Terms of service

These Terms of Use (hereinafter referred to as the "Terms") set out the terms and conditions for provision of the Service, and the rights and obligations between the Company and merchants who operate Shopify sites that use the Service (hereinafter referred to as “Merchants”). Before using this Service, you must read the full text of these Terms and agree to them. Merchants shall be deemed to have agreed to these Terms upon installing the Service from the Shopify app store (hereinafter the “Platform”).

Article 1 (Applicability)

These Terms are intended to establish the terms for provision of the Service and the rights and obligations between the company and the Merchant with respect to the use of the Service, and apply to any and all relationships between the Merchant and the company with respect to use of the Service.
If the content of these Terms differs from the rules of the preceding paragraph or other explanations of the Service outside these Terms, the provisions of these Terms shall prevail.

Article 2 (Definitions)

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

“Service Agreement” means the agreement for the use of the Service entered into between the Company and the Merchant under these Terms.
“Intellectual Property Rights” includes copyrights, patent rights, utility model rights, design rights, trademark rights and other intellectual property rights (including the right to acquire those rights or to apply for registration of those rights).
“Company” means SAN AI Inc.
The “Company's Website” means a website operated by the Company under the domain “monjia-segment.app” (including, if for any reason the domain or content of the website has changed, the website after such change).
"Merchant" means an individual or entity that operates an E-commerce store using Shopify that is registered as a user of the Service.
"User" means an individual or corporate entity that uses an E-commerce site built on Shopify and operated by a Merchant.
The "Service" means the service called "Notify With Segment" provided by the Company (including, if the name or content of the service is changed for any reason, the service after such change).

Article 3 (Registration)

A person who wishes to register for use of the Service may apply to the Company to do so by agreeing to comply with these Terms and providing certain information specified by the Company (hereinafter referred to as “Registration Items”) to the Company by the method prescribed by the Company.
Upon registration, a Service Usage Agreement is established between the Merchant and the Company, and the Merchant will be able to use the Service in accordance with these Terms.
The Company may refuse registration and re-registration if any of the following apply to the registrant, and shall have no obligation to disclose the reason.

If there is any falsehood, error, or omission in all or part of the Registration Items provided to the Company.
If the registrant is a minor, or an adult under supervision of a guardian, curator or assistant, who has not obtained the consent of the legal representative, guardian, curator or assistant.
If the registrant is determined by the Company to be associated or involved with antisocial groups (here and below meaning organized crime groups, members of organized crime groups, right-wing organizations, antisocial movements, or other equivalent persons), or to be such as cooperating or participating in the maintenance, operation or management of antisocial groups through funding or other means.
The Company determines that the registrant is a person who has violated a contract with the Company in the past or is related to such a person.
If the measures stipulated in Article 13 have been applied.
If the Company determines for any other reason that registration is inappropriate.

Article 4 (Changes to Registration Items)

If there is a change in the Registration Items, the Merchant shall notify the Company of such change without delay by the method specified by the Company.

Article 5 (Control of Information)

Merchant shall be responsible for the appropriate management and storage of passwords and user IDs related to the Service, and shall not let third parties use them, or lend, transfer, change names, buy or sell, etc.
The Merchant shall be liable for damages caused by inadequate management of passwords or user IDs, errors in use, use by third parties, etc.

Article 6 (Fees and Payment Method)

Merchant will pay a predetermined usage fee for each predetermined usage period for using the Service. The usage period and usage fee shall be specified and displayed in the Shopify app store.
The usage fee will be paid in together with the Shopify usage fee via the payment method of the subscription (periodic automatic payment) prescribed in the Shopify Terms of Service (Additional Fees).
If there is no particular indication from the Company or the Merchant regarding continued use, it will automatically be renewed for another 30 days from the day following the expiration date, and the same will apply thereafter.
The Company may change the type, content, usage fees, and other usage agreements of the Service after renewal by giving at least 30 days' notice of changes to the content of the Service Agreement.
Refunds of fees paid will be subject to Shopify policy. No prorated refunds will be made for cancellations in the middle of a month.

Article 7 (License to Use the Service)

The Company grants Merchant a personal, worldwide, royalty-free, limited, non-transferable, non-exclusive license to use the Services without any right to sublicense. The sole purpose of this license is for the Merchant to use and benefit from the Services in the manner permitted by these Terms.
Merchant agrees not to access (or attempt to access) the Service in any manner other than through the interface provided by the Platform.

Article 8 (Prohibitions)

When using the Service, Merchant shall not engage in any of the following acts, or acts that the Company determines to fall under any of the following items.

Acts that violate the law or are related to criminal acts
Fraud or intimidation targeting the Company, other users of the Service, or other third parties
Acts against public order and morals
Acts infringing on any intellectual property, publicity or privacy rights, honor or other rights or interests of the Company, other users of the Service or other third parties
Acts that put excessive load on the network or systems of the Service
Reverse engineering or other analysis of software or other systems provided by the Company
Acts that may interfere with the operation of the Service
Unauthorized access to the Company’s network or systems
Impersonating a third party
Using the ID or password of another user of the Service
Publicity, advertising, soliciting, or selling on the Service without prior consent of the Company
Collecting information about other users of the Service
Causing disadvantage, damage or discomfort to the Company, other users of the Service or other third parties
Provision of benefits to antisocial groups
Investigating, scanning, or testing system or network vulnerabilities, or breaching or avoiding security or authentication measures
Attempts to circumvent technical measures implemented by the Company, its service providers or other third parties (including other Merchants) to protect the Company, the Platform, Merchants or other third parties
Accessing the Platform for the purpose of obtaining information to build similar or competing applications or services
Acts that directly or indirectly cause or facilitate acts mentioned in the preceding list
Attempting the acts described in the preceding list
Other acts deemed inappropriate by the Company

Article 9 (Suspension of Service)

The Company may suspend or discontinue provision of the Service in whole or in part without prior notice to the Merchant in any of the following cases:

When performing urgent inspection or maintenance work on the computer systems pertaining to the Service
When the Service cannot be operated due to failure of computers or communication lines, misoperation, excessive concentration of access, unauthorized access, hacking, etc.
When the Service cannot be operated due to force majeure such as earthquakes, lightning strikes, fires, storm damage, power outages, natural disasters, etc.
Other circumstances in which the Company determines that a suspension or interruption is necessary

Article 10 (Responsibilities of the Merchant)

Merchant is solely responsible for use of the Service.
Notwithstanding the provisions of the preceding paragraph, if a problem occurs with regard to the User's use of the Service, the Company shall resolve such problem at its own expense and responsibility, and the Company shall not be liable for any problem outside the scope of the Service.
The Company is not responsible for loss of data due to failure to create a backup. Merchant shall be responsible for creating and managing data backups.
If Merchant causes damage to Users or third parties by using the Service, Merchant shall compensate for this at its own expense and responsibility, and Company shall not be liable.
Merchant shall use the Service with the understanding that the Service is a best-effort service and that it may be difficult to provide the Service due to various factors such as network and server conditions.

Article 11 (Disclaimer)

The Company does not guarantee any particular effect to the Merchant relating to use of the Service.
Although the Company pays sufficient care to the content of the Service, it does not make any guarantees regarding the accuracy, completeness, currency, or usefulness thereof. Use of the Service shall be at the discretion of the User.
The Company does not guarantee that storage of data created by the Service, access to the Service, or use of the Service will not be affected by viruses, etc. Users are responsible for their use of the Service.
The Company is not responsible for any issues that arise between Merchant and shops that Merchant manages, or between Merchants and third parties in connection with the Service.
The Company shall not be liable for damages due to reasons not attributable to the Company, such as natural disasters, or damage arising from special circumstances, or indirect damage including lost profits, regardless of whether the Company could have foreseen such damages.

Article 12 (Intellectual Property Rights)

Intellectual property rights related to the Service belong to the Company or a third party with legitimate rights. Users should use the Service in a manner that does not infringe on the rights of other Users, the Company, or any third parties.

Article 13 (Deregistration)

The Company may temporarily suspend use of the Service for a Merchant or terminate registration as a Merchant without prior notice in the event that any of the following apply:

Violation of any provision of these Terms
When it is found that Registration Items are falsified
Suspension of payment or insolvency, or when petition has been made for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation or similar proceedings
When Merchant stops using the Service
When there is no response for more than 30 days to inquiries or other messages from the Company requesting a response
Cases pertaining to items in the list in Article 3, Paragraph 3
When the Company otherwise determines that continued use of the Service or registration as a Merchant is not appropriate

In the event of any of the reasons set forth in the preceding list, the Merchant shall as a matter of course lose the benefit of the term for all debts owed to the Company and shall immediately pay all debts to the Company.

Article 14 (Suspension of Renewal)

Merchant may end use of the Service or suspend its own merchant usage registration by completing the procedures prescribed by the Company.
Upon suspension, it will still be possible to use the Service for the remainder of the period already authorized.
The handling of User information after withdrawal shall be in accordance with the provisions of Article 18.

Article 15 (Change and Termination of Service)

The Company may change or terminate provision of the Service at the Company's convenience.
If the Company terminates provision of the Service, the Company shall notify the Merchant in advance.

Article 16 (Disclaimer and Repudiation of Warranties)

The Company makes no warranty, expressed or implied, that the Service conforms to the specific purpose of the Merchant, that it has the functionality, commercial value, accuracy, and usefulness expected, that the Merchant’s use of the Service conforms to applicable laws and regulations or internal rules, etc., of industry associations, that it can be used continuously, or will be free from defects.
The Company shall not be liable to the Merchant for any damages incurred by the Merchant in connection with the Service in excess of the amount of consideration paid by the Merchant to the Company in the past six months, and shall not be liable to the Merchant for incidental, indirect, special, or future damages or lost profits.
Any transaction, communication, dispute, etc. between Merchant and Users or any third parties in connection with the Services shall be resolved by Merchant at its own risk.

Article 17 (Confidentiality)

With regard to any non-public information disclosed to the Merchant by the Company in connection with the Service accompanied by a request that it be treated as confidential, Merchant shall treat such information as confidential except with the Company’s prior written consent.

Article 18 (Handling of Personal Information)

The handling of personal information by the Company shall be governed by the separate provisions of the Company's Privacy Policy, and the Merchant consents to the Company's handling of the Merchant’s personal information in accordance with this Privacy Policy.
The Company may, at its discretion, use and disclose information, data, etc. provided by the Merchant to the Company as statistical information in a form that does not identify the individual, and the Merchant shall not object to this.
If Merchant stops using the Service, the Company will promptly delete all information about the Merchant and Users. Merchant acknowledges in advance that, should Merchant wish to resume use of the Service, the previous data will not be available.
The Company may use your registration information, device information, and other information about you in a form that does not identify the individual, in order to use it for information distribution, statistics, and other services provided by the Company, or to provide it to third parties.
In order to monitor usage of the Service, the Company uses Shopify's API module to collect information on the use of the Service. Please refer to Shopify’s Terms of Use and Privacy Policy regarding these modules.
The Company shall not be liable for any damage caused by use of the information collection modules.
In the event of a failure of the Service, the Company may check on the usage status of Merchants and Users.

Article 19 (Amendment of these Terms)

The Company may amend these Terms without prior notice to Merchant in the following circumstances:

When the amendment of these Terms is in the general interest of Merchant
When the amendment of these Terms does not violate the purpose of the Service Agreement and is reasonable in light of the necessity of the amendment, the equivalence of the content after the amendment, and other circumstances relating to the amendment.

The Company, in the event of an amendment to these Terms, shall notify the Merchant in advance of the amendment, the details of these Terms after the amendment, and the effective date thereof.

Article 20 (Communication/Notification)

Inquiries regarding the Service, other communications or notices from Merchant to the Company, and notices regarding amendments to these Terms and other communications or notices from the Company to Merchant shall be made in the manner prescribed by the Company.
If the Company contacts or sends a notification to the email address or other contact included in the Registration Items, Merchant will be deemed to have received such contact or notification.

Article 21 (Assignment of Position under the Service Usage Agreement)

Merchant may not assign, transfer, encumber or otherwise dispose of, to any third party, its position under the Usage Agreement or any rights or obligations under these Terms without the prior written consent of the Company.
In the event that the Company assigns the business related to the Service to another company, the Company may assign its position under the Usage Agreement, rights and obligations under these Terms, Merchant’s registration items, and other customer information to the assignee of the business transfer in association with said business transfer, and Merchant shall agree in advance to such transfer in this paragraph. Furthermore, the business transfer specified in this paragraph includes not only normal business transfers, but also division of the company and any other cases where the business is transferred.

Article 22 (Severability)

If any provision of these Terms or any part thereof is held to be invalid or unenforceable by consumer contract law or other law, the remaining provisions of these Terms and any part thereof shall remain in full force and effect.

Article 23 (Good Faith Negotiation)

Matters not set forth in these Terms shall be resolved amicably through mutual consultation between the Company and Merchant in good faith on a case-by-case basis.

Article 24 (Agreed Court of Jurisdiction)

The district court with jurisdiction over the location of the head office of the Company shall be the agreed exclusive jurisdictional court for the first instance of litigation related to these Terms.

Article 25 (Governing Law)

The applicable law regarding these Terms shall be the laws of Japan.

[Established on 1/11/2023]

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