information obtained in connection with the provision of the Service, not only for the improvement of the Service, but also for the advertising and promotional activities by the Company or the Partner. The user information defined in this Article refers to user attribute information, product and inventory information, and purchase and order data obtained by the Company in connection with the provision of the Service, and shall not include information that can identify individuals. Third parties authorized by the Company may perform any of the acts described in the preceding paragraph without any notice to the User, and shall not be required to pay any compensation or remuneration to the User for such acts. The User agrees to these without objection in advance, and shall exempt any third party authorized by this company from all responsibility for said actions, and shall not exercise any actions against the Company or the Partner.

Article 13 (Changes, suspension, discontinuation, addition, and abolition of the Service)

The Company may change, add, or discontinue all or part of the contents of the Service without prior notice to Users. If a User continues to use the Service after the Terms and Conditions related to the Service are changed, the User is deemed to have agreed to such changes. If the User does not agree to such changes, the User must cancel the Service.

If the Company discontinues the provision or operation of all or part of the Service at the Company's discretion, the Company shall notify the User to that effect in a manner deemed appropriate by the Company. However, in the event of an emergency, the Company may not notify the User. The Company may temporarily suspend part or all the Service without prior notice to Users if any of the following events occur

• In the event of periodic or emergency maintenance or repair of the hardware, software, or communication equipment for this Service.
• When the Service of a telecommunications carrier is not provided.
• When it is difficult to provide the Service due to force majeure such as natural disaster
• When provision of the Service is difficult due to fire, power failure, or other unforeseen accidents
• If the provision of the Service is difficult due to war, conflict, disturbance, riot, labor dispute, etc.
• In other cases where the Company deems it necessary in accordance with the preceding items.

The Company shall not be liable to the users of the Service, Partners or third parties for any damages caused by the changes, additions, abolition, suspension, or interruption of the Service as stipulated in this Article, including compensation for damages, restoration of the original state and any other damages.

Article 14 (Confidentiality of Communications)

The Company shall protect the confidentiality of the User's communications in accordance with the Telecommunications Business Law in Japan. However, this shall not apply to the case stipulated in this Agreement, the case where the Company deems it unavoidable due to the necessity of providing the User Service, the case where the Company obtains consent from the User, or the weight data transmitted from the weight sensor of SmartMat to the cloud server related to using the Service. 

The Company shall not assume the obligation of confidentiality set forth in the preceding paragraph to the extent specified in each of the following items if any one of the following items applies

• In the event of a compulsory action or court order based on the provisions of the Code of Criminal Procedure or the Act on the Interception of Communications for Criminal Investigations in Japan or other jurisdictions.
• In the event of an administrative action based on laws and regulations
• If the Company deems that the requirements for a request for disclosure based on Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Disclosure of Identification Information of the Sender are met.
• When the Company deems it necessary for the protection of human life, body, or property.
• When the Company deems it necessary for other reasons.

Article 15 (Ownership of Copyright, etc.)

The copyright and all other intellectual property rights related to the Contents provided by the Company to the Users in the Service shall belong to the Company or the licensors who have licensed the use of the rights to the Company, and the Users may not translate, edit, or modify the Contents, or allow a third party to use or publish the Contents without the consent of the Company or the licensors. The User may not translate, edit, modify, or otherwise use or disclose the Content to any third party without the permission of the Company and the licensor. In addition, Users may not reproduce the Contents beyond the scope of private use as stipulated in the Copyright Act. If a problem arises due to a user's violation of the provisions of this Article, the user shall resolve the problem at his/her own expense and responsibility, and shall not cause any inconvenience or damage to the Company. In providing this Service, the Company makes no guarantees regarding the intellectual property rights of rights holders outside Japan, and assumes no responsibility. Trademarks, logos, service marks, etc. (hereinafter collectively referred to as "Trademarks, etc.") may be displayed on the website. However, the Company does not transfer or license the use of such trademarks to users or other third parties under these Terms of Use, and Users may not apply for trademark registration for unregistered trademarks on the website. In addition, Users shall not apply for patent rights, utility model rights, design rights, or trademark rights for inventions or other intellectual property related to this Service, nor shall they apply for registration of copyrights.

Article 16 (Communication and Notification)

Inquiries and other communications or notifications from Users to the Company regarding the Service, as well as notifications regarding changes to these Terms of Use and other communications or notifications from the Company to Users, shall be made in a manner determined by the Company. The Company may distribute e-mails of advertisements and promotions regarding the Service to the e-mail address registered by the User.

Article 17 (Disclaimer)

In addition to the contents stipulated in the preceding articles, the Company shall be exempted from liability in the cases stipulated in this article.

• The Company shall not be liable for any damage caused by account information or personal information obtained by the User using the Service.
• The Company shall not be responsible for any damage caused using the Company's ancillary products necessary for the use of this Service in a manner other than that specified by the Company, or by other carelessness in use by the User.
• The Company shall bear no responsibility whatsoever even when the User fails to receive the provision of this Service. The term "failure to receive the Service" in this section shall include all cases in which the User is unable to receive the Service due to communication line failure or any other reasons.
• The Company does not guarantee that any data or information in the Service will not be deleted or altered due to force majeure factors such as viruses. Users shall store such data and information at their own risk.
• This Company shall not be liable for any property damage, credit damage, or any other damage incurred by the User in connection with the use of this Service.
• Generally, the Company and information providers shall not be involved in communications or activities between users or between users and partners. Even in the unlikely event that a dispute or problem arises between users or between users and partners, the Company shall not be held responsible.
• If a dispute arises between a third party other than the User and the Company, the User who is a party to the dispute shall be responsible for resolving it at his/her own risk, and the Company shall not be involved in such dispute. In addition, if a third party suffers damage, the User in question shall compensate for the damage, and the Company shall bear no responsibility.
• This Service may contain or include predictions regarding future events, such as residual volume forecasts, etc. However, such statements are only predictions, and the Company does not guarantee the accuracy or reliability of their content. The Company assumes no responsibility for any damages incurred by Users based on this information.
• The Company does not guarantee and shall not bear any responsibility for the completeness, accuracy, certainty, usefulness, etc. of the information and other information that Users obtain from the Company through using the Service.

Article 18 (Transfer of Status under the Terms of Use, etc.)

The User may not, without the prior written consent of this Company, transfer all or part of the rights and obligations based on this Terms of Use to a third party. The Company may not assign or provide for the purpose of collateral to any third party, in whole or in part, the status under the SmartMat Service Agreement or the rights and obligations under these Terms of Use without prior written consent. If the Company transfers the business of the Service to another company, the Company may transfer the status of the SmartMat Service Agreement, the rights and obligations under these Terms of Use, and the User's Registration Information and other customer information to the transferee of such transfer, and the User shall be deemed to have agreed to such transfer. The transfer of business referred to in this paragraph shall include comprehensive succession by merger or corporate split, etc., in which the Company becomes an extinct company or a split company.

Article 19 (Limitation of Damages)

The Company shall not be obligated to compensate for all damages incurred by the User or any other third party due to the use of the Service, except in cases of gross negligence or willful misconduct. This does not mean that the Company shall be liable for any loss of opportunity, interruption of business, or any other damages (including indirect damages and lost profits) incurred by Users or other third parties, even if the Company has been notified of the possibility of such damages in advance, except in cases of gross negligence or willful misconduct. If the Company is grossly negligent or willful, the liability for damages stipulated in this Article shall not exceed the total amount of the Service usage fee received by the Company from the User as compensation.

Article 20 (Revision of Terms)

If the Company deems it necessary, the Company may change, add, or delete the Terms of Service and the SmartMat Service Agreement by posting them on this website without prior notice to or consent of the User, and any changes, additions, or deletions shall become effective as soon as they are posted on this website. In addition, if a User continues to use the Service after the time that the Company posts a notice, the user shall be deemed to have expressed his/her acceptance of these changes, additions, deletions, etc. without change.

Article 21 (Entire Agreement)

These Terms of Use constitute the entire agreement between the Company and the User with respect to the matters contained herein, and supersede all prior agreements, representations, and understandings, whether oral or written, between the Company and the User with respect to the matters contained herein.

Article 22 (Severability)

These Terms of Use, individual regulations, and additional regulations constitute the entire agreement between the Company and the User with respect to matters related to the Service, and supersede any prior agreements, representations, and understandings, whether oral or written, between the Company and the User with respect to matters contained in these Terms of Use. If the Company and the User enter an individual contract regarding the use of the Service, the provisions of these Terms of Use shall take precedence unless otherwise expressly provided in such individual contract.

Article 23 (Governing Law)

These Terms of Use, Smart Mat Service Agreement, and all matters related thereto shall be governed by and construed in accordance with the laws of Japan.

Article 24 (Jurisdiction)

If a problem arises between a User and the Company in relation to the Service, the two parties shall consult in good faith, and if the problem cannot be resolved through consultation, the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction in the first instance.