anybot Terms of Service

anybot Terms of Service

Introduction
        The following Terms of Service (hereinafter referred to as the "Terms") establish the rights and obligations between Evolany Co., Ltd. (hereinafter referred to as the "Company"), which provides the chatbot creation service "anybot" (https://anybot.me) and its related systems (including any changes in name or domain, hereinafter referred to as the "Service"), and all companies, organizations, and individuals (including business users, consumer users, and certified partners as defined in Article 2, hereinafter referred to as the "Users") who utilize the Service. Users shall agree to these Terms and use the Service accordingly. If Users cannot agree to these Terms, they shall refrain from using the Service.
	
Article 1 (Regarding the Terms of Service)
        1.	These Terms shall apply to all relationships between the Company and all Users utilizing the Service.
        2.	Business Users, as defined in Article 2, shall also comply with the terms of any individual agreements, such as application forms, orders, purchase orders, memoranda, or any other rules and regulations (hereinafter referred to as "Individual Agreements"), concluded between the Company and the Business Users, as well as the pricing regulations established by the Company on the Service and other various regulations. In the event of any inconsistencies between these Terms and the Individual Agreements, the provisions of the Individual Agreements shall take precedence.
		
Article 2 (Definition of Terms)
        Definitions of terms used in these Terms are as follows.
        1.	Business User: A corporation, organization, or individual that has agreed to these Terms, entered into a contract as stipulated in Article 3, and has the qualification to use all or part of the Service.
        2.	Consumer User: A corporation, organization, or individual that sends or receives messages, chatbots, or other information created by Business Users on the Service.
        3.	Certified Partner: A corporation, organization, or individual that has been certified and announced by the Company as providing operational support for Business Users' use of the Service or selling all or part of the Service for commercial purposes.
        4.	Usage Information: Usage records, device information, personal information, and other information obtained by the Company, Business Users, or Certified Partners through the use of the Service.
        5.	Integrated Services: Services provided by third parties other than the Company, such as social networking services (SNS), that are integrated with the Service.
	  		
Article 3 (Formation of the Contract)
        1.	When an application for the use of the Service by a Business User is made in the manner specified by the Company and is determined to be eligible through the Company's examination, after the Company's acceptance of the application is expressed and deemed to have reached the User, the contract shall be deemed to be formed at that time.
        2.	The application for the use of the Service must be made personally by a Business User, excluding Certified Partners, who have the authority to enter into a contract regarding the use of the Service, and applications made by third-party representatives will not be accepted unless otherwise approved by the Company. However, this exclusion does not apply if the Company has granted separate approval.
        3.	The Company may refuse to accept an application if the applicant falls under any of the following reasons determined by the Company. The Company shall not be held responsible for such refusal and is not obligated to explain the reasons for non-acceptance to the applicant.
            a.      If there is a possibility of engaging in acts that violate these Terms or related agreements or if a past violation is discovered.
            b.      If false or incomplete information is provided in the application submitted to the Company.
            c.      If the Company deems it inappropriate for any other reason.
		
Article 4 (Use of the Service)
        1.	Users shall acknowledge in advance that the Company may change the specifications of the Service without prior notice to Users according to the Company's convenience, changes in the Service environment, repair of defects in the Service, inconveniences in using the Service, or requests from a significant number of Users. Furthermore, if a User continues to use the Service after the Company has made changes to its specifications, it shall be deemed that the User has agreed to such changes.
        2.	Business Users, except for Certified Partners, are not allowed to subcontract the tasks related to the use of the Service to third parties without the prior consent in writing from the Company (including fax and email). If subcontracting is permitted, the subcontractor shall assume obligations equivalent to those stipulated in this agreement. However, this does not exempt the User from their responsibilities.
		
Article 5 (User ID, Password, and Identity Verification)
        1.	Users have a strict obligation to carefully manage the login ID and password (referred to as "ID, et3." hereinafter) issued by the company or affiliated services, in order to ensure the protection of personal information and security. Users must not transfer, lend, disclose, or in any way provide their ID, etc. to third parties.
        2.	Users shall be held responsible for any damages arising from inadequate management of their ID, etc., user errors during usage, or unauthorized usage by third parties. The Company shall not assume any responsibility for such damages.
        3.	If a third party uses the User's ID, etc. to access the service, such actions shall be considered as the User's own actions. The User shall be responsible for all obligations, including payment of usage fees, associated with such usage.
        4.	In the event that the user's ID, etc. is stolen and the service is suspended or the system provided by the service is damaged due to the third party's usage, the User responsible for the management of the ID, etc. shall be liable to the Company for compensation.
        5.	If there are any changes in the registered information, cases of ID, etc. theft, or discovery of unauthorized usage by a third party, the User shall immediately notify the Company and comply with any instructions given by the Company.
        6.	The validity period of the user's ID, etc. issued by the Company shall be determined by whichever is earlier of the following options. IDs, etc. that have expired can be deleted the following week or on a date specified by the Company. However, this does not apply if the User continues to use the service and make payments for the service:
            a.      One year from the service usage start date.
            b.      One year from the user's last login date.

Article 6 (Intellectual Property Rights)
        1.	In certain parts of the Service, the User may upload, provide, store, transmit, or receive content. The User shall retain their intellectual property rights for such content.
        2.	The Company may use the content uploaded, provided, stored, transmitted, or received by the User through the Service (referred to as "User Content" hereinafter) for the following purposes:
            a.      For the provision, operation, and improvement of the Service.
            b.      For aggregating, processing, analyzing, interpreting, or evaluating User Content and associated behavioral data (such as click counts on content) in a way that does not personally identify the User. The resulting data, discoveries, insights, theories, know-how, and other outcomes may be used to improve the Service, develop and provide new services, and for other business purposes of the Company.
            c.      For providing the functionalities and information specified in Article 4.
            d.      For creating and using statistical data and other data as specified in Article 11.
        3.	The Company may access User Content for the purposes described in the preceding paragraph and may delete or make non-public User Content or a part thereof. The Company shall not be held responsible for any damages incurred by the User due to measures taken by the Company based on this provision, except in cases of intentional misconduct or gross negligence by the Company.
        4.	The Service may analyze User Content to provide the User with relevant features or information individually. This analysis takes place when User Content is transmitted, received, or stored.
            
Article 7 (Disclaimer by the Company)
        1.	The Company shall not be liable for any damages incurred by the User as a result of using the Service, including damages arising from defects or other flaws in the Service.
        2.	The Company shall not be held responsible for any losses resulting from natural disasters, changes in the environment, or other force majeure events (including but not limited to network congestion, network failures, server downtime, etc.).
        3.	The Company shall not be responsible for any losses caused by reasons attributable to the User or third parties, including but not limited to:
            a.      Losses resulting from server downtime, service disruptions, data leakage, data corruption, or incorrect information acquisition due to viruses or hacking.
            b.      Losses resulting from data leakage or data corruption due to User's operational errors.
            c.      Losses resulting from changes in the Company's service environment or defects in the Service.
        4.	The Company does not guarantee the truthfulness, currency, or accuracy of the information provided by Consumer Users regarding themselves.
        5.	The Company shall not be liable for any disputes arising between Users. In the event that the Company is unavoidably required to intervene in such disputes between Users, the User shall compensate the Company for any damages, expenses (including reasonable attorney's fees), and other costs incurred.
        6.	The Company does not provide any warranties regarding the completeness, accuracy, applicability, usefulness, availability, safety, or reliability of the information provided, or the content, software, or any other materials submitted or transmitted by the User.

Article 8 (Temporary Suspension of Service Operation due to Maintenance Work, etc.)
        1.	The User agrees in advance that the Company may temporarily suspend the operation of the Service without prior notice to or consent from the User in the following cases:
            a.      When performing server maintenance, specification changes, or repairs for defects in the Service.
            b.      In the event of natural disasters, emergencies, or potential occurrences thereof, making it difficult or impossible to operate the Service.
            c.      When the operation of the Service becomes difficult or impossible due to amendments or enactments of laws or regulations.
            d.      In other cases where the Company deems it necessary to temporarily suspend the operation of the Service due to unavoidable circumstances.
        2.	Even if the temporary suspension of the Service as stipulated in the preceding paragraph causes delays in the reflection of information related to the User's content uploads, provision, storage, transmission, or reception on the Service, the Company shall not be held responsible.
    
Article 9 (Usage Fees)
        1.	The specific amount and calculation method of the usage fees shall be governed by the "Individual Agreement" separately determined by the Company on the Service.
        2.	Business Users shall pay the usage fees specified in the preceding paragraph based on the Company's invoicing and in accordance with the Individual Agreement, using one of the following methods. The Business User shall bear the remittance fees.
            a.      Credit card, debit card, or other similar payment services.
            b.      Bank account transfer through a bank designated by the Company.
            c.      Other methods specified by the Company.
        3.	Regardless of the circumstances, the Company shall not reduce, refund, or exempt the usage fees specified in the Individual Agreement.
        4.	In the event that a Business User fails to make payment for monetary obligations based on this Agreement, the Business User shall pay the Company a late payment charge at an annual rate of 14.6% calculated from the day following the payment due date until the date of full payment, in addition to the outstanding amount.
        5.	Even if this agreement is terminated, canceled, or otherwise ends in the middle of a month due to any reason, the full amount of the usage fees for that month shall be charged, and no pro-rata calculation shall be applied.
    
Article 10 (Retention of Confidential Information and Personal Information)
        1.	When considering the use of the Service or using the Service, the User shall use the confidential information (including information, mechanisms, know-how, program sources, etc. related to the Service, but not limited to these) and personal information that the User becomes aware of solely for the purpose of the Service and shall not use them for any other purpose (regardless of whether it is for commercial purposes or not). However, the Company may share specific personal information with the User for the purpose of the User's self-management, operation, and use of the system to manage and operate such personal information (e.g., personal information of customers with whom the User has or had transactions, personal information of individuals who made inquiries to the User, or personal information collected by the User through legitimate means).
        2.	The User shall handle confidential information and personal information as strictly confidential, and except with the consent of the Company or the User themselves as provided in the preceding paragraph, or when managing, operating, or using them in a legitimate and legal manner through a system under the User's control as stated in the preceding paragraph, the User shall not disclose or leak them to any third party.
        3.	If requested by the Company, the User shall promptly return all confidential information and personal information related to the Service to the Company or dispose of them in a manner that ensures information leakage is prevented. This provision shall also apply upon termination of this agreement. However, this shall not apply to personal information shared by the Company based on the provisions of paragraph 1 of this article.
        4.	Notwithstanding the provisions of Article 17, if the User violates the provisions of this article, the Company may claim damages for the losses caused by such violation and demand that the User surrender the amount of profits obtained as a result of the violation. The Company may also request any necessary measures to recover such damages in lieu of or in addition to the aforementioned claims.
        5.	If the User violates or is likely to violate the provisions of this article, the Company may request the User to cease or prevent such violation.

Article 11 (Use of Personal Information and Usage Information)
        When providing the Service to Users, the Company may aggregate and analyze the User's usage records and personal information, create statistical data, etc. after processing them in a manner that does not identify or specify individuals, and may use such statistical data, etc. without any restrictions (including but not limited to the operation, promotion, improvement, and development of new feautures of the Service). The User agrees to this in advance.
		
Article 12 (Damages)
        Even if the Company is liable for damages despite the disclaimer provisions stipulated in this agreement, the Company's liability for damages shall be limited to actual and direct damages, and unless the Company has intentional or gross negligence, the Company's liability for damages to the User arising from this agreement or related to it shall be limited to the amount equivalent to the service usage fees actually paid by the User to the Company within the preceding one-month period from the occurrence of the cause.

Article 13 (Prohibited Actions and Termination)
        1.	The Company prohibits the User from engaging in the following actions. If the User is determined by the Company to be engaging in or likely to engage in any of these actions, the Company may immediately suspend the provision of the Service and terminate this agreement without notice or consent to the User.
            a.      Actions that violate this agreement or other related agreements.
            b.      Actions that violate laws or public order and morals.
            c.      Actions that imply, induce, facilitate, or promote illegal activities, criminal activities, or antisocial behavior.
            d.      Providing false, incomplete, or inaccurate information to the Company or making such information available to Users through the Service.
            e.      Sending or posting harmful computer programs, such as computer viruses.
            f.      Actions that obstruct the operation of the Service or damage the trust of the Company.
            g.      Actions such as disassembling, decompiling, reverse engineering, reproducing, modifying, or altering the Service.
            h.      Actions of using the Service for commercial purposes, including providing operational support to third parties using the Service or selling all or part of the Service to third parties (including acts aimed at preparing for these actions), exempting certified partners.
            i.      Any other actions that the Company reasonably determines to be inappropriate for the continued provision of the Service.
        2.	The Company may terminate this agreement immediately without prior notice to the User by notifying the User in the following cases:
            a.      When the User violates this agreement or other related agreements.
            b.      When the User is subject to seizure, provisional seizure, provisional disposition, tax delinquency disposition, or when the User has filed for bankruptcy, civil rehabilitation, special liquidation, or corporate reorganization.
            c.      When the User's payment of bills or checks is dishonored, or any other payment suspension occurs.
            d.      When the User ceases its business or enters into liquidation proceedings.
            e.      When there is no objective prospect of fulfilling the matters stipulated in this agreement or other related agreements.
        3.	If the User is terminated under this agreement, the User shall forfeit any term benefits and immediately settle all obligations to the Company.

Article 14 (Anti-Social Forces, etc.)
        1.	The Company and the User guarantee that they do not fall under any of the following items and pledge that they will not fall under them in the future:
            a.      Anti-social forces or similar entities (hereinafter referred to as "Anti-Social Forces"), which include organized crime groups, companies affiliated with organized crime groups, extortionists, individuals or groups engaging in social movements under false pretenses, or members thereof, provided that at least five years have not passed since they ceased to be Anti-Social Forces.
            b.      Engaging in providing funds or supplying benefits to Anti-Social Forces.
            c.      Using violent acts, fraudulent methods, or threatening language towards others, either directly or through a third party.
        2.	In the event that either party violates the provisions of the preceding clause, the Company and the User may terminate this Agreement immediately by notifying the other party without requiring any prior notice. In the event of termination of this Agreement, both the Company and the User shall forfeit any rights to deadlines and promptly settle any outstanding obligations to the other party.
        3.	In the event that the Company or the User terminates the agreement based on the provisions of the preceding clause, they shall not be obligated to compensate for any damages incurred by the other party as a result of the termination.

Article 15 (Term of Agreement)
        1.	 The initial term of this Agreement shall be 12 months from the date of its establishment unless otherwise specified. However, if the User does not provide notice to terminate the use of the Service upon the expiration of said period at least one month in advance, the Agreement shall be automatically renewed for an additional 12 months under the same conditions, and this shall continue thereafter.
        2.	 Notwithstanding the provisions of the preceding clause, both the Company and the User may terminate this Agreement for the future by providing one month's notice.

Article 16 (Measures After Contract Termination)
        1.	In the event of the termination of this agreement, the user shall immediately cease using the Service.
        2.	Even after the termination of this agreement, Articles 6 (Intellectual Property Rights), 7 (Disclaimer by the Company), 10 (Confidentiality and Personal Information Protection), 11 (Use of Personal and Usage Information), 12 (Damages), and 19 (Governing Law and Jurisdiction) shall remain in effect.
    
Article 17 (Assignment of Rights and Obligations)
        1.	The User shall not assign or lend to any third party or provide as collateral any rights and obligations based on this agreement without prior written consent from the Company.
        2.	In the event that the Company transfers its business related to the Service to a third party through business transfer or other means, the Company may transfer to the successor of the business its position under this agreement, including rights and obligations based on this agreement, user registration information, and other information. The User hereby agrees in advance to such a transfer as described in this paragraph.    

Article 18 (Amendment of Terms)
        1.	The company may amend these terms and conditions by notifying the user of the changes.
        2.	The company may use any of the following methods to notify the user of changes to the terms and conditions:
            a.      Notification by email
            b.      Posting on the company's website
            c.      Announcement within the Service
            d.      Any other method deemed appropriate by the company
        3.	If the User continues to use the Service after the notification in the preceding paragraph, the User shall be deemed to have approved the new terms and conditions retroactively to the date of the notification, and the changes shall take effect on the date specified by the Company and notified to the User.
  
Article 19 (Governing Law and Jurisdiction)
        These Terms and Conditions shall be governed by the laws of Japan, and any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.
		
Article 20 (Supplementary Provisions)
        Enacted on March 15, 2018; Effective from May 1, 2019; Updated on May 12, 2023.