TERMS AND CONDITIONS OF USE FOR NOTIFICATION MESSAGES
Article 1 Purpose
This Terms and Conditions of Use for Notification Messages (this “ToU”) sets forth the terms and conditions of certain notification message service (the “Service”, as further defined in Article 2 hereof) provided to you pertaining to or together with your use of LINE Official Account and LINE Business Connect (collectively, the “Business Account Services”) provided by LINE Corporation (“we”, “Company”). Upon the initiation of your use of the Service, you are deemed to read and duly consented to this ToU.
Article 2 Definitions
The terms used in this ToU shall have the meanings as set forth in the following;
(1) “LINE” shall mean certain messaging service under the name of LINE and other related services thereof provided and operated by Company.
(2) “ID, etc.”shall mean the ID and password for LINE account used by Customer in order to use the Service, and other information required in order to use the Service.
(3) “Customer” “you” shall mean a person or an entity which uses the Service in accordance with this TOU.
(4) “End User” shall mean a consumer who uses LINE through the use of Customer’s Business Account Services.
(5) “Development Environment” shall mean a certain website provided and operated by Company currently named as “LINE Developers”.
(6) “Service” shall mean a certain service enabling Customer to send messages over LINE to End Users provide that the scope of End Users shall be limited to those whose consents for the Service were duly obtained by Company) by matching End Users’ telephone number (excluding land-line telephone numbers; the same shall apply hereinafter), or other information separately designated by Company (collectively, the “Authentication Key”) retained by Customer with such Authentification Key retained by Company, even when End User has not made friend registration of Business Account Services.
Article 3 Contractual Relationships
2. Company may modify, or add to, all or part of the Service, or amend the ToU, as necessary by making an announcement or notifying to Customer. 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. Those who wish to use the Service shall agree to this ToU and submit the application for use of the Service to Company by the way separately designated by the Company and use the Service in accrdance with the ToU upon the acceptance of Company.
5. The contents, usage fees, payment term etc .for the Service (the “Pricing Plan”) shall be determined and announced or notifed to the Customer. Usage fees for the Service shall be incurred from the moment when the Customer provides its services to End Users through the use of the Service.
6. The Company may amend, or add to, the Pricing Plan by making an announcement or notifying to the Customer.
Article 4 Management of the Service
1. The Service shall be the provided as an addition to the Business Account Services used, or to be used after the Customer’s consent to this ToU, by the Customer.
2. The Customer shall obtain ID, Etc. as prescribed by the Company in order to use the Service and the API (defined in the following pragraph). The Customer shall manage the ID, Etc. as a manager in good care when using the Service. Further, the Company shall have the right to deem any and all conduct carried out using the ID, Etc. held by the Customer as having been the Customer’s conduct.
3. In using the Service, the Customer shall notify Authentification Key maintained by the Customer in a method prescribed by the Company.
4. The Customer shall refer to or download the technical specifications and documents of the application programming interface (the “API”) (the “Company Documents”) relating to the Service which is accessed through the Development Environment or other method prescribed by the Company.
5. The Customer may designate a person to develop, operate, and manage the Service (the “Operator”) by entering the required information into the Development Environment. For the avoidance of doubt, the Customer shall bear all responsibility for all actions conducted by the Operator in relation to the Service. The Company shall have the right to deem actions by such Operator to be those of the Customer, and may demand that the Customer take responsibility as set forth under the individual contracts.
6. The Customer shall not allow any third party (excluding the Operator) to use the ID, Etc. (including but not limited to access to the Development Environment and any and all other operations of the Service) without obtaining prior written (including email) consent of the Company.
Article 5 Information Management
1. The Customer shall treat and manage any and all information obtained through its use of the Service and the API (including, but not limited to, personal information; collectively, the “Information”) as confidential information, and use it only to the extent necessary to use the Service.
2. The Customer shall establish and maintainthe systems set forth in the following items for the proper management of the ID, Etc. and the Information:
(1) appoint a person responsible for managingthe handling of the ID, Etc. and the Information;
(2) restrict devices that can access the Service and strictly manage such devices;
(3) when using tangible items on which the ID, Etc. and the Information are recorded or written, restrict the use and storage location and strictly manage the items, such as by placing them in a lockable cabinet or locker;
(4) in addition to the preceding three (3) items, create any systems necessary to appropriately manage the Information (including, but not limited to, the development of capability to detect unauthorized access, training for appropriate handling of information, and auditing of information handling); and
(5) provide a written (including email) report, to the extent reasonable, to the Company on the management systems for the ID, Etc. and the Information if requested by the Company.
Article 6 Customer's Obligations
1. The Customer shall, at its own cost and responsibility, develop and release a program or system that works with LINE using the Service (the “CP Server”), or use a CP Server provided by a third party.
2. The Customer shall inform the Company in writing (including email) in advance the plans for and features of the CP Server (the “Planning Information”) and obtain prior consent from the Company. Customer shall make modifications to the Planning Information if so instructed by the Company. The Company shall treat the Planning Information as the Customer’s confidential information.
3. The Customer’s actions on LINE when using the Service (including audio and messages, etc. sent directly to End Users by the Customer, whether automated or otherwise) must comply with 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 this ToU. for the application to Customer.
4. When sending messages to End Users, the Customer shall only send transaction data, including but not limited to information of payments, deliveries, reservations, and shall not send messages for the purpose of advertising or promotions, or which may cause a disturbance to End Users etc. Customer shall provide function to End Users to be able to opt-out from receiving messages easily. Company shall have the right to review the messages to be sent by the Customer to End Users and determine whether such message is able to be distributed on LINE and Customer hereby pre-agree to such Company’s rights.
5. When the Customer is to send personal information, including but not limited to names, email addresses, physical addresses, identifiers on the Customer’s service, or other information which could cause a material disadvantage to the End User if such information is mistakenly delivered End User who is not an indeded recipient of such information, the Customer shall take additional measures to verify identities of End User, and shall not send messages without performing such identify verification.
6. When using the Service to exchange messages over LINE with End Users, the Customer shall show the following items to End Users on a screen they can be made aware of (including but not limited to message) and obtain the consentfrom End Users as necessary, and must comply with the matters represented to the End Users based on the provisions of this paragraph:
(1) that the Customer is responsible for managing messages received from End Users and information collected from End Users (including but not limited to personal information; colletively, the “End User Information”) and may only use such information for the purposes explicitly indicated by the Customer;
(2) when Customer has entered into multiple contracts for Business Account Services accounts on LINE, that the End User Information shall be managed on a per-account basis, and End User Information obtained from one account cannot be used on another account which has not obtained such information; and
7. The Customer represents and warrants the following items in developing and operating the CP Server:
(1) the CP Server satisfies the specifications and guidelines (including documents or notices, regardless of name, delivered to the Customer for the same purpose; the “Guidelines, Etc.”) set forth in the Company Documents, and does not fall under any of the prohibited matters prescribed in the Guidelines, Etc.;
(2) the CP Server does not infringe on any third party rights (including, but not limited to, copyrights, author’s moral rights, patents, trademarks, design rights, utility model rights, trade secrets, rights to reputation, portrait rights, privacy rights, and right of publicity; “IP Rights”);
(3) the CP Server does not contain any content which is, or may be, in violation of public customs and morals (including, but not limited to, excessively violent expressions, overly sexual expressions, or other anti-social content) or content which is forbidden by applicable laws and regulations;
(4) the system developed, operated, and managed by the Customer satisfies items under the System Management Standards set forth by the Ministry of Economy, Trade and Industry of Japan, or has management systems that are of the same level;
(5) only that information collected by the CP Server which the Company has deemed necessary to operate the CP Server, does not collect passwords or passcodes, credit card information, or any other highly confidential information, and does not deliberately collect information concerning the End User’s privacy; and
(6) the Information shall not be provided or disclosed to a third party (other than the Operator) or publicly disclosed, and shall be managed on a per-account basis within the Service.
8. The Customer shall not perform any of the following acts when using the API:
(1) use the API for any purpose other than for using the Service in accordance with this ToU;
(2) reverse engineer, disassemble, or otherwise decipher the source code;
(3) use the API to control any facilities which could pose a substantial risk to a person’s life, body, or property;
(4) use, or allow a third party to use, the API for the purpose of receiving compensation;
(5) sell, rent, or allow the use of the API to any third party without obtaining prior consent in in a method designated by the Company including written consent;
(6) use or abuse the API which exceeds numbers which are reasonably necessary, or use it in a manner which does not comply with the instructions, etc. from the Company concerning use of the API; and
(7) use the API in a manner which differs from the purpose for which the API was provided, or use the API in a way or manner which the Company deems inappropriate.
9. The Customer must obtain consent from End Users, in the reasobable manner, for the matters set forth in the following items with regard to using the Service and API:
(1) that the Customer may obtain the End User’s Authentification Key;
(2) that the Customer may provide the Authentification Key obtained from the End User to the Company in order to send important messages over LINE; and
(3) in addition to the preceding items, all matters separately requested by the Company.
10. Separately from the consent, etc. set forth in paragraph 9 hereof, the Customer shall send End Users an explanation of the contents of the notifications when sending its first message through the Service, except when otherwise allowed by the Company.
12. In the event that Customer receives a complaint from a third party (including but not limited to End Users) or detects a security incident, includig but not limited to a leak of personal information in the use of the Service or API, the Customer shall bear the responsibility to promptly notify the Company of such matters in writing (including but not limited to email) and, if separately demanded by the Company, to report to the Company on the details of such event to a reasonable degree.
13. In the event that a conflict arises between the Customer and a third party (including but not limited toEnd Users) in the use of the Service or API, the Customer shall resolve such dispute at its own responsibility and cost. Company shall not become involved in any way, including mediating, in such conflict unless otherwise notified by the Company to the Customer.
14. Anything not set forth in this ToU, the Customer shall handle the End User Information in accordance with the LINE User Data Policy. If any of the terms of this ToU conflicts with the terms of LINE User Data Policy, the term of this ToU shall prevail.
Article 7 Ownership and Use of Rights
1. All of the IP Rights, including but not limited to the copyright, of Company Documents shall be owned by the Company or a third party licensor which has given the Company permission to use the same, and the Customer may not reprint, forward, duplicate, publicly disclose, transmit, distribute, assign, lend, translate, modify, make any deliverables thereof or adapt the Company Documents.
3. Rights to information obtained by the Customer through use of the Service and the API(including but not limited to, meaning sent and received messages, contents of voice calls, and other additional information between End Users and the Customer over LINE, but excluding the information set forth under the preceding two (2) paragraphs which is owned by the Company, collectively the “Communication Data”) shall be owned by the Customer, and the Company shall bear no obligation to protect the Communication Data.
4. The Customer hereby pre-agrees to the Company’s acquiring statistics regarding End Users’ use of the Service (including but not limited to, statistics on numbers of unique users and messages as well as number of calls and call length but excluding details of individual communications such as contents of messages or voice calls).
5. In the event that the Customer independently creates any inventions, devices, or creative work, etc. (an “Invention”) in relation to its use of the Service or API, the Customer shall provide written notice to the Company to that effect, and the ownership of the rights (including patent right, utility model right, design right, and copyright) for an Invention shall be determined upon separate mutualconsultation. Further, application for a registration of patent, etc. (including but not limited to applications for patents, utility models, or designs, and including international applications) for an Invention and the applicant shall be determined upon prior mutual consultation.
6. Even if the Customer becomes an owner of the rights to an Invention as the result of the mutual consultations set forth in the preceding paragraphs, the Customer shall, at the Company’s request, license to the Company or a third party designated by the Company (collectively, the “Licensee”), without any geographic restrictions, indefinitely, and at no royalties and cost, the right to practice or use the Invention (including but limited to for the purpose of development by the Licensee of its own software, etc., use of such software, etc., or allowing a third party to use the same), and shall not exercise its author’s moral rights or have any third party exercised author's moral rights.
7. In the event that the Operator performs any development, operation, or management pertaining to the Service or the API, the Customer shall provide any necessary provisions in a contract between the Customer and the Operator to ensure that there is no hindrance to the treatment under the provisions of the preceding two (2) paragraphs.
8. The Customer agrees in advance that the communication contents and information between the Customer and End Users from the use of the Service may be stored to End Users’ devices and may continue to be used by End Users.
Article 8 Suspension and Termination of Provision
1. When any of the following items occurs, the Company may suspend or terminate the provision of all or part of the Service and/or API. In such case, the Company shall notify the Customer by email, or provide notice through other method specified by the Company, as soon as possible about the facts and period, etc. of the suspension or shutdown of provision of the Service, and shall make reasonable efforts to minimize the impact to the Customer and End Users caused by the suspension or termination of provision of the Service and the API.
(1) an inspection, maintenance, or construction work, etc. on the facility used by the Service and the API.
(2) any faults or defects occur in the equipment used by the Service and the API; or
(3) When it becomes impossible to use telecommunications services for the reason attributing to services provided by a telecommunication operator.
2. In the event that the Company determines that any of the following items apply to the Customer, the Company may suspend or terminate the Service and the API upon sending advance written (including email) notice to the Customer; provided, however, that when urgent and unavoidable, the Company may immediately suspend or terminate the provision of the Service and promptly provide written (including email) notice after the fact with the Customer.
(1) When the details differ extraordinarily from the Planning Information approved by the Company;
(3) When the Customer’s payment of usage fees for the Service is in arrears;
(4) When End User Information has been wrongfully collected;
(5) When the Customer is not in compliance with the Guidelines, Etc. set forth by the Company
(6) When the Customer is otherwise deemed inappropriate by the Company.
3. If any communication including but not limited to message which an End User intended to input to the CP Server could not be sent to, or received by, the CP Server as the result of transmissions between LINE and the CP Server being congested or blocked due to the CP Server from the reason attributable to the Customer’s telecommunications facility connected to the CP Server, the Company may, at its sole discretion, discard all or part of such communicationand and may suspend or terminate the Service without providing any prior notice to the Customer.
4. The Customer agrees in advance that there are cases in which transmissions between LINE and the CP Server maybe affected and that the CP Server may not operate properly as a result of suspensions or termination of the Service.
5. The Company shall not bare any responsibility for damage incurred by the Customer or End Users, regardless of the reason, as a result of suspension or terminationof the Service (including but not limited to LINE) and the API.
Article 9 Warrantly of Customer
The Customer represents and warrants that (i)all of its services to End Users using the Service and the API shal be legitimate and comply with all applicable laws and regulations during all of the term of its use of the Service and the API, (ii) there shall be no claims from any third party with respect to Customer’s service and in the event if any claims occur despite the representation and warranty herein, Customer shall resolve such claims at its sole cost and responsibility. In the event that any of the warranty and representatin is breached, Company shall have the right to terminate the provision of the Service and the API immediately to Customer, without bearing any responsibility, and Customer shall compensate the Company in full for damages incurred and for an amount equivalent to the compensation for damages the Company bore to third parties (damages shall include, but are not limited to, attorney fees).
Article 10 Termination of Provision
1. In the event that the Customer has breached any of the terms of this ToU, despite Company’s request to cure within a reasonable period, and has not performed such cure, the Company may terminate provision of the Service and the API upon providing prior written (including email) notice.
2. If the Customer didn’t log in to the admin panel for the Service for more than six (6) months, and the Company sent a written notice to the Customer but the Customer did not protest within 30 days, the Company shall have the right to suspend, shutdown, or terminate the provision of the Service and the API from the day on which 30 days have elapsed from when the Company sent such notice.
3. In the event that the agreements between Customer and Company for the Business Account Services under which the Service and the API are being used has terminated, or that the Customer has changed to a Business Account Services plan which cannot use the Service, provision of the Service and the API shall terminate as a matter of course at the time of such termination or change.
Article 11 Disclaimers of Company and Customer's Obligation
1. The Service and the API is provided AS IS and the Company does not warrant, either explicitly or implicitly, that the Service (including but not limietd to LINE) and the API is free from de facto or legal flaws, defects, or errors (including but not limited to flaws, defects, or errors relating to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, or the legality of using for certain purposes, as well as security-related faults, errors, bugs, or rights infringements).
2. The Customer acknowledges in advance that, in the following circumstances, it may not be possible to send End Users messages over LINE, or messages may be sent to an intended person for Customer. The Company shall not bear any responsibility for damages incurred by the Customer resulting therefrom.
(1) When there is a mistake in the End User's Authentification Keystored by the Customer.
(2) When the Authentification Key in possession by the Company does not match the Authetification Key stored by the Customer.
3. In consideration of the possibility that messages may be sent to a person different from the End User the Customer is intended as a result of the cases in the preceding paragraph, the Customer shall provide a contact point for End Users who have received messages meant for another person to report such matter to the Customer and request an explanation.
Article 12 Measures After Termination
After use of the Service has terminated, or provision of the Service has terminated, the Customer shall promptly destroy the information set forth under Article 7.2 that is owned by the Company, the information set forth under Article 7.3 that is owned by the Customer, and the Company Documents. The specifics for deleting information falling under Article 7.2 and information falling under Article 7.3 shall be in accordance with the LINE User Data Policy.
Enacted: May 16,2017
Amended: September 25,2018