Article 1. Definitions
The terms used herein shall have the meanings ascribed to them in each of the following items:
(1) “LINE” means the “LINE” messenger service and any related services operated by the Company.
(2) “Services” means the “Module Channel” provided by the Company.
(3) “Customer” means any company or person that uses the Services wishing to place its app on the LINE Marketplace.
(4) “Users” means the end users who use the Services.
(5) “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.
(6) “Development Environment” means the development environment provided by the Company which is necessary for the Customers to introduce the Services.
(7) “Operator” means the person who operates and manages the Module Channel designated by a Customer.
Article 2. Purpose
1. The Company provides the Services and Development Environment to the Customers who have agreed to these Terms, and the Customers shall use the Services and Development Environment in compliance with these Terms.
2. The Company shall limit the purpose of using the Services and Development Environment to the following scope, and the Customers shall use the Services and Development Environment within such scope:
(1) confirming the specifications of the system for the Services;
(2) estimating the manhours, etc. required for the development for introducing the Services;
(3) confirming technical specifications and documents, etc. that are necessary for the development for introducing the Services; and
(4) using the Services on a trial basis.
Article 3. Contractual Relationship
1. The Customers shall fill in the necessary information in the application form separately set forth by the Company and submit the same to the Company. If there are any discrepancies between any of the contents of these Terms and the application form, the contents of the application form shall be applied in preference thereto.
2. If the Company gives its consent to use the Services in response to a Customer’s application, the Company shall notify the Customer, by e-mail, of the information that is necessary for using the Services.
3.The Company may change the contents hereof, as well as the specifications of the Services and Development Environment, without giving prior notification to the Customers. The conditions for providing the Services and Development Environment in such case shall be subject to these Terms or the specifications of the Services or Development Environment, etc. after the change. Customers who continue using the Services after the change or adjustment, shall be deemed agree to such changes.
4.The period during which the Services and Development Environment are available to a Customer shall be one (1) year from the day on which the Services are provided to the Customer (the “Trial Period”), and the Customer may not use the Services or Development Environment for longer than the Trial Period unless the Customer obtains the Company’s prior explicit consent.
Article 4. Handling of Personal Information of Customers
3. The Customers may request the Company to disclose, revise, add and/or delete any personal information collected by the Company from such Customer; provided, however, that such disclosure, revision, addition and/or deletion shall be subject to procedures separately regulated by the Company, and separate charges may be required. Please contact the Company here (https://contact-cc.line.me/detailId/10078) for inquiries related to such disclosure, revision, addition and/or deletion, or for any complaints.
Article 5. Use of Test Channel
1. The Customers shall use the Services with the due care of a prudent manager.
2. The Customers shall refer to the Development Environment for, or download therefrom, any technical specifications and documents, etc. (the “Company’s Documents, etc.”) that are necessary for the development for introducing the Services.
3. The Customers may designate an Operator by entering the necessary information into the website designated by the Company. In this case, the Customer shall be responsible for any and all acts performed by such Operator in relation to the Services, and the Company may deem that the acts performed by the Operator have been performed by the Customer and hold the Customer responsible hereunder.
4. A Customer shall not allow any other third party (except for the Operator) to use the Services or Development Environment (which means to access the Services and Development Environment and to perform any other operations on the Services) without the Company’s prior written consent (including by e-mail).
5. The Customers shall manage, as confidential information, any and all information (including, without limitation, personal information; collectively, the “Information”) obtained by using the Services and Development Environment and shall use the same only within the scope specified in each item of Article 2 (Purpose), Paragraph 2. The Customers are also responsible for handling this information in accordance with the laws and LINE User Data Policy (https://terms2.line.me/LINE_Developers_user_data_policy/).
6. The Customers shall establish a system as set forth in the following items in order to properly manage the Services, Development Environment and Information:
(1) appointing a person responsible for supervising the handling of the Services, Development Environment and Information;
(2) limiting the terminal device accessible to the Services and Development Environment and strictly managing such terminal device;
(3) when using any tangible object in which the Information is recorded (specified), limiting the place where it is used and stored and, if possible, strictly managing the same in a lockable cabinet or locker, etc.;
(4) in addition to the three preceding items, organizing a system necessary for the appropriate management of the Information (including, without limitation, organizing a function that detects unauthorized access, as well as a system for 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 6. Matters regarding Introduction of the Services
1.Each Customer shall conduct the development necessary for introducing the Services at its responsibility and expense.
2.When conducting the development for introducing the Services, each Customer represents and warrants that:
(1) such development complies with the contents of the specifications and guidelines (including written documents and notices, in any name, issued to the Customer for a similar purpose; the “Guidelines, etc.”), etc. for each type of Services set forth by the Company;
(2) such development does not infringe upon any third party’s rights (including, without limitation, copyrights, moral rights of the author, patent rights, trademark rights, design rights, utility model rights, honorary rights, image rights, privacy rights, publicity rights and business secrets);
(3) such development does not include any contents that are likely to damage the public order or good morals (including, without limitation, excessively violent expressions, sexually explicit expressions or other anti-social contents) or any contents that are prohibited by applicable laws and regulations or any contents that can be defamatory or deemed inappropriate by the Company;
(4) the Services-linked system that is developed, operated and managed by a Customer (the “System”) satisfies the items under the “System Management Standards” set forth by the Ministry of Economy, Trade and Industry, or the Customer is able to establish a management system similar thereto; and
(5) the information collected by the System is limited to the information necessary for operating the relevant Services.
3. If a Customer receives a Complaint, etc. (as defined in Article 10.2) from a third party for a reason attributable to the System, the Customer shall promptly notify the Company of such matter in writing (including by e-mail) and, if requested separately by the Company, the Customer shall be obliged to report the details of such event to the Company within a reasonable extent.
4.If any dispute arises between the Customer and a third party, including a User, for a reason attributable to the System, the Customer shall handle and resolve such dispute at its responsibility and expense. In addition, the Company shall not be involved in such dispute, even as an intermediary therefor.
Article 7. Ownership of Rights
Any intellectual property rights, including copyrights, pertaining to the Company’s Documents, etc. and Guidelines, etc. shall belong to the Company and a Customer shall not reprint, forward, copy, release, transmit, distribute, assign, lend, translate or adapt any documents released under the Services without the Company’s prior consent.
Article 8. Discontinuance / Suspension of Provision
1.The Company does not provide any warranty, either expressly or impliedly, with respect to the Services, including LINE, as well as the Services and the Development Environment, that there are no de facto or legal defects (including, without limitation, any defects, errors and bugs, or any rights infringements, etc. with respect to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security, etc.).
2.The Company may discontinue or suspend the provision of all or part of the Services or the Development Environment even during the Trial Period set forth in Article 3, Paragraph 4 if:
(1) the Company is conducting a periodic or urgent maintenance check, etc. of the facilities that are necessary for providing the Services or the Development Environment;
(2) any failure or malfunction, etc. occurs to the facilities that are used for providing the Services or the Development Environment;
(3) the telecommunications service becomes unavailable for a reason attributable to the services provided by a telecommunications carrier;
(4) it is difficult to provide the Services or the Development Environment due to power failure, fire, earthquake, labor dispute or any other force majeure; or
(5) the Company otherwise finds that there is a reasonable, operational or technical cause to do so in terms of the Services or the Development Environment.
3.The Company may discontinue or suspend the provision of the Services or take down any contents, developments by giving prior written notice to the Customers (including by e-mail) if the Company finds that:
(1) the System falls under any of the matters that are prohibited hereunder;
(2) the System is unduly collecting the Users’ information;
(3) the System is not in compliance with the Company’s Documents, etc. or the Guidelines, etc.; or
(4) the System (including any contents thereof) is otherwise inappropriate.
4.The Customers agree in advance that the communication for the Services may be affected and the System may cease to operate properly due to the discontinuance or suspension of the provision of the Services, etc. or the Development Environment.
5.The Company shall not be responsible for any damage incurred by a Customer or User due to the discontinuance or suspension of the provision of the Services, etc., including LINE, or the Development Environment for any reason whatsoever.
Article 9. Suspension of Provision
1.If a Customer falls under either of the following items and still fails to correct the failure after being requested to correct the same within a reasonable period, the Company may discontinue the provision of the Services and the Development Environment by giving prior written notice to the Customer (including by e-mail):
(1) falling under any of the events set forth in Article 7 (Discontinuance / Suspension of Provision), Paragraph 3 or 4; or
(2) breaching any of the provisions hereunder.
2.Notwithstanding the provisions under the preceding paragraph, if a Customer fails to complete its update procedures after the day on which the Company gives the Customer prior notice in writing (including by e-mail) but by the date specified in such notice (the “Update Deadline”), the Company may suspend the provision of the Services and the Development Environment as of the Update Deadline.
Article 10. Compensatory Damages
1.If a Customer breaches any of these Terms and thereby causes any damage to the Company, the Customer shall be responsible for immediately providing compensation for such damage (including, without limitation, reasonable attorneys’ fee).
2.If a Customer receives a complaint, allegation, demand, claim or objection, etc. (collectively, a “Complaint, etc.”) from a third party (including Users) that the Customer has infringed upon such third party’s rights, etc., the Customer shall handle and resolve such Complaint, etc. at its responsibility and expense, and, if the Company incurs any damage in relation to such Complaint, etc., the Customer shall be responsible for immediately providing compensation for any such damage. If the Company handles and resolves such Complaint, etc., any and all costs required for handling and resolving such Complaint, etc. shall be borne by the Customer.
Article 11. Measures Taken After Termination of Agreement
1.After the termination of the Trial Period (except as granted from the Company under Article 3 (Contractual Relationship), Paragraph 4), a Customer shall immediately cease to use the Services and the Development Environment and shall promptly destroy the Company’s Documents, etc. and Guidelines, etc. Upon the Company’s request, the Customer shall notify the Company in writing (including by e-mail) that it has destroyed the same.
2.Notwithstanding the preceding paragraph, if a Customer is continuing to use the Services, the Customer may continue using the Company’s Documents, etc. and Guidelines, etc. only for the period during which the Customer uses the Services.
Article 12. Exclusive Jurisdiction
The Company and the Customer agree that either the Tokyo Summary Court or the Tokyo District Court, as determined depending on the amount of damages claimed, shall have the exclusive jurisdiction for the first instance over any disputes related to these Terms or the Service.
Article 13. Severability
If any of the provisions of these Terms is declared to be invalid or unenforceable by the court or any other competent authorities, the invalidity or unenforceability of such provision shall have no effect on the validity or enforceability of other provisions or related rules. The provision that is declared to be invalid or unenforceable shall be changed to a provision that reflects initial intent of the Company and the Customer in compliance with the laws.
Article 14. Mutual Consultation
The Company and Customer shall engage in good-faith mutual consultation to resolve any matter not set forth herein in accordance with the principle of good faith.
Date of establishment: July 3, 2020
Last updated: September 3, 2020