Term of Service

ThermalOne Term of Service

1. The purpose of these Terms is to set out the terms and conditions governing the licence granted by Kyushu University (hereinafter referred to as ‘Kyushu University’) for the use of the building thermal environment simulation software ‘ThermalOne (Rhino version)’ (hereinafter referred to as ‘ThermalOne’).
2. Kyushu University shall grant permission to use ThermalOne to persons wishing to use it (hereinafter referred to as “Users”) in accordance with the provisions of these Terms and Conditions, and Users shall use ThermalOne in accordance with these Terms and Conditions and the conditions stipulated by Kyushu University.
3. The User shall, having accepted the terms of these Terms and Conditions, submit an application for the use of ThermalOne (hereinafter referred to as the “Application”) in the manner prescribed by Kyushu University; a contract granting permission to use ThermalOne shall be deemed to have been concluded when Kyushu University accepts the Application through the prescribed procedures.
4. Kyushu University may, after taking all relevant circumstances into comprehensive consideration, decline to accept an Application for Use, and shall not be liable in any way for such a decision.
5. The rights granted to the User shall be non-exclusive, non-transferable and non-sublicensable.
6. The copyright in ThermalOne belongs to Kyushu University. The User may use ThermalOne solely for the purposes of use set out below (hereinafter referred to as “the Purposes of Use”) and shall not use ThermalOne for any purpose other than the Purposes of Use, nor shall the User allow any third party to use it for such purposes.
   (1) Simulation of the thermal environment of buildings
   (2) Disclosure of the simulation results referred to in (1) to third parties
   (3) Any other purposes specifically authorised by Kyushu University
7. Unless prior consent has been obtained from Kyushu University, the User shall not do any of the following:
   (1) Use ThermalOne without completing the user registration procedure
   (2) Reproduce ThermalOne
   (3) Distribute ThermalOne
   (4) Modify or adapt ThermalOne
   (5) Analysing the structure, functions, processing methods, etc. of ThermalOne through tracing, debugging, disassembly, decompilation or other means, or attempting to obtain the source code of ThermalOne
   (6) Creating other copyrighted works using ThermalOne
   (7) Using ThermalOne and the output results generated by ThermalOne for AI training
   (8) Using ThermalOne by any means other than those permitted under these Terms and Conditions
8. The default settings and various physical property values used in ThermalOne are for reference only. Kyushu University makes no warranty whatsoever regarding the accuracy of the output results generated by ThermalOne and shall not be liable for any damages or other liabilities arising from any decisions or actions taken by the user based on such output results.
9. Users shall cooperate, to the extent reasonably possible, with surveys such as questionnaires conducted by Kyushu University for the purpose of improving ThermalOne or understanding the actual thermal environment of buildings.
10. Kyushu University shall use information obtained from users in connection with the use of ThermalOne (including personal information) for the following purposes, and may provide such information to third parties (including, but not limited to, Professor Akihito Ozaki of Kyushu University, who developed ThermalOne, and prospective business executives involved in the commercialisation of ThermalOne) to the extent necessary for those purposes.
    (1) Improvement of ThermalOne
    (2) Enquiries to Users for the purpose of improving ThermalOne
    (3) Provision of information regarding related products, including the paid version of ThermalOne
    (4) Other purposes related to these Terms and Conditions
11. Kyushu University may store analytical data obtained from users in connection with the use of ThermalOne (including, but not limited to, building physical design specification data, meteorological and regional context data, and HAM coupled analysis result data) in the ‘ThermalOne Building Environmental Performance Database’ (hereinafter ‘DMP’) and may use such data for the following purposes:
    (1) Calculation and improvement of the accuracy of building environmental performance scores
    (2) Statistical analysis of the performance of building materials and design methods, and research and development
    (3) Provision of anonymised aggregated data to third-party organisations (institutional investors, ESG rating agencies, building material manufacturers, etc.)
    (4) Provision of research data to academic journals and public institutions (limited to formats that do not identify individuals or projects)
    However, analysis data shall be stored in the DMP only after the following processing has been carried out:
    ・Completely sever any link to the customer’s account information (name, email address, organisation name, etc.)
    ・Delete or generalise unique information that could identify specific buildings or projects (building name, address, coordinates, etc.)
    ・Convert the data, following the above processing, into a format that does not constitute ‘personal information’ or ‘information related to an individual’ under the Personal Information Protection Act