WePage Terms of Service
By subscribing to the WePage service (hereinafter referred to as the "Service"), the subscriber (hereinafter referred to as the "Member") agrees to be bound by these WePage Terms of Service (hereinafter referred to as the "Terms").
Article 1. General Provisions
1. Operating Guidelines
(1) iMobileUSA, Inc. (the “Company”) provides the WePage platform and its associated services in accordance with these Terms. In addition to this document, any separate documentation, notices, guidelines, or additional terms posted on the Company’s designated website or otherwise provided in writing shall be deemed an integral part of these Terms and shall have the same legal effect.
2. Scope of Application
(1) These Terms apply to all users (hereinafter referred to as “Users”) who access or use the Service, regardless of location, including those accessing from outside the United States.
3. Amendments to These Terms
(1) The Company reserves the right to amend these Terms at any time, except as otherwise provided in Article 6, Section 4.
(2) In the event of an amendment, the Company shall clearly indicate the nature of the changes and the effective date, and shall post such notice on the Company’s designated website with reasonable advance notice prior to the effective date.
(3) All Users of the Service shall be deemed to have agreed to the amended Terms upon their effective date.
Article 2. Definitions
The following terms used in these Terms shall have the meanings set forth below:
- 1. "Company": Refers to iMobileUSA, Inc.
 - 2. "WePage": A collective term for the website-building services operated by the Company.
 - 3. "Service": Refers to all services provided through WePage.
 - 4. "Applicant": Any individual or entity who applies to use the Service.
 - 5. "Member": An Applicant who applies for the Service in accordance with these Terms and the procedures specified by the Company, and who is approved by the Company.
 - 6. "Website": A website created and published using the WePage platform.
 - 7. "Content": A general term for media and document files, including but not limited to page templates and their associated text, messages, information, data, graphics, photographs, images, illustrations, stickers, animations, software, audio, and video.
 - 8. "Provided Tools": A collective term for the tools provided through WePage, including website builders, image editing tools, banner creators, job listing page creators, inquiry management tools, analytics tools, and third-party integration tools.
 - 9. "Stored Data": All content created or stored by the Member.
 - 10. "Registration Information": Any information (including personal data) provided by the Applicant or Member to the Company for the purpose of receiving the Service.
 - 11. "Personal Data": Information provided by a prospective Member or a Member that can identify a specific individual (including information that can be easily cross-referenced with other data to identify a specific individual).
 - 12. "Authentication Credentials": Information provided by the Applicant or Member for authentication purposes, including email addresses, passwords, or any other data necessary for verifying Member access to the Service.
 - 13. "Termination": The act by which a Member cancels part or all of the Service in accordance with these Terms and the procedures established by the Company.
 - 14. "Campaign": Time-limited services, including sweepstakes and other promotional offers provided to Members or Applicants.
 - 15. "Survey": The collection of responses, votes, or submissions from Members or Applicants by the Company through its website or email, in a questionnaire format.
 - 16. "Eligible Participant": An individual designated by the Company, in accordance with specified criteria, as eligible to participate in a campaign or survey.
 - 17. "Antisocial Forces": Includes but is not limited to organized crime groups, members or quasi-members of such groups, companies affiliated with such groups, corporate extortionists, political or social advocacy groups that engage in unlawful activities, special intelligence crime organizations, and any individuals or organizations analogous to the above.
 
Article 3. Purpose of the Service
1. Service Overview
(1) The Service is a cloud-based website creation platform that enables Members to create, edit, and publish websites and various types of content through the website managed and operated by the Company. Users may access the Service via the Internet and utilize its features. The Company may add to or modify the Service as necessary, and Members agree in advance to such additions or modifications as part of their use of the Service.
(2) All communication costs incurred when using the Service, including but not limited to email transmissions and website browsing on information devices (such as mobile phones), shall be borne by the Member.
(3) The Company may, from time to time, offer additional services beyond those defined in this Article, and Members may access such services subject to eligibility requirements, age restrictions, or other conditions as determined by the Company.
(4) Detailed descriptions of individual service offerings will be made available on the Service site, on other designated websites operated by the Company, or in service brochures.
(5) The Company may provide the Service to Members through a dedicated administration panel (dashboard).
(6) The Company reserves the right to review any content on the Service as necessary for operational purposes. If any content is deemed to violate these Terms, the Company may, without prior notice to the Member, partially or entirely restrict access to, unpublish, or delete such content.
2. Display and Distribution of Advertisements
(1) The Company reserves the right to display or distribute advertisements, including those of the Company or third parties, within the Service without prior consent from Members.
3. Provision of Websites and Content to Partners or Third Parties
(1) The Company may classify, display, or provide websites and content created and published by Members to partners or third parties, in any manner deemed appropriate by the Company, without prior consent from the Member.
4. Campaigns and Surveys
(1) The Company may conduct promotional campaigns or surveys targeted at Members or Applicants from time to time.
(2) Any intellectual property rights and other legal rights arising from responses to campaigns or surveys shall be transferred to the Company at the time the response is submitted. The Company may use such information in accordance with Article 5 (Registration Information) and Article 6 (Personal Data).
(3) If a campaign or survey is conducted, the Company may offer gifts or rewards to selected participants.
(4) Participants in campaigns or surveys may be required to register certain information as specified by the Company in order to receive any such rewards.
(5) If required information is not submitted, or if false information is submitted (or suspected), the participant shall be ineligible to receive any reward.
(6) The Company shall not be liable for any damages incurred by participants in connection with campaign or survey rewards.
(7) Participants may not transfer, assign, pledge, or otherwise dispose of any rights related to rewards to any third party.
Article 4 (Use of the Service)
1. Service Usage Conditions and Service Agreement
(1) Applicants must complete member registration in accordance with this Agreement and the procedures specified by the Company, and are deemed to have agreed to all provisions of this Agreement, including those related to maintaining the security of registration information, provided content, and stored data.
(a) The Service is available only to legal entities and individuals located within the United States. Users accessing the Service from outside the United States shall do so at their own risk, and the Company shall not be liable for any damages arising from such use.
(b) All registration information must belong to the applicant personally. Submitting false information or creating an account using another person’s email address or personal information without authorization is strictly prohibited.
(c) Any individual whose use of the Service has been suspended by the Company is prohibited from reapplying for the Service without the Company’s prior consent.
(d) Individuals or entities affiliated with or supporting organized crime groups or other antisocial forces are strictly prohibited from applying for or using the Service.
(e) If the Company determines that a member falls under any of the above categories, the Company reserves the right to delete all registration and stored information related to such member.
(2) The Service Agreement shall be deemed established at the time the Company issues an account that allows access to the Service’s management dashboard.
2. Management of Passwords and Changes to Registration Information
(1) Members are solely responsible, at their own expense, for managing their passwords and related credentials. Members shall not allow any third party to use, transfer, assign, pledge, disclose, or otherwise dispose of or share their passwords.
(2) The member shall bear all responsibility for any damages resulting from inadequate management of passwords, leakage of information, misuse, unauthorized access, or use by a third party. The Company shall not be liable for any such damages. If the Company suffers any loss as a result of unauthorized use of a member’s credentials, the member shall compensate the Company for such damages.
(3) If any change occurs to the member’s registration information, or if the member’s password or credentials have been disclosed to or suspected of being used by a third party, the member shall immediately notify the Company through the method specified in this Agreement and take all reasonable measures to prevent further unauthorized use. The member shall also comply with any instructions issued by the Company. The Company shall not be liable for any disadvantage or damage incurred by the member due to failure to make such notification or take such measures.
(4) If the member fails to provide the notice described in the preceding paragraph, the Company may, at its discretion, deem the member’s account to have been terminated.
Article 5 (Prohibition of Assignment of Rights and Obligations)
(1) Users shall not assign, transfer, sublicense, pledge, or otherwise dispose of any rights or obligations arising under this Agreement to any third party without the prior written consent of the Company. Any such attempted transfer or disposition made without the Company’s consent shall be null and void.
Article 6 (Rejection of Applications)
(1) The Company reserves the right to reject or suspend the Service for any applicant or member who violates any of the provisions set forth in Article 4(1), engages in or is likely to engage in conduct falling under Article 16, or otherwise acts in a manner deemed inappropriate by the Company. In such cases, the Company may suspend or terminate the applicant’s access to the Service even after an application has been submitted.
Article 7 (Registered Information)
1. Use of Registered Information
The Company may use registered information for the following purposes:
(1) Operation of the Service, including providing information and notices to members.
(2) Providing information regarding products, services, or promotions of the Company and its affiliated partners.
(3) Conducting surveys and analyzing the results as described in Article 3, Paragraph 4.
(4) Communicating with members in connection with Article 9, Paragraph 5.
(5) Contacting members to obtain consent for the collection and use of personal information under Article 6.
2. Provision of Registered Information to Third Parties
The Company may disclose or provide registered information to third parties in the following cases:
(1) When required for payment processing, in accordance with the payment methods specified in the following provisions.
(2) When providing statistical or analytical data to affiliated companies or third parties in a format that does not personally identify members.
(3) When disclosure is required pursuant to a court order, judgment, or other legal process, or when requested by law enforcement or other public authorities under applicable laws or regulations.
(4) When necessary to protect the rights, property, or services of the Company, its partners, or any third party, and it is difficult to obtain the member’s prior consent.
(5) When necessary to protect the life, body, or property of the Company, members, or third parties, or to ensure the security of any service provided by the Company, and obtaining the member’s consent is difficult.
(6) In other cases permitted under applicable privacy laws, including the California Consumer Privacy Act (CCPA) and related regulations.
3. Accuracy of Registration
Members must provide accurate, complete, and up-to-date information at the time of registration. Submitting false, misleading, or outdated information is strictly prohibited.
4. Management of Personal Information
The Company shall manage the collection and use of personal information contained within registered information in accordance with Article 6 of this Agreement and the Company’s [Privacy Policy].
Article 8 (Collection and Use of Personal Information)
For details regarding the Company’s privacy practices, please refer to our Privacy Policy available at:
https://en.imobile.co.jp/iMobileusa-privacy-policy
1. Personal Information Collected from Applicants and Members
The Company may collect the following personal information from applicants and members:
              Name, Company Name (or Business Name), Address, Telephone Number, and Email Address.
2. Business Operator
iMobileUSA, Inc.
3. Data Protection Officer
President & CEO: David Lieblich
4. Purpose of Use and Handling of Personal Information
The personal information provided by applicants and members will be used for the following purposes:
(a) To perform and provide services, and to respond to inquiries or requests.
(b) To provide information about Company products, fairs, events, and other updates via telephone, mail, or email.
(c) To conduct surveys for marketing purposes, such as consumer trend research and analysis.
(d) The Company uses cookies to deliver and improve its services, analyze access patterns, deliver advertisements, and enhance user experience. Users may restrict the use of cookies through browser settings; however, some features of the Service may not function properly as a result.
(e) Use of Cookies and Advertising
The Company utilizes cookies for the purposes described above. Additionally, we may use advertising services provided by third-party vendors (including display ads, remarketing, and retargeting functions). These services may deliver advertisements to users who have previously visited specific pages of our website, using cookies to collect information about browsing history.
5. Management of Personal Information and Compliance with the CCPA
The Company may outsource certain operations to external service providers to improve its business and provide better services to applicants and members. When doing so, the Company complies with all applicable data protection laws and guidelines, evaluates the data protection standards of its contractors, and ensures appropriate supervision and safeguards are in place.
The Company complies with the California Consumer Privacy Act (CCPA) and respects the following rights of consumers:
(1) The right to request disclosure of the categories and purposes of personal information collected.
(2) The right to request deletion of personal information (except where retention is required by law).
(3) The right to opt out of the sale or sharing of personal information.
(4) The right not to be discriminated against for exercising any of these rights.
To exercise any of these rights, please contact the Company through the contact information listed below.
6. Voluntary Provision of Personal Information
Providing personal information to the Company is voluntary; however, please note that if the necessary information is not provided, the Company may be unable to respond to inquiries or deliver certain services.
7. International Data Transfers
The Service is operated and hosted in the United States. By accessing or using the Service from outside the U.S., users acknowledge and agree that their personal information will be stored and processed within the United States.
The Company implements reasonable administrative, technical, and physical safeguards to ensure the protection of such data.
8. Updates and Inquiries Regarding Personal Information
The Company will promptly respond to requests regarding notification of purpose of use, disclosure, correction, addition, deletion, suspension of use, erasure, cessation of third-party provision, or disclosure of third-party provision records, in accordance with applicable laws and regulations.
For inquiries, please contact:
Privacy Inquiry Desk
iMobileUSA, Inc. Tokyo Office
VORT Gaienmae III Bldg. 3F, 3-42-2 Jingumae, Shibuya-ku, Tokyo, Japan
Tel: +81-3-6743-7711
Email: imobile-usa@imobile.co.jp
Contact: Wepage Support Center
Article 9 (Paid Services)
1. Paid Service Items
(1) The details of each paid service, including available plans and pricing, shall be listed on the Company’s website or in official service materials such as brochures or online documentation.
2. Application for Paid Service Agreement
(1) A paid service agreement shall be deemed established when a member who wishes to use a paid service submits an application by the method specified by the Company, the Company accepts the application, and the member’s account is granted access to the applicable paid service.
(2) The Company reserves the right to decline any application for a paid service if the applicant falls under any of the categories described in Article 4(1) or engages in, or is likely to engage in, any conduct described in Article 13.
3. Commencement of Paid Services
(1) Upon establishment of a paid service agreement, the Company shall notify the member of the application date, selected plan, and applicable fees using a method specified by the Company.
4. Term of Agreement
(1) The initial contract term for a paid service shall run until the end of the month following the month that includes the application date. Thereafter, the agreement shall automatically renew on a monthly basis unless terminated in accordance with this Agreement.
5. Changes to Paid Service Items or Fees
(1) The Company may revise or modify the details or pricing of paid services in accordance with Article 14.
                If only the pricing is revised after the commencement of a paid service, such revision shall not, in principle, apply to members during the current contract period. However, if the Company determines that the new pricing must be applied due to unavoidable business or operational reasons, it may do so upon reasonable notice.
                Members are responsible for regularly reviewing the Company’s website or official communications for any updates regarding changes to service items or fees.
(2) Members may request to add, modify, or change their paid service plans by following the procedures specified by the Company.
6. Termination of Paid Service Agreement
(1) Members may terminate a paid service agreement (except for termination under Article 10, Paragraph 3) by submitting a cancellation request through the method designated by the Company. Unless otherwise specified, termination shall take effect at the end of the month following the month in which the cancellation request is received, provided that the minimum contract period specified in Article 7, Paragraph 4 has expired.
(2) Members who have subscribed to a paid plan that includes a custom domain may request a domain transfer (release) only after maintaining the paid service for a period exceeding 12 months.
                If the paid service is terminated before 12 months of continuous use, the associated custom domain shall be deactivated and permanently deleted following cancellation.
7. Payment of Fees
(1) Members shall pay the service fees specified on the Company’s website or in service materials, by the due date and using the payment methods designated by the Company.
(2) All fees related to payment processing, including bank or credit card transaction fees, shall be borne by the member.
(3) Payments shall, in principle, be made by credit card. Members must register valid credit card information under the conditions designated by the Company.
                If payment is declined or rejected by the member’s credit card company or any associated payment processor, the Company may request payment through an alternative method designated by the Company, and the member shall promptly comply with such request.
(4) If a member delays payment of any amount due, the member shall pay to the Company a late fee calculated at an annual rate of 14.6% from the day following the payment due date until full payment is made.
(5) Even if the Company suspends, discontinues, or limits the provision of the paid service under Article 14, the member shall remain obligated to pay all applicable fees as specified by the Company.
(6) Due to the nature of the Service, all paid service purchases are final and non-refundable. No refunds will be issued after the contract is established or upon mid-term cancellation, and the member hereby agrees to this policy.
8. Refunds
(1) If a refund becomes necessary due to double payment, overpayment, or incorrect payment processing, the member must promptly provide the information requested by the Company to process the refund.
(2) The Company shall not be liable for any inability to refund payments due to the member’s failure to provide necessary information, invalid contact details, or other reasons beyond the Company’s control.
(3) If the refund cannot be completed within one (1) year from the date it became due, the member shall be deemed to have waived the right to such refund, and the Company shall have no further obligation to return the funds thereafter.
(4) Unless the Company determines that the overpayment was caused by the Company’s clear negligence, any processing fees or related costs associated with refunds shall be borne by the member.
Article 10 (Subcontracting)
(1) The Company may subcontract or delegate all or part of the operations necessary for providing the Service to third parties without obtaining the prior consent of the Member.
Article 11 (Modification, Suspension, Discontinuation, or Termination of the Service)
1. Modification of the Service
(1) The Company reserves the right, at its sole discretion and without prior notice or liability to Members, to modify, update, or change all or part of the contents of the Service for any reason.
                If only the service fees are revised after the commencement of service, such revised fees will not, in principle, apply to Members during their current subscription period, unless the Company determines that applying the new fees is necessary for operational or business reasons.
                Members are responsible for regularly checking the Company’s official website or communications for any updates regarding changes to service content or pricing.
(2) Members may apply for, or request changes to, the Service items by following the procedures specified by the Company.
2. Temporary Suspension of Service
(1) The Company may temporarily suspend all or part of the Service without prior notice in any of the following circumstances:
(a) In the event of natural disasters, power outages, or other causes beyond the Company’s control that disrupt Service operations.
(b) When communication or network infrastructure provided by third-party operators experiences failures, interruptions, or other issues affecting the Service.
(c) When the Company’s own communication equipment, servers, or systems experience technical failures or malfunctions.
(d) When the Company deems temporary suspension necessary for operational, technical, or security reasons.
(2) The Company may temporarily suspend the Service, with prior notice when reasonably possible, to perform maintenance or construction on communication equipment or facilities affecting network operations.
(3) The Company may also temporarily suspend the Service, with prior notice when reasonably possible, to perform maintenance, monitoring, or improvements related to security or performance.
(4) If a Member or a third party impersonating a Member engages in conduct that falls under Article 16, the Company may immediately suspend the Service without prior notice.
3. Suspension of Service Provision
(1) The Company may suspend the provision of the Service for a specified period in any of the following cases:
(a) When the Member fails to pay any fees, surcharges, or late payment penalties by the due date (including partial non-payment).
(b) When it is discovered that the Member provided false information during application or registration.
(c) When the Member, through fault or negligence, engages in acts that interfere with or may interfere with the Company’s operations or facilities, including servers.
(d) When the Member violates any provision of this Agreement, as determined by the Company.
(e) When the Member becomes subject to attachment, provisional seizure, bankruptcy, reorganization, or similar legal proceedings, or when such a filing is made by the Member or a third party.
(f) When the Member engages in conduct that causes nuisance or harm to third parties, or when the Company receives complaints or objections from third parties regarding the Member’s conduct.
(g) When the Member engages in or is likely to engage in conduct falling under Article 17.
(h) In any other case where the Company reasonably determines that continued provision of the Service to the Member is inappropriate.
4. Discontinuation of Service Provision
(1) The Company may discontinue the provision of the Service in any of the following circumstances:
(a) When maintenance, construction, or unavoidable technical issues occur in the Company’s servers or communication equipment.
(b) When telecommunications carriers or designated network providers suspend their services, making the continued operation of the Service impracticable.
(c) When laws, regulations, or orders from governmental or regulatory authorities require restriction or suspension of the Service.
(d) When the Company otherwise deems discontinuation necessary for the operation or management of the Service.
5. Termination of Service
(1) The Company may, for business or operational reasons, terminate all or part of the Service or discontinue specific features or plans. In such cases, the Company will notify Members at least seven (7) days in advance of the termination date.
(2) If a service item is discontinued as described above, the Member may, upon request, substitute another available service plan offered by the Company. Such requests shall be handled in accordance with the procedures set forth in Paragraph 1 of this Article.
6. High System Load
(1) If the Company determines that excessive load is significantly impacting system operations or infrastructure performance, it may temporarily suspend all or part of the Service without prior notice.
(2) If such high load is caused by the Member’s use of the Service, the Member shall promptly take one of the following corrective measures:
(a) Remove or resolve the cause of the high load to continue using the Service. In such cases, any related technical or operational costs incurred by the Company shall be borne by the Member.
(b) Terminate the Service Agreement in accordance with Article 10, Paragraph 3.
Article 12 (Termination and Suspension of Agreement)
1. Loss of Membership Rights
Upon termination of the Service Agreement, the Member shall lose all rights associated with membership, including but not limited to the use of all services and service items described in Article 3, access to information provided via email or other means, participation rights in campaigns or surveys, and any other privileges granted to members.
2. Termination by the Member
(1) A Member may terminate the Service Agreement under any of the following circumstances. The Member acknowledges and agrees that certain system processes may require additional time to complete the termination procedure.
(a) If, due to any event specified in Article 9, Paragraph 4, the Member becomes unable to use the Service and it is determined that the purpose of the Service Agreement cannot reasonably be achieved, the Member may terminate the Agreement by notifying the Company through the method designated by the Company. Such termination shall become effective on the date the Company receives the notification.
(b) If a specific service item is discontinued pursuant to Article 9, Paragraph 5, the Service Agreement relating to such item shall be automatically terminated on the date of discontinuation.
3. Termination or Suspension by the Company
(1) The Company may, at its sole discretion and without prior notice or consent from the Member, immediately suspend all or part of the Service, delete the Member’s account, terminate the Agreement, or take any other action deemed appropriate if the Member falls under or is reasonably suspected of falling under any of the following circumstances.
The Company shall have no obligation to disclose the reasons for such actions. In the event that the Company suffers any damages as a result of such actions or related circumstances, the Member shall be liable to compensate the Company for all such damages.
(a) When the Company determines that the Member has violated any provision of this Agreement.
(b) When the Member fails to pay any fees, surcharges, or late payment penalties by the specified due date (including partial non-payment).
(c) When the Member’s actions, whether intentional or negligent, interfere or may interfere with the Company’s operations or facilities, including its servers or telecommunications systems.
(d) When the Member becomes subject to attachment, provisional seizure, bankruptcy, reorganization, or similar legal proceedings, or when such proceedings are initiated by the Member or a third party.
(e) When the Member engages in conduct that causes nuisance or harm to third parties in connection with the Service, or when the Company receives complaints or objections regarding such conduct.
(f) When the registered email address of the Member is found to be invalid or non-functional.
(g) When the Member engages in, or is reasonably suspected of engaging in, any prohibited conduct described in Article 16.
(h) Upon the Member’s death.
(i) In any other case where the Company reasonably determines that continued provision of the Service to the Member is inappropriate.
Article 13 (Handling of Stored Data)
1. General Principle
The Company shall not, in principle, view, alter, or delete any data stored by Members (“Stored Data”). However, the Company may disclose such data when required to do so under applicable laws, ordinances, regulations, or requests made by legal or governmental authorities.
2. Access for Operational Necessity
Notwithstanding the preceding paragraph, if the Company deems it necessary for the operation of the Service—such as resolving technical issues, ensuring system security, or maintaining service stability—the Company may access, modify, or delete Stored Data.
The Member hereby agrees in advance to such actions and acknowledges that the Company shall not be liable for any loss or damage incurred as a result thereof. The Member further waives any right to make claims against the Company in connection with such actions.
3. Loss or Damage of Stored Data
The Company shall have no obligation to restore or recover any Stored Data that is lost, destroyed, altered, or leaked, regardless of cause. The Company shall not be liable for any damages incurred by Members or third parties resulting from the loss, destruction, alteration, or leakage of Stored Data, and the Member agrees not to dispute the Company’s handling thereof.
4. Backup Responsibility
Members are solely responsible for regularly backing up their Stored Data to prevent loss, destruction, alteration, or leakage. The Company is not responsible for maintaining or backing up any Member data.
5. Deletion of Data upon Termination
Upon termination of membership, the Company may, at its discretion, delete all Stored Data belonging to the Member without prior notice.
6. Security Measures
The Company shall implement commercially reasonable and practicable measures to prevent unauthorized access, loss, destruction, alteration, or leakage of Stored Data, including addressing any known vulnerabilities that may compromise data integrity.
7. Non-Disclosure and Purpose Limitation
Except as otherwise provided in this Agreement, the Company shall not disclose Stored Data to any third party and shall not use such data for any purpose other than the proper operation of the Service.
Article 14 (Copyrights and Other Intellectual Property Rights)
1. Intellectual Property Rights
All intellectual property rights, including copyrights, trademarks, logos, software, images, and all other materials contained in the Service, are the property of the Company or third parties holding valid rights.
Users may use content, images, and design elements provided within the Service’s library only within websites built using WePage.
The use of such library materials, including images and design assets, for any other purposes or on external websites is strictly prohibited.
2. Use of Member-Created Content by the Company
The Company may store and retain websites or content created by Members and use them, in any form, for the smooth operation, improvement, and promotion of the Service or the Company itself.
Such promotional use may include, without limitation, the introduction of Member-created websites or design examples through third-party media, online showcases, or marketing materials.
By using the Service, the Member expressly agrees to such use by the Company.
3. Member’s Responsibility for Copyrighted Works
If any dispute arises involving a Member’s copyrighted works—such as claims of infringement of third-party rights—the Member shall resolve such dispute at their own expense and responsibility and shall hold the Company harmless from any loss or damage arising therefrom.
4. Compliance with Copyright and Related Laws
Members must use any copyrighted works accessible through the Service only to the extent permitted under applicable copyright and intellectual property laws.
If a Member engages in conduct such as unauthorized use, modification, reproduction, distribution, sale, trademark registration, or any other act that infringes upon another party’s intellectual property rights, the Member shall bear full responsibility for such actions.
If the Company suffers or is likely to suffer any loss or damage as a result of such violation or infringement, the Member shall, at their own expense, take all necessary actions to resolve the matter and fully indemnify and hold harmless the Company against any claims, liabilities, damages, or costs incurred in connection therewith.
Article 15 (Member’s Responsibility)
Members shall bear full responsibility for all decisions, actions, and results related to the operation of their websites, including compliance with all applicable laws, regulations, and contractual obligations with third-party service providers.
Use of the Service does not exempt Members from any such responsibilities as website operators or business owners.
Article 16 (Limitation of Liability)
1. Service Interruptions Beyond the Company’s Control
The Company shall not be liable for any damages arising from the inability to provide the Service for reasons not attributable to the Company.
2. No Warranty for Information Obtained Through the Service
The Company makes no warranty, express or implied, regarding any information or data obtained through the Service (including but not limited to computer programs or personal information).
The Company shall not be liable for any loss or damage resulting from the use of such information.
3. Member Responsibility for Third-Party Claims
If a Member causes damage to another Member or any third party in connection with the use of the Service, and such third party files a claim or initiates legal action, the Member shall resolve the matter at their own expense and responsibility.
If the Company becomes a party to such dispute, the Member shall indemnify and hold harmless the Company from all damages, costs, and expenses, including reasonable attorneys’ fees.
Article 17 (Disclaimer of Warranties and Indemnification)
1. Scope of Maintenance
(1) The Company warrants only that the Service will function under the operational standards defined by the Company. The Company does not guarantee that the Service will operate normally under all loads, conditions, or environments.
(2) In the event that the Service becomes temporarily unavailable due to unforeseen equipment failures or other issues, the Company will make commercially reasonable efforts to restore service as quickly as possible, but does not guarantee any specific recovery time.
2. Operation of the Service
(1) The Company makes no warranty regarding the legality, accuracy, appropriateness, completeness, morality, or rights clearance of any information contained within the Service.
Users acknowledge and agree that the Service may contain bugs, interruptions, or errors, and may not operate as intended or specified at all times.
(2) The Company shall not be responsible, except in cases of willful misconduct or gross negligence, for any disputes, damages, or claims arising between users or between a user and any third party, including but not limited to defamation, insults, invasion of privacy, threats, harassment, or other unlawful or inappropriate acts.
(3) The Company shall not be liable, except in cases of willful misconduct or gross negligence, for any disputes arising from or related to advertisements distributed through the Service, including any infringement of rights or disputes between users and advertisers.
(4) Except in cases of willful misconduct or gross negligence, the Company shall not be liable for any damages (including data loss) suffered by users resulting from events described in Article 9 or related to paid services.
(5) The Company shall not be liable for any damages resulting from the user’s environment, including personal computers, smartphones, network connections, software, or any damages caused by computer viruses or malware.
The Company may, at its discretion, issue notices or guidance regarding such environments through designated means.
(6) Any transactions, communications, or promotions (including sweepstakes or giveaways) conducted between Members and third-party advertisers or service providers are solely between such parties. The Company bears no responsibility for any disputes, damages, or losses arising from such transactions.
(7) The Service is provided on an “as-is” and “as-available” basis.
The Company makes no representations or warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, completeness, non-infringement, or uninterrupted availability.
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, or special damages arising from the use of the Service.
3. Other Disclaimers
Except in cases of the Company’s willful misconduct or gross negligence, the Company shall not be liable for any damages whatsoever arising from or in connection with the use of the Service by Members or Users.
Article 18 (Prohibited Acts)
1. General Prohibition
Members and users shall not engage in, or attempt to engage in, any of the acts described in Paragraph 4 below, nor post, transmit, or send via email any content or expression that includes, implies, or may reasonably be deemed to include such prohibited matters (“Prohibited Content”).
Additionally, users are strictly prohibited from selling or transacting any goods or services specified in Paragraph 5 below through the Service.
2. Company’s Rights Regarding Violations
If the Company determines that a Member or user has engaged in any prohibited act, it may, at its discretion, delete the relevant content, suspend all or part of the Service, terminate the user’s account, or take any other action deemed appropriate without prior notice.
3. Liability for Damages
If a Member or user violates this Article, the Company may claim compensation for any and all damages incurred, including reasonable attorney’s fees, resulting from such violation.
4. Prohibited Conduct
The following acts are strictly prohibited when using the Service:
(1) Transmitting, publishing, or mediating obscene, violent, cruel, or otherwise offensive content, or engaging in any conduct contrary to public order and morals.
(2) Engaging in, promoting, or inciting criminal acts or acts that may lead to criminal conduct.
(3) Infringing or threatening to infringe upon the copyrights, trademarks, property, privacy, or other rights of third parties.
(4) Defaming, slandering, or otherwise damaging the reputation or credibility of others.
(5) Engaging in or promoting sexual, racial, ethnic, or other forms of discrimination or hate speech.
(6) Distributing or transmitting harmful programs, forged, false, or fraudulent information, or information in violation of applicable laws or regulations.
(7) Sharing registration credentials or otherwise engaging in conduct that threatens the security or integrity of the Service.
(8) Conducting commercial activities on the Service without the Company’s prior consent.
(9) Engaging in spam or similar activities intended to manipulate search engine rankings or mislead users.
(10) Interfering with, or attempting to interfere with, the operation of the Service or the Company’s business activities.
(11) Engaging in any act that violates applicable laws or regulations, or that is likely to do so.
(12) Engaging in any other conduct that the Company, at its discretion, deems inappropriate.
5. Prohibited Goods and Services
The following goods and services are strictly prohibited from being sold, listed, or traded through the Service:
(1) Controlled substances such as stimulants, narcotics, psychotropic drugs, cannabis, opium, poisons, or hazardous materials.
(2) Goods requiring legal licenses, permits, or qualifications that the seller does not possess.
(3) Dangerous goods or items that may be used as weapons.
(4) Swords, knives, or similar weapons prohibited by law.
(5) Goods related to pyramid schemes, multilevel marketing, or similar solicitations.
(6) Gambling-related goods, lotteries, or betting services.
(7) Cash, easily convertible goods, or items whose resale or transfer is legally restricted.
(8) Devices that can be used for surreptitious recording, wiretapping, or spying.
(9) Goods used for theft, unlawful entry, or other criminal acts.
(10) Pharmaceuticals, quasi-drugs, or medical devices that are restricted or prohibited for sale.
(11) Advanced medical devices other than contact lenses legally authorized for retail.
(12) Diagnostic or testing kits lacking certified privacy or information-security standards (e.g., without PrivacyMark or ISMS certification).
(13) Goods or services making exaggerated or scientifically unsubstantiated claims of efficacy or effect.
(14) Adult-related goods, sexually explicit materials, or services of a sexual nature.
(15) Goods or services that violate public order or morality.
(16) Goods infringing third-party intellectual property rights, including patents, designs, trademarks, copyrights, or publicity rights.
(17) Goods obtained through theft, fraud, embezzlement, or any other criminal act.
(18) Human bodies or body parts.
(19) Live animals or biological specimens, including animal parts.
(20) Personal information, trade secrets, or any non-public data.
(21) Donations or fundraising activities without corresponding goods or services in return.
(22) Services intended for dating or meeting individuals of the opposite sex.
(23) Services with excessively long performance or delivery periods.
(24) Prepaid fees, deposits, or retainers collected before the delivery of goods or services.
(25) Goods whose sale, possession, or trade is prohibited or restricted by law.
(26) Any other goods or services deemed inappropriate by the Company.
Article 19 (Damages and Indemnification)
(1) If a Member violates this Agreement or the Service Usage Agreement and causes damage to the Company, the Company may claim compensation from the Member for all losses and damages incurred as a result of such violation.
This includes, but is not limited to, direct damages, consequential losses, and reasonable attorney’s fees associated with enforcement or recovery.
Article 20 (Exclusion of Antisocial or Prohibited Organizations)
1. Representation and Warranty
Both the Company and the users of the Service represent and warrant that, as of the date of agreeing to this Agreement and at all times thereafter, neither they nor any of their officers, directors, employees, or agents are, or have been, affiliated with any antisocial forces, criminal organizations, or any entity that engages in or supports illegal or coercive conduct.
2. Termination Rights
If either party determines that the other party falls under, or is reasonably suspected of falling under, any of the following circumstances, the determining party may immediately terminate the Service Agreement without prior notice, demand, or liability for damages:
(1) The counterparty is, or has been, a member or associate of any criminal organization or other antisocial group, or is found to have close relations with such entities.
(2) The counterparty, directly or through a third party, engages in any of the following acts toward the other party:
(a) Making unlawful or unreasonable demands;
(b) Engaging in threatening behavior or acts of violence, including intimidation or coercion, whether physical or otherwise;
(c) Persistently pressuring the other party into unwanted transactions or contracts;
(d) Misrepresenting affiliation with advocacy groups or organizations to make improper demands;
(e) Engaging in any other act prohibited under applicable laws and regulations, including those equivalent to the Act for Prevention of Unjust Acts by Organized Crime Group Members (Japan) or similar legislation.
(3) The counterparty represents, declares, or implies that it is a member or associate of an antisocial or criminal organization.
Article 21 (Governing Law and Dispute Resolution)
(1) This Agreement and all legal actions or disputes arising out of or relating to the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
(2) Any dispute, controversy, or claim arising out of or relating to this Agreement, including its existence, validity, interpretation, performance, or termination, shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
(3) The arbitration shall be conducted in English, and the arbitral award shall be final and binding upon both parties. The seat of arbitration shall be Delaware, U.S.A., unless otherwise agreed in writing by both parties.
Article 22 (Contact Information)
For inquiries regarding this Agreement or the handling of personal information, please contact:
Inquiry Desk
iMobileUSA, Inc. Tokyo Office
VORT Gaienmae III Bldg. 3F
3-42-2 Jingumae, Shibuya-ku, Tokyo, Japan
Tel: +81-3-6743-7711
Email: imobile-usa@imobile.co.jp
Effective Date: October 20, 2025
