PRIVACY POLICY / Aromalyzer®License Agreement / ScentifAI™Terms of Service
This website is provided and operated by Aroma Bit, Inc. (Aroma Bit).
Prior to making use of this website, we would like you to read the following terms and conditions carefully and proceed with its use only if you agree with and will abide by them. Please understand that your access to this website constitutes your full acceptance of these terms and conditions.
Aroma Bit may change these terms and conditions at any time as deemed necessary.
We therefore request you to check these terms and conditions each time you access this website.
The website sets the personal information policy as follows and all of our employers understands and comply to the purpose of the policy in order to manage personal information this website contains.
The web site defines that any information that may result in identification of individual as personal information.
Purpose of Personal Information Collection, the scope of use election and modification
When, in conjunction with the use of this website, Aroma bit requires users to provide personal information, Aroma Bit will provide, on each of the individual sites that make up this website, notifications to users that specify the reason the information is required, the intended use of the information requested and any other relevant matters. If you do not agree with the specified reason, the intended use of the information or other matters described, please refrain from providing Aroma Bit with your personal information. However, please be aware that this may exclude you from using certain services available on this website. In the course of using the personal information, the scope of consent agreed terms. Furthermore, if the visitors personal information should be modified ( such as address changes, etc). or if the visitors request the deletion of personal information, Aroma bit will modify, update or deleted the provided personal information. If the visitor requests referral of the personal information, when confirmed the identification of the visitor. Should such case may apply, please contact info@aromabit.com via email.
Provided personal information will not provided to the third party unless the visitor has agreed or legally justifiable reason. Furthermore, in the case where the data processing of personal information is consigned to third party, the strict management by contract restricting leakage and Re-provision of personal information. will be in place and conducted.
Continuous Improvement Effort of Legal compliance and personal information management
While complying to legal regulations related to personal information, Aroma Bit will continue to occasionally review and improve. However, in the case where legal requested from legal authorities such as Court, Police and Consumer Center, we will disclose personal information.
Our website records of site visitors information as access log. Access log contains visitors domain name, IP address, browser type, access dates and time. The access log is used solely for the website maintenance and management, to conduct occasional study and analysis of website conditions purposes, and are not used for any other purposes.
Some parts of the Aroma Bit website may use a browser feature called “cookies.” Using cookies enable us to personalize your browsing experience and to make the site easier for you to use when you return to the site.A cookie is a small data file that is written to your hard drive when you visit certain websites. A cookie file will usually contain information such as a user ID that the website can use to keep track of pages that have been visited or contents of a shopping cart. The only personal information that a cookie will contain is that which you have already supplied to the website. A cookie cannot read data off your hard disk or read cookie files created by other websites. A cookie will not corrupt your hard drive or transmit a virus to your computer.
Links on the Aroma Bit Web site to third party websites are provided solely as a convenience to you. If you use these links, you will leave the Aroma Bit site. Aroma Bit has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their privacy policy. Thus, Aroma Bit does not endorse or make any representations about them, or about any information, software or other products or materials found there, or about any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so at your own risk.
Should site visitors believe our site is not complied to the posted privacy policy, please contact at info@aromabit.com via email. After reviewing the content, we will contact you via email for appropriately treatment.
These terms and conditions shall be governed by and interpreted in accordance with the laws of Japan. Any legal action related to this website and these terms and conditions of its usage shall be brought to the Tokyo District Court, Tokyo, Japan.
All content, information, designs, layouts, logos, trademarks, and other intellectual property contained in this website are protected by copyrights, trademarks, and other intellectual property rights held by Aroma Bit or by other parties that have granted to Aroma Bit the license to make use of them. All persons accessing this website agree to make use of its content in a manner that does not infringe such rights.
Contact Info
Any inquiries should be addressed to below.
Aroma Bit Inc.
Sagami Building 2nd Floor., 7-13-6 Ginza, Chuo-ku, Tokyo, Japan 104-0061
info@aromabit.com
The user (hereinafter referred to as the “User”) hereby agrees to the following terms and conditions of the license to use the application program related to odor sensors (hereinafter referred to as “Aromalyzer”) developed by Aroma Bit, Inc. (hereinafter referred to as the “Company”), which is granted to the User hereunder (hereinafter referred to as this “Agreement”):
1. The Company hereby grants the User a non-exclusive license to use Aromalyzer under the operating environment specified by the Company (hereinafter referred to as the “Specified Operating Environment”).
Specified Operating Environment: Use on the hardware and operating system (current version only) specified by the Company
2. The User shall not transfer to any third party, pledge or sublicense to any third party the right to use Aromalyzer.
3. The license to use Aromalyzer is granted only for the purpose of reading data from odor sensor hardware including the odor sensor module of the Company.
The Company or a distributor will deliver Aromalyzer and a set of manuals to the User. ID and a password will be directly delivered to the User by the Company, and upon such delivery, the Company will notify the distributor thereof.
1. The Company warrants to the User that Aromalyzer operates as described in manuals under the Specified Operating Environment.
2. Any conflict with another application program installed by the User before or after the installation of Aromalyzer or defect due to modifications made to Aromalyzer by the User shall not be covered by the warranty under the preceding paragraph.
3. The Company shall not be liable to the User for any operating loss or other damages incurred by the User due to a defect in Aromalyzer.
The ownership of Aromalyzer and all items thereof such as memory media, manuals and documents shall belong to the Company.
1. The User shall not perform the acts set forth below.
(1) Distributing Aromalyzer or any item such as a manual or document to third parties without the consent of the Company
(2) Leaking technical secrets related to Aromalyzer
(3) Using Aromalyzer under any environment other than the Specified Operating Environment
(4) Improving or modifying Aromalyzer
(5) Analyzing Aromalyzer
2. If the User makes improvements or other modifications to Aromalyzer in violation of the preceding paragraph, all legal rights including copyrights and patent rights related to the part so improved or modified shall belong to the Company.
3. The User shall not exercise the moral rights of the author in relation to the use by the Company of improvements or other modifications referred to in the preceding paragraph.
The User shall not transfer, sublease or sell Aromalyzer to any third party.
1. The User acknowledges that copyrights to Aromalyzer belong to the Company.
2. The User may modify or adapt Aromalyzer only if it is necessary for its own use; provided, however, that any rights to deliverables after the modification or adaptation shall belong to the Company.
The User may make duplications of Aromalyzer only on memory media for backup purposes; provided, however, that on those duplications, the copyright notice of the Company shall be clearly indicated.
1. The term “confidential information” as used in this Agreement means Aromalyzer, and information disclosed or provided to the User in any form or on any medium of disclosure with the indication made by the Company to the effect that it is confidential; provided, however, that information disclosed or provided orally, by video or in any other form or on any other medium in or on which it is difficult by its nature to make the indication that it is confidential shall be deemed as confidential information if the Company conveys to the User that it is confidential at the time of disclosure and delivers to the User a document in which such confidential information is described with the indication that it is confidential within thirty (30) days after the disclosure.
2. Notwithstanding the provisions of the preceding paragraph, information falling under any one of the items below as proven by the User shall not be handled as confidential information in this Agreement.
(1) Information that is already known to the public or in the possession of the User at the time of disclosure
(2) Information that becomes known to the public through no fault of the User after disclosure
(3) Information that is legally obtained from a third party by the User with no confidentiality obligations
(4) Information that is independently developed by the User
1. The User shall not disclose or leak to any third party any confidential information of the Company without the prior written consent of the Company.
2. The User shall manage confidential information with the due care of a prudent manager to comply with confidentiality obligations provided for in this Agreement.
3. The User shall disclose confidential information only to its officers and employees who need to know such information, and impose on those officers and employees obligations equivalent to its own confidentiality obligations under this Agreement.
4. If the leakage, loss, theft or misappropriation of confidential information or any similar incident occurs, or the User comes to know that such incident is likely to occur, the User will immediately notify the Company thereof.
The disclosure of confidential information of the Company under this Agreement shall not permit the User to create intellectual property such as an invention based on the confidential information; provided, however, that new intellectual property obtained by the User not using any confidential information of the Company before or after the expiration of the period of use of Aromalyzer shall belong to the User.
1. If any one of the reasons set forth in the items below arises on the side of the User, the Company may immediately terminate the license granted to the User to use Aromalyzer without any demand.
(1) The party commits gross negligence or an act of betrayal.
(2) The party is subject to suspension of transactions with member banks of a clearing house.
(3) A note drawn by the party is dishonored by a clearing house.
(4) A petition for provisional seizure, provisional disposition or seizure of the party’s property, collection of delinquent taxes from the party, or other compulsory execution on the party’s property is filed by a third party.
(5) A petition to initiate bankruptcy, civil rehabilitation, corporate reorganization or special liquidation proceedings is filed by or against the party.
(6) There is a reason for suspicion that the party has a relationship with antisocial forces.
(7) The party commits any other extremely wrongful act.
2. If the User fails to perform its obligation and remedy such failure after the Company has made demand therefor specifying a reasonable period of time, the Company may terminate the license granted to the User to use Aromalyzer.
If the license to use Aromalyzer is terminated, the User shall immediately return to the Company items such as media on which Aromalyzer was recorded, and manuals and duplications of Aromalyzer, and delete Aromalyzer in its PCs.
The User shall not transfer to any third party or provide as security all or any of its rights and obligations under this Agreement without the prior consent of the Company.
Any dispute related to this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance as agreed by the parties hereto.
Questions arising in connection with this Agreement, if any, will be resolved through consultation between the parties hereto in good faith.
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End of Document
Established on October 1, 2021
Revision on October 4, 2023
1. These Terms provide for service conditions of “ScentifAI” provided by Aroma Bit, Inc. (hereinafter referred to as the “Company”). Users shall use the Service in accordance with the terms and conditions contained in these Terms.
2. Operating instructions and other documents established separately by the Company with respect to the conditions and other details of “ScentifAI” shall apply as an integral part of these Terms. In the event of any inconsistency or conflict between operating instructions or other documents and these Terms, these Terms shall prevail.
The definition of terms as used in these Terms shall be as set forth in the following items.
(1) The term “Service” refers to the odor determination software, “ScentifAI” provided by the Company under these Terms.
(2) The term “User(s)” refers to a corporation, an organization or any other person that enters into an agreement with the Company and uses the Service under these Terms.
(3) The term “ID” means a code used to identify a User in the Service, and refers specifically to an email address designated by the User.
(4) The term “Use Agreement” refers to an agreement entered into between a User and the Company for the use of the Service under these Terms.
(5) The term “these Terms, etc.” refers to these Terms, and operating instructions and other documents referred to in paragraph 2 of the preceding Article.
(6) The term “Company’s Sensor” refers to the odor sensor provided by the Company.
1. The overview of the Service is as provided for in the following items.
(1) Importing odor data to create a database
(2) Creating an odor determination model
(3) Displaying the odor determination result
2. Users shall be entitled to use the Service only for the purpose of evaluating the Company’s Sensor, and research and development purposes, not for commercial purposes.
1. A User shall, when wishing to use the Service, submit an application to the Company in the manner predetermined by the Company, with the User’s consent to these Terms.
2. The Company shall, when accepting an application under the preceding paragraph, notify the applicant of the ID, login URL for the Service and other matters predetermined by the Company. At the time the applicant enters predetermined matters according to the screen display in the login URL for the Service and logs in for the first time, the Use Agreement shall be concluded between such User and the Company under these Terms.
3. If the Company determines that an applicant under paragraph 1 falls under any one of the cases of the following items, the Company may not accept the application.
(1) Where information provided in the application contains false information
(2) Where the applicant has violated any agreement with the Company and the agreement has been terminated as a result thereof
(3) Where the acceptance of the application otherwise hinders the operation of the Service
4. In the event of changes in contact or other information provided to the Company in a User’s application, the User shall go through change procedures in advance in the manner predetermined by the Company, and the same shall apply thereafter.
The Company shall enter into the Use Agreement only with an applicant that has entered into an agreement for the purchase or rental of the Company’s Sensor with the Company, its joint development partner company or its distributor.
In the Service, Users may import only odor data created by the Company’s Sensor.
1. The Service may be used free of charge; provided, however, that if a separate agreement for the Service is entered into for a consideration, the agreement shall govern.
2. Users shall bear costs required to procure and maintain a device, software, a communication line and other equipment, and other necessary costs, for the use of the Service.
1. The Company shall be entitled to change the content of the Service as necessary from time to time.
2. The Company shall be entitled to revise these Terms as necessary upon notice to Users.
1. No User may lend or assign the User’s ID to any third party.
2. A User shall manage the User’s ID and password on its own responsibility so that they are not known by third parties, and take measures for preventing theft of such ID and password.
If the Company determines that any one of the reasons set forth in the following items is found on the part of a User, the Company shall be entitled to delete the User’s ID, suspend the provision to the User of the Service, in whole or in part, or take other measures determined necessary by the Company.
(1) The User violates these Terms, etc.
(2) The application submitted or other information provided to the Company by the User contains false information or is incomplete or insufficient.
(3) The User’s email address registered is unavailable, or the User does not promptly reply to an inquiry or request email from the Company.
(4) In addition to the reasons set forth in the preceding items, the Company determines that the User is a hindrance to the operation of the Service.
1. If the Company determines that it is necessary to suspend the provision of the Service due to system maintenance or troubleshooting, a force majeure event such as a natural disaster or disturbance, or other technical or operational reasons, the Company shall be entitled to temporarily suspend the provision of the Service, in whole or in part.
2. The Company shall notify Users of suspension under the preceding paragraph as far in advance as possible in the case it is due to system maintenance, or promptly ex post facto in the case it is due to emergency system maintenance or other reasons.
3. The Company shall be entitled to discontinue the provision of the Service, in whole or in part.
1. If the provision of the Service, in whole or in part, is likely to be hindered due to a failure, outage or otherwise of the cloud service used by the Company and the Company carries out maintenance work for the Service, the Company shall strive to post the fact that the maintenance work is carried out on the web portal for the Service.
2. If information on Users of the Service is divulged or leaked due to a cyberattack or other reasons, the Company shall strive to notify relevant Users of the occurrence of such incident.
Users shall not perform an act that falls or is likely to fall under any one of the following items in using the Service.
(1) Violating these Terms, etc.
(2) Violating or encouraging a violation of laws and regulations
(3) Reverse engineering, decompiling or disassembling any system or other item related to the Service, or otherwise performing a similar act
(4) Infringing on the property, reputation, or intellectual property or other rights of the Company or any other third party, or encouraging such infringement
(5) Acting in contrary to public order and morals
(6) Fraudulently using any ID
(7) Using the Service in any environment other than the operating environment designated in these Terms, etc.
(8) Assigning to any third party, providing as security or otherwise transferring all or part of rights or obligations related to the Service
(9) In addition to the acts set forth in the preceding items, hindering the operation of the Service
1. Any intellectual property and other rights in and to the Service shall belong to the Company or a third party designated by the Company.
2. Notwithstanding the preceding paragraph, rights in and to the odor data imported and odor database created by a User in the Service shall belong to the User.
1. A User and the Company shall each strictly manage technical, business and other tangible or intangible information disclosed to the party by the other party in connection with the Service (hereinafter referred to as “Confidential Information”), and shall not disclose Confidential Information to any third party or use Confidential Information for any purpose other than the purpose of the Use Agreement without the prior consent of the other party; provided, however, that this shall not apply to information falling under the following items.
(1) Information that becomes known to the public through no fault of the party to which it is disclosed
(2) Information that is obtained from a third party by the party without any confidentiality obligation
(3) Information that is in the proper possession of the party prior to acquisition from the other party
(4) Information that is developed by the party without regard to information of the other party
(5) Information the party is obliged to disclose to public organizations under laws and regulations
2. A User and the Company shall each return Confidential Information (including reproductions and copies) to the other party, or destroy or delete such Confidential Information in an irretrievable manner, immediately upon termination of the Use Agreement or request of the other party.
3. This Article shall remain in full force and effect after the termination of the Use Agreement.
1. The Company shall not be liable for any loss or damage suffered by any User in connection with the Service.
2. The Company does not warrant that the Service fits for the particular purpose of any User, nor it does warrant the integrity, accuracy, validity or otherwise of the Service.
3. Odor data imported by a User in the Service and the determination result shall be managed by the User on its own responsibility, and the Company shall not be responsible or liable for odor data in any way.
If a User violates these Terms, etc. and causes any loss or damage to the Company or a third party due thereto, the User shall compensate the Company or the third party for the loss or damage.
1. Notice from the Company to a User under these Terms, etc. shall be given by email unless otherwise provided.
2. The giving of notice under the preceding paragraph shall be deemed complete at the time the email reaches the server of a User.
3. Notice in writing or by email under paragraph 1 of this Article shall be sent to an email address notified to the Company in an application submitted under Article 4, paragraph 1 (or to an address changed under paragraph 4 of the same Article), and if the email does not arrive due to an error in the address, then the giving of notice shall be deemed complete at the time the email is sent, notwithstanding the preceding paragraph.
1. The Use Agreement shall come into force on the date of conclusion of the Agreement provided for in Article 4, paragraph 2, and be effective and valid until the date separately notified by the Company.
2. Notwithstanding the preceding paragraph, in the event of the termination of a rental agreement between the Company and a User for the Company’s Sensor, the Use Agreement shall also terminate.
1. A User and the Company shall each be entitled to terminate the Use Agreement if the other party falls under any one of the cases of the following items.
(1) Where a note or a check drawn by the other party is dishonored by a clearing house, or otherwise that party admits its inability to pay debts generally as they become due
(2) Where the other party is subject to an order to commence bankruptcy, civil rehabilitation, corporate reorganization or special liquidation proceedings
(3) Where the property of the other party is subject to seizure, an auction or compulsory execution, or the procedure for collection of delinquent tax
(4) In addition to the cases of the preceding items, where serious doubts arise on the credit status of the other party
(5) Where the other party, its employee or other person concerned violates these Terms, etc., and the violation is not rectified even after a demand therefor has been made specifying a reasonable period of time
2. The Company shall be entitled to terminate the Use Agreement if the Company discontinues the provision of the Service under these Terms.
1. A User and the Company represent and covenant that the party does not and will not in the future fall under an organized crime group, an organized crime group member, a person for whom five (5) years have not elapsed since the time the person ceased to be an organized crime group member, an associate member of an organized crime group, a company affiliated with an organized crime group, a corporate racketeer, a group or individual engaging in criminal activities under the pretext of conducting social campaigns or other activities, a criminal group or individual specialized in intellectual crimes, or any other person equivalent thereto (hereinafter collectively referred to as “Organized Crime Group Members”) or any one of the following items.
(1) The party has a relationship with Organized Crime Group Members, under which it is found that they control or are involved in the party’s management
(2) The party has a relationship with Organized Crime Group Members, under which it is found that the party unjustly uses them for a purpose such as obtaining a wrongful gain for that party or a third party, or causing damage to a third party
(3) The party has a relationship with Organized Crime Group Members, under which it is found that the party involves Organized Crime Group Members by means such as providing them with funds or other benefits, or convenience
(4) An officer of the party or a person substantially involved in the party’s management has a relationship with Organized Crime Group Members, which is to be socially criticized
2. A User and the Company represent and covenant that the party will not make unjust demands on its own or using a third party.
3. A User and the Company shall each be entitled to have the other party forfeit the benefit of time and terminate the Use Agreement immediately without any demand if the other party violates either of the preceding two paragraphs.
4. Neither a User nor the Company shall be liable for any loss or damage suffered by the other party as a result of the termination of the Use Agreement by that party under the preceding paragraph.
1. Even if any of the provisions of these Terms are determined to be invalid under laws and regulations, other provisions of these Terms shall be effective and valid.
2. Even if any of the provisions of these Terms are held invalid or revoked in relation to a User, these Terms shall be valid in the relationship between the Company and other Users.
1. These Terms shall be governed by the laws of Japan.
2. If a dispute arises from or in connection with the Service, it shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance as agreed upon by the Company and Users.
Established on March 19, 2024
Aroma Bit, Inc.
