TERMS OF USE
07 May 2023
These Terms of Use (hereinafter 'Terms') are between you (hereinafter 'you') and FUNNEL Lighting Pte Ltd (hereinafter 'FUNNEL', 'we' or 'us') and stipulate the rights and obligations regarding the services (hereinafter 'Services') provided on the FUNNEL's website (hereinafter 'Website').
Before using the Services, you must read and agree to the full text of these Terms and our Privacy Policy.
By marking the checkbox to agree to the Terms & the Privacy Policy and submitting the form on the Website, we will assume that you have agreed to the Terms and the Privacy Policy.
The Terms may be changed if deemed necessary in the future. The revised terms will come into effect when this web page is updated. If you do not agree to the updated Terms, do not use the Services.
If you agree to the Terms on behalf of your organization, then 'you' means your organization. If you do not have such authority, do not use the Services.
1 ABOUT THE SERVICES
The Services enable search (hereinafter 'Search Service') and comparison (hereinafter 'Comparison Service') of light fixtures by uploading IES and LDT files (hereinafter 'Light Distribution File' or 'Light Distribution Files').
1.1 Search Service
When one Light Distribution File is uploaded, the Website will list the light fixture data with a similar light distribution from our database (hereinafter 'Database').
1.2 Comparison Service
When two Light Distribution Files are uploaded, the Website will calculate the similarity between the light distributions and plot the light distributions in 3D.
User registration and a subscription agreement are required to use these Services. For the Search Service, you also must register the lighting fixture data.
2 USER REGISTRATION
An individual who uses the Services is called a user (hereinafter 'User'). A User must complete user registration (hereinafter 'User Registration') to create an individual account (hereinafter 'Account'). User Registration is free of charge.
To apply for User Registration, the User must provide a name, email address, and password (hereinafter 'Registered Information'). The Registered Information must be accurate, complete and up-to-date. If the Registered Information changes, the User must promptly update the Registered Information.
After we confirm that the email address belongs to the User and that the User can receive our email, we will approve the application by the User and the User Registration will be completed.
After completing the User Registration, the User can log in to the personal Account with the email address and the password. The User can log in only with one device at the same time.
The User must adequately manage the Registered Information. If the User discovers the Registered Information leak is no longer secure, the User must promptly change the password and inform us. We are not responsible for any damage caused by the User's Registered Information leakage.
We prohibit the User from lending, transferring or selling the Account to a third party and sharing it with any third parties.
If you want to delete your Account, you can delete it on the account settings page. After deleting, you will not be able to use the Services.
3 SUBSCRIPTION AGREEMENT
The Users will be able to access the subscription page after login.
A subscription agreement ('Subscription Agreement') shall be established between you and us when you select the Services you want to use, your payment for the Services is completed, and the Services become available.
The Subscription Agreement period (hereinafter 'Subscription Period') shall be one year from when the Subscription Agreement is established or renewed.
If you do not cancel within the Subscription Period, the Subscription Agreement shall be renewed under the same conditions for another year, and the same shall apply thereafter.
If you have purchased multiple subscriptions, you can use the team function.
4 USAGE FEES AND PAYMENT
To use the Service, you must pay a subscription fee (hereinafter 'Fees').
4.1 Fees
The Fees for the Services are as follows:
- 4.1.1 Search Service is determined by consultation between you & us
- 4.1.2 Comparison Service is $150/year/user.
You will pay all fees in United States Dollars. The Fees payable by you shall vary depending upon the number of Users. Payment obligations are non-cancelable and the Fees paid are non-refundable.
We may revise the Fees in the future if deemed necessary. We will notify you by email one month before any revision. The revised Fees will be effective from the time of the next renewal of the Subscription Agreement.
4.2 Time of Payment
The Fees are paid annually in advance. You are required to pay the fee when the Subscription Agreement is established or renewed.
4.3 Payment Method
You need a credit card for payment. You represent and warrant to FUNNEL that you have the legal right to use your credit card for payment.
We use the services by a third-party payment processor (hereinafter 'Payment Processor') to enable online payments by credit cards. You need to authorize the Payment Processor to charge the Fees.
You must provide the Payment Processor with your name, credit card number, expiration date and card verification code which are necessary information (hereinafter ''Payment Information') to complete the payment. Payment Information is not provided to FUNNEL but directly to the Payment Processor.
4.4 Recurring Payment
Your Subscription Agreement has an automatic recurring payment function (hereinafter 'Recurring Payment') and you accept responsibility for all Recurring Payment obligations before cancellation or termination of your Subscription Agreement. When your Subscription Agreement is renewed, we will automatically charge you the Fees using the Payment Information.
4.5 Canceling or Terminating Recurring Payments
You can stop automatic Recurring Payments during the Subscription Period. The Fees for the remainder of the Subscription Period are non-refundable.
5 TEAM FUNCTION
If you purchase multiple subscriptions, you can use the team function. You are called a team administrator (hereinafter 'Admin') and can manage the team.
On the team setting page, the Admin can send an invitation email to a person (limited to those who have not signed a Subscription Agreement yet).
When the invited person completes User Registration and accepts the invitation to join the team, the person will be added as a team member (hereinafter 'Member'). The Members can use the Service without making a Subscription Agreement and paying the Fees.
The first subscription is for the Admin itself. The Admin can invite as many Members as the 2nd and after subscriptions.
6 ATTRIBUTION AND LICENSE OF INTELLECTUAL PROPERTY RIGHTS
6.1 FUNNEL has only licensed the Services to you and we do not sell the Services to you. You acknowledge and agree that we have and retain all legal rights in the Services. Your rights under these Terms are non-exclusive. There is no prohibition or restriction on FUNNEL to provide the same or similar rights set out in these Terms to any other person.
6.2 Intellectual property rights such as trademarks and photographs displayed on the Website belong to FUNNEL and those who have licensed to us. The license under 7.1 does not mean a license to use these intellectual property rights.
6.3 When uploading on the Website, the User shall represent and warrant to FUNNEL that they are entitled to upload the Light Distribution Files, that the Light Distribution Files have been legally obtained, and that they do not infringe any third party's rights.
6.4 The Database is created based on Light Distribution Files and other basic information from lighting manufacturers. The light distribution data does not fall under the category of 'limited provision data' (Article 2-7) of the Unfair Competition Prevention Law and does not fall under the category of 'work' (Article 2) of the Copyright Law of Japan. Even if applicable, the intellectual property of the lighting manufacturer is based on the legal basis that the act of copying is for location search (Article 47-5) and information analysis (Article 30-4) of the Copyright Law of Japan. We provide this Service after judging that it does not infringe on the intellectual property rights of lighting manufacturers. Users are only permitted to use the Database for the Service provided only on the Website.
6.5 The Services include codes and libraries licensed to us by third parties, including open source software (hereinafter 'OSS'). Your right to use such OSS shall be governed by the applicable OSS license agreement instead of these Terms.
7 PERSONAL INFORMATION, ETC.
We may use Personal Information to the extent necessary to provide the Service and to the extent stipulated in our Privacy Policy. For details, please read the Privacy Policy.
8 YOUR USE OF THIS SITE
Users are prohibited from engaging in any of the following acts:
8.1 Acts that cause disadvantage or damage to us or other third parties
8.2 Acts that infringe the intellectual property rights of FUNNEL or other third parties
8.3 Acts of gaining unauthorized access to the web server of FUNNEL
8.4 Acts of overloading the web servers of FUNNEL, using scripts or software to access and scrape the data, or uploading irrelevant files
8.5 Acts of reverse engineering or analytical activities of the Service
8.6 Acts of sending harmful programs such as computer viruses and junk emails to us
8.7 Any other acts deemed inappropriate by us
9 SUSPENSION OF THE SERVICE
FUNNEL shall be able to suspend or discontinue the provision of all or part of the Service without notifying Users in advance in any of the following cases:
9.1 During the urgent inspection or maintenance of the computer system related to the provision of the Service
9.2 When we cannot operate the Service due to a failure of a computer, communication line, erroneous operation, excessive load on the network or system, unauthorized access, hacking, etc.
9.3 When we cannot operate the Service due to force majeure such as earthquakes, lightning strikes, fires, storms and floods, power outages, and natural disasters
9.4 In addition, when we determine that suspension or discontinuation is necessary
10 DISCLAIMER
10.1 We will always use our best efforts to ensure the accuracy of all information. However, We cannot guarantee the accuracy of the information.
10.2 We are not responsible for any damage caused to a User or a third party by the information provided by the Service.
10.3 We are not responsible for any damage caused to a User or a third party by the information provided at the link attached to the Service.
10.4 We shall assume no responsibility for any transaction, communication, or dispute between a User and a third party in connection with the Service.
10.5 The search and comparison algorithm used in the Service is subject to change without notice. As a result, the ranking of results according to similarity may change without notice.
11 GOVERNING LAW / AGREEMENT JURISDICTION
The Terms are governed by and construed under the laws of Japan. In any dispute arising from or connected with the Terms, the parties shall agree to submit to the exclusive jurisdiction of the Tokyo District Court in Japan in the first instance.
12 CONTACT METHOD
If you have any comments or queries regarding the Service, please contact us at contact@funnel.lighting