DeployGate Terms of Use

As of February 28, 2015

Article 1 Introduction

  1. DeployGate (hereinafter, the “service”) is an application delivery support service (including, but not limited to applications and web services) provided by DeployGate, Inc. Please agree to the DeployGate Terms of Use (hereinafter, the “Terms”) before using our service. Users of DeployGate (hereinafter, the “users”) must consent to the entire DeployGate Terms of Use.
  2. DeployGate, Inc. may revise the Terms at any time for any reason at its sole discretion. Any revision becomes effective immediately after it is displayed on the service and the users use this service, unless expressly stated otherwise by DeployGate, Inc.
  3. The service may have defined terms of use other than DeployGate Terms of Use. These provisions shall constitute a part of this agreement regardless of name. In the event of any conflict between the DeployGate Terms of Use and those Terms, the DeployGate Terms of Use shall prevail unless expressly stated otherwise by DeployGate, Inc.

Article 2 Account Registration

  1. To use DeployGate service, you must have agreed to the Terms of this agreement and registered an account in the DeployGate, Inc. prescribed manner. These Terms also apply to those who are able to use the service without account registration.
  2. Minors can use the service only with the consent of a person with parental authority.
  3. We might refuse use for any of the following reasons.
    (1) If user has registered an account without regard to the method described in Article 1 of these Terms.
    (2) If user has violated the Terms of this Agreement in the past.
    (3) If user has violated the terms of another service that DeployGate, Inc. provides.
    (4) User is otherwise deemed inappropriate by DeployGate, Inc.

Article 3 Account Management

  1. User must make an effort to prevent unauthorized use of the self-registered ID and password, and shall have all responsibility for the management of the ID and password.
  2. User shall not transfer or lend their account to a third party for any reason.

Article 4 Maintenance of Usage Environment

  1. User shall properly maintain the entire environment required by the service including, but not limited to hardware, software, and network infrastructure to use the service at his/her own responsibility and expense.
  2. User shall take security measures corresponding to his/her usage environment against any malicious conduct or malfunction including but not limited to computer viruses, unauthorized access, and leakage of information.
  3. DeployGate, Inc. shall not be liable for any usage of the user environment and any loss or damage arising therefrom.

Article 5 Change of the Service, etc.

DeployGate, Inc. may, for its own reasons, add, amend, suspend, or terminate the DeployGate service at any time for any reason.

Article 6 License Agreement for the Application, etc.

  1. If DeployGate, Inc. provides a service in the application, DeployGate, Inc. grants a non-exclusive and non-negotiable right to use the service at no charge to the user in accordance with the conditions established by these Terms. These Terms do not grant rights of use for upgrades to the service or version of the service to be developed in the future.
  2. DeployGate, Inc. may change the functionality of the service or specifications without notifying the user. At DeployGate, Inc.’s convenience, DeployGate, Inc. may restrict the use of some or all of the functions of the service, suspend, discontinue or terminate the service.
  3. User shall not reproduce the service in any form without permission, reprint, redistribute, etc. without prior written permission from DeployGate, Inc.
  4. Program data and related document files, etc. required for the operation and the display of the service may automatically change or upgrade without notice.

Article 7 Fees

  1. Fees for this service are specified separately.
  2. The Fees referred in the preceding paragraph shall be paid by the method DeployGate, Inc. specifies separately.
  3. DeployGate, Inc. will not issue a receipt for fees paid for this service.

Article 8 Penalty Interest

  1. If the user has delayed payment from the due date for payment of charges, the user shall pay DeployGate, Inc. the amount of penalty calculated at a rate of 14.6% per annum for the number of days until the day preceding the date before the date of the payment starting from the day following the due date.
  2. Required transfer fees and other expenses to be paid for the preceding paragraph shall be borne by the user.

Article 9 Cancellation

When the user stops the use of this service, the user shall make a request to DeployGate, Inc. in the prescribed manner. We shall not respond to any refund request for usage fees.

Article 10 Rights and Responsibilities related to Application Delivery

  1. Rights related to the use of the application delivered using DeployGate (hereinafter, the “application delivery”) belong to the user. The user shall grant a license to DeployGate, Inc. to the extent necessary to deliver an application using the Service.
  2. The users are responsible for Application Delivery. The users shall properly manage their own application delivery, ensuring that application delivery is legitimate.
  3. The user shall ensure to DeployGate, Inc. that the application delivery does not infringe the rights of third parties. If the user defames a third party, violate the right to privacy, discloses personal information of a third party without permission, commits an act in violation of copyright law, violates the rights of any third party, the user shall be responsible to resolve any consequences at their own expense.
  4. The user shall back up the Application Delivery. This is the sole responsibility of the user.

Article 11 Providing the Sample Application

  1. We may provide an application that can be used as a sample Application Delivery to users. (hereinafter, the “Sample Application”).
  2. Sample Application grants the user rights to use under the same conditions as in Article 6 of these Terms.
  3. A Sample Application is intended only to provide an example, application operation is not guaranteed, etc. to function properly.
  4. For any failure caused due to the sample application, we make no guarantees at all.

Article 12 Handling of Log Data

  1. The user can view a report on the service how the delivery application was used, recorded by log.
  2. For the data collected in the log in the preceding paragraph, DeployGate, Inc. can use the data to the extent necessary to provide the Service to our users, and the user shall agree to this.

Article 13 Handling of Personal Information

DeployGate, Inc. shall appropriately handle personal information in accordance with the Privacy Policy.

Article 14 Rules of Conduct

  1. A Developer shall not, by using the service, develop Applications that include any content that:
    (1) infringes or may infringe intellectual property rights, including but not limited to any copyright and trademark of DeployGate, Inc. or any other third party or entity;
    (2) infringes or may infringe property of DeployGate, Inc. or any other third party or entity;
    (3) discriminates or defames DeployGate, Inc., any other third party or any entity, encourages discrimination against and/or damage the reputation of DeployGate, Inc. , any other person or entity;
    (4) claiming to be someone other than themself, presents something even though there is no right of representation or authority of representation, purports to be in partnership with any other person or organization;
    (5) leads to or may lead to illegal activities including but not limited to fraud, abuse of prohibited or scheduled drugs, child prostitution, illegal trading of bank accounts and mobile phones;
    (6) act of sending obscene information such as child pornography, child abuse, and other cruel or obscene expression, the act of selling the medium that recorded such information, or sending them, acting to display advertisements to evoke sales;
    (7) act of use for the purpose of sexual, obscene, or other similar act;
    (8) designed to create an opportunity to date between unacquainted persons;
    (9) promotes a user to engage in illegal gambling;
    (10) undertakes to commit, brokers, or induces people to commit, any illegal act (such as transfer of handguns, manufacture of explosives, provision of child pornography, counterfeiting of official documents, murder, and intimidation);
    (11) solicits a user to commit suicide, acts such as introducing a method of suicide, or acts that present a high risk of harm to others
    (12) act of sending information regarding such as murder, injury scenes, corpses, other cruelty, providing someone with a sense of disgust, socially unacceptable, DeployGate, Inc. finds other user are likely to feel uncomfortable;
    (13) act of creating an endless chain ( pyramid scheme), or to solicit this;
    (14) rewrites or deletes without authorization information accumulated in the facilities of DeployGate, Inc.;
    (15) act to distribute viruses or harmful computer programs, code, and files which are designed to interfere and destroy or limit software, hardware, or electronic communication devices.
    (16) places or may place an undue load on the server of DeployGate, Inc. or any other third party or entity or obstructs or may obstruct the operation of the DeployGate service and network systems;
    (17) knowing that an act is applicable to any of the preceding items, act in order to encourage such an act;
    (18) violates or is deemed to violate statutes, laws, regulations, or violates or is deemed to violate third party rights in DeployGate, Inc.’s sole discretion;
    (19) otherwise deemed inappropriate such as an inconvenience to other users by DeployGate, Inc..

Article 15 Advertisement, etc.

  1. DeployGate, Inc. shall be able to display ads on this service.
  2. DeployGate, Inc. will notify of new services, deliver advertisements, communicate matters relating to service operation, and provide other information to a User; provided, however, that if a User notifies DeployGate, Inc. in a DeployGate prescribed method , in advance or at any time, that the User is not willing to receive such information, it will not be provided unless such information is necessary for providing the service.

Article 16 Prohibition of Transfer of Rights

The user can not relocate, transfer or otherwise dispose of the transfer of any rights or obligations under these Terms to a third party except as otherwise provided in these Terms.

Article 17 Limitation of Liability

If DeployGate, Inc. assumes responsibility for damages concerning the use of this service, we shall limit the liability DeployGate, Inc. bears to the price of one month of service the user has paid to us for this service or 100 yen, whichever is greater.

Article 18 Exclusion of Liability

  1. DeployGate, Inc. shall not be liable for any loss or damage arising from a change in this service, usage restrictions, interruptions, discontinuation of provided services, or termination except by intentional or gross negligence.
  2. DeployGate, Inc. shall not guarantee that the Application Delivery will be properly delivered. Also, DeployGate, Inc. shall not assume any responsibility for damages caused to users due to it.
  3. DeployGate, Inc. shall not guarantee anything about the content and the safety of the Application Delivery, DeployGate, Inc. shall not be responsible for damages caused by it.
  4. DeployGate, Inc. shall not be responsible for the all operation of this service, warranty of compatibility for a particular purpose, the accuracy and reliability of results related to the use, and shall not be liable for warranty of any content.
  5. DeployGate, Inc. shall not be responsible if display speed decreases or troubles arise due to high access volume or other unforeseeable causes.
  6. DeployGate, Inc. shall not be required to monitor or retain Application Delivery.  DeployGate, Inc. shall not be responsible or liable for any thing if there are any problems using the Application Delivery service.
  7. DeployGate, Inc. may inspect, retain, and disclose to a third party any information from the content of this Application Delivery , and shall not be liable for any loss or damage arising therefrom, in cases where: (1) it is necessary for analyzing the causes of, and resolving, any technical problems of this service;
    (2) DeployGate, Inc. receives an official inquiry from a court, police, or any other public body pursuant to laws and regulations;
    (3) in the judgment of DeployGate, Inc., these Terms have been or may have been violated, making it necessary for DeployGate, Inc. to check the content of the Application Delivery;
    (4) in the judgment of DeployGate, Inc., there is an imminent danger to the life, body, property, etc. of a person and an urgent need to conduct the Inspection, etc.;
    (5) it is otherwise necessary for operating this service properly;
  8. If, in the judgment of DeployGate, Inc., there are reasonable grounds to believe that a Developer has or may have violated the Terms of this service, DeployGate, Inc. may take measures it deems necessary against the user without prior notice such as deletion of the Application Delivery and limitation of the use of the service, etc., and shall not be liable for any loss or damage arising therefrom except by intentional or gross negligence. Users shall not dispute measures that we have carried out in accordance with the provisions of this section.
  9. If the Terms of Use for this service falls under a consumer contract provided for in paragraph 3 of Article 2 of the Consumer Contract Act (Act No. 61 of 2000), the provisions of the Terms of Use for these Terms that completely exclude liability of DeployGate, Inc. for damages shall not apply. In such cases, if any loss or damage is caused to a user as a result of default or tort committed by DeployGate, Inc., DeployGate, Inc. shall be liable for damages up to a maximum of one month of fees such a user has paid for this service to us or 100 yen, whichever is greater. However, if there is intentional or gross negligence by DeployGate, Inc., DeployGate, Inc. is not excluded from liability.
  10. Regardless the provisions of this Terms, DeployGate, Inc. shall not be responsible for damages listed in the following items regard to this service: (1) damages resulting from reasons not attributable to DeployGate, Inc. responsibility;
    (2) regardless of whether or not the circumstances were foreseeable, damages resulting from special circumstances;
    (3) damage caused by any act essential to provide this service, such as the maintenance;

Article 19 Governing Law and Jurisdiction

  1. The Terms of Use for these Terms shall be governed by and construed in accordance with the laws of Japan.
  2. Any and all disputes or questions arising between a Developer and DeployGate, Inc. in connection with this service or this Terms, etc. shall be resolved through good faith consultation between the said Developer and DeployGate, Inc., and shall, if not resolved through such consultation, be subject to the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court as the court of first instance.

Article 20 Other

  1. Even if part of the Terms is determined to be invalid on the basis of the laws and regulations, other provisions are effective.
  2. Even if part of the Terms is determined invalid or revoked in relation to some user, the Terms is valid to in relation to all other users.
This document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language (DeployGate Terms of Use (Japanese)). In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail.