Terms of Use

Article 1 (Definitions)

In these Terms, the meanings of the terms set forth in the following items shall be as prescribed in the respective items.

（１）“This API”

Means the application programming interface provided on this Service to enable payment services.

（２）“Payment Service”

Means a service that enables settlement procedures for contracts between you and the Merchant by credit card payment.

（３）“Payment Service Provider”

Means a company that provides the Payment Service.

（４）“Credit Card Payment”

Means making a payment by using a credit card, including advance payment by a credit card company or similar means.

（５）“Intellectual Property Rights, etc.”

Means copyrights (including rights under Articles 27 and 28 of the Copyright Act), patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including rights to obtain such rights or to file applications for registration, etc.), as well as ideas, know-how, and the like.

（６）“Merchant”

Means a business operator that concludes with you a contract for the sale or purchase of goods or services or other contracts.

Article 2 (Agreement to these Terms)

You shall use this Service and the Payment Service in accordance with these Terms, and you may not use those services unless you agree to these Terms.

Article 3 (Status of the Payment Service Provider, etc.)

The Payment Service Provider is not a party, agent, or intermediary to contracts between you and the Merchant.

The Payment Service Provider shall not be involved in any communications, inquiries, or other negotiations between you and the Merchant (hereinafter “Negotiations”), nor in any claims, disputes, or other conflicts (hereinafter “Disputes”), and shall bear no liability whatsoever in respect thereof.

You may make inquiries to the Payment Service Provider only by prescribed methods, and the Payment Service Provider may respond thereto at its own discretion and judgment; provided, however, that the Payment Service Provider shall have no obligation to respond to your requests or the like.

Article 3-2 (Status in purchase contracts)

A contract under which you purchase goods or services from the Merchant (hereinafter the “Purchase Contract”) shall be formed between you and the Merchant.

NERD Inc. (including any successor name; the same hereinafter) and “MAQE” and other systems it provides (including any successor name; the same hereinafter) are not a party, agent, intermediary, or broker to the Purchase Contract, and shall not bear obligations to provide goods or services, refund obligations, warranty liability, or other obligations under the Purchase Contract.

You shall, in accordance with rules established by the Merchant, request the Merchant to handle inquiries, complaints, returns, refunds, chargeback procedures, and other matters concerning the Purchase Contract.

The routing, receipt, and remittance to the Merchant of purchase price payments you make shall be as set forth in the following Article.

Article 4 (Receipt and remittance of payments in settlement procedures)

You agree in advance that the price you pay under the Purchase Contract shall, through payment means provided by the Payment Service Provider (including Stripe, Inc. and other payment businesses), first be credited to the platform payment account of NERD Inc. (including any successor name).

NERD Inc. shall remit to the Stripe Connect connected account (including Express accounts) held by the Merchant the balance after deducting the platform fees determined by NERD Inc., payment processing fees of the Payment Service Provider, and other fees determined by NERD Inc. or the Payment Service Provider, in accordance with schemes determined by the Payment Service Provider. Timing of remittance, holds, treatment upon chargebacks, and other conditions shall be governed by the Payment Service Provider’s terms and policies and conditions determined by NERD Inc. and the Merchant.

The settlement procedures in the preceding two paragraphs do not change that the Purchase Contract is formed between you and the Merchant, or that the Merchant remains responsible for provision of goods or services, returns, refunds, defects, and other obligations under the Purchase Contract. You shall continue to make such claims and procedures to the Merchant.

You agree in advance that the Payment Service Provider or its delegates may perform receipt, deductions, remittance, and settlement under this Article.

Article 5 (Use of this API)

You may use this API provided by the Payment Service Provider within the scope of the purpose of settling payments concerning contracts between you and the Merchant (hereinafter the “Permitted Purpose”).

You shall not use the Payment Service outside the Permitted Purpose.

Article 6 (Ownership of rights)

All intellectual property rights, etc. relating to the Payment Service belong to the Payment Service Provider or persons who have licensed the Payment Service Provider, and permission to use this API does not mean assignment or transfer of such intellectual property rights, etc.

You shall not, for any reason, perform acts that may infringe intellectual property rights, etc. of the Payment Service Provider or its licensors (including disassembly, decompilation, and reverse engineering, without limitation).

Article 7 (Handling of information related to use of the Payment Service)

Handling of your terminal information (including, without limitation, app launch logs and browser viewing logs), payment-related information, and other information concerning use of related services (hereinafter “Payment Service Information, etc.”) shall be governed by privacy policies separately established by the Merchant and the Payment Service Provider, and you agree that the Merchant and the Payment Service Provider will handle such information in accordance with those policies.

The Merchant and the Payment Service Provider may use Payment Service Information, etc. at their discretion for provision and operation of the Payment Service, improvement of service content, and similar purposes, or use or disclose it as statistical information in a form that does not identify individuals.

The Merchant and the Payment Service Provider may collect Payment Service Information, etc. using cookies or tracking modules (including for retargeting ads). The Merchant and the Payment Service Provider shall not be liable for damage arising in connection with use of cookies or tracking modules except in cases of their willful misconduct or gross negligence. Other disclaimers or limitations of liability in these Terms may be invalid to the extent they conflict with mandatory laws such as the Consumer Contract Act.

The Merchant and the Payment Service Provider shall have no obligation to retain Payment Service Information, etc., even if stored for a certain period in operation, and may delete such information at their discretion within a reasonable scope. They shall not be liable for damage arising from such deletion or non-retention except in cases of willful misconduct or gross negligence.

Article 8 (Returns, refunds, chargebacks, and non-conformity)

Whether returns or cancellations are permitted, and conditions, deadlines, shipping costs, and the like shall follow the Act on Specified Commercial Transactions and other laws, the Merchant’s specified commercial transaction disclosures, these Terms, return policies, and the like.

If goods or services are not in conformity with the contract (so-called non-conformity), exchange, refund, repair, and the like shall follow the Consumer Contract Act and other laws and rules of the Merchant, and shall be handled by the Merchant as a procedure separate from return policies referred to in the preceding item.

Chargebacks and other payment procedures relating to credit card payments shall follow agreements of the Payment Service Provider, card companies, and related laws, and necessity and method of refunds shall be as determined by the Merchant and the Payment Service Provider.

Article 9 (Prohibited acts)

In using this Service and the Payment Service, you shall not, by yourself or through a third party, perform any of the following acts, nor directly or indirectly cause or facilitate any of the following acts:

Fraud or similar acts against the Merchant or the Payment Service Provider
Acts that obstruct or confuse the business of the Merchant or the Payment Service Provider (including interference with business, provision of false information, and tampering with information, without limitation)
Using this Service and the Payment Service for illegal or improper transactions
Using the Payment Service for purposes other than paying for the service provided
Using bugs not normally intended in the Payment Service, or using, creating, or distributing external tools that produce effects not normally intended
Imposing excessive load on networks or systems
Providing benefits to antisocial forces
Acts related to crime, or acts contrary to public order or laws
In addition to the preceding items, acts that violate or facilitate violation of laws, court judgments, orders, or legally binding administrative measures
Acts contrary to the purpose of these Terms and the Payment Service
In addition to the preceding items, acts that the Merchant or the Payment Service Provider deems inappropriate

Article 10 (Disclaimer of warranties and limitation of liability)

The Merchant and the Payment Service Provider make no warranty that this Service and the Payment Service will meet your particular purpose, have expected commercial value, accuracy, usefulness, or completeness, comply with laws or industry guidelines applicable to you, or be free from defects.

You acknowledge in advance that bugs, defects, or unusable states may occur due to your environment for using this Service and the Payment Service, communication conditions, or other external circumstances.

Article 11 (Personal information)

The Merchant shall comply with the Act on the Protection of Personal Information, guidelines of relevant ministries, and other related laws and regulations in order to protect user information (meaning all information obtained from users).

The Merchant and the Payment Service Provider will use users’ personal information for service provision, identity verification, inquiry response, notice distribution, and similar purposes.

Personal information will not be provided to third parties without user consent except as required by law or when providing to partner companies or services.

To provide this Service, the Merchant uses on its website “MAQE” and other services provided by NERD Inc. (including any successor name). Services provided by NERD Inc. constitute partner services, and NERD Inc. constitutes a partner. The Merchant may provide user information to NERD Inc. in accordance with these Terms and laws.

The Merchant may outsource all or part of handling of personal information obtained from users to third parties. In such case, the Merchant shall conclude confidentiality agreements or the like in advance in line with this policy and exercise necessary and appropriate supervision so that the outsourcee manages information appropriately.

The Merchant may use technologies called “cookies” and similar technologies in this Service. Cookies can identify a computer but cannot identify an individual user. You may disable cookies in device settings, but part or all of this Service may become unavailable.

For handling of user information on external services, please refer to privacy policies separately established by providers of those external services.

The Merchant will manage personal information appropriately and endeavor to prevent leakage, loss, and unauthorized use.

Terms of Use (for users)