Terms of Service
General Provisions
These Terms of Service (hereinafter "these Terms") set forth the terms of use for the application "OLIVE" (hereinafter "the Service") provided by Evis LLC (hereinafter "Party A"). Anyone who installs the Service (hereinafter "Party B") shall be deemed to have agreed to these Terms.
Language Priority
In the event of any discrepancy between the Japanese version of these Terms and any translated version, the Japanese version shall prevail. Party B agrees to refer to the Japanese version as the authoritative basis when any question of interpretation arises.
Commencement of Use
The use agreement for the Service is established at the moment Party B installs the Service from the Shopify App Store, after which Party B may use the Service in accordance with these Terms.
Registered Information
Party B shall keep store information, address, contact information, and other necessary information registered in its Shopify account current and accurate at all times.
Information registered by Party B with Shopify may be obtained and used by Party A in accordance with Shopify's specifications, and Party B agrees to such use.
Party A shall not be liable for any damages arising from registered information not being kept up to date.
Prohibition of Transfer of Rights
Party B shall not transfer, lend, assign, or sell rights related to the Service to any third party, nor allow any third party to use them.
Authentication and Account Management
The Service is accessed via Shopify's authentication mechanism. Party B is solely responsible for the management of its Shopify account, and Party A shall not be liable for any damages arising from inadequate Shopify account management.
Data Management and Backup
Party B shall back up data necessary for use of the Service at its own responsibility. Party A shall bear no responsibility for data loss, mis-operation, defects in integrated systems, or any similar matter.
Outsourcing
Party A may outsource operations related to the provision of the Service to third parties. Party A shall not be liable for any damages incurred by Party B due to the actions of such outsourced parties.
Contract Period and Termination
The contract period begins on the date Party B installs the Service and ends when Party B uninstalls it. Party A may modify the content of the Service or terminate its provision at any time without prior notice to Party B.
Service Fees
Fees are billed via Shopify. Party B may not, for any reason, request a refund of fees already paid.
Prohibited Acts
Party B shall not engage in any of the following acts:
- Analyzing, modifying, or reverse-engineering the Service
- Acts that place an excessive load on Party A's servers, AWS, or similar infrastructure
- Unauthorized access or transmission of malicious code
- Acts that violate laws or public order and morals
- Any other act that Party A deems inappropriate
Temporary Suspension of the Service
The Service may be temporarily suspended in any of the following cases, and Party B shall not be entitled to claim damages on such grounds:
- Failures of external services such as AWS or Shopify
- Updates, specification changes, or similar work
- Force majeure events (disasters, power outages, etc.)
Except in the case of willful misconduct or gross negligence by Party A, Party A shall bear no liability whatsoever.
Disclaimer
Party A shall not be liable for any information leakage, data loss, unauthorized access, or other security incident relating to the Service in any of the following cases:
- Where the incident occurred despite Party A having implemented reasonable and appropriate security management measures
- Where the incident is attributable to failures, configuration changes, vulnerabilities, attacks, or similar circumstances of external infrastructure services such as AWS
- Where the incident is attributable to inadequate management, negligence, or misconfiguration of Party B's authentication credentials
- Where the incident is attributable to Party B's devices, networks, browser environment, software environment, or similar
However, the foregoing does not apply in cases of willful misconduct or gross negligence by Party A. In such cases, Party A's liability for damages shall be limited to ordinary damages actually incurred by Party B, and the upper limit shall be the amount of usage fees for the Service paid by Party B to Party A in the most recent one-month period.
Export Controls
Party B shall not, in using the Service, violate any export- or import-related laws and regulations of Japan or of Party B's country of residence or location, and shall bear all liability arising from any such violation. If Party B violates such laws, Party A may immediately suspend the provision of the Service and shall not bear any resulting damages.
Confidentiality
Both Party A and Party B shall not disclose to any third party any confidential information learned in connection with the Service.
Handling of User Information
The handling of user information shall be governed by Party A's Privacy Policy.
Publication of Customer References
With Party B's consent, Party A may publish Party B's store name and logo as a customer reference.
Governing Law and Jurisdiction
These Terms shall be interpreted in accordance with the laws of Japan. Regardless of Party B's location or nationality, all disputes arising in connection with the Service shall be subject to the exclusive jurisdiction of the Osaka District Court as the court of first instance.
Consultation
For any matter not provided for in these Terms, or in the event of any question of interpretation, Party A and Party B shall consult in good faith and seek to resolve the matter together.