Analyze Act Terms of Use

"The Analyze Act Terms of Use (hereinafter referred to as "these Terms") set forth the terms of use of the service provided by Count Lead LLC (hereinafter referred to as "our company") and the rights and obligations between our company and registered users. In order to use the service, you must read the entire text of these Terms and agree to them."

Article 1 (Application)

These Terms are intended to define the terms of use of this service and the rights and obligations between our company and registered users in relation to the use of this service, and apply to all relationships related to the use of this service between registered users and our company.
The rules for using this service posted on our company's website (https://analyze-act.com/service/) constitute a part of these Terms.
If the contents of these Terms differ from the rules in the preceding paragraph or other descriptions of this service outside of these Terms, the provisions of these Terms shall take precedence.

Article 2 (Definitions)

In these Terms, the terms listed below have the meanings respectively set forth in the following items:

'Service Use Contract' means the contract for the use of this service concluded between our company and a registered user, with these Terms as the contract terms.
'Intellectual Property Rights' means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to obtain or apply for registration of these rights).
'Our Company's Website' means the website operated by our company with the domain 'https://analyze-act.com/' (including the website after any change in the domain or content of our company's website for any reason).
'Registered User' means an individual or corporation that has been registered as a user of this service based on Article 4 (Registration).
'This Service' means the service named Analyze Act provided by our company (including the service after any change in the name or content of the service for any reason). The main content of the service is to analyze the access status of websites registered by registered users and create reports.

Article 3 (Linkage with External Services)

Those who wish to use this service (hereinafter referred to as 'Registration Applicants') must set up Google Analytics before using this service and agree to its terms of use (https://marketingplatform.google.com/about/analytics/terms/jp/). Our company shall not be responsible for any liability arising from the registration and use of Google Analytics by the Registration Applicant.
Before using this service, Registration Applicants must contract and set up ChatGPT Plus (paid) and agree to its terms of use (https://openai.com/policies/terms-of-use). Our company shall not be responsible for any liability arising from the registration and use of ChatGPT Plus by the Registration Applicant.
To access and retrieve data from Google Analytics via this service, the service account for this service, 'a2user@analyze-act.iam.gserviceaccount.com', will be added as an account editor. If this user is deleted during the use of the service, it will not be possible to access Google Analytics from this service, and the service will become unusable. After canceling the service, it will not be automatically deleted, so you will need to delete the relevant user yourself.
Registered users agree that our company will provide certain information (hereinafter referred to as 'Registration Items') as defined by our company to Google Analytics and ChatGPT as necessary to provide this service.

Article 4 (Data Sharing with Google API and ChatGPT Plugin)

Compliance with Google API Services User Data Policy This service adheres to the Google API Services User Data Policy, including its Limited Use Requirements, for the use and transfer of information received from Google APIs. The Google API Services User Data Policy can be reviewed at the following URL: https://developers.google.com/terms/api-services-user-data-policy
Data Sharing with ChatGPT Plugin This service may provide data obtained from Google APIs to ChatGPT, via the ChatGPT Plugin, with the explicit consent of the user. This data sharing complies with the Google API Services User Data Policy, specifically its Limited Use Requirements.
Consent for Data Sharing This data sharing is essential for the basic functionality of our service. Failure to consent may result in the inability to use our service. By clicking the "Agree to the Terms and Register" button during user registration, you are considered to have consented to the above data sharing."

Article 5 (Registration)

Applicants can apply for registration to use the Service by agreeing to comply with these Terms and providing registration information to the Company in the manner specified by the Company.
The Company will determine whether or not to register the applicant (hereinafter referred to as the 'Applicant') based on the Company's criteria. If the Company approves the registration, it will notify the Applicant. The registration of the Applicant as a registered user is considered complete when the Company makes this notification.
Upon completion of the registration as set forth in the preceding paragraph, a service usage contract is established between the registered user and the Company, and the registered user can use the Service in accordance with these Terms.
The Company may refuse registration or re-registration if the Applicant falls under any of the following reasons, and is not obligated to disclose any reason for such refusal:
(1) If there is any falsehood, error, or omission in all or part of the registration information provided to the Company.
(2) If the person is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent of a legal representative, guardian, curator, or assistant.
(3) If the Company determines that the person is a member of an antisocial force, or cooperates or is involved in the maintenance, operation, or management of antisocial forces through funding or other means, or has any interaction or involvement with antisocial forces.
(4) If the Company determines that the person has previously violated a contract with the Company or is related to such a person.
(5) If the person has been subjected to the measures set forth in Article 12.
(6) If the Company determines that registration is not appropriate for any other reason.

Article 6 (Changes to Registration Details)

Registered users must promptly notify our company of any changes to their registration details using the method specified by our company.

Article 7 (Management of Passwords and User IDs)

Registered users are responsible for properly managing and storing their passwords and user IDs for this service, and must not allow third parties to use them, nor lend, transfer, change the name, buy or sell them.
Registered users are responsible for any damages resulting from inadequate password or user ID management, misuse, or use by third parties.

Article 8 (Fees and Payment Methods)

Registered users must pay our company the usage fee displayed on our company's website as a consideration for using this service, using the payment method specified by our company.
If a registered user is late in paying the usage fee, they must pay our company a late fee at an annual rate of 14.6%.

Article 9 (Prohibited Acts)

Registered users must not engage in any of the following acts or any act deemed by our company to fall under the following when using this service:

Acts that violate laws or are related to criminal activities.
Fraudulent or threatening acts against the Company, other users of the Service, or any third party.
Acts against public order and morals.
Acts that infringe on the intellectual property rights, portrait rights, privacy rights, reputation, or any other rights or interests of the Company, other users of the Service, or any third party.
Sending information to the Company or other users of the Service that falls under or is deemed by the Company to fall under the following:
- Information containing excessively violent or cruel expressions.
- Information containing computer viruses or other harmful computer programs.
- Information containing expressions that defame the reputation or credit of the Company, other users of the Service, or any third party.
- Information containing excessively obscene expressions.
- Information containing expressions that promote discrimination.
- Information containing expressions that promote suicide or self-harm.
- Information containing expressions that promote the inappropriate use of drugs.
- Information containing antisocial expressions.
- Information urging the spread of chain mails or similar to third parties.
- Information containing expressions that cause discomfort to others.
Acts that impose an excessive load on the network or system of the Service.
Any reverse engineering, decompilation, disassembly, or other analytical actions against software or any other system provided by the Company.
Acts that may interfere with the operation of the Service.
Unauthorized access to the Company's network or system.
Impersonating another person.
Using the ID or password of another user of the Service.
Advertising, promoting, soliciting, or any commercial activities on the Service without the Company's prior consent.
Collecting information of other users of the Service.
Acts that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or any third party.
Providing benefits to antisocial forces.
Attempting any of the acts mentioned in the previous items.
Any other acts deemed inappropriate by the Company.

Article 10 (Suspension of the Service)

The Company may suspend or interrupt all or part of the Service without prior notice to registered users in any of the following cases:

When urgent inspection or maintenance work is required for the computer system related to the Service.
In case of failure of computers, communication lines, etc., incorrect operation, excessive concentration of access, unauthorized access, hacking, etc., making it impossible to operate the Service.
In case of natural disasters such as earthquakes, lightning strikes, fires, wind and water damage, power outages, etc., making it impossible to operate the Service.
In case the provision of the Service is stopped or becomes difficult due to changes in specifications of external collaboration services such as Google Analytics, ChatGPT, etc.
In other cases where the Company deems it necessary to stop or interrupt.

Article 11 (Ownership of Rights)

All intellectual property rights related to the Service belong to the Company, and the license to use the Service under these Terms does not imply a license to use the intellectual property rights of the Company related to the Service.
Registered users agree not to exercise moral rights against the Company or those who have inherited or been licensed rights from the Company.

Article 12 (Registration Cancellation, etc.)

The Company may delete or hide posted data, temporarily suspend the use of the Service for the registered user, or cancel the registration as a registered user without prior notice or demand if the registered user falls under any of the following reasons:
- In case of violation of any provision of these Terms.
- When it is found that there is a false fact in the registration items.
- In case of payment suspension or insolvency, or if there has been a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or any similar proceedings.
- In case of falling under any of the items of Article 9.
- In other cases where the Company deems it inappropriate to continue the use of the Service or registration as a registered user.
If any of the reasons in the preceding paragraph apply, the registered user shall naturally lose the benefit of the deadline for all debts owed to the Company and must immediately pay all debts to the Company.

Article 13 (Withdrawal)

Registered users can withdraw from the Service and cancel their registration as registered users by completing the procedures prescribed by the Company.
Upon withdrawal, if the registered user has any debt to the Company, the registered user shall naturally lose the benefit of the deadline for all debts owed to the Company and must immediately pay all debts to the Company.
The handling of user information after withdrawal shall be in accordance with the provisions of Article 17.

Article 14 (Changes to the Service Content, Termination)

The Company may change the content of the Service or terminate the provision of the Service at its discretion.
In the event the Company terminates the provision of the Service, the Company shall notify the registered users in advance.

Article 15 (Disclaimer and Exemption from Liability)

The Company does not guarantee that the Service will meet the objectives of the registered user (increased access to the website desired by the registered user, increased sales, or any other purpose for using the Service).
The Company shall not be liable for any damages suffered by the registered user in connection with the Service beyond the amount of consideration paid by the registered user to the Company in the past 12 months, and shall not be liable for any incidental, indirect, special, future damages or lost profits.
The registered user shall resolve at their own responsibility any transactions, communications, disputes, etc. that arise in connection with the Service or the Company's website between the registered user and other registered users or third parties.

Article 16 (Confidentiality)

The registered user shall treat as confidential any non-public information disclosed by the Company in connection with the Service, unless the Company has given prior written consent.

Article 17 (Handling of User Information)

The Company may use and disclose, at its discretion, information and data provided by the registered user in a form that does not identify individuals as statistical information, and the registered user shall not object to this.

Article 18 (Amendment of these Terms)

The Company may amend these Terms as it deems necessary. When amending these Terms, the Company shall notify the registered users in advance by posting the amended Terms on the Company's website or by other appropriate methods. The amended Terms shall apply after the amendment. However, if the amendment requires the consent of the registered user under laws and regulations, the Company shall obtain the consent of the registered user by a method prescribed by the Company.

Article 19 (Contact/Notification)

Inquiries about the Service and other communications or notifications from the registered user to the Company, and notifications about changes to these Terms and other communications or notifications from the Company to the registered user, shall be made in a manner prescribed by the Company.
When the Company contacts or notifies the registered user at the email address or other contact information included in the registration information, the registered user is deemed to have received the contact or notification.

Article 20 (Transfer of Rights and Obligations under the Service Use Contract)

The registered user may not transfer, assign, set as collateral, or otherwise dispose of their rights or obligations under the Service Use Contract or these Terms to a third party without the prior written consent of the Company.
In the event the Company transfers the business related to the Service to another company, the Company may transfer its rights and obligations under the Service Use Contract, the rights and obligations under these Terms, and the registration information and other customer information of the registered user to the transferee of the business transfer, and the registered user shall be deemed to have consented to such transfer in advance in this paragraph. This includes not only ordinary business transfers but also company splits and other cases where the business is transferred.

Article 21 (Severability)

Even if any provision or part of these Terms is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining part of the provision determined to be invalid or unenforceable shall continue to be in full force and effect.

Article 22 (Governing Law and Jurisdiction)

The governing law of these Terms and the Service Use Contract is Japanese law.
Any dispute arising out of or in connection with these Terms or the Service Use Contract shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Established on August 3, 2023
Revised August 30, 2023