Brother’s Intelligent Ink and Toner Auto-Fulfillment Service
Refresh
Brother User Terms

In order to facilitate Brother's Refresh Auto-Fulfillment Service to you ("Refresh Auto-Fulfillment Service"), Brother Industries, Ltd. ("Brother") will obtain certain information from your Brother printer, MFC and DCP products ("Products") that you register with Brother’s online system ("BOL") using our cloud service and embedded firmware ("Software").
The Software will detect the remaining ink and/or toner volume of the Brother cartridge that is inserted into your Products and sends such information to Brother through the internet connection. Brother will send such status data of your ink and/or toner cartridge to Brother International Corp. ("BIC"). Upon receipt of such data, BIC will be solely responsible for providing the Refresh Auto-Fulfillment Service to you pursuant to your service agreement with them.

By utilizing the Refresh Auto-Fulfillment Service and Software, you expressly agree to these Brother User Terms.


Article 1 - Software
  1. Brother owns all rights, titles and interests, such as copyrights in and to the Software and the data, statistics and any and all other information retrieved by the Software.
  2. Brother hereby grants you, free of charge, a non-exclusive and non-transferrable license to activate the Software in your Products and to use the same, provided that you shall bear any and all expenses incurred by you with respect to the communication connection required for collection of the information. Please do not reverse engineer, disassemble or decompile the Software.
  3. Brother reserves the right at its sole discretion, and with or without notice to you, to add or remove features or functions, or to provide programming fixes, enhancements, updates and upgrades to the Software.

Article 2 - Collection of the Information
Brother will collect the information with respect to Brother Products used by you in accordance with the following procedures:
  1. You will activate the Software using the Brother Online Connections Web Service. The Products must be connected to the internet. You are fully responsible, at your own expense, for obtaining the internet connection.
  2. After activation of the Software and participation in the Refresh Auto-Fulfillment Service, the following information with respect to Brother Products ("Information") will be automatically collected, and will be transmitted to Brother via the internet:
    1. data with respect to status of use of Brother Products, including but not limited to items such as print quantities, consumption of ink and/or toner, etc.;
    2. serial number of Brother Products; and/or
    3. data regarding machine performance (such as occurrence of error), etc.

Article 3 - Personal Data
  1. The Information provided by you may contain information ("Personal Data") which can identify you upon comparison with user information submitted by you to Brother during product registration or servicing.
  2. Brother shall be responsible for management of the Personal Data. The details of use and/or management of Personal Data shall be subject to the terms and conditions of Brother’s privacy policy http://www.brother.com/privacy/device/en/index.htm ("Site").
  3. The person responsible for management of the Personal Data shall be: Brother Industries Ltd. (Manager of Sales & Marketing Department).
  4. Any inquiry for the Personal Data shall be subject to the Site.

Article 4 - Management of Information
Brother shall manage and protect the Information provided by you with a reasonable degree of care at the Brother offices in Japan. Brother will share and transfer the Information to Brother International Corporation (a Brother U.S. subsidiary) to the extent necessary for the technical communication among Brother and such parties in order to enable or support your use of the Refresh Auto-Fulfillment Service.


Article 5 - Purpose of Use
Brother will use the Information provided by you and may contact you for the following purpose:
  1. Sending the status data of your ink and/or toner cartridge and other related data to the Refresh Auto-Fulfillment Service which you have authorized.
  2. Providing service for Brother Products and/or any of the services set forth herein.
  3. Analysis of Information for all types of research and development functions utilized by Brother.
  4. Direct-marketing communication to you.

Article 6 - No Warranty
BROTHER MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SOFTWARE, OR Refresh Auto-Fulfillment Service, INCLUDING BUT NOT LIMITED TO, WARRANTIES THAT THE INFORMATION IS FREE FROM ERRORS, THAT ANY PARTICULAR INFORMATION FITS YOUR PURPOSE, OR THAT USE OF THE INFORMATION INFRINGES ANY THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS AND/OR ANY OTHER RIGHTS.


Article 7 - Limited of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL BROTHER BE LIABLE FOR DIRECT OR INDIRECT DAMAGES INCURRED DUE TO OR IN RELATION TO USE OF THE SOFTWARE. IN ADDITION, BROTHER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE DUE TO YOUR USE OF THE REFRESH AUTO-FULFILLMENT SERVICE AND ANY DISPUTE OR CLAIM BETWEEN YOU AND BIC THE REFRESH AUTO-FULFILLMENT SERVICE PROVIDER OR ANY OTHER THIRD PARTIES. BROTHER IS ALSO NOT RESPONSIBLE FOR THE PERFORMANCE OF YOUR COMPUTER WHILE RUNNING THE SOFTWARE OR ANY INTERRUPTIONS, LOST DATA OR COMPUTER PERFORMANCE INCURRED THROUGH USE OF THE SOFTWARE.


Article 8 - Termination
Brother may terminate this Agreement or discontinue your use of the Software at any time without any reason and any notice to you.


Article 9 - Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Japan.

Brother, the Brother logo, Refresh, the Brother Refresh logo, Refresh are trademarks of Brother Industries Ltd. or its affiliates.


Brother Industries, Ltd.