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Legal / Terms of Use

pool Terms of Use

RECOTECH ／ Effective May 1, 2025

These pool Terms of Use (the "Terms") set out the conditions of use, rights, and obligations between RECOTECH (the "Company") and users of "pool." These Terms apply whenever you use "pool." Before agreeing to these Terms, please read the entire document carefully and confirm your consent to them before using the Service.

Article 1(Definitions)

  1. The following terms used in these Terms shall have the meanings set out in each item below.
    1. "Agreement": the service agreement for the Service concluded between the Company and a User, with these Terms and a separate agreement setting out the transaction conditions of the Service (the "pool Service Agreement") as its contractual conditions.
    2. "User": any and all corporations that have completed user registration for the Service.
    3. "User Information": the ID and password of a User registered for the Service.
    4. "Account": the account granted by the Company to a User upon registration for the Service.
    5. "Service": the resource circulation system "pool" operated by the Company. The resource circulation system "pool" is a system that records a User's resource discharge volumes and resource circulation status using the account provided to the User, and displays that status via the Company's platform and the dedicated pool device provided to the User, thereby promoting more efficient resource circulation.
    6. "Site of Use": a business location that uses the Service. Each User holds one address or set of location data per Site of Use.
    7. "Dedicated Device": the dedicated pool device provided by the Company to a User.

Article 2(Application)

  1. These Terms apply to all Users of the Service. Users shall comply with these Terms when using the Service.
  2. Users shall review these Terms and use the Service only after agreeing to them.
  3. These Terms set out the conditions of use of the Service. All Users who have registered for the Service shall use the Service in accordance with these Terms and the conditions set out herein.
  4. The Agreement is formed between the Company and a User when the User agrees to these Terms and concludes a pool Service Agreement.

Article 3(Service Area)

  1. The Service is provided in Japan and in any other countries or regions designated by the Company.

Article 4(User Registration)

  1. Anyone wishing to become a User of the Service shall review these Terms, agree to their contents, and conclude a pool Service Agreement. Upon concluding the pool Service Agreement, the User shall specify the account category and the number of Sites of Use.
  2. User registration is completed upon conclusion of the pool Service Agreement described in the preceding paragraph. Upon completion of user registration, the Company issues an Account (granting a user ID and password).
  3. The Company may, at its reasonable discretion, refuse user registration.
  4. If any change occurs to the information registered under this Article, the User is obligated to promptly update the registered information.
  5. Users may not use, lend, transfer, sell, pledge, or otherwise dispose of their Account to any third party.

Article 5(Usage Fees)

  1. The usage fees for the Service are as set out in the pool Service Agreement.
  2. Users shall pay the usage fees for the Service by the method separately designated by the Company. Any fees associated with such payment shall be borne by the User.
  3. Usage fees once paid by a User will not be refunded, except in cases of the Company's willful misconduct or gross negligence.

Article 6(Adding Sites of Use)

  1. During the term of use of the Service, a User may apply to add Sites of Use by the method prescribed by the Company. To increase the account category or the number of Sites of Use, the User may do so by notifying the Company of the change at least one month before the desired change date.
  2. When a Site of Use is added, the Company will calculate the usage fee corresponding to the added number of Sites of Use based on the fee schedule under Article 5, Paragraph 1, and bill the User from the month following the month in which the addition is approved.

Article 7(Conditions for Providing the Service)

  1. When the Company suspends or modifies the Service for system upgrades, maintenance, or similar reasons, it shall notify Users in advance. However, in cases of emergency or other unavoidable circumstances, the Company may suspend or modify the Service without prior notice to Users.
  2. The Company shall bear no liability whatsoever for any damage incurred by Users as a result of a suspension or modification of the Service under the preceding paragraph.

Article 8(Discontinuation of the Service)

  1. If the Company reasonably determines that it should terminate provision of the Service, it may terminate the Service by notifying Users at least 30 days before the termination date.
  2. The Company shall bear no liability whatsoever for any damage incurred by Users as a result of the termination of the Service under the preceding paragraph, except in cases of the Company's willful misconduct or gross negligence.

Article 9(Provision of the Service)

  1. The Company shall provide the Service in accordance with these Terms and the usage methods separately prescribed by the Company.
  2. The Company does not guarantee that use of the Service will achieve any particular result or purpose.
  3. The Company provides Users with the following functions within the Service.
    1. A function to manage weight data aggregated by period, tenant, and item within the Service, based on the discharge data recorded in the Service's database (the "Discharge Data").
    2. A function to manage the environmental load (carbon dioxide emissions) by waste item, waste weight, and processing/recycling method within the Service, based on the Discharge Data.
    3. A function to manage the registration, transfer, processing, and shipment of resources across each stakeholder in the supply chain (discharge, collection, intermediate processing, recycling, product manufacturing, and procurement).
  4. The Company shall, in principle, retain a User's resource data within the Service's system for five years.

Article 10(Use of the Service)

  1. Users shall use the Service in accordance with these Terms and the usage methods separately prescribed by the Company.

Article 11(Management of User Information and Dedicated Devices)

  1. Users shall, at their own cost and responsibility, arrange all equipment, communication means, transportation means, and any other operating environment necessary to receive the Service. All electricity charges, communication costs, and any other expenses arising from use of the Service shall be borne by the User.
  2. Users bear full responsibility for managing their own User Information and Dedicated Devices. The Company shall bear no liability whatsoever for any damage incurred by a User arising from improper management, operational error, or use by a third party of User Information or a Dedicated Device, except in cases of the Company's willful misconduct or gross negligence.
  3. If a User becomes aware that its User Information or Dedicated Device may be used by a third party, the User shall immediately notify the Company and, if instructed by the Company, follow such instructions.

Article 12(Publication of Case Studies)

  1. Users grant the Company permission to use the User's name, abbreviation, and logo (the "User Names, etc.") for the purpose of advertising the Service.
  2. Upon instruction from a User, the Company will cease use of the User Names, etc. without delay.

Article 13(Prohibited Acts)

  1. The Company prohibits the following acts in connection with a User's use of the Service.
    1. Acts that violate these Terms.
    2. Acts that violate laws, regulations, or ordinances.
    3. Using the Service by impersonating a third party, including through the use of another User's account.
    4. Altering information provided through the Service, or disclosing to outside parties information that differs from the information provided through the Service.
    5. Providing information that is contrary to fact or that may be contrary to fact.
    6. Acts that cause, or may cause, disadvantage or damage to the Company or a third party.
    7. Acts that unjustly harm, or may harm, the honor, rights, or credit of others.
    8. Acts that infringe, or may infringe, the proprietary or moral rights of the Company, including intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyrights, and portrait rights.
    9. Acts that are contrary, or may be contrary, to public order and morals, or providing to other Users or third parties information that may be contrary to public order and morals.
    10. Criminal acts, acts linked to or that promote criminal acts, or acts that may do so; acts related to criminal proceeds; and acts related to, or suspected of being related to, the financing of terrorism.
    11. Unauthorized access to the Company's systems; alteration of the program code of the Company's systems, of location data, or of the specifications of a Dedicated Device; other cheating using the application; distribution of computer viruses; and other acts that interfere, or may interfere, with the proper operation of the Service.
    12. Reproducing, modifying, reverse engineering, decompiling, or disassembling the Company's systems, or otherwise infringing the Company's intellectual property rights.
    13. Acts that damage, or may damage, the credit of the Company or the Service.
    14. Any other act that the Company, on reasonable grounds, reasonably determines to be inappropriate.

Article 14(Disclaimer of Warranties)

  1. The Company provides the Service on an "as is" basis and makes no warranty whatsoever as to the completeness, accuracy, validity, fitness for a particular purpose, or any other quality of the contents of the Service.
  2. The Company does not warrant that the Service will be free from interruption, suspension, error, or other defects.
  3. Users shall handle, at their own responsibility, all acts performed using the Service and the results thereof.
  4. The Company does not warrant that the Service will fulfill any obligations under the Waste Management Act or other laws and regulations applicable to a User. Users shall fulfill such legal obligations at their own responsibility.

Article 15(Inquiry Response)

  1. The Company's inquiry reception hours are from 9:00 to 18:00 on weekdays, excluding Saturdays, Sundays, national holidays, and other holidays designated by the Company.
  2. The Company will respond within three business days to inquiries from Users received during the reception hours in the preceding paragraph.
  3. The inquiry response described in the preceding paragraph may be changed without prior notice.

Article 16(Term of the Agreement)

  1. The term of the Agreement runs from the start date set out in the pool Service Agreement to the last day (March 31) of the fiscal year in which that start date falls. Unless either the User or the Company gives notice at least three months before the expiration date of the term, the Agreement shall be automatically renewed for one year from the day following the expiration date, and the same shall apply thereafter.

Article 17(Withdrawal)

  1. When the Agreement ends, such as upon expiration of its term, the User shall be deemed to have withdrawn.
  2. A User who has withdrawn may not use the Service in any way.

Article 18(Intellectual Property Rights, etc.)

  1. Even where a User inputs information within the Service, all copyrights that may arise with respect to part or all of the input content (including the rights set out in Articles 27 and 28 of the Copyright Act), regardless of whether the content qualifies as a copyrighted work, shall be assigned to the Company. Furthermore, Users shall not exercise any moral rights of authorship against the Company or any person designated by the Company.
  2. Users may not reproduce, reprint, publicly transmit, modify, or otherwise use, as defined in the Copyright Act, any information or content provided in the Service (collectively, the "Company Content"), by any method or in any form.
  3. All copyrights, patent rights, utility model rights, trademark rights, design rights, and any other intellectual property rights, as well as the rights to register such rights (collectively, "Intellectual Property Rights"), relating to the Company Content belong to the Company and do not belong to Users. Regardless of the existence of Intellectual Property Rights, Users may not reproduce, distribute, reprint, forward, publicly transmit, modify, adapt, or otherwise engage in secondary use of the Company Content.
  4. If a problem arises due to a User's violation of the provisions of this Article, the User is obligated to resolve the problem at its own cost and responsibility and to take appropriate measures so as not to cause any disadvantage, burden, damage, or loss to the Company.

Article 19(Resource Data)

  1. The resource data registered by a User using the Service (the "Resource Data") may be used jointly by the Company and the User.
  2. The Company may analyze the Resource Data and use it as aggregated data, and the User agrees to this in advance.
  3. The Company will not disclose or publish the Resource Data to third parties in a manner that identifies a User, but may disclose or publish it to third parties in a manner that does not identify a User, and the User agrees to this in advance.

Article 20(Termination)

  1. If a User violates the Agreement and fails to remedy the violation despite a demand allowing a reasonable period, the Company may terminate the Agreement and force withdrawal without any notice or the like.
  2. The Company may terminate the Agreement and force withdrawal without any notice or the like if a User falls under any of the following items.
    1. Where the registered information contains false information.
    2. Where the User has previously been subject to a forced withdrawal by the Company.
    3. Where the User's legal personality has ceased to exist due to death, bankruptcy, or the like.
    4. Where a minor uses the Service without the consent of a legal representative.
    5. Where an adult ward, a person under curatorship, or a person under assistance uses the Service without the consent of a guardian, curator, or assistant, etc.
    6. Where the User does not respond in good faith to a request from the Company.
    7. Any other case that the Company, on reasonable grounds, reasonably determines to be inappropriate.
  3. In addition to the cases listed in the items of the preceding paragraph, the Company may terminate the Agreement prior to its term and force withdrawal by notifying the User at least 30 days in advance.
  4. A User who has withdrawn as a result of termination under this Article or the provisions of the Agreement shall lose the benefit of time upon withdrawal and shall immediately perform all obligations owed to the Company. Furthermore, even if a User incurs damage as a result of termination under Paragraphs 1 through 3, the Company shall bear no liability whatsoever.

Article 21(Disclaimer)

  1. The Company shall bear no liability whatsoever even if a User incurs damage arising from any of the following causes.
    1. Where the User failed to update its registered information.
    2. Where the User violated these Terms.
    3. Where the User violated Japanese or foreign laws or regulations in connection with use of the Service.
    4. Where User Information was stolen or the like through unforeseen unauthorized access or similar acts.
    5. Where nonperformance of all or part of the Agreement, or degradation of the quality of the Service, occurs due to natural disaster, geological change, fire, strike, trade embargo, war, civil unrest, epidemic of infectious disease, failure, congestion, or suspension of public or wireless networks, or other force majeure (hereinafter "force majeure").
  2. In the event of force majeure, a serious accident, or another emergency, the Company shall endeavor to notify Users to that effect as promptly as possible.

Article 22(Liability for Damages)

  1. If a User causes damage to the Company in connection with a violation of these Terms or use of the Service, the User shall compensate the Company for the damage incurred (including but not limited to indirect damages, lost profits, and attorneys' fees).
  2. Even if a User incurs damage or loss in connection with the Agreement, the Company shall bear no liability whatsoever, regardless of the cause of the claim. However, where the Company causes damage to a User through willful misconduct or gross negligence, the Company shall be liable to compensate for such damage only within the scope of ordinary damages actually and directly incurred (excluding special damages, lost profits, indirect damages, and attorneys' fees), and up to a maximum of three months of the monthly contract fee.

Article 23(Confidentiality)

  1. The Company and Users shall strictly and appropriately manage the other party's confidential information learned in connection with the provision or use of the Service (including but not limited to know-how relating to the Service, information relating to the Company's systems, and any and all technical or business confidential information), and shall not disclose, provide, or leak it to any third party, or use it for any purpose other than the provision or use of the Service, without the prior written consent of the other party.
  2. The following information does not constitute confidential information.
    1. Information already possessed at the time of disclosure.
    2. Information already publicly known at the time of disclosure.
    3. Information that becomes publicly known after disclosure through no fault of the receiving party.
    4. Information lawfully acquired from a third party after disclosure.
    5. Information independently developed or created without reference to the disclosed confidential information.
  3. Upon instruction from the other party or upon termination of the Agreement, the Company and Users shall, in accordance with the other party's instructions, promptly return or destroy the confidential information after restoring it to its original state, and shall not use it thereafter.
  4. The Company may use a User's confidential information for the purpose of providing the Service.
  5. Notwithstanding Paragraph 1, where the Company is obligated to disclose confidential information by laws or regulations, or by the rules, judgments, orders, or instructions of a court, administrative agency, or public authority with regulatory power, the Company may disclose the confidential information to the minimum extent necessary.

Article 24(Exclusion of Anti-Social Forces)

  1. The Company and Users represent that they do not currently fall under any of the following categories: organized crime groups, members of organized crime groups, persons for whom five years have not passed since ceasing to be members of organized crime groups, quasi-members of organized crime groups, companies related to organized crime groups, corporate racketeers, groups engaging in criminal activities under the guise of social movements, crime groups specialized in intellectual crimes, or others equivalent thereto (collectively, "Organized Crime Group Members, etc."), and that they do not fall under any of the following items, and they warrant that they will not fall under any of these in the future.
    1. Having a relationship in which Organized Crime Group Members, etc. are recognized to control management.
    2. Having a relationship in which Organized Crime Group Members, etc. are recognized to be substantially involved in management.
    3. Having a relationship in which Organized Crime Group Members, etc. are recognized to be improperly used, such as for the purpose of seeking unfair profit for oneself, one's company, or a third party, or for the purpose of causing damage to a third party.
    4. Having a relationship in which one is recognized to be involved in providing funds or the like to, or granting favors to, Organized Crime Group Members, etc.
    5. Having a relationship in which an officer or a person substantially involved in management has a socially reprehensible relationship with Organized Crime Group Members, etc.
  2. The Company and Users covenant that they will not, whether by themselves or through a third party, engage in any of the following acts.
    1. Violent demands.
    2. Unjust demands exceeding legal responsibility.
    3. Threatening conduct or the use of violence in connection with a transaction.
    4. Damaging the other party's credit or obstructing the other party's business by spreading rumors, using deception, or using force.
    5. Any other act equivalent to those in the preceding items.
  3. If it is discovered that the other party is an Organized Crime Group Member, etc. or falls under any item of Paragraph 1, or has committed an act falling under any item of the preceding paragraph, or has made a false declaration regarding the representations and warranties under Paragraph 1, the Company and Users may terminate the Agreement without any demand to the other party, regardless of whether the cause is attributable to themselves.
  4. If a User or the Company terminates the Agreement under the preceding paragraph, they shall bear no liability to compensate for any damage incurred by the other party.

Article 25(Assignment of Status, etc.)

  1. Users may not assign, transfer, pledge, or otherwise dispose of, to any third party, all or part of their contractual status under the Agreement or their rights or obligations under these Terms, without the prior written consent of the Company.

Article 26(Handling of Personal Information)

  1. The handling of personal information in the Service shall be carried out, to the extent necessary to provide the Service, in accordance with the Company's privacy policy and other rules separately established by the Company regarding personal information.

Article 27(Severability)

  1. Even if part of the provisions of these Terms is judged invalid under laws or regulations, the other provisions of these Terms shall remain valid.
  2. Even if part of the provisions of these Terms becomes invalid or is rescinded in relation to a particular User, these Terms shall remain valid in relation to other Users.

Article 28(Handling of Violations)

  1. If a User discovers an act that violates these Terms, please report it to the Company.
  2. Users may not object to the Company's handling of acts that violate these Terms.

Article 29(Surviving Provisions)

  1. Even after termination of the Agreement, the provisions of Article 5, Paragraph 3; Article 6, Paragraph 2; Article 8, Paragraph 2; Article 11, Paragraph 2; Article 13; Article 16, Paragraph 3; Article 17; Article 19, Paragraph 5; Articles 20 through 26; this Article; Article 30; and Article 31 shall remain valid and in effect.

Article 30(Changes to These Terms)

  1. The Company may change these Terms from time to time in any of the following cases. When these Terms are changed, the revised Terms shall apply to the Agreement.
    1. Where the change to these Terms conforms to the general interests of Users.
    2. Where the change to these Terms does not contradict the purpose of the contract and is reasonable in light of the necessity of the change, the appropriateness of the content after the change, and other circumstances relating to the change.
    3. In addition to the preceding items, where the Company reasonably determines that a change to these Terms is reasonably necessary.
  2. When the Company changes these Terms, it shall set the effective date of the revised Terms and, at least two weeks before that effective date, make known to Users the content of the revised Terms and the effective date by notice to Users, email, display within the Service, or any other method prescribed by the Company.
  3. Notwithstanding the preceding two paragraphs, if a User uses the Service after the Company has made known the change to these Terms, or does not carry out cancellation procedures within a period separately prescribed by the Company, that User shall be deemed to have agreed to the revised Terms.

Article 31(Governing Law)

  1. The laws of Japan apply to all matters relating to these Terms.

Article 32(Agreed Jurisdiction)

  1. The Tokyo District Court shall be the exclusive agreed court of first instance for any and all litigation between the Company and a User.

Supplementary Provisions