Terms of Service

Article 1 (Application)

These Terms are intended to define the rights and obligations between the Company and the Customer regarding use of the Service, and apply to all relationships between the Customer and the Company in connection with use of the Service.

Article 2 (Definitions)

The terms used in these Terms are defined as follows.

• "Service" means the environmental data platform service "Sustira" provided by the Company.
• "Customer" means the corporation or individual that agrees to these Terms and uses the Service.
• "Service Agreement" means the agreement regarding use of the Service concluded between the Company and the Customer under these Terms.
• "Plan" means the classification that defines the scope of use and the fee for the Service (Pilot, Base, Manage, Governance, Enterprise).
• "Pilot" means the 21-day evaluation period provided for making a decision on adopting the Service.
• "Device" means, collectively, the IoT equipment registered on the Customer's SwitchBot account. It is not limited to the sensor devices monitored by the Service, and includes all equipment registered on that account, such as hubs, plugs, and remote controls.
• "Credential" means the combination of the API token and secret key of a SwitchBot account, used by the Service to collect device data.
• "Group" means a device management unit corresponding to an organizational unit such as a site or a building.
• "Room" means a device management unit corresponding to a floor or room within a Group.

Article 3 (Registration)

• The Service is provided only to Customers that have an address or place of business in Japan. Applications for registration from Customers based outside Japan will not be approved. Japanese subsidiaries and branches of foreign corporations are eligible, provided they have a place of business in Japan.
• Anyone who wishes to use the Service shall apply for registration in the manner prescribed by the Company.
• The Company may decline to approve an application for registration if it determines that any of the following applies to the applicant:
  • The application contains false, erroneous, or missing information.
  • The applicant has previously violated these Terms.
  • The Company otherwise determines that registration is not appropriate.

Article 4 (Account Management)

• The Customer shall appropriately manage its account information at its own responsibility.
• The Customer may not transfer or lend its account information to any third party under any circumstances.
• The Customer shall be liable for any damage arising from inadequate management of account information, errors in use, use by a third party, or similar causes.

Article 5 (Pilot (Evaluation Period))

• After registration, the Customer may use Pilot, a 21-day evaluation period.
• During the Pilot period, limits of up to 2 Devices, 1 Credential, 1 Group, and 2 Rooms apply. Rule settings, data export, and notification features are not available.
• No automatic billing occurs when the Pilot period ends. To continue using the Service, the Customer must carry out the procedure to migrate to a paid plan.
• If the Customer does not migrate to a paid plan after the Pilot period ends, the dashboard and device management features become unavailable. A grace period of 7 days after the end of Pilot is provided for data collection via the API.
• Devices configured and data accumulated during the Pilot period can be carried over when migrating to a paid plan.

Article 6 (Fees and Payment)

• As consideration for use of the Service, the Customer shall pay the monthly usage fee corresponding to the selected plan. Fee details are published on the pricing page of the Company's website.
• Usage fees are charged on a monthly basis and renew automatically every month.
• Fees are displayed tax-inclusive. As a qualified invoice issuer (registration number: T6010401051890), the Company issues qualified invoices.
• Payment methods are as follows:
  • Credit card: available on all plans. Payment is processed through Stripe, Inc., and card information is not stored on the Company's servers. The card is charged immediately when the plan starts, and then automatically on the same day each month. If a payment fails, Stripe automatically retries. If payment is not completed within the retry period, the subscription is automatically cancelled.
  • Invoice payment (bank transfer): available on the Governance plan and above, and only for corporations that hold a bank account in Japan. Payment is due within one month of the invoice issue date. If an invoice remains unpaid at the end of the billing period, the subscription is automatically cancelled.
• The supported currency is Japanese yen (JPY).
• When upgrading to a higher plan, the difference for the remaining billing period is prorated and charged. The new plan applies immediately.
• When downgrading to a lower plan, the resource usage at the time of the change (number of Devices, Groups, Rooms, and Credentials) must be within the limits of the target plan. If any limit is exceeded, the downgrade cannot be performed.
• If payment is not made by the due date, the Company may suspend all or part of the Service.

Article 7 (Cancellation)

• The Customer may cancel the Service Agreement through the prescribed procedure in the admin console.
• After cancellation, the Customer may continue to use the Service until the end of the current billing period.
• No refund of usage fees for the remaining period is made if the Customer cancels partway through a billing period.
• After cancellation, the Customer's account and data are retained for the period determined by the Company and then deleted. Retention periods are as set out in the Privacy Policy.

Article 8 (Plan Limits)

• Each plan has upper limits on the number of Devices, Credentials, Groups, and Rooms. Details of these limits are published on the pricing page and the help page of the Company's website.
• The number of Devices is counted as the total number of devices registered on the Customer's SwitchBot account. It is not limited to the devices monitored by the Service and includes hubs, plugs, and similar equipment. Devices are counted as long as they are registered on the SwitchBot account, even if they are unassigned within the Service.
• As a technical limit, the maximum number of Devices per Credential is 35. This is a technical constraint based on SwitchBot API call limits.
• Once resource usage reaches a plan limit, new resources (assigning devices, creating Groups/Rooms, adding Credentials) can no longer be added. Raising the limits requires an upgrade to a higher plan.

Article 9 (Management of Credentials)

• The Customer shall appropriately manage, at its own responsibility, the SwitchBot API credentials (API token and secret key) registered with the Service.
• The Company uses the credentials provided by the Customer solely for the purpose of collecting device data through the Service.
• Except in cases of the Company's intent or gross negligence, the Company is not liable for damage arising from leakage or unauthorized use of credentials.

Article 10 (Prohibited Activities)

When using the Service, the Customer shall not engage in any of the following activities.

• Activities that violate laws or public order and morals
• Activities related to criminal acts
• Activities that infringe the intellectual property rights of the Company or third parties
• Activities that destroy or interfere with the functions of the servers or networks of the Company or third parties
• Activities that may interfere with the operation of the Service
• Unauthorized access or attempts thereof
• Collecting or accumulating personal information about other Customers
• Impersonating other Customers
• Disassembling, decompiling, or reverse engineering the Service
• Improperly using the Service's API or placing an excessive load on it
• Other activities that the Company deems inappropriate

Article 11 (Third-party Services)

• The Service is provided in conjunction with the following third-party services. The Customer shall also comply with the terms of service and privacy policies of these third-party services.
  • SwitchBot (Wonder Technologies Co., Ltd.): collection of IoT device data
  • Stripe, Inc.: credit card payment processing
• The Company is not liable if all or part of the Service becomes unavailable due to a failure, specification change, or discontinuation of a third-party service. However, the Company will make reasonable efforts to provide an alternative.
• If the Customer uses the notification features of the Service, the Customer is responsible for complying with the terms of use of the external notification destination services (email, Slack, LINE, etc.).

Article 12 (Suspension of the Service)

The Company may suspend or interrupt all or part of the Service without prior notice to the Customer if it determines that any of the following applies.

• Maintenance, inspection, or updates of the systems for the Service
• Difficulty in providing the Service due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster
• Stoppage of systems or communication lines due to an accident
• Difficulty in providing the Service due to a failure of a third-party service (SwitchBot, Stripe, etc.)
• Other cases where the Company determines that providing the Service is difficult

The Service collects device data through the SwitchBot API at 5-minute intervals, but the Company does not guarantee the immediacy or completeness of data collection.

The Company provides no compensation to the Customer for suspension or interruption of the Service under this Article. No refund or reduction of usage fees, and no extension of the usage period, is made for the period of suspension.

Article 13 (Discontinuation of the Service)

• The Company may discontinue all or part of the Service.
• If the Company discontinues the Service in its entirety, it will give notice at least three months before the discontinuation date, either within the Service or by email to the Customer's registered address.
• Where such notice is given, the Company will calculate the usage fees corresponding to the unexpired period on a pro-rata daily basis and refund them.
• For 90 days from the discontinuation date, the Company will keep the environmental data accumulated by the Customer available for export in CSV format. After that period, the data will be deleted in accordance with Article 15.
• If the Company discontinues part of the functionality of the Service, it will endeavour to give reasonable advance notice. No refund of usage fees is made in that case.
• This Article also applies where the Service becomes difficult to provide due to a specification change or discontinuation of a third-party service (SwitchBot, Stripe, etc.).

Article 14 (Intellectual Property Rights)

• All intellectual property rights related to the Service belong to the Company or to those who have licensed them to the Company.
• The permission to use the Service under these Terms does not constitute a license to use the intellectual property rights of the Company or its licensors.

Article 15 (Data Handling)

• Ownership of the data registered by the Customer in the Service (environmental data, device settings, etc.) belongs to the Customer.
• The Company may use the Customer's data in anonymized form for purposes such as improving the Service and creating statistical data.
• During the term of a paid plan, the Customer may export accumulated environmental data in CSV format.
• If the Customer does not migrate to a paid plan after the Pilot period ends, data is retained for the period determined by the Company, but cannot be viewed or exported.
• After the Service Agreement ends, the Company retains the Customer's data for 90 days and then deletes it. However, data that must be retained by law (such as invoice information) is retained for the period prescribed by law.

Article 16 (Disclaimer)

• The Company does not expressly or impliedly warrant that the Service is free from defects in fact or in law (including defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, and security, as well as errors, bugs, and infringement of rights).
• Except in cases of the Company's intent or gross negligence, the Company is not liable for any damage incurred by the Customer arising from the Service.
• Even where the Company is liable for damages due to intent or gross negligence, such liability is limited to the total amount of usage fees actually paid by the Customer to the Company during the 12 months preceding the occurrence of the cause of the damage. In addition, the Company is in no case liable for indirect damages, special damages, lost profits, or damages relating to loss of data.
• The Company provides no compensation in any case for missing, delayed, uncollected, or unviewable data caused by server failure, stoppage, maintenance, communication failure, failure of a third-party service (SwitchBot, Stripe, etc.), force majeure, or any other cause that makes all or part of the Service unavailable.
• The Company provides no compensation such as prorated refunds, reductions, or extensions of usage fees in connection with suspension or interruption of the Service.
• The accuracy of measurement data from IoT devices depends on the device manufacturer's specifications. The Company does not guarantee the accuracy, continuity, or real-time nature of data collected from devices.
• The Company does not guarantee service levels such as the availability of the Service, the success rate of data collection, or response times.
• The Company is not liable for the results of any decisions or actions taken by the Customer based on environmental data obtained through the Service (management decisions, facility management, report preparation, etc.).
• The Company is not liable for any damage arising from delay, non-delivery, or erroneous delivery of alert notifications (email, Slack, LINE, etc.).

Article 17 (Termination of the Service Agreement)

• The Company may terminate the Service Agreement without any notice if the Customer violates any provision of these Terms.
• The Customer may cancel the Service Agreement in the manner set out in Article 7.

Article 18 (Changes to These Terms)

The Company may change these Terms without notice to the Customer when it deems it necessary. The revised Terms take effect when they are posted on the Company's website.

Article 19 (Governing Law and Jurisdiction)

• These Terms shall be interpreted in accordance with the laws of Japan.
• In the event of a dispute regarding the Service, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.