Terms of Service

1. "User" means an individual who has agreed to these Terms and completed registration for the Service.
2. "Content" means the software, UI, documentation, images, and other information that we provide through the Service, collectively.
3. "Vendors" means SwitchBot Inc., Nature Inc., and any other third parties that the Service integrates with for the purpose of controlling air conditioners or other devices.
4. "Vendor Credentials" means the SwitchBot Token / Secret, Nature Remo Access Token, and any other authentication information required to call vendor APIs, as registered by the User on the Service.
5. "Target Devices" means SwitchBot hubs and thermometers, Nature Remo units, and the home appliances such as air conditioners controlled by them, as registered by the User on the Service.
6. "MoR" means Lemon Squeezy, LLC, the Merchant of Record handling payment processing for the Service.

• Users shall use the Service after agreeing to these Terms and our Privacy Policy.
• A User is deemed to have given valid and irrevocable consent to these Terms upon registering for, or otherwise using, the Service.
• If a User is a minor, the User shall use the Service with the consent of a parental authority or other legal representative. We treat registration as confirmation that such consent has been obtained.

• Prospective users apply for registration by providing their email address and other required information through the method we specify.
• We may refuse registration if we determine that the applicant falls under any of the following:
  1. The application contains false or incomplete information.
  2. The applicant has previously had their registration revoked for violating these Terms.
  3. The applicant qualifies as, or is likely to qualify as, Anti-Social Forces (as defined in Article 14).
  4. We otherwise determine that registration is not appropriate.
• Users shall promptly update their registered information through our designated method if any change occurs.

• Users shall manage their own login credentials and MFA (multi-factor authentication) codes securely, at their own responsibility.
• Accounts may not be transferred, lent, or shared with third parties.
• We are not liable for damages arising from inadequate management of login credentials or use by third parties, except in cases of our willful misconduct or gross negligence.

• The Service uses the Vendor Credentials registered by the User to fetch readings from thermometers and to send control commands to Target Devices such as air conditioners, based on rules configured by the User.
• Nature of automated control: Users acknowledge that the Service automatically sends control commands to Target Devices, and shall configure rules, verify Target Device state, and operate the Service at their own responsibility.
• Use restrictions: The Service is not designed for use with medical devices, life support equipment, or for purposes intended to ensure the safety of infants, the elderly, pets, or the like, nor for server rooms or other purposes where temperature management is of critical importance. Users must verify the operating state of their Target Devices themselves, and must not rely solely on the operation of the Service for temperature management.
• Behavior during outages: When control cannot be executed due to network outages, cloud outages, vendor API restrictions, or other reasons, Target Devices may remain in their immediately preceding state.
• We do not guarantee Target Devices themselves or the communication quality between Target Devices and vendor APIs. Our control algorithms, UI, API specifications, and features may be changed, added, or removed without prior notice.
• Users are responsible for obtaining and managing their own Vendor Credentials in accordance with each Vendor's terms of service. We use Vendor Credentials entrusted to us only to the extent necessary to provide the Service (see the Privacy Policy for details). If the use of those credentials is restricted or suspended on the Vendor's side, the Service may not function to that extent.
• Geographic scope: The Service is designed and provided primarily for Users residing in Japan. For use from outside Japan, we make no guarantee of compliance with local laws, billing in local currency, support in local languages, or any other accommodation of locally specific requirements, and Users use the Service at their own responsibility.

• Service fees, payment timing, payment methods, trial periods, automatic renewals, cancellation terms, and similar matters are governed by the notice required under the Japanese Act on Specified Commercial Transactions, our checkout screen, and the MoR's terms of service.
• Payments are processed by the MoR. Where the MoR's payment and refund policies take precedence over our service provisions, those policies prevail.
• Users may cancel their subscription at any time from the Customer Portal. After cancellation, the features of the current plan remain available until the next renewal date.
• If a User cancels during the trial period, no charge will be incurred. If the User has not cancelled by the end of the trial period, the subscription automatically transitions to the paid plan.
• We may change our pricing with prior notice. Changes apply from the renewal cycle following the date of notice.

In using the Service, Users must not engage in any of the following acts:

1. Any act that violates laws or public order and morals.
2. Registering or operating Vendor Credentials or Target Devices to which the User does not have a legitimate right.
3. Reverse engineering, decompiling, disassembling, or otherwise analyzing the source code of the Service.
4. Imposing an excessive load on the Service's infrastructure or operations, or sending mass requests by automated means.
5. Use that violates the terms of vendor APIs, or use for the purpose of commercial resale or redistribution.
6. Impersonating another User or third party, or improperly creating multiple accounts.
7. Improperly disclosing or selling information obtained through the Service to third parties.
8. Infringing the rights or interests of us, the MoR, the Vendors, or any third party.
9. Any other act we determine to be inappropriate.

• We may suspend or interrupt all or part of the Service without prior notice to Users in any of the following cases:
  1. Maintenance or updates to the Service are being performed.
  2. Force majeure such as earthquakes, lightning, fire, blackouts, natural disasters, war, terrorism, infectious disease, or governmental orders.
  3. Failures of communication lines, cloud providers, vendor APIs, or other external dependencies.
  4. We otherwise determine that providing the Service is difficult.
• For planned maintenance and other cases where prior notice is possible, we will use reasonable efforts to notify Users in advance.
• We are not liable for any damages incurred by Users or third parties as a result of suspension or interruption under this Article.

If a User violates any provision of these Terms, we may, with or without notice, restrict the User's use of the Service or revoke their registration. We are not liable for any damages incurred by the User or third parties as a result.

• Users may withdraw at any time using the procedure we designate (the deletion action on the account screen).
• After withdrawal, the User's account, Vendor Credentials, temperature history, rule settings, and similar data are deleted in accordance with our procedures.
• Withdrawal while subscribed to a paid plan requires a separate cancellation procedure. Withdrawal alone does not stop the automatic renewal of a subscription.

If a free-plan User (not subscribed, or post-cancellation) does not sign in for 180 days, we may automatically delete the account and related data after prior notice to the registered email address (30 days and 7 days before the scheduled deletion date). Signing in during this period resets the counter.

• Copyrights, trademarks, and other intellectual property rights in the Content belong to us or to the parties that have licensed such rights to us.
• These Terms grant Users a non-exclusive, non-transferable right to use the Service to the extent necessary to do so; they do not transfer any intellectual property rights.

We handle personal information obtained through use of the Service appropriately, in accordance with our separately established Privacy Policy.

Users represent and warrant that they do not fall under, and have no relationship with, organized crime groups (bōryokudan), their members, quasi-members, related enterprises, sōkaiya, social movement racketeers, special-intelligence violent groups, or any party equivalent thereto ("Anti-Social Forces"). If a User breaches this, we may revoke their registration without any notice.

• The Service is provided AS IS. We make no express or implied warranty that the Service is free of factual or legal defects (including with respect to safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security defects, errors, bugs, or infringement of rights).
• Except in cases of our willful misconduct or gross negligence, we are not liable for any damages incurred by Users in connection with the Service, including but not limited to: failures, specification changes, or use restrictions of vendor APIs; malfunctions or misoperation of Target Devices; divergence between the AC set temperature and the actual room temperature; effects on the body (heat stroke, hypothermia, etc.) caused by changes in room temperature; condensation or freezing; fire, water leakage, or other physical damage resulting from abnormal operation of Target Devices; changes in electricity costs; delays or loss of data communications; and any other damages (including indirect, special, consequential, or lost-profit damages).
• Even where we are liable, our total liability shall be capped at the total fees paid to us by the User during the twelve (12) months immediately preceding the occurrence of the damages. This cap does not apply where it is excluded by our willful misconduct or gross negligence, or by the Japanese Consumer Contract Act or other mandatory provisions of law.
• We are not liable for any transactions, communications, or disputes between Users, or between Users and third parties (including Vendors and the MoR).

We may change the content of the Service or terminate the Service after prior notice to Users. We are not liable for any damages incurred by Users as a result of such termination.

We may revise these Terms when we deem it necessary. The revised Terms take effect when posted on the website that we operate; when a User uses the Service after such revision, the User is deemed to have agreed to the revised Terms. For material changes, we will provide notice to the registered email address or via an in-service announcement with a reasonable lead time. For changes that legally require User consent, we will obtain consent through our designated method.

Notices and communications between Users and us shall be made by the method we designate. When we send a notice to a User's registered email address, the notice is deemed to have arrived at the time it would normally have done so.

Users may not assign, transfer, pledge as collateral, or otherwise dispose of any position under these Terms, or any rights or obligations under these Terms, in whole or in part, to a third party without our prior written consent.

If any provision of these Terms or any part thereof is held to be invalid or unenforceable under the Japanese Consumer Contract Act or any other law, the remaining provisions of these Terms, and the remaining portion of the provision held invalid or unenforceable, shall continue in full force and effect.

• The interpretation and application of these Terms is governed by the laws of Japan.
• Any disputes relating to the Service shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.

For inquiries regarding these Terms, please contact support@appbatake.com.