Article 1 (Definitions)
A service operated by the Company to provide a package of functions to implement user reach.
- User Site
A website on which a User uses the Service. In principle, the User Site must be operated by the User himself/herself; otherwise, the User shall notify the Company in advance.
- Management Screen
A screen on which the User who has been approved by the Company for use of the Service can set up, manage, and view reports. User shall correctly register their information and that of the User Site from this Management Screen.
- End User
A person who participates or may participate in the user reach using the Service.
A person who has agreed to the Terms and has applied for use of the Service in accordance with the procedures specified by the Company.
A service to build an EC site (https://www.shopify.com/). The Service is provided for User Site built using Shopify, and the Management Screen is integrated within the Shopify administration screen. In the event User loses Shopify eligibility, the Company may suspend the use of the Service by the User. The Company is not liable for any disputes between the User and Shopify, or between the User and any third party arising from or in connection with the use of Shopify.
- Shopify Integrated Service
A service other than the Service provided on Shopify that integrates with the Service.
Article 2 (Eligibility)
The Company may refuse to approve an application for use or suspend the use of the Service in case of any of the following events:
- false or erroneous information is registered in the application for use or on the website;
- the Company determines at its discretion that the User has violated or is likely to violate these Terms;
- the User is a minor (misei-nen), an adult ward (seinen-hi-kouken-nin), a person under curatorship (hi-hosa-nin), or a person under assistance (hi-hozyo-nin); or
- other cases in which the Company decides at its sole discretion that the use of the Service is inappropriate.
Article 3 (Management Screen)
- The User is responsible for setting and managing User’s Shopify administration screen ID and password.
- The Company shall not be liable for any reasons whatsoever for any disadvantage or damage incurred by the User or a third party arising from or in connection with the use of the Service by a third party impersonating the User due to the leakage of ID or password information by the User, or due to easily anticipated settings, etc.
Article 4 (Cookies and Access Information)
- Users agree that the Company uses the cookies and access information (including without limitation, domain, IP address, browser information, access date and time, and pages viewed.) of the User Site for the following purposes:
- to operate the Service; and
- to confirm and improve the stable operation of the Service by analyzing End User access information.
Article 5 (Plan for this Service)
- The Service shall be offered only as a free plan since it is a beta version.
In case the provision of the beta version is terminated, the Company will provide the terms and conditions, and the amounts of the paid plan within the Service.
Article 6 (Rewards)
- Users may utilize the following rewards for promotion to End Users. Users can configure rewards through the Management Screen. Once rewards have been granted to End Users, they cannot be revoked.
- Coupon Codes
Using Shopify's provided coupon functionality, End Users can receive discounts when making future purchases on the User Site.
Points can be issued and operated by Lunaris LLC. Users must utilize Lunaris LLC's Shopify-integrated service "easyPoints" to be eligible.
- The Company shall not bear any costs related to rewards and assumes no responsibility for the management and utilization of points granted to End Users. In the event of any disputes arising between Users and End Users, as well as disputes between Users and the Shopify Integrated Service chosen by the User in the preceding paragraph, they shall be the User's responsibility to resolve, and the Company shall bear no responsibility except where attributable to our own fault, and we shall have no involvement in such disputes.
Article 7 (Suspension or Termination of the Service)
- The Company may suspend the provision of all or part of the Service without prior notice in the event of any of the following events:
- in the event of earthquake, lightning, fire, power outage, natural disaster, or any other circumstances beyond the control of the parties which make it difficult to provide the Service;
- in the event computers or communication lines are stopped due to accidents, network failures, etc.; or
- in the event that the Service cannot be provided due to laws, regulations, or any other reasons which shall not be attributable to the Company.
- In the event of the Company conducting maintenance of equipment or services, Company may suspend all or part of the Service. In such case, the Company will make an advance notice to the extent possible.
- The Company shall make an effort to ensure the continuous provision of this Service, however, if the Company determines at its sole discretion that it is difficult to continue with the Service, the Company may terminate the Service by giving three (3) months prior notice to the User.
- The Company shall not be liable for any disadvantage or damages (including without limitation, lost profits) incurred by Users due to the suspension or termination of this Service, regardless of the reason.
Article 8 (Publication of Corporate Logo, etc.)
Unless otherwise requested by the User, the Company may post, free of charge, the User's name, the name of the site used, and the logo, etc., as an introduction of the results of the Service on the Service's website, the Company and its group websites, news sites operated by third parties, etc., for advertising and publicizing the Service.
Article 9 (Prohibited Matters)
- The Company prohibits the following acts by Users in using the Service.
- Any act that violates laws, regulations, or public order or morals.
- Any act that damages or infringes the rights, profits, honor, or credibility of any third party.
- Any act that is related to, complicit with, or supportive of criminal acts.
- Any act that destroys or interferes with the Company's servers or network functions.
- Any act that may interfere with the operation of the Company's services.
- Any act that impersonates a third party or intentionally distributes false information.
- Provision of personal information that identifies an individual to the Company.
- Any act of reverse engineering or modifying the program of this Service.
- Other acts that the Company determines at its sole discretion to be inappropriate.
- User (including its directors, officers, and employees) shall use the Service only for the purpose of user reach, and shall not use the Service (including data, know-how, etc. obtained through the Service) for any other purpose (including development or consideration of the same or similar services by any party other than the Company). User shall be also prohibited to develop, engage in, or use any service that competes with the Service during the period of use of the Service and for six (6) months after the termination or expiration of the Service period.
- In the event that a User commits any of the prohibited acts set forth in this Article, the Company may immediately suspend the use of the Service, and take any other measures which the Company at its discretion deems to be necessary. Taking such measures shall not preclude the Company from claiming compensation for damages. In addition, the Company shall not be liable for any disadvantage or damage incurred by the User, regardless of the reason.
Article 10 (Warranty)
In the event that a dispute arises with a third party, including an End User, regarding the use of the Service, the User shall resolve all disputes at his/her responsibility and expense, except for disputes caused by the Company's intentional or gross negligence.
Article 11 (Outsourcing)
The Company may outsource a part of this Service to a third party selected by the Company.
Article 12 (Confidential Information)
Users shall not use any technical or business secrets of the Company or a third party obtained in the course of using the Service for any purpose other than the use of the Service, and shall not disclose or divulge such secrets to any third party without the prior written consent of the Company.
Article 13 (Use of End User's Personal Information)
- The User agrees that the Company receives the End User's personal information from the User in connection with the use of the Service. The Company shall explain the items of personal information to be received within the Service, and the User shall use the Service after confirming and accepting the such explanation.
- The Company shall use the personal information received in accordance with paragraph 1 for the purpose of providing the Service to the User.
- The User shall confirm that the provision of personal information in accordance with paragraph 1 is within the scope of the purpose of use of personal information that the User has publicly announced or notified to the End User. In case the User is required to obtain consent to provide personal information to the Company and to the use of such information for user reach, the User shall obtain such consent before using this Service. In the event that a dispute arises from or in connection with the provision of personal information with a third party, including an End User, the User shall resolve all such disputes at the User's responsibility and expense, except for disputes caused by the Company.
Article 14 (Disclaimer and Non-warranty)
- The Company makes no warranties that the Service is free from defects, bugs, malfunctions, or other flaws, or that it is free from computer viruses or other destructive components.
- The Company does not guarantee the accuracy, reliability, completeness, legality, validity, or fitness for the purpose, etc. of the information, etc. provided by the Company in this Service.
- The Company shall not be liable for any damages incurred by the User arising from or in connection with the User's use or inability to use the Service, except for those caused by the Company's intentional or gross negligence. In the event that the Company is liable, the amount of damages to be compensated shall be limited to ordinary damages incurred by the User, and the Company shall not be liable for damages regarding lost profit or damages arising from any special circumstances regardless of whether such damages were foreseeable or not.
Article 15 (Attribution of Rights)
All intellectual property rights related to the Service shall belong to the Company, and the Company shall not grant any license to Users to use intellectual property rights contained in the Service beyond the purpose of use of the Service.
Article 16 (No Assignment)
Users shall not transfer or offer as collateral, etc. all rights and obligations related to the Service, whether in whole or in part, to any third party.
Article 17 (Exclusion of Antisocial Forces)
The Company and the User represent and warrant to the other party that they or their officers and those substantially involved in their management do not fall under the category of organized crime groups (bouryokudan), organized crime group members (bouryokudan-in), companies affiliated with organized crime groups (bouryokudan-kankei-kigyo), corporate racketeer (soukaiya), or other similar persons ("anti-social forces") and that they have no current or future relationship with anti-social forces. In the event that the other party violates the above representations and commitments, the Company or the User may immediately terminate the use of the Service, the Service Agreement, or take any other measures deemed necessary without any notice.
Article 18 (Modification of Terms)
- These Terms may be modified at any time without prior notice at the discretion of the Company.
- Any changes to the Terms shall be posted on the website of the Service or notified to the User and shall become effective at the time of such posting or notification. User shall check such postings or notices periodically, and if the User uses the Service after such postings or notices, the User shall be deemed to have agreed to the revised Terms.
Article 19 (Governing Law and Court of Jurisdiction)
- These Terms shall be construed in accordance with the laws of Japan.
- The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes related to these Terms.