Terms of Use

Article 1.Definitions of Terms, Solution Details, and Preconditions for Use

1. The following terms used in these Terms of Use are defined as follows:
   • (1)“User” means a business entity that enters into a Solution Agreement with Solution Provider and uses the Solution.
   • (2)“Employee, etc.” means all individuals who use the Solution including officers, employees, service providers, and others.
   • (3)“Solution Provider” means a business entity that enters into a Solution Agreement with a User and directly provides the Solution to the User (in cases where Murata enters into a Solution Agreement directly with a User, including Murata).
   • (4)“Solution Agreement” means any agreement (including but not limited to software licensing agreements) between a User and a Solution Provider concerning provision and use of the Solution.
   • (5)“Solution” means the integrated renewable energy control solution known as efinnos utilized by Users.
   • (6)“efinnos Connected Device” means any device specified in either (i) or (ii):
     (i)A Device; or
     (ii)A solar power generating system (including solar panels and conditioners), battery storage system (including storage batteries and conditioners), power sensors, solar radiometers or thermometers, digital I/O equipment, as well as other devices and facilities connected via cable or wirelessly to Devices (including indirectly connected items).
   • (7)“Device” means an edge computer or device controller equipped with software necessary for utilizing the Solution.
   • (8)“Partner Service” means any system, service, or the like provided by a third party that Murata uses in conjunction with delivering the Solution.
   • (9)“Partner” means any third party that offers a Partner Service.
2. A Solution Agreement is established when a User makes a request to use the Solution to a Solution Provider, following the specific procedures set by that Solution Provider. The agreement is formed once the Solution Provider accepts the User’s request.
3. To use the Solution, a User must independently arrange for efinnos Connected Devices at their own expense and take full responsibility for this arrangement. Additionally, the User must complete the registration process for using the Solution in accordance with Article 3.
4. Since efinnos Connected Devices are supplied by business operators other than Murata, Users should direct any questions or issues regarding these devices to the provider of those devices.

Article 2.Scope of Application of these Terms of Use

1. These Terms of Use govern the relationship between Murata and Users regarding use of the Solution by Users.
2. In addition to these Terms of Use, Murata may establish regulations, directives, prohibitions, manuals, and other rules concerning use of the Solution (collectively referred to as “Rules”). When using the Solution, Users must comply with both these Terms of Use and any applicable Rules. In the case of any discrepancy between these Terms of Use and Rules, these Terms of Use shall take precedence unless otherwise specified in the Rules.
3. Users must ensure that their Employees, etc. comply with these Terms of Use and Rules and shall bear joint and several liability to Murata for any violations and the like by their Employees, etc.
4. In the cases set forth below, Murata may revise these Terms of Use by notifying Users of the details of the changes and the effective date by posting on the Solution or by any other method deemed appropriate by Murata. In the case of revisions pursuant to Item (2), Murata will notify Users in advance with a reasonable deferral period.
   • (1) If revision of these Terms of Use is in agreement with the general interests of Users; or
   • (2) If revision of these Terms of Use is not contrary to the objectives of Solution Agreements and is reasonable in light of the necessity of the revisions, suitability of the content after revision, details of the revision, and other circumstances relating to the revision.
5. In addition to the preceding paragraphs, Murata may revise these Terms of Use at any time by obtaining the consent of Users.

Article 3.Use Registration

1. After agreeing to these Terms of Use, a User must apply for registration to use the Solution in accordance with the procedure designated by Murata. The application must be submitted using the form specified by Murata and must include information about the User as well as details regarding efinnos Connected Devices (including equipment configurations of efinnos Connected Devices and the latitude and longitude of the installation site).
2. Murata will evaluate each registration application specified in the preceding paragraph based on criteria established by Murata to determine whether to approve registration. If registration is approved, Murata will notify the User once their efinnos Connected Devices have been registered in the Solution. The registration process is completed when the User sets a secure password according to the instructions provided in the notice. Users are responsible for maintaining adequate password security and should change their passwords regularly.
3. Users acknowledge in advance that Murata may withhold approval of registration or cancel an existing registration if Murata determines that the applicant falls under the following conditions without obligation to disclose the reasons for such decision. Furthermore, Murata shall not bear any liability for damage incurred by a User as a result of cancellation of registration, regardless of the reason for the cancellation.
   • (1) If the applicant submits false information, errors, omissions, or inappropriate content in a registration application;
   • (2) If the applicant violated these Terms of Use, Rules, or any Solution Agreement, if the applicant violated other agreements with a Solution Provider or Murata, or if Murata determines that the applicant is associated with a person who has committed such a violation;
   • (3) If Murata determines that the applicant is not the owner or manager of the specified efinnos Connected Devices relating to the application;
   • (4) If the User is identified as an anti-social force (such as organized crime group, member of an organized crime group, company or organization affiliated with an organized crime group or their associates, or any other equivalent entities; referred to as “Anti-Social Forces”; hereinafter the same applies) or if the User is found to be cooperating or involved with Anti-Social Forces through the provision of funding or by other means;
   • (5) If the applicant was previously subject to disciplinary actions related to other services or solutions provided by Murata;
   • (6) If the applicant misuses the Solution;
   • (7) If the applicant disrupts the operation of the Solution; or
   • (8) If Murata determines that registration is inappropriate for any other reason.
4. A User may request cancellation of their registration for efinnos Connected Devices registered with Murata at any time. However, Murata reserves the right to postpone or deny cancellation based on the potential impact on the Solution and other relevant factors.
5. A User may request registration of new efinnos Connected Devices in addition to previously registered ones, up to a limit specified by Murata. However, Murata may delay or deny such requests based on the potential impact on the Solution and other relevant considerations.
6. A User may request an increase or decrease in the number of registrable efinnos Connected Devices. However, Murata reserves the right to deny such requests based on the potential impact on the Solution and other relevant factors.
7. Users may register only efinnos Connected Devices that they own and manage. If a User transfers, loans, or allows use of registered efinnos Connected Devices to or by a third party (including another User; hereinafter the same applies), the User must first deregister those devices.
8. If there are changes to any registered information after use registration has been completed, the User must promptly inform Murata using the method for updates designated by Murata.

Article 4.Management of IDs, etc.

1. A User shall manage the email address concerning which notice was provided to Murata as the user registration email address in the use registration specified in the preceding article as the User’s user ID.
2. A User shall manage the password set in accordance with the preceding article with the utmost care and under the User’s responsibility and may not disclose or divulge the password to third parties.
3. A User may not transfer or lend the User’s user ID and password (“ID, etc.”) to a third party or share the User’s ID, etc. with a third party. If the Solution is used with a User’s ID, etc., Murata shall deem such use to be use by the User, regardless of the circumstances, and the User shall not make any objection.
4. If approved by Murata in advance, a User may allow third parties to view the usage status of the Solution to the extent approved by Murata. In this case, unique IDs and passwords different from the User’s ID, etc. shall be set for each third party. Such viewing of the usage status of the Solution by third parties shall be deemed use by the User, and the User shall bear all responsibility regarding that conduct.
5. Except in cases attributable to Murata, Murata shall not bear any liability whatsoever for any damage incurred by a User as a result of the use of the User’s ID, etc. by a third party.

Article 5.Notice of Change of User

1. Notwithstanding Article 27, if a User submits a request to Murata and Murata approves, a User may transfer its status as a User under a Solution Agreement to a third party (the person who assumes such status pursuant to this paragraph is referred to as the “New User”). Prior to the assumption of status as a User, the New User shall perform the procedures designated by Murata (“Change of User Procedures”).
2. If the Change of User Procedures are performed, the New User shall be deemed a User of the Solution and shall be subject to application of these Terms of Use, and the previous User shall cause the New User to consent to bearing duties under these Terms of Use.
3. Following completion of the Change of User Procedures, Murata may terminate use by the previous User.
4. Any damage, disputes, and the like arising in relation to the Change of User Procedures shall be resolved with the User or New User, and Murata shall not bear any liability whatsoever.
5. If Murata incurs damage in relation to a change of user, the User and New User shall be jointly and severally liable to Murata to pay compensation for such damage.

Article 6.Solution Use Authority

Authority to use the Solution shall be granted only to Users who performed the use registration specified in Article 3.

Article 7.Conditions of Use of the Solution

1. Murata will provide the Solution in accordance with the conditions set forth in these Terms of Use. The use of the Solution is restricted to Users and their Employees, etc. Users may not permit others to access or use the Solution. Added by way of avoiding doubt, a third party approved by Murata pursuant to Article 4, Paragraph 4 is permitted to view the usage status of the Solution.
2. Users must connect to and use the Solution from an operating environment recommended by Murata. Details concerning the operating environment recommended by Murata can be found in the separate manuals and other documentation.
3. Users shall prepare and maintain their own operating environment necessary for using the Solution (including installation and configuration of efinnos Connected Devices and securing any necessary use rights such as software licenses) under their own responsibility and at their own expense. Murata shall bear no liability relating to the setup of such operating environment or providing support or advice.
4. By providing the Solution, Murata does not guarantee uninterrupted access by Users to communication lines. Specifically, there is no guarantee that operations will function correctly if a User utilizes a SIM card other than a recommended SIM card; nor does Murata guarantee signal strength due to intrusion prevention system (IPS) constraints. Consequently, Murata assumes no liability even if communication services become unavailable.
5. Users acknowledge that there may be instances when the Solution cannot be used due to network conditions at equipment installation sites, communication line issues with carriers, or other external factors.
6. All aspects related to connecting, communicating with, managing, maintaining, and servicing efinnos Connected Devices, including recovery in case device malfunction, shall be performed solely at the User’s expense and responsibility, even if these tasks are outsourced to third parties.
7. Securing the environment necessary for using the Solution, including setting up individual devices that comprise the efinnos Connected Devices and managing wiring between devices, as well as upkeep and maintenance of related equipment, shall be performed solely at the User’s expense and responsibility, and Murata shall not bear any liability for such matters.
8. Users must secure ownership or use rights for all locations and facilities necessary for the installation of efinnos Connected Devices prior to commencing use of the Solution. In the event of any disputes with third parties regarding these rights, Users are solely responsible for addressing and resolving such disputes at their own expense and must ensure that it does not cause any inconvenience to Murata; if Murata incurs any damage, losses, expenses, etc. (including reasonable attorney’s fees; referred to as “Damages”), Users agree to compensate Murata immediately for all Damages incurred.
9. Users may engage in use only after obtaining appropriate use licenses from Murata or third parties who obtained licenses from Murata (including sub-licenses) pertaining to the Solution itself, as well as related software, databases, and other information provided by Murata or its Partners through the Solution (including without limitation such software and the like that comprise the Solution or are provided to Users via the Solution; collectively referred to as “Software, etc.”).

Article 8.Handling of Sensing Data

1. To utilize the Solution, Users must configure their efinnos Connected Devices correctly and ensure that any data collected from these devices are transmitted to the Solution using the method specified by Murata. All transmitted data (“Sensing Data”) will be securely stored in a cloud environment managed by Murata.
2. All copyrights, patent rights, other intellectual property rights, and all other rights related to Sensing Data (including those specified in Articles 27 and 28 of the Copyright Act) are owned by Murata. Murata reserves the right to use Sensing Data and provide it to third parties without seeking prior approval from Users. Users shall not exercise or permit their Employees, etc. to exercise any moral rights of authors or engage in actions that may hinder Murata’s or third parties’ use of Sensing Data.
3. Users may utilize Sensing Data only to the extent necessary for use of the Solution, in accordance with these Terms of Use and Rules.

Article 9.Sensing Data Whose Transmission to the Solution Is Prohibited

1. Sensing Data that may be transmitted to the Solution is restricted to data collected by a User for business purposes at their business sites and shops utilizing efinnos Connected Devices. The transmission of Sensing Data collected for personal use is prohibited.
2. In addition to the preceding paragraph, the following categories of Sensing Data are prohibited from being transmitted to the Solution:
   • (1) Sensing Data collected through methods that violate laws and regulations or public order and morals;
   • (2) Sensing Data gathered in a manner that infringes on the ownership rights, proprietary rights, privacy rights, or other rights or legitimate interests of third parties; and
   • (3) Sensing Data collected via an efinnos Connected Device installed in any of the following locations:
     (i) A location where the User lacks use rights or control authority;
     (ii)A location used exclusively by individuals other than the User; and
     (iii)Other locations deemed inappropriate for operation of the Solution by Murata.

Article 10.Data Linkage with Partner Services and Use of Open Source Software

1. The Solution includes functions for data linkage with Partners. When such data linkage occurs, Murata may exchange information with Partners regarding registered efinnos Connected Devices and other relevant User information.
2. The Solution incorporates open source software (OSS). For details about the OSS used, please visit the site indicated below. Users are required to comply with the terms of use associated with such OSS when utilizing the Solution.

• Software License

Article 11.Software, etc. Updates

Users agree to the following terms regarding software updates:

• (1) The Software, etc. will be automatically updated periodically to enhance performance, improve security features, correct errors and bugs, comply with changes in applicable laws, regulations, standards, and specifications, and adapt to modifications of Partner Services.
• (2) In conjunction with such updates of the Software, etc., functions of the Software, etc. may be added, modified, or removed.
• (3) The provisions outlined in these Terms of Use also apply to any updated versions of the Software, etc.

Article 12.Prohibited Conduct When Using the Solution

When using the Solution, Users are prohibited from engaging in the following conduct:

• (1) Registering false or inaccurate User information;
• (2) Improperly acquiring or using another User’s ID, etc.;
• (3) Using the Solution while impersonating another individual;
• (4) Engaging in conduct that interferes with or is likely to interfere with operation of the Solution or any conduct that defames the Solution or Murata or impairs either’s honor or reputation;
• (5) Engaging in conduct that infringes on or is likely to infringe on copyrights, trademarks, design rights, patent rights, other intellectual property rights, or other rights or legitimate interests of Murata or third parties;
• (6) Engaging in conduct that violates or is likely to violate laws, regulations, public order, or moral standards;
• (7) Attempting unauthorized access to the Solution, launching attacks against it, or conduct likely to result in such unauthorized access or attacks or transmitting or embedding malicious software or the like;
• (8) Performing reverse engineering, data compilation, reverse assembling, or similar conduct;
• (9) Using the Solution with modified efinnos Connected Devices or any devices not approved by Murata for use with the Solution;
• (10) Engaging in conduct that violates or is likely to violate these Terms of Use or Rules; and
• (11) Engaging in any other conduct deemed inappropriate by Murata for the operation of the Solution.

Article 13.Suspension and Discontinuation of Provision of the Solution

1. Murata may suspend provision of the Solution for the necessary duration under the circumstances set forth in the following items:
   • (1) During maintenance, inspections, or updates to servers, computer systems, or other equipment related to the Solution;
   • (2) When it becomes difficult to provide the Solution due to force majeure such as earthquake, lightning strike, fire, power outage, natural disaster, public health emergency, or material amendment or repeal of laws and regulations;
   • (3) If servers, computer systems, communication lines, or the like stop functioning due to accident or other unforeseen causes;
   • (4) In response to an emergency situation such as unauthorized access or cyberattack;
   • (5) If a Partner Service is suspended or terminated; or
   • (6) Additionally, if Murata determines that suspension of the Solution is necessary for operational or technical reasons.
2. If Murata suspends provision of the Solution under any of the circumstances specified in the items of the preceding paragraph, it will notify Users in advance. However, this requirement may be omitted if Murata determines that there is an emergency or there are unavoidable circumstances; in such instances, Murata will provide prompt notification following the suspension.
3. Notwithstanding the preceding two paragraphs, if a User or a User’s Employee, etc. violates these Terms of Use or Rules, Murata may suspend provision of the Solution in whole or in part without prior notice.
4. In the case of Paragraph 1 or 3 of this article, Murata may terminate provision of all or part of the Solution at its discretion.
5. Murata shall not bear any liability for Damages incurred by Users as a result of actions taken under this article.

Article 14.Subcontracting

Murata may subcontract all or part of its operations relating to the Solution to third parties.

Article 15.Ownership of Rights to Software, etc.

All copyrights, patent rights, other intellectual property rights, and all other rights concerning the Software, etc. are owned by Murata or Partners. Users may use the Software, etc. only to the extent that they use the Solution in accordance with these Terms of Use and Rules.

Article 16.Confidentiality

Users shall treat all technical, operational, and business information of Murata and Partners learned in relation to the Solution as confidential. This information may only be used for the purposes of the Solution and may not be disclosed or divulged to third parties without prior written consent from Murata. However, these confidentiality obligations do not apply to information that can be demonstrated by the User as falling under any of the following categories:

• (1) Information that was publicly known at the time of disclosure;
• (2) Information that becomes publicly known after disclosure through no fault of the User;
• (3) Information that the User already possessed prior to disclosure;
• (4) Information legitimately obtained from a third party not under a duty of confidentiality; and
• (5) Information independently developed by the User without reference to Murata’s information.

Article 17.Handling of Personal Information

Murata will manage personal information provided by Users in accordance with the separate efinnos Policy on Handling of Personal Information.

• Handling of customer personal information

Article 18.Termination of Software, etc. Use Licenses

If a use license agreement relating to the Software, etc. concluded by a User is terminated and the User loses the right to use the Software, etc., the Solution will automatically be terminated.

Article 19.Measures Following Termination of Solution Agreement

1. Upon termination of a Solution Agreement, Users will lose their right to use the Solution and Software, etc. (collectively referred to as the “Solution, etc.”). Access to the Solution by Users following termination of a Solution Agreement is strictly prohibited, regardless of the circumstances.
2. If a Solution Agreement is terminated, whether through cancellation, mid-term termination, or for any other reason, such termination will be effective prospectively only.
3. After the termination of a Solution Agreement, Murata may delete any User-registered information or Sensing Data transmitted by Users to the Solution at any time.

Article 20.Third-Party Demands, etc.

In the event that any recommendation, order, administrative directive, or guidance (“Administrative Disposition, etc.”) is issued by an administrative authority to Murata regarding the use of the Solution by Users or the handling of Sensing Data by Murata, or if a third party (including Murata’s Partners) makes any claim, demand, or the like (“Third-Party Demand,” collectively referred to with Administrative Disposition, etc. as “Third-Party Demand, etc.”), the User shall be responsible for addressing and resolving such Third-Party Demand, etc. at its own expense and responsibility and must ensure that it does not cause any inconvenience to Murata. If Murata incurs any Damages in relation to such Third-Party Demand, etc., the User shall immediately compensate for such Damages incurred by Murata.

Article 21.Warranty Disclaimer and Limitation of Liability

1. Murata provides no warranties regarding the authority, safety, reliability, accuracy, completeness, effectiveness, non-infringement of third-party rights, marketability, or suitability for a particular purpose or warranties arising from the course of transactions, performance processes, or commercial practices in relation to the Solution, etc. (including but not limited to peak cutting, absorption of surplus electric power, simulation effects, and Solution screen displays; this applies regardless of whether explicit or implicit), and Murata does not guarantee that the Solution, etc. is free from errors, bugs, security vulnerabilities, or the like. Further, Murata does not guarantee that the Solution, etc. does not infringe on third-party intellectual property rights or other rights.
2. Murata shall not be liable for any damage incurred by Users resulting from their use of the Solution, etc. (including loss or damage relating to Sensing Data); provided, however, that this shall not apply in cases where such damage is due to Murata’s intentional misconduct or gross negligence.
3. Murata shall not bear any liability for damage arising from interruption, delay, or suspension caused by failure of communication lines, servers, or computer systems, loss of data or programs, unauthorized access to data, virus infection, or any other damage incurred by Users in relation to services.
4. Notwithstanding these Terms of Use, Murata shall not bear any liability in relation to the Solution for the damage set forth below:
   • (1) Damage incurred for reasons beyond Murata’s control;
   • (2) Damage arising from special circumstances, regardless of whether those circumstances were foreseeable by Murata; and
   • (3) Damage resulting from necessary actions taken for providing the Solution, such as server maintenance.
5. If Murata is found liable to pay compensation for damage to a User, regardless of the circumstances, compensation will be limited to ordinary damage directly and actually incurred by the User, and the total amount payable will not exceed the cumulative consideration received by Murata from that User in connection with provision of the Solution.
6. The liability to pay compensation for damage to a User in relation to the Solution constitutes Murata’s sole liability under these Terms of Use and is limited as specified herein.

Article 22.Disclaimers Regarding Partner Services

1. In providing the Solution, Murata utilizes Partner Services.
2. Murata makes no warranties regarding Partner Services and services provided by Partners and assumes no liability for any Damages incurred by Users caused by those services. Should any problems or the like arise between a Partner and a User, the User shall address and resolve the matter at its own responsibility and expense and must ensure that it does not cause any damage to Murata; if Murata incurs any Damages in relation to such problems, the User shall immediately compensate Murata for all such Damages.
3. Murata may modify the particulars of the Solution in response to suspension or modification of Partner Services.

Article 23.Remote Operation Functions

1. Users agree to the following terms regarding remote operation functions. Murata shall not bear any liability even if a User incurs damage due to the inability to issue effective instructions using such remote operation functions as a result of the circumstances set forth in the following items:
   • (1) There may be a certain delay between when an operating instruction for a remote function is issued or scheduled to be issued and when that function is actually executed due to communication issues.
   • (2) During maintenance of the Solution or other activities conducted by Murata in accordance with these Terms of Use, access to the Solution may be temporarily restricted, rendering remote operation functions inoperable.
   • (3) If conditions for using remote operation functions are specified, even if those conditions are met, there may still be instances where these functions cannot be used from the Solution.

Article 24.Output Control Function

1. Software that supports an output control function will be provided through prior or subsequent installation in the Software, etc. If on-site adjustments, software updates, or other tasks are required for the effective use and implementation of this software, the User agrees to cover any associated local adjustment costs and other necessary expenses, unless otherwise agreed.
2. If a User is not a licensed electric power operator, it must obtain agreement from its electric power operator regarding compliance with these Terms of Use.

Article 25.Self-Consumption-Type Output Control Functions

Users confirm and agree that self-consumption-type output control functions cannot fully prevent reverse power flows in all circumstances.

Article 26.Notices and Communications

1. Murata will provide support via email during business hours for User inquiries relating to maintenance of the Solution.
2. All notices or communications between Users and Murata will be conducted through methods designated by Murata. Unless Murata receives notification of a change of contact information from a User via the specified method, the currently registered contact details will be deemed valid. Notices and communications sent to this contact information will be considered received by the User at the time they are issued.

Article 27.Prohibition of Assignment of Rights and Duties

1. Users may not assign their status, rights, or duties under a Solution Agreement to any third party or offer them as security in whole or in part without obtaining prior written approval from Murata.
2. Users agree in advance that if Murata transfers its business relating to the Solution to a third party, it may also transfer its status, rights, and duties under these Terms of Use, as well as User information and other relevant data. Such business transfer includes not only standard business transfers but also instances involving corporate divisions or other forms of business transfer.

Article 28.Governing Law and Jurisdiction

1. Solution Agreements and these Terms of Use shall be governed by and construed in accordance with the laws of Japan.
2. In the event of any disputes arising from or in relation to a Solution Agreement or these Terms of Use, the Kyoto District Court shall have exclusive jurisdiction as the court of first instance.

Article 29.Consultations

In the event of any matters not specified in a Solution Agreement and these Terms of Use or any doubt concerning their interpretation, the User and Murata shall engage in good-faith consultations to reach a resolution.

Revision History
Established May 22, 2024
Revised June 19, 2025

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