This service is provided for customers outside of Japan. For clients from within Japan, the terms of use available [here] (https://amix-design.com/term) apply.

Article 1 (About These Terms of Use)

1. All users of this service, whether individuals or corporations, are deemed to have agreed to these terms at the time they use the service.

2. Our office may change the content of these terms as necessary. Any changes will be notified by posting on this site. By continuing to use the site after changes to these terms, users are deemed to have accepted the revised terms.

3. Any notices or cautions displayed on this site, other than these terms of use, are considered part of these terms.

4. Please be sure to read these terms before using the service.

 

Article 2 (Definitions)

Unless otherwise specified, the definitions of terms used in these terms are as follows:

1. “These Terms” – Terms of Use and Privacy Policy

2. “Our Office” – AMIX  https://amix-design.com

3. “This Site” – Japanify. https://amix-design.com/en/japanify/

4. “This Service” – All services related to advertising production and associated services provided on this site operated by our office

5. “User” – Anyone who uses this service

 

Article 3 (Services and Fees)

1. This service provides advertising production and associated services tailored to the user’s preferences.

2. The service may create advertising materials such as printed materials, web banners, videos, packages, and label designs using stock photos (pre-prepared photographic and image materials), stock videos and templates (pre-prepared video materials), and stock music (pre-prepared music/sound effect materials). Therefore, there may be existing advertisements that use similar images, videos, and music, or such advertisements may appear in the future. Our office does not manage the portions of third-party materials and templates used in providing this service. We are not responsible for any damages arising from this.

3. Our office may outsource part of the design work in this service (such as layout creation, image clipping and tracing, map and chart creation) to external parties, and the user agrees to this.

4. Specific details and usage methods of this service, as well as fees and payment methods not specified in these terms, will be defined within this site.

5. Our office may change the specific content and methods of this service, as well as fees, based on the site’s content and payment methods, but cannot change fees for services already started or paid for.

6. This service does not support the production of advertising materials related to the sex industry, adult content, dating content (including recruitment), pyramid schemes, multi-level marketing (MLM), cryptocurrency investment solicitations, CBD-related products, spiritual sales, or religious recruitment.

 

Article 4 (Payment and Cancellation Policy)

1. When using this service, the user agrees to the following payment terms:

(a) Advance Payment: One-third (1/3) of the design fee is to be paid upfront before starting production.

(b) Remaining Balance: The remaining two-thirds (2/3) is to be paid upon delivery.

2. Even if the design is not adopted due to the user’s circumstances or if the order is canceled due to dissatisfaction with the quality, no refund of the advance payment specified in Article 4, Item 1(a) will be made.

3. Notwithstanding the provisions of Item 1, if our office refunds the paid fees, the transfer fees will be borne by the user.

 

Article 5 (Guarantee)

1. When providing materials (photos, illustrations, videos, audio sources, etc.) or design of deliverables to our office, the user guarantees that the materials or design of the deliverables do not infringe on any third-party copyrights (including moral rights of authors and portrait rights), trademark rights, or any other rights, and that they are legal.

2. The user guarantees to our office that the catchphrases, slogans, back display, drawing data, and other information to be included on packages and labels used in this service comply with the laws of the country where the service is provided. If there are any uncertainties, please confirm with the relevant ministries or agencies of the applicable country yourself.

3. If the user breaches the guarantees in the preceding two items, our office may seek compensation for damages incurred. The obligation to compensate includes expenses (including reasonable attorney fees) incurred by our office in responding to claims based on infringement of rights from parties other than the user, or allegations of illegal acts due to the user’s use of our office’s services.

 

Article 6 (Liability for Non-conformity with Contract)

1. Since this service involves production upon order, unilateral corrections, changes, or cancellations of the service content due to the user’s circumstances cannot be accepted. The commencement of the service refers to the stage when our office begins designing.

2. While our office strives for thorough quality control of this service, in the unlikely event of an issue, we will make corrections only within the scope of the order and bear liability for non-conformity only within this scope. However, our office will not be liable in the following cases:

(a) More than one week has passed since the deliverables of this service were handed over to the user.

(b) The user has used any part of the deliverables of this service.

(c) The user has caused damage or scratches to the deliverables of this service.

3. Requests for repair under the preceding item shall comply with the procedures specified by our office.

 

Article 7 (Termination)

1. Our office may terminate the contract related to the provision of this service, suspend or cancel the use of this site without notice or demand if the user falls under any of the following items:

(a) Unable to contact the user for more than one month.

(b) Service fees are not paid by the payment deadline specified by the service.

(c) The user engages in acts that infringe on third-party copyrights and other intellectual property rights under the Copyright Act, illegal acts, or acts that violate these terms.

(d) It is found that the user presented false content at the time of the contract.

(e) If there is a petition for compulsory execution, bankruptcy, or reorganization.

(f) If our office determines that the user’s request content in this service falls under the following cases:

– Involves child pornography or adult-related content.

– May be subject to criminal charges or violate laws, such as defaming or damaging the honor and credibility of others.

– May infringe on copyrights or trademark rights.

– Other cases where our office determines it violates public order and morals or may cause discomfort to others.

 

Article 8 (Disclaimer)

1. Our office does not guarantee that specific effects or benefits will result from this service or this site.

2. Our office does not guarantee that interruptions, suspensions, terminations, or inability to use the service due to display speed reductions or obstacles caused by excessive access, viruses, or other unforeseen factors will not occur, nor will we compensate if they do occur. Users should use this service and site at their own risk.

3. Except as explicitly stipulated in these terms, our office is not liable for damages arising from the provision of this service to the user or the user’s use of this service.

4. If damages occur to the user due to reasons attributable to our office and the user proves the damages and causality with our office, the scope of compensation by our office shall be limited to the fees paid by the user to our office. Furthermore, due to the nature of this service, future damages are unforeseeable, and we are not liable for compensation for future damages.

5. Our office is not responsible for damages incurred by the user resulting from the use of this service or deliverables, or damages to the user or third parties resulting from the inability to use this service.

6. Our office is not liable for any types of damages (including lost profits, loss of confidential information or other information, business interruption, non-fulfillment of obligations including duty of care, negligence, or other monetary losses, but not limited to these) arising from the user’s inability to obtain expected profits, loss of usage opportunities, business interruptions, or any other damages not specified in the preceding items, even if our office was notified in advance of the possibility of such situations.

7. Our office is not involved in any transactions or disputes between users or between users and third parties when using this service and assumes no responsibility.

8. Our office will endeavor to meet the user’s wishes in the deliverables of this service as much as possible. However, there may be cases where we cannot meet your requests, and the user agrees to this. In such cases, our office assumes no responsibility.

9. Our office is not liable in any way if the performance or delay or impossibility of performance of all or part of this contract arises due to force majeure such as natural disasters, wars, riots, civil disturbances, strikes, or other labor disputes.

 

Article 9 (Intellectual Property Rights, etc.)

1. All rights (ownership, intellectual property rights, portrait rights, publicity rights, etc.) to the content provided by our office in this service and on this site, such as texts, images, videos, programs, and other data (hereinafter referred to as “Content”), belong to our office or third parties holding such rights. Users shall not, by any method, reproduce, copy, reprint, transmit, accumulate, sell, publish, or otherwise use these beyond personal use without permission from our office. However, users may use and reproduce deliverables provided to them within the same project (limited to use in the contracted form). Our office is not responsible for content parts in deliverables over which we have no management rights.

2. Our office does not guarantee that users can register trademarks for this content.

3. Even if users hold intellectual property rights, etc., regarding the content of this service, deliverables, or other service-related content, unless specifically refused, they agree that our office may introduce them as production examples on sites and SNS managed by our office, and no consent fee will be incurred.

 

Article 10 (Prohibited Acts)

1. The following acts are prohibited when using this service. If a user falls under any of them, our office may suspend or delete the user’s qualifications, prohibit further use of this service, and take legal action. We may also claim damages separately if any damages occur.

(a) Acts that violate these terms

(b) Use of the service by minors or others with limited legal capacity without the consent of a legal representative

(c) Registering false personal information

(d) Acts that violate or may violate laws and ordinances

(e) Acts that infringe or may infringe on the intellectual property rights of our office or third parties

(f) Acts that defame, slander, or damage the honor, credit, portrait rights, or other rights of our office or third parties

(g) Posting or transmitting information, files, or software that may contaminate or destroy computers with viruses or worms

(h) Using the service by impersonating other users or third parties (including manipulating parts such as email headers to impersonate)

(i) Commercial activities not aligned with the purpose of the service, use for profit, religious solicitation, acts that hinder operation or provision, or acts that interfere with the operation or provision of the service

(j) Illegally altering or obtaining information entered by other users or third parties

(k) Diverting, selling, or reselling the service without the consent of our office

(l) Other acts that our office deems inappropriate

2. If our office determines that the user has violated or is likely to violate these terms, we may report to the police, file a lawsuit regarding any damages arising from criminal procedures or such, and take other civil procedures.

3. If the user makes statements beyond the scope of this service, uses abusive language, slander, or otherwise violates these terms, our office may suspend the provision of this service.

 

Article 11 (Compensation for Damages, etc.)

If the user intentionally or negligently violates these terms and causes damage to our office, the user must pay compensation for damages to our office.

 

Article 12 (Penalties)

If our office reasonably determines that the user falls under any of the following, we may demand payment of a penalty equivalent to the service fee. In this case, the user is obliged to pay both the service fee and the penalty.

1. If the user cannot be contacted for over 90 days after receiving the provision of this service.

2. If the user infringes on our office’s intellectual property rights, etc.

 

Article 13 (Interruption, Suspension, Change, and Termination of Service)

1. Our office may temporarily interrupt or suspend this service without prior notice or consent to the user if deemed necessary due to the installation of equipment necessary for the operation of this service, system maintenance work, or force majeure such as natural disasters.

2. The service may be partially or entirely terminated at the discretion of our office.

3. Our office is not responsible for any damages incurred by the user in the cases of the preceding two items.

 

Article 14 (Confidentiality)

1. Unless otherwise specified, our office and the user shall not use for purposes other than this service or disclose or leak to third parties any information (hereinafter referred to as “Confidential Information”) obtained from the other party concerning this service.

2. Notwithstanding the provisions of the preceding item, the following information does not fall under Confidential Information:

(a) Information for which prior written consent for disclosure to third parties has been obtained from the information provider.

(b) Information already publicly known at the time of receipt.

(c) Information that became publicly known after receipt without the responsibility of the information receiver.

(d) Information that the information receiver already legitimately possessed at the time of receipt.

3. Notwithstanding the provisions of the preceding two items, the user and our office may disclose the other party’s Confidential Information based on orders, demands, or requests with legal force from laws, courts, or government agencies. However, when such orders, demands, or requests occur, they must promptly notify the other party.

4. The provisions of this article shall survive and apply after the termination of the use of this service.

 

Article 15 (Privacy Policy)

1. Our office collects the following information: name, company/organization name, department, phone number, email address, address, inquiry content, and questions during inquiries about this service.

2. Our office collects information for the following purposes: responding to consultations from users, providing information related to quotation requests and material shipments, providing information (including advertisements) from our office, and contacting and notifying within the service. Please note that if you do not provide personal information, you may not be able to receive the service.

3. Our office stores user information under a strict management system within the legal scope to prevent third parties from accessing it.

4. Our office may delete user information when it deems that the purpose has been achieved and there is no need to store it.

5. This site uses Google’s access analysis tool “Google Analytics.” Google Analytics uses cookies to collect traffic data. This traffic data is collected anonymously and does not identify individuals. You can refuse the collection by disabling cookies, so please check your browser settings. For details on these terms, please check [here](https://marketingplatform.google.com/about/analytics/terms/us/).

 

Article 16 (Exclusion of Anti-Social Forces)

1. Our office and the user represent and warrant that they do not currently and will not in the future fall under any of the following items:

(a) Being an anti-social force.

(b) Having a relationship where anti-social forces are recognized to control management.

(c) Having a relationship where anti-social forces are recognized to be substantially involved in management.

(d) Having a relationship that is recognized as improperly using anti-social forces for the purpose of gaining unjust benefits for oneself or a third party or causing damage to a third party.

(e) Having a relationship that is recognized as providing funds or conveniences to anti-social forces.

(f) An officer or person substantially involved in management has a socially condemnable relationship with anti-social forces.

(g) Engaging in violent demands, threatening behavior, unjust demands beyond legal responsibility, defamation or obstruction of business by spreading rumors or using fraudulent means or force, either by oneself or through a third party.

2. If our office or the user discovers that the other party has violated the representations and warranties of the preceding paragraph and falls under any of the items, they may immediately terminate all contracts related to this service without any notice and may claim compensation for damages suffered.

 

Article 17 (Assignment of Rights and Position)

The user may not assign, sublease, offer as collateral, or otherwise dispose of any rights, obligations, or positions related to this service to any third party without the consent of our office.

 

Article 18 (Governing Court)

Any litigation between our office and the user shall be subject to the exclusive jurisdiction of the court governing the location of our office’s headquarters in the first instance.

 

Article 19 (Governing Law)

The interpretation of these terms shall be governed by the laws of Japan.

 

Established on January 8, 2017