Terms of Service

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Last updated on July 8, 2024

By checking the acceptance box or installing or using all or any portion of QA Analytics Software, You agree that You have read, understood and are bound by this Agreement. Unfortunately, if You do not agree to this agreement, We are unable to provide Our Software to You.

Please read these Terms of Service, the Privacy Policy.

These Terms and Conditions, the Privacy Policy appearing in languages other than Japanese are translations provided for convenience only. In the event of any ambiguity or inconsistency between translations, the Japanese version shall be considered the official version and shall prevail.

These Terms of Service (“Terms”) apply to customers who use “QA Analytics” (the “Service”, “Software”) provided by WebJobs, Inc.(“We”, “Us” and “Our”).

When You begin using the Service, We consider You (“User”) to have agreed to these Terms of Service.

Please be sure to confirm the contents of these Terms and Conditions before using the Service.

QA Analytics Software Products

This Service offers a comprehensive suite of behavioral data analysis software and support designed to enhance your website’s performance. We provide a variety of plans to suit the diverse needs of our users, from a free introductory plan to advanced subscription options based on monthly page views (PV).

Free Plan and Subscription Plans Overview

Free Plan (Up to 10,000 PVs per month): Our introductory offer allows you to enjoy the basic functionalities of our analytics software without any cost. This plan includes automatic data collection and event tracking without the need for manual tag setting. Users can perform access analysis and behavioral data analysis across the entire site, making it a perfect starting point for small websites looking to understand their traffic better.
- Friend Referral Program: For accounts on the free plan, you’ll gain an additional 2,000 PV of free capacity for every friend you refer, up to a maximum of 40,000 PV. Your referred friends will also receive 2,000 PV of extra capacity at no cost.
Light Subscription Plan (Up to 100,000 PVs per month): Designed for growing sites that require more in-depth analytics and support. This plan offers enhanced data collection capabilities and additional analytical tools to help you gain deeper insights into your website’s performance.
Pro Subscription Plan (Up to 300,000 PVs per month): Tailored for high-traffic sites needing comprehensive analytics solutions. It includes all the features of the Light Plan, along with more sophisticated analysis tools and priority support to ensure your site’s optimal performance.
Enterprise Subscription Plan (300,000+ PVs per month): Our top-tier plan offers unlimited access to all our analytics tools and features, designed for large-scale websites with extensive data analysis needs. Premium support and customized solutions are included to cater to your specific requirements.

General Terms of Use

The applicable Terms and Conditions come into effect upon the user downloading and activating the WordPress plugin for the Service.
We reserve the right to refuse service if a user:
- Violates these Terms of Service or any other usage terms we have established.
- Provides false or misleading information in their application or registration.
- Is deemed unsuitable for the Service for any other reason deemed reasonable by us.
Following approval, we may revoke consent and access to the Service if any violations are discovered.
All users are granted a limited, non-transferable, non-sublicensable, non-exclusive right to use the Service and Content in connection with their website, subject to adherence to these Terms.

Licensing and Modifications

Unless otherwise specified, QA Analytics plugins are licensed under the GNU General Public License version 2.0 or later.
Users may modify the program, but we do not guarantee functionality after modifications. Any alterations to the source code are made at the user’s risk.
Compliance with the GNU General Public License terms is required when modifying the source code. No copyrights are assigned through the use of this Software.

User Responsibilities

Users must prepare and manage at their own expense the necessary computer equipment and environment to use this Service. We will not be liable for any service disruptions caused by equipment failures or environmental conditions.
Users are obligated to protect and process the data they collect in accordance with their legal obligations.
Users must implement appropriate security measures to prevent unauthorized access and data breaches.

Scope of Service, User Obligations, and Remedies for Breach

This Service is provided for the purpose of analyzing and enhancing the performance of users’ websites through data analysis. The use of the Service for any illegal activities, including but not limited to copyright infringement, data theft, and unauthorized access to systems, is strictly prohibited.
Users are obligated to use the Service in accordance with all applicable laws, these Terms of Service, and any documentation provided by the company. This includes the responsible management of access credentials and compliance with software licensing agreements.
In the event of a user’s breach of these obligations, the company reserves the right to take appropriate remedial actions. This may include, but is not limited to, suspension or termination of the Service, legal action to recover damages, and cooperation with law enforcement agencies.
Users agree to indemnify and hold the company harmless from any claims, damages, losses, liabilities, and expenses arising out of or related to their breach of these Terms of Service.
The company reserves the right to modify the scope of the Service and the user obligations as necessary. Any changes will be communicated to users through official channels, including email notifications and updates to our website.

Account Registration and Passwords, License Key

When using the ” Subscription Plan ” and ” Friend Referral Program ” of this Service, You are required to register an e-mail address and password for the issuance of a license key.

You shall manage and keep their user ID, password, and issued license key at their own responsibility, and shall not use, lend, transfer, sell, or otherwise dispose of them to any third party.

You shall be responsible for any damage caused by inadequate management of the user ID, password, and license key, and We shall not be liable for any such damage.

Payment, Refunds, Upgrading and Downgrading

Payment

The “Subscription Plan” ( https://quarka.org/en/ ) include several plans that You can freely select and change depending on their environment. Service fees for “Subscription Plan” vary depending on the functionality, support, and monthly PV.

The “Subscription Plan” will not be billed for the first 14 days following purchase. Billing will commence after this period, with payments due monthly or annually via credit card for monthly and annual subscription plans, respectively. Subscriptions are automatically renewed at the end of each billing cycle.

Payment Services

The payment processing services for goods and services purchased on this service are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Terms of Service and Privacy Policy. By using our service to make purchases, you agree to be bound by Stripe’s Terms of Service and Privacy Policy, which you acknowledge having read and understood.
Users of our service must comply with the terms and conditions, privacy policies, and all other guidelines or policies associated with Stripe’s services. The terms and conditions and privacy policy for Stripe services are available on the Stripe website.
Our company assumes no responsibility or liability for the operations or services provided by Stripe. Any issues, defects, or disputes regarding payment processing are solely the responsibility of Stripe, and our company does not warrant or guarantee the availability, reliability, or security of Stripe’s payment services.
In the event of any disputes or issues arising from the use of Stripe’s payment services, users should directly contact Stripe to seek resolution. Our company will not mediate or intervene in disputes between users and Stripe.

Cancellation and Termination

QA Analytics is a WordPress plugin.

You can stop using this Service by deactivating or deleting the plugin yourself.When You stop the plugin, a confirmation e-mail will be sent to your registered e-mail address.

However, deactivation or deletion of the plugins is not a cancellation of the Subscription Plan. To cancel a Subscription Plan, a cancellation request must be made through Our Support site ( https://mem.quarka.org/en/memberhome/ ).

In addition, We may suspend or discontinue all or part of the Service without prior notice to Users for any of the following reasons, and in such cases, We shall not guarantee any data that is missing.

In the event of maintenance, inspection, or updating of the computer system related to this Service
When the provision of this Service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster.
When computers or communication lines, etc. are shut down due to an accident
When the provision of this Service becomes impossible due to changes in the external environment
In any other cases in which We deem it difficult to provide the Service.

We shall not be liable for any disadvantage or damage incurred by the user or a third party due to the suspension or interruption of the provision of this service, regardless of the reason.

Cancellation Policy

You may cancel QA Analytics Service at any time through Our Support Site.

We will process your cancellation within 5 business days from the date of your request. You will no longer be billed for the next billing cycle.

After the cancellation procedure, your Subscription Plan’s license key will be invalidated and the service will automatically switch to the Free Plan. Thereafter, You will not be able to use all services of the Subscription Plan.

You may cancel your monthly or annual subscription, but no refunds will be issued, including refunds based on pro-rata payments, etc.

The settlement and the procedures we carry out are based on Japan time. Please note that even if the payment is made prior to your request for cancellation procedures due to time differences, you will not be eligible for a refund.

Failure to Process Payment

In the event that a payment fails to process, Stripe will attempt to notify the user via email multiple times over a 14-day period from the original payment due date. Should the user fail to respond to Stripe’s notifications and rectify the payment within this period, it will be considered an intention to terminate the subscription. Consequently, the user’s license will be automatically invalidated, and the subscription plan will be terminated.

Users are strongly encouraged to ensure that their payment information is kept up-to-date to avoid any service disruptions. Failure to maintain current payment information or resolve payment issues may result in the suspension or termination of services without further notice.

Upgrading and Downgrading

monthly PVs

Subscription Plans vary depending on the number of monthly PVs: “up to 100,000 PVs,” “100,000 to 300,000 PVs,” and “300,000 PVs or more.

The forecast of monthly PV is displayed on the QA Analytics dashboard of the WordPress administration screen. When the monthly PV is about to exceed 100,000 PV, a warning will be displayed in the dashboard “Usage Status”.

When the monthly PV exceeds 100,000, measurement will be stopped for safety reasons in consideration of the client’s server environment. Measurement will resume on the 1st of the following month. In order to continue measurement, we ask you to upgrade to the “100,000 to 300,000 PV” plan ( https://quarka.org/en/ ) when you are about to exceed 100,000 PV per month.

Annual Subscription

You may upgrade your plan during the term of your annual subscription. After the upgrade is processed, the upgraded plan will be available from the beginning of the current month. We will charge the difference between the two plans for the remaining months until the end of the annual subscription by credit card payment in the following month.

You may not downgrade your plan or change to monthly payment during the term of your annual subscription. Downgrading plans or changing to monthly payment can be done at the time of annual subscription renewal.

Support Service

The “Subscription Plan” ( https://quarka.org/en/ ) includes product support. However, the scope of support provided is limited to the part of the problem that is caused by QA Analytics.

We offer a separate paid support service that includes initial implementation support, site improvement consulting and training, and trouble-shooting and problem isolation for problems that occur only in your specific environment.

We also have a special “Agent Program” for Users who operate and maintain multiple domains, which includes a dedicated QA Analytics User consultation service and volume discount support.

Integrate with Third-Party Software

QA Analytics Software contains features designed to interoperate with Third-Party Software.

The authentication information required when You interoperate with Third-Party software is the account, etc. of each Third-Party vendor managed by You. Your use of the Third Party Software and Interoperability is subject to the Terms of Service between You and the Third- Party Software Vendor, and You must comply with those Terms.

We do not endorse or support any third party software products or services that interoperate with the Service.

You interoperate with Third Party Software at your own risk. We do not guarantee continuous availability of the interoperability features with the Third Party Software, and if We are unable to provide the Linked Functionality Service, such as (but not limited to) if the Third Party Software discontinues the connection linkage, We may discontinue providing the Service without entitling You to any refund or other compensation. We reserve the right to discontinue the provision of the linked function services without entitling You to any refund or other compensation.

We shall not be liable for any damage or loss caused by the use of your account or other authentication information by a third party.

Data Ownership

This Service provides website analysis and behavioral data analysis Software and support for Your website.

We follow the concept of data ownership and do not allow one company to monopolize personal data.

In this Service, all of your user data is on your server, and We do not have access to any of your user information.

Once the WordPress plugin for the Service is installed in your WordPress and You instruct WordPress to begin data collection, the JavaScript code for data collection is activated and data regarding website visitor activity is stored on your server.

The JavaScript code uses a first-party cookie to store a unique identifier to determine whether a visitor is a new or returning visitor. The identifier is randomly generated and contains no personal information. The information contained in this data is as follows.

Browser Information
Information about the operating system
Information about the mobile device (not including the device’s unique ID)
Information about pages accessed
Time of visit
Sites viewed
Location on the web page where the mouse clicked
Location on the web page scrolled by mouse
Time spent on the web page

Modifications to the Service and Prices

We will notify Users of the necessary information on Our site ( https://quarka.org/en/ ) and on the User’s WordPress administration screen and on social networking sites. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Privacy Policy

In order to provide this Service, We collect the User’s e-mail address and other information that the User enters into the input form specified by Us, as well as access logs and cookies.

Personal information and Personal Data of Users held by Us will be acquired, managed, retained, and used in accordance with Our Privacy Policy ( https://quarka.org/en/privacy-policy ).

Data Protection and Privacy

Our company is committed to protecting the privacy and security of our users’ data. We shall adhere to all applicable data protection laws, including but not limited to GDPR, ensuring the lawful collection, use, and safeguarding of personal information.
Users must ensure that any data collected through the use of the Service is handled securely and in compliance with all relevant data protection regulations. Users are responsible for implementing appropriate technical and organizational measures to protect data privacy.
Any breach of data protection obligations that leads to unauthorized access, use, disclosure, alteration, or destruction of personal information will be promptly reported to the relevant authorities and affected individuals, as required by law.
Our company reserves the right to update this data protection and privacy clause as necessary to remain compliant with legal standards and best practices. Users will be notified of any significant changes.
We have appointed a Data Protection Officer (DPO) to address inquiries and concerns related to data protection. The contact information for the DPO is listed in our Privacy Policy.

Permitted Use; Intellectual Property Rights

The Service is based in Japan. If You use the Service outside of Japan, You are responsible for compliance with all local laws. The Service and all photos, information, graphics, text, images, sounds, and other materials (including metadata) that are provided to You through the Service are owned by Us and its licensors.

You agree that if You provide Us any suggestions, comments, or other feedback about the Service, the feedback is given voluntarily and We are free to use, disclose, reproduce, distribute, and otherwise exploit the feedback without any obligations or restrictions of any kind.

We and licensors own all right, title, and interest (including intellectual property rights) in the Service and the Content and reserve all rights not expressly granted to You in these Terms. The Service and the Content are protected by copyright and other intellectual property laws.

In using the Service, You shall not engage in any of the following acts or acts that could be construed as corresponding to any of the following.

Actions that infringe or may infringe the copyrights, trademarks, or other intellectual property rights of Us, other Users, or other third parties.
Actions that infringe or may infringe the property, privacy, or portrait rights of others.
Provision of Personal Data of a specific individual
Holding multiple accounts by a single User or jointly holding a single account with multiple Users.
Obtaining an account in place of a User whose account has been suspended or deactivated.
Discriminating or defaming others, or defaming the reputation or credibility of others.
Alteration or deletion of accessible contents or information of the Service or contents or information of others.
Impersonating Us or others.
Transmitting harmful computer programs, etc., or making them available for others to receive.
Violating the Public Offices Election Law
Advertising, publicity, solicitation, or sales activities on the Service that are not authorized in advance by Us.
Sending e-mail that advertises, promotes, solicits, etc., or is objectionable to others without permission, obstructing the reception of e-mail by others, requesting the forwarding of chain mail, or forwarding e-mail in response to such requests.
Actions that overload the server beyond the act of using this Service, or actions that encourage such overloading, or other actions that interfere with or impede the operation or provision of this Service, or the use of this service by other Users.
Distribution of information, equipment, software, etc. to disable or circumvent the access control functions of servers, etc.
Acts of reproducing, modifying, reprinting, altering, modifying, reverse engineering, disassembling, decompiling, translating, or analyzing the functions provided by the Service.
Obtaining another person’s registration information without the person’s consent or by fraudulent means (including so-called phishing and similar means). Obtaining the registration information of others through fraudulent means (including so-called phishing and similar means) without the consent of the individual concerned.
Use of the Service, in whole or in part, for commercial purposes, regardless of the method of use.
Acts of using the Service without following procedures required by law, such as notification to regulatory authorities, acquisition of permits and approvals, or other acts that violate or may violate such laws and regulations.
Acts that obstruct the operation of the Service, acts that interfere with the exchange or sharing of information initiated by others, acts that cause disadvantage to Us or others such as damage to reputation or infringement of property rights, etc.
Acts that violate laws and regulations or these Terms of Service, or that offend public order and morals
Actions that directly or indirectly cause or facilitate any of the aforementioned actions.
Any other acts that We deems inappropriate as a User.

Confidential Information

Neither the User nor We shall disclose or divulge to any third party any trade secrets of the other party, technology or know-how of the Service, or any other confidential information related to the Service, which the User and We have learned in the course of using or providing the Service, without the prior written consent of the other party, both during the provision of the Service and after the termination of the Service.

General Conditions

If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected in any way. The parties hereto shall negotiate in good faith to replace the invalid or unenforceable provision by a provision closest possible to the original intent of the invalid or unenforceable provision.
We do not warrant, expressly or impliedly, that the information obtained as website access data, heatmaps, and behavioral data through the use of this Service is complete, accurate, reliable, useful, etc.; that it is fit for the specific purpose of the user; that it meets the expected level; that it will not cause a slowdown in the operation speed of this Service or failures due to malfunctions, etc.; that it can analyze all WordPress sites; or that it conforms to laws, guidelines, or internal regulations of industry groups applicable to the user. We make no warranty, either express or implied, that the service will not cause any slowdown or failure, that it will not cause any problems, that it can analyze any WordPress site, or that it will conform to any laws, guidelines, or internal rules of any industry organization applicable to the User.
We will not be liable for any damages whatsoever arising from the use of this Service.
We will not be involved in communications or activities between Users. If any dispute or problem arises between Users or between a User and a third party in the course of using the Service, We shall not be involved in any way and shall resolve the dispute or problem at the User’s own responsibility and expense.
We reserve the right to change these Terms of Service at any time and at its discretion. Any changes to these Terms and Conditions will be posted on the site ( https://quarka.org/en/terms ) and will become effective at the time they are posted.
This Agreement shall be governed by the laws of Japan, and the courts of Japan shall have exclusive jurisdiction to hear and determine all issues that may arise under or in relation to this Agreement.