These Terms and Conditions (hereinafter referred to as these "Terms") set forth the terms and conditions between LINE Corporation and/or a group company designated by LINE Corporation (hereinafter collectively referred to as the "Company") and the customer who wishes and agrees to be listed (hereinafter referred to as the "Application Developer") in connection with the exhibition at the LINE Official Account Store (hereinafter referred to as the "Service").
Article 1 (Definitions)
The following terms are used in these Terms:
1. "Application" is function(s) developed, customized and/or sold by the Application Developer to Users as a supplement function in LINE Official Accounts provided by the Company.
2. "Module Channel" shall mean the "LINE Developers", which contains information, etc. necessary for the Application Developer to develop the Application, and other websites separately guided by the Company, as well as the information system for developing the Application.
3. "Development Environment" means the development environment provided by the Company that is necessary for the introduction and listing of the Application by the Customer on the Service.
4. "Operator" means the person who administers Module Channel designated by a Customer.
5. "User" is any company or person who wishes to purchase Application from the Application Developer via this Service.
6. “Customer” means any company or person wishing and agreeing to place its Application on the Service.
7. "Individual Terms of Use" means, with respect to the Services, the terms and conditions separately distributed or posted by us under the names "Code," "Guideline," "Policy," etc., apart from these Terms.
Article 2 (Consent to these Terms)
1. The Application Developer must use the Service in accordance with the provisions of these Terms. The Application Developer will not be able to use the Service unless you agree to these Terms and Conditions.
2. If there is Individual Use Terms for the Service, the Application Developer must use the Service in accordance with the provisions of the Individual Terms of Use in addition to these Terms.
Article 3 (Amendment of the Terms)
The Company may amend these Terms within the scope of the purpose of this Service as deem necessary. In such event, the Company may inform the Application Developer of the revised content and effective date of the adjustment to these Terms in the manner set forth by the Company. Application Developers who continue using the Service after the change or adjustment, shall be deemed agree to such changes.
Article 4 (Method of listing)
1. The Application Developer must apply in the manner specified by the Company when using the Service. In such cases, the Application Developer must fill in true, accurate and complete information and must keep the Company updated of any modifications thereof.
2. If the Company gives its consent to use the Service in response to a Customer’s application in accordance with the preceding paragraph, the Company shall notify the Customer, and such acceptance shall constitute an agreement between the Company and the Application Developer for the listing of the Service (hereinafter shall be referred to as “Agreement”).
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. This Agreement shall be effective until the last day of the month to which one (1) year has elapsed from the date of this Agreement (“Term”). Provided, however, that this Agreement shall be extended for one year on the same terms and conditions unless the Company or the Application Developer express their intention to terminate this Agreement no later than three (3) months prior to the expiration of the Term, and the same shall apply thereafter.
2. The Application Developer may cancel this Agreement by indicating its intention to cancel this Agreement to the Company no later than three months prior to the expiration of the Term. This Agreement shall terminate on the last day of the month in which three months have elapsed since the manifestation of intention to terminate.
3. Any 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 application Developer)
1. In the Service, the Company will use personal information obtained from the Application Developer for the purpose of office processing, preventing unauthorized use of the Service, improving and development our services, including the Service, and create statistical data. Additional handling is subject to LINE Privacy Policy (https://terms.line.me/line_rules/?lang=en).
2. The Company will not provide the personal information of 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.
3. The Application Developer may request the Company to disclose, correct, add or remove any personal data the Company collect from the Application Developer. However, such disclosure, amendment, 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 the Development Environment for, or download therefore any technical specifications and documents, etc. (hereinafter referred to as the "Company’s Documents, etc.") that are necessary for development and introduction of 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 revised specifications of the Development Environment accordingly.
4． The Application Developer may designate the Operator by entering the required information on the Company’s designated website. At this time, the Application Developer shall be responsible for all actions relating to the Service 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 hereunder.
5． The Application Developer shall not allow any third party (except the Operator) to use the Service or the Development Environment (meaning access to the Service and the Development Environment and perform any other operations on the Service) 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 information; hereinafter collectively referred to as the "Information") obtained through the use of the Service and the Development Environment as confidential information and shall use it only within the scope of the purpose of this Agreement. 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/) under the responsibility of the Application Developer and the client.
In respect of all personal information (as defined under the applicable data protection laws) that the Application Developer may process, the Application Developer shall at all times comply with the applicable data protection laws, to which the Application Developer is subject, including but not limited to security measures and record of processing. For the avoidance of doubt, the data protection laws shall include (without limitation) the data protection and privacy laws to which the Application Developer is subject within its country of establishment.
7． In order to properly manage the Service, 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 handling of the Service, the Development Environment and the Information.
(2) Limit 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 (specified), restrict the place where it is used and stored and, if possible, strictly manage it in lockable cabinets or lockers, etc.
(4) In addition to the preceding three items, the Application Developer shall establish and organize a system necessary for the appropriate management of the Information (including, but not limited to, the establishment of detection functions for unauthorized access, education, and auditing); and
(5) Upon the Company’s request, reporting to the Company in writing (including by e-mail) the management system of the Services, Development Environment and Information within a reasonable extent.
Article 8 (Matters concerning the development/introduction 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.
(1) The specifications and guidelines for the various Module Channel designated by the Company (including documents or notices (in any name) to be delivered to the Application Developer for the same purpose, hereinafter referred to as the "Guidelines, etc.") shall be complied with and 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) Such development does not include contents that may harm public order or morality (including, but not limited to, excessively violent expressions, explicit sexual expressions, and other anti-social content) or 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, LINE Official Account API Terms of Use, and LINE User Data Policies or other relevant terms and conditions set forth by the Company.
(5) The system developed and managed by the Application Developer which linked to the Application (hereinafter referred to as the "System") can satisfy the items of the "System Management Standards" specified by Ministry of Economy, Trade and Industry, or can establish a management system equivalent thereto.
(6) The information collected by the Application/System is limited to information that is required for the operation of the User’s LINE Official Account and relevant services.
(7) The information gathered in the Application shall be used only for the provision of this Application to User, and shall not be used for other purposes of the Application Developer.
(8) Strict access restrictions shall be enforced on information on LINE Official Accounts held by User collected in the Application, and such information shall not be referenced or viewed without the consent of the User.
(9) In the event the User terminates the use of the Application developed by the Application Developer, all the information obtained on 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, upon the Company’s request, to report on 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 User, resulting from the Application, the applicable dispute shall be settled at the responsibility and expense of the Application Developer. In addition, the Company shall not be involved in any such dispute, including mediation.
Article 9 (Application Posting)
1. The Company shall post new applications from the Application Developer to the Service no later than the fifth business day of each month.
2. The Application Developer shall apply to use, suspend the Service with the Company or change any content in the Application no later than the 10th day of the month prior to the month in which it wishes to list, change or suspend the Application if it wish to do so.
3. In the event the Application Developer terminates the provision of the Application, it shall apply to us and notify the User no later than 3 months 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 ordering or inquiring about the Application from a User who has viewed the Service, it shall directly develop and implement the Application, settle the price, and perform other procedures required for sales with the User concerned.
2. The Application Developer shall represent and comply with the following matters in selling the Application.
(1) Represents and warranties that it has valid and applicable license and authority for the performance and sales of the Application to the Users pursuant to the applicable laws.
(2) Do not promote sales of products or applications that are not displayed in the Service, on the website of the Application Developer that transits or redirects from the Service.
(3) In selling the Application to the User, the Application Developer must comply with the Exhibit "Agreement Terms and Conditions Regarding the Sale of the Application" as attached to these Terms.
(4) In the event of any change in the terms and conditions regarding the sale that are detrimental to the User, such as an increase in the selling price of the Application, the User shall be notified 90 days prior to the date of such change.
(5) To report the sales performance of the Application to the Company in accordance with the method separately set forth by us.
(6) To stipulate in the terms of use stipulated by the Application Developer that the Application Developer will not use personal information, etc., of users (referring to LINE users; the same shall apply hereinafter) acquired on this Application for its own benefit.
(7) To acknowledge and accept that the sale and purchase transaction is directly between the Application Developer and the Users, and to ensure User’s acknowledgement on the same. Any claims or disputes regarding the sales between the User and the Application Developer shall be handled directly by the Application Developer’s own expense and responsibility.
3. The Application Developer shall establish a contact point for inquiries as a support system for User.
Article 11 (Use Fee, etc.)
The Company may determine the use fees, revenue sharing from the sales price of the Application as payable by the Application Developer to the Company (including payment method) upon giving prior announcement to the Application Developer to such effect. If the Application Developer does not agree with the aforementioned matter, the Application Developer shall promptly inform the Company accordingly. In such case, the Company may suspend the Service or apply other reasonable measures as deemed appropriate. The Company shall not be responsible for any damages this may occur.
Article 12 (Use of Trademarks, etc.)
The Application Developer shall comply with the Company’s logo usage guidelines and other guidelines established by the Company when using the Company’s trademarks or logos.
Article 13 (Ownership of Rights)
Any intellectual property rights, including copyrights related to the Company’s Documentation, etc. Guidelines, etc., shall belong to the Company, and the Application Developer shall not reproduce, forward, transfer, copy, publish, transmit, distribute, release, translate or adapt any documents release under the Service without the Company’s prior consent.
Article 14 (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 or deceiving to be the Company or a third party or intentionally circulating false or misleading information or publication
6. Any act of exchanging the use of the Service or content for cash, property or other commercial benefits in a manner other than allowed in these Terms
7. Acts for sexual or indecent acts, acts for the purpose of encountering or entertaining any third party, acts for the purpose of harassing or libeling a third party, or other acts for which use the Service for a purpose other than the intended purpose
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 information, registered information, usage history information, etc. of others
11. Any act that interferes with the server or network system of the Service, any act that improperly manipulates the Services using BOT, cheat tools or other technical means, any act that intentionally uses the defects of the Service, any act that unjustly makes inquiries or requests, such as repeating similar inquiries unnecessarily, or any other act that interferes with the operation of the Service or the use of the Service 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 15.12 above.
14. In addition to the above provisions, any act which the Company reasonably deem inappropriate.
Article 15 (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 16 (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 User’s information thoroughly and comply with these Terms, and shall be responsible for any actions by such third parties. In such case, the Company shall be entitled to hold the Application Developer liable for such third parties’ actions.
Article 17 (Entrustment and Business Alliance)
1. The Company may entrust any part or all of the provision of the Service to the Company’s group companies 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 on the Application Developer with respect to the Application (which shall not be personal information) 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, which the Application Develop consents to the same.
Article 18 (Suspension, Change, and Termination of Service)
1. The Company may temporarily suspend the provision of the Service, 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 we temporarily suspend the provision of the Services.
(1) Periodic or emergency maintenance and inspection of equipment necessary for the provision of the Provisioned Services
(2) In the event of any failure or failure in the equipment used for the provision of the Provisioned Services
(3) When telecommunications services become unavailable due to telecommunications carriers
(4) In the event it is difficult to provide the Provisioned 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 Provisioned Services by publishing or notifying the Application Developer. We shall not be liable to the Application Developer for any change or termination in whole or in part of the Provisioned Services.
3. The Company shall be entitled to discontinue or suspend the provision of the Provisioned Services provided by giving prior written notice, including e-mail, to the Application Developer if the Company finds that::
(1) In the event of a violation of any of the prohibitions herein;
(2) When User’s information is illegally collected;
(3) In the event of non-compliance with the Company’s Documents, etc. Guidelines, etc.; or
(4) In the event that the Company deem inappropriate
Article 19 (Measures after Termination)
Upon termination of this Agreement, the Application Developer shall cease using the Service and the Development Environment provided and shall immediately destroy the Company’s Documents, etc. and Guidelines, etc.. Upon the Company’s request, the Application Developer shall notify us in writing, including by e-mail, that it has destroyed the same.
Article 20 (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 Service provided, nor are there any warranties of safety, reliability, accuracy, completeness, effectiveness, or fitness for any particular purpose. The Company is not obliged to provide the Services to the Application Developer to eliminate such defects.
Article 21 (Damages)
1. In the event the Application Developer causes damage to the Company due to the use of the Service (including the case where the Company has received a claim from a third party arising from such use), it shall be liable to compensate immediately for any and all damages (including, but not limited to, reasonable attorneys' fees).
2. In the event the Application Developer receives a claim, demand, 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., it 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 damages to the Application Developer caused by the Service, except as a result of our willful act or gross negligence.
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 actual damage within the scope of damage that can normally occur.
Article 22 (Confidentiality)
The Application Developer shall keep confidential all of the Company’s 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 they are confidential at the time of disclosure, and the same shall apply hereinafter) and shall not disclose or divulge our confidential information to any third party without our written consent, except where disclosure is required by law.
Article 23 (Method of Contact)
1. Communication from the Company to the Application Developer regarding the Service will be made in such manner as the Company deem appropriate, such as by posting to the Service or to any appropriate location on our website.
2. The Application Developer for this service will contact us in the manner the Company designates.
Article 24 (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 this Agreement without any notice and suspend the provision of the Service. The Company shall not be liable to the Application Developer for any damage to the Application Developer caused by such termination.
Article 25 (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 this Agreement 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 our affiliate companies 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 26 (Severability)
Should the provisions of these Terms be deemed to be inconsistent with the laws and regulations applicable to these Terms, such provisions shall not apply to these Terms to the extent such provisions are applicable. Provided, however, that this shall not affect the validity of any other provisions of these Terms.
Article 27 (Language, Governing law and Jurisdiction)
The original version of these Terms are made in Japanese. In the event of any discrepancy between the Japanese version and the translation of these Terms provided by the Company, the Japanese version shall prevail. Notwithstanding the principles of conflict of laws, these Terms shall be construed and interpreted in accordance with the laws of Japan. Any and all disputes arising between us and the Application Developer in connection with the Service shall be settled at the Tokyo District Court as the exclusive jurisdictional court of first instance.
Established: August 26, 2020
EXHIBIT
Terms and Conditions for the Sale of the Application
1.
Item: Price
Contents: Price of the listing of Application
Conditions: N/A until further notice from the Company
2.
Item: Trial
Contents: Period during which you can use the Application free of charge prior to the start of the paid period
Conditions: The trial setting is optional, but to set it, choose from the following.
<period type>
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. The maximum period shall be one month.
<Monthly end type>
The service will be provided free of charge from the start to the end of the month and will be charged from the following month.
3.
Item: Trial and Trial Period Limits
Contents: 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.
Conditions: Provide a period of one year or more between trials.
4.
Item: Contract Start date
Contents: Date on which the contract between the Application Developer and the User begins
Conditions: Optionally (may be mid-month).
5.
Item: Minimum length of contract
Contents: Minimum contractual period for which the User must subscribe
Conditions: The period shall commence on the date on which the fee-charging period commences and end of the following month.
6.
Item: Termination of the contract
Contents: Date on which the contract between the Application Developer and the User will terminate
Conditions: It may not terminate in the middle of the month and shall terminate at the end of the month.
7.
Item: Deadline for notice for termination
Contents: Number of days required in advance for User to declare its intention to terminate the contract
Conditions: The maximum period is one month.