Doyle Terms of Service

Article 1 (Definitions)

In these Terms, the following terms have the meanings set out below.

1. “Service”: the functions for acquiring, integrating, visualizing, analyzing and reporting marketing data that the Company provides under the name “Doyle”, and all services incidental or related thereto. Unless the Company provides otherwise, functions that the Company adds to the Service, and functions provided as derivatives of the Service, are included in the Service. Even if the name of the Service is changed, the Service as changed is included in the Service.
2. “External Services”: Google Ads, Meta Ads, other advertising media, business systems, SaaS and other third-party services that connect with the Service.
3. “Connected Data”: data that a User brings into the Service by connecting with an External Service, uploading files or any other method.
4. “Registration Information”: information that a User provides to the Company when registering to use the Service.
5. “AI Analysis Results”: analyses, insights, suggestions and other output generated by the Service using AI technology.

Article 2 (Application)

1. These Terms apply to all relationships between the Company and Users concerning the use of the Service.
2. Individual notes, guidelines and the like that the Company posts on the Service form part of these Terms.
3. If the content of these Terms differs from the individual provisions referred to in the preceding paragraph, the individual provisions prevail.

Article 3 (Registration)

1. The Service is intended for use by corporations, sole proprietors and other individuals who use the Service for business. However, the Company does not prevent individuals from using the Service for non-business purposes.
2. Registration is completed when the applicant agrees to these Terms, applies by the method designated by the Company, and the Company approves the application.
3. The Company may refuse to approve a registration in the following cases, and has no obligation to disclose its reasons.
   • The Registration Information contains a falsehood, an error or an omission
   • The application is from a person who has previously violated these Terms
   • The Company determines that the applicant falls under, or has any involvement with, anti-social forces or the like
   • The Company otherwise determines that the registration is inappropriate

Article 4 (Account Management)

1. Users shall manage their account information (ID, password, etc.) at their own responsibility.
2. Account information may not be transferred, lent or shared to or with any third party.
3. Users are responsible for any damage arising from inadequate management of account information or its use by a third party, and the Company is not liable for such damage except where the Company acted intentionally or with gross negligence.

Article 5 (Pricing Plans and Payment)

1. The Service consists of a free plan and paid plans. The name, fee, available functions and usage limits of each plan (the “Plan Details”) are as displayed by the Company on its web page within the Service (the “Pricing Page”), and the content of the Pricing Page forms part of these Terms.
2. The fee for a paid plan shall be paid in advance by the method designated by the Company. The payment method, billing date, currency and other payment terms are as shown on the application screen and the Pricing Page.
3. Even if a User cancels in the middle of a usage period, fees already paid will not be refunded for any reason (nor will fees be prorated by day).
4. Unless the User completes the cancellation procedure by the last day of the usage period, a paid plan is automatically renewed with the same Plan Details.

Article 6 (Changes to Plan Details)

1. The Company may change the Plan Details for reasonable grounds such as improvement of the Service, changes in the cost of providing it, or changes in the specifications of External Services.
2. If the Company increases fees, discontinues a function provided in a paid plan, or lowers a usage limit (an “Adverse Change”), it will notify Users of the change and its effective date, by posting on the Service or by sending to the registered email address, at least 30 days before the effective date.
3. For Users who already have a contract, an Adverse Change applies from the first renewal date that falls on or after the effective date.
4. A User who does not agree to an Adverse Change may cancel after the notice under paragraph 2 and by the day before the effective date. If the User does not cancel within that period and continues to use the Service on or after the effective date, the User is deemed to have agreed to the changed Plan Details.
5. The Company may make changes that are favorable to Users, such as fee reductions, additional functions or higher usage limits, without prior notice.
6. The Company may continue to apply the previous Plan Details or individual conditions to specific Users. The conditions for such application are as separately determined by the Company.

Article 7 (Connection with External Services)

1. Use of the Service may require connecting accounts of External Services. The terms of use of each External Service apply to such connection.
2. Users shall connect only advertising accounts for which they have proper authority.
3. Changes to the specifications of External Services, or the suspension or restriction of their APIs, may make all or part of the Service unavailable. The Company is not liable for any damage this causes to Users.

Article 8 (Handling of Connected Data)

1. Rights in Connected Data belong to the User (or the rightful holder).
2. The Company may use Connected Data for the purposes of providing, maintaining and improving the Service and developing new functions.
3. The Company may create statistical data processed so that individual companies cannot be identified, and may use it without restriction.
4. Personal information is handled in accordance with the Privacy Policy separately established by the Company.

Article 9 (Disclaimer Regarding AI Analysis Results)

1. AI Analysis Results are reference information generated mechanically from Connected Data and the like, and their accuracy, completeness and usefulness are not guaranteed.
2. Final decisions on, and the execution of, advertising operations are the User's own responsibility.
3. The Company makes no warranty whatsoever regarding the results (return on ad spend, sales, etc.) of measures that a User takes on the basis of AI Analysis Results.

Article 10 (Prohibited Acts)

In using the Service, Users must not engage in any of the following acts.

1. Acts that violate laws and regulations or public order and morals
2. Acts that infringe the intellectual property rights, privacy or other rights or interests of the Company or a third party
3. Connecting an advertising account without authority
4. Reverse engineering, analyzing, copying or modifying the Service
5. Reselling the Service or allowing third parties to use it (except where the Company has separately permitted it)
6. Placing an excessive load on the servers or network of the Service, or gaining unauthorized access
7. Accessing the Service by automated means such as scraping (except where the Company has permitted it)
8. Acts that interfere with the operation of the Service
9. Any other act that the Company deems inappropriate

Article 11 (Intellectual Property Rights)

1. Intellectual property rights relating to the Service (including the system that generates AI Analysis Results) belong to the Company or to those who license them to the Company.
2. Users may use AI Analysis Results for their own business to the extent necessary for using the Service.

Article 12 (Changes, Interruption and Termination of the Service)

1. The Company may change or add to the content of the Service without prior notice to Users.
2. The Company may interrupt all or part of the Service without prior notice in the following cases.
   • When performing maintenance, inspection or updates of the system
   • When provision becomes difficult due to force majeure such as an earthquake, lightning, fire, power outage or natural disaster
   • When computers, communication lines or the like stop due to an accident
   • When a failure or the like occurs in an External Service
   • When the Company otherwise deems an interruption necessary
3. The Company may terminate the Service by notifying Users at least three months in advance.

Article 13 (Usage Restrictions and Deregistration)

1. If a User falls under any of the following, the Company may, without prior notice, restrict the User's use of the Service or delete the User's account.
   • The User has violated any provision of these Terms
   • It turns out that the Registration Information contains a falsehood
   • The User has defaulted on an obligation to pay fees
   • The User has not responded to the Company's communications for a reasonable period
   • The Company otherwise determines that the User's use of the Service is inappropriate
2. The Company is not liable for any damage that a User suffers as a result of measures under the preceding paragraph.

Article 14 (Cancellation)

1. Users may cancel the Service at any time by the procedure designated by the Company.
2. If unpaid fees remain at the time of cancellation, the User shall pay them immediately.
3. Connected Data and Registration Information after cancellation will be deleted after the period determined by the Company has elapsed. The Company has no obligation to back up data.

Article 15 (Disclaimers)

1. The Company does not warrant that the Service is free of defects, whether factual or legal (including defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose or security, errors and bugs, and infringement of rights).
2. The Company is not liable for any damage whatsoever that a User suffers arising from the Service, except where caused by the Company's intent or gross negligence.
3. Even where the Company is liable for damages, the scope of compensation is limited to direct and ordinary damage actually incurred by the User, and does not include lost profits, loss of business opportunity, damage to reputation, costs of recovery associated with the loss or corruption of data or programs, damage based on claims by third parties, or other indirect, special or consequential damage. The same applies even if the Company was informed in advance of the possibility of such damage.
4. In the case of the preceding paragraph, the Company's liability for damages is capped at the total fees the User paid to the Company during the three months immediately preceding the month in which the damage occurred (or JPY 10,000 if that total is less than JPY 10,000).
5. The preceding two paragraphs do not apply where the damage is caused by the Company's intent or gross negligence.
6. No claim for damages or any other claim against the Company relating to the Service may be made after one year has passed from the date on which the cause of the claim arose.
7. The Company bears no responsibility whatsoever for disputes between Users or between a User and a third party.
8. If a User is a consumer within the meaning of the Consumer Contract Act (消費者契約法), the provisions of the preceding paragraphs and elsewhere in these Terms that exempt or limit the Company's liability apply to the extent they do not contravene that Act or other mandatory laws. In that case, where the Company's non-performance or tort is due to the Company's slight negligence, the Company is liable only within the scope of ordinary damage actually incurred by the User and up to a cap equal to the total fees the User paid to the Company during the twelve months immediately preceding the month in which the damage occurred; this does not apply where the Company acted intentionally or with gross negligence.

Article 16 (Exclusion of Anti-Social Forces)

1. Users represent and warrant that they are not, and will not in the future be, an organized crime group, a member of one, a company affiliated with one, a corporate racketeer (sokaiya) or any other anti-social force.
2. If a User breaches the preceding paragraph, the Company may terminate the usage agreement without prior notice.

Article 17 (Changes to the Terms)

1. In accordance with Article 548-4 of the Civil Code of Japan (民法第548条の4), the Company may change these Terms in the following cases.
   • The change conforms to the general interests of Users
   • The change does not run counter to the purpose of the contract and is reasonable in light of the necessity of the change, the appropriateness of the changed content and other circumstances
2. When changing these Terms, the Company will announce the changed content and its effective date on the Service or by another method it designates, a reasonable period before the effective date.

Article 18 (Notices and Communications)

Notices from the Company to Users are given by sending them to the registered email address or posting them on the Service, and are deemed to have reached the User at the time of sending or posting.

Article 19 (Prohibition of Assignment of Rights and Obligations)

Users may not, without the Company's prior written consent, assign to a third party or offer as security their status under the usage agreement or their rights and obligations under these Terms.

Article 20 (Severability)

Even if any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect.

Article 21 (Governing Law and Jurisdiction)

1. The laws of Japan govern the interpretation of these Terms.
2. If a dispute arises concerning the Service, the Tokyo District Court is the exclusive agreed court of jurisdiction of first instance.