This is an English translation of the Japanese original. If the two differ in meaning, the Japanese version applies.
These Terms of Service (the “Terms”) apply to customers who use “QA Analytics” (the “Service”) provided by WebJobs Inc. (“we”, “us” or “our”).
When you start using the Service, you (the “User”) are deemed to have agreed to these Terms.
Please read these Terms before using the Service.
Overview of the Service
The Service provides a tool for analyzing behavioral data on websites, and support for it.
The Service’s features and plans ( https://quarka.org/plan/ ) include a Free Plan and Paid Plans.
Free Plan
Available by downloading, installing and setting up the WordPress plugin.
Access analytics and behavioral data analysis and measurement are available for sites with up to 10,000 pageviews per month.
Refer-a-Friend Program
For Free Plan accounts, each friend you refer adds 2,000 PV of free capacity, up to a maximum of 40,000 PV. Both the User and the referred friend each receive 2,000 PV of additional capacity for free.
Paid Plans
Available by downloading, installing and setting up the WordPress plugin.
When you choose a Paid Plan, register as a user and complete payment, a license is issued. Activating the license unlocks restricted features and services. Which features and services are unlocked depends on the Paid Plan.
Use of the Service
These Terms apply from the moment the User downloads the WordPress plugin of the Service.
We may refuse use of the Service if we determine that a User falls under any of the following, and we have no obligation to disclose the reason.
- The User has previously violated these Terms or other terms of use set by us
- The application or registration contains false statements or errors
- We otherwise determine that the User is not suitable
Even after we have approved use, we may withdraw our approval if it becomes clear that the User falls under any of the above.
License
Subject to compliance with these Terms, every User is granted a limited, non-transferable, non-sublicensable, non-exclusive right to use the Service and its content in connection with their website.
Under the WordPress license, the User may use or modify the Service’s plugin under the GNU GENERAL PUBLIC LICENSE Ver. 2.0.
- WordPress license: https://wordpress.org/about/license/
- GNU GENERAL PUBLIC LICENSE Ver. 2.0: https://www.gnu.org/licenses/old-licenses/gpl-2.0.html
The User may modify the program, but we do not guarantee how it behaves after modification. Changes to the source code are made at the User’s own responsibility.
Any changes to the source code must comply with the GNU General Public License. Use of this software does not transfer copyright.
User Responsibilities
- The User shall prepare and manage, at their own expense, the computer equipment and environment needed to use the Service. We are not responsible for any interruption of the Service caused by equipment failure or environmental conditions.
- The User is obliged to protect and process the data they collect in accordance with their legal obligations.
- The User must implement appropriate security measures to prevent unauthorized access and data breaches.
Scope of the Service
- The Service is provided to analyze and improve the performance of the User’s website through data analysis. Using the Service for any illegal activity, including copyright infringement, data theft or unauthorized access to systems, is strictly prohibited.
- The User must use the Service in accordance with all applicable laws, these Terms and the documents we provide. This includes responsible management of access credentials and compliance with software license agreements.
- If the User violates these obligations, we reserve the right to take appropriate corrective action, which may include, but is not limited to, suspending or terminating the Service, taking legal action for damages, and cooperating with law enforcement.
- The User agrees to indemnify and hold us harmless from any claims, damages, losses, liabilities and costs arising from or related to a violation of these Terms.
- We reserve the right to change the scope of the Service and the User’s obligations as needed. All changes will be notified to the User through official channels such as email notices or website updates.
User ID, Password and License Key
To use the Paid Plans or the Refer-a-Friend Program, you need to register an email address and password so that a license key can be issued.
The User shall manage and keep their user ID, password and issued license key at their own responsibility, and shall not let any third party use, borrow, receive, buy or sell them.
The User bears responsibility for any damage caused by insufficient management of their user ID, password or license key, and we accept no liability.
Fees
The Paid Plans ( https://quarka.org/#plan-and-pricing ) include several plans that the User can freely choose and change according to their environment.
Paid Plan licenses renew automatically unless the User requests cancellation.
Deactivating or deleting the WordPress plugin does not cancel the plan. The User shall request cancellation from the support site ( https://mem.quarka.org/memberhome/ ).
Paid Plan Users shall pay us the fees we separately set, as consideration for use of the Service, by the method we specify.
If payment is late, the User shall pay late charges at a rate of 14.6% per year.
Fees may change without notice.
Paid Plan Licenses and Notices of Overuse
Paid Plan fees differ by features, support and monthly pageviews.
The Lite, Pro and Enterprise Paid Plans are priced for up to 100,000 PV, up to 300,000 PV, and over 300,000 PV per month, respectively.
Monthly pageviews are shown on the QA admin dashboard.
When the projected monthly pageviews are likely to exceed the plan limit, a warning is shown under “Usage” in the QA admin screen.
Once the pageview limit is exceeded, measurement stops for the rest of the month to protect your server environment. Measurement resumes on the 1st of the following month. To keep measuring, please upgrade to a higher plan ( https://quarka.org/plan/ ) before the limit is reached.
Support Services
The Paid Plans ( https://quarka.org/#plan-and-pricing ) include product support. Support covers only issues caused by QA Analytics.
Under the Individual Support option of the Paid Plans, for a separate fee, we provide onboarding help, site improvement consulting and training, and investigation and isolation of problems that occur only in the customer’s own environment.
For details of what is covered, please see the QA Analytics Support Policy ( https://quarka.org/qa-support-policy/ ). By using the product, you are deemed to have agreed to the Support Policy.
Integration with External Software
The Service includes features that integrate with external software.
The credentials needed to integrate with external software are the accounts, etc. with each external software vendor that the customer uses and manages. The customer’s use of integration features is governed by the terms between the customer and the external software vendor, and the customer shall comply with those terms.
We do not guarantee or support any external software products or services that integrate with the Service.
The customer integrates with external software at their own responsibility. We do not guarantee continued availability of integration features, and when it becomes difficult to provide them — including, but not limited to, when external software ends its integration with external services — we may stop providing them without any right of the customer to a refund or other compensation.
We accept no liability for any damage or loss caused by a third party using account or other credentials.
Cancellation and Suspension of the Service
The Service is a WordPress plugin.
The User can stop using the Service by deactivating or deleting the plugin themselves.
When the plugin is deactivated, a confirmation email is sent to the email address the User registered.
However, deactivating or deleting the plugin does not cancel the Service. To cancel, the User shall submit a cancellation request from the support site ( https://mem.quarka.org/memberhome/ ).
Cancellation is processed within 5 business days of the request. You will not be charged in the next billing cycle.
After cancellation, the Paid Plan license key becomes invalid and the Service switches automatically to the Free Plan. From then on, none of the Paid Plan services can be used.
You may cancel a monthly or annual Paid Plan, but no refunds are given, including prorated refunds.
Our payments and procedures are based on Japan Standard Time. Please note that if payment is taken before you request cancellation because of the time difference, it cannot be refunded.
If payment is not made on the payment date and is still not processed despite our notice, the User is deemed to intend to cancel the Paid Plan. The User’s license is then automatically invalidated, the Paid Plan ends, and we notify the User by email.
Suspension of the Service
If we determine that any of the following applies, we may stop or interrupt all or part of the Service without prior notice to the User, and in such a case we give no guarantee for any lost data.
- Maintenance, inspection or updating of the computer systems for the Service
- Force majeure, such as earthquakes, lightning, fire, power outages or natural disasters, makes it difficult to provide the Service
- Computers or communication lines stop because of an accident
- Changes in the external environment make it impossible to provide the Service
- We otherwise determine that it is difficult to provide the Service
We accept no liability, for any reason, for any disadvantage or damage suffered by users or third parties because the Service was stopped or interrupted.
Data Measured by the Service
The Service provides tools for access analytics and behavioral data analysis on websites, and support for them.
Following the idea of data ownership, we do not believe a single company should monopolize personal data.
With the Service, all of the User’s user data stays on the User’s server, and we cannot see that user information at all.
When the Service’s WordPress plugin is installed on the User’s WordPress and data collection is turned on, JavaScript code for data collection runs and stores data about website visitors’ activity on the User’s server.
The JavaScript code uses a first-party cookie to store a unique identifier that tells whether a visitor is new or returning.
The identifier is randomly generated and contains no personal information.
The data includes the following:
- Browser information
- Operating system information
- Mobile device information (not including the device’s unique ID)
- Information about the pages accessed
- Time of visit
- Sites viewed
- Where on the page the mouse clicked
- How far the mouse scrolled
- Time spent on each page
Notices and Changes to the Service, Plans and Prices
We notify Users of necessary information by posting it on this site ( https://quarka.org/ ), in the User’s WordPress admin screen, and on our related site Web Tantou Tsushin ( https://webtan-tsushin.com/ ).
We reserve the right to change or discontinue any part of the Service, temporarily or permanently, at any time, with or without notice. We are not liable to you or any third party for any change, price change, suspension or discontinuation of the Service.
Personal Information
In providing the Service, we obtain the User’s email address, other information the User enters into input forms we specify, as well as access logs and cookies.
We obtain, manage, keep and use the User’s personal information and personal data in accordance with our Privacy Policy ( https://quarka.org/en/privacy-policy-2/ ).
Ownership of Rights and License to Use
All intellectual property rights relating to the Service and this site belong to us. The license to use the Service does not mean a license to use our intellectual property rights relating to the Service and this site.
Copyright in feedback comment data written by the User is entirely transferred to us at the time the User posts it, and we may use that feedback comment data in our business (including the rights set out in Articles 27 and 28 of the Japanese Copyright Act).
However, we permit the User who wrote the feedback comment data to use it themselves. The User shall not claim or exercise any rights regarding the ownership of that feedback comment data against us or anyone we designate.
Prohibited Acts
In using the Service, the User shall not do, or do anything likely to amount to, any of the following.
- Infringing, or being likely to infringe, intellectual property rights such as copyrights or trademarks of us, other users or any other third party
- Infringing, or being likely to infringe, the property, privacy or publicity rights of others
- Providing the personal information of a specific individual
- One user holding multiple accounts, or multiple people jointly holding one account
- Obtaining an account on behalf of a user whose account has been suspended or invalidated
- Discriminating against or defaming others, or damaging their reputation or credit
- Altering or deleting accessible content or information of the Service, or the content or information of others
- Impersonating us or others
- Sending harmful computer programs, or making them available for others to receive
- Acts that violate the Public Offices Election Act of Japan
- Promotion, advertising, solicitation or sales activity on the Service not approved by us in advance
- Sending others advertising, promotional or solicitation emails, or offensive emails, without permission; interfering with others receiving email; asking others to forward chain emails, or forwarding them in response to such a request
- Placing a load on servers beyond normal use of the Service, or encouraging it; or otherwise interfering with or hindering the operation or provision of the Service or its use by other users
- Distributing information, devices, software, etc. for disabling or bypassing access control features of servers, etc.
- Copying, modifying, reproducing, altering, changing, reverse engineering, disassembling, decompiling, translating or analyzing the features provided by the Service
- Obtaining others’ registration information without their consent or by fraudulent means (including phishing and similar means)
- Using all or part of the Service for commercial purposes, in any way
- Using the Service without completing filings with, or obtaining permits from, supervisory authorities when required by law, or any other act that violates, or is likely to violate, such laws
- Interfering with the operation of the Service, interfering with exchanges or sharing of information led by others, or any act that disadvantages us or others, such as damaging credit or infringing property rights
- Acts that violate laws or these Terms, or public order and morals
- Directly or indirectly causing or facilitating any of the acts above
- Any other act we determine to be inappropriate for a User
Customer Harassment
When contacting support, the User shall not engage in conduct beyond what is socially acceptable (any conduct that we determine falls, or is likely to fall, under the following). If we determine that such conduct has occurred, we may, for any reason, immediately stop support for the User (including, but not limited to, support by email) and all or part of the User’s use of the Service. If we consider the conduct malicious, we will contact the police, lawyers, etc. and take appropriate action.
- Intimidation, threats or menacing behavior
- Remarks that deny the dignity of our employees
- Remarks that insult us or our employees
- Defamation of us or our employees on websites, blogs, social media or elsewhere on the internet
- Invasion of our employees’ privacy
- Demands for services that are excessive by social standards, such as requests beyond the scope of support
- Demands for apologies without reasonable grounds, or demands for the dismissal of our employees
- Tying up our staff for long periods without social necessity, such as excessively repeating the same inquiry or complaint
- Summoning, or demanding to summon, our employees to places other than our offices
- Sexual harassment or any other harassment of our employees
- Any other conduct for which we have reasonable grounds to stop providing support services
If we confirm conduct that falls under the prohibited acts, we may, at our own discretion and without prior notice, take action including deleting the account information the User registered and deleting feedback comment data. The User agrees not to object to any of our actions, including deletion of feedback comment data and of the account information the User registered.
Confidentiality
The User and we shall not disclose or leak to any third party, without the other party’s prior written consent, the other party’s trade secrets, the technology and know-how of the Service, or any other confidential information relating to the Service learned in using or providing the Service, both during and after the provision of the Service.
Severability
Even if any provision of these Terms, or part of one, is held invalid or unlawful in any jurisdiction under the Consumer Contract Act or other laws, the remaining provisions continue in full effect.
Disclaimer
We make no warranty, express or implied, that information obtained through the Service as site access data, heatmaps or behavioral data is complete, accurate, reliable or useful; that it fits any particular purpose of the User; that it meets expected standards; that no problems will occur due to slowdowns or failures of the Service; that every WordPress site can be analyzed; or that it complies with laws, guidelines or industry rules that apply to the User.
We also accept no liability for any damage arising from use of the Service.
We are not involved in communications or activities between Users.
If a dispute or problem arises between Users, or between a User and a third party, in the course of using the Service, we will not be involved, and it shall be resolved at the parties’ own responsibility and expense.
Changes to These Terms
We may change these Terms at any time as needed.
When we change these Terms, we will post a notice on this site ( https://quarka.org/ ), and the changes take effect when posted.
Governing Law, Consultation and Jurisdiction
These Terms are governed by the laws of Japan.
Matters not covered by these Terms, or questions about their interpretation, shall be resolved promptly through consultation.
If litigation between the User and us becomes necessary, the summary court or district court with jurisdiction over our head office location (Chuo-ku, Kobe, Hyogo, Japan) shall have exclusive agreed jurisdiction as the court of first instance.
Established: August 27, 2020
Revised: May 13, 2022 / September 27, 2022 / October 21, 2022 / October 28, 2022 / February 1, 2024 / April 11, 2024 / April 30, 2024 / July 8, 2024