Article 1 Purpose
Article 2 Definitions
The following capitalized terms used herein shall have the corresponding meanings assigned to them below.
(1) "LINE" means the LINE communication service and related services operated and provided by the Company.
(2) "ID, etc." means the IDs and passwords for LINE Official Account used by Customers for use of the Service and other information necessary for use of the Service.
(3) "Customer(s)" means a person (whether natural or juristic person) who uses the Service.
(4) "User(s)" means a person who uses LINE via the LINE Official Account used by Customers.
(5) "Development Environment" means the "LINE Developers" website operated by the Company.
(6) "Service" means the service that enables Customers to send messages on LINE to Users (limited to Users who have provided consent to the Company for receiving messages via the Service) even if such Users have not registered to such Customers' accounts (hereinafter referred to as the "Customer Account") which are provided by LINE Official Accounts, by collating cell phone numbers of Users held by Customers (excluding fixed-line telephone numbers; hereinafter the same) or other information prescribed at each time by the Company (hereinafter referred to as the "Authorization Key") and the Authorization Key held by the Company.
Article 3 Contractual Relationship
2. The Company may, as necessary, change or add to the Service, or modify these Terms, by announcing or notifying Customers. Customer is deemed to have given their consents to such modification, addition or amendment if Customer continues to use this Service after such modification, addition or amendment.
3. A person who desires to use the Service shall agree to these Terms and apply to use the Service via the method designated by the Company. If the Company accepts the application, the applicant may use the Service in compliance with these Terms.
4. The contract in respect of the Service shall be valid from the Company's acceptance mentioned in the preceding paragraph until the termination or expiration of the contract period for the LINE Official Account used by Customers or to be used by Customers after application to the Company and agreeing to these Terms. If a Customer terminates the agreement for use of the Service on or before the expiration date of the period of the Service contract, the same conditions for termination under the usage agreement in respect of the LINE Official Account used by the Customer shall apply.
5. Contents, usage fee, due date for payment, etc. in respect of the Service (hereinafter referred to as the "Rate Plan, etc.") shall be decided by the Company and announced, or notified to Customers. Usage fee for Service shall accrue from the time Customers start to send messages by using the Service to Users via the Service.
6. The Company may change or add to the Rate Plan, etc. by announcing or notifying Customers to such effect.
Article 4 Management of Service
1. The Company shall provide the Service as addition to LINE Official Account used by Customers or to be used by Customers after application to the Company and agreeing to these Terms.
2. Customers need to acquire the ID, etc. designated by the Company to use the Service and API (as provided in Article 4.4 below). Customers shall manage their ID, etc., and usage of the Service with the due care of a prudent manager. Any act performed through usage of the ID, etc. held by Customers shall be deemed by the Company as the acts of Customers themselves.
3. In using the Service, Customers shall notify the Authorization Key held by Customers to the Company in the manner prescribed by the Company.
4. Customers shall refer to or download technical specifications and documents, etc. such as the Application Programming Interface (hereinafter referred to as "API") in relation to the Service (hereinafter referred to as the "Company Documents, etc.") via the Development Environment or via other methods prescribed by the Company.
5. Customers may designate a person to manage the development and operations of the Service (hereinafter referred to as the "Administrator") by inputting necessary items into the Development Environment. In such an event, Customers shall be liable for all acts performed by the Administrator in respect of the Service, and acts performed by the relevant Administrator will be deemed by the Company as the Customers own acts and accordingly hold Customers responsible under these Terms.
6. Without the Company's prior written consent, including consent through e-mail, Customers shall not permit any third parties other than the Administrator to use the ID, etc. (including access to the Development Environment and any other operation of the Service).
Article 5 Management of Information
1. Customers shall handle all information obtained by using the Service and API (including but not limited to personal information, and hereinafter collectively referred to as the "Information") as confidential information and shall use the Information solely within the scope necessary for using the Service.
2. Customers shall establish and maintain a framework pursuant to each item below to properly manage the ID, etc. and the Information:
(1) appoint a person to supervise management of the ID, etc. and the Information;
(2) limit terminal devices that provide access to the Service and strictly manage such terminal devices;
(3) when using any material in which the ID, etc. and the Information are recorded (or written), limit places for use and safekeeping, and strictly manage them in lockable cabinets or lockers, etc.;
(4) in addition to the three items above, establish a necessary framework (including but not limited to maintenance of a function to detect unauthorized access, training and audit) for proper management of the Information; and
(5) at the request of the Company, report to the Company the management framework in respect of the ID, etc. and the Information in writing, including by e-mail, to the extent reasonable.
Article 6 Matters to be Observed by Customers
1. Customers shall, at its own responsibility and cost, develop and release programs or systems that can be connected to LINE by using the Service (hereinafter referred to as the "Contents Provider Server") themselves, or using Contents Provider Servers provided by third parties.
2. Upon request by the Company, Customers shall report the project and function, etc. with respect to the Contents Provider Server (hereinafter referred to as the "Project Information") in advance in writing, including notice by e-mail, and obtain prior consent from the Company, and when instructed by the Company to make any changes, etc., Customers shall comply with such instruction. The Company shall handle the Project Information as confidential Customer information.
3. Customers shall ensure that their actions and operations on LINE using the Service (not limited to automatically-generated actions and operations, and including sounds and messages etc., which Customers send directly to Users) will not contravene the prohibited activities etc., set forth in the LINE Terms and Conditions of Use. In such case, the “User” in the LINE Terms and Conditions of Use shall be read and interpreted as “the Customer” in these Terms. for the application to Customer.
4. When sending messages to Users, Customers shall only transmit messages in compliance with criteria separately set forth by the Company in the guidelines, and shall not send messages for the purpose of advertisement or promotions, or which may cause a disturbance to Users etc. Customers shall only send transaction data, or information based on contractual obligation between Customers and Users including but not limited to information of payments, deliveries, reservations, Customer shall provide function to Users to be able to opt-out from receiving messages easily. The Company has the right to examine the contents of messages to be sent from Customers to Users and determine whether such messages may be transmitted, and Customers hereby accept such examination in advance.
5. Customers shall not send messages including personal information such as names, e-mail addresses and addresses, etc. and identifying information used for Customers' services, and other information which may cause material disadvantages to Users if misdirected.
6. To exchange LINE messages, etc. with Users via the Service, Customers shall display the following items on a screen that are recognizable by Users (including notification by messages, etc.). Customers shall also implement functions to obtain the consent of Users in respect of each item below where necessary and must comply with the matters shown and warranted to Users in accordance with this paragraph.
(1) Customers are responsible for managing any information of Users received or collected from Users (including but not limited to personal information; hereinafter referred to as "User Information"). Customers shall use such User Information within the scope of the purpose expressly stated by the Customer.
(2) If Customers have contracted to set up more than one Customer Account, Customers shall manage the User Information separately by each Customer Account, and shall not use any User Information obtained through a particular Customer Account in another Customer Account.
7. In respect of the development and operations of the Contents Provider Server, Customers provide the following representations and warranties.
(1) Development and operations of the Contents Provider Server meet the specifications and guidelines of the Contents Provider Server set forth in the Company Documents, etc. (including all documents or notifications issued to Customers for similar purposes regardless of their names; hereinafter referred to as the "Guidelines, etc.") and do not fall under prohibited activities set forth in the Guidelines, etc.
(2) No rights of any third parties (including but not limited to copyrights, moral rights, patent rights, trademark rights, design rights, utility model rights, trade secrets, honor rights, rights of portrait, rights of privacy, and rights of publicity; hereinafter referred to as the "Intellectual Property Rights, etc.") have been infringed.
(3) Does not contain contents which may be contrary to public order or morality (including but not limited to excessively violent expressions and/or images, explicitly sexual expressions and/or images, and/or other antisocial content) or violate any laws or regulations.
(4) Either the system developed, operated, and managed by Customers satisfies the requirements set forth in the "System Management Standards" prescribed by the Ministry of Economy, Trade and Industry of Japan and relevant applicable laws, or Customers have established an equivalent management system.
(5) The information collected by the Contents Provider Server is restricted to only such information deemed necessary for the operation of the Contents Provider Server by the Company, and the Contents Provider Server shall not obtain any passwords or PIN numbers, credit card information and other highly confidential information, or deliberately obtain any private information of Users.
(6) The Information shall not be provided or publicly disclosed to any third parties other than the Administrator and shall be managed separately under the respective Customer Accounts if Customers have contracted to set up more than one Customer Account.
8. Customers shall not perform any of the following acts in relation to the use of API:
(1) use API for any purpose other than usage of the Service in accordance with these Terms;
(2) reverse engineer, disassemble or otherwise decode source codes of API;
(3) use API to control equipment, etc. that may seriously threaten the life, body or possessions of a person;
(4) use API, by themselves or through third parties, for the purpose of receiving compensation;
(5) sell, lend or permit usage of API to any third parties without the prior written consent of the Company or in a manner other than as prescribed by the Company;
(6) use such number of APIs beyond the extent reasonably necessary or make improper use of API, or use API in contravention of the directions, etc. of the Company; or
(7) use API in situations that are inconsistent with the Company's purpose of providing the API, or use API in the manner or in situations that the Company considers inappropriate.
9. To use the Service or API, Customers shall obtain the consent of Users in a reasonable manner with respect to the following matters:
(1) when Customers collect Authorization Key from Users;
(2) when Customers provide Authorization Key collected from Users to the Company for the purpose of sending important messages via LINE to Users; and
(3) when engaging in any activity requested by the Company other than the foregoing.
10. Customers shall, separately from the consents, etc. set forth in Article 6.9 above, send descriptions of contents of the notification message to Users who receive messages of the Service for the first time, unless the Company permits the sending of such descriptions to be omitted.
12.In the event that Customers receive complaints, etc. from a third party including Users, or if a security incident or an accident such as the leakage of personal information, etc. arises in connection with the use of the Service and API, Customers shall notify such matter to the Company promptly in writing (including by e-mail). If separately requested by the Company, Customers are obliged to provide a reasonably detailed report of the claim or event to the Company.
13. If a dispute in connection with the use of the Service and API arises between a Customer and a third party including Users, such dispute shall be processed and resolved by the Customer at its own responsibility and cost. Unless otherwise notified by the Company, the Company shall not be involved in such dispute in any way, including mediation.
14. Customers shall comply with the LINE User Data Policy for matters not set forth in these Terms regarding treatment of User information. In the event of any conflict between these Terms and the LINE User Data Policy, these Terms shall prevail.
Article 7 Ownership and Use of Rights
1. Intellectual Property Rights, etc., including copyrights to documents, etc. provided by the Company to Customers shall belong to the Company or third parties licensed by the Company, and Customers shall not reprint, transfer, copy, disclose, transmit, distribute, assign, lend, translate, adapt or change the Company Documents, etc. and create derivatives thereof without the prior written consent of the Company.
3. Rights to information obtained by Customers through usage of the Service and API (messages, contents of telephone conversation and other additional information sent and received between Users and Customers via LINE (but excluding information stipulated under the preceding two paragraphs the rights to which belong to the Company); hereinafter referred to as the "Communicated Information") shall belong to Customers, and the Company shall not be obliged to protect any Communicated Information.
4. Customers shall provide consent in advance to the Company's collection of statistical information on the status of utilization of the Service by Users (including but not limited to information on the number of "unique users", and the number of messages and telephone calls and durations of telephone calls, etc., but excluding information on the specifics of communication, such as contents of messages or telephone conversations, unless otherwise provided for in these Terms).
5. In the event that Customers make any inventions, devices, or creations by themselves in connection with the use of the Service and API (hereinafter referred to as "Invention, etc."), Customers shall notify the Company of such Invention, etc. in writing, and the parties shall separately discuss and decide on the ownership of the right to the Invention, etc. (including patent rights, utility model rights, design rights, and copyrights, etc.). In the event of any filing of an application, such as an application for a patent, etc., regarding Invention, etc. (which means the filing of applications in respect of patents, utility models and designs, etc., including foreign applications), Customers shall discuss with the Company in advance to determine which applicant shall file the patent application.
6. Even if the right of the Invention, etc. is determined to vest with Customers, Customers shall, upon request of the Company, grant a perpetual right to exploit or use the Invention, etc. (including development and use of Customers' own software, etc. by any third party designated by the Company (hereinafter referred to as the "Licensee") or allowing a third party to use such software, etc.), without geographic or term limitation and free of charge to the Company or the Licensee, and Customers shall not exercise the moral right of an author to the Invention, etc. and shall not allow any third party to exercise the same.
7. In the event that the development and operation management of the Service and API is to be conducted by the Administrator, Customers shall set forth necessary provisions in the contract between Customers and the Administrator to avoid interference with Service operations pursuant to the preceding two paragraphs.
8. Customers shall provide consent in advance to the storage of the contents of telephone conversations and the Communicated Information between Customers and Users via the Service on Users' devices, and that such contents will be kept available to Users on a continuous basis.
Article 8 Suspension and Discontinuance of Service
1. The Company may suspend or discontinue all or part of the Service and API if any of the following occurs. In such event, the Company shall make reasonable efforts to minimize the effect of the suspension or discontinuance of the Service and API to Customers and Users.
(1) Inspection, maintenance, or construction, etc. of the equipment used for the Service and API;
(2) Occurrence of a failure of the equipment used for the Service and API; or
(3) Where it becomes impossible to use telecommunications services for reasons attributable to the services provided by telecommunications carriers.
2. In the event that the Company determines that a Customer falls under any of the following items, the Company may suspend or discontinue provision of the Service and API after providing a prior written notice, including notice by e-mail, to the Customer. Notwithstanding the foregoing, the Company may immediately suspend or discontinue the provision of the Service in exigent and unavoidable circumstances, and provide a written notice to the relevant Customer, including notice by e-mail, promptly thereafter.
(1) In the event that the Project Information is different from that to which the Company has consented;
(3) In the event that the Customer defaults in payment of usage fee for using the Service;
(4) In the event that Users' information is improperly collected by the Customer;
(5) In the event that the Customer is not in compliance with the guidelines, etc. prescribed by the Company;
(6) If any claims are made directly against the Company or any claims are made against the Customer or the Company on any media including but not limited to social media, etc., upon the Customer’s use of the Service; or
(7) In the event that the Company determines that the Customer has conducted itself inappropriately.
3. In the event that an User cannot send or receive a message or any other correspondence into the Contents Provider Server as a result of the interruption or disruption of communications between LINE and the Contents Provider Server due to any telecommunications equipment of Customers, the Company may, at its discretion, delete all or a portion of the relevant correspondence, and may suspend or discontinue provision of the Service without prior notice to Customers.
4. Customers hereby acknowledge and provide consent in advance that the suspension or discontinuance of the provision of the Service to Customers may have an effect on the communications between LINE and the Contents Provider Server, and that the Contents Provider Server may not function properly due to such suspension or discontinuance.
5.The Company shall not be liable for any damages to Customers or Users caused by the suspension or discontinuance of provision of the Service and API, including LINE services, regardless of the reason for such suspension or discontinuance.
Article 9 Warranty of Compliance and Non-Infringement
Customers represent and warrant to the Company that their provision of all services through the Service and API to Users complies with applicable laws and guidelines throughout the usage period of the Service and API. In addition, Customers warrant that there is no objection or claim from any third party in respect of the provision of the Service by Customers and if any objection or claim arises, it shall be resolved by Customers at their own responsibility and cost. In the event of a breach by a Customer of these representations and warranties set forth in this Article, the Company may immediately terminate the provision of the Service and API to the Customer without any liability, and the Customer will immediately compensate the Company for any and all damages incurred by the Company, as well as adequate amounts for the damages that the Company is required to pay to any third party (including but not limited to attorney's fees).
Article 10 Termination of Provision of Service
1. The Company may terminate provision of the Service and API to Customers by providing prior written notice, including notice by e-mail, to Customers in the event that Customers violate any of the provisions of these Terms and fail to take the requested remedial actions within a reasonable period of time specified by the Company.
2. If a Customer has not logged on to the administration screen of the Service for a period of six months or longer, the Company may suspend, discontinue or terminate provision of the Service and API to the Customer after the elapse of thirty days from the day on which it provided a prior written notice thereof, including notice by e-mail, to the Customer, provided that the Customer has not raised any specific objection within such thirty-day notice period.
3. Provision of the Service and API of the Customer Account shall be terminated as a matter of course if and at such time as the usage agreements between the Company and Customers in respect of the relevant Customer Account, based on which Customers use the Service and API, are terminated.
Article 11 Company 's Disclaimer and Customer's Obligation of Responding
1. The Service is provided "as is" and the Company does not provide any express or implied guarantee that the Service, including LINE service, and API are free from actual or legal defects (including but not limited to defects that affect safety, reliability, accuracy, completeness, validity, suitability for a certain purpose, legal compliance to use for certain purposes, defects related to security etc., errors and bugs, or infringements of rights).
2. Customers hereby acknowledge in advance, if either of the following occurs, that the Customer may be unable to send a LINE message to an User or that a message may be sent to a third party other than the User intended by the Customer. The Company shall not be liable for any damages to the Customer as a result thereof.
(1) Authorization Key held by the Customer is incorrect
(2) Authorization Key held by the Company does not match that held by the Customer
3.Customers shall take into account the possibility of transmission of message to a third party other than the User whom intended by the Customer as referred to in the preceding paragraph, and shall establish a point of contact to which Users who have received misaddressed messages may report and seek explanation thereof.
Article 12 Post-Termination Measures
Upon termination of usage of the Service by Customers or termination of the provision of the Service to Customers, Customers shall forthwith destroy the information to which the Company has rights as provided for in Article 7.2, the information to which Customers have rights as provided for in Article 7.3, and the Company Documents, etc. Details of the procedures for the destruction of the information, as provided for in Articles 7.2 and 7.3, shall be subject to the LINE User Data Policy.
Date of Establishment: December 1, 2018
Date of Last Update: October 1, 2020