Terms of Service

Promolayer Terms of Service

Terms and Conditions

These Terms and Conditions (hereinafter referred to as “this Agreement”) apply to the services provided on this website by Promolayer (hereinafter referred to as “this Service”), operated and provided by Peak Digital Co., Ltd. (hereinafter referred to as “the Company”). All users who register for and use this Service (hereinafter referred to as “Service Users”) must comply with this Agreement. This Agreement also applies when Service Users register for the free plan or trial of this Service.

When using Promolayer through Shopify, Wix, or other platform-specific plugin and app sites, conditions beyond those mentioned below may apply. Please also check the terms of use of each platform.

Definitions

The following terms shall have the meanings specified below in this Agreement:

1. This Website: Refers to the website with the domain name “app.promolayer.io.”
2. This Service: Refers to all services provided by the Company through “Promolayer.”
3. Service Users: Refers to corporations, organizations, or individuals who use “this Service” with the approval of the Company.
4. Free Plan Users: Refers to Service Users who have selected the free plan of “this Service.”
5. Paid Plan Users: Refers to Service Users who have selected the paid plan of “this Service.”
6. Visitors: Users who visit and view the Service User’s website.

Change of Terms of Service

The Company may amend these Terms of Service when it deems necessary. In such a case, the Company will notify Service Users of the amendment, the content of the amendment, and the effective date of the amendment, by the method prescribed by the Company, such as notification on the Service User’s management screen of this Service, at least one month prior to the effective date of the amendment. Continued use of this Service by the Service User after the amendment of these Terms of Service shall be deemed as acceptance of the amended terms. In such a case, the fees and other service provision conditions shall be governed by the amended terms.

Service User Registration

In this Service, the registration is completed when a service registration applicant agrees to these Terms of Service and applies for registration in the manner prescribed by the Company, and the Company approves it. The Company may refuse to approve the registration application without any obligation to disclose the reason in the following cases:

1. Application using inaccurate information or third-party information.
2. Persons whose registration was canceled in the past due to violation of these Terms of Service.
3. Minors or other persons who are legally restricted from performing legal acts and have not completed the appropriate consent procedures.
4. Members or related persons of anti-social forces or related organizations.
5. Other cases where registration is deemed inappropriate according to the Company’s criteria.

User ID and Password Management

1. Service Users shall manage their user ID and password for this Service at their own responsibility.
2. Service Users shall not transfer, lend, or share their user ID and password with any third party under any circumstances.
3. The Company will assume that the use of the user ID and password combination that matches the registered information is the use by the Service User who registered that user ID.
4. The Company shall not be liable for any damage incurred by the Service User or any third party due to the use of the user ID and password by a third party.
5. Service Users who determine that their user ID, password, or other account information has been or may have been leaked to a third party must promptly report the fact to the Company and follow the instructions from the Company.

Third-Party Services

This Service may include integrations with websites and applications operated by third parties (hereinafter referred to as “Third-Party Services”), which does not indicate an official partnership or agreement between the Company and the operators of the Third-Party Services.

If Service Users wish to use Third-Party Services, they must agree to the terms of use of the Third-Party Services and assume all responsibility for their use based on the terms provided by the Third-Party Services. The Company does not guarantee the quality of Third-Party Services, nor is it responsible for any changes or termination of services by external operators.

About Backups

Service Users are responsible for recording, storing, and managing information and registration data obtained or input by visitors through the use of this Service.

If Service Users fail to take these measures and the Company deletes data in accordance with Article 19, the Company shall not be responsible for any consequences.

Intellectual Property Rights

The copyright and other intellectual property rights of content created by Service Users using this Service, such as text, images, and videos, belong to the Service Users.

However, copyrights and other intellectual property rights for the Service itself, related software, content processed or edited by the Company (including unedited templates), statistical information, and all data created through this Service (including reports, graphs, charts, etc.) belong to the Company.

Service Users are prohibited from attempting to analyze this Service, including reverse engineering, decompiling, and disassembling, or any act that infringes the Company’s intellectual property rights.

Use of Service Users’ Trademarks and Logos

The Company may use the company name, brand marks, logos, and numerical results of service implementation of Service Users for marketing materials or case studies on the Company’s website. Service Users agree in advance to the use of their company name, brand marks, logos, and numerical results for these purposes. However, this does not apply if the Service User has objected in writing (including email and other electronic methods) in advance.

Prohibited Actions

Service Users must not engage in any of the following actions when using this Service, or any action deemed by the Company as falling under these categories:

1. Illegal Activities: Actions that violate laws, regulations, or administrative directives; direct or indirect involvement in criminal activities.
2. Infringement of Copyright: Violating the intellectual property rights of others, such as copyright, trademark rights, patent rights, etc.; unauthorized copying, distribution, or public display of copyrighted content.
3. Unauthorized System Access: Hacking, spreading viruses, using malware; unauthorized access, interference with services, data tampering.
4. Improper Handling of Personal Information: Illegally obtaining, using, or disclosing others’ personal information; actions that infringe on privacy.
5. Harassment and Discriminatory Behavior: Harassment, bullying, or distressing other Service Users; discriminatory, offensive, or defamatory statements or actions; actions causing disadvantage, damage, or discomfort.
6. Unfair Competitive Practices: Unfairly denigrating services of competitors; actions that hinder fair market competition.
7. Misuse of the Service: Reverse engineering, decompiling, or disassembling this Service; spamming or fraudulent advertising/promotion using this Service.
8. Exclusion of Anti-social Forces: Directly or indirectly providing benefits to anti-social forces; any other actions the Company deems inappropriate.

Suspension of Service Provision

1. Temporary Suspension: The Company may temporarily suspend the provision of this Service without prior notice to Service Users under certain circumstances, such as emergency maintenance of servers or software; force majeure events like fires, power outages, natural disasters; and other cases deemed necessary for operational or technical reasons by the Company.
2. Termination of Service: The Company may terminate the provision of this Service due to reasons like a decline in demand for this Service, lack of economic feasibility, changes in laws, court judgments, administrative guidance or orders, and other cases where the Company deems continuation of service difficult. In such cases, the Company will notify Service Users in advance.
3. Limited Liability for Service Suspension: The Company will not be liable for any damages incurred by Service Users or third parties due to the temporary suspension or termination of the Service as outlined in this article.
4. Data Handling: Upon termination of the Service, the Service User’s data will be deleted from the Company’s system unless otherwise specified. Service Users are responsible for backing up necessary data before the termination of the Service.

Usage Restrictions and Deletion of Registration

Usage Restrictions: The Company may temporarily restrict a Service User’s access to the Service without prior notice if they engage in activities violating these Terms of Service, interfere with other Service Users’ use of the Service, or perform illegal activities such as unauthorized access or misuse.

Deletion of Registration: The Company may immediately cancel a Service User’s registration and permanently prohibit further use of the Service without prior notice or warning if the Service User commits a serious violation of these Terms of Service, repeats violations even after usage restrictions, or in other cases where the Company deems necessary to maintain the safety and reliability of the Service.

Disclaimer: The Company is not responsible for any disadvantages or damages incurred by the Service User due to usage restrictions and registration deletion as stipulated in this article.

Data Handling: Upon deletion of registration based on this article, the Service User’s account data and related information will be deleted from the Company’s system. The Company is not obligated to provide backup data to the Service User.

Withdrawal

Service Users may withdraw from this Service at any time at their discretion. To do so, they must follow the procedures specified by the Company.

Data Handling After Withdrawal: When a Service User withdraws, all data related to their account will be deleted from the Company’s system in accordance with Article 19. It is recommended that Service Users back up necessary data before withdrawal.

Unprocessed Obligations: If there are unprocessed payments or other unfulfilled obligations at the time of withdrawal, the Service User must immediately fulfill these obligations.

Regarding Re-registration: If a Service User wishes to use this Service again after withdrawal, they must register anew.

Disclaimer: The Company is not responsible for any disadvantages or damages that may be incurred by the Service User as a result of withdrawal.

Disclaimer

1. The Company does not guarantee the accuracy, usefulness, completeness, or legality of this Service, its content, or information. It does not provide any warranty that the Service is free of security defects, errors, bugs, or other issues.
2. The Company will not be liable for damages caused by the Service User’s violation of these Terms or due to reasons attributable to the Service User.
3. The Company does not guarantee that the Service is compatible with all information terminals. It also does not assume responsibility for operational issues caused by updates to the OS of the information terminal used by the Service User. Furthermore, even if program modifications are made to address such issues, there is no guarantee that the issues will be resolved.
4. The Company will not be liable for any damages caused by events outside its control, such as natural disasters, spread of infectious diseases, war, riots, amendments to laws, government orders, communication line or electrical equipment failures, or maintenance of the system or related equipment.
5. If the Company is liable for damages to the Service User, the amount of compensation will be limited to the total fees paid by the Service User to the Company during the last year.

Changes to Service Content, etc.

Changes to Service Content: The Company reserves the right to change the content of this Service without prior notice to the Service User. This includes adding, changing, or deleting features, or improving or upgrading parts of the Service. These changes do not fall under the scope of Article 2.

Notification Obligation: If the changes to the Service content significantly affect the use of the Service for the Service User, the Company will endeavor to notify the user in a reasonable manner.

Handling of Personal Information

The Company will appropriately handle personal information obtained through the use of this Service in accordance with the separately established “Privacy Policy” and the Personal Information Protection Law and other related laws.

Anti-Social Forces, etc.

1. Exclusion of Anti-Social Forces: Service Users must not engage in the following acts directly or through a third party: violent demands, unreasonable demands beyond legal responsibility, threatening behavior in transactions, using gangs or other anti-social forces, and involvement with anti-social forces.
2. Prohibition of Relations with Anti-Social Forces: If a Service User is deemed to be an anti-social force or involved with such, they will lose their eligibility to use this Service.
3. Contract Termination: If it is discovered that a Service User is an anti-social force, the Company may immediately terminate the Service User’s contract without notice or demand. In this case, the Company is not liable for any damages to the Service User.
4. Liability for Damages: If a Service User causes damage to the Company by violating this article, they are liable for compensating the Company for such damages.

After Termination of Service Use

Data Handling: After the termination of Service use, the data related to the Service User’s account will be automatically deleted unless otherwise agreed upon. It is recommended that Service Users back up necessary data before the end of Service use.

Termination of Rights and Obligations: Upon the termination of Service use, the Service User’s right to use the Service and all rights and obligations between the Company and the User will end, except as otherwise specified.

Deletion of Held Information: After the termination of Service use, the Service User’s personal information and usage data will be deleted within 90 days.

Disclaimer: The Company is not responsible for any loss of the Service User’s data after the termination of Service use.

Notification and Contact

Notification Method: Notifications or communications from the Company to the Service User will be made through announcements within the Service, email to the registered email address of the Service User, or other methods deemed appropriate by the Company.

Change of Contact Information: Service Users are responsible for promptly notifying the Company of any changes in their contact information (e.g., email address, phone number). The Company is not liable for any damage incurred by the Service User due to failure to notify such changes.

Emergency Notifications: In urgent matters, the Company will provide prompt notifications via the website or email.

User Notifications to the Company: Notifications or communications from the User to the Company should be made using methods specified by the Company. Oral notifications and communications are not accepted.

Effectiveness of Notifications: Notifications or communications from the Company to the Service User take effect at the time of sending.

This Agreement and Individual Contracts

This Agreement applies to all usage contracts for this Service (referred to as “Individual Contracts”) concluded between the Service User and the Company. If there is any discrepancy between the provisions of this Agreement and an Individual Contract, the provisions of the Individual Contract shall take precedence.

Prohibition of Transfer of Rights and Obligations

Prohibition of Transfer: Service Users cannot transfer, assign, or offer as collateral their contractual status, rights, or obligations related to the use of this Service without prior written consent from the Company.

Transfer by the Company: The Company may transfer its rights, obligations, and contractual status related to this Service to its affiliates, successors, or business transferees with prior notification to Service Users. This transfer may include user personal information and other customer data.

Effect of Transfer: Upon the transfer of rights and obligations, the transferee will fully assume the transferred rights and obligations.

Governing Laws: The transfer of rights and obligations under this Agreement will be conducted in accordance with applicable laws.

Governing Law and Jurisdiction

This Agreement shall be interpreted in accordance with Japanese law. In the event of any dispute related to this Service, the court at the location of the Company’s head office shall have exclusive jurisdiction.

Consultation

In the event of any matter not stipulated in this Agreement or any doubt arising, the Company and the Service User shall discuss in good faith to resolve the issue.