These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") set forth the terms and conditions (hereinafter referred to as the "Contract") between LINE and the customer who wishes to be listed (hereinafter referred to as the "Application Developer") in connection with the exhibition at the LINE Official Account Marketplace (hereinafter referred to as the "Service") provided by LY Corporation (hereinafter referred to as the "Company").
Article 1 (Definitions)
The following terms are used in these Terms and Conditions:
1. "Application" is a function developed and sold by the Application Developer as a function of LINE official accounts provided by the Company.
2. “Module Channel” means “LINE Developers” which includes information, etc. necessary for the Customers to introduce the Services and other websites separately informed by the Company, as well as the information system for introducing the Services.
3. "Development Environment" means the development environment that is necessary for the listing of the Services by the Customer and that is provided by the Company.
4. "Manager" means the person who administers Module Channel designated by the Application Developer.
5. A "Client" is a person who wishes to purchase this Application from the Application Developer using this service.
6. "Individual Terms of Use" means, with respect to the Services, the terms and conditions separately distributed or posted by the Company under the names "Code," "Guideline," "Policy," etc., apart from these Terms and Conditions.
Article 2 (Consent to the Covenant)
1. The Application Developer must use the Services in accordance with the provisions of this these Terms and Conditions. The Application Developer will not be able to use the Services unless the Application Developer agrees to these Terms and Conditions.
2. If there are Individual Use Terms for the Services, the Application Developer must use the Services in accordance with the provisions of the Individual Use Terms and Conditions in addition to these Terms and Conditions.
Article 3 (Amendment of the Covenant)
The Company may amend these Terms and Conditions within the scope of the purpose of this Service if the Company deems it necessary. In such event, the Company will inform the Application Developer of the revised content and effective date of these Terms and Conditions in the manner set forth by the Company. These Terms and Conditions as amended shall become effective as of the effective date.
Article 4 (Method of listing)
1. The Application Developer shall apply for the listing in the manner specified by the Company when using the Services. In such cases, the Application Developer shall provide true, accurate, legal, and complete information and shall modify such information to keep it up to date, in the event that the Application Developer fails to comply with this Article and result in any damages to any third party or to LINE, the Application Developer shall be solely responsible.
2. The Company shall accept such application by informing the Application Developer of the receipt of the application in accordance with the preceding paragraph, and such acceptance shall constitute a contract between the Company and the Application Developer for the listing of the Service.
3. Module Channel provided by this service belongs exclusively to the Application Developer. Except as otherwise provided herein, no rights of the Application Developer in the Services may be assigned, leased or otherwise disposed of to any third party.
Article 5 (Term)
1. These Terms and Conditions shall be effective until the last day of the month to which one year has elapsed from the date that the Application Developer agree to these Terms and Conditions. Provided, however, that these Terms and Conditions shall be extended for one year on the same terms and conditions unless the Company or the Application Developer express their intention to terminate these Terms and Conditions no later than three months prior to the expiration of the Term, and the same shall apply thereafter.
2. The Application Developer may cancel these Terms and Conditions by indicating its intention to cancel these Terms and Conditions to the other party no later than three months prior to the effective date of these Terms and Conditions. These Terms and Conditions shall terminate on the last day of the month in which three months have elapsed since the manifestation of intention to terminate.
3. Any manifestation of intention to cancel stipulated in the preceding two paragraphs shall be made in the manner prescribed by the Company.
Article 6 (Handling of personal data of the Application Developer)
1. In the Services, the Company will use personal data collected from the Application Developer for purposes of office processing, preventing unauthorized use of the Service, providing customer support, improving and development our services (inclusive of but not limited to the Services), and creating statistical data. Regarding our handling of personal data, please also refer to LINE Privacy Policy (https://terms.line.me/line_rules?lang=zh-Hant).
2. The Company will not provide personal data collected from the Application Developer to any third party without the consent of the Application Developer except as provided by law and LINE Privacy Policy and separately agreed by the Application Developer. Notwithstanding the foregoing, however, the Company may provide personal data collected from the Application Developer to LINE affiliates (LINE Taiwan Limited included) within necessary scope of purposes of use stated in this Article 6.1. Personal data collected from the Application Developer will be used in Taiwan region, and use period will last until the Company or the Application Developer terminates the Services and after retention period required by tax regulations is completed. If the Application Developer is unwilling to provide relevant personal data, the Application Developer may not be able to use the Services.
3. The Application Developer may request the Company to disclose, correct, add or delete any personal data that the Company collected from the Application Developer. However, such disclosure, correction, addition, and deletion shall be subject to the procedures separately prescribed by the Company and may require a separate fee. Please contact the Company at https://contact-cc.line.me/detailId/10078 for inquiries about disclosures, corrections, additions, deletions and complaints.
Article 7 (Use of Module Channel, etc.)
1． The Application Developer shall use Module Channel with the responsibility of a good manager in developing the Application.
2． The Application Developer shall refer to or download from the Development Environment the Technical Specifications and Documents, etc. (hereinafter referred to as "Our Documents, etc.") required for development to introduce Module Channel.
3． The Company may change the specifications of Module Channel and the Development Environment without prior notice to the Application Developer. In such cases, the terms of provision shall be based on the revised Module Channel or the specifications of the Development Environment.
4． The Application Developer can specify the operator by entering the required information on our designated website (“Operator”). The Application Developer shall be responsible for all actions in the Services by the Operator, and the Company shall deem the actions of such Operator to be the actions of the Application Developer and shall be entitled to hold the Application Developer liable under these Terms and Conditions.
5． The Application Developer shall not allow any third party other than the Application Developer except the Operator to use the Services and the Development Environment (meaning access to the Services and the Development Environment and any other operation on the Services) without obtaining the Company’s prior written approval, including e-mail.
6． The Application Developer shall manage all information (including, but not limited to, personal data; hereinafter collectively referred to as the "Information") obtained through the use of the Services and the Development Environment as confidential information and shall use it only within the scope of the purposes stated in these Terms and Conditions. In addition, this information shall be handled in accordance with laws, regulations, etc. and LINE User Data Policy (https://terms2.line.me/LINE_Developers_user_data_policy?lang=en) under the responsibility of the Application Developer and the Client.
7． In order to properly manage the Services, the Development Environment, and the Information, the Application Developer shall establish the systems stipulated in the following items.
(1) Appoint a person in charge of supervising the Services, the Development Environment and the handling of the Information.
(2) Limit the number of terminal equipment accessible to the Services and the Development Environment and strictly manage such terminal equipment.
(3) When using tangible objects in which the Information is recorded (described), restrict the place where it is used and stored and, if possible, strictly manage it in lockable cabinets, lockers, etc.
(4) In addition to the preceding three items, to establish a structure necessary for the appropriate management of the Information (including, but not limited to, the establishment of detection functions for unauthorized access, education, and auditing).
(5) As the Company may require, the Application Developer shall report to the Company, in writing, including e-mail, the Services, the Development Environment and the information management structure to the extent reasonable
Article 8 (Matters concerning the development of the Application)
1． The Application Developer shall develop the Application at its own expense and at its own risk.
2． The Application Developer shall comply with the following matters when developing this Application and hereby warrants and represents that:
(1) The specifications and guidelines for the various Module Channel designated by the Company (regardless of the name, including documents or notices to be delivered to the Application Developer for the same purpose, hereinafter referred to as the "Guidelines, etc.") shall be satisfied;
(2) The rights of a third party (including, but not limited to, copyrights, moral rights of author, patent rights, trademark rights, design rights, utility model rights, honorary rights, portrait rights, privacy rights, publicity rights, trade secrets) shall not be infringed;
(3) The Application does not include any contents that may harm public order or morality (including, but not limited to, excessively violent expressions, explicit sexual expressions, and other anti-social content) and does not include content prohibited by laws and regulations;
(4) The Application does not have the capability to encourage conduct that is contrary to LINE Official Account Terms of Use, LINE Official Account Guideline, LINE OFFICIAL ACCOUNT API TERMS OF USE and LINE User Data Policy or other relevant terms and conditions set forth by the Company;
(5) The system developed and managed by the Application Developer and linked to the Application (hereinafter referred to as the "System") can satisfy the items of system standards stipulated by the Company as the exhibition if any;
(6) The information collected via the Application is limited to information that is required for the operation of the Client's LINE Official Account;
(7) The information collected via the Application shall be used only for the purpose of providing the Application to Clients, and shall not be used for any other purposes of the Application Developer itself ;
(8) Strict access restrictions shall be enforced on information of LINE Official Accounts owned by Clients collected via the Application, and such information shall not be accessed or viewed without the consent of the Clients; and
(9) In the event that Client terminates the use of the Application developed by the Application Developer, all the information collected via the Application shall be promptly deleted.
3. The Application Developer shall submit to the Company a security checklist separately stipulated by the Company in developing this Application.
4. The Application Developer shall be obliged to promptly notify the Company in writing, including e-mail, of any claims, etc. received from a third party arising out of the Application and, if requested separately by the Company, to report to the Company the details of such events to a reasonable extent.
5. In the event of any dispute between the Application Developer and any third party, including the Client, resulting from the purchase, use or any other matters related to the Application, the applicable dispute shall be settled solely at the responsibility and expense of the Application Developer, and the Application Developer shall compensate LINE for any damages or loss incurred therefore, if any. In addition, the Company shall not be involved in any such dispute, including mediation.
Article 9 (Application Posting)
1. The Company shall list new Applications from the Application Developer to the Service no later than the 5th business day of each month.
2. The Application Developer shall apply to the Company no later than the 10th day of the month prior to the month in which it wishes to change or suspend the Application if it changes the content of the listing for the Services or suspends the listing.
3. In the event the Application Developer terminates the provision of the Application, it shall apply to the Company and notify the Clients no later than 90 days prior to the date on which it wishes to terminate.
Article 10 (Sales Method)
1. In the event the Application Developer uses the Service, such as responding to the order or inquiry of the Application from a Client who has viewed the Product through the Service, the Application Developer shall directly develop and implement the Application, settle the price, and perform other procedures required for sales with the Client concerned.
2. The Application Developer shall comply with the following matters in selling the Application:
(1) Do not promote sales of products that are not displayed in the Service on the website of the Application Developer that transits from the Service.
(2) In selling the Application to the Client, comply with the Exhibit "Terms and Conditions for the Sale of the Application".
(3) In the event of any change in the terms and conditions that are detrimental to the Client, such as an increase in the selling price of the Application, the Application Developer shall notify the Clients, including updating the information listed on the Service, 90 days prior to the date of such change.
(4) Report the sales performance of the Application to the Company in accordance with the method separately set forth by the Company.
(5) Stipulate in the terms of use stipulated by the Application Developer that the Application Developer will not use personal data, etc., of users (referring to LINE users; the same shall apply hereinafter) acquired on this application for its own benefit.
3. The Application Developer shall establish a contact point for inquiries as a support system for Clients.
Article 11 (Usage Fee, etc.)
1. The Application Developer shall pay to the Company NTD $24,000 (excluding consumption tax) per year as the annual fixed usage fee for the Services. Provided, however, that the payment of the usage fee shall commence from the month in which the Application is listed on the Service.
2. In addition to the provisions of the preceding clause, the Application Developer shall pay to the Company 20% (rounded down to the nearest decimal point, excluding consumption tax) of the sales price of the Application as the volume-based expenses for the usage fee for the Service.
Article 12 (Method of Payment)
1. The Application Developer shall aggregate the sales price of the Application at the end of each month and notify the Company of the name of the Client who purchased the Application, the total sales price, the usage fee for the Service charged by monthly based, and other items designated by the Company no later than the first business day of the following month.
2. In the event the Company approve the contents of the notice set forth in the preceding paragraph, the Company shall issue an invoice for the usage fee for the Service to the Application Developer.
3. The Application Developer shall pay to the Company the usage fee for the Services for such sales as set forth in the invoice issued by the Company in accordance with the preceding clause only within 45th days after the invoice issued.
4. The Company shall be permitted to cancel this contract without any reminder if the Application Developer delays paying the user fees for this service. The Company shall not be liable to the Application Developer for any damage caused to the Application Developer due to such termination. In addition, the Application Developer shall pay to the Company a late payment damages for the delinquent term at the rate of 10 % of the accrued amount per annum for each calendar day of delay.
Article 13(Use of Trademarks, etc.)
The Application Developer shall comply with our logo usage guidelines (e.g., https://line.me/en/logo) and other guidelines established by the Company when using our trademarks or logos.
Article 14 (Attribution of Rights)
Intellectual property rights, including copyrights related to the Documentation, Guidelines, etc., shall belong to the Company, and the Application Developer may not reproduce, transfer, copy, publish, transmit, distribute, transfer, lease, translate or adapt the documents to be published in the Development Environment without the Company’s prior written consent.
Article 15 (Prohibitions)
The Company prohibits the following actions by the Application Developer related to this service:
1. Any act in violation of any applicable law, court judgment, decision or order, or any statutory binding administrative action;
2. Acts which may be contrary to public order or morality;
3. Acts that infringe the intellectual property rights, honorary rights, privacy rights, and other legal or contractual rights of the Company or third parties, such as copyrights, trademarks, patents, etc;
4. Excessively violent expressions, explicit sexual expressions, expressions equivalent to child pornography or child abuse, expressions leading to discrimination based on race, nationality, beliefs, sex, social status, family origin, etc., suicide, self-injurious acts, expressions that induce or encourage drug abuse, and other acts of using expressions that may cause discomfort to others including antisocial content;
5. Act of pretending to be the Company or a third party or intentionally circulating false information;
6. Any act of exchanging the use of the Services or Content for cash, property or other economic benefits in a manner other than as the Company may prescribe;
7. Acts for sexual or indecent acts, acts for the purpose of encountering or entertaining an unknown third party, acts for the purpose of harassing or libeling a third party, or other acts for which the Services are used for a purpose other than the intended purpose of use for which the Services are intended;
8. Provision of benefits to anti-social forces and other cooperative acts;
9. Religious Activities or Solicitation of Religious Organizations;
10. The act of illegally collecting, disclosing, or providing personal data, registered information, usage history information, etc. of others;
11. Any act that interferes with the server or network system of the Services, any act that improperly manipulates the Services using BOT, cheat tools or other technical means, any act that intentionally uses the defects of the Services, any act that unjustly makes inquiries or requests to the Company, such as repeating similar and unnecessary inquiries, or any other act that interferes with the operation of the Services or the use of the Services by other Application Developer;
12. Reverse engineering, disassembling, or otherwise decrypting the source code for undue purpose or in any other manner;
13. Any act to assist or facilitate any act falling under any of paragraphs 15.1 to 15.13 above; or
14. In addition to the provisions of paragraphs 15.1 to 15.14 above, any act which the Company reasonably deems inappropriate.
Article 16 (Duty of Notice)
The Application Developer shall promptly notify any change in the Application Developer's trade name, name, person in charge of the Application Developer registered for the Service, email address, address, and other contact information in the manner prescribed by the Company. Upon receipt of such notice, the Company may require the Application Developer to submit materials certifying such change, which shall be complied with by the Application Developer.
Article 17 (Re-consignment)
1. The Application Developer may entrust the development of the Application to a third party only with the Company’s prior written consent.
2. In the event of the preceding clause, the Application Developer shall ensure that such third parties manage Client information thoroughly and comply with these Terms and Conditions, and shall be responsible for any actions by such third parties.
Article 18 (Entrustment and Business Alliance)
1. The Company may entrust part of the provision of the Services to affiliate companies of the Company and other third parties.
2. In order to provide the functions of the Service to business alliance partners and other third party websites and apps, etc., the Company shall be entitled to provide information of the Application Developer with respect to the Application (which shall not be personal data) to business alliance partners and other third parties. As a result, the Application Developer may be linked to this Application and may be posted on third party websites such as alliance partners.
Article 19 (Suspension, Change, and Termination of Services)
1. The Company may temporarily suspend the provision of the Services, Module Channel and the Development Environment (hereinafter collectively referred to as the "Provisioned Services") in the following cases: The Company shall not be liable to the Application Developer even if the Company temporarily suspend the provision of the Services.
(1) Periodic or emergency maintenance and inspection of equipment necessary for the provision of the Services;
(2) In the event of any failure or failure in the equipment used for the provision of the Services;
(3) When telecommunications services become unavailable due to services provided by telecommunications carriers;
(4) In the event it is difficult to provide the Services due to a power failure, fire, earthquake, labor dispute, or other force majeure;
(5) In the event there are other reasonable operational or technical reasons for the Provided Services;
2. The Company may modify or terminate all or part of the Services provided by publishing or notifying the Application Developer. The Company shall not be liable to the Application Developer for any change or termination in whole or in part of the Services provided.
3. The Company shall be entitled to suspend or suspend the provision of the Services provided by giving prior written notice, including e-mail, to the Application Developer in the event the Company determines that:
(1) In the event of a violation of any of the prohibitions of the Terms and Conditions herein by the Application Developer;
(2) When Client information is illegally collected.
(3) In the event the Application Developer does not comply with the Company’s documents, guidelines, etc.
(4) Under any circumstances that the Company deems the Application Developer or any act of the Application Developer inappropriate.
Article 20 (Measures after Termination)
Upon termination of these Terms and Conditions, the Application Developer shall cease using the Services provided and shall immediately destroy the documents and guidelines of the Company. If requested by the Company, the Application Developer shall notify the Company in writing, including by e-mail, that the application has been destroyed.
ARTICLE 21 (NON-WARRANTY)
The Company makes no warranty, express or implied, that there are no defects (including security-related defects, errors, bugs, or infringements of rights) with respect to the Services provided, nor are there any warranties of safety, reliability, accuracy, completeness, effectiveness, or fitness for a particular purpose. The Company is not obliged to provide the Services to the Application Developer to eliminate such defects.
Article 22 (Damages)
1. In the event the Application Developer causes damage to the Company due to the use of the Services (including the case where the Company has received a claim from a third party arising from such use), it shall be solely liable to compensate immediately for any and all damages (including, but not limited to, reasonable attorneys' fees).
2. In the event an Application Developer receives a claim, claim, demand, claim, objection, etc. (hereinafter referred to as "Claim, etc.") from a third party, including a user of the Service, that infringes the rights of such third party in connection with the Service, it shall settle such Claim, etc. at its own expense and on its own responsibility. In the event that the Company suffers damage in connection with such Claim, etc., the Application Developer shall be immediately liable to compensate for all such damage. In the event the Company resolves such claims, all costs incurred in resolving such claims shall be borne by the Application Developer.
3. The Company shall not be liable for any damage to the Application Developer caused by the Services, except as a result of our willful act or gross negligence of the Company.
4. In the event of damage to the Application Developer due to the Company’s gross negligence, the Company shall be liable to compensate for the damage within the scope of damage that can normally occur and up to the amount of the usage fee received from the Application Developer in the month such damage occurred.
Article 23 (Confidentiality)
The Application Developer shall keep confidential all of our confidential information (which means any and all information relating to our customers, products, services, businesses, technologies, know-how, ideas, concepts, etc., regardless of the method of disclosure thereof, which clearly indicates that such information is confidential at the time of disclosure, and the same shall apply hereinafter) and shall not disclose or divulge the Company’s confidential information to any third party without our written consent, except where disclosure is required by law.
Article 24 (Method of Contact)
1. Communication from the Company to the Application Developer regarding the Services will be made in such manner as the Company deems appropriate, such as by posting to the Services or to any appropriate location on the Company’s website.
2. The Application Developer for this service will contact the Company in the manner the Company designates.
Article 25 (Elimination of Antisocial Forces)
1. The Application Developer shall declare that it or its representatives, officers, employees, agents or intermediaries with substantial management authority (hereinafter referred to as the "Related Persons") does not currently fall under any of the following categories: Boryokudan members, quasi-Boryokudan members, Boryokudan affiliates, Boryokudan affiliated companies, general assemblers, social movement logos, political activity logos, special intellectual violent groups, or any person closely related to or similar to these (hereinafter referred to as the "Anti-Social Forces") and shall commit itself to not fall under the category in the future.
2. The Application Developer shall ensure that it or its Affiliates, directly or indirectly, do not:
(1) Violent demands
(2) Unreasonable demands beyond legal responsibility
(3) Acts of intimidating behavior (including, but not limited to, communicating that one's or its affiliates are anti-social forces) or using violence in connection with transactions
(4) Acts that disseminate rumors, use fraudulent means or force to damage our reputation, or interfere with our business
(5) Other acts similar to the above.
3. In the event the Application Developer is found to violate any of the representations or commitments set forth in the preceding two paragraphs, the Company may terminate these Terms and Conditions without any notice and suspend the provision of the Services. The Company shall not be liable to the Application Developer for any damage to the Application Developer caused by such termination.
Article 26 (Assignment and Succession of Status)
1. Unless agreed to by the Company, the Application Developer shall not assign its rights and obligations or contractual status with respect to these Terms and Conditions to any third party, pledge it as a collateral, or allow it to succeed to it.
2. In the event that the Company transfers all or any part of the Services to the affiliate companies of the Company or other third parties, the Company may assign its position hereunder to such third parties by publishing or notifying the Application Developer and the Application Developer shall agree in advance.
Article 27 (Relationship between the Code and Laws and Regulations)
Should the provisions of these Terms and Conditions be deemed to be inconsistent with the laws and regulations applicable to these Terms and Conditions, such provisions shall not apply to these Terms and Conditions to the extent such provisions are applicable. Provided, however, that this shall not affect the validity of any other provisions of these Terms and Conditions.
ARTICLE 28. (LANGUAGE, GOVERNING LAW AND JURISDICTION)
The original version of these Terms and Conditions are made in Japanese. In the event of any discrepancy between the Japanese version of the Terms and Conditions and the translation of these Terms and Conditions provided by the Company, the Japanese version shall prevail. Notwithstanding the principles of conflict of laws, these Terms and Conditions shall be construed and interpreted in accordance with the laws of Japan. Any and all disputes arising between the Company and the Application Developer in connection with the Services shall be settled at the Tokyo District Court as the exclusive jurisdictional court of first instance. Provided that, however, for the following two disputes, the Company hereby authorizes LINE Taiwan Limited the right to claim against the Application Developer on behalf of the Company, in which cases the laws of Taiwan shall govern, and the Taiwan Shilin District Court shall be the court having exclusive jurisdiction in the first instance:
1. An Application Developer fails to pay any payables related to the use of the Service; or
2. The Company determines that an Application Developer who resides in Taiwan violates any rights of a third party.
Established: August 26th, 2020
Amended: May 15, 2024
EXHIBIT
Terms and Conditions for the Sale of the Application
Article 1 (Definitions)
The following terms are used in the Terms and Conditions for the Sale of the Application:
1. “Trial” means a period during which Application Developer can use the application free of charge prior to the start of the paid period
2. “Trial and Trial Period Limits” means a duration between trials when trials on the same application are performed more than once for the same company or for the same LINE official account.
3. “Contract start date” is a date on which the contract between the Application Developer and the Client begins.
4. “Minimum length of contract” means number of days required in advance for Client to declare its intention to terminate the Contract.
5. “Termination of the contract” is a date on which the contract between the Application Developer and the Client will terminate.
6. “Deadline for notice of termination” means number of days required in advance for Client to declare its intention to terminate the Contract.
Article 2 (Trial):
The trial setting is optional, but to set it, choose from the following.
It will be provided free of charge for a certain period of time from the start and will be charged after the end of the period.
Article 3 (Trial and Trial Period Limits):
A period of at least one year shall be provided between the trial and the trial.
Article 4 (Contract start date):
Optionally (may be mid-month).
Article 5 (Minimum length of contract):
The period shall commence on the date on which the fee-charging period commences and end of the following month.
Article 6 (Termination of the contract):
It may not terminate in the middle of the month and shall terminate at the end of the month.
Article 7 (Deadline for notice of termination):
The maximum period is one month.