Kamui Terms of Service

Simdy LLC (hereinafter 'the Company') establishes the following terms and conditions for the use of the PaaS 'Kamui' (hereinafter 'the Service') provided by the Company.

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Main Text (General Provisions)

Article 1 (Application)

1. These Terms establish the conditions for using the Service, and Users shall use the Service upon agreeing to these Terms.
2. If there are appendices (Plan-Specific Terms) to these Terms, the appendices shall take precedence over the main text in case of any conflict.

Article 2 (Definitions)

The definitions of terms used in these Terms are as follows:

• 'User': An individual who has registered to use the Service
• 'Project': A project created by a User on the Service (a management unit including Apps and DBs)
• 'App': A static site or web application deployed on the Service
• 'DB': A database that Users can create on the Service
• 'Replica': An execution unit of an App, the number of which can be specified by the User
• 'User Content': Source code, DB data, configuration information, etc. that Users upload, store, or configure on the Service
• 'Pricing Page': The Company's page that displays free tier, usage fees, billing targets, calculation methods, and other conditions for each plan
• 'Plan': Usage categories defined on the Pricing Page (Free Plan, Cloud Plan, etc.)

Article 3 (Usage Conditions (Age))

Use of the Service is limited to those 18 years of age or older.

Article 4 (Registration and Account)

1. Registration is done through GitHub OAuth.
2. Users shall manage their accounts and authentication credentials (including API keys) at their own responsibility. The Company shall not be liable for any damages incurred by Users due to unauthorized use by third parties, except in cases of intentional misconduct or gross negligence by the Company.
3. Credit card registration through the Company's designated method is required to create a Project.

Article 5 (Provision of the Service)

1. The Service provides server environments for applications, and Users can deploy Apps by providing source code.
2. Users can create Projects on the Service and create Apps and DBs within Projects.
3. Users can specify the number of replicas for Apps. However, upper limits and restrictions (quotas, etc.) are defined in Plan-Specific Terms or the management console.
4. The Company may change the specifications and features of the Service.

Article 6 (Status of Pricing Page and Plans)

1. The Pricing Page constitutes part of these Terms.
2. Free tier, usage fees, billing targets, calculation methods, and conditions for each plan shall follow the Pricing Page and Plan-Specific Terms, unless otherwise specified in the main text.

Article 7 (Billing and Payment (General))

1. Usage fees are billed in USD (US Dollars). Exchange rates, fees, settlement dates, etc. by card companies or payment processors are outside the Company's control, and Users shall bear these costs.
2. If payment is not completed, the Company may suspend all or part of the Service until the unpaid amount is resolved.

Article 8 (User Content and Rights)

1. Users warrant that they have the necessary rights to User Content.
2. The Company may use User Content to the extent necessary for providing and operating the Service (hosting, execution, distribution, incident response, security response, etc.).
3. Users are responsible for handling matters related to their Apps/Content and their users (end users), including necessary disclosures, inquiry responses, and rights infringement responses.

Article 9 (API Keys)

1. The Company provides functionality to issue API keys.
2. Users shall bear any damages arising from leakage of API keys, except in cases of intentional misconduct or gross negligence by the Company.
3. Users can revoke API keys through the Service's functionality.

Article 10 (Prohibited Activities)

Users shall not engage in the following activities:

• Violations of laws or criminal acts (including acts that promote such activities)
• Infringement of the Company's or third parties' rights (copyright, trademark, privacy, etc.)
• Handling of content related to child sexual exploitation
• Malware distribution, DDoS attacks, unauthorized access, excessive load, abuse of vulnerability scanning, etc.
• Cryptocurrency mining or other use of computing resources deemed inappropriate by the Company
• Other acts that the Company determines to interfere with the safe and continuous provision of the Service

Article 11 (Suspension, Interruption, and Maintenance)

1. The Company may conduct planned outages (maintenance) with prior notice.
2. The Service may be suspended or interrupted without notice due to failures, force majeure, third-party attacks, etc.

Article 12 (Service Suspension and Termination)

The Company may suspend all or part of the Service, suspend or delete Projects/Apps/DBs, or terminate the usage agreement without prior notice to Users (or with a reasonable period if not urgent) in the following cases:

• Violation of these Terms
• Non-payment of fees
• Security emergencies
• Legal compliance or prevention of third-party harm
• Other cases deemed necessary by the Company

Article 13 (Withdrawal and Deletion)

The timing of data deletion after withdrawal and other conditions are defined in Plan-Specific Terms.

Article 14 (Disclaimer and Limitation of Liability)

1. The Company does not warrant that the Service will always be available, uninterrupted, or free of defects.
2. Even if the Company is liable, except in cases of intentional misconduct or gross negligence, the Company's liability is limited to direct and ordinary damages.
3. The upper limit of the Company's liability for damages is the total amount paid by the User to the Company in the 30 days immediately preceding the date of damage occurrence.
4. This article applies to the extent permitted by the Consumer Contract Act and other applicable laws.

Article 15 (Changes to Terms)

When the Company changes these Terms, it will notify Users through the management console or the Company's website. If Users continue to use the Service after notification, they are deemed to have agreed to the revised Terms.

Article 16 (Governing Law and Jurisdiction)

These Terms are governed by Japanese law, and in case of disputes related to the Service, the Tokyo District Court shall be the exclusive court of first instance.

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Appendix 1: Free Plan Terms

Article 1 (Free Tier)

The contents of the Free Plan's free tier are defined on the Pricing Page.

Article 2 (Exceeding Free Tier and Billing Start)

1. If a User exceeds the free tier, usage fees will be incurred from the moment the excess occurs, and automatic billing will apply.
2. Billable time (wall clock) is measured as the elapsed time from when a billable resource (as defined on the Pricing Page) is created (or enabled) until it is deleted (or disabled).
3. If a User returns within the free tier, billing will stop from that point onward.

Article 3 (Calculation Method (30 days = 43,200 minutes, per-minute basis))

1. Usage fees are calculated based on the full monthly rate defined on the Pricing Page, with '30 days (43,200 minutes) as the full amount', prorated on a per-minute basis (which may not align with calendar months).
2. If there is a fraction of less than 1 minute in usage time, it is rounded up to 1 minute.
3. Usage fees (calculated amounts) are calculated to 2 decimal places, with amounts beyond the 2nd decimal place rounded up.

Article 4 (Logs)

1. The logs collected by the Company are App logs and Deploy logs.
2. Log retention periods are as follows:
   • App logs: 14 days or 1000 lines, whichever comes first
   • Deploy logs: 14 days
3. Users agree that logs may be deleted due to retention period and line count limits.

Article 5 (Backup)

The Company does not perform backups and does not guarantee restoration. Users shall perform necessary backups at their own responsibility.

Article 6 (Deletion and Export After Withdrawal)

1. The Company will delete User Content 1 month after withdrawal.
2. Currently, no User Content export functionality is provided.

Article 7 (SLA (Free))

The uptime target (SLA target) for the Free Plan is 90%, and the scope, calculation method, etc. are separately defined by the Company.