Revised as of October 1, 2020
Article 1 Introduction
- DeployGate Inc. may revise the Terms at any time for any reason at its sole discretion. DeployGate Inc. will notify Users of the effective date of revisions in a manner prescribed by DeployGate Inc. Revised terms shall become effective as of the effective date thereof.
Article 2 Account Registration
- To use the Service, Users must agree to the Terms and register an account in a manner prescribed by DeployGate Inc. Some functions may be available without account registration. These Terms shall also apply to those who are able to use the Service without account registration.
- Users who are minors may only use the Service by obtaining consent from a person with parental authority.
- A User may be denied use of the Service if any of the following applies:
(1) User does not register an account in accordance with Article 2, Section 1;
(2) User has been penalized or sanctioned for violating the Terms in the past;
(3) User has violated the terms of another DeployGate Inc. service and/or product;
(4) User is otherwise deemed inappropriate by DeployGate Inc.
Article 3 Account Management
- Users must make an effort to prevent unauthorized use of the self-registered ID and password, and shall assume all responsibility for the management of the ID and password.
- Users shall not transfer or lend their account to a third party for any reason.
- To maintain smooth operations of the Service, DeployGate Inc. reserves the right to delete any account that does not have any Fee (Article 7) payment activity or login activity for a period of one (1) year. Should account deletion occur, DeployGate Inc. shall be exempt from liability under Article 18.
Article 4 Maintenance of Usage Environment
- Users shall supply and properly maintain the environment necessary for using the service, including, but not limited to, hardware, software, and network infrastructure at their own responsibility and expense.
- Users shall take security measures appropriate to their usage environment to prevent any malicious conduct or malfunction, including, but not limited to, computer viruses, unauthorized access, and information or data breaches.
- DeployGate Inc. shall not be responsible for any portion of the usage environment and shall not be liable for any loss or damage arising therefrom.
Article 5 Changes to the Service
DeployGate Inc., at its sole discretion, reserves the right to add, amend, suspend, or terminate the Service at any time for any reason.
Article 6 Application License Agreement
- When DeployGate Inc. provides the Service in the form of an application, DeployGate Inc. grants Users a non-transferable and non-exclusive license to use the Service at no charge, in accordance with the Terms. The Terms do not grant licenses or rights for developments, upgrades, or similar future changes to the Service.
- DeployGate Inc. may change the functionality or specifications of the Service without notifying Users. DeployGate Inc., at its sole discretion, may restrict, suspend, discontinue, or terminate some or all of the functions of the Service.
- Users shall not duplicate, reprint, repost, or redistribute the Service or perform similar actions without prior written permission from DeployGate Inc. Users shall not modify, change, transform, reverse engineer, decompile, or disassemble the Service or perform similar actions.
- Program data, document files, and any other related items required for the operation and the display of the Service may be automatically changed or upgraded without notice.
Article 7 Fees
- Fees for the Service (hereinafter, the “Fee” or “Fees”) are specified separately. Should DeployGate Inc. modify these Fees, the Company will notify Users of the effective date of modifications in a manner prescribed by DeployGate Inc. Modified Fees shall become effective as of the effective date thereof.
- The Fees stated in the preceding section shall be paid by the method DeployGate Inc. specifies separately. Should DeployGate Inc. modify these payment methods, the Company will notify Users of the effective date of modifications in a manner prescribed by DeployGate Inc. Modified payment methods shall become effective as of the effective date thereof.
- DeployGate Inc. does not issue receipts for Fees paid for the Service.
Article 8 Penalty Interest
- Users shall pay DeployGate Inc. a penalty if they do not pay the Fee by the payment due date. The penalty interest is calculated at a rate of 14.6% per annum and shall be assessed for the number of days past due. Penalties accrue starting on the day after the payment due date and end on the day prior to the actual, delayed payment date. (For example, if the payment due date is the 10th and payment is made on the 15th, the penalty shall be calculated for four days, from the 11th through the 14th.)
- Transfer fees and/or any other expenses required for the penalties in the preceding section shall be borne by the User.
Article 9 Cancellation
Users shall request cancellation of the Service in a manner prescribed by the Company. DeployGate Inc. does not accept any refund requests for unused Fees.
Article 10 Rights and Responsibilities related to Application
- The rights for applications developed using the Service (hereinafter, the “Application” or “Applications”) belong to the User. To the extent necessary for a User to use the Service, Users shall grant a license for the Application to DeployGate Inc.
- Users are fully responsible for the Application. Users shall properly manage their Application, ensuring that their Application is legal and legitimate.
- Users shall guarantee to DeployGate Inc. that the Application does not infringe on the rights of any third party or entity. If the User defames, violates privacy rights, discloses personal information without authorization, violates copyright law, and/or violates any other rights of any third party or entity, the User shall be liable for any consequences and expenses.
- Users are solely responsible for backing up Applications and maintaining such backups.
Article 11 Providing of the Sample Application
- DeployGate Inc., on occasion, may offer a sample Application (hereinafter, the “Sample Application”) to Users.
- DeployGate Inc. grants Users the license to use the Sample Application under the same conditions as Article 6 of the Terms.
- The Sample Application is intended solely as an example and makes no guarantees as to its functionality or operability, normal or otherwise.
- DeployGate Inc. shall not be liable for any damage caused by the Sample Application.
Article 12 Handling of Log Data
- Users have the ability to view log reports that record how the Application was used by the Service.
- Users shall agree that DeployGate Inc. can use the data collected in the preceding section to the extent necessary to provide the Service.
Article 13 Handling of Personal Information
Article 14 Rules of Conduct
- Users, by using the Service, shall not engage in any of the following activities:
(1) Acts that infringe on or may infringe on intellectual property rights, including, but not limited to, any copyrights and trademarks of DeployGate Inc. and/or any other third party or entity; (2) Acts that infringe on or may infringe on property, privacy, and/or image rights of DeployGate Inc. and/or any other third party or entity; (3) Acts that discriminate or defame DeployGate Inc. and/or any other third party or entity or encourage discrimination against and/or damage the reputation of DeployGate Inc. or any other third party or entity; (4) Claiming to be someone other than themselves, presenting as someone else without having the right of representation or authority of representation, and/or purporting to be in partnership with any other person or organization; (5) Acts that lead to or may lead to illegal activities, including, but not limited to, fraud, abuse of prohibited or scheduled drugs, child prostitution, and/or illegal trading of bank accounts and/or mobile phones; (6) Acts of sending obscene information, child pornography, child abuse, and other cruel or obscene expression; transmitting or selling any medium containing such information; and/or displaying advertisements to evoke sales of such information; (7) Using the Service for the purpose of sexual conduct or obscene acts; (8) Using the Service for the purpose of meeting an unacquainted person or people; (9) Acts of engaging in, soliciting, and/or promoting illegal gambling; (10) Committing, brokering, and/or inducing any illegal act (including, but not limited to, transfer of handguns, manufacture of explosives, provision of child pornography, counterfeiting of official documents, murder, and intimidation); (11) Acts or expressions that induce or encourage a person to commit suicide and/or acts that introduce a method of suicide that may present a high risk of harm to others; (12) Acts of posting or transmitting excessively violent images or information, including, but not limited to, murder, injury, and corpses, any information that is socially unacceptable and/or causes disgust, and/or any other content that DeployGate Inc. deems likely to lead to the discomfort of others; (13) Acts of creating or soliciting an endless chain scheme (pyramid scheme); (14) Unauthorized access, rewriting, and/or deletion of data stored on DeployGate Inc.’s equipment; (15) Acts of distributing harmful or malicious viruses, computer programs, codes, files, and/or other items that are designed to interfere, destroy, and/or limit software, hardware, or electronic communication devices; (16) Acts that place or may place undue loads on the servers of DeployGate Inc. and/or any other third party or entity or acts that interfere or may interfere with the operations and/or network systems of the Service; (17) Acts that benefit or involves collaboration with Anti-Social Forces; (18) Acts that knowingly aid or encourage any acts stated in any of the aforementioned clauses; (19) Acts that violate statutes, laws, regulations, and/or public policies or acts that DeployGate Inc. deems, at its sole discretion, violate the rights of a third party or entity; (20) Any other act that DeployGate Inc., at its sole discretion, deems inappropriate, including, but not limited to, acts that cause inconvenience to other Users..
Article 15 Advertisements
- DeployGate Inc. reserves the right to display ads on the Service.
- DeployGate Inc. sends notifications about new services, delivers advertisements, communicates administrative and operational messages, and provides other information to Users. However, Users can opt out of such communications, in advance or at any time, by notifying DeployGate Inc. in a manner prescribed by DeployGate Inc. If a User submits an opt-out request, Users shall only receive communications required for providing the Service.
Article 16 Prohibition of Transfer of Rights
Users may not reassign, transfer, or otherwise dispose of their rights or obligations under the Terms to any third party, except as otherwise provided in the Terms.
Article 17 Limitation of Liability
Should DeployGate Inc. be liable for damages arising from the use of the Service, as compensation, DeployGate Inc. shall be liable for one month of Fees that a User has paid the Company for the Service or 100 yen, whichever is greater.
Article 18 Exclusion of Liability
- DeployGate Inc. shall not be liable for any loss or damages to Users that arise from changes to the Service or from the restriction, suspension, discontinuation, or termination of the Service, except by intentional or gross negligence.
- DeployGate Inc. shall not guarantee that the Applications will be properly delivered. Also, DeployGate Inc. shall not be liable for any loss or damages to Users caused therefrom.
- DeployGate Inc. shall make no guarantees regarding the content or the safety of the Applications, and shall not be liable for any loss or damages caused therefrom.
- DeployGate Inc. shall make no warranties regarding the operation of the Service, the suitability of the Service for a purpose, and the accuracy and reliability of results related to the use of the Service and shall not be liable for any defects.
- DeployGate Inc. shall not be liable for any loss or damages caused as a result of display speed reductions and/or failures arising from excessive traffic or other unforeseeable causes.
- DeployGate Inc. has no obligation to monitor or retain the Applications. DeployGate Inc. shall not be liable for any problems caused to Applications by using the Service.
- DeployGate Inc. reserves the right to inspect, retain, and/or disclose to a third party any content of the Application under any of the following conditions, and shall not be liable for any loss or damage arising therefrom:
(1) When it is necessary to analyze the causes of, and resolve, any technical problems of the Service;
(2) When DeployGate Inc. receives an official and lawful inquiry from a public institution such as a court or police;
(3) If an act that violated the Terms or may have violated the Terms has occurred, and DeployGate Inc., at its sole discretion, determines it is necessary to check the content of the Application;
(4) When DeployGate Inc., at its sole discretion, determines that there is an imminent danger to the life, body, and/or property of a person;
(5) If it is otherwise necessary for operating the Service properly;
- If DeployGate Inc. has reasonable grounds to believe that any of the following clauses applies to the User, DeployGate Inc. may take any measures it deems necessary against the User without prior notice, including, but not limited to, deletion of Applications and limitations on the User’s ability to use the Service. DeployGate Inc. shall not be liable for any loss or damage arising therefrom except by intentional or gross negligence. Users shall not dispute measures that DeployGate Inc. carries out in accordance with the provisions of this section.
(1) User is in breach of or may breach the Terms;
(2) User is a member of an Anti-Social Force or a related party thereof;
(3) User tarnishes DeployGate Inc.’s credibility or reputation by spreading false information, using fraudulent means, applying force, or employing any other methods;
(4) The relationship of trust with the User is lost and/or it would not be appropriate to provide the Services to the User.
- If the Terms for the 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 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 the Company, DeployGate Inc. shall be liable for damages up to a maximum of one month of Fees that a User has paid the Company for the Service or 100 yen, whichever is greater. However, if there is intentional or gross negligence by the Company, DeployGate Inc. is not excluded from liability.
- Regardless of the provisions of the Terms, DeployGate Inc. shall not be liable for any of the following damages related to the Service:
(1) Damages resulting from reasons not attributable to DeployGate Inc.’s responsibility;
(2) Regardless of whether or not the circumstances were foreseeable, damages resulting from special circumstances;
(3) Damages caused by any act essential to provide the Service, including, but not limited to, server maintenance.
Article 19 Governing Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of Japan.
- Any and all disputes or questions arising between a User and DeployGate Inc. in connection with the Service or the Terms shall be resolved through good faith consultation between the User 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
- Even if part of the Terms is determined to be invalid according to the law, other provisions shall remain valid.
- Even if part of the Terms is invalidated or revoked for some Users, the Terms shall remain valid for all other users.