toletta Terms of Use

These Terms and Conditions of Use (hereinafter after referred to as this “Terms of Use”) set out the contractual relationship between Hachi Tama Inc. (hereinafter after referred to as “Hachi Tama”) and the users for the usage of Hachi Tama’s application “toletta” (hereinafter referred to as the “APP”) and its service (hereinafter referred to as this “service”).

 

Article 1 (Establishment of a Membership Contract)

A membership contract based on this Terms of Use will be established between Hachi Tama and the customer, by the customer’s agreement to this Terms of Use as the contract between the customer and Hachi Tama by the method prescribed by Hachi Tama, or by Hachi Tama in advance displays this Terms of Use to the customer as the contract between the customer and Hachi Tama (hereinafter the customer who agreed to a membership contract with Hachi Tama is referred to as the “member”).

 

Article 2 (Use of Membership Information)
  1. A treatment of information which the member registered by the method prescribed by Hachi Tama for this service (hereinafter referred to as the “membership information”) is subject to the Privacy Policy Hachi Tama defines.
  2. When there are any changes to the membership information that the member has registered, the member shall be asked to immediately update the registered information by the method prescribed Hachi Tama.
  3. When damage is caused to the member due to false or incorrect registered membership information, or the changes to the registered information have not been noticed by the member, Hachi Tama shall be exempted from responsibility up to the limit of not violating laws such as Consumer Contract Act.

 

Article 3 (ID and Password)
  1. The member is responsible for the careful management of registered ID and Password as a membership information.
  2. The member shall not disclose his/her ID or Password to the third party, or shall not let the third party use those information.
  3. The member shall immediately notice Hachi Tama for the cases which any unauthorized usage of his/her ID or Password by the third party is suspected.
  4. When damage is caused to the member due to unauthorized usage of ID or Password by the third pary, Hachi Tama shall consider it as the usage by the member oneself, and shall be exempted from responsibility up to the limit of not violating laws such as Consumer Contract Act.

 

Article (How to Use the Service)

1. The methods of usage of this service are as follows:

(1) Installation and management of the litter box for this service
(a) Hachi Tama delivers “toletta” for this service (hereinafter referred to as the “litter box”) pursuant to this contract by shipping the litter box to a location where the member designates. The member shall be responsible for a shipping cost and other necessary cost for this service.
(b) Please install the litter box for the cat member owns (hereinafter referred to as the “cat”) by the member oneself according to the method prescriped by Hachi Tama when the litter box arrives at the member’s location.
(c) After installation of the litter box, please manage the litter box by the member oneself according to the method prescribed by Hachi Tama.

(2) Initial settings of the APP
(a) The member shall ensure and maintain the necessary environment (such as devices) to use this service by oneself.
(b) Please download this APP by the member oneself via application software downloading service for smartphone applications such as “App Store”, “Google Play Store”, etc.
(c) Once downloading of this APP is completed, please start this APP and register information of the member, the cat, and any other necessary information on this APP according to the method prescribed by Hachi Tama.

(3) Information registration on this APP
(a) Cases which there are multiple cats using the litter box and the litter box cannot distinguish the information such as which cat has used the litter box, the member shall register the information such as which cat has used the litter box on this APP according to the method prescribed by Hachi Tama.
(b) Please cooperate as there may be cases which the member shall register information on this APP according to the method prescribed by Hachi Tama.

(4) Other usage method
Please refer to Hachi Tama’s official website (https://toletta.jp/en/) or Hachi Tama’s explanation displayed on this APP for other usage method.

 

Article 5 (Contents of the Service)

1. The contents of this service are as follows:
(a) The device of the litter box reads the information on the cat’s body weight, number of urine, urine volume, and other information (hereinafter referred to as “read information”) every time the cat uses the litter box, and displays the read information on this APP.
(b) The system of this APP analyzes the read information and displays the analyzed information (hereinafter referred to as “analysis information”) on this APP.
(c) The read information and analysis information from the day of the cat used the litter box for the first time till now are displayed with a calendar on this APP.
(d) Any other services Hachi Tama provides to the member on this APP

2. This service does not provide medical diagnosis, instruction of health and hygiene, or any other veterinary issues about the cat to the member. Please kindly understand that the member shall use this service to manage the cat’s health care management with own responsibility, and consult with veterinarian when the member find any health issue of the cat.

3. This service adopted the system to shoot the cat automatically on the camera installed on the litterbox to determine the identification of the cat by using an image recognition technology. Please kindly understand that when the camera shoots the cat, it may include not only the cat, but also the member, a family of the member, background image of the cat (for example the scenary of house the cat lives in), etc. and those shot images may be seen by Hachi Tama or Hachi Tama’s outsourcing company (such as a server manager) upon operation of this service.

 

Article 6 (Service Usage Fee)

1. The usage fee of this service is a price prescribed separately by Hachi Tama.

2. The payment method of the usage fee of this service is a method prescribed separately by Hachi Tama.

 

Article 7 (Duration of Contract)

The duration of this contract is for two(2) years since the day of contract establishment (hereinafter referred to as the “initial duration of contract”).

 

Article 8 (Automatic Renewal)

When the duration of this contract expires, duration of contract will be automatically renewed to one(1) month except when the member or Hachi Tama declares intention separately, and it continues the same afterwards.

 

Article 9 (Mid-term Cancellation)

1. Cancellation of this contract by the member during the initial duration of contract is not allowed except following cases:
(1) Cases which the member’s cancellation right occurs due to debt default of Hachi Tama
(2) Cases which the member’s mid-term cancellation shall not be limited due to Consumer Contract Act or other laws.

2. When the member cancels this contract during effective duration of this contract, the member shall be responsible for following payments for Hachi Tama as a penalty up to the limit permitted by Consumer Contract Act or other laws.
(1) A remaining amount of the usage fee of this service excluding the amount already paid to Hachi Tama by the member
(2) A price which Hachi Tama reasonably decides as receipt fee or any other charges for cases which Hachi Tama receives the litter box which the member has used, based on agreement between the member and Hachi Tama at the cancellation of this contract

 

Article 10 (Termination of Contract)

The member shall not be able to receive any part of this service based on this contract after termination of this contract regardless of the reason of termination.

 

Article 11 (Unit of Contract)

This contract shall be established for each litter box which the member applied to conclude this contract

 

Article 12 (Ownership of Litter Box)

Currently under arrangement (we apologize for not completing this term, however we shall complement once the arrangement with cooperative company is completed.)

 

Article 13 (Cases which Litter Box Does Not Fit the Contract)

1. Cases which the litter box does not fit this contract in terms of type, quality or quantity, the member shall be able to have a claim on Hachi Tama for a subsequent completion of performance by repair, delivery of replacement, or delivery of shortfall. However, if the case does not impose unreasonable burden on the member, Hachi Tama shall be able to complete its performance subsequently by the different method which the member claimed.

2. When the member have a formal demand with a sufficient period and no subsequent completion of performance is made for the cases which preceding article defines, the member shall be able to claim on Hachi Tama for a discount of the price according to the level of non-conformity.

3. When the non-conformity defined in preceding article is for reasons attributable to the member, the member shall not be able to claim on Hachi Tama for a subsequent completion of performance or a price discount defined in preceding two(2) articles.

4. Cases which Hachi Tama delivers the litter box which does not fit this contract in terms of type or quality and the member does not notify Hachi Tama of it within one(1) year since the litter box is delivered to the member from Hachi Tama, the member shall not be able to claim for a subsequent completion of performance, a price discount, a compensation, or contract cancellation due to prescribed non-conformity. However, it shall not be applied if Hachi Tama has known of the non-conformity at the delivery of the litter box, or has not known of it due to gross negligence.

 

Article 14 (Service Time and Service Stop)

1. Service provision window for this service shall basically be open throughout a year.

2. Regardless of preceding article, Hachi Tama shall be able to stop all or a part of this service for a necessary duration for following reasons:
In this case, Hachi Tama shall in advance announce the reason of the service stop and duration on this service, excluding urgent cases.
(a) Cases which system or other equipment maintenance, inspection, repair work or any other necessary operation is necessary for this service
(b) Cases which failure or excessive burden occurs on the system or other equipment related to this service
(c) Cases which hacking or other abnormal circumstances occurs, or possibily occurs
(d) Cases which a measure to secure safety of this service needs to be taken, or research is needed
(e) Cases which provision of all or a part of this service becomes difficult due to an accidental force
(f) Any other cases which Hachi Tama reasonably decides that stop of this service is necessary

3. When damage is caused to the member due to Hachi Tama’s action based on preceding article, Hachi Tama shall be exempted from responsibility up to the limit of not violating laws such as Consumer Contract Act.

 

Article 15 (Matters to Be Observed)

The member shall comply with following terms (hereinafter referred to as “compliance rules”):
(a) To update information of the member or cats, or any other information the member registers on this APP to the latest
(b) To comply with terms set in this Terms of Use
(c) To comply with the usage method other than those set in this Terms of Use, displayed on Hachi Tama’s official website (https://toletta.jp/en/) or on this APP
(d) To comply with laws

 

Article 16 (Prohibitions)

The member shall be prohibited from any action concerned following terms (hereinafter referred to as “prohibited terms”)
(a) To log in to this APP by using the third party’s ID or by any other devious means
(b) To register false, incorrect, or unauthorized information on this APP
(c) To violate or may violate any laws, judgement, decision or order of court, or administrative measure, instruction or guideline of government
(d) To infringe or may infringe on the rights or benefits of Hachi Tama or the third party and cause damage to Hachi Tama or the third party
(e) To acquire, disclose, or leak any secret or personal information of Hachi Tama or the third party illegally through usage of this service
(f) To violate or may violate public order and standards of decency, or common senses
(g) To cause or may cause a failure on this service or this APP
(h) To use computer viruses, any other harmful programs, files, or electromagnetic record for Hachi Tama or the third party
(i) To cause excessive burden on the system or other equipment of this APP
(j) To access to Hachi Tama’s official website or to start and use this APP by using Artificial Intelligence, robot, or any other automated methods
(k) To analyze, falsify, modify, replicate or have a secondary use of Hachi Tama’s website or this APP by decompiling, disassembling, reverse-engineering or any other methods
(l) To modify Hachi Tama’s official website or program, programming code, file, or other information of this APP
(m) To vliolate or may vilote the drift or purpose of this service
(n) To have any other actions which Hachi Tama judge as inappropriate

 

Article 17 (Suspension and Limitation of Usage)

1. Hachi Tama shall be able to stop or limit all or a part of usage of this service by the member without prior consent, in case which the member does not comply with compliance obligation or he/she is suspected to violate prohibited terms.

2. When damage is caused to the member due to Hachi Tama’s action based on preceding article, Hachi Tama shall be exempted from responsibility up to the limit of not violating laws such as Consumer Contract Act.

 

Article 18 (Membership Disqualification)

1. Hachi Tama shall be able to cancel this contract (membership disqualification) without prior notification or other formalities when the member falls under any of followings:
(a) Cases which the member does not comply with compliance rules or vliolates prohibited terms
(b) Cases which Hachi Tama decides as the continued use of this service by the member is not appropriate

2. When damage is caused to the member due to membership qualification based on preceding article, Hachi Tama shall be exempted from responsibility up to the limit of not violating laws such as Consumer Contract Act.

 

Article 19 (Change or End of the Service)

1. Hachi Tama shall be able to modify all or a part of this service without prior notice to the member.

2. Hachi Tama shall be able to terminate the provision of all or a part of this service excluding urgent case upon prior notice to the member by announcement on this APP, Hachi Tama’s official website or any other methods in case any of followings occurs:
In this case, all or a part of this contract automatically terminates.
(a) Cases which Hachi Tama becomes unable to operate this service due to an accidental force
(b) Cases which Hachi Tama decides not to continue the provision of this service due to a managerial reason of Hachi Tama

3. When damage is caused to the member due to modification or termination based on preceding two(2) articles, Hachi Tama shall be exempted from responsibility up to the limit of not violating laws such as Consumer Contract Act.

 

Article 20 (Compensation)

The member shall compensate Hachi Tama for any damage caused to Hachi Tama (includes charged price to Hachi Tama by the third party, investigation cost, attorney’s fee or any other specialist’s fee) due to reasons attributable to the member.

 

Article 21 (Matters Out of Warranty)

1. Hachi Tama shall not warrant integrity, usefulness, product value, conformity of regulations and any other terms of provided information to the member on this service.
2. Hachi Tama shall not warrant that there is no error, bug, failure or any other security defect on this service, or this service not to be violating the rights of the third party.
3. Hachi Tama shall not warrant this service to be beneficial in terms of health care management of the cat by the member.

 

Article 22 (Disclaimer)

1. When damage is caused to the member due to following reasons, Hachi Tama shall be exempted from responsibility up to the limit of not violating laws such as Consumer Contract Act:
(a) Due to usage environment of the member
(b) Due to invasion of computer viruses, any other harmful program or other electromagnetic record which anti-virus software Hachi Tama installed by the third party does not support
(c) Due to unauthorized access, wiretapping, or such action by the third party
(d) Due to orders or compulsory execution based on laws by court or government
(e) Due to a reason attribute to the member’s non-conformity of compliance rules or violence of prohibited terms
(f) Due to each term of preceding article
(g) Due to Hachi Tama’s action under the member’s request or approval
(h) Due to dispute or other occurred between the member and the third party related to the usage of this service
(i) Due to any reason not attribute to Hachi Tama

2. Regardless of the cause, Hachi Tama shall be exempted from responsibility of following terms up to the limit of not violating laws such as Consumer Contract Act even in cases which Hachi Tama is responsible for compensation to the member:
(a) Any damage which is unable for Hachi Tama to foresee at the conclusion of this contract or debt default of Hachi Tama
(b) Any damage caused due to a special circumstance
(c) Lost profits
(d) Expense decided by the member

3.Regardless of the cause, a limitation of Hachi Tama’s liability for damages shall be up to the price equivalent to the service usage fee the member has paid in the past one(1) year even in cases which Hachi Tama is responsible for compensation to the member, exludes the cases which the damage was caused due to Hachi Tama’s intension or its gross negligence. If by any chance the first sentence of this term violates laws such as Consumer Contract Act, the sentence shall be valid up to the limitation of violating the regulations, and the amount of compensation by Hachi Tama to the member shall be within the limit of Hachi Tama is responsible base on the sentence.

 

Article 23 (Intellectual Property Right)

Hachi Tama or its licensors retain all intellectual property right related to this service. The member shall be able to use the subject of those intellectual property right within authorized scope by Hachi Tama through this service.

 

Article 24 (Assignment of Contract)

The member shall not transfer, succeed, collateralise, or dispose his/her contractual status, right, or obligation to the third party excluding the cases which written approval of Hachi Tama is prepared in advance.

 

Article 25 (Reconsignment)

Hachi Tama shall be able to entrust all or a part of operations of providing this service to the third party.

 

Article 26 (Exclusion of Anti Social Forces)

1. Hachi Tama shall be able to cancel this contract without prior notification or other formalities when the member is found to be an anti social forces (which means an organized crime group, a member of an organized crime group, a right-wing organization, and any other equivalent person of above or the person who have close relationship with above).

2. When damage is caused to the cancellation based on preceding term, Hachi Tama shall be exempted from responsibility up to the limit of not violating laws such as Consumer Contract Act.

3. The member shall compensate Hachi Tama for any damage caused to Hachi Tama (includes charged price to Hachi Tama by the third party, investigation cost, attorney’s fee or any other specialist’s fee) due to reasons described in the first(1) term.

 

Article 27 (Notification)

A notification to the member shall be done by notification on this APP, an email to the email address included in the membership information at that time, or any other method Hachi Tama decides as appropriate.

 

Article 28 (Modification of the Contract)

1. Hachi Tama shall be able to modify all or a part of this contract at any time.

2. Hachi Tama shall define the effective date when changing all or a part of this Terms of Use, and by the effective date to come, Hachi Tama shall announce the change of this Terms of Use, changed content, and effective date of the change on this APP or Hachi Tama’s official website by using internet, or by any other appropriate methods.

 

Article 29 (Separability)

In case a part of this Terms of Use is judged as invalid by laws such as Consumer Contract Act, remaining parts other than the part indicated as cause of invaliation shall be valid continuously.

 

Article 30 (Governing Law and Jurisdiction)

1. This Terms and Condition, and this contract are understood or applied according to Japanese Law.
2. The member and Hachi Tama hereby consent to and confer exclusive jurisdiction upon Tokyo District Court over any disputes arising out of or relating to this contract.

 

Establishment and Enforcement on March 23rd, 2018