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PT3 APP Terms and Conditions

Article 1. Purpose

  • These Terms and Conditions (hereinafter referred to as the “Terms”) shall apply to users (hereinafter referred to as “User(s)” of the application, “PT3 APP” (hereinafter referred to as the “App”) provided by TLV Co., Ltd. (hereinafter referred to as the “Company”). Users shall agree to the Terms to use the Service.
  • The Terms provide for the terms of use of the Service and the relationship between the Company and Users with respect to their respective rights. Users may use the Service after reading the full text of the Terms.
  • The Agreement (as defined in Article 2) shall be concluded between the Company and a User when the User agrees to the Terms.

Article 2. Definitions

Terms below as used in the Terms shall have the meanings defined in the following items.

  1. The term “Agreement” refers to the agreement for use of the App, which is entered into between the Company and a User under the Terms as conditions thereof.
  2. The term “User(s)” refers to all users of the App.
  3. The term “Service” refers to the content of the service provided by the App.

Article 3. Content of the Service

  1. The Service enables Users to save data (results of diagnosing steam traps, valves, bearings and other equipment) collected through PT3 (PocketTrapMan), which is manufactured and sold by the Company, as well as information added to such data in the App, on their devices via the App.
  2. The Company may add, modify or delete the content and any function of the Service without prior notice to Users.

Article 4. Grant of License

The Company hereby grants Users a non-exclusive license to use the App on the condition that Users give their consent to and comply with the provisions of the Terms. Users may use the App following the method of use and purpose specified for the App.

Article 5. Charges for Use

The App may be used free of charge.

Article 6. Management of User Information and Telecommunications Equipment

  • Users shall download and install the App onto their respective devices at their own expense and responsibility.
  • Users shall prepare requirements such as equipment and means of telecommunications to download and install the App fully at their own expense and responsibility, and bear all communication costs required to use the App.

Article 7. Suspension of the Service

The Company may suspend access to the Service to carry out regular or emergency maintenance work as necessary with or without prior notice.

Article 8. Discontinuation of the Service

The Company may discontinue the provision of the Service at any time. In such case, the Company shall notify Users of discontinuation of the Service in advance in the case.

Article 9. Intellectual Property Rights

Copyrights, trademark rights and all other intellectual property rights to the components of the App or the Service shall belong to the Company.

Article 10. Prohibitions

The Company shall prohibit the acts provided for in the following items when Users use the App or the Service.

  1. Acts of violating laws, regulations or the Terms, or acts likely to do so
  2. Acts of infringing intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyrights (including property rights to copyrighted works and moral rights of authors), or proprietary or personal rights such as portrait rights held by the Company, a licensor granting the Company any license or any other third party, or acts likely to do so
  3. Acts of causing any loss or damage to the Company or a third party, or acts likely to do so
  4. Acts of unjustly damaging the reputation, right, or credibility of another, or acts likely to do so
  5. Acts contrary to public order and morality, or acts likely to be so
  6. Criminal acts, acts that lead to a criminal act, or acts of facilitating such acts, or acts likely to do so
  7. Acts of abusing any bug or failure in the Service
  8. Acts of reverse engineering, or analyzing or tampering with the source code of the App or software as another component of the Service, analyzing any system used to provide the Service, or otherwise interfering with the normal operation of the Service, or acts likely to do so
  9. Acts of damaging the credibility of the Service, or acts likely to do so
  10. Acts related to criminal proceeds or terrorist financing, or acts likely to be so
  11. Acts or methods of use prohibited or not described in the user's manual
  12. Acts of installing the App into any OS to provide an environment that is not recommended
  13. Acts of redistributing the installer
  14. Acts of incorporating the App into any other website, service, or item for commercial purposes or a fee
  15. In addition to the acts in the preceding items, acts which the Company reasonably determines to constitute inappropriate methods of using the Service

Article 11. No Warranty and Exemption from Liability

  • The Company does not in any way warrant that the App or the content of the Service fits a User's specific use purpose or achieve a specific result, nor does the Company warrant the integrity, correctness, usefulness, or other characteristics of the App or the Service. The Company also does not warrant that any interruption, outage, or other failure will not occur in the App or the Service.
  • Users shall use the App or the Service only to the extent permitted by laws and regulations. The Company shall not be responsible or liable in any way if a User violates any Japanese or foreign law in connection with the use of the App or the Service.
  • The Company does not warrant that Users are able to use the App or the Service smoothly with any and all OSs, browsers, and app versions used by them. The Company shall not be obliged to improve or verify the operation of the App so that Users are able to use the App smoothly with any OS, browser, or app version that has been updated. The Company also does not warrant that the App or the Service will be available even if Users do not update their OS, browser, or app version, or they use any operating environment that does not meet system requirements for the App.
  • The Company shall make its best efforts so that there are no bugs, malfunctions, or other problems in the App or the Service; provided, however, that the Company does not warrant that there are no bugs, malfunctions, or other problems in the App or the Service provided “as is.”
  • The Company shall not be responsible or liable in any way if a User encounters trouble with another User in or out of the Service in relation to the use of the Service, and such trouble between Users shall be resolved by those Users at their own expense and under their own responsibility.

Article 12. Liability for Damages Borne by Users

If a User causes any loss or damage to the Company in connection with the User's violation of the Terms or use of the Service, the User shall be obliged to pay damages incurred by the Company (including lost profits and attorney's fees).

Article 13. Exemption of the Company from Liability and Limitation on Damages

  • The Company shall be responsible for the App or the Service only to the extent described in the Terms, and not be responsible or liable for any matter other than matters for which the Company is responsible or liable under the Terms except where there is the intent or negligence of the Company.
  • Notwithstanding the preceding paragraph, in the case where a User uses the App or the Service for a corporation or corporate business, or a User who is an individual uses the Service as or for the User's business, then the Company shall not be liable in any way for any loss or damage suffered by the User in connection with the Service unless there is any intent or gross negligence of the Company. The Company shall pay damages up to a maximum of ten thousand (10,000) yen in the case.

Article 14. Elimination of Antisocial Forces

  • Users represent and warrant to the Company that they do not currently and will not in the future be organized crime groups, organized crime group members, persons for whom five years have not elapsed since the time they cease to be organized crime group members, associate members of organized crime groups, companies affiliated with organized crime groups, corporate racketeers, groups or individuals engaging in criminal activities under the pretext of conducting social campaigns or other activities, groups or individuals specialized in intellectual crimes, or other persons equivalent thereto (hereinafter collectively referred to as “Organized Crime Group Members”) or any one of the cases of the following items.
    1. Where they have a relationship with Organized Crime Group Members, in which it is deemed that Organized Crime Group Members control their management
    2. Where they have a relationship with Organized Crime Group Members, in which it is deemed that Organized Crime Group Members are substantially involved in their management
    3. Where they have a relationship with Organized Crime Group Members, in which it is deemed that they unjustly use Organized Crime Group Members for a purpose such as gaining a wrongful benefit for themselves, their companies, or third parties, or causing damage to third parties
    4. Where they have a relationship with Organized Crime Group Members, in which it is deemed that they are involved in Organized Crime Group Members by means such as providing Organized Crime Group Members with funds or other benefits or convenience
    5. Where their officers or persons substantially involved in their management have a relationship with Organized Crime Group Members, which is to be socially criticized
  • Users assure the Company that they will not perform any act falling under any one of the following items on their own or using third parties.
    1. Act of making a demand in a violent manner
    2. Act of making an unjust demand that goes beyond the limits of legal liability
    3. Act of behaving in a threatening manner or using violence in relation to any transactions
    4. Act of damaging the credibility or interfering with the business of the Company by the spread of rumors or use of fraudulent means or force
    5. Other acts equivalent to the preceding items
  • If it is found that a User is an Organized Crime Group Member or one of the cases of items of paragraph 1, performs an act falling under one of the items of the preceding paragraph, or has made a false statement regarding the User's representation and warranty under the provisions of paragraph 1, the Company may stop the User from using the App or the Service without any demand, whether or not it is caused for reasons attributable to the User. The Company shall not be responsible or liable therefor in any way under the Terms whether or not there is the intent or negligence (including gross negligence) of the Company.

Article 15. Response to Inquiries

The Company shall make efforts to respond to inquiries from Users about the App or the Service; provided, however, that the Company shall not be obliged to respond except where the Company has an obligation or responsibility to do so under laws and regulations or the Terms.

Article 16. Assignment of Status

If the Company assigns a third party its business related to the App or the Service (including any and all cases where the Company carries out a company split or otherwise transfers its business), the Company may assign the assignee its status and rights or obligations under the Terms due to the assignment of the business, and Users shall give their prior consent to the assignment.

Article 17. Handling of Personal Information

In the App or the Service, personal information shall be handled in accordance with the “App Privacy Policy” established by the Company.

Article 18. Severability

Even if some provisions of the Terms are determined to be invalid under laws and regulations, other provisions of the Terms shall remain in full force and effect. Even if some provisions of the Terms are held invalid or set aside for a User, the Terms shall remain in force for other Users.

Article 19. Term of the Terms

The Terms shall come into force when Users agree to the Terms. The provisions of Articles 7 through 9, Articles 11 through 14, Article 16, Article 18, this Article, and Article 21 shall survive the termination of the Agreement.

Article 20. Amendments to the Terms

  • The Company may amend the Terms from time to time under the provisions of Article 548-4 of the Civil Code if the Company determines it necessary taking into account changes in technical or business affairs related to the App or the Service, social conditions, or other various circumstances. After the amendment of the Terms, the amended Terms shall apply.
  • In the case of amendments to the Terms, the Company shall determine the provisions of the amended Terms and the time when the amended Terms come into force, and familiarize Users therewith in the App or the Service, on the Company's website or by any other method. The provisions of the amended Terms shall apply on and after the start date of application determined upon familiarization therewith.

Article 21. Governing Law and Jurisdiction Agreed

The Terms shall be governed by Japanese law, and any disputes arising out of or in connection with the App, the Service, or the Terms between Users and the Company shall be subject to the exclusive jurisdiction of the Osaka District Court in the first instance as agreed by Users and the Company.

Article 22. Indications under License Agreement for Apple Developer Program

The provisions of this Article shall apply only in the case where the App is used in devices equipped with an iOS provided by Apple Inc., located at One Apple Park Way, Cupertino, CA 95014, USA (hereinafter referred to as “Apple”). If the provisions of this Article are inconsistent with other clauses, the provisions of this Article shall prevail and apply.

  • Understanding
    The Terms shall be entered into between the Company and a User, not between Apple and the User. The Company only shall be responsible for the App and contents thereof.
  • Scope of the license
    The license granted to a User for the App is a non-transferable license to use the App on any and all Apple-brand products owned or managed by the User. Users may use the App as permitted under the terms of use provided for in the “Apple Media Services Terms and Conditions” except where a User accesses, obtains, and uses the App with any account other than the User's account, which is associated with the User as the purchaser of an Apple-brand product through Family Sharing, the Volume Purchase Program, or a Legacy Contact.
  • Maintenance and support
    The Company shall be fully responsible for maintenance and support for the App under the Terms or applicable laws and regulations. Apple shall not be obliged to provide any maintenance and support services for the App.
  • Warranty
    The Company shall be solely responsible for any and all warranties for the App whether they are express or implied under law, except for those for which the Company is excluded from responsibility. If a User uses the App under any agreement other than the Terms between the Company and the User, and the Terms do not meet requirements under the warranty clause applicable to the App, the User shall notify Apple thereof and Apple shall refund the User the purchase price of the App. To the maximum extent permitted by governing law, Apple shall not be responsible for any warranties for the App, and the Company shall be fully liable for claims for damages, losses, liabilities, costs, expenses, and others incurred due to the fact that the Terms do not meet requirements under the warranty clause.
  • Claims related to products
    For claims made by Users or third parties in connection with the App or the possession or use of the App by Users, not Apple but the Company shall be liable. Those claims include, but are not limited to: (i) a claim related to product liability; (ii) a claim related to the allegation that the App does not meet requirements under applicable laws and regulations; (iii) a claim arising under consumer protection law or other similar laws and regulations. It shall not be construed that the Terms limit the responsibility and liability of the Company in relation to Users beyond the extent permitted by applicable laws and regulations.
  • Intellectual property rights
    If a third party claims that the App or the possession or use of the App by Users infringes any intellectual property right held by the third party, the Company shall be fully responsible and liable for any investigation of, objection to, and settlement and resolution of the claim of infringement of the intellectual property right, and Apple shall not have any responsibility or liability.
  • Compliance with laws and regulations
    A User shall declare and warrant that the User is (i) not located in a state or region that is subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist-supporting” state; and (ii) not a person designated by the U.S. Government as a party to an embargo or export restriction.
  • Name, location and contact information of the Company
    (i) Name: TLV Co., Ltd.
    (ii) Location: 881 Nagasuna, Noguchi-cho, Kakogawa-shi, Hyogo
    (iii) Contact information: 079-422-1122
  • Conditions of an agreement with a third party
    When a User uses any third-party service (such as an Internet communication service) while using the App, the User shall comply with the conditions of the agreement for such service.
  • Third-party beneficiaries
    A User acknowledges and agrees that Apple and subsidiaries thereof are third-party beneficiaries to the Terms, and that once the User approves the provisions of the Terms, then Apple as a third-party beneficiary hereto shall obtain the right to enforce the Terms against the User, and the User shall deem that Apple has accepted such right.

Article 23. Other Matters

  • In the case where the Company separately establishes detailed rules for matters not provided for in the Terms, Users shall comply therewith. In such case, the detailed rules shall form an integral part of the Terms.
  • Detailed rules shall come into force when posted at the location determined by the Company.
  • In the event of any inconsistency or conflict between the provisions of detailed rules and the Terms, the Terms shall prevail.

Supplementary Provisions

Established and enforced on July 1st, 2024