Terms of Service

These Terms of Service (the “Terms”) govern the provision of the Service defined below, and constitute an agreement between DigitalCube Co., Ltd. (the “Co
mpany”) and the customer (the “Customer”). These Terms govern the provision of the Service defined below and constitute an agreement between DigitalCube Co., Ltd. and the Customer, or the company or organization the Customer represents. These Terms set out the rights and obligations between the Company and registered users of the Service.

These Terms take effect from the moment the Customer clicks the “Agree” button or checkbox presented together with these Terms, or from the moment the Customer uses any part of the Service prior to that, whichever is earlier.

Definitions

“Service Terms of Use” means these Terms and any other agreements concerning the Service entered into between the Company and registered users.

“Company” means “DigitalCube,” “DigitalCube Co., Ltd.,” “DigitalCube Inc.,” and “株式会社デジタルキューブ.”

“Website” means the following:
Company website (DigitalCube Co., Ltd.)

Service Website

“Service” means any service or solution provided directly by the Company via the Company website, Service website, or AWS Marketplace, including but not limited to the following:

  • Shifter
  • Amimoto Managed Hosting
  • WordPress Powered by Amimoto
  1. “Registered User” means an individual, company, or organization registered as a user of the Service.
  2. “Intellectual Property Rights” means copyrights, patent rights, trademark rights, utility model rights, design rights, and any other intellectual property rights (including the right to acquire or apply for registration of such rights).
  3. “Posted Data” means content — including but not limited to text, images, animations, and other data — that a Registered User posts or transmits through the Service.

Scope of Application

  1. These Terms are intended to set out the conditions under which the Service is provided and the obligations between the Company and Registered Users. These Terms apply between the Company and users of the Service.
  2. Any provisions relating to use of the Service set out on the Company site and Service site shall be treated as forming an integral part of these Terms.
  3. In the event of any conflict between these Terms and rules set out on the Company site, these Terms shall prevail.

Registration

  1. An individual, corporation, or organization wishing to use the Service (the “Applicant” or “User”) may apply for or register through the Company’s site, the Amimoto or Shifter site, or AWS Marketplace, after agreeing to these Terms.
  2. The Company shall determine whether to register a User in accordance with its own criteria. Notice of whether registration is granted will be given by email notification, account activation, or by the commencement of use of the Service. Registration of the Applicant or User as a “Registered User” shall be completed upon notice from the Company, or at the time the User becomes able to use the Service.
  3. Upon completion of registration, a service agreement is formed between the Registered User and the Company, and the Registered User may use the Service in accordance with these Terms.
  4. The Company reserves the right to refuse registration or re-registration of a Registered User without disclosing its reasons, in any of the following cases:
    (i.) It is found that all or part of the registration information provided to the Company by the User is false, inaccurate, or incomplete.
    (ii.) The User is a minor, a person under conservatorship, or a person under assistance, and has not obtained the approval of a legal representative, guardian, conservator, or assistant.
    (iii.) The Company determines that the User falls under, or has some association or involvement with, an organized crime group or its members, a right-wing organization, an antisocial force, or any person equivalent thereto (collectively, “Antisocial Forces”), or is determined to be supporting the maintenance, operation, or management of Antisocial Forces through funding or other means.
    (iv.) The User is determined to have violated an agreement with the Company or relating to the Service.
    (v.) The User has been subject to any of the measures set out in the provisions on cancellation of registration.
    (vi.) The Company otherwise determines that registration is inappropriate.

Changes to Registration Information

If there is any change to a Registered User’s registration information, the Registered User shall notify the Company in the manner prescribed by the Company.

Management of Passwords and User IDs

  1. Registered Users shall, at their own responsibility, keep and manage the password and user ID relating to the Service, and may not allow a third party to use them, or provide, transfer, change the name on, sell, or otherwise dispose of them.
  2. The Registered User shall be responsible for any damage arising from improper management or misuse of the Registered User’s password or user ID, or from use by a third party, and the Company shall bear no responsibility whatsoever for such damage.

Fees and Payment Method

  1. In consideration for the Service, the Registered User shall pay the Company the fees set by the Company and indicated on the Company’s site, in the agreement, in the payment agreement, or elsewhere, in accordance with the payment method designated by the Company.
  2. If a Registered User fails to pay the above fees by the due date, the Service (or the server) will be suspended. The Registered User remains obligated to pay the fees, and must contact the Company if they wish to resume use of the Service.

Returns and Refunds

When starting an annual or monthly plan, the Customer pays the applicable usage fee for the relevant period in advance. Unless a cancellation request is submitted before the end of the paid usage period, the Service will automatically renew, and the Customer will be charged the same fee for the same period as before, and this will continue thereafter. Please note that in the event of mid-term cancellation of an annual or monthly plan, the Company is unable to refund fees for the unused portion of the period.

Product Showcase

If the Customer hosts their website on a DigitalCube product or service, the Customer agrees that the relevant product team may feature a screenshot and web address of the Customer’s site in that product’s showcase to promote the Customer’s site. The product showcase will not share information that is not publicly available, trade secrets, or personally identifiable information. If the Customer wishes to have their site removed from the showcase, they may contact the Company. The Company reserves the right to remove a site from the showcase at any time, for any reason.

Prohibited Acts

In using the Service, a Registered User shall not engage in any of the following acts, or any act that the Company determines falls under any of the following:

(1) Acts that violate laws and regulations, or acts that lead to criminal conduct.

(2) Acts that deceive or threaten the Company, other Registered Users, or other third parties.

(3) Acts contrary to public order and morals.

(4) Acts that infringe the intellectual property rights, right of publicity, right of privacy, honor, or other rights or interests of the Company, other Registered Users, or other third parties.

(5) Transmitting any of the following content to other Registered Users through the Service, or transmitting content that the Company determines falls under any of the following:

Excessively violent or cruel content:

  • Computer viruses or other harmful computer programs.
  • Content that damages the honor or credit of the Company, other users of the Service, or other third parties.
  • Excessively obscene content.
  • Content that promotes discrimination.
  • Content that promotes suicide or self-harm.
  • Content that promotes drug abuse.
  • Antisocial content.
  • Content such as chain emails that is intended to spread information.
  • Content that causes discomfort to third parties.
  • Dating-related content intended to facilitate sexual encounters.

(6) Acts that place an excessive burden on the network or systems of the Service.

(7) Acts that may interfere with the operation of the Service.

(8) Unauthorized access, or attempted unauthorized access, to the systems or networks of the Service.

(9) Impersonating a third party.

(10) Using the user ID or password of another user of the Service.

(11) Engaging in exploitation, advertising, solicitation, or sales activity without the Company’s prior consent.

(12) Collecting information about other users of the Service.

(13) Causing disadvantage, damage, or discomfort to other users of the Service or other third parties.

(14) Acts that violate these Terms.

(15) Acts that provide benefits to Antisocial Forces.

(16) Arrange to meet strangers of the opposite sex.

(17) Acts that directly or indirectly cause or encourage any of the acts set out in the preceding items.

(18) Any other act that the Company determines to be inappropriate.

Suspension of the Service

  1. The Company may suspend or discontinue all or part of the Service without prior notice to Registered Users in any of the following cases:
    (i) When emergency inspection or maintenance of the computer systems relating to the Service is required.
    (ii) When an accident occurs in a computer or communication line.
    (iii) When the Company is unable to provide the Service due to force majeure such as earthquake, lightning, fire, storm, flood, power outage, or other natural disaster.
    (iv) When the Company otherwise determines that suspension or discontinuation is necessary.
  2. The Company shall bear no responsibility whatsoever for any damage incurred by a Registered User as a result of measures taken by the Company under this section.

Ownership of Rights

  1. All Intellectual Property Rights relating to the Site and the Service belong to the Company or its licensors. No provision of these Terms shall be construed as granting a Registered User any license to Intellectual Property Rights held by the Company or its licensors.
  2. The Registered User represents and warrants to the Company that it has the legitimate right to post the Posted Data, and that the Posted Data does not infringe the rights of any third party.
  3. The Registered User agrees not to exercise moral rights of authorship against the Company or any person licensed by the Company.

Cancellation of Registration

  1. The Company may, without prior notice or demand, delete Posted Data, temporarily suspend use of the Service, cancel a Registered User’s registration, or terminate the Service agreement, in any of the following cases:
    (i) The Registered User has violated any provision of these Terms.
    (ii) It is discovered that any registration information was false.
    (iii) The Registered User has suspended payments or become insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar proceedings has been filed against the Registered User.
    (iv) The Registered User has not used the Service for 12 months or more.
    (v) The Registered User fails to respond for 30 days or more to an inquiry or other communication requiring a response from the Company (such as from the service support team).
    (vi) The Registered User falls under any of the items in Section 4 of the registration provisions.
    (vii) In addition to the foregoing, the Company determines it inappropriate for the Registered User to use the Service, maintain their registration, or continue the Service agreement.
    (viii) The content of a website hosted on the Company’s Service violates the AWS Acceptable Use Policy (https://aws.amazon.com/jp/aup/) and no improvement is observed after 3 days; in this case the Company will provide notice to that effect.
  2. If any of the above events occurs, the Registered User shall either pay the full amount owed to the Company or the Service will be suspended.
  3. The Company shall bear no responsibility whatsoever for any damage incurred by a Registered User as a result of measures taken by the Company under this section.

Withdrawal

  1. A Registered User may withdraw from the Service and have their registration as a Registered User cancelled by notifying the Company in the manner designated by the Company.
  2. If any amount is owed by the Registered User at the time of withdrawal, that amount shall become immediately due, and the Registered User shall immediately pay the full amount to the Company.
  3. The handling of user information after withdrawal shall be governed by the provisions on “Handling of User Information.”

Changes to and Termination of the Service

  1. The Company may, at its own discretion, change or terminate the Service at any time. If the Company terminates the Service, it will notify Registered Users in advance.
  2. The Company shall bear no responsibility whatsoever for any damage incurred by a Registered User arising from or in connection with measures taken by the Company due to changes to or termination of the Service.

Disclaimer and Warranty Disclaimer

  1. The Company makes no representations or warranties whatsoever, whether express or implied, regarding the Service, including without limitation as to: (i) fitness for a particular purpose sought by the Registered User; (ii) that the Service will have the functionality, commercial value, accuracy, or usefulness expected; (iii) compliance with the Registered User’s intended use or the internal rules of any industry association; or (iv) that the Service will be free of interruption or defects.
  2. The Company shall not be liable, under any circumstances, for suspension, interruption, or termination of the Service, unavailability of the Service, changes made by the Company, cancellation or loss of messages or information sent by the Registered User to the Service, deletion of a Registered User’s registration, loss of registered data, damage to or malfunction of equipment arising from use of the Service, or any other damage incurred by the Registered User in connection with the Service (collectively, “Damage”).
  3. Regardless of the cause, the Company’s liability for Damage incurred by a Registered User due to causes attributable to the Company shall not exceed the amount paid by the Registered User to the Company in the immediately preceding twelve (12) months. Under no circumstances shall the Company be liable for incidental, indirect, special, or future damages, or for lost profits.
  4. The Company shall bear no responsibility whatsoever for any transaction, communication, or dispute arising between a Registered User and another Registered User or a third party in connection with the Service or the Site.

Confidentiality

Registered Users shall, in relation to the Service, keep confidential any non-public information disclosed to them by the Company where the Company imposes a confidentiality obligation, except where the Company’s prior written consent has been obtained.

Handling of User Information

  1. The Company’s handling of a Registered User’s information shall be governed by the Company’s separately established Privacy Policy, and the Registered User agrees that the Company’s handling of the Registered User’s information will be in accordance with that Privacy Policy.
  2. The Company may use or disclose information or data provided by a Registered User to the Company, at the Company’s sole discretion, as statistical information in a form that does not identify any individual, and the Registered User may not raise any objection to such use.

Revisions

The Company may revise these Terms. If the Company changes these Terms, it will notify Registered Users accordingly. If a Registered User does not take steps to cancel their registration within the period specified by the Company following such notice, the Registered User shall be deemed to have agreed to the revised Terms.

Notices

Inquiries regarding the Service and other communications or notices from a Registered User to the Company, as well as notices of changes to these Terms and other communications or notices from the Company to a Registered User, shall be made in accordance with the procedures prescribed by the Company.

Assignment

  1. A Registered User may not assign, transfer, create security interests in, or otherwise dispose of its status under the Service agreement or its rights or obligations under these Terms, without the Company’s prior written consent.
  2. If the Company transfers its business relating to the Service to a third party, the Company may transfer its status under these Terms and the registration information relating to Registered Users to that third party in connection with such transfer, and the Registered User agrees to this in advance. For purposes of this assignment provision, “business transfer” as referred to above includes not only an ordinary business transfer but also a company split or other form of business transfer, or organizational restructuring.

Severability

  1. Even if any provision of these Terms, or part thereof, is determined to be invalid or unenforceable under Japan’s Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms shall remain in full force and effect.

Governing Law and Jurisdiction

  1. These Terms shall be governed by the laws of Japan. Where the Service involves the sale of goods, the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
  2. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance over any dispute arising from or in connection with these Terms.