RICOH Remote Field (the “App”)
**The following terms and conditions apply in addition to and are incorporated into “TERMS OF SERVICE RICOH SMART INTEGRATION SERVICE” (available here:****https://contract.na.smart-integration.ricoh.com/html/termsOfServices_RA.html** ) (“General Terms of Service”) for the use of RICOH Smart Integration and the App. Capitalized terms not defined in these Specific Terms of Service will have the meanings given to them in the General Terms of Service.
BY INSTALLING OR USING THE APP, YOU AGREE TO BE BOUND BY THE GENERAL TERMS OF SERVICE AND THESE SPECIFIC TERMS OF SERVICE. YOU REPRESENT AND WARRANT THAT THE PERSON ACCEPTING THE GENERAL TERMS OF SERVICE AND THESE SPECIFIC TERMS OF SERVICE HAS FULL POWER AND AUTHORITY TO DO SO. IF YOU DO NOT AGREE TO THESE SPECIFIC TERMS OF SERVICE, YOU ARE NOT LICENCED OR AUTHORIZED TO USE THE APP AND YOU MUST DISCONTINUE USE OR INSTALLATION OF THE APP IMMEDIATELY. IN THIS CASE YOU MUST CEASE USING THE APP AND RETURN THE MEDIUM ON WHICH THE SOFTWARE IS STORED (IF ANY) AND ALL ACCOMPANYING DOCUMENTATION.
Purpose
1.1. These Specific Terms of Service set forth the terms and conditions concerning Ricoh’s cloud service named “RICOH Remote Field” (specifically described in Ricoh’s website, the Exhibit attached hereto and the relevant documentations (“App”)).
1.2. The App will be supplied to You in accordance with a license agreement concluded between you and Ricoh (“License Registration Agreement”) and which will confirm (in an order confirmation) the details of the Vendor (as defined in Clause 2), the license period, payment details and other details relevant to the supply of the App.
1.3. The License Agreement will incorporate the General Terms of Service and these Specific Terms of Service.
1.4. In the event of any inconsistency or conflict between the General Terms of Service and these Specific Terms of Service, these Specific Terms of Service shall prevail.
Order
2.1. You must order (“Order”) a subscription to the App by submitting a Purchase Order for a license to Ricoh or its authorized reseller or dealer (“Vendor”). Once your Order is accepted, you acknowledge that your Order and provision of the App by Ricoh shall be subject to your acceptance of all of the terms of the License Agreement, and to your payment of any applicable fees in connection with the App.
2.2 Within a reasonable time following receipt of the Order, Ricoh will assess the Order and confirm the information necessary to provide the App and issue an order confirmation, indicating its acceptance of the Order and commencement of use of the App. Ricoh may decide whether or not to accept your Order at its discretion.
Service
3.1. The number of devices which can use the App is limited. Details are described on https://ricoh-remote-field.notion.site/08f51ba490f64d93848db80b222fe51c?v=e46020715f01470f97b9d478ca6908bf or will be notified by Ricoh to you.
3.2. You acknowledge and agree that the commencement and use of the App are subject to taking setup actions as instructed by Ricoh and/or your Vendor and/or as set out in the relevant documentations.
3.3. For commencement of use of the App, each of the Users shall, at its own expenses and responsibility, prepare any information, software, device, and/or any other devices (including mobile devices or personal computers) necessary for the App as designated by Ricoh, and you shall abide by any and all of the terms applied to such devices as may be imposed or required by Ricoh or any third party, including without limitation any license agreement concluded by you and such third party.
Fees, Payment and Terms
4.1. The details of each plan of the App are described to you separately by Ricoh or Vendor.
4.2. The term of the License Agreement shall commence on the date specified by Ricoh as describe in Clause 2.2 and shall continue in full force and effect for a period of one (1) year (“Term”) unless sooner terminated as provided in the License Agreement. The Term shall not renew automatically. If you choose to continue to use the App after the Term, you shall place an Order 10 days prior to the end of the Term.
4.3 You shall pay the applicable fees for the access and use of the App as specified in a Purchase Order (the “Fees”) to Ricoh or Vendor in accordance with the payment method prescribed by Ricoh or Vendor.
4.4. You may change your Order during the Term, provided that you will submit your request for such change to Ricoh or Vendor 10 days prior to the effective date of such change. You acknowledge and agree that the Fees which already paid by you will not be refunded.
4.5. Depending on the plan of the App you Order, you may give Ricoh or Vendor written notice of cancellation and for your account to be deactivated during the Term. Such cancellation shall be effective 10 days after receipt by Ricoh or Vendor. You acknowledge and agree that the Fees which already paid by you will not be refunded.
4.6. Depending on the plan of the App you Order, in the event that you exceed the time of use of the App specified in the Purchase Order, an excess fee shall be charged separately for the use of such excess amount. In this case, Ricoh will calculate the excess fee and notify you. You shall pay such excess fee in accordance with the payment method prescribed by Ricoh or Vendor.
4.7. All Fees are non-cancellable and non-refundable including in the event of Clause 4. c., 4. d. and 8. b. of the General Terms of Service, Clause 4.4. and 4.5. of these Specific Terms of Service, and in the event that you cease using the App voluntarily.
4.8. In the event that you fail to pay all the applicable Fees by the due date, Ricoh may charge interest rate and/or suspend the provision of the App until the payment is fulfilled by you.
4.9. There are trial plans of the App which you may Order. The details including the trial period are described to you separately by Ricoh or Vendor. If you Order a paid trial plan, Clause 4.3., 4.7. and 4.8. shall apply. When you wish to continue to use the App after the trial period, you shall inform Ricoh or Vendor accordingly 10 days prior to the end of the trial period.
Information You Provide to Ricoh
You consent to the collection, processing and storage by Ricoh of any personal information you and the Users provide to Ricoh in connection with your use of the App in accordance with the terms of the App’s Privacy Policy (available here:https://ricoh-remote-field.notion.site/PRIVACY-POLICY-3a6efb15a25543659ba037cfd9178f94). Such personal information includes user identification information, IP address, operation logs, audio, video images and messages exchanged through the App and other information related to the Users’ usage of the App.
Changes to These Specific Terms of Service
Ricoh may revise and update these Specific Terms of Service from time to time in its sole discretion. All changes are effective immediately when Ricoh posts them. Your continued use of the App following the posting of revised Specific Terms of Service means that you accept and agree to the changes. You are expected to check Remote Field Website from time to time so you are aware of any changes, as they are binding on you.
Governing Law and Jurisdiction
The United Nations Convention on Contracts for the International Sale of Goods does not apply to the License Agreement. The License Agreement shall be deemed made under the laws of Japan, excluding the choice of law and conflict of law provisions, and any claim against Ricoh may be enforced or disputed only and exclusively in the courts of Tokyo, Japan. To the extent permitted by local law, the parties hereto waive any right they may have to trial by jury.
Language
These Specific Terms of Service have been written and executed in the English language and the English language shall control over any translation hereof.
Implemented : Nov 29, 2023
Ricoh Company, Ltd.