Beta Evaluation Version Terms & Conditions

These Beta Evaluation Version Terms & Conditions provide for the terms of use for the still-in-development "Easy Predictive Analytics" service (hereinafter referred to as the "Service"), which is provided by Sony Group Corporation (hereinafter referred to as "Sony") as an evaluation version , and apply to you (as an individual) or, where applicable, the legal entity that you are associated with using the Service (hereinafter referred to as "Customer" or "you").

If Sony separately stipulates other terms concerning the Service (including the terms of use that additionally apply to specific parts of the Service as well as the rules and similar guidelines for administration notified on the Service, hereinafter referred to as the "Individual Rules"), Customers shall use the Service pursuant to the Individual Rules as well. If there is any conflict between the content of the Individual Rules or any description on the Service's website or other relevant locations and the content of these Terms & Conditions, these Terms & Conditions shall prevail (hereinafter the Individual Rules and these Terms and Conditions are collectively referred to as the "Agreement", unless reference is made individually to the Individual Rules).

  1. About the Service
    1. The Service is browser-based software for predictive analytics intended for business use only. The associated data, documents, and other materials provided by Sony as well as updated and upgraded versions thereof constitute part of the Service.
    2. You need internet access to use the Service. It is your responsibility, among others, to facilitate the internet access, cover any associated communication fees, and ensure the security of your connection, all at your own expense.
    3. The Service is not intended to be used for the purpose of backup or storage of any data. Sony shall not be held liable for (i) loss, change or similar issues related to the data on or associated with the Service, or (ii) your inability to access, use, upload, or download any of the data on or associated with the Service (for clarity, the events contemplated in (i) and (ii) above include those resulting from deletion of user accounts or change, discontinuation, or termination of the Service),
    4. Sony may, at its discretion, provide a free trial version of the Service. The duration of availability and other details regarding the free trial version will be provided separately. The provisions of Section 6 do not apply to the free trial version.
  2. User Account
    1. Any person or legal entity wishing to use the Service (hereinafter referred to as “Applicant” in this Section) shall accurately provide Sony with the required information, as specified by Sony, and create a user account for using the Service (hereinafter referred to as the "Account"). Applicant may create Accounts using user accounts for other services (including services provided by third parties) which are separately specified by Sony. However, Sony reserves the right to refuse the creation of an Account or take other measures such as deletion of an Account even after an Account has been created, if any of the following circumstances is reasonably suspected, or in other cases where it is reasonably determined that provision of the Service is impossible or inappropriate:
      1. if Applicant has provided Sony with false information, for example, by using other people's names or making false statements; or
      2. if Applicant has committed an act of violation of the Agreement in the past.
    2. Should the information you provided to Sony concerning the use of the Service change, you shall update it without delay by following procedures prescribed by Sony.
    3. You shall not use the Account of another Customer to use the Service, and you shall not have a third party use your Account.
    4. You shall properly manage the information concerning your Account, including your ID and password. You are solely responsible for any of the actions taken by using the Service through your Account as well as for the consequences thereof.
    5. You may withdraw from the Service (delete the Account) at any time by following the procedures prescribed by Sony. Upon withdrawal, you will lose all of the rights hereunder. However, with regard to the matters pertaining to your use of the Service that occurred before the withdrawal, the Agreement shall remain applicable even after your withdrawal.
  3. Privacy
    1. The personal information concerning Customers which Sony obtains in connection with the Service is handled pursuant to the Privacy Policy for the Service. Due to regulatory restrictions, the Service is not available to entities or individuals in some areas as indicated in the Privacy Policy.
  4. Prohibited Actions
    1. When using the Service, you shall not attempt or perform any of the following actions, and you shall not cooperate with a third party, or encourage a third party, to take such actions:
      1. infringement of Sony's or a third party's rights or legally protected interests (including intellectual property rights, trade secrets, honor, privacy, portrait rights, publicity rights, and ownership);
      2. violation of laws and regulations, court decisions, or any other legally binding dispositions mandated by government agencies or regulatory bodies, or violation of public order and morals;
      3. use of the Service for purposes that diverge from predictive analysis of data provided as a function of the Service, such as generating revenue or profit (except when specifically permitted by Sony);
      4. downloading, distributing, making available for public transmission, altering, operating, reverse engineering, decompiling, disassembling, deleting or performing similar actions to all or part of the Service beyond a scope explicitly permitted by Sony through the Service and related instructions (including actions that invalidate or circumvent functions such as content protection and access control, as well as intentional exploitation of any defects within the Service);
      5. incorporating or executing viruses or other malicious programs, files or data on information terminals, network devices, systems and other such technology that are controlled by Sony or a third party with the intent or effect of inhibiting their proper functioning, interfering with or controlling their operation, or viewing, acquiring, or destroying data stored therein;
      6. interfering with the normal and smooth operation of the Service by imposing excessive load on the server or other components of the Service, making excessive requests beyond the scope of legitimate exercise of the rights hereunder, or engaging in any other similar activities;
      7. other actions in violation of the Agreement; and
      8. other actions which Sony reasonably deems inappropriate.
    2. Sony reserves the right to suspend or delete your Account and take other measures, if Sony reasonably determines that you are in violation of the Agreement.
    3. Except when required by laws and regulations, Sony has no duty to monitor your online activities on the Service. However, for legitimate purposes such as to ensure compliance with laws and regulations as well as the Agreement, Sony reserves the right to view or record your online activities on the Service, and view, disclose, and otherwise handle such records within a scope allowed by laws and regulations.
  5. Intellectual Property Rights, User Contents, Feedback, Etc.
    1. Intellectual property rights and other rights pertaining to the Service belong to Sony or to the original rights holder(s) who granted licenses to Sony (hereinafter referred to as the "Original Rights Holder").
    2. The Service may include software or other components whose terms of use, as stipulated by the Original Rights Holder, are different from the Agreement. If Sony gives notice of such terms of use on the Service, you shall use the Service pursuant to such terms of use as well.
    3. You may post, transmit, or otherwise deliver your contents in connection with your use of the Service ("Posted Content"). Further, specific part of the Service contains features to provide you with images, texts, and other contents or information based on the Posted Content and/or any other instruction you provided on such Services (hereinafter collectively referred to as "Produced Content", and along with the Posted Content, hereinafter called “User Contents”).
    4. Any rights in and to the User Contents are not transferred to Sony hereunder and reserved to you. To the extent that Sony makes available the Produced Content to you as part of the Services and your use of the Services complies with the Terms and Conditions, you may freely utilize the Produced Contents; provided however that you shall be solely responsible for confirming that the Produced Content and your use thereof do not infringe any third party's rights beforehand.
    5. Sony may use, or have its third party contractors use, the User Contents solely for the purpose to operate and provide the Service. In addition, Sony may use, or have its third party contractors use, your usage history and log data of the Service according to the Privacy Policy.
    6. ‍If you provide us with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to Sony all rights to such Feedback and agree that Sony shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Sony will treat any Feedback you provide us with as non-confidential and non-proprietary. You agree that you will not submit to us any Feedback or other information or ideas that you consider to be or are confidential or proprietary and that you do not have the required permission and consent to submit.
  6. Payment
    1. Payment of the fee shall be made to the reseller designated by Sony (hereinafter referred to as the “Reseller”) on a monthly subscription basis. Customer will be required to agree to the Reseller's terms and conditions prior to making a purchase. The fees, payment method, and other details will be specified by the Reseller.
    2. Any matters related to the payment (including but not limited to refund, tax, your credit card information etc.) shall be resolved between Customer and the Reseller. Sony has no obligation to collect, refund or otherwise resolve any disputes related to the payment of the fees.
  7. Term and Termination of the Agreement
    1. The Agreement shall become effective either upon your acceptance of the Agreement or upon your use of the Service, whichever comes first and, unless sooner terminated as provided in the Agreement, shall continue in full force and effect during the period in which the subscription is paid and will be automatically renewed on a monthly basis, unless otherwise notified by Sony in accordance with Section 8 or the subscription is cancelled by You. The term will be specified on the Reseller's website.
    2. Sony may immediately terminate the Agreement without prior notice if you breach any of following items:
      1. if you breach any of the item set forth in 2-1;
      2. if you breach any of the item set forth in 4-1;
      3. if you have violated the Agreement, or if Sony determines in its discretion that there is a risk of such violation; or
      4. if a petition for bankruptcy proceeding, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation has been filed or otherwise your entity ceases to exist.
    3. In the event that the Agreement terminates, Sony may delete your Account, User Contents, and any other information you have provided to Sony.
  8. Change, Suspension, Termination of the Service
    1. Sony reserves the right to change or terminate the Service at any time in whole or in part at its discretion for any reason. The Service is a Beta version that may or may not be continued or updated after a limited sales period. Such change may necessitate updates to the required (operating) environment as a precondition for continued use of the Service. You are solely responsible for any consequences resulting from your failure to use the latest version of such environment.
    2. Sony may suspend the provision of the Service in whole or in part for a period of time it deems necessary if any of the following conditions applies:
      1. if the provision of a third party's service (including telecommunications services and cloud services) that is associated with the provision of the Service is suspended or compromised;
      2. if suspension of all or a part of the Service is required in order to carry out maintenance or inspection of the system that is necessary for the provision of the Service, or to address malfunctions, defects, and other troubles;
      3. if provision of the Service is impacted due to a blackout, act of providence, labor dispute, or any other event of force majeure; or
      4. if Sony otherwise determines that suspension is advisable.
    3. Should there be any change, suspension, or termination of all or part of the Service that significantly impact you, Sony will use reasonable efforts provide you with prior notification of such change, suspension, or termination except in case of emergency or other unavoidable circumstances.
    4. Regardless of the above, Sony shall not be held liable for any loss or damage or other consequences which you may suffer in connection with any change, suspension, or termination of the Service
  9. Indemnification and Release
    1. You agree to defend, indemnify and hold harmless Sony; its affiliates; and its and their respective officers, employees, directors, service providers, licensors and agents (collectively, the “Sony Entities”) from any and all losses, damages and expenses, including any reasonable attorneys' fees, rights, claims, actions of any kind and injuries (including death) arising out of or relating to your use of the Service, your own applications, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Sony will provide you with notice of any such claim, suit or proceeding. Sony reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and you agree to cooperate with any reasonable requests by Sony for its defense of such matter. You may not settle or compromise any claim against the Sony Entities without Sony's prior written consent.
    2. You expressly agree to assume all risks in connection with your access and use of the Service. You further expressly waive and release the Sony Entities from any and all liability, claims, causes of action, damages, rights, obligations, expenses or judgments of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty, or equity arising from or in any way relating to your access to or use of the Service.
  10. Disclaimer
    1. Sony makes no express or implied representations or warranties for the accuracy, safety, or any other matters whatsoever concerning the content or any other information of third parties' websites and services accessible through the links on the Service. Sony shall not be held liable for the loss or damage or other consequences you may suffer from the use of said websites or services, unless attributable to Sony's failure to perform its contractual obligation or tortious act.
    2. Sony makes no express or implied representations or warranties for the quality of the Service or any other matters whatsoever concerning the Service (including being free from bugs, security flaws and other similar issues, and non-infringement of third parties' rights). The Service is provided as a Beta version for evaluation and is not intended to be used for purposes where failure of the Service might create damages to users.
    3. The Service is provided to you by Sony pursuant to the Agreement. The Original Rights Holder and the Reseller from which you purchased the Service shall not be held liable to you unless specified otherwise by laws and regulations or under the terms and conditions set forth by the Reseller.
  11. Limitation of Liability
    1. SONY AND EACH OF ITS THIRD PARTY LICENSORS (INCLUDING, BUT NOT LIMITED TO, SONY'S AFFILIATES) AND THEIR RESPECTIVE AFFILIATES (for purposes of this Section, collectively referred to as “SONY”) SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY RELATED TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SERVICE OR ANY ASSOCIATED HARDWARE, DOWN TIME AND USER'S TIME, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN ANY CASE, EACH AND ALL OF THEIR AGGREGATE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SERVICE.
  12. Assignment, Etc. of Contractual Status under the Agreement
    1. You shall not assign, transfer or grant security interests in your contractual status or your rights or obligations hereunder to any third party, in whole or in part.
    2. Upon assigning or transferring to a third party the business pertaining to the Service, Sony may assign and transfer its contractual status, rights and obligations hereunder and the information concerning Customers, and you hereby give your consent thereto.
  13. Change to the Agreement
    1. Sony reserves the right to modify the Agreement, as needed, to the extent permitted by laws and regulations. Sony shall provide a prior notice period which Sony determines as reasonable in light of factors such as the content of the changes, before the changes become effective (unless the changes conform to the general interest of Customers, in which case Sony may set no period for prior notice), and shall inform Customers of the updated Agreement via the Service's website.
  14. Contact Information
    1. If you have questions regarding the Agreement, contact Sony at the contact information below. Sony may use its prescribed methods to verify your identity as our Customer. Except as required by laws and regulations, Sony may respond to or otherwise handle your question in a manner which Sony determines as appropriate at its reasonable discretion.
      Contact Information
      Easy Predictive Analytics inquiry form
  15. Governing Law and Jurisdiction
    1. The Agreement shall be governed by the laws of Japan. You and Sony hereby agree to submit to the exclusive jurisdiction of the Tokyo District Court, Japan, in the first instance, with respect to any and all disputes arising out of or in connection with the Service.
  16. Other Matters
    1. Announcements, notices, and other forms of communication concerning the Service from Sony to you will be made by being posted on the Service's website, or by other means deemed appropriate at Sony's discretion. Sony shall not be held liable for the loss or damage or other consequences resulting from non-arrival, delay or similar issues pertaining to our communications to you
    2. If any part of the Agreement is held invalid or unenforceable, the rest of the Agreement shall remain in effect without being influenced by said part.

Date of Last Update: December 23rd, 2024