Terms of Service
These Terms of Service (hereinafter referred to as "these Terms") shall apply solely to users residing in regions other than the European Economic Area (EEA), the United Kingdom, and Switzerland (hereinafter referred to as "Users").
These Terms apply only to Users who are 18 years of age or older. The Company does not intend to provide the Services to persons under the age of 18, nor does it knowingly collect personal data from such individuals. In the unlikely event that it is discovered that a person under the age of 18 has been mistakenly registered, please contact the Company immediately.
These Terms set forth the types of personal data handled by the Company, the methods of acquisition, the purposes of use, and the related rights and obligations in connection with the User's use of this application and its related websites and other services provided by the Company (collectively, the "Services").
Article 1 (Purpose and Scope)
The purpose of these Terms is to set forth the fundamental matters concerning the use of the service "Kocoro" (hereinafter referred to as the "Service") provided and operated by PTMIND Inc. (hereinafter referred to as the "Company") between the Company and persons who use the Service (hereinafter referred to as "Users"). These Terms shall apply to all relationships between the Company and Users concerning the use of the Service (regardless of the type of device, such as personal computers or mobile devices, and regardless of the type of platform, operating system, etc., such as websites or smartphone applications).
In the event that the Company establishes individual provisions, guidelines, additional provisions, etc. (hereinafter referred to as "Individual Provisions, etc.") concerning the Service on the Company's website, on the screen of the Service, or in writing, such Individual Provisions, etc. shall constitute a part of these Terms. In the event of any conflict between the content of such Individual Provisions, etc. and the provisions of these Terms, the Individual Provisions, etc. shall prevail.
In the event of any discrepancy between the content of these Terms and any descriptions, etc. of the Service presented by the Company outside of these Terms, the provisions of these Terms shall prevail, regardless of such descriptions.
Article 2 (Definitions)
Unless otherwise specified, the terms used in these Terms are defined as follows:
"Applicant" means a corporation, organization, or individual who wishes to use the Service.
"User Registration" means an application for use of the Service made by an Applicant in accordance with the procedures set forth in Article 3.
"Registration Information" means the name, contact information, User ID and password, and other information designated by the Company that an Applicant or User registers by the method prescribed by the Company at the time of User Registration, information that the Company requests for registration during the use of the Service, and information that has been added or modified by the User.
"Account" means the qualification to use the Service, which is registered and issued by the Company to identify a User.
"Company Website" means the website operated by the Company with the domain name related to "kocoro.ai" or "ptmind.com/kocoro", including any subsequent website to which the domain or content may be changed.
"Paid Services" means functions, resources, or service plans (e.g., premium features, advanced usage limits, Enterprise Spaces, etc.) within the Service that become available to a User upon payment of usage fees or other consideration to the Company.
"Enterprise Space" means a feature of the Service that allows a company or organization to create and manage a shared work environment, in which an administrator can manage User accounts and access permissions.
"Intellectual Property Rights" means copyrights, patent rights, utility model rights, trademark rights, design rights, trade secrets, and any other intellectual property rights in any jurisdiction, including the rights to acquire or register for these rights.
"Anti-Social Forces, etc." means an individual or entity falling under any of the following:
An organized crime group ("boryokudan") as defined in Article 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members, and its related organizations.
A member of an organized crime group as described in the preceding item, a person who has ceased to be a member of an organized crime group for less than five (5) years, or a member of its related organizations.
An organization or individual such as a "sokaiya" (corporate racketeer), "shakai-undo-hyobo-goro" (extortionist feigning social or political activism), "seiji-katsudo-hyobo-goro" (extortionist feigning political activism), or "tokushu-chino-boryoku-shudan" (specialized intellectual violence group).
An organization or individual that pursues economic interests by making violent demands or undue demands exceeding legal responsibilities, using violence, force, or fraudulent methods, in addition to any of the preceding items.
An organization or individual that pursues economic interests by making undue demands while suggesting some form of relationship with any of the organizations, their members, or individuals described in the preceding items.
Any other person or entity similar to those described in the preceding items.
"Third-Party Services" means software, products, or services provided by third parties that are integrated or linked with the Service (e.g., providers of underlying AI models).
Article 3 (Registration and Access)
An Applicant may apply for User Registration for the Service by agreeing to all provisions of these Terms and providing accurate and complete Registration Information to the Company in accordance with the method specified by the Company.
The Company shall determine whether to approve the User Registration of an Applicant based on its own criteria. If the Company approves the registration, it shall notify the Applicant to that effect by a system notification, email, or other means. The User Registration of the Applicant shall be completed at the earlier of the time when login becomes possible through the system or the time when the Company sends the notification. Upon completion of the registration, the Company shall grant the Applicant a User ID and password. A service agreement concerning the use of the Service (hereinafter referred to as the "Service Agreement") shall be established between the User and the Company in accordance with the provisions of these Terms at the time the User Registration is completed.
If a User creates an Account or uses the Service on behalf of another individual or legal entity, the User warrants that they have the legitimate authority to represent said individual or legal entity.
If a User creates an Account using an email address belonging to a specific corporation or other organization, that Account may be automatically or manually added to an Enterprise Space established by that organization within the Service. In such cases, the Company or an administrator of that organization may request the User's cooperation regarding account linkage, and the User shall respond to such requests in good faith. The Company shall not be liable for any damages incurred by the User or the said organization due to failure to comply with such a request for cooperation.
The Company may, if it reasonably determines that any of the following applies, refuse a registration application or, even after registration is complete, suspend or delete the account, or take any other measures deemed necessary by the Company:
If there is any falsehood, error, or omission in all or part of the Registration Information.
If the Applicant has previously been subject to service suspension, contract termination, account deletion, or other disciplinary action for violating these Terms, related policies, or any terms, contracts, or other agreements for other services provided by the Company.
If the Applicant is under 18 years of age, or if it is discovered after registration that the User is under 18 years of age.
If the Company determines that the Applicant constitutes an Anti-Social Force, etc., or has an inappropriate relationship therewith.
If the Company otherwise reasonably determines that the use of the Service by the Applicant is inappropriate.
Age Restriction. To use the Service, Users must, in principle, be 18 years of age or older. If a person under the age of 18 uses the Service, they shall do so under the consent of a legal representative and at the representative's responsibility.
Article 4 (Changes to Registration Information)
In the event of any change to their Registration Information (including, but not limited to, contact information), the User shall, without delay, notify the Company of such change or perform an update procedure using the account management function provided by the Service or by another method separately specified by the Company.
The Company shall not be liable for any responsibility or disadvantage arising from the User's failure to perform the procedures in the preceding paragraph, such as the non-delivery of notices from the Company or disruptions in the provision of the Service. Any notice sent by the Company to the last valid contact information provided by the User shall be deemed to have been received at the time of dispatch.
Article 5 (Management of User ID and Password)
The User shall, at their own responsibility, properly manage and store their User ID and password and shall not disclose, lend, assign, or otherwise allow any third party to use them. The User is also obligated to take reasonable security measures, including setting a strong password and changing it regularly, to prevent unauthorized access.
If the Company confirms a match between a User ID and password, it shall deem that the User registered as the holder of said User ID and password has used the Service, and the User acknowledges and agrees to this in advance. The Company shall not be liable, to the extent permitted by law, for any damages incurred by the User or a third party due to inadequate management of the User ID and password, errors in use, or unauthorized use by a third party, except in cases of willful misconduct or gross negligence on the part of the Company.
If the User suspects that their User ID and password have been leaked or are being used without authorization by a third party, the User shall immediately notify the Company to that effect and take action in accordance with instructions from the Company. The Company shall not be liable for any damages arising from the failure to provide such notification or take such action.
Article 6 (Paid Services)
When using Paid Services, the User shall pay the usage fees for the Service as determined by the Company, in accordance with the payment method specified by the Company, by the payment due date designated by the Company.
If a Paid Service is provided on a recurring subscription basis, unless the User cancels the subscription in accordance with the procedure specified by the Company before the start of the next billing period, the Company may automatically collect the said fees for each contract period using the valid payment method previously registered by the User. The User is responsible for taking the necessary measures to ensure that their payment method remains valid and capable of payment.
The Company may change the usage fees for Paid Services with prior notice. In the event of a fee change, the Company shall notify the User by email or other method prescribed by the Company at least 30 days before the change takes effect, and the new fees shall apply from the next contract renewal period following the notification. If the User does not agree to the changed fees, the User shall cancel the Service contract before the change takes effect. If the User continues to use the Paid Services after the revised usage fees have been applied, the User shall be deemed to have agreed to the revision of said usage fees.
The User shall, at their own responsibility and expense, pay any consumption tax and all other taxes and public charges imposed by law in connection with the use of the Paid Services provided by the Company. The Company shall collect and duly pay such taxes where legally obligated to do so.
If a User fails to properly fulfill their payment obligations to the Company, the Company may temporarily restrict or suspend the User's access to the Paid Services or downgrade the User's account to a free plan until such payment is completed.
Unless otherwise provided by law, the Company shall not be obligated to refund any fees already paid by the User, for any reason whatsoever. However, if the User has rights, such as the right of rescission, under the Consumer Contract Act or other mandatory provisions, such provisions shall be followed.
If a User fails to pay the fees by the payment due date, the Company may charge late payment fees on the outstanding amount at a rate of 14.6% per annum.
Paid Services may have specific usage limits depending on the plan details (including, but not limited to, monthly request limits, storage capacity, and the scope of available features). If a User exceeds such limits, the Company may take reasonable measures in response to the excess usage (e.g., temporary suspension of service provision, charging additional fees, requesting a plan upgrade).
Article 7 (Use of the Service)
On the condition that the User complies with each provision of these Terms, the Company grants the User a limited, non-exclusive, non-transferable (except as otherwise provided in these Terms), and revocable license to access and use the Service provided by the Company during the term of the Service Agreement.
The User shall, at their own responsibility and expense, properly prepare and maintain all necessary hardware, software, operating systems, network connections, and any other environment required to use the Service. The Company shall not be liable for any failures, damages, or any other events arising from the User's failure to have the necessary environment for using the Service.
In using the Service, the User shall faithfully comply with all applicable laws and regulations, as well as these Terms, various policies, terms of use, guidelines, and other documents related to the Service that the Company may present or publish from time to time. If the Company separately establishes a "Usage Policy" or "Code of Conduct" for the Service, such provisions shall also constitute a part of these Terms.
Article 8 (Rights and Use of Content)
The User may provide input information, including text, instructions, files, images, and other information (hereinafter referred to as "Input Information"), to the Service, and may obtain output information generated by the Service based on such input (hereinafter referred to as "Output Information"). (Input Information and Output Information are collectively referred to as "Content").
The User is solely responsible for the Input Information they create, upload, or submit, and warrants that they have all necessary rights, licenses, and permissions to provide such input, and that the Input Information does not violate any applicable law or these Terms. The User is likewise responsible for how they use the Output Information.
As between the User and the Company, and to the extent permitted by applicable law, the following shall apply:
All rights to the Input Information provided by the User shall belong to the User.
The User shall acquire ownership and all other rights, to the extent permitted by applicable law, to the Output Information generated through the Service based on the User's Input. The Company hereby assigns to the User, free of charge and on a non-exclusive basis, all ownership, rights, and interests (if any) that the Company or its licensors may have in such Output Information. However, the operating screens, help content, API documentation, and other official materials provided by the Company as part of the Service are not included in the "Output Information" referred to in this paragraph, and the Intellectual Property Rights therein belong to the Company or its licensors.
Due to the nature of the Service and AI, Output Information is not necessarily unique, and other Users may receive similar output from the Service. The assignment of rights by the Company under Paragraph 3(ii) does not extend to the output of other Users or any third-party output.
The Company may use the Content for the following purposes, and the User agrees to this:
Provision and Improvement of Services: The Company may use Content to provide, maintain, develop, and improve the Service (e.g., analyzing user behavior patterns using aggregated and anonymized usage records to optimize features), to comply with applicable laws, to enforce our terms and policies, and to ensure the security of the Service.
Model Training: The Company may use Content to improve the Service and the underlying machine learning models.
In its use of Content under the preceding paragraph, the Company makes the following commitments to the User:
If the User's Input Information or Output Information contains "Personal Data" that can identify the User as an individual or content explicitly protected by copyright law, the Company commits not to directly use this specific Content for training machine learning models without the User's explicit consent (e.g., approval via an option in the settings).
When using AI models provided by third parties (e.g., OpenAI, Google, etc.) in the Service, the Company will use commercially reasonable efforts, based on its agreements with these providers, to configure the service to prevent User Content from being used by these third parties to train their models. For details, please refer to our Privacy Policy and the terms of the relevant third-party service providers.
Article 9 (Precautions for Use of the Service, etc.)
The Company does not warrant the accuracy, legality, safety, usefulness, non-infringement of rights, reliability, or fitness for a particular purpose of the Output Information. The Output Information may be inaccurate. The Output Information may not always accurately reflect real persons, places, or facts, so please exercise caution when using the Service.
While the Company does not directly output the User's Input Information after machine learning, the use of the User's Input Information for training machine learning models may result in the generation of products on the Service containing content similar or related to the Input Information, and such Output Information may be used by the Company or third parties. The User agrees to this as a condition of using the Service.
To support service quality improvement and product enhancement, the Company's employees or third parties may view, label, or otherwise process User Content. When using the Service, the User shall, at their own expense and responsibility, take necessary measures, such as not inputting information they do not wish to be subject to such review (including, but not limited to, sensitive personal information, business secrets, or sensitive data). The Company shall not be liable for any disadvantage incurred by the User due to the User's failure to take such measures or the inadequacy of the measures taken.
If a User does not wish for their Input Information to be used by the Company for the purpose of improving, enhancing, or upgrading the Service, the User may opt out of consent for such use through the setting option provided in the account's personal settings screen. Please understand in advance that by enabling the opt-out, some features of the Service that optimize response accuracy based on the User's usage patterns may be restricted, and the quality or relevance of the output provided to that User may be relatively diminished.
Before using or sharing Output Information, the User must evaluate its accuracy and appropriateness for their specific use case and, where necessary, conduct a manual review. The Output Information generated on the Service is not a substitute for professional advice.
If Output Information related to an individual is provided on the Service, the User must not use such output for purposes that could have a significant legal or substantial impact on that individual (e.g., credit assessment, educational admission, employment decisions, housing, insurance, legal, medical, investment, or other critical decision-making).
The Service may provide incomplete, inaccurate, or offensive Output Information; however, this output does not in any way represent the views of the Company. Any mention of third-party products or services in the output does not indicate that such third party endorses or is affiliated with the Company.
Article 10 (Prohibited Acts)
In using the Service, the User shall not engage in any of the acts listed in the following items:
Acts that violate domestic or international laws, ordinances, regulations, or other legal norms.
Acts that infringe, misappropriate, or violate the rights of others (including, but not limited to, intellectual property rights, privacy rights, portrait rights, and rights to reputation).
Using the Service for any illegal, unjust, harmful, fraudulent, discriminatory, or abusive purpose. This includes, but is not limited to:
Generating, displaying, disseminating, or storing child sexual abuse material or other content deemed illegal or antisocial.
Impersonating others, misrepresentation, or other deceptive acts using false information.
Acts that infringe on personal rights, such as threats, slander, harassment, or discriminatory remarks against others.
Use for the purpose of developing, manufacturing, or selling weapons, or for carrying out other illegal activities.
Acts of modifying, reproducing, distributing, assigning, lending, or reselling all or part of the Service without the express written consent of the Company.
Acts of analyzing, decompiling, reverse engineering, or attempting to do so, the source code of the Service or its underlying technology (including AI models, algorithms, and system configurations), and acts that encourage such activities.
Using automated means (such as scraping, bots, crawlers, or data mining) that impose an excessive load on the Service to extract, reproduce, use, or collect the Service or its output.
Falsely representing that output generated by the Service was created by a human.
Acts of circumventing, interfering with, or destroying the technical protection measures, authentication mechanisms, access restrictions, rate limits, or other security mechanisms of the Service.
Using the Output Information to develop or provide products, services, models, etc., that are of the same type as or competitive with the Company or the Service.
Providing a third party's personal information (especially sensitive personal information) or trade secrets or other confidential information to the Service without proper authority and without appropriate protective measures.
Improperly using the functions of an Enterprise Space to circumvent another User's access restrictions or to obtain, disclose, or redistribute their content without permission.
Acts that may cause disadvantage, damage, or defamation to the Company, the Service, other services provided by the Company, or other Users or third parties.
Acts that violate these Terms, the Company's related policies or guidelines, or acts that the Company reasonably deems inappropriate.
Posting, transmitting, or storing content that includes the following:
Content that violates laws or regulations.
Content that infringes on the rights of third parties.
Content that is defamatory, threatening, obscene, violent, discriminatory, or reasonably considered generally offensive.
Content containing malicious code or programs such as viruses, malware, worms, or Trojan horses.
Content that is false or misleading.
Article 11 (User's Obligations)
The User shall, at their own responsibility, confirm the accuracy, legality, and appropriateness of the Output Information generated through the use of the Service, and review, modify, or supplement it as necessary, including seeking professional advice. In particular, when planning to disclose it externally, use it for commercial purposes, or use it for business decision-making, the User shall pay sufficient attention to the reliability of the Output Information and use it with careful judgment.
When a User acquires, processes, or uses the personal information of a third party through the use of the Service, the User must comply with applicable personal information protection laws and other relevant laws and regulations, and respect the privacy rights of said third party. Regarding data management in an Enterprise Space, the User shall follow the rules and access permissions established by the administrator of that space.
The User warrants that the Input Information they provide through the Service and its use, as well as the use of the Output Information generated through the Service, do not infringe upon the intellectual property rights, privacy rights, rights to reputation, or any other legal rights of third parties.
The User shall properly manage and store the User ID and password for their account with the due care of a good manager and shall be responsible for all activities conducted under their account. If unauthorized use by a third party is suspected, the User shall promptly notify the Company.
If the Company receives an allegation, complaint, warning, injunction, or other claim from a third party regarding the User's use of the Service (including Input Information and Output Information), or if such use becomes the subject of an investigation by an administrative authority or other public body, the User shall provide the necessary information for the Company to confirm the facts and implement countermeasures, and shall cooperate in good faith.
Article 12 (Withdrawal by User)
The User may terminate their use of the Service and apply for the deletion of their account at any time in accordance with the method prescribed by the Company. Such application shall become effective upon completion of the procedures specified by the Company.
If a User withdraws or deletes their account, the User shall lose all rights of access to and use of the Service.
A User's withdrawal or account deletion shall not release the User from debts or any other liabilities to the Company or third parties that arose in connection with the User's use of the Service prior to withdrawal (including, but not limited to, obligations for damages and confidentiality).
Upon receiving a deletion request from a User, the Company will endeavor to complete the deletion of the relevant data, in principle, within 30 days from the date of receipt of the request. However, a longer period may be required for deletion due to legal storage obligations, technical constraints, or security reasons. In such cases, the Company will respond within a reasonable period and notify the User as necessary.
After a User's withdrawal or account deletion, the Company will handle the User's personal data and Content in accordance with its Privacy Policy and applicable laws. In principle, the Company will promptly delete or anonymize such data, but may retain it for a reasonable period to the extent necessary for legitimate purposes such as legal compliance, contract performance, dispute resolution, or maintaining the security of the Service. For details, please refer to the "Data Retention and Deletion Clause" in our Privacy Policy.
If a User wishes to use the Service again after withdrawal, they must perform a new user registration. Please be aware that data related to the account prior to withdrawal will not be restored.
Article 13 (Suspension of Service or Termination of Account)
The Company may, at its discretion, temporarily suspend the User's use of all or part of the Service, terminate the account, and, if necessary, delete the said account, if any of the following apply:
If the Company reasonably determines that the User has violated these Terms, the Usage Policy, or other regulations established by the Company.
If the Company determines that measures are necessary to comply with laws, court orders, or instructions from administrative agencies.
If the Company determines that the User's actions pose a significant risk of harm to the rights, interests, or safety of the Company, other Users, or third parties.
If the User has not logged into their account or used the Service for a long period (e.g., more than one year with no history of paid use).
If the User fails to fulfill their usage fees for Paid Services or other monetary obligations by the prescribed payment date.
If it is found that there was false information in the Registration Information or if the account was created by impersonating another person.
If the Company determines that the User has used the Service for fraudulent or other illegal or improper purposes.
In an Enterprise Space, if the administrator of that space instructs the deletion of the User's account based on the exercise of their authority.
If the Company otherwise reasonably determines that it is appropriate to take such measures.
When taking measures for suspension or termination of an account under the preceding paragraph, the Company shall endeavor to notify the User in advance by a reasonable method, except in cases of urgency or where notification is prohibited by law. In the case of termination due to prolonged non-use, the Company will notify the User in advance.
If a User's account is suspended or terminated, the User will no longer be able to access the Service or use the Content, and the Company shall not be liable for any damages arising therefrom. Furthermore, any fees already paid will not be refunded in connection with such measures, unless otherwise provided by law. The obligations and responsibilities of the User that have already arisen under these Terms shall remain in full force and effect even after the termination of the account.
Article 14 (Changes, Interruption, and Termination of the Service)
The Company reserves the right to change, improve, upgrade, add, or replace the functions, content, structure, interface, underlying technology (including the AI models used), and other elements of the Service at any time for the purpose of user convenience and technical enhancement. Individual prior notification to the User is not required for these changes. However, for changes that the Company reasonably determines will have a significant impact on the User's use, the Company will endeavor to inform the User in advance to a reasonable extent through announcements on the Company Website or the notification function within the Service.
The Company may temporarily interrupt the provision of all or part of the Service, with or without prior notice to the User, in any of the following cases, and shall not be liable for any damages incurred by the User as a result, except where such damages are caused by the Company's willful misconduct or gross negligence:
When performing regular or emergency system maintenance, conservation, or repairs.
When a failure occurs in servers, communication lines, power, or other infrastructure.
When a third-party service integrated with or relied upon by the Service (e.g., an underlying AI model provider) is suspended or experiences a failure.
In the event of force majeure, such as earthquakes, typhoons, floods, fires, power outages, wars, riots, epidemics, or orders from government agencies.
When the Company deems it necessary to ensure the safety of the service or to respond to a security incident.
When there is an order, instruction, or other request from a law or public authority.
When any other event occurs that the Company reasonably deems necessary.
The Company may permanently terminate the provision of all or part of the Service for business reasons or other reasons. If the Company decides to terminate the Service, it shall notify Users of Paid Services to that effect at least 30 days prior to the termination date by email or another method deemed appropriate by the Company. Furthermore, even if the User incurs damages due to being unable to use the Service as a result of such a decision, the Company shall not be obligated to compensate the User for such damages.
Article 15 (Intellectual Property Rights)
Company's Intellectual Property Rights. All intellectual property rights (including copyrights, patent rights, trademark rights, design rights, etc.) related to all software, websites, interfaces, designs, documents, brand logos, and the underlying technology, AI models, and other related technologies owned by or legally licensed to the Company that are provided in connection with the Service shall belong to the Company or the said licensors. No provision in these Terms shall be construed as transferring or licensing any intellectual property rights to the User, except for the right of use explicitly granted.
The User retains all rights to the Input Information they provide to the Service. Furthermore, to the extent permitted by law and subject to the provisions of these Terms, ownership of the Output Information generated by the Service shall also belong to the User.
The User grants the Company a worldwide, non-exclusive, royalty-free license to use (including hosting, reproducing, adapting, modifying, processing, distributing, and sublicensing) the Content to the extent necessary for the Company to smoothly provide, operate, maintain, and improve the Service, for the following purposes:
To provide, maintain, develop, and improve the Service (subject to compliance with the restrictions in Article 8, Paragraph 5).
In accordance with the provisions of this Agreement, to use the Content to train machine learning models, to output information similar to the Content in such trained models, and to allow other users to use such similar output information in any manner.
To resolve technical failures or respond to security vulnerabilities.
To respond to laws, court orders, or other legal requests.
To enforce these Terms and related policies. However, this license shall terminate when the User ceases to use the Service and the Content is deleted in accordance with the Company's data retention policy.
The User shall not, without the prior consent of the Company, use information provided by the Company by translating, editing, modifying, or other methods, nor allow a third party to use or publish it. Furthermore, the User shall not engage in any act that may infringe the intellectual property rights of the Company or the rights holders who have licensed rights to the Company, for any reason whatsoever (including, but not limited to, reverse assembly, reverse compilation, and reverse engineering). The trademarks, logos, service marks, etc. (hereinafter "Trademarks, etc.") displayed on the Service are not assigned or licensed by the Company to the User or any other third party.
Any feedback, suggestions, ideas, comments, etc., provided by the User to the Company regarding the Service may be used by the Company free of charge and without restriction (including reproduction, publication, modification, creation of derivative works, commercial use, etc.), and the User shall not assert any rights or claim any consideration in connection therewith.
Except as provided in the preceding paragraph, the copyright and all other intellectual property rights related to content edited, processed, etc., by the Company in connection with the Service shall belong to the Company. Furthermore, the copyrights and intellectual property rights related to images used in the content provided by the Company shall all belong to the Company or a third party that has licensed such rights to the Company.
Article 16 (Indemnification)
If the Company or its affiliates incur any losses, expenses, damages, liabilities, etc., in connection with the User's violation of these Terms, the User shall indemnify the Company for such damages. This indemnification obligation shall survive the termination of the Service Agreement.
The Company shall not be liable for any damages incurred by the User arising from or in connection with the provision or use of the Service, unless there is willful misconduct or gross negligence on the part of the Company. However, if the total exclusion of the Company's liability is not permitted under the Consumer Contract Act or other mandatory laws, the Company shall be liable for damages only to the extent of direct and ordinary damages arising from causes attributable to the Company, unless there is willful misconduct or gross negligence on the part of the Company.
Article 17 (Disclaimer of Warranties and Limitation of Liability)
Provision on an "As Is" Basis. The Service is provided to the User on an "AS IS" and "AS AVAILABLE" basis, without any warranties, express or implied. To the maximum extent permitted by applicable law, the Company and its affiliates, contractors, and licensors expressly disclaim all implied or express warranties of any kind, including merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, title, and quiet enjoyment.
Matters Not Warranted by the Company. The Company makes no warranty whatsoever regarding the following matters:
That the Service will meet the User's specific purposes, requirements, or expectations.
That the Service will be provided continuously, uninterruptedly, timely, securely, or error-free.
That the Output Information generated or provided through the Service will be accurate, complete, useful, or reliable.
That all defects or bugs contained in the Service will be corrected.
That the Input or Output Information provided or generated by the Service will not be lost, altered, or damaged.
That the Company will be involved in any communication, transaction, or other activity between Users. In the unlikely event that a dispute or problem arises between Users, it shall be resolved between the said Users at their own responsibility and expense, and the Company will not be involved and shall bear no responsibility.
The Company shall not be liable for and will not be involved in any disputes or litigation that may arise between the User and a third party.
Even for service plans that explicitly state that support services are provided, there is no guarantee that all technical or operational problems faced by the User will be resolved.
The User understands and agrees that they bear all risks associated with the use of the Service and its output. The User should not rely on the Output Information as the sole basis for decision-making, nor should they use the Service as a substitute for professional advice (e.g., medical, legal, tax, investment, etc.).
The Service may contain links or integration functions to websites, resources, or services provided by third parties, but the Company makes no warranty whatsoever as to the accuracy, legality, validity, reliability, or lawfulness of the content provided by such third parties. Furthermore, the Company does not endorse these third-party products or services and shall not be liable for any damages arising from their use.
Article 18 (Term)
The Service Agreement shall remain in full force and effect between the User and the Company during the period of provision of the Service, from the date the User's registration is completed until the earlier of the date the User withdraws from the Service or the date the User's account is deleted. Any debts, obligations, and liabilities that have arisen during this period (including those that by their nature should survive the termination of the Service Agreement) shall remain in full force and effect even after the termination of this Agreement.
Article 19 (Revision of the Terms)
The Company may revise these Terms without the prior consent of the User in the following cases:
When the change to these Terms is in the general interest of the User.
When the change to these Terms does not contradict the purpose of the contract and is reasonable in light of the necessity of the change, the appropriateness of the content after the change, and other circumstances related to the change.
If the User uses the Service on or after the effective date of a revision made pursuant to the preceding paragraph, or if the User does not complete the procedure for suspension of use (withdrawal) of the Service within a period separately specified by the Company, the User shall be deemed to have agreed to such revision.
Article 20 (Contact and Notices)
Notices and other communications from the Company to the User shall be made by one of the following methods:
Transmission to the email address provided by the User to the Company at the time of user registration or thereafter.
Posting, notification, or transmission via a messaging function within the Service.
Posting on the Company Website. When a notice is dispatched by any of these methods, the notice shall be deemed to have reached the User at the time it is sent or posted by the Company.
Notices or communications from the User to the Company shall be made by the method prescribed by the Company and displayed on the Company Website or elsewhere (e.g., the Company's designated inquiry form, specified email address, or support channel). Communications by telephone or other means will not be considered formal notice unless explicitly acknowledged by the Company.
The Company may send marketing communications regarding functional updates, service announcements, campaigns, etc., related to the Service or the Company's products to the email address or other contact information included in the User's Registration Information.
Article 21 (Assignment of Status under these Terms, etc.)
The User shall not, without the prior express written consent of the Company, assign, succeed, provide as collateral, or otherwise dispose of their status under the Service Agreement or all or part of their rights and obligations under these Terms to a third party. Such assignment shall include comprehensive successions such as mergers, company splits, business transfers, or assignments of business.
In the event that the Company assigns all or part of the business related to the Service to a third party, the Company may, in connection with such business transfer, assign its status under the Service Agreement, all of its rights and obligations under these Terms, and customer information including the User's Registration Information to the assignee of such business transfer. The User hereby agrees in advance to such assignment in this article. The term "business transfer" in this paragraph shall also include cases where the business is succeeded through a merger (including cases where the Company is the dissolving company), company split, or other corporate reorganization procedures.
Article 22 (Severability)
In the event that any provision of these Terms, or any part thereof, is determined to be invalid, illegal, or unenforceable under the Consumer Contract Act or other applicable laws, the remaining parts of said provision and the other provisions of this Service Agreement shall continue to remain in full force and effect and be enforceable.
Furthermore, with respect to such invalid or unenforceable provision or part thereof, it shall be replaced by a legal and enforceable provision that is equivalent in legal and economic effect to the said provision, in light of the intent of the said provision and the overall purpose of these Terms, and the Company and the User shall negotiate in good faith to address this.
Article 23 (Survival)
Even if these Terms are terminated, the following articles, which by their nature should naturally survive, shall remain in full force and effect between the Company and the User:
Article 5 (Management of User ID and Password), Article 6, Paragraphs 1 through 7 (Paid Services), Article 8 (Rights and Use of Content), Article 10 (Prohibited Acts), Article 11 (User's Obligations), Article 12, Paragraphs 3 through 5 (Withdrawal by User), Article 13, Paragraph 3 (Suspension of Service or Termination of Account), Article 15 (Intellectual Property Rights), Article 16 (Indemnification), Article 17 (Disclaimer of Warranties and Limitation of Liability), Article 21 (Assignment of Status under these Terms, etc.), Article 22 (Severability), this Article 23 (Survival), Article 24 (Assignment of Claims), Article 25 (Governing Law and Agreed Jurisdiction), and Article 26 (Consultation and Resolution).
Article 24 (Assignment of Claims)
The User agrees in advance that, unless otherwise specified by the Company, the Company may assign the claims for fees and other debts payable by the User under these Terms to a business operator separately designated by the Company (hereinafter referred to as the "Collection Agency"). In this case, the Company and the said Collection Agency may omit individual notification to the User or obtaining consent for the assignment.
Article 25 (Governing Law and Agreed Jurisdiction)
The interpretation and performance of these Terms and all disputes arising in connection with the Service shall be governed by the laws of Japan. For all disputes arising out of or in connection with these Terms or the Service between the Company and the User, the Tokyo District Court shall be the exclusive court of first instance with agreed jurisdiction.
Article 26 (Consultation and Resolution)
For matters not stipulated in these Terms or in the event of any doubt arising in the interpretation of these Terms, the Company and the User shall, in accordance with the principle of good faith and trust, consult with each other in good faith and promptly seek to resolve the matter.
Article 27 (Contact Information)
For inquiries regarding matters not stipulated in this Service Agreement, or if you have any other questions or concerns, please contact us at the following address.
Contact Information:
Kocoro Support Desk
E-mail: contact@kocoro.ai