Terms and Conditions of Use

These Terms and Conditions of Use ("Terms of Use") set out the terms and conditions for providing the Services (as defined in Article 1) provided by TOTO LTD. (the "Company") as well as rights and obligations between a User and the Company.

Article 1. Definitions

The following terms used in these Terms of Use have the following respective meanings:

(1) "Sanitary Washing Devices" collectively refers to warm-water bidet seats, toilet basins, remote controls or toilet sound mufflers that are installed by the Company in Japan;

(2) "Service Store" means the website of a service store for smartphones, such as App Store and Google Play;

(3) "Application" means a smartphone application provided by the Company through a Service Store. The Application is called "In Town Toilet;

(4) "Services" means the services in which a User can operate a Sanitary Washing Device using the Application;

(5) "User" means a person that downloads the Application and uses the Services; and

(6) "Label" means a label with a two-dimensional barcode on it that is used for connecting a smartphone to a Sanitary Washing Device via Bluetooth® in order to use the Services.

Article 2. Purpose of the Services

The purpose of the Services is for a User to operate the Sanitary Washing Devices through the User's smartphone when using those devices in Japan.

Article 3. Agreement to the Terms of Use

1. In order to use the Services, a User must agree to these Terms of Use.

2. A use agreement for the Services shall be considered to have been entered into between a User and the Company at the time the User downloads the Application on a smartphone and performs the procedures to agree to these Terms of Use.

Article 4. User Environment Necessary for Using the Services

1. A User must procure a smartphone and prepare the necessary environment for using the Services (including downloading the Application) on the User's responsibility and at the User's expense.

2. A User must take appropriate information security measures (including measures to prevent computer virus infections, unauthorized access, information leakage, etc.) depending on the User's own user environment.

3. The Application can be used for free (including downloading the Application). However, any communication charges, etc. incurred in connection with using the Application must be paid by the User.

Article 5. Use of the Services

1. A User follows the steps below to use the Services. Please note that steps (3) to (5) can only be performed near a Sanitary Washing Device and a Label located in Japan.

(1) Download the Application on a smartphone via a Service Store with which the Company has registered;

(2) Start the Application and set individual settings as necessary by following the tutorial;

(3) Connect the smartphone to the Sanitary Washing Device via Bluetooth® by scanning the two-dimensional barcode on the Label using the Application and the smartphone camera;

(4) Follow the tutorial displayed on the Application to operate the Sanitary Washing Device through the smartphone; and

(5) The User can disconnect the smartphone from the Sanitary Washing Device by using the Application. The connection will be automatically lost if a User leaves the warm-water bidet seat for a certain period of time, or if a certain period of time has passed after connecting, or if the smartphone moves a certain distance away from the Sanitary Washing Device.

2. In using the Application, a User needs to enable the smartphone functions required by the User's smartphone, such as “Bluetooth” (*1), “camera” (*2), "physical activity (motion, vital signs, etc.)” (*3), and “location information” (*4). The names of these functions may vary depending on the User's operating system and its version.

*1: This function is used to connect a smartphone to a Sanitary Washing Device.

*2: This function is used to scan the two-dimensional barcode on the Label.

*3: This function is used to detect the User leaving the toilet seat and disconnect the User's smartphone from the Sanitary Washing Device.

*4: For some of the versions of Android™, “location information” needs to be turned on in order to use the functions of Bluetooth®. The Application does not collect a User's location information.

3. A User agrees in advance that the Company does not warrant that the Services are supported by all smartphones and that the Services may fail to operate due to any upgrades, etc. to a smartphone operating system used for the Services. If such failure occurs, the Company may make revisions, etc. to the Application, but does not guarantee that such revisions, etc. will resolve the failure.

Article 6. Handling of Usage Information

The Company does not collect any personal information that can identify a specific individual through the Application. However, when a User accesses the Company's website, the Company may collect data regarding the User. This data will be properly handled in accordance with the separately established Privacy Policy of the Company.

Article 7. Prohibited Acts

1. Users are prohibited from performing any of the following acts when using the Services:

(1) Obstructing the smooth operation of the Company's Services or Application (including cracking the system used for providing the Services and other acts of unauthorized access, damaging Sanitary Washing Devices, and any other acts that hinder the operation of the facilities, etc. related to the Services);

(2) Using the Application for purposes other than the purpose of using the Services;

(3) Using the Application for commercial purposes;

(4) Using any of the marks, images or other content comprising the Application beyond the scope of private use;

(5) Analyzing, reproducing, modifying or reverse engineering the programs, etc. related to the Application, or other similar acts;

(6) Harming the reputation or credibility of the Company or a third party, or unreasonably discriminating against or defaming the Company or a third party;

(7) Causing mental or physical damage to a third party or damaging the property of a third party (including any pranks and similar acts using the Application); and

(8) Other acts that are against the purpose of the Services.

2. If the Company determines that a User is using the Services in violation of these Terms of Use, the Company may take measures that the Company considers to be necessary and appropriate without advance notice to the User. However, the Company is under no obligation to prevent or rectify any violations by a User.

3. If a User causes any damage (including attorney's fees) to the Company through any of the acts listed in each item of paragraph 1 of this Article, the User is liable to compensate for such damage.

Article 8. Change, Update, Suspension, Termination, etc. of the Services or the Application

1. The Company may make a change or addition to the content of the Services or the Application, or a change or addition, etc. to the requirements for using the Application (including any changes and additions, etc. that are required for reasons related to the maintenance or safety of the Application) without advance notice to the Users. The Company does not warrant that all the functions and performance of the Services that exist before the change will be maintained.

2. When any change or addition (such as a software update) is made to the content of the Application, any individually set data of a User may, on rare occasions, be lost and the settings reset. The Company shall not be liable for any loss of such data.

3. By giving advance notice, the Company may terminate or suspend the Services and the Application in whole or in part.

4. Notwithstanding the preceding paragraph, if the Company determines that urgent actions are required, the Company may terminate or suspend the Services and the Application in whole or in part without advance notice to the Users.

Article 9. Disclaimers

1. The Company is not liable in any way for any and all disadvantages (including any impact to a User's smartphone or other user environment caused by downloading the Application, and any disadvantages from losing data) that the User may suffer due to the use of or inability to use the Services or the Application, unless the cause of such disadvantages is the Company's willful misconduct or gross negligence.

2. The disadvantages mentioned in the preceding paragraph include any and all damage that may be caused to a User due to the following:

(1) Failures in the Application or the Services (including any errors or omissions in information displayed);

(2) Failures in Sanitary Washing Devices;

(3) Failures in the Label (including any damage to, loss of, or stains or omissions in the two-dimensional barcode);

(4) Use of the Application not consistent with the purpose of the Services;

(5) Errors in operating the Application (including any operation that does not follow the operational tutorial provided by the Company);

(6) A smartphone or the system for the Services being hacked or infected with a computer virus (including the two-dimensional barcode being replaced with a fake one, and a third party operating the User's smartphone);

(7) Amendments to the terms of use or the operational policy of a Service Store; or

(8) Natural disasters, network failures, measures by a court or other public authorities, or other events beyond the reasonable control of the Company.

Article 10. Amendments to the Terms of Use

If considered necessary, the Company may amend these Terms of Use. Any amendments to these Terms of Use will be notified by re-posting the date the amended Terms of Use comes into effect and details of the amended Terms of Use when the Application is started. If these Terms of Use are amended, a new use agreement for the Services shall be considered to have been entered into between a User and the Company when the User expresses its consent by clicking on the applicable section re-displayed on the Application. However, under either of the following circumstances, the Company may amend these Terms of Use without obtaining the consent of the Users:

(1) The amendments to these Terms of Use conform in the general interests of the Users; or

(2) The amendments to these Terms of Use are not in conflict with the purpose for which the Users have agreed to these Terms of Use, and are reasonable in light of the circumstances concerning the amendment, such as the necessity of the amendment, and the appropriateness of the contents of the amendments.

Article 11. Intellectual Property Rights

Any copyrights, patent rights, utility model rights, design rights, trademark rights and any other intellectual property rights related to the Services ("Intellectual Property Rights") shall belong to the Company or a third party by which the Company has been granted a license for use. These Terms of Use do not grant a User any license to use the Intellectual Property Rights beyond the scope necessary for using the Services in accordance with these Terms of Use.

Article 12. No Warranties

The Company makes no warranties of any kind, either express or implied, with respect to the Services or the Application, including, but not limited to, warranties of fitness for a particular purpose of a User, completeness, accuracy, appropriateness or usefulness, continuous availability, and of freedom from failures.

Article 13. Governing Law and Jurisdiction

1. These Terms of Use shall be governed by and construed in accordance with the laws of Japan.

2. The Tokyo District Court shall have the agreed exclusive jurisdiction in the first instance for any disputes in connection with these Terms of Use, the Services or the Application.

Article 14. Severability

Even if any of the provisions of, or part of a provision of, these Terms of Use is found invalid or unenforceable under laws or regulations, etc., including, but not limited to, the Consumer Contract Act of Japan, the part of the provisions that has not been found invalid or unenforceable shall remain in full force and effect.

End

1. The Company makes no warranties of any kind, either express or implied, with respect to the Services or the Application, including, but not limited to, warranties of fitness for a particular purpose of a User, completeness, accuracy, appropriateness or usefulness, continuous availability, and of freedom from failures.

2. The Company is not liable in any way for any and all disadvantages (including any impact to a User's smartphone or other user environment caused by downloading the Application, and any disadvantages from losing data) that the User may suffer due to the use of or inability to use the Services or the Application, unless the cause of such disadvantages is the Company's willful misconduct or gross negligence.

3. The disadvantages mentioned in the preceding paragraph include any and all damage that may be caused to a User due to the following:

(1) Failures in the Application or the Services (including any errors or omissions in information displayed);

(2) Failures in Sanitary Washing Devices;

(3) Failures in the Label (including any damage to, loss of, or stains or omissions in the two-dimensional barcode);

(4) Use of the Application not consistent with the purpose of the Services;

(5) Errors in operating the Application (including any operation that does not follow the operational tutorial provided by the Company);

(6) A smartphone or the system for the Services being hacked or infected with a computer virus (including the two-dimensional barcode being replaced with a fake one, and a third party operating the User's smartphone);

(7) Amendments to the terms of use or the operational policy of a Service Store; or

(8) Natural disasters, network failures, measures by a court or other public authorities, or other events beyond the reasonable control of the Company.

4. The Application can be used for free (including downloading the Application). However, any communication charges, etc. incurred in connection with using the Application must be paid by the User.

5. The Company may make a change or addition to the content of the Services or the Application, or a change or addition, etc. to the requirements for using the Application (including any changes and additions, etc. that are required for reasons related to the maintenance or safety of the Application) without advance notice to the Users. The Company does not warrant that all the functions and performance of the Services that exist before the change will be maintained.

6. When any change or addition (such as a software update) is made to the content of the Application, any individually set data of a User may, on rare occasions, be lost and the settings reset. The Company shall not be liable for any loss of such data.

7. By giving advance notice, the Company may terminate or suspend the Services and the Application in whole or in part.

8. Notwithstanding the preceding paragraph, if the Company determines that urgent actions are required, the Company may terminate or suspend the Services and the Application in whole or in part without advance notice to the Users.

* The meaning of capitalized terms are as defined in the Terms and Conditions of Use currently in effect.

*Google and Google logo, Google Play and Google Play logo and Android are trademarks or registered trademarks of Google LLC.
* App Store, Apple and Apple logo are trademarks of Apple Inc. registered in the U.S. and other countries.
*iOS is the name of the operating system of Apple Inc.
*IOS is a registered trademark or trademark of Cisco Systems, Inc. or its affiliates in the U.S. and other countries and is used under a license.
*The Bluetooth® logo is a registered trademark of Bluetooth SIG, Inc. and is used by TOTO under license.