Article 1 (Application of the Terms and Conditions)
- These Home Controller Terms of Use (hereinafter referred to as "the Terms") shall apply to users (hereinafter referred to as "Customers") who utilize the Home Controller (hereinafter referred to as "Home Controller") provided at various locations operated by NOT A HOTEL Inc. (hereinafter referred to as "the Company") group.
- In the event of any conflict or inconsistency between the provisions of these Terms and those of other terms and conditions, such as accommodation agreements separately stipulated by the Company, these Terms shall take precedence.
- The Company may, when deemed necessary, amend these Terms within the scope of the purposes of the Home Controller. In such cases, the Company shall provide notice of the amendments, the content of the revised Terms, and the effective date of the amendments in a manner it considers appropriate prior to the effective date. The amended Terms shall come into effect on the designated effective date.
Article 2 (Use of the Home Controller)
- Customers staying at hotels developed by the Company or its partners may use the Home Controller primarily for the operation of in-room equipment during their stay. The use of the Home Controller for unlawful or improper purposes is strictly prohibited.
- The right to use the Home Controller is granted exclusively to Customers staying at or utilizing hotels developed by the Company or its partners.
Article 3 (Prohibited Acts)
The following acts, which interfere with or pose a risk of interfering with the operation of the Home Controller, are strictly prohibited, including but not limited to:
- Acts that disrupt the server or network system of the Home Controller.
- Acts that alter or delete the content or any information accessible via the Home Controller.
- Acts of unauthorized manipulation of the Home Controller.
- Transmission of viruses or other harmful computer programs.
- Intentional exploitation of Home Controller malfunctions.
- Reverse engineering, decompiling, disassembling, or otherwise attempting to decode the source code of the Home Controller.
- Failure to implement proper security measures for one’s own server or network system.
- Acts that infringe or potentially infringe upon the copyrights, trademarks, intellectual property rights, or other rights of the Company or third parties.
- Acts violating laws or public order, or acts causing harm to the Company or third parties.
- Discrimination, defamation, or acts damaging the honor or credibility of others.
- Acts connected to fraudulent activities or potential criminal conduct.
- Sending obscene images, child pornography, or any content related to child abuse.
- Any other acts deemed inappropriate by the Company based on reasonable judgment.
Article 4 (Security Measures)
The Company shall implement reasonable security measures to ensure the safety of the Home Controller. However, this provision does not guarantee the complete prevention of unauthorized access or improper use of the Home Controller’s server or network system by third parties.
Article 5 (Intellectual Property Rights)
The intellectual property rights, including inventions, ideas, creations, and trade secrets arising from or related to data generated or created by the Company through the Home Controller (hereinafter referred to as "Derivative Data"), shall belong to the Company. Unless otherwise stipulated, the Company shall retain exclusive usage rights to such Derivative Data.
Article 6 (Interruption, Modification, or Termination of Services)
The Company reserves the right to modify or discontinue the specifications of the Home Controller at any time at its discretion.
Article 7 (Customer Responsibilities)
Customers shall use the Home Controller at their own responsibility and bear full responsibility for all actions performed through the Home Controller and their consequences.
Article 8 (Disclaimer)
- The Company makes no express or implied warranties that (i) the Home Controller is free from errors, bugs, security vulnerabilities, or other defects, (ii) the Home Controller is safe, reliable, accurate, complete, effective, or fit for a particular purpose, or (iii) the Home Controller does not infringe upon third-party rights.
- Even if the Home Controller contains defects such as errors, bugs, or security vulnerabilities, the Company shall have no obligation to correct such defects for the Customer.
Article 9 (Liability of the Company)
- The Company shall not be liable for any damages incurred by the Customer arising from the use of the Home Controller, except in cases of intentional misconduct or gross negligence by the Company.
- Even in cases where the Company is liable under the preceding clause, the Company shall not be responsible for any special damages, such as loss of profits or business opportunities, arising from special circumstances. The Company’s liability for damages shall be limited to the total amount of accommodation fees paid by the Customer for using the Home Controller.
- Notwithstanding the foregoing, the Company assumes no responsibility for disputes arising between the Customer and third parties due to the use of the Home Controller.
Article 10 (Data Management)
- The Company shall store and review Customers’ wake words (words used to activate voice controls) and voice commands to improve the accuracy and functionality of voice recognition and other services.
- Customers acknowledge that irrelevant information (e.g., background conversations or television audio) may be unintentionally captured during recording.
- The Company may disclose Customer information obtained through the Home Controller to third parties under the following circumstances:
- With the Customer’s consent.
- When requested by law enforcement, courts, or administrative agencies in accordance with applicable laws.
- When necessary to protect the life, body, property, or other rights of the Customer or third parties.
- In other cases deemed necessary by the Company based on reasonable judgment.
- The Company shall not be obligated to store, preserve, or back up any data related to the Customer’s use of the Home Controller during or after the usage period.
Article 11 (Governing Law and Jurisdiction)
These Terms shall be governed by the laws of Japan. Any disputes arising from or related to the Home Controller between the Customer and the Company shall fall under the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
First Edition: December 10, 2024