Terms of Service

Section 1. Application

1. These Terms apply to all relationships between users and the Company regarding use of the Service, and users shall faithfully comply with these Terms at their own responsibility when using the Service.

2. The Company may establish various rules regarding use of the Service. Such rules shall constitute part of these Terms, and if they differ from the content set forth in these Terms, the rules shall prevail. Services provided by third parties shall be subject to the terms of the applicable service provider, and these Terms shall not apply.

3. Regardless of the reason, use of the Service shall be deemed acceptance of these Terms.

Section 2. Definitions

The following terms shall have the meanings set forth below in these Terms.

① "Intellectual Property Rights" means patent rights, utility model rights, design rights, trademark rights (including rights to obtain such rights), copyrights, know-how, trade secrets, and all other intellectual property rights.

② "Company Website" means the website operated by the Company (https://microcms.io/en, including any domain change regardless of reason).

③ "Laws and Regulations" means laws, ordinances, guidelines, and other judicial and administrative regulations.

④ "User" means a person who, after agreeing to these Terms, applies to use the Service by the method prescribed by the Company and is accepted by the Company.

⑤ "Service Agreement" means the agreement between the Company and a user regarding use of the Service based on these Terms.

Section 3. Fees, etc.

1. You shall pay the fees specified on the Company's service page (https://microcms.io/en/pricing/).

2. If the User delays payment under paragraph 1 or any other obligation owed to the Company under these Terms, the User shall pay late payment damages at an annual rate of 14.6% (calculated on a daily pro rata basis over 365 days) together with the amount originally payable.

3. Under no circumstances shall the Company refund all or part of any fees to the User, and the Company shall not lose its right to claim fees already incurred.

Section 4. Registration

1. A registration applicant shall apply for registration to use the Service by agreeing to comply with the matters stipulated in these Terms and providing certain registration information prescribed by the Company by the method prescribed by the Company. If the applicant does not agree to these Terms, use of the Service shall not be permitted.

2. The Service Agreement shall be formed when the Company receives the registration application under the preceding paragraph and accepts it.

3. The registration applicant warrants to the Company that the registration request is made by a person authorized to enter into a Service Agreement with the Company.

4. If the Company requests the User to provide materials, information, or other cooperation necessary for provision of the Service, the User shall respond promptly. Even if the Company is unable to provide the Service due to the User's failure to provide such materials, information, or cooperation, the Company shall bear no liability whatsoever.

Section 5. Matters Agreed Upon at Registration

A registration applicant agrees to the following at registration.

① That the applicant has confirmed that their communication environment does not interfere with use of the Service.

② That depending on the registration applicant's Internet connection environment, etc., it may not be possible to view or use part of the Service.

③ To prepare, at their own responsibility and expense, communication equipment, software, telephone service contracts, Internet connection contracts, etc. necessary to use the Service. Communication charges, connection fees, etc. related to use of the Service shall be borne by the User.

④ To understand and pay the fees and payment methods for the Service.

Section 6. Warranty Regarding Grounds for Refusal of Registration and Grounds for Refusal of Registration

1. A registration applicant warrants that they do not fall under any of the following grounds for refusal of registration.

① The Company determines that the registration applicant is a person who has violated a contract with the Company in the past or a related party thereof.

② All or part of the registration information provided to the Company contains falsehoods, errors, or omissions.

③ The Company determines that the applicant is an antisocial force, etc. (meaning organized crime groups, members of organized crime groups, right-wing groups, antisocial forces, and other similar persons; the same hereinafter), or cooperates with or is involved in maintaining, operating, or managing antisocial forces, etc. through funding or otherwise, or has any interaction or involvement with antisocial forces, etc.

④ Any other person whom the Company deems inappropriate for provision of the Service.

2. If a registration applicant falls under any of the grounds in the preceding paragraph, the Company may refuse registration. The Company shall have no obligation to disclose the reason for refusal of registration in response to any inquiry.

Section 7. Management of Authentication Information and Changes to Registration Information

1. The User shall appropriately manage authentication information at their own responsibility and shall not allow third parties to use authentication information, or lend, transfer, assign, sell, or otherwise dispose of or publish authentication information. If a third party uses the User's authentication information, such use shall be deemed use by the User themselves.

2. The User shall bear liability for damage caused by inadequate management of authentication information, such as leakage of information, errors in use, use by third parties, or unauthorized access, and the Company shall bear no liability. If the Company suffers damage due to unauthorized use of authentication information, the User shall compensate the Company for such damage.

3. If there is a change in registration information, or if the User believes that authentication information has become known to or is being used by a third party, the User shall immediately notify the Company and follow the Company's instructions if any. Even if the User suffers disadvantage due to failure to take such measures, the Company shall bear no liability whatsoever.

Section 8. Prohibited Acts

1. When using the Service, the User shall not engage in any of the following acts (including acts that induce such acts or preparatory acts). If the User falls under any of the following or the Company determines that there is a risk thereof, the Company may, without any procedure, suspend all or part of use of the Service or take other measures it deems appropriate.

① Violation of these Terms.

② Acts contrary to public order and morals or other acts in violation of Laws and Regulations, or acts with a risk thereof.

③ Acts that infringe or may infringe the intellectual property rights or other rights of other users, third parties, or the Company.

④ Acts that infringe or may infringe the property or privacy of other users, third parties, or the Company.

⑤ Acts that cause or may cause disadvantage or economic or mental damage to other users, third parties, or the Company.

⑥ Acts that interfere with operation of the Service.

⑦ Acts that damage the reputation or credibility of the Company, other users, or third parties.

⑧ Acts of using the Service as a means of committing a crime.

⑨ Acts of declaring false or incomplete information when using the Service.

⑩ Acts of using or providing harmful programs such as computer viruses through or in connection with the Service.

⑪ Reverse engineering, decompiling, disassembling, or similar acts against the Service.

⑫ Acts that destroy or interfere with the functions of the Service, the Company's servers, or networks.

⑬ Acts performed for the purpose of obtaining benefits for oneself or a third party by using operations not intended by the Company (including but not limited to malfunctions, bugs, and erroneous operations), intentionally altered data, or programs not approved by the Company (hereinafter, "Unauthorized Use").

⑭ Development, distribution, and use of tools or programs intended for Unauthorized Use, or acts that induce, solicit, or assist third parties in such acts or acts with a risk thereof.

⑮ Use of the Service for purposes other than the original purpose of service provision.

⑯ Use of the Service using another user's authentication information.

⑰ Obtaining authentication information for the Service from another user.

⑱ Acts of providing direct or indirect benefits to antisocial forces in connection with the Service.

⑲ Acts of reproducing, republishing, or redistributing the Service and information related to the Service without prior written consent from the Company, regardless of whether it constitutes a copyrighted work.

⑳ Use for dating sites, adult sites, nightlife businesses (cabaret clubs, girls bars, businesses related to the sex industry and similar businesses regulated under Article 2 of the Act on Control and Improvement of Amusement Businesses, etc.), network marketing, pyramid schemes, multi-level marketing-like schemes, fraudulent sales methods, malicious sales methods, and other similar businesses.

㉑ Other acts that the Company deems inappropriate.

2. Even if the Company suspends use, etc. based on the preceding paragraph, it shall have no obligation to disclose the reason.

Section 9. Disclaimer

1. The Company does not warrant that the Service will meet any particular purpose of the User, that it will have expected functions, commercial value, accuracy, or usefulness, that the User's use of the Service will comply with Laws and Regulations or internal rules of industry groups applicable to the User, or that it will be free from defects.

2. The Company shall bear no liability for compensation for damage suffered by registered users regarding interruption, suspension, termination, unavailability or modification of provision of the Service by the Company, deletion or loss of information, deletion of User registration, loss of registration data or failure or damage of equipment due to use of the Service, or any other damage related to the Service.

3. The Company shall bear no liability for transactions, communications, disputes, etc. arising between the User and other users or third parties in connection with the Service or the Company Website.

4. Backup management of user data shall be entirely the User's responsibility, and even if data is lost due to server failure, etc., the Company shall bear no liability except in cases of willful misconduct or gross negligence.

5. The User shall confirm at their own expense and responsibility that use of the Service does not violate Laws and Regulations applicable to the User and self-regulation applicable to the User, and the Company makes no warranty and bears no liability in this regard.

6. Even if the User suffers damage due to computer viruses, cyber attacks, etc. that cannot be prevented by reasonable countermeasures, epidemics, fires, power outages, natural disasters, or other force majeure, the Company shall bear no liability.

7. If the Company bears liability for any reason, the Company's liability for compensation for damage suffered by the User shall not exceed the amount of consideration paid by the User to the Company during the past three months, and the Company shall bear no liability for compensation for incidental, indirect, special, future, or lost profit damages.

Section 10. Notices, etc.

1. The Company shall notify Users of necessary matters in operating the Service from time to time by display on the Company Website or other methods deemed appropriate by the Company.

2. Notices under the preceding paragraph shall take effect from the time the Company displays such content on the Company Website or displays it to Users by a method deemed appropriate by the Company.

3. Inquiries regarding the Service and other communications or notices from Users to the Company shall be made by the method prescribed by the Company.

Section 11. Deletion of Registration, etc.

1. If any of the following grounds arises with respect to a User, the Company may delete the User's registration on the Service without prior notice and shall have no obligation to disclose the reason.

① When the User fails to pay fees, engages in prohibited acts under Section 8, or otherwise violates any provision of these Terms (including breach of representation and warranty)

② When it is found that the User was previously suspended from using the Service or other services provided by the Company or had registration deleted

③ When subjected to seizure, provisional seizure, provisional disposition, tax delinquency disposition, or other disposition by public authority

④ When a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation is filed

⑤ When dissolved (except by merger) or when all business is transferred or a resolution therefor is made

⑥ When bills or checks drawn or accepted by the User are dishonored or payment is otherwise suspended

⑦ When subjected to suspension of business or revocation of business license or business registration by supervisory authorities

⑧ When the Service has not been used for six months or more

⑨ When there is no response for 30 days or more despite the Company's request for contact

⑩ Other cases where the Company reasonably determines that it is inappropriate for the User to use the Service

2. In addition to the preceding paragraph, the Company may delete User registration by notifying the User at least three days in advance.

3. If any ground under paragraph 1 arises with respect to a User, instead of deletion of registration under paragraph 1, the Company may suspend all or part of the User's use of the Service without prior notice for a period prescribed by the Company. The User agrees in advance that full Service fees shall accrue even while use of the Service is suspended.

4. The Company shall bear no liability for any damage suffered by the User due to measures taken by the Company under this Section.

Section 12. Temporary Suspension of the Service

1. If any of the following applies, the Company may suspend provision of all or part of the Service without notifying Users.

① When the Company determines that sufficient service cannot be provided due to equipment malfunction

② When performing regular or emergency maintenance of the Service

③ When system load concentrates due to excessive access or other unforeseen factors

④ When it becomes necessary to ensure User security

⑤ When telecommunications carrier services are not provided

⑥ When the Service cannot be provided due to force majeure such as fire, power outage, or interference by third parties

⑦ When urgent inspection or unavoidable equipment maintenance is required

⑧ When provision of the Service becomes impossible due to natural disasters, enactment or amendment of Laws and Regulations and similar rules, disposition or orders by public authority, or other force majeure

⑨ Other cases where the Company determines that suspension is necessary for operation

2. If provision of the Service is suspended based on the preceding paragraph, the User may not claim compensation for continuation of Service provision, compensation for damage arising from suspension of the Service, or any other claim.

Section 13. Discontinuation of the Service

1. If any of the following applies, the Company shall discontinue the Service and terminate the Service for all Users.

① When the Company notifies Users in advance by a method it deems appropriate at least three months before the termination date

② When provision of the Service becomes impossible due to force majeure

2. The Company shall bear no liability for any damage incurred by Users due to measures taken by the Company under this Section.

Section 14. Withdrawal

The User may withdraw from the Service by the procedure prescribed by the Company.

Section 15. Content and Specifications

The Company may change the content and specifications of the Service (including content and specifications regarding support for the Service) without prior notice.

Section 16. Outsourcing

The Company may outsource all or part of operations related to the Service to a third party at its discretion.

Section 17. Third-Party Services

1. The Service may integrate with services operated by third parties other than the Company, but the Company does not guarantee that such integration will continue.

2. The User shall use third-party services at their own responsibility, and the Company shall bear no liability for any damage incurred by the User due to use of third-party services.

3. Use of third-party services shall comply with terms of use, contracts, etc. applicable between the User and the provider of the third-party service, and the User shall confirm and comply with such content at their own responsibility.

Section 18. Prohibition of Assignment of Rights

1. Except with prior consent of the Company, the User shall not assign all or part of their rights or obligations under these Terms to any other party.

2. If the Company transfers its business related to the Service to a third party, the Company may transfer its status, rights, and obligations under the Service Agreement and all information regarding Users to the transferee of such business transfer, and the User agrees to this in advance.

Section 19. Protection of Personal Information and Privacy

Personal information of Users that the Company learns in connection with use of the Service shall be handled appropriately based on the "Privacy Policy" posted on the Company Website, and the User agrees that the Company will handle personal information in accordance with such Privacy Policy.

Section 20. Intellectual Property Rights, etc.

1. Intellectual property rights relating to content provided by the Company in the Service, screen designs, programs incidental to the Service, and data provided through the Service belong to the Company or a corporation or individual designated by the Company, and permission to use the Service does not mean permission to use intellectual property rights beyond the scope necessary to use the Service.

2. The User may not use any information provided through the Service beyond the scope of limitations on copyright such as personal private copying permitted under copyright law without permission from the rights holder.

3. If a problem (including de facto trouble) arises due to violation of this Section, the User shall resolve the problem at their own responsibility and expense without causing inconvenience or damage to the Company, and shall compensate the Company for damage suffered thereby.

Section 21. Confidentiality

1. The User and the Company shall not use confidential information (information designated as confidential at the time of disclosure among information provided by the other party in connection with these Terms; hereinafter, "Confidential Information") for purposes other than use and provision of the Service without the other party's consent, and shall not disclose or leak it to third parties.

2. Notwithstanding the preceding paragraph, the following information shall not be included in Confidential Information. However, personal information shall be included in Confidential Information even if it falls under the following:

① Information that was publicly known at the time of disclosure or when learned

② Information that became publicly known after disclosure or after learning without fault of the recipient of Confidential Information

③ Information already obtained at the time of disclosure or when learned

④ Information obtained from a third party with legitimate authority

⑤ Information created or developed without reliance on the other party's Confidential Information

3. Notwithstanding paragraph 1, the User and the Company may disclose Confidential Information based on orders, requests, or demands of laws, courts, or government agencies.

4. Notwithstanding paragraph 1, the User and the Company may disclose Confidential Information to their parent companies, subsidiaries, and affiliated companies only to the extent necessary for the purpose of use and provision of the Service. However, the User and the Company shall cause recipients of disclosure under this paragraph to comply with confidentiality obligations equal to or greater than those set forth in this Agreement, and shall be directly liable to the other party for breach of obligations by such recipients.

5. Notwithstanding paragraph 1, in cases stipulated in Section 16, the Company may use and provide Confidential Information to third parties only within such scope.

Section 22. Public Relations

Notwithstanding the preceding Section, the Company may use the User's trade name, trademarks, logos, and other marks for the Company's advertising, publicity, and similar purposes. The Company may also disclose and publish information that the User uses the Service and applications and content created using the Service in general terms. However, this shall not apply if the User raises an objection in advance.

Section 23. Use of Information

1. The Company shall not acquire any rights or intellectual property rights to information entered by Users on the Service (excluding registration information under Section 4 paragraph 1 and information provided by Users to the Company under paragraph 4 of the same Section) and information created on the Service (hereinafter, "Input Information, etc.") through these Terms. Except where required by law, the Company shall not access Input Information, etc. and shall implement necessary technical measures to prevent unauthorized access to Input Information, etc.

2. Notwithstanding other provisions of these Terms, the Company may freely use information obtained by the Company regarding Users in connection with use of the Service by Users after statistical processing, and the User agrees to this.

Section 24. Term

The term of the Service Agreement shall continue until any of the following occurs.

① When the User withdraws

② When the User's registration is deleted

③ When the Service ends

Section 25. Exclusion of Antisocial Forces

1. The Company and the User represent and warrant that they do not fall under any of the following and covenant that they will not fall under any of the following in the future.

① That they themselves and their parent companies, subsidiaries, affiliated companies, officers, and key employees are antisocial forces

② That they themselves and their parent companies, subsidiaries, affiliated companies, officers, and key employees have relationships with antisocial forces that should be socially condemned

③ That five years have not passed since they ceased to fall under the preceding two items

④ That they themselves or through third parties engage in the following acts or similar acts against the other party

A. Acts of violent demands

B. Acts of unreasonable demands beyond legal responsibility

C. Acts of making threatening statements or using violence in connection with transactions

D. Acts of spreading rumors, using fraud or force to damage the other party's credibility or interfere with the other party's business

2. If the other party violates the preceding paragraph, the Company and the User may terminate the Service Agreement and claim compensation for all damage they have suffered.

3. The Company and the User shall bear no liability for any damage incurred by the other party due to termination of the Service Agreement based on the preceding paragraph.

Section 26. Severability

1. Even if any provision or part of these Terms is judged invalid or unenforceable, such judgment shall not affect other parts, and the remaining parts of these Terms shall continue to be valid and enforceable. The Company and the User shall endeavor to ensure effects equivalent to the intent of the invalid or unenforceable provision or part and agree to be bound by the amended Terms.

2. Even if any provision or part of these Terms is judged invalid or unenforceable in relation to a particular User, this shall not affect validity, etc. in relation to other Users.

Section 27. Surviving Provisions

Even after termination of the Service Agreement, the provisions of Section 3 paragraphs 2 and 3, Section 4 paragraph 4, Section 6 paragraph 2, Sections 7 through 9, Section 11 paragraphs 1, 3, and 4, Section 12 paragraph 2, Section 13 paragraph 2, Sections 17 through 23, Section 25 paragraphs 2 and 3, Section 26, this Section, Section 29, and Section 30 shall remain in effect. However, Section 21 shall survive only for three years after termination of the Service Agreement.

Section 28. Revision of These Terms

1. If it becomes necessary to add to or change these Terms (hereinafter, "Revision"), the Company may change them from time to time by notifying Users by reasonable means on the Company Website if any of the following applies.

① When the change to these Terms conforms to the general interests of Users

② When the change to these Terms is not contrary to the purpose of the Service Agreement and there is necessity for the change and the content of the Terms of Service after the change is appropriate and reasonable

2. When making changes under the preceding paragraph, the Company shall notify Users of the content of the Terms of Service after the change and the effective date of the change with at least 14 days' notice, and the change to these Terms shall take effect upon expiration of such notice period.

Section 29. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Japan.

Section 30. Jurisdiction

All lawsuits relating to use of the Service shall be subject to the exclusive agreed jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance, depending on the amount in controversy.

Section 31. Resolution by Consultation

If doubt arises as to the interpretation of these Terms or if a matter not provided for in these Terms arises, the Company and the User shall resolve it through consultation.