Chapter 1 Application of these Terms
Article 1 (Purpose of these Terms)
These Terms of Service (hereinafter referred to as "these Terms") establish the conditions for the use of the marketing AI platform and marketing consulting services provided by Cascade Corporation (hereinafter referred to as "the Company"). The purpose of these Terms is to clarify the rights and obligations between the Company and the users.
Article 2 (Scope of Application)
These Terms apply to all relationships between the Company and Users relating to the provision and use of the Service.
Individual provisions and guidelines that the Company posts on this website or its applications (hereinafter "Individual Provisions") also constitute part of these Terms.
If there is any difference between the content of the Individual Provisions and these Terms, these Terms shall, as a general rule, prevail; provided, however, that if the Individual Provisions provide otherwise, those provisions shall prevail.
Chapter 2: Definitions
Article 3 (Definitions)
The principal terms used in these Terms are defined as follows.
1. "Service"
A collective term for the following services provided by the Company.
- AI-powered digital marketing support tools
- Ad generation tools
- Data analytics support tools
- Marketing consulting, and the like
2. "User"
A corporation or individual that agrees to these Terms and uses the Service.
3. "Registration Information"
Information that a User provides to the Company when applying to use the Service.
Examples: name, company name, department name, job title, contact details, payment information, and the like.
4. "Prompt"
Text information entered by a User in the ad image generation function or other functions.
Examples: keywords, instructions, and the like.
5. "Reference Image"
Material data uploaded by a User in the ad image generation function or other functions.
Examples: images, illustrations, photographs, and the like.
6. "Integration Data"
The following data that the Company obtains or references as a result of a User integrating the Service with Google Analytics, ad platforms (Google Ads, Meta ads, etc.), or other external services.
- Access analytics data
- Ad performance data, and the like
7. "User Content"
All data that a User inputs, posts, uploads, shares, or integrates into the Service, including Prompts, Reference Images, and Integration Data.
8. "Generated Data"
Output data automatically generated by the Service or by the Company on the basis of User Content.
Examples: ad images, reports, analysis results, and the like.
9. "Intellectual Property Rights"
Copyrights, patent rights, utility model rights, design rights, trademark rights, and all other rights relating to intellectual property.
10. "Personal Information"
Personal information as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information.
Chapter 3: Registration
Article 4 (Application for Registration)
1. A person who wishes to use the Service (hereinafter an "Applicant") shall, after agreeing to these Terms, provide Registration Information by the method prescribed by the Company and apply for registration to use the Service.
2. Applicants must provide true and accurate information when applying for registration.
Article 5 (Eligibility for Registration)
1. The Company will review the details of an Applicant's application and determine whether to approve the registration based on the Company's criteria. If the Company approves the registration, it will notify the Applicant to that effect. The agreement for use of the Service (hereinafter the "Usage Agreement") between the Company and the Applicant shall be formed upon such notice.
2. The Company may decline an application for registration if it determines that any of the following applies. The Company is under no obligation to disclose its reasons.
(1) Where the Registration Information provided by the Applicant contains any falsehood, error, or omission
(2) Where the Applicant has previously been subject to termination of an agreement or other suspension of use on the grounds of a breach of an agreement with the Company
(3) Where the Company determines that the Applicant is, or is involved with, antisocial forces
(4) Where the Company determines that the Applicant is likely to interfere with the proper operation of the Service
(5) Where the Company otherwise determines that the registration is inappropriate
Article 6 (Change of Registration Information)
If there is any change to their registered particulars, Users must promptly carry out change procedures by the method prescribed by the Company.
If the Company or a third party incurs damage as a result of a User's failure to carry out change procedures, the Company shall bear no liability whatsoever.
Chapter 4 Conditions of Use of the Service
Article 7 (Account Management)
1. Upon completion of registration, the Company will grant the User an account (hereinafter the "User Account").
2. Users must manage and safeguard their User Account and password at their own responsibility. Users must not allow any third party to use them, or transfer, lend, change the name on, or sell them.
3. The Company shall not be liable for any damage incurred by a User or a third party as a result of inadequate management of an account, errors in its use, unauthorized use by a third party, or the like.
4. The Company may deem any act performed using a User Account to be an act of that User itself.
Article 8 (Scope of Service Provision)
1. The purpose of the Service is to provide the functions or support set forth in the following items.
(1) Access analytics, performance analytics, and reporting relating to websites and advertising
(2) Generation of ad images and other creative assets
(3) Ad optimization recommendations and AI recommendations through data integration
(4) Consulting and support services relating to marketing
2. The Company may add to, change, or remove the functions described in the preceding paragraph at its reasonable discretion, for technical, operational, or other reasons.
3. Users shall use the Service at their own discretion and responsibility, and shall address the results thereof at their own responsibility.
Article 9 (Intellectual Property Rights)
1. The intellectual property rights to the programs, databases, text, logos, advertising assets, and other works included in the Service belong to the Company or to the third parties that have licensed their use to the Company.
2. Users must not reproduce, modify, adapt, reprint, publicly transmit, distribute, sell, or otherwise deal with the intellectual property included in the Service without the prior consent of the Company.
Chapter 5: Prohibited Actions
Article 10 (Prohibited Acts)
In using the Service, Users shall not engage in any of the acts set forth in the following items.
1. Acts that violate laws and regulations or public order and morals
2. Acts that infringe the intellectual property rights, privacy rights, honor, reputation, or other rights or interests of the Company or any third party
3. Acts of posting, transmitting, displaying, or storing illegal or improper content through the Service
4. Acts that interfere with, or are likely to interfere with, the operation of the Service
5. Acts of impersonating another User or providing false information
6. Acts of reverse engineering, decompiling, or disassembling the Service
7. Acts of gaining unauthorized access to the servers or networks of the Service and placing an excessive load on them
8. Acts of entering or uploading, as a Prompt or Reference Image, personal information obtained improperly or confidential information of a third party
9. Acts of reprinting, selling, or redistributing ad images or other Generated Data produced by the Service to third-party services without the Company's permission
10. Provision of benefits to antisocial forces and other antisocial acts
11. Any other act that the Company reasonably determines to be inappropriate
Chapter 6: Usage Fees and Payment Terms
Article 11 (Usage Fees)
1. Part of the Service is provided for a fee. Users shall pay usage fees in accordance with the fee schedule separately prescribed by the Company and displayed on the Service or elsewhere.
2. Usage fees accrue on the basis of the payment cycle prescribed by the Company, such as monthly or annually.
Article 12 (Payment Method)
1. Usage fees shall be paid by credit card, bank transfer, or any other method designated by the Company.
2. Payment due dates shall be as separately prescribed by the Company, and Users shall comply with them.
3. In the case of a bank transfer, the transfer fee shall be borne by the User.
Article 13 (Usage Period and Renewal)
1. The term of a paid plan is based on the plan selected by the User at the time of application (for example, monthly or annual).
2. If a User does not carry out cancellation procedures by the expiration of the term, the agreement will be automatically renewed.
Article 14 (Cancellation and Refund)
1. Users may carry out cancellation procedures at any time by the method prescribed by the Company.
2. Even in the event of cancellation, usage fees already paid will not be refunded; provided, however, that this shall not apply where the cause is attributable to the Company.
3. Even after cancellation, Users may use the Service until the expiration date of the usage period. No pro-rated refund will be made for cancellation during a term.
Article 15 (Delay Damages)
If a user neglects to pay fees such as usage charges, they shall pay us a late payment penalty at an annual rate of 14.6% from the day following the payment deadline until the payment date.
Chapter 7: Intellectual Property Rights and Data Handling
Article 16 (Intellectual Property Rights regarding the Service)
1. The intellectual property rights to the Service and to the software, databases, designs, logos, advertising assets, manuals, and any and all other works related to it belong to the Company or to the third parties that have licensed their use to the Company.
2. Users must not reproduce, modify, distribute, sell, publish, or otherwise use any of the foregoing without the prior permission of the Company or the rightful rights holder.
Article 17 (Handling of prompts, reference images, and linked data)
1. Users agree that the Company may, free of charge, use the content that they input, upload, or integrate into the Service (Prompts, Reference Images, Integration Data, and any and all other data; hereinafter "User Content") for the following purposes.
(1) Provision, operation, and improvement of the Service
(2) Development of new functions and enhancement of service quality
(3) Marketing activities relating to the Service (including use in statistical or anonymized form)
2. Users shall not exercise their moral rights as authors with respect to the Company's use under the preceding paragraph.
3. Users warrant that they hold the proper rights to use the User Content and that it does not infringe the rights of any third party.
Article 18 (Rights to Generated Data)
1. Unless otherwise specifically agreed, the rights to advertising assets, reports, and other outputs generated by the Service ("Generated Data") belong to the User that has paid the consideration for such generation.
2. If the Company affixes the name, logo, watermark, or the like of the Service to Generated Data, the User must use the Generated Data without deleting or altering them.
3. Users shall, at their own responsibility and expense, confirm that their use of Generated Data does not infringe the rights of any third party, and shall use it accordingly.
4. The Company does not warrant the completeness, accuracy, or usefulness of the content of Generated Data, its non-infringement of third-party rights, or any similar matter.
Article 19 (Use of User Marks)
1. The Company may, free of charge, use and display the User's company name, trade name, logo, trademarks, service names, and other marks (hereinafter "User Marks") on the Company's website and in its sales materials, proposals, case study materials, exhibition and event materials, social media, and other marketing activities of the Company, for the purpose of indicating the fact that the User uses the Service.
2. In making the use described in the preceding paragraph, the Company will not modify the User Marks in a manner that impairs their integrity; provided, however, that this shall not apply to minor processing such as adjustments to size or margins or the unification of display formats, to the extent necessary for the layout in which they are displayed.
3. If a User does not wish to be displayed as described in the preceding paragraph, the User may request the suspension of such display (opt out) at any time by the method prescribed by the Company, and the Company will suspend such display within a reasonable period.
4. If the Company and the User have separately provided for the handling of the User Marks in a non-disclosure agreement (NDA) or an individual agreement, such provisions shall apply in preference to this Article.
5. If the Usage Agreement terminates, the Company will cease any new display of the User Marks within a reasonable period; provided, however, that with respect to display contained in materials, press releases, archives, and the like that have already been distributed or made public, the Company will respond to the extent technically and operationally possible.
Chapter 8: Termination of Contract / Suspension of Use
Article 20 (Suspension of Use and Termination of Contract by Our Company)
If the Company determines that a User falls under any of the following, it may suspend the User's use of the Service or terminate all or part of the Usage Agreement, without prior notice or demand.
1. Where the User has breached these Terms
2. Where the Registration Information is found to be false
3. Where the User has delayed or refused payment of usage fees or other obligations
4. Where a petition has been filed for the commencement of legal proceedings such as bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation
5. Where the User has been subject to attachment, provisional attachment, provisional disposition, disposition for delinquent taxes, or any other disposition by a public authority
6. Where the Company reasonably determines that the User falls under, or is involved with, antisocial forces
7. Where the Company reasonably determines that it is inappropriate, in terms of the operation and management of the Service, to continue the User's use of the Service
Article 21 (Measures after Contract Termination)
1. If the Usage Agreement terminates, the User shall promptly cease using the Service and follow the Company's instructions.
2. The Company may delete the User Account and related data after the termination of the agreement, and shall not be liable for any damage arising to the User as a result.
3. Even after the termination of the agreement, provisions such as Chapter 7 (Intellectual Property Rights and Handling of Data), Chapter 9 (Disclaimers), and Chapter 13 (Governing Law and Jurisdiction) shall remain in full force and effect.
Chapter 9: Disclaimer and Limitation of Liability
Article 22 (Current Status of Service Provision)
1. The Company does not warrant that the Service will at all times be complete, that it will be free of errors or bugs, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, or that it will necessarily achieve the results expected by a User.
2. The Service is provided on an "as is" basis. Users shall use the Service at their own responsibility.
Article 23 (Disclaimer)
1. Even if damage arises to a User or a third party in connection with the Service, the Company shall bear no liability whatsoever unless the Company has acted with intent or gross negligence.
2. Even if the Service is impaired as a result of the suspension or interruption of, or changes to the specifications of, integrations with external services (Google Analytics, ad delivery platforms, etc.), the Company shall not be liable for any damage arising therefrom.
3. If all or part of the Service is delayed, interrupted, or discontinued due to causes beyond the Company's reasonable control, such as natural disasters, infectious diseases, amendments to laws and regulations, telecommunications line failures, or unauthorized access by third parties, the Company shall bear no liability arising therefrom.
Article 24 (Limitation of Liability for Damages)
1. Where the Company bears liability for damages to a User, the scope of such liability shall be limited to the total amount of the usage fees for the Service actually paid by the User to the Company during the preceding three months.
2. The treatment of cases in which the Company has acted with intent or gross negligence shall be governed by applicable laws and regulations.
3. The limitation of liability under this Article applies to the extent that it is not restricted by the Consumer Contract Act or other mandatory laws and regulations.
Chapter 10: Service Changes and Termination
Article 25 (Change of Service Content)
1. The Company may change or temporarily suspend the content, specifications, design, functions, and the like of the Service at any time without prior notice to Users.
2. Even if a User incurs damage as a result of such change or temporary suspension, the Company shall bear no liability whatsoever; provided, however, that if the Company reasonably determines that the change will have a significant impact on Users, it will give prior notice to that effect by posting on the Company's site or by other appropriate means.
Article 26 (Termination of Service)
1. The Company may terminate all or part of the Service at its own discretion.
2. If the Company terminates the Service, it will, as a general rule, notify Users by an appropriate method, such as posting on the Company's site, at least one month prior to the scheduled date of termination.
3. If advance notice is difficult due to unavoidable circumstances such as a disaster, an amendment to laws and regulations, or the suspension of an external service, the Company will give subsequent notice as promptly as possible.
4. Even if a User incurs damage as a result of the termination of the Service under this Article, the Company shall bear no liability whatsoever.
Chapter 11: Personal Information and Privacy
Article 27 (Handling of Personal Information)
1. The Company will appropriately handle personal information obtained from Users in accordance with the Privacy Policy separately prescribed by the Company.
2. In using the Service, Users are deemed to have reviewed and agreed to the content of the Privacy Policy.
Article 28 (Acquisition of Information through Collaborative Services)
1. If a User integrates an external service (Google Analytics, an ad platform, etc.) with the Service, the Company may use the data obtained through such integration for the purposes of providing and improving the Service and for marketing purposes.
2. If the data obtained through the integration includes personal information, its handling shall also be governed by the Privacy Policy.
3. If it is necessary for the Company and the User to execute a data processing agreement (DPA) or the like concerning the protection of personal information, they may execute such an agreement upon separate consultation.
Chapter 12: Exclusion of Antisocial Forces
Article 29 (Exclusion of Anti-Social Forces)
1. Users represent and warrant that, now and in the future, neither they nor their officers, employees, beneficial owners, or the like fall under, or have any relationship with, organized crime groups, companies affiliated with organized crime groups, corporate racketeers, groups engaging in criminal activities under the pretext of conducting social campaigns, crime groups specialized in intellectual crimes, or any other equivalent persons (hereinafter "Antisocial Forces").
2. Users shall not engage in any of the acts set forth in the following items.
(1) Violent demands
(2) Unreasonable demands beyond legal responsibility
(3) Use of threatening words or conduct, or of violence
(4) Acts of spreading rumors, or using deceptive means or force, to damage the Company's credibility or obstruct the Company's business
(5) Any other act equivalent to the foregoing items
Article 30 (Termination of Contract)
1. If the Company reasonably determines that a User has breached the preceding Article, it may immediately terminate the Usage Agreement and cease providing the Service, without any demand or other procedure.
2. Even if a User incurs damage as a result of the termination of the agreement under the preceding paragraph, the Company shall bear no liability whatsoever.
Chapter 13: Others
Article 31 (Governing Law)
All matters related to these terms and this service shall be governed by Japanese law and interpreted in accordance with Japanese law.
Article 32 (Agreed Jurisdiction)
In the event of any dispute arising between the Company and the user regarding these terms or this service, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
Article 33 (Severability)
Even if any provision of these terms is deemed invalid or unenforceable, the other provisions will remain in full force and effect. Any provision that is deemed invalid or unenforceable will be considered to have been replaced by the valid provision that most closely reflects the intent of the parties.
Article 34 (Resolution by Agreement)
In the event that matters not stipulated in these terms or doubts arise regarding the interpretation of the clauses, the company and the user will consult in good faith to seek a resolution. If a resolution cannot be reached through consultation, the provisions of the preceding article regarding agreed jurisdiction will apply.
