Arrow button to navigate back

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs the access and permitted use of software-based systems that allow the wireless monitoring of Komatsu machines, as described on komatsuforest.com from time to time (hereinafter referred to as “Smart Forestry” or the “Services”).

The Services are globally managed and maintained by Komatsu Forest AB, a Swedish corporation with registration number 556079-5949, having its principal place of business in Umeå, Sweden (“Komatsu Forest”). Komatsu Forest is a wholly-owned subsidiary of Komatsu Limited, a Japanese corporation having its principal place of business at no. 3-6, Akasaka 2-Chome, Minato-Ku, Tokyo, Japan.

  1. Purpose and Scope

    The purpose of this AUP is to set out a code of conduct and a use policy for all machine operators and other individuals using the Service (an “Authorized User(s)”), designated by a legal entity (“End-Customer”) having entered into a separate agreement regarding the Service with Komatsu Forest.

    Authorized Users will use the Service on behalf of, and as a duly appointed representative of, the End-Customer. To the maximum extent permitted under applicable mandatory law, Komatsu Forest will not enter into any contractual relationship with Authorized Users, and Komatsu Forest will not assume any obligations or liability in relation to Authorized Users.

    Access to the Service requires Authorized Users to create and register a user account (“Account”) using the credentials provided by Komatsu Forest and/or End-Customer. When registering, each Authorized User undertakes to provide accurate information and shall keep such information at all times fully updated and relevant. E-mail addresses and other contact information may be used by Komatsu Forest for contacting Authorized Users in connection with the provision of the Service. The Authorized User will ensure that he/she receives e-mails that are sent to the e-mail address provided by Authorized Users.

    On first access, Authorized Users shall promptly change the password received in the course of the registration (if applicable) into an individual password that is known only to him/her and change such password on a regular basis.

    The access credentials and login details are personal and may only be used by the designated Authorized User. Each Authorized User is required to carefully store his/her access credentials, not share them with anyone and protect them from unauthorized access.

    Authorized Users must properly log out of the Account after each use.

  2. Permitted Use of the Service
    • In using the Service, an Authorized User shall:
      • duly use the Service only as instructed by End-Customer, and always on behalf of End-Customer;
      • before accessing the Account and the Service, during use and when transferring data, take all reasonable precautions against security attacks and to prevent viruses, trojan horses or other programs or malware that may damage software;
      • ensure that the data and information which is transferred or otherwise submitted to the Service is not protected by an obligation of confidentiality towards a third party, does not constitute trade secrets, is not protected by intellectual property rights of a third party and that the Authorized User is otherwise entitled to possess and submit such data and information to the Service;
      • at all times comply with all applicable national and international laws, regulations and ordinances;
      • notify Komatsu Forest promptly about any possible unauthorized use of his/her access credentials and/or login details, misuse or theft of the Account and any security risk (e.g. vulnerability) related to the Account or the Service, and of any possible or actual violation of this AUP;
      • inform Komatsu Forest promptly of any errors in the functionality of the Account, the Service or the information provided therein; and
      • notify Komatsu Forest promptly if the Authorized User erroneously gains access to data that is obviously not intended to be accessed by the relevant Authorized User.
  3. Restricted Use of the Service
    • In using the Service, an Authorized User shall not:
      • access or use the Service for any purpose except for End-Customer’s internal business purposes, and in particular not for the purpose of building a competitive product or service or copying its features or user interface nor in the operation of a service bureau, outsourcing or time-sharing service;
      • allow the Service to access, directly or indirectly, in any manner whatsoever, any End-Customer or third-party database except for such database access which is provided or granted by Komatsu Forest as part of the Service, if applicable;
      • breach or defeat system or network security measures such as authentication, authorization, confidentiality, intrusion detection or monitoring or similar, or otherwise use the Service in a way that could damage, disable, overburden, impair or compromise Komatsu Forest's systems, infrastructure, network or security;
      • copy, sell, resell, license, transfer, assign, sub-license, rent, lease, or otherwise make the Service available, in whole or in part, to any third party;
      • translate, disassemble, decompile, reverse-engineer or otherwise modify or attempt to discover the source code of the Service;
      • transmit any content containing viruses, trojan horses or other programs or malware that may damage software;
      • submit any materials which infringe applicable laws intellectual property rights, copyrights or any other proprietary rights of Komatsu Forest (including, without limitation, the Service) or any other party, or in any other manner make any use of the Service that violates any applicable local, state, national, international or foreign law, treaty, or regulation;
      • change or remove any notices and notations from the Service that refer to intellectual property rights or brand names;
      • gain access to the Account or the Service by any means other than the Account or other permitted means and/or disclose user authentication methods or circumvent security of the Account, the Service or any host, network, or account related thereto;

    To the extent an Authorized User uploads any suggestions, recommendations, feature requests or other feedback onto the Service, Komatsu Forest may exploit them free of charge to develop, improve and sell any of its products and services.

  4. Compliance and Suspension

    Each Authorized User acknowledges that Komatsu Forest or a third party on Komatsu Forest’s behalf may monitor the Authorized User’s access to and use of the Account and the Service for Komatsu Forest’s internal business purposes, e.g. to the extent required to ensure compliance with this AUP, and to develop and improve Komatsu Forest’s products and services.

    Komatsu Forest may, at any time, immediately suspend (temporarily or permanently) an Authorized User’s access to and use of the Account and the Service if, for example, Komatsu Forest suspects that this AUP has been breached, that Authorized User has violated any other applicable use policy for the Account or the Service, or for any other objectively serious reason. Any termination or suspension may be undertaken with or without notice to affected Authorized Users.

    Each Authorized User is responsible for violations of this AUP by anyone using the Service with its Account, including unauthorized use due to failure to use reasonable security precautions to protect login details to the Account. An Authorized User’s use of the Service to assist another person in an activity that would violate this AUP if performed by the Authorized User is a violation of the AUP.

  5. Confidentiality and Data Processing

    The Authorized User may gain access to confidential information through the Account. Each Authorized User undertakes to observe and comply with any and all confidentiality notices or restrictions provided in the Service. Confidential information may only be used for the purpose of access to and use of the Account and the Service and always in accordance with this AUP and Komatsu Forest’s instructions.

    Each Authorized User is required to immediately inform Komatsu Forest if the Authorized User becomes aware of an imminent breach of Komatsu Forest's or any of its partners’ confidentiality interests or that such a breach has taken place, or upon existence of a suspicion.

    Personal data about Authorized Users will be processed in accordance with General Data Protection Regulation (EU) (2016/679) and Komatsu Forest’s privacy policy, as amended and notified to Authorized Users from time to time. The privacy policy is available at komatsuforest.com/legal/smartforestry. Please be aware that the End-Customer may process personal data for additional purposes determined by the End-Customer, as described in separate privacy notices issued by the End-Customer.

  6. No Warranty and Liability

    THE SERVICE IS A STANDARD SERVICE OFFERING AND IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". KOMATSU FOREST MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE SERVICE. IN ADDITION, KOMATSU FOREST HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CUSTOM, TRADE, SYSTEM INTEGRATION AND FREEDOM FROM BUGS, COMPUTER VIRUS OR MALWARE.

    TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KOMATSU FOREST ASSUMES NO LIABILITY TOWARDS THE AUTHORIZED USER INCLUDING, WITHOUT LIMITATION, FOR DEFECTS OR ERRORS IN THE ACCOUNT OR THE SERVICE AND THE INFORMATION CONTAINED THEREIN, PARTICULARLY FOR THEIR ACCURACY, CORRECTNESS, FREEDOM OF PROPERTY RIGHTS AND COPYRIGHT OF THIRD PARTIES, COMPLETENESS AND/OR USABILITY AND NOTHING IN THIS AUP SHALL BE INTERPRETED AS AN UNDERTAKING OF ANY LIABILITY BY KOMATSU FOREST TOWARDS THE AUTHORIZED USER.

  7. General

    In the event any provision of this AUP is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

    Komatsu Forest reserves the right to modify this AUP from time-to-time, in its sole discretion. All changes to this AUP will become effective upon posting of a revised copy of the AUP on Komatsu Forest’s website.