2024-04-14
These terms will be applied when using LastCapsule provided by LastCapsule Inc. Please read these terms and use this service on your consent.
These terms stipulate the conditions when the user uses LastCapsule service. In addition to these Terms of the Service, we may set individual terms and other guidelines regarding the use of this service. In that case, the individual terms and other guidelines, etc. shall be applied as part of these Terms. We may provide the terms in multiple languages.In that case, the Japanese version is applied for the users living in Japan, and the English version is applied to users living in other areas.
Those who meet all of the following conditions can use LastCapsule. - Those who agree with these terms and comply - Those who have never violated these terms in the past
If the user uses LastCapsule's account required features, such as creating a capsule, the user needs to register a user account according to the method provided by LastCapsule. Ownership and usage rights of the user account cannot not be transferred or inherited by other persons. If LastCapsule determines that the user account meets any of the following conditions, we will stop or abolish the user account. In this case, LastCapsule does not need to disclose the reasons. - Those who created accounts for purposes other than using LastCapsule. - Those who violated the contract with LastCapsule including these Terms in the past, or those who were involved in the violation. - Those who has created multiple accounts - Those who LastCapsule determines that the user account is not appropriate because of other reasons.
LastCapsule entrusts the credential registration and authentication to the external service(Auth0). The user shall register credentials and authenticate with the service terms and privacy policy of the external service. When registering a user account, the user sets a set of email address and password, or a social login. The user shall strictly manage and store the above authentication information, and shall not use it to third parties with a lending, transfer, or other buying and selling method. LastCapsule is not responsible for any damage or disadvantages due to the user's insufficient management of credentials. If the user loses or forgets credentials, or if the credentials are found to be used by third parties, the user shall immediately notify LastCapsule. Regardless of whether the user who uses LastCapsule is actually himself or herself, LastCapsule decides the user himself or herself when the user is using the credential the user has set. The user shall be responsible for all from the usage of the user account.
If the user uses some features like purchasing capsule capacity or creating capsules, the user needs to set the user profile on LastCapsule. The user profile is considered as personal data so it is managed according to LastCapsule's privacy policy. Users need to register accurate and latest information to the user profile. The registered user profile is used when identity verification(described later). The registered user profile is partially made public when the capsule is released. If the content of the user profile is changed, the user must promptly reflect the change in LastCapsule. LastCapsule is not responsible for damages or disadvantages that occurred because the content of user profile is inaccurate or false, or the change of the content of user profile is not reflected.
If the user uses some features like purchasing capsule capacity or creating capsules, the user needs to identify himself or herself. LastCapsule entrusts identity verification to the external services(veriff, Nexway). The user shall do identity verification with the service terms and privacy policy of the external services. When LastCapsule recognizes fraud in the identity verification process with the user, the user account will be stopped or abolished.
LastCapsule entrusts payment processing to the external service(Stripe). The user shall make payment with the service terms and privacy policy of the external service.
The user needs to expand capsule capacity for creating user contents such as creating capsules. There are following methods for expanding the capsule capacity. - Purchase the additional capsule capacity from LastCapsule - Use gift code issued by another user With the completion of the user's payment, it is regarded as a contract, LastCapsule expands the user's capsule capacity. A notification email is sent to the user at that time. As soon as LastCapsule recognizes that the capsule capacity has been expanded illegally, or LastCapsule has been used beyond the capsule capacity by illegal means, LastCapsule will delete capsules created by the user and stop or abolish the user account.
LastCapsule provides "Free Trial Capacity" to every user. Within "Free Trial Capacity", the user can create only 1 capsule and the user can store contents in the capsule up to 500MB. The capsule created within "Free Trial Capacity" will stay closed even after it comes the due open date and will be deleted 30 days after its creation.
The user can issue a gift code in LastCapsule which is transferable to other users. The gift code shall be managed by the user's own responsibility. LastCapsule is not responsible for illegitimate usage of the gift code caused by the user's inadequate management. With the completion of the user's payment, it is regarded as a contract, and LastCapsule issues a gift code to the user. A notification email is sent to the user at that time. As soon as the Company recognizes that the Gift Code has been fraudulently used due to the vulnerability of LastCapsule, LastCapsule will delete capsules created by the user and stop or abolish the user account.
The user needs to create the user account for creating capsules. The user can create a capsule within the free trial capacity, although the restriction of the free trial capacity is applied to the capsule created within the free trial capacity. To make the capsule to be opened at the due open date, the user is required to identify himself or herself and expand the capsule capacity. When LastCapsule recognizes fraud in those processes, LastCapsule deletes capsules created by the user.
The capsules, capsule contents, and other content created by users (hereinafter referred to as 'user contents') are created on the consent of the user that the user contents are accessed and viewed by public users in LastCapsule after the date user configured. The user contents are created on the full responsibility of the user. The user must not create the following user contents. - Something that is intended to mislead something not true to be true - obscene expressions or obscene images such as nude - Something that violates intellectual property rights (copyright, etc.) of others - Something that violates the rights of others (privacy rights, rights of portraits, etc.) beyond the rights to know. - Something contains computer virus - Something interrupts LastCapsule's right system operation. - Other things that LastCapsule decides are inappropriate LastCapsule will apply browsing suspension or browsing restrictions for the contents above, for a certain period of time. The user shall allow that LastCapsule will publish and deliver the user contents on the internet after the date user configured. The user shall allow that LastCapsule and the third party approved by LastCapsule use the user content without any permissions and charge. LastCapsule is not obliged to reply to the user or answer the reason when LastCapsule applies browsing suspension or browsing restrictions. In addition, we are not responsible for damages or disadvantages that caused to the user due to the measure.
All intellectual property rights and all other rights including copyright belong to LastCapsule for all materials that make up LastCapsule and LastCapsule's web page. The user shall not acquire any rights of LastCapsule's contents and shall not do any actions that violate the rights without permission from LastCapsule.
LastCapsule may change the contents of this service and stop some functions without notifying the user. LastCapsule is not responsible for any damages or disadvantages the user received because of the change or stop.
If we have determined that there are any of the following reasons, we may interrupt all or part of the service without notifying the user in advance. - When LastCapsule performs maintenance or update of its computer system - When LastCapsule becomes hard to provide its service because of inevitable forces such as an earthquake, lightning strike, fire, power outage, other natural disaster, terrorism, intervention of government agencies, or enactment or abolition of laws and regulations. - When a computer or communication line stops due to an accident - When the cloud service used by LastCapsule stops - When LastCapsule determines that it is difficult to provide the service for any other reasons above LastCapsule is not liable for any damages or disadvantages for users or third parties due to interruption of the service for any reason.
LastCapsule manages personal data obtained in providing the service in accordance with its privacy policy.
The user cannot perform the following actions: - Actions that prevent or may prevent the operation of LastCapsule - Actions that interfere with the use of LastCapsule by other users - Actions that infringe the copyrights or other rights of LastCapsule - Actions that violate the rights or profits of LastCapsule, other users, or other third parties - Actions that impersonate other users - Actions that directly or indirectly provide profits to anti-social forces - Actions that is considered to be spam - Actions that is against the public order or violate or may violate laws or regulations - Actions that violate these terms - Other Actions that is judged inappropriate by LastCapsule As soon as LastCapsule decides that the user has made the actions above, LastCapsule may suspend or abolish the user account without prior notification to the user. LastCapsule is not liable for any damages or disadvantages caused by these measures.
If LastCapsule compensates for the issue related to the use of the service, LastCapsule does not have to compensate beyond the amount paid from the user. In addition, we are not responsible for compensation for incidental damage, indirect disadvantage, extraordinary disadvantage, future disadvantage and lost profit.
LastCapsule notifies the user via sending email to the email address registered by the user, or displaying on LastCapsule website or other methods that LastCapsule judges is appropriate. When LastCapsule notifies the user via sending email, it is considered as the successful reach when the email is recorded in the email server corresponding to the email address that the user registered LastCapsule. If the registered email address has been changed, the user shall promptly notify that to LastCapsule. Until then, it is considered as the successful reach when the email notification from LastCapsule is recorded in the email server corresponding to the email address before change. LastCapsule is not responsible for any damages or disadvantages to the user due to negligence in the notification of the email address change.
LastCapsule is not responsible for the disputes between the user and third parties even when they are related to LastCapsule.The user shall resolve the dispute by himself or herself with costs and responsibility. If the dispute between the user and third parties has caused damages or disadvantages to LastCapsule, the user has to compensate for that(including lawyer fee).
The user cannot transfer or relocate or set other settings for third parties to the rights or obligations based on these terms, without prior written consent with LastCapsule.
If any of these terms violates the laws and it is considered as void, the term loses effect and is not applied in the contract of LastCapsule and the user. In this case, it does not affect the effects of other terms.
LastCapsule may change these Terms at any time. When changing these Terms, LastCapsule shall notify the effective date, and to notify changes with following details to the users via the announcement on the website or transmitting email or other methods by the date of the effect. - change of these terms - contents of these terms after changing - effective date When these terms are changed, LastCapsule strives to keep past terms visible from the user even after the change.
These Terms are interpreted in conjunction with the Japanese law. LastCapsule and the user agree in advance that the Yokohama District Court(Japan) will be the exclusive jurisdiction of the first instance to resolve the dispute between LastCapsule and the user.
You can find LastCapsule's previous terms of service at the link below