Terms of Service

Article 1 (Definitions)

In these Terms, the following terms shall be used:

1. "DM" refers to the method of communication called direct messaging in "Instagram" provided by Meta Platforms, Inc. (hereinafter referred to as "Instagram"), which involves the exchange of information between the Customer and the Customer's users (hereinafter referred to as "Users") using text, stamps, etc.
2. "Chatbot" refers to a system that automatically sends DMs from the Customer to Users in response to Users' reactions (likes, comments, etc.) to the Customer's posts on Instagram.
3. "DM Content" refers to text, images, etc. exchanged between the Customer and Users through DMs.
4. "Customer Content" refers to chatbot DM response templates, still images, Instagram accounts, etc., that the Customer registers with the Service when using the Service.

Article 2 (Agreement to and Application of Terms)

1. Customers must use the Service in accordance with these Terms.
2. When a Customer completes the online signup process, a service usage contract (hereinafter referred to as "this Usage Contract") based on the provisions of these Terms is established between the Customer and the Company.
3. If a Customer is a minor, they must obtain consent (including consent to these Terms) from a parent or legal guardian before using the Service. Additionally, if a Customer who was a minor at the time of agreeing to these Terms uses the Service after reaching the age of majority, they are deemed to have ratified their actions while a minor.
4. If a Customer uses the Service on behalf of a business entity, an authorized representative of that entity must agree to these Terms before using the Service.
5. Customers are deemed to have agreed to these Terms by actually using the Service.
6. If there are rules, regulations, notices, etc. (hereinafter referred to as "Regulations") regarding the use of the Service posted by the Company on the Service's website (hereinafter referred to as "Website") or on the Company's drive, the Regulations shall constitute part of these Terms, and Customers shall use the Service in accordance with these Terms and the Regulations. If there is any inconsistency between the content of these Terms and the Regulations, the content of these Terms shall prevail.
7. When starting the Service, Customers can use a 14-day free trial.
8. When starting the free trial, Customers can choose between monthly or annual payment plans.
9. To start the free trial, Customers must agree to these Terms and register a credit card for payment, which will be charged 14 days after the trial start date. If a separate provision regarding the free trial is made on the web, and if that provision differs from the content of these Terms, that provision shall prevail.
10. If a Customer uses the free trial and does not cancel by the end of that period, the Customer will automatically start using the Service, and this Usage Contract will be established between the Customer and the Company.

Article 3 (Registration for Use)

1. Those who wish to use the Service (hereinafter referred to as "Applicant") shall apply for registration in accordance with the method specified by the Company.
2. The Company shall review the application from the Applicant in accordance with the Company's standards, and when the Company approves the registration, it shall notify the Applicant to that effect.
3. The registration for use shall be completed when the Company sends the notification in the preceding paragraph to the Applicant, and the Usage Contract shall be established between the Customer and the Company.
4. The Company may not approve an application for registration if it determines that the Applicant has any of the following:
   1. If the Applicant has provided false information in the application for registration
   2. If the Applicant is a person whose registration has been canceled in the past
   3. If there is a risk of violation of laws and regulations or public order and morals
   4. If the Applicant is a member of an anti-social force or has a relationship with an anti-social force
   5. Other cases where the Company deems registration to be inappropriate

Article 4 (Account)

1. When registering for use, Customers shall register an Instagram account that they own or have legitimate authority to use.
2. Customers are responsible for appropriately managing their registered Instagram account, password, and other information necessary for using the Service.
3. Customers are responsible for any damage resulting from insufficient management of their Instagram account, password, or unauthorized use.
4. When registering for an Instagram account, if the Customer's Instagram account is suspended for any reason, deleted, or the Customer otherwise loses access to their Instagram account, they must promptly notify the Company and follow the Company's instructions.
5. The Company is not responsible for damage resulting from Instagram account management or unauthorized use.
6. Even if a Customer's Instagram account is suspended, deleted, or otherwise inaccessible, the Company shall continue to provide the Service based on the contract details. No refunds of usage fees will be made.

Article 5 (Usage Plans)

1. The Service's usage plans and fees shall be as specified on the Website.
2. Customers shall select a usage plan when registering for use. After registration, Customers can change their usage plan by contacting the Company's support desk.

Article 6 (Fees and Payment Method)

1. Customers shall pay the usage fees specified on the Website for their selected plan.
2. The payment cycle for usage fees shall be specified on the Website.
3. The usage fee payment method shall be by credit card payment or other methods specified by the Company.
4. If a Customer fails to pay the usage fee by the payment date, they shall pay a late fee specified by the Company.
5. If the payment of the usage fee is delayed, the Company may suspend the provision of the Service after notifying the Customer.

Article 7 (Prohibited Actions)

When using the Service, Customers shall not engage in any of the following actions:

1. Actions that violate laws and regulations or public order and morals
2. Actions related to criminal activities
3. Destruction or interference with the server or network function of the Service
4. Actions that may interfere with the operation of the Company's Service
5. Collecting or accumulating personal information about other users
6. Unauthorized access or attempting to do so
7. Impersonating other users
8. Directly providing benefits to anti-social forces in relation to the Company's service
9. Actions that infringe the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of the Company, other users of the Service, or third parties
10. Registering, publishing, or sending content that includes computer viruses or other harmful computer programs on the Company's Website
11. Actions that damage the reputation or credibility of the Company or other users of the Service
12. Using the DM function for advertising, marketing, or solicitation purposes unrelated to the purpose of the Service
13. Other actions that the Company deems inappropriate

Article 8 (Suspension of Service Provision)

The Company may suspend or interrupt the provision of the Service without prior notice to Customers if any of the following applies:

1. When performing maintenance or updates on the computer system for the Service
2. When provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
3. When computers or communication lines are stopped due to accidents
4. When the Instagram API becomes unusable
5. When Instagram changes its specifications
6. Other cases where the Company deems it difficult to provide the Service

Article 9 (Customer Content and DM Content)

1. Customers shall register only Customer Content for which they have legitimate authority when using the Service.
2. With regard to Customer Content, Customers grant the Company worldwide, non-exclusive, royalty-free, transferable, and sublicensable rights necessary for the Company's operation of the Service.
3. The ownership of all Customer Content registered with the Service and DM Content exchanged through the Service belongs to the Customer. However, the Company may use data generated from the Service's use, after processing it into a form that cannot identify individuals or specific Customers, for purposes such as improving the Company's services.
4. The Company does not guarantee the content of any communication with Users on Instagram through the use of the Service, including but not limited to chatbot functions.
5. The Company shall not be liable for any dispute between the Customer and Users or third parties arising from Customer Content or DM Content, and the Customer shall resolve such disputes at their own responsibility and expense.

Article 10 (Deletion of Customer Content and DM Content)

1. The Company may, at its discretion, delete any Customer Content or DM Content if it deems that it falls under any of the following, without notifying the Customer in advance:
   1. Content that violates or may violate laws and regulations or public order and morals
   2. Content related to criminal activities
   3. Content containing computer viruses or other harmful computer programs
   4. Content that may damage the reputation or credibility of the Company, other users, or third parties
   5. Content that is pornographic, obscene, or excessively violent
   6. Content that promotes discrimination or hatred towards individuals or groups
   7. Content related to or that promotes acts of self-harm or harm to others
   8. Content that infringes the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of the Company, other users, or third parties
   9. Other content that the Company deems inappropriate

Article 11 (Copyright)

1. Customers may only use information obtained through the Service within the scope authorized by the Company and may not use it beyond that scope without the Company's permission.
2. Customers shall not use (including but not limited to reproduction, transmission, distribution, translation, modification) information obtained through the Service beyond the scope of personal use without the Company's permission.
3. The copyright and other intellectual property rights related to the Service belong to the Company or parties who have granted rights to the Company.

Article 12 (Customer Responsibility)

1. Customers shall use the Service at their own risk, and shall bear all responsibility for actions taken through the Service and their results.
2. If a Customer causes damage to the Company or a third party through their use of the Service, the Customer shall compensate for that damage at their own expense and responsibility.
3. If the Company receives a complaint from a third party regarding a Customer's use of the Service, the Customer shall resolve it at their own responsibility and expense, and shall not cause any inconvenience or damage to the Company.

Article 13 (Changes, Additions, Discontinuation, and Interruption of the Service)

1. The Company may change, add to, or discontinue part or all of the Service without notifying Customers in advance.
2. The Company may temporarily interrupt the provision of the Service without prior notice to Customers for operational or technical reasons.
3. The Company may terminate the provision of the Service by notifying Customers at least one month in advance.
4. The Company shall not be liable for any disadvantage or damage incurred by Customers or third parties due to changes, additions, discontinuation, or interruption of the Service.

Article 14 (Termination of Service Use)

1. Customers may terminate the use of the Service by notifying the Company in accordance with the method specified by the Company.
2. Even after the termination of use, the Customer shall continue to be bound by legal relationships established between the Customer and the Company or between the Customer and other users or third parties during the use of the Service, as well as the provisions of these Terms that should remain in effect by their nature.
3. The Company reserves the right to delete any data registered by a Customer who has terminated the use of the Service, without taking measures to return or back up the data.

Article 15 (Damages)

1. If a Customer causes damage to the Company by violating these Terms, intentionally, or through negligence while using the Service, the Customer shall be liable to compensate the Company for all damages (including legal fees).

Article 16 (Change of Terms)

1. The Company may change these Terms at any time without notifying users in advance, when deemed necessary by the Company.
2. When these Terms are changed, the Company shall notify Customers of the effective date and content of the changed Terms by posting them on the Website or by other means prescribed by the Company.
3. If a Customer uses the Service after these Terms have been changed, the Customer is deemed to have agreed to the changed Terms.

Article 17 (Notification Method)

1. Notifications from the Company to Customers regarding the Service shall be made by the method deemed appropriate by the Company, such as posting on the Website.
2. Notifications from Customers to the Company regarding the Service shall be made by sending through the inquiry form set up in the appropriate place on the Website or by other methods specified by the Company.

Article 18 (Disclaimer)

1. The Company does not guarantee that there are no defects, including bugs, in the Service or regarding the conformity of the Service to the specific objectives of the Customer. The Company shall provide the Service on an "as is" basis.
2. The Company shall not be liable for any damage incurred by Customers due to the use of the Service, except in cases of intentional or gross negligence on the part of the Company. Even in cases where the Company bears liability for damages to the Customer for any reason, the maximum amount of damages shall be the amount of the usage fee paid by the Customer for the month in which the damage occurred.
3. The Company shall not be liable for any transactions, communications, or disputes arising between Customers and other users or third parties in connection with the Service.

Article 19 (Elimination of Anti-Social Forces)

1. The Company and the Customer hereby declare that they do not currently belong to and will not belong to anti-social forces in the future.
2. If a party is found to be in violation of the preceding paragraph, the other party may terminate this Contract without any notice. In such cases, the party that violated may not claim compensation for damages or expenses incurred by the termination.

Article 20 (Transfer of Status under these Terms)

1. Customers may not transfer, succeed, provide as security, or otherwise dispose of their rights or obligations under this Usage Contract, or their status under this Usage Contract, to any third party without the prior written consent of the Company.
2. If the Company transfers the business related to the Service to a third party, the Company may transfer its status, rights, and obligations under this Usage Contract, as well as application information and other Customer information, to the transferee or successor of the business transfer, and Customers agree to this in advance.

Article 21 (Survival Provision)

Article 4 (Account) paragraphs 5 and 6, Article 6 (Fees and Payment Method), Article 12 (Customer Responsibility), Article 13 (Changes, Additions, Discontinuation, and Interruption of the Service) paragraph 4, Article 14 (Termination of Service Use) paragraph 3, Article 15 (Damages), Article 18 (Disclaimer), Article 20 (Transfer of Status under these Terms), this Article (Survival Provision), Article 22 (Governing Law and Jurisdiction), Article 23 (Severability), and Article 24 (Resolution of Disputes), and provisions that should naturally survive based on their nature, shall remain effective even after the termination of this Usage Contract.

Article 22 (Governing Law and Jurisdiction)

These Terms shall be governed by the laws of Japan. Any disputes arising from or in connection with the Service between the Customer and the Company shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 23 (Severability)

Even if any provision of these Terms or part thereof is determined to be invalid or unenforceable based on the provisions of the law, the remaining provisions of these Terms and the remaining parts of the provision determined to be partially invalid or unenforceable shall continue to remain in full force and effect.

Article 24 (Resolution of Disputes)

If any matter not stipulated in these Terms or any doubt regarding the interpretation of these Terms arises, the Company and the Customer shall promptly resolve the issue through good faith consultation in accordance with the principle of good faith.