Article 1 Purpose
The purpose of these LINE Chat Plus Terms of Use (hereinafter referred to as the "Terms") is to regulate the use of LINE Chat Plus provided in respect of the LINE Official Account service (hereinafter referred to as the "Service", and details thereof are set forth in Article 2) provided by LY Corporation and LINE Plus Corporation and its affiliates as the distributor (collectively, hereinafter referred to as the "Company").
Article 2 Definitions
These terms used herein shall have the corresponding meanings assigned to them below.
(1)"LINE" means the LINE communication service and related services operated by the Company.
(2) "Account" means the LINE Official Account under which Customers use the Service.
(3) "Contents" means the contents displayed on the Service as profile information of the Account or information transmitted from the Account (including, but not limited to, text, photographs, illustrations and videos).
(4) "Posted Contents" means the Contents posted, transmitted, uploaded or otherwise made available on the Service by Customers and delivered to End Users via the server managed by the Company.
(5) "ID, etc." means the ID and password for the Account and other information necessary for use of the Service.
(6) "Customer(s)" means a person who uses the Service (including agencies if user agreements are entered into through agencies of LINE Official Accounts).
(7) "End User(s)" means a person who uses LINE via the Account used by Customers.
(8) "Development Environment" means the "LINE Developers" website operated by the Company.
(9) "Service" means customer support service provided through the Account consisting of both or either one of Manual Reply and Auto Reply.
(10) "Manual Reply" means a service that enables provision of a manual response by an operator, etc. to inquiries from End Users, made through LINE’s messaging service via the Account.
(11) "Auto Reply" means a service that enables provision of an automatic response to inquiries from End Users made through LINE’s messaging service via the Account.
Article 3 Contractual Relationship
1. These Terms shall apply in conjunction with the LINE Official Account Terms of Use and the LINE Official Account API Terms of Use. Where there exist conflicts between these Terms and the LINE Official Account Terms of Use, these Terms shall be given priority.
2. The Company may modify these Terms and the content, etc. of the Service by providing Customers with an announcement or notification through the method prescribed by the Company to such effect, as needed. Customers who continue to use the Service following a modification shall be deemed to have consented to such modification.
3. The user agreement relating to the Service (hereinafter referred to as the "User Agreement") shall come into effect upon acceptance by the Company of the application made by a person who desires to use the Service via the method designated by the Company and who has consented to the LINE Official Account Terms of Use, the LINE Official Account API Terms of Use and these Terms.
4. The Company may not accept any application for a User Agreement in the event of any of the following:
(1) When those who desire to use the Service fail or, in Company's determination are likely to fail, to make payment of the usage fees, expenses, surcharges and late charges for the services provided by the Company and its group companies, including the Service;
(2) When the Company determines that those who desire to use the Service may damage the credibility of the Service;
(3) When the application form, etc. contains any false or inaccurate statement; and
(4) Other than the preceding three items, when the Company determines the execution of a User Agreement as inappropriate.
5. Even after the execution of a User Agreement, the Company may suspend the Service or terminate the User Agreement without any notice or warning in respect of any Customer who falls under any of the items in the preceding paragraph.
6. Customers may cancel the User Agreement by notifying the Company of their intent to cancel at least one (1) month prior to the desired cancellation date. Even when a Customer cancels the User Agreement within a given month, such Customer shall pay the Company the full amount of the use fees that are applicable to the use of the Service until the end of the month that includes such cancellation date, immediately after providing notification of cancellation, and such fees shall not be computed on a per diem basis. For the avoidance of doubt, the usage fees for the month which includes the starting date of the User Agreement shall be computed on a per diem basis.
7. If a Customer uses the Service after the month which includes the termination or cancellation date of the User Agreement, such Customer shall pay the Company the full amount of the usage fees for the month in which the Customer used the Service.
8. Contents of the Service, usage fees and payment due date, etc. (hereinafter referred to as the "Billing Plan, etc.") shall be determined by the Company and announced or notified to Customers.
9. The Company shall, via a method prescribed by the Company, notify Customers of the usage fees for the Service for each calendar month by the fifth business day of the following month.
10. Customers shall pay the usage fees by way of bank transfer pursuant to the Company’s issuance of invoices as described in the preceding paragraph. Fees for bank transfers shall be borne by Customers.
11. The Company may modify or make additions to the Billing Plan, etc. by announcing or notifying the same to Customers.
12. The Service may contain services or contents provided by other service providers affiliated with the Company. Service providers providing such services or contents bear all responsibility therefor. Moreover, these terms of use or any other terms prescribed by the service providers may apply with respect to such services and contents. If there is any discrepancy between terms of use or other terms prescribed by the service providers and these Terms, then unless otherwise agreed by the parties, these Terms shall prevail between the Company and Customers. If the usage fees, etc. for such services and contents are paid by Customers to the Company, the rules designated by the Company shall apply as the basis of daily fee calculation with respect to the number of days, etc.
13. Customers who have signed the User Agreement through agencies of LINE Official Accounts shall pay the usage fees to the agencies via the method designated by the agencies.
Article 4 Management of the Service
1. Customers shall manage the ID, etc., and use the Service with the care of a prudent manager.
2. Customers will refer to the technical specifications and documents, etc. in respect of application programming interface relating to the Service, etc. (including LINE Messaging API and Switcher API; hereinafter referred to as the "API") (hereinafter referred to as the "Company Documents, etc.") via the Development Environment or via a method prescribed by the Company.
3. Customers using the API may not:
(1) Use the API for purposes other than for using the Service;
(2) Reverse engineer, disassemble or otherwise extract the source code of the API;
(3) Use the API to operate facilities, etc. that may have serious risks to human life, body or property;
(4) Use or make available to any third parties the API for the purpose of receiving compensation;
(5) Sell, rent or license the API without any prior consent in writing from the Company or any other method designated by the Company;
(6) Use or abuse the API exceeding a reasonably necessary number of times, or use it in a way that violates instructions with respect to the use of the API prescribed by the Company; and
(7) Use the API in a manner that deviates from the purpose for which the API is provided, or use the API in a method or a manner that the Company deems inappropriate.
4. Customers may designate a person who will manage the development and operations of the Service (hereinafter referred to as the "Administrator") by inserting necessary items into the Development Environment. In such an event, Customers shall be liable for all acts performed by the Administrator in respect of the Service, and the Company shall deem the acts performed by the relevant Administrator as performed by Customers and hold Customers responsible under individual contracts.
5. Without the prior written consent (including consent through e-mail) of the Company, Customers shall not permit any third parties other than the Administrator to use ID, etc. (including access to the Development Environment and any other operation of the Service).
Article 5 Information Management
1. Customers shall handle all information obtained through usage of the Account, the Service and the API (including, but not limited to personal information; hereinafter collectively referred to as "Information") as confidential information and shall use Information within the scope necessary for using the Service, and shall not disclose, provide or divulge Information to any third parties without the prior written permission (including permission by e-mail) of the Company
2. Customers shall establish the structure set forth in the items below for the proper management of the Account, the ID, etc. and the Information:
(1) Designate a manager responsible for overseeing the handling of the Account, the ID, etc. and the Information;
(2) Limit the terminal devices that enable access to the Account, the ID, etc. and the Information and strictly manage the relevant terminal devices by maintaining strict controls over those IDs and passwords, etc.;
(3) Where tangible objects containing (stating) the ID, etc. and the Information are used, the place of usage and the location of storage shall be limited and strictly managed by the use of lockable cabinets or other lockers;
(4) In addition to the three preceding items, Customers shall establish a structure necessary for the proper management of Information (including, but not limited to, the maintenance of functions that can detect unauthorized access, education and audit); and
(5) Upon request by the Company, Customers shall, to the extent reasonable, report the Company in writing, including by e-mail, the management structure in respect of the ID, etc. and the Information.
Article 6 Matters to be Observed by Customers
1. Customers shall develop or publish the program or the system that operate simultaneously with LINE by using the Service (hereinafter referred to as the "Contents Provider Server") or use the Contents Provider Server provided by a third party at their own expense and responsibility.
2. Upon request by the Company, Customers shall report the project and function, etc. of the Contents Provider Server (hereinafter referred to as "Project Information") in advance in writing to the Company including by e-mail, and obtain prior consent therefor from the Company, and when instructed by the Company to make any changes, etc., Customers shall comply with such instruction. The Company shall handle Project Information as confidential Customer information.
3. Customers shall ensure that the actions and operations on LINE using the Service (not limited to automatically-generated actions and operations, and including sounds and messages, etc., which Customers directly send to End Users) will not be contrary to the prohibited activities, etc., set forth in the LY Corporation Common Terms and Conditions of Use. In such an event, "Users" in the LY Corporation Common Terms and Conditions of Use shall be interpreted to mean the "Customers" in these Terms.
4. In exchanging messages, etc. on LINE with End Users using the Service, Customers shall implement functions on the screen that can be recognized by End Users (including notification by messages, etc.) to display the following items, and obtain consent from End Users where necessary. Customers must also comply with the items shown to End Users pursuant to items (2) and (3) of this Article 6.4.
(1) Customers are responsible for managing messages received from End Users and collected End Users’ information (including but not limited to personal information, and hereinafter referred to as "End User Information") and Customers shall use such End User Information within the scope of purpose of use specified by such Customers.
(2) Customers who have contracted to multiple LINE official account shall manage the End User Information of each account separately, and shall not use any End User Information obtained through a particular account in another account in respect of which Customers have not obtained the particular End User Information; provided, however, that this shall not apply if the purpose of use for each of such multiple accounts managed by the Customer is in common, such as for advertising, promotional and customer support purposes, and the Company has accepted such use in advance and the consent of the End User is obtained as required by law.
(3) End User Information shall be handled in accordance with the privacy policy set forth by Customers, and functions that enable End Users to access Customers’ privacy policies at any time is implemented.
Article 7 Handling of Customer's information, etc.
1. Customers agree in advance that all information registered by them with the Service will be deleted upon the termination of the User Agreement.
2. Customers agree in advance that the Company may acquire statistical information relating to usage of the Service by End Users that are visible to Customers (including, but not limited to, statistical information such as the number of unique users and number of messages, calls and duration of calls) for purposes of operating and improving the Account and the Service.
Article 8 Representations and Warranties of the Contents
1. Customers hereby represent and warrant the matters listed in the following items to the Company.
(1) The Contents do not infringe the rights of any third parties (including, but not limited to, copyrights, moral rights, patent rights, trademark rights, design rights, utility model rights, trade secrets, honor rights, rights of portrait, rights of privacy, and rights of publicity).
(2) The Contents do not contain contents that may be contrary to public order or morality (including but not limited to excessively violent expressions and/or images, explicitly sexual expressions and/or images, and/or other antisocial content) or violate laws or regulations.
(3) The provision of specified services to End Users through the Service and the API by Customers is in compliance with laws or regulations.
(4) After commencement of Service usage, Customers shall continuously maintain compliance with laws or regulations in providing specified services to End Users.
2. If Customers breach the obligations under the preceding paragraph, the Company may forthwith suspend or discontinue the Service and use of the API, and shall bear no responsibility for any damages incurred by Customers caused by such suspension or discontinuance. In addition, if the preceding paragraph is violated, Customers shall immediately indemnify the Company for any and all damages incurred by the Company, as well as the amount of damages for which the Company becomes liable to third parties (including but not limited to attorney’s fees).
Article 9 No Warranty
1. The Company does not provide any express or implied guarantee that the Service, including LINE, and the API are free from actual or legal defect (including but not limited to guarantees in respect of safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, legal compliance to use for certain purposes, defects related to security, etc., errors and bugs, or infringements of rights).
2. In the event that an End User cannot send or receive a message or any other correspondence into the Contents Provider Server due to the congestion or disruption of communications between LINE and the Contents Provider Server attributable to the Contents Provider Server or telecommunications equipment of Customers that works in collaboration with the Contents Provider Server, the Company may, at its discretion, delete all or a portion of the relevant correspondence, and may suspend or discontinue the provision of the Service without prior notice to Customers.
3. Customers acknowledge and provide their consent in advance that the suspension or discontinuance of provision of the Service to Customers may have an effect on the communications between LINE and the Contents Provider Server, and that the Contents Provider Server may not function properly due to such suspension or discontinuance.
4. The Company shall not be liable for any damages to Customers or End Users caused by the suspension or discontinuance of the provision of the Service, including LINE, and the API regardless of the reason for such suspension or discontinuance.
Article 10 Termination of Provision of Service
1. In the event that Customers have not logged on to the management screen of the Service for more than six months, the Company may suspend, discontinue or terminate the provision of the Service and the API to Customers after the elapse of thirty days from the day on which it had provided a prior written notice (including notice by e-mail) to Customers, but only to the extent that Customers have not raised particular objections within such thirty-day notice period.
2. In the event that a User Agreement in respect of the Account using the Service and API has been terminated, provision of the Service and API shall automatically terminate.
Article 11 Termination of Service
1. The Company may terminate all or part of the Service by providing Customers with an announcement or notification to such effect at its sole discretion.
2. In the event that the Service has been terminated under the preceding item, the relevant User Agreement shall be terminated simultaneously as of such termination date.
Article 12 Post-Termination Measures
Upon termination of Service usage by Customers or termination of the provision of the Service to Customers, Customers shall forthwith destroy the information to which the Company has rights, the information to which Customers have rights, and the Company Documents, etc. (with details of procedures for the destruction of such information being subject to the LINE User Data Policy).
Article 13 Special Provision Relating to "Manual Reply" and "Auto Reply"
1.The Customers shall use the Manual Reply and Auto Reply functions only for the purpose of providing customer support for their own products or services upon receiving inquiries from End Users through LINE, and, unless otherwise approved by the Company, a Customer shall not use the Service in any of the following manners:
(1) The Customer sends messages to End Users without first receiving inquiries from End Users;
(2) The Customer uses the Manual Reply or Auto Reply function with any API which enable it to send messages to multiple End Users at the same time; or
(3) The Customer uses the Manual Reply or Auto Reply function for any purpose other than providing customer support, such as for distributing advertisements etc.
2. Usage charges for the Service do not include charges for sending Push Messages using the Manual Reply or Auto Reply function in a way that breaches the obligations under the preceding paragraph.
3. In the case that the total amount of Push Messages sent using the Manual Reply or Auto Reply function in a way that breaches the obligations under paragraph 1, plus the other messages sent by a Customer, exceeds the amount which the Customer is allowed to send messages for free as set forth in the billing plan for the LINE Official Account used by the Customer, the Customer shall pay additional fees for sending messages in accordance with the calculation method separately set forth by the Company.
4. If a Customer breaches the obligations under paragraph 1, the Company may forthwith suspend or discontinue the Service and the use of the API for such Customer, and the Company shall bear no responsibility for any damage incurred by such Customer as a result of such suspension or discontinuance.
Article 14 Confidentiality
1. In addition to the information set forth in these Terms, any information held by the Company or Customers and disclosed under the User Agreement as confidential information shall be treated as confidential information.
2. Any personal information held by the Company or Customers and disclosed under the User Agreement shall be treated as confidential information, and the Company and Customers shall make best efforts to prevent divulgence, manipulation, and bugging of such personal information.
3. If the fact of divulgence, manipulation or bugging of any personal information is discovered, the Company and Customers shall promptly report the same to the other party in writing (including e-mail).
4. The Company and Customers shall not disclose confidential information to any third parties without the prior written consent of the other party, provided, however, that the following items shall not be confidential information:
(1) information that was already known prior to the disclosure;
(2) facts already known to the public or information otherwise generally available to the public;
(3) information obtained lawfully from a third party without owing confidentiality obligations; and
(4) information in respect of which the disclosing party has given prior written consent to be excluded from treatment as confidential.
5. If the receiving party discloses confidential information, then, to the extent reasonably necessary, upon request in accordance with applicable laws and regulations and rules of financial instruments exchanges and any other provisions equivalent thereto (hereinafter collectively referred to as "Laws, etc."), the receiving party shall provide the disclosing party with prior notice of such disclosure, provided, however, that if such prior notice cannot be provided due to unavoidable reasons, such as restriction under Laws, etc. or time constraints, notice after such disclosure will be sufficient. If disclosure is made pursuant to the provisions of this paragraph, then notwithstanding the provision of the preceding paragraph, the receiving party may disclose the confidential information to the minimum extent necessary, provided, however, that if the disclosing party has instructed for the maintenance of confidentiality in relation to such disclosure, the receiving party shall do so to the extent practicable and legally permissible.
6. Upon termination of the User Agreement, or as otherwise requested by the disclosing party during the effective term of the User Agreement, the Company and Customers shall return or destroy relevant confidential information and copies, etc. thereof.
7. If Customers and the Company separately enter into agreements relating to "confidential information" and "protection of personal information" (including any agreements with equivalent purpose, regardless of the title), such separately agreed agreements shall be given priority.
Article 15 Changes in Customers’ Names, etc.
1. In the event of any changes to the representative, company name or address of Customers, Customers shall promptly provide a written notice (including notice by e-mail) of such changes to the Company.
2. When the notification prescribed in the preceding paragraph is made, the Company may request Customers to submit documents certifying the notified facts, and Customers shall comply with such request.
Article 16 Consultation
Any matter not stipulated in these Terms shall be resolved through consultation between the Company and Customers in good faith.
Article 17 Special Terms for Taiwan
For Taiwan, Article 3.6 and 3.7 does not apply.
Date of Establishment: September 12, 2018
Date of amendment: October 1, 2023