OA Plus Terms and Conditions of Service
The OA Plus Terms and Conditions of Service (the “Terms”) set forth the terms and conditions for use of a service provided by LY Corporation and distributed by LINE Plus Corporation and its affiliates (hereinafter collectively referred to as the "Company") that provides advanced features to LINE Official Account through different plugins provided by the Company or any third parties approved by the Company (hereinafter referred to as the "Service"). The Service is an additional service related to the LINE official account and the Terms shall apply in conjunction with LINE Official Account Terms of Use, LINE Official Account API Terms of Use, Major Terms and General Terms and Conditions of the Services, and LY Corporation Common Terms of Use (Collectively “Related Terms of Service”). In the event of a conflict among the Related Terms of Service, the Terms will prevail. The Terms will be the highest priority and Related Terms of Service will follow (respectively). A customer is responsible for compliance with all applicable laws and regulations when using the Service. Any capitalized terms not defined herein shall have the meaning(s) set forth in LINE Official Account Terms of Use.
1. Agreement to the Service
A customer shall only apply to use the Service after having recognized that the customer will be required to provide consent to the Terms and Related Terms of Service starting use of the Service, and the Service cannot be used unless the customer provides consent thereto.
The Company may modify these Terms and the contents of the services, etc. provided by the Service by providing customers with an announcement or notification to such effect, as needed. If a customer continues to use the Service following such modification, such customer shall be deemed to have consented to such modification of these Terms and the contents of services, etc.
2. Provision of the Service
The customer acknowledges and agrees that the Company owns, develops, operates and provides the Service as only a technology platform for a customer to connect and/or integrate advanced features or a plug-in software/service to LINE Official Account through different plugins provided by the Company or any third parties as approved by the Company. Before accessing or using the advanced features or plug-in software/service provided by Company or any third party, the customer shall agree and accept to specific terms of use and/or other terms and conditions and shall acknowledge Privacy Policies which are applicable to the use of each advanced feature and/or plug-in software/service.
3. Suspension or termination of Use of the Service
In the event that the Company determines at its sole discretion that any of the following circumstances is applicable to the customer, the Company may suspend or terminate the use of the Service at any time without notice:
1. The customer was, even once, suspended or rejected or terminated to use any services provided by the Company;
2. The customer registers or displays information which is incorrect or out of date on LINE Official Account or the Service;
3. The customer engages or involves the Prohibited Activities as set forth in Article 7 (3) hereof; or
4. Other instances where the use or the registration of the customer of LINE Official Account or the Service is deemed by the Company to be inappropriate.
4. Grant of License
A customer hereby grants the Company a non-exclusive, royalty-free, worldwide and irrevocable license to collect, copy, publish, use, reproduce, distribute, share, disclose, transmit, and display information about the Content. The license granted hereunder shall include but is not limited to the right under the Article 27 and Article 28 of Japanese Copyright Act.
5. Intellectual Property Rights
The intellectual property rights in and to the Service and any components thereof provided by the Company such as software, source code, programs, information, materials, contents, structure, layout, design, etc., in whatever forms (“Intellectual Property Rights”) are owned by the Company; such Intellectual Property Rights include but are not limited to trademarks, patents, copyrights, trade secrets and know-how. No one may use, copy, modify, reproduce, publicly broadcast, publicly transmit, publicly perform, modify, distribute, circulate, publish, perform, reverse engineer, decompile, or disassemble such Intellectual Property Rights without the consent of the Company or other rights holders (as the case may be).
6. Third-Party Software/Service
When the customer is using the advanced features or plug-in software/service provided by a third party, the customer acknowledges and agrees that the customer is using the advanced features or plug-in software/service from a third party not from the Company, and the Company shall not make any kind of warranties or representations of such advanced features or plug-in software/service provided by such third party. The customer further acknowledges and agrees that the Company is not an agent or representative of any third-party or has no authority to act on third party’s behalf. Any third party shall bear any and all responsibility and liability at its own for the development, implementation and operation of such advanced features or plug-in software/service without involvement or engagement by the Company. For the avoidance of doubt, in no event shall the Company be responsible and liable for any losses and damages arising out of or in connection with the advanced features or plug-in software/service provided by any third party or any performance made by third party including without limitation any transactions made between the customer and such third party. Any disputes and conflicts between the customer and any third party shall be resolved between the customer and such third party at their own and the Company has no responsibilities and liabilities as to such disputes in all cases.
7. Representations and Warranties
The customer hereby represents and warrants to the Company the followings:
1. The customer is validly existing and in good standing under the laws of the country where the customer uses the Service;
2. The customer has the right, power and authority to grant the rights and licenses hereunder free and clear of any claims, liens and encumbrances; and
3. The customer shall not be allowed to engage or involve the following acts (“Prohibited Activities”) when using the Service:
o Violations of any provisions of the Terms and Related Terms of Service;
o Interfering, obstruction, bugging or restricting the Service or Company’s platform or other Company’s services or third-party’s rights;
o Other activities that are deemed by the Company to be inappropriate or illegal acts;
o Using or allowing a third party to use the Service or Company’s platform without the Company’s approval;
o Iteration of any information or contents provided by the Company within the Service without the Company’s approval;
o Committing violent acts, threatening acts or verbal expressions, or make improper requests to the Company;
o Infringing upon the intellectual property rights and other rights of the Company or a third-party; or
o Violation or threatened violations of any applicable laws and regulations, common code of conduct relevant to the use of the internet or the public order and good social customs.
8. Indemnification
The customer agrees to indemnify and hold harmless the Company and its affiliates, officers, directors, employees and agents, and other users or the Service from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to customer’s violation of the Terms, disputes between customer and users, or customer’s violation of any law, regulation or infringement on third-party right. If the customer fails to assume such defense, then the Company may defend the action in any manner that it deems appropriate, and the customer agrees to pay to the Company all costs, including reasonable attorneys' fees, that the Company incurs in effecting such defense in addition to any sum that the Company may be required to pay by reason of any settlement or judgment. This indemnity hereunder, shall survive after the termination of the customer’s use of the Service.
9. Disclaimer of Warranties
THE SERVICES, DOWNLOADS, SOFTWARE, DATA, AND INFORMATION ARE PROVIDED "AS IS." EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
10. LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICE REMAINS WITH THE CUSTOMER. IN NO EVENT THE COMPANY OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE TERMS OR IN CONNECTION WITH ANY INFORMATION AND SOFTWARE OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF SERVICE FOR CUSTOMER) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
11. Privacy
11.1. The Company places its highest priority on the privacy of its users.
11.2. The Company promises to protect the privacy and personal data of its users in accordance with the LY Corporation Privacy Policy.
11.3. The Company may use and collect personal data for the purposes related to the use of the Service including but not limited for prevention of the unauthorized use of, providing, development and improvement of, preventing and investigating fraud or other potentially prohibited or illegal activities of, and advertisement distribution and promotion of the Service.
11.4. The Company may share personal data with any party providing services related to Company’s Service and subcontractors of Company to the extent necessary for the above-mentioned purposes.
11.5. The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all user’s personal data.
12. Post-Termination Measures
Upon termination of Service usage by customers or termination of the provision of the Service to customers, customers shall forthwith destroy the information to which the Company has rights, the information to which customers have rights, and the Company’s documents, etc. (with details of procedures for the destruction of such information being subject to the LINE User Data Policy).
13. General
13.1. No delay or failure to take action under these Terms shall constitute any waiver by the Company of any provision of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, then that provision is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms will continue in full force and effect. These Terms will bind and inure to the benefit of the Company, its affiliates, and their permitted successors and assigns.
13.2. Customers agree that usage fees, payment due date, payment method, liability of non-payments and related matters (hereinafter referred to as the "Billing Plan") shall be determined by the Company and announced or notified to customers.
13.3. Customers shall keep the confidential information of the Company in secret and shall not disclose such confidential information to any third parties.
13.4. Customers shall warrant to the Company that it is not and does not have any relationship with anti-social forces.
13.5. The Terms shall be governed by the laws of Japan without reference to principles of conflict of law. Any and all disputes related to the Service between the Company and customers shall be brought before the Tokyo District Court in Japan as the court having exclusive jurisdiction in the first instance.
Enacted 5 March 2021
Latest Amended 1 October 2023