Terms and Conditions of Use for Siren Connected Boat Application 

This Terms and Conditions of Use for the Siren Connected Boat Application ("Terms and Conditions") set forth the terms and conditions for using the "Siren Connected Boat Application" ("Application") for smartphones provided by Yamaha Motor Co., Ltd (“Yamaha”), Siren Marine, Inc. (“Siren”) and Yamaha Motor Corporation, U.S.A (“YMUS”) (collectively, “we”, “us” or “our”). 

 

Article 1 (Applicability of this Terms and Conditions) 

1. This Terms and Conditions shall apply to relationship between us and any individual user ("User", “you” or “your”) using this Application. 

2. We may make available other terms of use and/or precautions for the use of this Application separately from this Terms and Conditions on our website. 

 

Article 2 (Definition) 

Terms used in this Terms and Conditions shall have the following meanings. 

1. "Yamaha Motor ID" means the login ID issued by Yamaha for use of this Application and other applications by or for Yamaha. 

2. "Vehicle" means a boat equipped with a DCM (hereinafter defined) and/or Yamaha branded outboard owned, possessed or managed by the User. 

3. "Device" means any mobile device which model shall be separately designated by us, which is owned, possessed or managed by the User. 

4. "Connected Device” means any connected device which shall be separately designated by us, which can be added to the Application. 

5. "DCM" means a data communication module to be installed to the Vehicle that enables the use of the Application. 

6. "Siren Marine Subscription Services” means the paid services provided by Siren, the terms and conditions of which are available at https://sirenmarine.com/pages/terms-and-conditions. 

 

Article 3. (Agreement to this Terms and Conditions) 

1. The User will be deemed to have agreed to this Terms and Conditions at the time of pressing “agree” button after downloading this Application to your Device. 

2. If the User is a minor, you are requested to have obtained the consent of the parent or other legal guardian before using this Application. 

3. If a minor, as a User, has falsely agreed to this Terms and Conditions without acquiring the consent of his/her parent or legal guardian or falsely informs his/her age and made us believe that he/she is not a minor, the User shall not be able to revoke any act related to the Application. 4. If the User reaches the age of maturity and uses the Application which he/she has consented to the use of while he/she was still a minor, the User is deemed to have acknowledged all legal actions related to the Application. 

 

Article 4 (Registration of Yamaha Motor ID) 

1. In order for the User to use the Application, the User is requested to register and obtain a Yamaha Motor ID before using the Application in order to log in to this Application as described in the following sections. 

2. The User will apply for registration for the use of the Yamaha Motor ID by entering the Userʼs e-mail address, date of birth and other information that we specify in the registration form ("Registration Information") in accordance with the processes as specified herein. Yamaha will issue a Yamaha Motor ID to the User after receipt of an application for use registration, unless there is any reason as specified in the section 4 of this Article. 

3. The User shall enter true and accurate information at the time of application for the registration, and the information may be modified by the User as appropriate so that the registered information remains up-to-date after registration. 

4. In the event of any of the following, Yamaha may not approve the User's application for registration.

(a) If there is false, inaccurate, incorrect or missing information in the registration form; 

(b) If the User is a member of anti-social force or has a relationship with anti-social force; 

(c) If the User does not agree to this Terms and Conditions; 

(d) In the case of violation of this Terms and Conditions; or, 

(e) In cases that Yamaha considers the User as inappropriate as any of the above (a)-(d) as a user of the Application. 

 

Article 5 (Change of Registration Information to Yamaha Motor ID) 

1. In case there are changes to the registered information, the User shall promptly update the registered information in accordance with the process as our prescribed methods. 

2. We assume no liability for any disadvantages or any damages that may be caused by any failure of not updating the correct information as mentioned in the section 1 of this Article to the extent permitted by the applicable law. 

 

Article 6 (Userʼs Responsibilities to manage its own Yamaha Motor ID) 

1. The User shall use and manage Yamaha Motor ID and password at his/her own risk, and we will not be liable for any damages caused to the User by any misuse or loss of the Yamaha Motor ID or the password by the User or any unauthorized use of the Yamaha Motor ID or the password by any third party to the extent permitted by the applicable law. 

2. The User shall not make his/her Yamaha Motor ID available to any third party, assign, sell, lend, or otherwise allow any third party to use his/her Yamaha Motor ID. 

 

Article 7 (Contents of this Application) 

1. This Application is only available to Users who have registered and obtained Yamaha Motor ID. Therefore, the Userʼs agreement to the Terms and Conditions as provided in Article 3 is submitted simultaneously with the consent to any terms and conditions and privacy policies of the Yamaha Motor ID. Additionally, withdrawal of consent for any terms and conditions and privacy policies of the Yamaha Motor ID in relation to this Application or any other services, can only be made simultaneously with the Userʼs agreement to the Terms and Conditions as provided in Article 3. 

2. Notes on use of the Application are available in the Application. Additional information on how to use the Application is also available on our website. The User is requested to refer to the contents in the Application in case the User has any inquiry regarding the use of the Application. 

3. The User acknowledges and agrees to, due to the specifications of this Application, there may arise certain differences or inconsistencies between the display of the Vehicle and the display of the Application on Device. 

4. The cost of network shall be borne by the User. 

5. The Application contains paid services, including but not limited to Siren Marine Subscription Services. By accessing and using the paid services, the User agrees to pay the applicable fees associated with such services. 

 

Article 8 (Device) 

1. The Application can be used on certain types of Device that are compatible to this Application. The list of compatible devices is separately specified by us, such as on our website. The User acknowledges and agrees to that some or all of the functions of this Application may not be available depending on the model of the User's Device or the version of the operating software, i.e., Android OS or iOS. 

2. The User shall prepare his/her own Device (including operating software) and network lines, etc. required for using the Application at his/her own responsibility. 

3. The User shall use this Application at his/her own risk and responsibility to manage the Device to which the Application has been downloaded and we shall not be liable for any damages caused by theft of the Device, misuse of the Device, use of a third party, or unauthorized access, etc. to the extent permitted by the applicable law. 4. This Application requires permission to access certain functions, such as, camera, current location information, contacts, incoming call notification, etc. of the Device. When using these functions, we will not be liable for any damages caused by not accepting permission to these functions mentioned above to the extent permitted by applicable law. 

 

Article 9 (Usage restrictions) 

1. The User is prohibited to copy, modify, transmit, publish, distribute, assign, lend, translate or sublicense the Application, its contents or any information provided with the Application. 

2. The User is not allowed to use this Application for illegal or commercial purposes. 

 

Article 10 (Prohibited Items) 

The User is prohibited to perform any of the following acts when using this Application. 

1. To use the Application using other user's Yamaha Motor ID; 

2. To infringe any intellectual property rights of us or any third party; 

3. To infringe or threaten to infringe on any property, rights, and privacy of us or any third party; 

4. To conduct defamation of us or any third party; 

5. To modify the computer programs of the Application; 

6. To cause interference to the operation of the Application; 

7. To violate domestic and foreign communication network rules that apply to the User, Device, Connected Device and/or the Application when communicating through domestic and foreign communication networks; 

8. To violate any other applicable laws, regulations, ordinances (including but not limited to those related to the use of radio waves), or public policy or public moral; 

9. To use the Application outside of the geographical region where the Application is available for download; 

10. To send unsolicited messages or invitations to other users; 

11. To use the Application to engage in terrorism, espionage or other illegal activities; 

12. To add any Connected Device that is not owned by the User to the Application; 

13. To use the Application for any purposes not specified in the notes of the application or otherwise agreed by us in writing; 

14. To violate the provisions of this Terms and Conditions; or, 

15. To conduct any acts we consider to be as inappropriate as any of the above 1-14 for the User of the Application. 

 

Article 11 (Prohibition of Transfer of Rights) 

1. The User is not permitted to transfer the right to use this Application to any third party. 

2. We may transfer all or part of the Application to a third party at our discretion, in which case all rights and obligations of the User of the Application, including the User's account, shall be transferred to the transferee in accordance with the conditions of such transfer to the extent permitted by the applicable law. 

 

Article 12 (Cancellation of subscription) 

1. For User of Siren Marine Subscription Services, uninstallation of this Application or cessation of use thereof will not automatically terminate Siren Marine Subscription Services. It is Userʼs responsibility to terminate Siren Marine Subscription Services in accordance with the terms and conditions thereof. 

2. As a result of request for deletion of User information of the Application, the User agrees in advance that the User will not be able to use the Application or any other mobile applications provided by us using the Yamaha Motor ID. 

 

Article 13 (Termination of use of the Application) 

In case we acknowledge the following, we may suspend or terminate the use of the Application by the User without prior notice to the User, and the Yamaha Motor ID may also be unregistered. We assume no liability for any damages incurred on the User to the extent permitted by the applicable law. 

1. If you cancel the membership from the Yamaha Motor ID; 

2. If Yamaha suspends or terminates the use of the Application by the User and deletes the registered Yamaha Motor ID of the User; 

3. If there are false, inaccurate, incorrect, or missing information in the registered information to the Application or to the Yamaha Motor ID; 

4. If information of the User necessary for the use of the Application, including the registered information, is deleted at the request of the User; 

5. If the User does not exist; 

6. If the User belongs to any anti-social force or has any relationship with any anti-social force; 

7. If the User does not agree to this Terms and Conditions; 

8. If the User violates any of this Terms and Conditions; or, 

9. If we determine the User is as inappropriate as any of the above 1-8 as a user of the Application. 

 

Article 14 (Effect of cancellation and termination) 

We will delete the User's personal information obtained through this Application when the User unregisters Yamaha Motor ID or we terminate the use of this Application by the User. However, information provided by the User except for those information other than personal information (including anonymized processed information) may continue to be stored and may be used as statistical data. 

Article 15 (Deletion of information) 

1. We may delete information and other content registered by the User, including but not limited to usage history, without notifying the User. We shall not be liable for any disadvantage or damage to the User due to such deletion of information to the extent permitted by the applicable law. 

2. The User acknowledges and agrees that we may disclose the information of the User upon request from any governmental organization or pursuant to any applicable law or regulation. 

 

Article 16 (Modification or termination of provision of this Application) 

1. We may modify, add or delete any contents of this Application in whole or in part without notifying the User. 

2. We will not be liable for any damages caused to the User due to any modification, addendum or deletion of the contents to the Application to the extent permitted by the applicable law. 

 

Article 17 (Temporary interruption of the Application) 

In any of the following cases, we may temporarily suspend the provision of services of the Application without notifying the User. In such case, we assume no liability for any damages caused to the User to the extent permitted by applicable law. 

1. Periodic or emergency system maintenance of this Application; 

2. Inability to provide service of the Application due to a fire, power failure, any natural disasters such as earthquakes, floods, tsunami, war, riots, disturbances, labor disputes, etc. 

3. Suspension of communication network service, including but not limited to, any failure to the network or any failure due to the using environment of the Application by the User; 

4. Cases we determine that it is necessary to temporarily suspend the provision of service of the Application, for any reason including operational or technical problems. 

 

Article 18 (Intellectual Property Right) 

1. Any intellectual property, including but not limited to, copyrights, patents, trademarks and design rights of text, images, photographs, sound, videos, information, etc. ("Contents”) provided through this Application belongs to us. The User shall not use any copyrighted materials acquired through this Application beyond the scope explicitly permitted by this Terms and Conditions. Nothing contained herein shall be construed as granting to the User any license of any intellectual property rights related to the Application owned by us. 

2. Copyright and any and all other rights relating to any comments from the User related to this Application to us will belong to us. The User making such comments to us shall not exercise the rights of the copyright holder for such comments. 

 

Article 19 (Amendment to this Terms and Conditions) 

1. The User acknowledges and agrees that we may time to time make revisions to the contents of this Terms and Conditions at any time without the consent of the User. 

2. We will notify the User of any revisions to this Terms and Conditions either on our website or on the Application or any other means that the User can refer to. 

3. Revisions to the Terms and Conditions take effect as soon as we issue notices of any revision in accordance with the previous paragraph. In case of any revision to the Terms and Conditions that may have significant impact on the User, we will notify the User of any revision with a reasonable notice period. 

4. If the User uses or logs into the Application after any revision of this Terms and Conditions takes effect, the User is deemed to have agreed to the revised Terms and Conditions. 

 

Article 20 (Disclaimer) 

1. We will not be liable for any damages arising from modification, interruption or termination of the contents of this Application to the extent permitted by the applicable law. 

2. We will not be liable for any damages caused by use or inability to use this Application to the extent permitted by the applicable law. 

3. We do not assume any responsibility whatsoever for the User's use or inability to use the Application in any environment to the extent permitted by the applicable law. 

4. We make no warranties regarding operation, fitness, usefulness, accuracy and completeness of the Application for any particular purpose. 

5. We will not be liable for any damages to any User to the extent permitted by the applicable law in cases when:

(a) Even though we have taken considerable security measures, unauthorized access by third parties or illegal acts such as intrusion of computer viruses have occurred; or,

(b) Disruption, delay, or inability to use the Application or loss of information on the Application due to the failure of communication lines, systems, servers, etc. 

6. We do not guarantee that this Application is compatible with all devices, and the User acknowledges that there may be problems with the operation of this Application due to the version upgrade of operation systems such as Android OS or iOS provided for the use of this Application. We do not warrant that such problems will be resolved by modification of the programs we make in the event of such problems. 

7. The User shall acknowledge in advance that use of some or all of this Application may be restricted due to changes in the Terms and Conditions and operational policy of the service store, such as App Store, Google Play. 

8. We shall not be liable for any dispute between the User and any third party (including but not limited to other users of the Application) regarding the use of this Application. 

9. If any third party claims to us for damages due to the act or omission of the User, the User shall resolve this at the User's expense (including attorney's fee) and responsibility. If we pay such third party for damages, the User shall indemnify us for any fees, including attorney's fees and lost profits, including damages. 

10. If the User incurs any damages to us in connection with the use of the Application, the User shall indemnify us. 

 

Article 21 (Severability) 

If any provision of these Terms and Conditions is held invalid or unenforceable, wholly or in part, the validity or enforceability of other provisions shall not be affected thereby. The invalid or unenforceable provision shall be deemed replaced by such valid and enforceable provision which serves best the economic interest of the User and us that was originally pursued by the invalid or unenforceable provision. 

Article 22 (Governing Law & Jurisdiction) 

1. This Terms and Conditions shall be governed by and construed in accordance with the laws of Japan. 

2. Any dispute between the User and us with respect to this Terms and Conditions or use of this Application shall be finally settled in arbitration in Tokyo, Japan by the Japan Commercial Arbitration Association pursuant to its arbitration rules. 

 

Article 23 (Governing Language) 

English shall be the governing language of this Terms and Conditions. Any version in any other language is for convenience purpose only. 

 

 

Last updated: 23 January, 2024 

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