Terms of Use

LikePay, Inc. (hereinafter referred to as "the Company") provides Evalut (hereinafter referred to as "the Service") based on these Terms of Use (hereinafter referred to as the "Terms"). . These Terms determine the terms of use of the Services provided by the Company and apply to all customers who use the Services.

Article 1 (Application to use this service)

1. When the customer completes the application procedure specified by the Company, these terms shall apply, and the customer shall be able to use the service from the same time.

2. In addition to the Terms of Use, the individual rules and regulations stipulated for the Services shall constitute a part of the Terms regardless of their names.

Article 2 (Compliance Items)

1. The customer shall not transfer or accept the rights and obligations as a user of this service to a third party or set pledges or provide other security.

2. The customer shall use the Services and all materials provided by the Company to the customer in connection with the provision of the Services with the care of a good manager.

Article 3 (Change of Terms)

1. We may change these Terms without your consent. In this case, the new content of the Terms of Use will apply.

2. Unless otherwise specified by the Company, the changed Terms shall apply since the moment the Company notified cutomer by a method set by the Company or since the changed Terms are published on the website specified by the Company.

Article 4 (Conclusion of contract)

1. You are deemed to have agreed to these Terms when you register for the Service.

2. You shall use the Service in compliance with these Terms.

3. Registration for the paid version shall be concluded when the customer has applied for the paid version and paid the usage fee by the prescribed method.

4. As a result of examining the application content for the paid version, if the application content or purpose of use is inappropriate, we may cancel the paid registration at our decision.

Article 5 (Non-guarantee)

Customer shall determine the reliability, accuracy, legality, non-infringement of the rights of third parties, suitability for specific purposes and usefulness of the contents of this service, You must use this service at your own risk. We assume no responsibility for these.

Article 6 (Use of Facebook API)

This service is provided using Facebook API. The Company does not take any responsibility for foreseeable or unpredictable indirect damages, such as consequential damages, incidental damages, lost profits, etc. of the contractor and third parties caused by changes in the specifications of Facebook's API, suspension or termination, etc.

Article 7 (Use of the paid version of this service)

In the paid version of this service, in addition to the limited functions that can be used in the free version, additional functions specified separately can be used. The paid version uses the following fee structure, payment method and cancellation procedure.

1. The fee for use of the paid service shall be determined separately by the Company, and the fee for use published on the Company's website shall be paid by the method determined by the Company.

2. The Company may change this service usage fee by making announcements or notices on the Company's website described in paragraph 1.

3. If the Company changes the usage fee in the middle of the period during which the customer continues using the service, the change will be applied to the customer who continue to use the service.

4. When the customer cancels the paid version, the customer shall perform the cancellation procedure according to the prescribed procedure, and upon completion of the cancellation procedure, it is considered that the use of the paid version has been canceled.

5. Even if the paid version is canceled in the middle of the contract period, the usage fee will not be prorated and the customer will pay the usage fee for the applicable period.

6. We will not refund any fees or other money you have already paid for any reason, except on the basis of legal obligations applicable to this service.

Article 8 (Prohibitions)

1. You must not engage in any of the acts specified in the following items.

(1) Developing, selling, or copying services similiar to this service or take similiar actions

(2) Acts that violate laws and regulations or violate public order and morals

(3) Acts that lead to fraud or other crimes

(4) infringe on the intellectual property rights or other rights ofour compnay or third parties, such as copyrights and trademarks

(5) Acts that infringe on portrait rights and privacy of third parties

(6) Acts that damage the Compnay or the third parties' properties or electricity or communication lines and other facilities, the use or maintanance of other facilities of the Company or third parties (including, but not limited to, facilities necessary for providing this service) or the operation and management of business.

(7) Acts of impersonating a third party to use the service or transmitting or displaying information

(8) act of erasing or altering the contents of the service or information that can be used by the service

(9) act of allowing a third party to use the Service without permission

(10) act of discriminating or slandering a third party or damaging its reputation or credibility

(11) obscene or child pornography or the act of transmitting or posting images, documents, etc. that constitute child abuse

(12) The act of opening or soliciting an infinite chain lecture

(13) The act of transmitting or posting harmful computer programs such as viruses

(14) Unauthorized Sending an advertisement, advertisement or solicitation email to a third party, or sending an email with a disgust (harassment email) to a third party

(15) acts that cause any other damage to the Company or third parties

(16) An act that may fall under any of the preceding items, or an act of using this service for any purpose or method that may fall under any of the preceding items

(17) Interest The transfer of all or part of the rights and obligations arising from the position and use agreement on the contract to a third party, to underwriting, or subjected to collateral Acts

2. If you do any of the actions listed in the preceding paragraph, you must immediately notify us and take action in accordance with our instructions.

3. The Company suspends the provision of all or part of this service without notifying the customer in advance if the customer performs any of the actions specified in each item of Paragraph 1 regarding the use of this service. Or the data stored in our server through the use of this service by the customer (hereinafter referred to as “the data”) can be deleted (the deletion is subject to the actions corresponding to each item of Paragraph 1) Including, but not limited to, relevant information). In the case above, we shall not be liable for any damages that may occur to you.

Article 9 (Handling of data)

1. The Company shall be able to freely use the Data as statistical data in a form that does not include information identifying the customer.

2. Customers must take backup of the Data at their own risk. The Company is not liable for any damages caused by the customer not obtaining a backup of the Data (including damages resulting from the loss of the Data).

3. The Company shall be able to delete the Data without the customer's consent if the usage contract is terminated.

4. Regarding the handling of customer's personal information, it is based on the privacy policy separately set by the Company.

Article 10 (Suspension of this service)

You acknowledge that the Company suspends the provision of all or a part of the Service, if the Company falls under any of the following items, or if the Company determines that it is likely to fall under any of the following items:  

(1) When it is necessary to inspect, repair, or update data of servers and software required for the operation of this service.

(2) When there is an unavoidable situation such as equipment failure. The Company may suspend the provision of all or part of this service without notice or notice to the customer.

When we suspend this service, we will not refund you in principle.

Article 11 (Suspension of the Service)

If we determine that a customer falls under any of the items of Article 15, Paragraph 1, the Company shall be able to suspend the provision of all or part of this service without notice or notification to the customer. When the service is suspended, we shall not, in principle, refund you.

Article 12 (Abolition of this service)

The Company shall be able to abolish all or part of this service by giving notice to the customer one month in advance. When we abolish this service, we shall not, in principle, refund you.

Article 13 (Disclaimer)

1. The Company shall not be liable for any damage caused to the Customer due to the suspension or discontinuation of the Service pursuant to the preceding three Articles. The Company shall not be liable for any delay or inability to implement all or part of these Terms due to natural disasters, wars, riots, civil wars, alliance strikes, disputes, or other force majeure.

2. In any case where the Company is liable for damages to the customer based on these terms, the scope of damages the Company should compensate for the customer is the direct and ordinary damage that the customer actually suffered due to our actions And the total amount of the Service Fee actually received by the Company from the customer in the last one year shall be the upper limit.

3. Except as expressly set forth in these Terms, the Company shall not be liable for the provision of the Services to you or any third party and for any damages arising from your use of the Services.

4. We will respond as soon as possible to errors due to changes in Instagram or Facebook API specifications or server failures, but we do not guarantee.

Article 14 (Attribution of Intellectual Property Rights)

1. The copyright and all other rights related to the Service belong to the Company or a third party who has licensed the Company, and these rights shall not be transferred to the Customer. You shall not use our trade names, trademarks, marks and logos without our prior written consent.

2. You may not copy software, programs, materials, etc. relating to the Service (however, as long as you need to use the Service, you are not prohibited from copying materials used for your internal use), Provide, transfer, distribute, lend, transmit, modify, translate, reverse engineer, decompile, disassemble, or otherwise infringe on our intellectual property rights pertaining to the Services.

Article 15 (Cancellation)

1. If the customer or the Company falls under any of the following items, the other party can cancel all or part of the usage contract in the future only by giving notice without any notice.

(1) When the other party has issued a notice issued for a considerable period of time in violation of the Terms and does not correct it.

(2) Suspension of business or cancellation of business license or business registration from the regulatory authority

(3) When there is a petition for seizure, provisional seizure, provisional disposition, compulsory execution, auction as the execution of a security right, or bankruptcy proceeding, civil rehabilitation proceeding, company rehabilitation proceeding, etc.

(4) When it is dissolved (except in the case of a merger), when liquidation starts, or when the entire business (including substantially all cases) is transferred to a third party

(5) When a clearinghouse receives a dishonored disposition, or when payment is suspended or insolvency occurs (6) When a law is violated

(7) A person falls under anti-social forces or is anti-social Is found to have a relationship with For when

(8) the customer, when that there is a false or an error in the description of the application form was found, but for the avoidance of doubt, termination rights under this paragraph shall only we have.

(9) When the other party determines that it may fall under any of the above items, or when there is other reasonable grounds that it is difficult to fulfill the obligations.

2. If the Company or the customer falls under any of the items in the preceding paragraph, the other party may claim compensation for damages incurred thereby regardless of whether or not the contract has been canceled.

3. In the event of a termination of your subscription, you will lose your time-limited profits and have to pay your obligations to us immediately.

Article 16 (Confidentiality)

1. The Company and the customer must not disclose the information disclosed by the other party (hereinafter referred to as "confidential information") to the third party without the prior written consent of the other party, clearly indicating that the information is confidential. And must not be used or copied beyond the scope necessary to fulfill the usage contract. When either party discloses confidential information only orally, the party shall clearly state that the information is confidential at the time of disclosure, and within 30 days after the disclosure, together with the content of such information, shall make such information confidential. A written or e-mail stating that this is the case must be sent to the other party.

2. Notwithstanding the provisions of the preceding paragraph, the following information shall not be classified as confidential information.

(1) Information that was known at the time of disclosure or provision by the other party;

(2) Information that was already owned by oneself at the time of disclosure or provision by the other party;

(3) Information that became public after disclosure or provision by the other party without breach, omission, negligence, etc.

(4) Information developed independently without any information disclosed or provided by the other party (5) Any confidentiality obligation

(5) Information disclosed legally by a third party without burden. Notwithstanding the provisions of paragraph

3. the Company and its customers, who need to know confidential information in order to fulfill the usage agreement, or their affiliates ("Rules on Terms, Forms and Preparation Methods for Financial Statements," Refers to an affiliated company specified in Article 8, Paragraph 8. In the relevant provisions of the Regulations, “the company submitting financial statements” shall be deemed to be replaced by the Company or the customer), officers, employees, lawyers, You may disclose confidential information disclosed by the other party to tax accountants, certified public accountants, and other professionals who have a duty of confidentiality based on laws and regulations. In addition, if the Company provides all or a part of the services provided by a third party as the Services, or if the business related to the provision of the Services is subcontracted to a third party, the Company will fulfill the usage contract To the extent necessary to disclose your confidential information to such third parties.

4. In the event that disclosure of confidential information is requested by a court or other public organization, etc. in accordance with the provisions of laws and regulations, the Company and the customer shall be able to disclose confidential information to the extent necessary to comply with such request. You. In this case, the Company and the Customer shall promptly notify the other party of the receipt of such request, and shall take the necessary measures to protect the other party's confidential information as much as possible. The same shall apply when disclosure or disclosure of confidential information is required based on the rules of the Financial Instruments Exchange. If the Company or your affiliate company receives such a request, the affiliate company shall be able to comply with such request, provided that the party having the affiliate company performs the actions prescribed in this section.

5. Upon termination of the usage contract or upon request from the other party, the Company and the customer must immediately return the confidential information to the other party, or destroy or delete it according to the other party's instructions.

6. The confidentiality obligation under this section shall survive for three years after the termination of the contract.

7. If a separate confidentiality agreement (regardless of the contract name) is concluded between the Company and the customer regarding the use of this service, the provisions of the confidentiality agreement shall apply in preference to the provisions of this section. You and shall.

Article 17 (Compensation for damages)

If the Company incurs damages due to the breach of this Agreement, the customer must compensate for any damages and expenses (including lost profits and legal fees). not.

Article 18 (Exclusion of Anti-Social Forces)

1. The Company shall be responsible for providing anti-social forces, such as gangsters, gangsters, right-wing organizations, Means anti-social forces, other equivalents, and those who have a close relationship with them. The same shall apply hereinafter), by notifying the customer in writing without a notice You may immediately terminate these Terms in the future.

2. The Company will be the party of the party to which the customer has concluded in connection with this Agreement (hereinafter referred to as the “related contract”) or the agent of the party to the concluding of the relevant contract or the person who has mediated the concluding of the relevant contract. If it turns out that it is an anti-social force, it may ask the customer to cancel the relevant contract and take other necessary measures.

3. If you have sought to take the necessary measures based on the preceding paragraph and you have refused it without justifiable reason, we will immediately notify you of this Agreement by notifying you in writing without any notice. May be canceled.

4. Except as provided in the preceding paragraphs, the Company assumes that your Directors, Auditors, Employees and other Members, Shareholders, Business Partners, Advisors and other Advisors are antisocial forces, If the Company finds that it has engaged in any kind of exchange or involvement with antisocial forces, such as by cooperating or participating in the maintenance, operation or management of antisocial forces, through funding or other means, If this is not resolved within a considerable period of time after receipt, you may immediately terminate the Terms in the future by giving notice to you in writing.

5. The Company, which has canceled these Terms and Conditions pursuant to this Article, shall not be liable for any damages caused to you by such cancellation.

Article 19 (Usage period)

If the customer does not perform the prescribed cancellation procedure by the expiration date of the service period, the Company will continue to use the service based on these terms even after the day following the expiration date of the use period The period shall be renewed.

Article 20 (Matters to be discussed)

The customer and the Company shall fulfill the use contract in cooperation with each other, and shall discuss and resolve in good faith any matters not provided for in these Terms and any matters in which doubt arises. Shall.

Article 21 (Confirmation of Applicable Laws)

Of the matters stipulated in this agreement, those that are prohibited or invalid under applicable laws and regulations regarding transactions between our company and customers based on this agreement have no effect, and our company and customers do not Transactions shall be conducted in accordance with the rules.

In the event that it is possible to constitute a contract that does not violate laws and regulations by modifying the contents of such provisions, the Company and the customer shall, to the extent permitted by law, comply with the provisions of such provisions (conditions).

Article 22 (Terms of Survival)

Regardless of the expiration of the term of use of this service, Articles 12, 16, 17, 17 and 19 of these Terms and the provisions relating to your obligations under these Terms shall survive.

Article 23 (Governing Law and Jurisdiction)

This Agreement shall be governed by the laws of Japan, and any dispute arising out of or in connection with this Agreement shall be made by the Tokyo District Court as the exclusive jurisdiction court of first instance.