Recustomer Terms of Service
Article 1 (Terms)
These Terms of Service (the "Terms") govern the use of the customer support automation service "Recustomer" (the "Service") provided by Recustomer Inc. (the "Company"), which offers solutions related to returns, exchanges, refunds, and shipment tracking for e-commerce operators. By applying for the Service using the Company's prescribed method, Users are deemed to have agreed to these Terms.
Article 2 (Definitions)
Unless otherwise defined herein, the following terms shall have the meanings set forth below:
(1) "User" means a corporation or individual who agrees to these Terms and enters into a service agreement ("Service Agreement") with the Company.
(2) "Website" means the website operated by the Company to provide the Service.
(3) "Software" means software developed and published by the Company to provide the Service, including updates.
(4) "Registered Information" means information required by the Company to register Users for the Service.
(5) "Service-Related Information" means all information related to Users stored on Company servers, including registered information and data obtained via the Service.
(6) "Customer" means end-users of Users who request returns, exchanges, refunds, or shipping tracking via the Service.
(7) "Carrier" means a delivery service provider partnered with the Service.
Article 3 (Service Content)
Users may perform the following functions through the Service. For details, refer to the Service introduction page (https://recustomer.me/). Users are solely responsible for performing all return, exchange, refund, and shipping actions toward their Customers. The Company shall not act as the contracting party in such transactions.
(1) Automate communication regarding returns, exchanges, refunds, and shipping notifications.
(2) Communicate with customers about returns and exchanges.
(3) Manage inventory, including return/exchange status.
(4) Request pickup from carriers, if applicable (some functions are limited to issuing an API key from the Company).
(5) Manage and analyze return/exchange/refund reasons.
(6) Provide shipping tracking pages.
Article 4 (Amendment to the Terms)
1. The Company may amend these Terms at any time without obtaining prior consent from Users. However, for material amendments, the Company shall notify Users of the details and effective date at least 30 (thirty) days in advance by posting on the Website or by sending an email to the registered address.
2. When the Company amends these Terms under the preceding paragraph, the details of the amendment and the effective date of the revised Terms shall be posted on the Website or individually notified to Users.
3. Users who continue to use the Service after the effective date of the revised Terms shall be deemed to have agreed to the revised Terms. If a User does not terminate the Service Agreement by the effective date of the revised Terms, the User shall also be deemed to have agreed to the revised Terms.
Article 5 (Notices)
1. When the Company notifies Users regarding the Service, it may do so by posting on the Website, sending an email to the registered email address, mailing a document to the registered address, or by any other method the Company deems appropriate.
2. Notices made by the methods described in the preceding paragraph shall take effect at the time they are posted on the Website or transmitted by the Company.
3. Inquiries from Users to the Company regarding the Service shall be made in the manner separately specified by the Company within the Service.
4. Before making any content created via the Service publicly available in a production environment, Users must contact the Company in advance using the method prescribed by the Company and obtain the Company's confirmation.
Article 6 (Formation of Service Agreement)
1. Users wishing to use the Service shall apply after agreeing to the terms of the Service Agreement.
2. The Service Agreement shall take effect when the User registers the Registered Information and applies in accordance with the procedure designated by the Company, and the Company accepts such application. By submitting the application, the User shall be deemed to have agreed to these Terms.
3. The date on which the Company accepts the application shall be the effective date, and Users may use the Service from that date.
Article 7 (Fees and Payment)
1. Users shall pay the service fees separately determined by the Company ("Fees") as consideration for use of the Service.
2. Fees shall be paid by bank transfer to the account designated by the Company by the specified due date, and any related transaction fees shall be borne by the User.
3. The Company will not refund Fees received under any circumstances.
4. Users shall prepare and bear the cost of communication devices and network connections required for the Service. The Company does not guarantee proper operation of the Website or Software on User-provided devices.
5. Fees related to pickup requests shall be calculated based on the number of pickup requests recorded within the Service ("Recorded Pickup Requests"). If a discrepancy arises between the Recorded Pickup Requests and the actual number of pickups performed by Carriers, the Fees will be adjusted by reduction at the time of Fee payment in the month following the month in which the discrepancy is identified.
Article 8 (User ID and Password Management)
1. Users shall manage their assigned IDs and passwords ("User IDs") responsibly at their own risk and shall be liable for all acts conducted using their User IDs.
2. Users shall not permit any third party other than their officers and employees to use the Service; provided, however, that contractors handling return, exchange, refund, or shipping notification operations on behalf of the User may use the Service under the User's responsibility.
Article 9 (Changes to Registered Information)
1. Users shall promptly update any changes to their Registered Information using the method specified by the Company.
2. The Company shall not be liable for any disadvantage or damage suffered by the User arising from the User's failure to promptly update such information.
Article 10 (Integration with Third-Party Services)
1. Users may, at their own cost and responsibility, use third-party services integrated with the Service ("Linked Services").
2. The Company makes no warranty as to the suitability, accuracy, or completeness of Linked Services.
3. Users shall resolve any disadvantages or damages arising from the use of Linked Services directly with the operators of those services and shall not seek any recourse from the Company.
4. Users acknowledge that data obtained through Linked Services may not be accurately reflected due to technical factors related to those services.
5. When using a Linked Service, Users shall comply with the agreement concluded between themselves and the operator of that Linked Service.
Article 11 (Backups)
1. Users shall record, store, manage, and back up Service-Related Information at their own responsibility and expense.
2. The Company shall not be liable for any loss or damage suffered by the User arising from the absence of backup data or the User's failure to conduct appropriate backup operations.
3. The Company may record Service-Related Information as backup. However, such action does not supplement the User's responsibility for backup under the preceding paragraph, nor does it guarantee the restoration of Service-Related Information.
4. Users acknowledge that certain Service-Related Information (including image data) may be automatically deleted after a certain period (approximately six months).
Article 12 (Prohibited Acts)
1. Users shall not engage in any of the following acts in connection with the Service:
(1) Registering false information as Registered Information;
(2) Using the information or services provided by the Company under the Service Agreement, including the Website and Software, for purposes other than use of the Service;
(3) Acts that infringe, or threaten to infringe, the property rights (including intellectual property rights), privacy, honor, reputation, portrait rights, publicity rights, or other rights or interests of the Company or third parties;
(4) Acts other than those described in the preceding item that infringe, or threaten to infringe, the rights or interests of the Company or third parties;
(5) Acts that violate laws and regulations or are contrary to public order and morals, or are likely to do so;
(6) Improperly using or obtaining the User IDs of third parties;
(7) Using or transmitting computer viruses or other harmful programs, or acts likely to do so;
(8) In addition to the preceding item, acts such as unauthorized access that interfere with the Company's business operations, the provision of the Service, or the Company's communication facilities, or are likely to do so, as reasonably determined by the Company based on objective evidence.
Article 13 (Termination of the Service by the User)
1. Users may terminate the Service Agreement using the method prescribed by the Company.
2. The Company will not refund any Fees already received as of the termination date under the preceding paragraph. If termination occurs in the middle of a month, the full month's Fee remains payable without proration.
3. If the User terminates the Service Agreement under Paragraph 1 of this Article, the Company may delete Service-Related Information.
Article 14 (Termination of the Service by the Company)
1. The Company may, without any notice or demand to the User, terminate all or part of the Service Agreement or suspend the provision of the Service if the User falls under any of the following:
(1) The User violates these Terms;
(2) The Registered Information provided is found to be false, erroneous, or incomplete, in whole or in part;
(3) The Company determines that the User is an antisocial force (including organized crime groups, their members, right-wing organizations, antisocial forces, associate members of organized crime groups, corporate racketeers, social campaign advocacy racketeers, special intelligence violence groups, or equivalent entities; hereinafter the same), or that the User cooperates with or is involved in the maintenance, operation, or management of antisocial forces through funding or other means, or is a legal entity substantially managed by antisocial forces;
(4) A petition for provisional seizure, attachment, auction, bankruptcy proceedings, corporate reorganization proceedings, or civil rehabilitation proceedings has been filed;
(5) The User is subject to disposition for delinquent taxes or public dues;
(6) It is found that the User engaged in violations in the Company's past business dealings;
(7) The User cannot be contacted for 60 days or longer;
(8) The Company reasonably determines that continued use of the Service by the User is inappropriate and notifies the User of such, but the User fails to remedy the cause within 30 (thirty) days.
2. Even if the Service Agreement is terminated under the preceding paragraph, the Company shall not refund any Fees received up to the time of termination, and shall not be liable for any disadvantage or damage incurred by the User or third parties.
3. When the Company terminates the Service Agreement under this Article, the Company may delete Service-Related Information.
Article 15 (Suspension of the Service)
1. The Company may suspend all or part of the Service without prior notice to the User if any of the following occur:
(1) A failure occurs in the systems, equipment, or other facilities necessary to provide the Service, or maintenance or repairs become necessary;
(2) It becomes difficult to provide the Service due to the acts of third parties other than the Company, such as telecommunications providers discontinuing their services;
(3) Force majeure events occur (e.g., natural disasters, war, terrorism, riots, civil disturbances, government actions, labor disputes), making it difficult or likely to become difficult to provide the Service;
(4) Linked Services become unavailable due to circumstances on the part of the Linked Service;
(5) Changes in laws or regulations make it difficult to provide the Service;
(6) Any other circumstances not attributable to the Company that make providing the Service difficult, as determined by the Company.
2. The Company shall not be liable for any disadvantage or damage incurred by Users or third parties due to suspension of the Service under the preceding paragraph.
Article 16 (Changes to the Service)
1. The Company may, at its discretion, change part of the content of the Service. However, for material changes, the Company will notify Users at least 30 days before the effective date either by posting on the Website or sending an email to the registered email address.
2. Such changes made under the preceding paragraph may alter the functionality or performance of the Service compared to before the change.
3. The Company shall not be liable for any disadvantage or damage incurred by Users due to changes made pursuant to this Article.
Article 17 (Discontinuation or Termination of the Service)
1. The Company may, at its discretion, discontinue or terminate all or part of the Service after providing prior notice to Users or posting on the Website. In emergencies or other unavoidable circumstances, such advance notice or posting may not be provided.
2. The Company shall not be liable for any disadvantage or damage incurred by Users due to the discontinuation or termination of the Service under the preceding paragraph.
Article 18 (License to Use the Software)
The Company grants Users who download the Software for use of the Service a non-exclusive license to use the Software, provided that Users comply with these Terms.
Article 19 (Prohibited Acts Regarding the Software)
1. In addition to the prohibited acts set forth in Article 12 (Prohibited Acts), Users shall not engage in any of the following acts regarding the Software:
(1) Copying, translating, adapting, or otherwise modifying the Software;
(2) Selling, distributing, sublicensing, publicly transmitting (including making available for transmission), lending, transferring, leasing, or otherwise disposing of the Software;
(3) Using the Software in a manner that circumvents copy protection or other technical protection measures installed in the Software;
(4) Reverse engineering, decompiling, disassembling, or otherwise extracting the source code of all or part of the Software;
(5) Publishing the Software in a manner that allows third parties to copy it;
(6) In addition to the preceding items, any acts that the Company determines to be inappropriate in light of the intended use of the Software, where the User continues such acts after being notified of their inappropriate nature.
Article 20 (Disclaimer)
1. The Company will make reasonable best efforts to ensure that the Service functions in accordance with the recommended environment separately specified by the Company.
2. The Service does not guarantee suitability for the User's specific purposes, accuracy, legitimacy, usefulness, completeness, or any other aspect.
3. Users shall use Service-Related Information at their own discretion and responsibility, making any necessary changes or corrections as needed.
Article 21 (Intellectual Property Rights)
All intellectual property rights relating to the Service, including copyrights, moral rights, patents, utility model rights, design rights, trademarks, and publicity rights, belong to the Company or legitimate third-party rights holders. The establishment of the Service Agreement does not constitute a license to use any intellectual property rights beyond the scope necessary for use of the Service.
Article 22 (Liability and Indemnification)
1. The Company shall be liable for damages suffered by the User in relation to the Service only in cases of willful misconduct or gross negligence on the part of the Company, and only for ordinary damages suffered by the User.
2. If the User causes damage to the Company through willful misconduct or gross negligence in the use of the Service, the User shall compensate the Company only for ordinary damages suffered by the Company.
3. If any dispute arises between the User and a third party (including but not limited to Linked Services, Carriers, and Customers) in relation to the Service, the User shall resolve such dispute at its own responsibility and expense without seeking any action from the Company, and shall indemnify the Company for any damages (including reasonable attorney's fees) incurred by the Company as a result.
Article 23 (Subcontracting)
The Company may subcontract all or part of the Service-related operations to a third party.
Article 24 (Confidentiality)
1. In these Terms, "Confidential Information" means information clearly marked as confidential, provided or disclosed by one party to the other in connection with the Service, whether in writing (including by electromagnetic means; hereinafter the same in this Article), orally (limited to information confirmed as confidential in writing within 10 days of oral disclosure), or via recording media. However, the following shall not be deemed Confidential Information:
(1) Information already publicly known or already known to the recipient at the time of disclosure;
(2) Information that becomes publicly known through publication or other means after disclosure, through no fault of the recipient;
(3) Information lawfully obtained from third parties without confidentiality obligations;
(4) Information independently developed without using Confidential Information;
(5) Information confirmed in writing by the disclosing party as not requiring confidentiality.
2. The Company and the User shall use Confidential Information only for the purpose of providing or using the Service and shall not disclose or leak Confidential Information to third parties without the written consent of the other party.
3. Notwithstanding the other provisions of this Article, the Company may disclose information obtained from Users through the Service (including Confidential Information) to third parties in the following cases:
(1) When joint use with operators of Linked Services is necessary to provide the Linked Services;
(2) When a request is received from laws or public authorities and it is deemed necessary to comply;
(3) When necessary to protect the life, body, or property of a person, and it is difficult to obtain the User's consent.
4. Notwithstanding the other provisions of this Article, the Company may aggregate and analyze attributes of Service-Related Information and create materials processed so that Users cannot be identified or specified (the "Statistical Materials"), and may use them for the Service and the Company's other services. The Company may also disclose Statistical Materials to third parties.
5. The Company may record telephone interactions with Users for purposes such as improving call quality, and may use such recordings for operational purposes.
Article 25 (Personal Information)
1. The handling of personal information by the Company shall be as set forth in the Privacy Policy separately established by the Company.
2. The Company shall use personal information obtained through the Service only as necessary for providing the Service.
3. The Company shall comply with the Personal Information Protection Law and other related laws and guidelines in handling personal information.
Article 26 (Prohibition of Rights Transfer)
Users shall not transfer (including comprehensive succession through merger, company split, etc.) or pledge their rights or obligations under the Service Agreement to any third party without the prior written consent of the Company.
Article 27 (Term)
The term of the Service Agreement shall be one year from the date of its conclusion. However, unless either the User or the Company gives notice of its intent not to renew at least one month before the expiration of the term, the Service Agreement shall be automatically renewed for another year under the same conditions, and the same shall apply thereafter. Article 14, Paragraphs 2 and 3, Article 22, Article 24, Article 25, and Article 28 shall remain in effect after termination of the Service Agreement.
Article 28 (Governing Law and Jurisdiction)
1. These Terms and the Service Agreement shall be construed under Japanese law, and Japanese law shall be the governing law.
2. Any disputes arising between the User and the Company in relation to these Terms and the Service Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.