Article 1 (Introduction)
Article 2 (Definition and Registration)
- The User is defined as a person who has entered and transmitted necessary data in a User registration form and has been approved by the Company.
- In any of the following circumstances, the Company may, at its own discretion, (i) refuse to give approval for the User registration in respect of any person who wishes to be registered as a User, or (ii) restrict the use of the Services, in whole or in part, or cancel a User registration and disallow the use of any and all the Services thereafter in respect of any person who has already been approved by the Company for User registration. The Company shall assume no liability for damages suffered by the User or any third party resulting therefrom.
- Where any false information is provided in the User registration;
- Where the User itself fails to change the information on the User registration in the event of any changes thereto after the completion of the User registration;
- Where the User fails to use the Services for a certain period of time notwithstanding that it has been registered as a User;
- Where the User accesses the Services beyond the scope of general use;
- Where the User places overloads the system;
- Where the User conducts any act equivalent to unauthorized access or cracking; or
- Where the User comes under organized crime (gangs, gang members, gang related enterprises, organizations, or associated persons, or any other entity that applies to any of the aforementioned, and so forth.), is cooperating with organized crime by supplying capital or by any other means, or could in any way be considered to be involved in organized crime at the discretion of the Company.
- Where the User engages in any other act which is determined to be inappropriate by the Company.
Article 3 (IDs and Passwords)
- The User shall enter an email address where the User can constantly receive emails and set a password when registering as a User.
- The User shall be responsible for managing the email address and password registered by him/her.
- Any acts conducted using the email address and password shall be regarded as the acts of the User who has registered such email address.
- Email address and other information registered in the User registration must be accurate and legitimate.
- The User is prohibited from transferring or lending his/her email address or password.
- The User must contact the Company immediately if an email address or password is leaked to a third party or is used by a third party. The Company shall assume no responsibility and shall not be liable for any and all losses and damages incurred by the User as a result of an unauthorized login caused by the acts of the User.
- The Company may delete the User's name and password, and prohibit the use of the Services in respect of a certain registered User when the Company deems necessary.
Article 4 (Protection of Information)
- The Company shall acquire from the User the minimum information required for the provision of the Services. The Company shall pay utmost care to the protection of information acquired from the User.
- The Company will use personal information and usage information obtained from the User in the following cases.
- When the User uses the Service, such as receiving email.
- When displaying information on the Service optimized for each User.
- When analyzing the usage of services for the purpose of improving the Service.
- When statistical data is used to improve Service convenience, such as explaining the Service to the User or a third party, or when the user wants to check their usage status.
- When it is necessary for individual processing or business such as contacting the User or a third party, identity verification, investigating or responding to a contract violation, and investigating of the contents of the inquiry.
- When the Company makes contact based on service usage conditions or questionnaires for the purposes of promotion and sales of the Service.
- The Company will not alter or disclose to a third party any personal information acquired from the User or usage information that can identify individuals except in the following cases.
- When the User himself/herself gives consent to disclose/modify information.
- When disclosure is requested due to warrant or the Company is legally obligated to disclose personal information.
- When there is an immediate danger to the life, body, property etc. of the User or a third party, or there is an emergency and it is difficult to obtain consent from the person himself/herself.
- The User retains all rights regarding information posted on the Services and the various data obtained as a result of using the Services (hereinafter collectively referred to as "User Data").
Article 5 (User's Responsibility)
- The User is required to access the Internet in order to use the Services, and is required, at his/her own responsibility and expense, to prepare, install and operate any and all equipment, software, communication tools necessary therefor in an appropriate manner. The Company shall not be involved in the Internet access environment of the User, and shall not be responsible for the preparation and operation therefor.
- If the Company needs to contact the User, it shall do so by means of sending an email to the User's registered email address. The User shall properly update his/her information in respect to his/her registered email address so that he/she can receive emails from the Company. The User must promptly change the registered email address in an appropriate manner if he/she can no longer receive emails by such email address for any reason. The User shall be responsible for any detriment suffered by him/her resulting from the failure to receive emails from the Company, and the Company shall not be liable therefor.
- In the event that the User infringes the rights of the others as a result of the use of the Services, or there appears any person who claims to have suffered inconvenience as a result of the use of the Services, such User shall, at his/her own responsibility and expense, settle the issue and the Company shall not be liable therefor.
Article 6 (Prohibitions)
- In connection with the use of the Services, the User may not, whether intentionally or by negligence, conduct any act which falls or may fall under any one of the following items, regardless of the form of the act involved;
- Any act which infringes the rights of a third party;
- Any act which infringes the privacy of others;
- Any fraudulent act;
- Any act to establish a Ponzi scheme (pyramid scheme) or solicit and/or operate the same;
- Any act in violation of the Act on the Prevention of Unauthorized Computer Access, any act defined in the Obstruction of Business by Damaging a Computer (Penal Code Article 234-2), and illegal access and manipulation of data in computers owned by the Company and others; and
- Any other criminal acts or acts in violation of laws and regulations.
- In connection with the use of the Services, the User shall not engage in any of the inappropriate acts as described below;
- Disturbing the peace, harassing, slandering, libel, or forcing psychological harm or economic harm onto a third party;
- Promoting organized criminal activity or profiting organized crime in any way through use of the Services;
- Continuing the use of the Services without reasonable grounds even though he or she has been warned and cautioned by the Company for acts which are inappropriate under general social convention or which may trouble a third party;
- Diverting, selling, re-selling, or transferring the Services or accounts maintained with the Company without the approval of the Company;
- Using the Services other than for the purpose of the use of the Services.
- In addition to the acts set forth in each of the items above, the User shall not engage in acts which are determined to be inappropriate by the Company.
- The Company may suspend the provision of the Services if it determines that the User has conducted any act which falls under the prohibited acts as set forth in each of the items above. In addition, the Company may claim against the User for the damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) suffered by the Company as a result of such User's acts.
Article 7 (Charges)
- The fees and charges for the use of the Services shall be separately set forth by the Company.
- The User shall pay the Company or sales partner for expenses incurred by the Company in relation to use of the Service. The method of payment shall be separately set forth by the Company or Sales partner.
- The Company shall not be liable for any and all damages incurred by the User or a third party due to reasons that the Company is unable to confirm payments made by the User including cases where the User has made a payment in a manner other than those set forth by the Company or sales partner.
- The Company or sales partner may revise the charges of the Services without giving prior notice to the Users and the User shall agree therewith.
- Under no circumstances should charges paid by the User to the Company or sales partner in relation to the Services be returned to the User for any reason whatsoever.
Article 8 (Suspension and Cancellation of a Paid Plan by the User)
- The User can cancel a paid plan of the Services by notifying the Company via the method prescribed by the Company.
- If a paid plan is suspended as stipulated in the previous paragraph, the paid plan will continue to apply until the end of the month of which the suspension procedure took place (hereinafter referred to as the "Month of Suspension").
- At the end of the Month of Suspension, the actual usage total of that month is calculated, a final usage fee is charged based on that total, and the Services' Free Plan is applied starting from the 1st day of the following month.
- The User can delete his/her user account by notifying the Company via the method prescribed by the Company. Deletion of a user account will result in the cancellation of the use of the Services.
Article 9 (Temporary Suspension of Services)
- The Company shall not be liable for any detriment or damage suffered by the User or any third party due to the suspension of the Services as a result of the following reasons;
- Due to reasons such as failure, management, inspection, repairs and maintenance of the facilities and systems used for providing the Services or otherwise used by the Company;
- Where the Services cannot be provided due to fire, power outage, etc.;
- Where the Services cannot be provided due to natural disasters such as earthquakes, volcano eruptions, floods, tsunamis, typhoons, heavy snow, etc.;
- Where the Services cannot be provided due to reasons such as war, turmoil, riot, terrorism, labor disputes, imposition of administrative measures, etc.;
- Other such events, in addition to the above, as a result of which the Company determines the temporary suspension of the Services necessary due to operational or technical reasons.
Article 10 (Limitation of Liability)
- The Company shall not be liable to compensate for damages arising from special circumstances (whether or not the Company foresees and whether or not it is foreseeable by the Company), indirect damages, consequential damages, and lost profits even if such damages are incurred by the User due to reasons attributable to the Company.
- If the User incurs any damages due to reasons attributable to the Company and the Company is liable to compensate for such damages to the User, such amount of damages shall not exceed the amount equivalent to one (1) month's charges for the Services, irrespective of the cause of the claim.
- The preceding two (2) paragraphs shall not apply where Users incur damages due to the willful intention or gross negligence of the Company.
Article 11 (Disclaimer)
- The Company shall not be liable to compensate for the damages set forth in each of the following items irrespective of the cause of the claim.
- The Company shall exert its utmost efforts to make the Services useful to all Users. The Company shall not be liable for any and all damages incurred by the User or a third party resulting from or due to defects, partial deletion, changes and termination of the contents of the Services.
- The Company shall not be liable for any and all damages arising from the disputes between any User and other Users or any third party as a result of the use of the Services by the User.
- The Company may suspend the use of the Services and delete the data of the User who has not been using the Services for a certain period of time. In such cases, the User may not make any objection to the measures taken by the Company, and the Company shall not be liable for any and all damages incurred by the User.
- The Company shall not be liable for any and all damages incurred by the User caused by the Services being infected with computer viruses.
- The Company shall not be liable for any and all damages incurred by the User due to unauthorized access to or attacks on the facilities of the Company which are used for the provision of the Services, or interception of communication which could not be prevented with the care of a good manager.
- The Company shall not be liable for any and all damages incurred by the User due to any software and database which is not manufactured by the Company being used by the Company to establish the facilities necessary for the Company's provision of the Services.
- The Company shall not be liable for any and all damages incurred by the User due to any hardware which is not manufactured by the Company being used by the Company to establish the facilities necessary for the Company's provision of the Services.
- In addition to above, the Company shall not be liable for any and all damages incurred by the User due to reasons not attributable to the Company.
Article 12 (Disclaimer of Warranties)
- With regard to the Services, the Company disclaims any and all representations and warranties of any kind, whether express, implied, statutory or otherwise, including without limitation, (i) warranties of the fitness for a particular purpose, (ii) warranties that the Services are free from defect, (iii) warranties that the Services will be provided on a continuous basis or does not contain any detrimental elements, or (iv) warranties that any and all information including those acquired from the User is safe and is not lost or damaged.
Article 13 (Intellectual Property Rights)
- Any and all contents of this Website and the Services (including but not limited to designs, texts, software, configurations, graphics, and other files) are the properties of the Company, and all rights relating thereto are reserved by the Company and cannot be duplicated.
- Mackerel and logos of Mackerel include but are not limited to either the trademarks, service marks or registered trademarks of the Company, and shall not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.
Article 14 (Property Rights of Company)
- The contents of the Services are subject to future changes, additions, or deletions without prior notice.
Article 16 (Governing Law and Jurisdiction / Language)
- Established on May 8, 2014
- Amended on July, 2014
- Amended on May 26, 2015
- Amended on Oct 2, 2017
- Amended on May 23, 2018
- Amended on Jan 15, 2019