Article 1. Purpose
These LINE MyCustomer Terms of Use (these “Terms”) set forth the terms and conditions for the use of LINE MyCustomer for LINE Official Accounts (the “Service”) provided by LINE Company (Thailand) Limited and/or its affiliates (hereinafter collectively referred to as the “Company”). These Terms shall be applied in addition to the LINE Official Account Terms of Use and other relevant terms, and if any inconsistency or the like with respect to the Service arises between these Terms and the LINE Official Account Terms of Use and other relevant terms, these Terms shall prevail. All capitalized terms not otherwise defined herein shall have those meanings ascribed to them in the LINE Official Account Terms of Use and other relevant terms.
Article 2. Application for Use
1. Only those LINE Official Accounts customers and any persons acting on behalf of LINE Official Accounts (as the case may be) who have accepted these Terms and conclude any other contracts relating to the use of the Service as required by the Company and have obtained approval of the Company ("Customer(s)") may use the Service. These Terms and such other contracts are collectively referred to as the ("Contract").
2. These Terms apply to Customers in addition to the LINE Official Account Terms of Use and other relevant terms, so Customers must comply with the LINE Official Account Terms of Use, other relevant terms and these Terms with respect to the use of the Service.
3. These Terms apply to the use of any and all functions/features of the Service which can be offered separately, e.g., MyCustomer CRM Package etc., so Customers must comply with these terms even though they merely use certain functions/features of the Service.
4. In particular, Customers shall ensure that their actions and operations when using the Service (not limited to automatically-generated actions and operations, and including sounds and messages etc.,) will comply and not contravene these Terms, the Contract, and any applicable guidelines for the use of Service.
5. In the event of the termination of the contract or suspension of service for a LINE Official Account, the Service shall be suspended.
6. Intellectual property rights and all other rights, including copyrights related to the Service, belong to the Company or a third party with legitimate rights, and those persons retains the licenses and rights to operate the Service. So long as Customers comply with the Terms, the Customers shall be entitled to a royalty free, limited, nonexclusive, as-is, revocable, nontransferable license, without right of sublicense unless expressly agreed in writing by the Company, to use the Service. The foregoing license is also subject to the terms and conditions, policies and any and all instructions and documentation that the Company may, from time-to-time, provide in connection with the Service.
Article 3. Details of the Service
1. The Service provides on-top features for LINE Official Account which consist of various core functions (including surveys, personalization message, audience grouping and/or loyalty program etc.). The Service can be applied to each Customer’s LINE Official Account, upon conclusion of Contract between Company and Customers.
2. When using Service, it is Customers’ own responsibility to ensure that Customers have sufficient and available broadcasting messages usage in Customers’ LINE Official Account.
Article 4. Accounts
1. Customers shall strictly manage passwords for the accounts for use of the Service (the "Account(s)") at their own responsibility so that the same will not be used in an unauthorized manner. When Customers' registered password is used in order to use the Service, the Company will provide the Service by assuming the same to be an act of and by the Customers.
2. The Company shall be exempted from responsibility for damage or disadvantages caused to Customers arising from actions undertaken via the Accounts for any reason, to the extent permissible by law.
3. If Customers desire, the Company may provide assistance with Customers operation of the Accounts within a reasonable scope in some cases. In such cases, the Company may access and operate the Accounts within the scope necessary for assistance. In addition, the Company shall not assume any responsibility for damage caused to Customers and user who has installed LINE Application (hereinafter referred to as "User(s)") arising from the aforementioned operation.
4. Subject to Article 15, when Contract is expired or terminated or the provision of the Service is terminated, the Company may delete information related to the relevant Accounts and content distributed via the Accounts (meaning information or content in a form that Customers allow to be transmitted to or accessible by Customers through use of the Service, including, but not limited to, Account icons, profile information, texts, images, and videos dispatched by Customers; hereinafter, collectively referred to as "Content") at the discretion of the Company, and Customers shall consent thereto.
Article 5. Modification of the Terms
The Company may modify the Terms and the nature of services, etc. provided by this Service, by providing Customers with an announcement or notification to such effect, as needed based on the Company’s sole discretion or pursuant to the applicable laws. In case that Customers have continued to use this Service following a modification, such Customers shall be deemed to have agreed to such modification of the Terms and the nature of services, etc.
Article 6. Period of Use
The period of use begins from the date Customers enters into the Contract with the Company, and expires on the date in which the Contract is terminated.
Article 7. Service Fees
1. Customers agree to pay applicable Service fees for the period of use, either on an annual basis, monthly basis, or otherwise specified by the Company immediately when the payment is due for the use of the Service.
2. The Company may change the prices specified in the preceding paragraph by announcing or providing notice to Customers to such effect or further execution between Company and Customers (as applicable).
3. For the use of Service based on fixed period Service fees, on an annual basis, the executed Contract is non-cancellable by Customers. Even when Customers would like to cancel the Service within any given period, such Customers shall pay the entirety of the whole annual Service fees, and such fees shall not be computed on a per diem basis and for the remaining period of use as specified in the Contract. In addition, even when the Service has been cancelled, no fees prepaid by Customers shall be refunded by the Company.
4. For the use of Service based on periodic Service fees with auto-renewal (the " Subscription"), Customers can obtain the Subscription by subscribing to an available subscription plan for the price and period designated by the Company by registering valid credit card information and any other required information requested by the Company. If Customers provide valid credit card information and choose to subscribe to a Subscription, Customers authorize the Company to automatically renew the Subscription for subsequent period, beginning on the scheduled expiration date of the first period, and subsequent period thereafter, by charging the Service fees to Customers' account unless Customers cancel the Subscription in advance via the methods designated by the Company. In case that Customers subscribe on a day other than the first day of any given service period, the Subscription Service Fees of the first period shall be prorated in accordance with number of days beginning from the first date that Customers obtain the Subscription to the scheduled expiration date of the first period, then the Service fees for the subsequent period to be charged to Customers' account thereafter will be in accordance with the Subscription Service Fees designated for relevant subscription plan. Even when Customers cancel the Subscription within any given service period, such Customers shall pay the entirety of the whole Subscription Service fees that are applicable to such period, and such Subscription Service fees shall not be computed on a per diem basis and for the remaining period of use in the given period that the Subscription is cancelled. In addition, even when the Service has been cancelled, no Subscription Service fees prepaid by Customers shall be refunded by the Company. Customers may reapply for the Subscription via the methods designated by the Company.
5. Upon paying Service fees to the Company, if consumption taxes (or VAT) are to be imposed on such payment subject to the provisions of applicable laws or regulations, Customers shall pay the Service fees together with amounts equivalent to applicable taxes.
6. In case that Customers have delayed payment of Service fees for the Service, the Contracts (subject to the Terms between the Company and such Customers, if any) shall be automatically suspended. Even if damage has been caused to Customers arising from such suspension, the Company shall not assume any responsibility therefor to such Customers. In addition, such Customers shall pay to the Company delinquency charges at the rate of 7.5% (computed on a per diem basis) per annum regarding unpaid amounts during the relevant overdue period.
Article 8. Refund
Customers agree that the Service fees are paid on an annual basis, monthly basis, or otherwise agreed by the Company and the Company will not refund any Service fees which have already been paid, regardless of the reason.
Article 9. Restrictions regarding Use of the Accounts
Even after Customers have commenced use of Service, if the Company deems that any of the following items is applicable to corresponding Customers, the Company may restrict use of the Service by such Customers in some cases, such as by not allowing such Customers to use the Service or suspending such use. In addition, the following shall be used as illustrative examples. Therefore, even if Customers have made inquiries about specific judgmental criteria or Account use restrictions to the Company, the Company shall not assume any obligation to reply thereto:
(1) Corporations, organizations, or individuals that sell products or services that are highly likely to be used for criminal acts;
(2) Corporations, organizations, or individuals that commit or encourage unlawful acts or criminal acts;
(3) Corporations, organizations, or individuals that perform illegal or fraudulent sale, purchase, mediation, brokerage, etc. regarding personal information, registration information, and/or use history information of other third parties;
(4) Corporations, organizations, or individuals that have undertaken acts which are contrary to laws, regulations, or public policy, or those that are highly likely to undertake such acts;
(5) Corporations, organizations, or individuals that the Company believes perform prohibited acts stipulated under Article 10; and
(6) Corporations, organizations, or individuals (including, but not limited to, corporations, organizations, or individuals that are likely to cause the complaints from Users, disadvantageous responses by a third party, or other disadvantages; corporations, organizations, or individuals that are likely to have an adverse impact on the credibility or reputation of the Company; and corporations, organizations, or individuals that are likely to involve the Company in complaints, disputes, etc.) that are deemed by the Company to be inappropriate for use of the Service.
Article 10. Prohibited Acts
Customers shall not be allowed to perform the following acts when using the Service:
(1) Violation of laws, regulations, court judgments, decisions, or orders, or legally binding administrative measures;
(2) Illegal acts or acts that would encourage illegal acts;
(3) Infringement of intellectual property rights of the Company or a third party (e.g., copyrights, trademark rights, and patent rights), honor rights, rights of privacy thereof, or other legal or contractual rights;
(4) Acts that are likely to be contrary to public policy;
(5) Granting benefits to antisocial forces or other cooperative acts;
(6) Use of Service as advertising media for a third party without the prior consent of the Company (including, but not limited to, advertisement of products or services of third parties through use of Service);
(7) Identification of any demographic information of each User who accesses to any advertisements or messages distributed utilizing the estimated demographic information of User (collectively, the "Advertisement"). The restricted act hereunder shall include but shall not be limited to (i) the designation of website to transit for each demographic information and (ii) addition of traceable and specific information to URLs of website to transit for the above purpose when Company distributes the Advertisement;
(8) Assignment or lending of the Accounts to any third parties or sharing of the Accounts with any third parties;
(9) Spoofing as the Company or a third party, intentional dissemination of false information, or provision or distribution of information that has nothing to do with the administration or maintenance of the business category for which Customers have applied;
(10) Illegal collection, disclosure, or provision of personal information, registration information, or use history information of a third party;
(11) Posting or transmitting excessively violent expressions and/or images, explicitly sexual expressions and/or images, expressions and/or images that would result in discrimination based on race, nationality, creed, gender, social status, family origin, etc., expressions and/or images that solicit or urge suicide, self-mutilation, or drug abuse, or other expressions and/or images containing antisocial information that would cause discomfort to other parties;
(12) Acts for the purpose of engaging in sexual intercourse or obscene acts, acts for the purpose of setting up encounters or dating with unacquainted persons of different genders, acts for the purpose of abusing or slandering other customers, or other acts through which the Service is used for different purposes than those expected by the Company;
(13) Distribution of information that is deemed to cause uncomfortable feelings or nuisances to Users or third parties;
(14) Acts that cause hindrance to servers and/or network systems of LINE MyCustomer;
(15) Acts that disturb the administration of LINE MyCustomer by the Company or the use of the Service by other Customers, or acts that hinder such administration or use;
(16) Intentionally causing LINE MyCustomer failure through use;
(17) Making unreasonable inquires or demands to the Company;
(18) Distribution of expressions, images, and/or information that would be contrary to the Terms, and/or guidelines for the use of Service, LY Corporation Common Terms of Use, LINE Official Account Terms of Use or the LINE Official Account Guidelines;
(19) Distribution of expressions, images, and/or information that would be contrary to the Logo Use Guidelines;
(20) Acts that assist or encourage any of the acts stipulated under Paragraphs (1) through (19); and
(21) Other acts that are deemed by the Company to be inappropriate.
Article 11. Content
1. Customers represent and warrant the following to the Company with respect to the use of the Service.
(1) Content shall not infringe the rights of 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) Content shall not contain the information that would be contrary to public policy (including, but not limited to, excessively violent content and explicitly sexual content), laws, regulations, or these Terms.
(3) In case that URL links are to be contained in Content, Customers shall be limited to URLs that allow Users to recognize aggregable access status or shall undertake necessary measures so that Users will be able to recognize the same.
2. In case that the information related to third parties is to be included in Content, such Content shall contain
statements that ensure Users will not understand that such information has been provided by such third parties (including, but not limited to, express indication regarding the source of information and express indication that such information has not been provided by such third parties).
3. Customers agree that the Company may confirm the nature of Content for the purpose of appropriate operation of the Service. In case that the Company has judged that inappropriate information is contained in Content, the Company shall be able not to distribute or shall be able to delete such Content.
4. In case that Customers violate applicable laws and/or these Terms with respect to Content, including infringe any rights of third parties, the Company may terminate Customers' use of the Service.
5. In case that a court, an investigating authority, or another public institution has requested that the Company
disclose or supply Content thereto, if the Company deems such request legal or reasonable, the Company may disclose or supply such Content without the consent of Customers.
6. Intellectual property rights, including copyrights to Content, to the extent not infringing others, shall belong to Customers; provided, however, that the Company shall not be obligated to protect such intellectual property rights of Customers.
7. The Company may use Content, information related to Customers including but not limited to information of use of the Service (including the information registered by Customers upon the initiation of the use of the Service and limited to the information which does not conflict with the protection of privacy of communications), usage journey and any data collected as statistic data for prevention of the unauthorized use of, providing, statistical analysis, development and improvement of, and advertisement distribution and promotion of Company’s services, platform, feature performance, and user experience. Customers agree thereto in advance (including the non-exercising of moral rights against the Company). Company may share abovementioned information with any party providing services related to Company’s services and subcontractors of Company to the extent necessary for the abovementioned purpose.
8. The Company may store Content in the server of the Company. In addition, the Company shall not assume any obligation for storage of Content. In case that Customers consider it necessary to store Content, such Customers shall do so at their own cost and responsibility.
Article 12. Handling of User Information
1. If Customers collect information (including personal information) from Users by using the Service or provide the Company with any information about Users, the Customers hold the sole responsibility of such information. Customers must exercise due care in handling such information at their own responsibility to ensure that such information is not used in an unlawful manner and comply with any applicable laws on the protection of personal information and other laws, ordinances and guidelines regarding the handling of information related to the use of the Service. The Company may treat any and all activities conducted under the authentication information as activities that have been conducted by the Customers with whom the authentication information is registered. However, the Company has no obligation to monitor or review any information submitted to the Service.
2. Subject to Article 15, Customers agree in advance that all information is collected by Customers may be deleted at the Company’s discretion if the Contract is expired or terminated or the provision of the Service is terminated.
3. The collection of sensitive personal information (as defined under the data protection law) by using any feature of the Service is prohibited.
4. Where Customers use features that are connected with other services (including but not limited to OA CMS, LINE OA Plus, etc.) provided by the Company or our affiliates (including but not limited to LY Corporation and its affiliates) ("Connected Services"), the Customers understand and agree that any and all information obtained from Users through use of this Service and/or Connected Services (including, but not limited to, Users' names, LINE IDs, images for icons, status messages, images and the act of following a LINE Official Accounts referred to as "User Information"), information of the LINE Official Accounts (including, but not limited to user identifier, company internal identifier, unique identifier and signature key of a channel), format information related to LINE Official Accounts (including, but not limited to, data format (information indicating whether the content sent is a text message, photo, video, or other format), information on whether or not the content sent has been read, the sender and recipient of the content as well as the time and date it was sent and received, the time and date the in-chat feature was used) will be shared from such Connected Services to LINE MyCustomer and from LINE MyCustomer to such Connected Services upon instructions of the Customers for the provision of this Service and Connected Services.
5. The Company is not responsible for any damages or losses for the foregoing information
Article 13. Handling of Personal Information
1. The Company will use personal information that the Customers provided to the Company to provide and operate the Service, to fulfill our contractual obligations with you, to comply with applicable laws and regulations, and for other purposes in accordance with LINE Company (Thailand) Limited Privacy Policy. The Customers acknowledge the details of collection, use, and/or disclosure of personal information provided therein.
2. If the Customers provide personal information of any third party (apart from the Customers) to the Company in relation to the Customers, use of the Service, the Customers represent and warrant that the Customers have the authority to do so and to permit the Company to use such personal information in accordance with LINE Company (Thailand) Limited Privacy Policy.
3. The Company will use or disclose personal information only for the purposes for which it has been collected, except with your consent, or as required or permitted by applicable law, and the Company will retain your personal information only as long as necessary to fulfill those purposes.
4. The Customers hereby represent and warrant to the Company that any personal information provided to the Company is true, accurate, current, and complete. The Customers shall inform the Company if there are any changes to that information.
5. If there is any change to the Customers’ registered matters, the Customer shall promptly notify the Company of the change according to the Company’s prescribed method.
6. If the Company receives the notice in the preceding paragraph, the Company may request the Customers to provide a document evidencing such change, and Customers shall comply with such request.
Article 14. Suspension of Use; Termination
1. In case that any of the following Items is applicable, the Company may temporarily suspend provision of Service in some cases.
(1) In case that maintenance, inspection, or the like regarding facilities or equipment necessary for provision of Service is performed regularly or in emergencies
(2) In case that failure, breakdown, or the like has occurred to facilities or equipment used for provision of Service
(3) In case that it has become impossible to use telecommunications services provided by telecommunications carriers
(4) In case that it is difficult to provide Service due to blackout, fire, earthquake, labor dispute, or another form of force majeure
(5) In case that there exist reasonable operational or technical causes related to the Service
2. The Company may change or cease the operation of the Service in whole or in part by providing Customers with an announcement or notification to such effect.
3. In case that the Company has judged that any of the following items is or is likely to be applicable to Customers, the Company may suspend provision of Service by temporarily suspending use of the Service by Customers or terminating the Contract at its sole discretion without the need for any notification.
(1) In the case of a Customers breaching these Terms or LINE Official Account Terms of Use
(2) In case that Customers have used the Service for illegal purpose(s)
(3) In case the Company believes there is a credit impairment of the Customers, including but not limited to cases where such Customers is subject to the bankruptcy petition or civil rehabilitation petition or the Customers files such petitions
(4) In case that it is impossible to contact Customers due to a reason not attributable to the Company
(5) In case that Customers have not accessed their Accounts for a certain period designated by the Company
(6) In addition to the cases described above, in case that Customers have undertaken acts that the Company deems inappropriate
(7) In case that a third party that administrates and/or provides an apps market used by the Company requests that the Company suspend provision of the Service in whole or in part.
4. Even if any damage is caused to Customers arising from the aforementioned suspension of use, change or termination, the Company shall not assume any responsibility or refund therefor to such Customers.
Article 15. Data Retention
Customers are responsible for their own retention of data arising out of the use of Service as required by any applicable rules or laws.
The Company is not responsible to provide any data retained in connection with the Service to the Customers upon suspension of use or termination, except for the case that Customers request for the data to be retrieved upon renewal of Service within 90 days from the date of the suspension of use or termination.
The Company reserves the right to use data collected as statistic data for the Company's statistical analysis for improving platform and feature performance of Company's services and analysis of usage journey to improve platform user experience of Company's services after the retention period expires.
Article 16. Responsibility of Customers
1. In case that any third party (including but not limited to governmental authorities) has made complaints, claims, or requests for information or etc., or has filed a suit, etc. against the Company due to the use of the Service by Customers, such Customers shall respond thereto at their own cost and shall be solely responsible and shall not cause any difficulties to the Company regarding such matter. Any legal liability arising from the use of the Service by Customers shall be borne by the Customers, and the administrators and operation personnel of such Account shall be jointly and severally liable thereof. Customers agree that the Company shall in no way be liable for any damages caused to or liabilities to any third party arising from Customers’ use of the Service.
2. If Customers infringe any right of or causes any damages to any third party by violating the applicable laws or breaching the Terms, the Company may (1) restrict or prohibit the administrators and operation personnel of such Account to continue to use the Service and (2) reject any of such administrators’ or operation personnel’s future application to any use of Service without providing any prior notification or causes.
3. Any damage (including the incurring of attorney's fees) caused to the Company arising from the use of the Service by Customers shall be compensated by the Customers immediately pursuant to the laws and regulations.
Article 17. Legal Compliance, Waiver, Indemnification, and Liability
1. Customers are solely responsible for complying with all applicable laws. Customers agree not to take any action in connection with the use of the Service in violation of any applicable laws.
2. Customers shall indemnify and hold harmless the Company, and directors and employees of the Company for and from any losses, damages, fine, penalties and other costs and expenses arisen out of or in connection with the use of the Service in violation of any applicable laws, the Terms, and/or guidelines for the use of Service.
3. Customers agree that the Company reserves the rights to suspend the Service and/or carry out any actions with respect to the Service and the use of the Service as the Company deems appropriate without any prior consent/agreement from Customers, and Customers agree to waive all rights to claim against the Company, and directors and employees of the Company.
4. To the extent permitted under applicable laws, the Company shall not assume any responsibility for any damage caused to Customers arising from use by such Customers of Service; provided, however, that the same shall not apply to damage caused due to willful misconduct or gross negligence of the Company. In such case, the Company shall assume responsibility for compensation of general and direct damage caused to Customers up to a ceiling of the Service fees of the Service actually paid by such Customers in the month or year in which such damage has been caused, as the case may be.
Article 18. No Warranty
The Company provides no warranty, either explicitly or implicitly, with respect to the Service, that there are no defects (including, without limitation, defects in security, etc., errors, bugs, and infringement of rights, etc.), and as to the safety, reliability, accuracy, completeness, effectiveness and fitness for a particular purpose of the Service. The Company will in no way be responsible for having to provide Customers with the Service after deleting such defects.
The Company provides no guarantee that third party hardware, services, and applications not developed by nor under the control of the Company will function correctly with this Service. The Company assumes no liability related to involvement and interaction with such third party hardware, services, and applications; and cannot guarantee and expressly disclaim liability for the above third parties’ legal, privacy and security compliance.
Article 19. General Conditions
Even if some provisions of the Terms have been revealed to be invalid in accordance with laws, regulations, etc., provisions other than such invalid provisions shall continue to remain effective. Moreover, the aforementioned invalid portions shall be modified within the required minimum scope necessary to render them effective, and they shall be interpreted in a manner such that intended legal effects and economic effects will be preserved to the utmost extent possible.
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the same. Any waiver of any provision of these Terms shall be effective only if in writing and signed by the Company.
Unless the Company has consented thereto, Customers shall not assign to a third party rights and/or obligations related to the Terms, the Service, or statuses thereunder, offer the same as security for a third party, or cause a third party to accept the same. In case that the Company intends to assign the Service in whole or in part to a group company or companies of the Company or another third party, the Company may assign the status of the Company subject to the agreement(s) thereto by providing Customers with an announcement or notification to such effect, and Customers consent thereto in advance.
Article 20. Language, Governing Law, and Jurisdiction
These Terms shall apply to Customers for which the Company has determined their affiliated country and region to be Thailand. If any contradictions exist between these Terms and any linguistic translation of these Terms provided by the Company, these Terms in their original English language shall supersede. These Terms shall be governed by the laws of Thailand without reference to the principles of conflict of law. Any and all disputes related to the Service between the Company and Customers shall be brought before the competent Thai Court as the court having exclusive jurisdiction in the first instance.
Enacted 24 December 2020
Latest Amended 17 August 2023
Latest Amended 1 October 2023
Latest Amended 15 January 2024