Terms of Use

Japanese / English

Date of enactment: June 9, 2025
Last revised: June 9, 2025

These terms and conditions stipulate the terms of use for "Genegram" (hereinafter referred to as "this service") provided by BYPUSH Inc. (hereinafter referred to as "our company"). Please read the entire text of these terms and conditions when using this service.

Article 1 (Application)

  1. These Terms apply to the terms of use of this Service and all relationships between our company and users regarding the use of this Service.
  2. Guidelines, policies, and individual provisions (hereinafter referred to as "Individual Provisions") posted by the Company on the Service or on its website from time to time constitute part of these Terms of Use. In the event that the Individual Provisions conflict with these Terms of Use, the order of priority shall be Meta's policies > Individual Provisions > these Terms of Use.

Article 2 (Definition)

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

  1. "User": An individual or legal entity who agrees to these Terms and Conditions and uses the Service.
  2. "Account": Identification information issued by our company for use of the Service.
  3. "External Services": Services provided by third parties other than our company, such as Instagram.
  4. "User Data": Any information, including personal information, such as a user's Instagram account information, posting data, insight data, etc. obtained through the official Meta API.
  5. "Content": text, images, videos, links and other information.

Article 3 (User Registration)

  1. Anyone who wishes to use this service (hereinafter referred to as the "Applicant") must agree to these Terms and our Privacy Policy and apply for user registration in the manner specified by our company.
  2. We will screen the applicant to ensure that they are not violating Meta's policies, and if we approve their use, we will grant them an account. This will establish a service agreement.
  3. We are under no obligation to disclose the screening criteria or reasons for rejection.

Article 4 (Usage Fees and Payment Methods)

  1. The usage fees, billing system and payment methods will be determined separately by our company and displayed on our website or administration screen.
  2. If the User fails to pay the fee by the due date, the User shall bear late payment charges at the rate of 14% per annum.

Article 5 (Account and Password Management)

  1. Users must manage their account information at their own risk and must not lend, transfer or share their account information with third parties.
  2. We are not responsible for any losses caused by unauthorized use of your account.
  3. Once the service fee has been paid, refunds will not be available for any reason, except as set forth below.
    1. When the Company has defaulted on its obligations or committed a tort due to its willful or gross negligence

Article 6 (Prohibited matters)

When using this service, Users are prohibited from engaging in the following acts.

  1. Actions that violate laws, regulations, or public order and morals
  2. Any act that violates Meta's platform terms of use, developer policies, or other similar guidelines
  3. Any act that infringes the rights of our company, Meta or any third party.
  4. Sharing, selling, or transferring login credentials or access tokens to third parties
  5. Storing, using, or providing user data obtained through the official Meta API beyond the scope of these Terms of Use or Meta's authorization.
  6. Any other conduct that we or Meta deem inappropriate

Article 7 (Suspension of provision of the Service, etc.)

  1. We may suspend or interrupt all or part of the Service without prior notice if any of the following circumstances apply:
    1. When performing system maintenance, inspection, and updates
    2. In the event of a fire, power outage, natural disaster, or other force majeure event
    3. If it becomes difficult to continue providing the Service due to changes in specifications, suspension of service, access restrictions, etc. of the Meta Official API
    4. Any other reason that the Company deems it necessary to suspend the service
  2. We shall not be liable for any damages incurred by the user as a result of any measures taken pursuant to this Article.

Article 8 (Restrictions on Use and Cancellation of Registration)

  1. If we determine that a User falls under any of the following items, we reserve the right to take necessary measures, such as restricting the use of the User's account or canceling the account without prior notice.
    1. If you violate these Terms or Meta's policies
    2. If it is discovered that the registration information is false
    3. If a petition for suspension of payments or commencement of bankruptcy proceedings is filed
    4. Any other reason that the Company deems it inappropriate to continue using the service
  2. We shall not be liable for any damages arising from any measures taken pursuant to this Article.

Article 9 (Withdrawal)

  1. Users may cancel their membership by following the procedures specified by the Company. Upon cancellation, access to the Service will be immediately suspended, the Company will invalidate the access token obtained through the official Meta API, and delete the User data in accordance with these Terms and "Article 20".
  2. Any fees incurred prior to cancellation will not be discharged.

Article 10 (Intellectual Property Rights)

  1. Intellectual property rights relating to this Service and related software belong to our company or the rights holder.
  2. Meta, Instagram and the logo are trademarks or registered trademarks of Meta, Inc. This service is not endorsed, affiliated or sponsored by Meta, Inc.

Article 11 (Disclaimer of Warranties and Indemnification)

  1. The Company does not guarantee the suitability, accuracy, or continuity of the Service for a particular purpose of the User.
  2. We shall not be liable if the Service is not available due to changes or restrictions on the Meta Official API.
  3. We are not responsible for any disputes that arise between users or between users and third parties in connection with the use of this service.

Article 12 (Changes and Termination of Service Content)

  1. We may change or terminate all or part of the Service by providing prior notice to Users.
  2. We shall not be liable for any damages incurred by users as a result of changes or termination of the service.

Article 13 (Changes to Terms of Use)

  1. The Company reserves the right to change these Terms as necessary. Any changes will be posted on the Service or made public by any other method that the Company deems appropriate, and will come into effect from the date of posting.
  2. If a user uses the Service after the changes have been made, the user will be deemed to have agreed to the revised terms.

Article 14 (Handling of Personal Information)

We will handle personal information obtained through the use of this service appropriately in accordance with the Privacy Policy and Meta's Data Protection Addendum.

Article 15 (Notice or Contact)

Notifications from the Company to the User will be sent to the email address registered by the User, posted on the administration screen, or sent in any other manner that the Company deems appropriate.

Article 16 (Prohibition of Transfer of Rights and Obligations)

Users may not transfer their status or rights and obligations under these Terms to a third party without our prior written consent.

Article 17 (Severability)

If any provision of these Terms is found to be invalid, the remaining provisions will remain in full force and effect.

Article 18 (Governing Law and Jurisdiction)

  1. These Terms and Conditions are governed by Japanese law.
  2. Any disputes arising between the Company and users in relation to this service shall be submitted to the Sapporo District Court or the Sapporo Summary Court as the court of first instance with exclusive jurisdiction.

Article 19 (Special Provisions for Meta Platform)

  1. We and our users will comply with Meta's platform Terms of Use, Developer Policy, Data Protection Addendum and other related guidelines (hereinafter referred to as the "Meta Policies").
  2. Users shall use User Data obtained through the official Meta API only within the scope of the purpose of providing the functions of this Service, and shall not provide or share it with third parties in any manner other than that permitted by the Meta Policy.
  3. You can revoke our app's access permissions and request data deletion at any time by going to your Instagram settings.
  4. We may revise these Terms or suspend or change their functions in response to revisions to the Meta policy or other requests from Meta.

Article 20 (Procedure for Deletion of User Data)

  1. If a User (i) cancels their membership to the Service, (ii) disconnects the Genegram app on Instagram, or (iii) requests the deletion of individual data, the Company will delete or anonymize the User Data acquired and stored through the Meta Official API within a reasonable period of time (in principle, within 30 days), except for information that is required to be stored by law.
  2. Users may make additional data deletion requests by sending an email to serviceadmin@by-push.com.
  3. Once we have completed the deletion, your Instagram account will no longer be accessible via the API.