Terms of Service

Article 1 (Application)

1. These Terms of Service (these “Terms”) set out the conditions for providing the service “PersonaChoice” (the “Service”) provided by Dotify Inc. (the “Company”), and the rights and obligations between the Company and registered users.
2. By using the Service, users are deemed to have agreed to these Terms.
3. If the content of these Terms differs from any explanation of the Service given outside these Terms, the provisions of these Terms shall prevail.

Article 2 (Definitions)

The following terms used in these Terms have the meanings set out below.

1. “User” means an individual or corporation registered as a user of the Service under Article 3.
2. “Generated Persona” means virtual personality data generated by the AI algorithms provided by the Company.
3. “Clone Persona” means virtual personality data generated and configured based on the user’s own personality, attributes, etc.
4. “Points” means the electronic records prescribed by the Company that are required to use paid features (such as task execution) within the Service.

Article 3 (Registration)

1. A person who wishes to use the Service may apply for registration by agreeing to comply with these Terms and by providing certain information prescribed by the Company (the “Registration Information”) in the manner prescribed by the Company.
2. The Company may refuse registration or re-registration if the applicant falls under any of the following, and shall bear no obligation to disclose the reason:
   • Where all or part of the Registration Information provided is false, erroneous, or incomplete
   • Where the Company determines that the applicant is an anti-social force (meaning organized crime groups, their members, right-wing organizations, anti-social forces, or equivalent persons)
   • Where the applicant has previously had their membership registration cancelled due to a violation of these Terms
   • Where the Company otherwise determines that registration is inappropriate

Article 4 (Management of Password and User ID)

1. Users shall, at their own responsibility, appropriately manage and store the password and user ID (email address) for the Service, and shall not allow any third party to use them, or lend, transfer, change the name on, or sell them.
2. Users shall bear responsibility for damages arising from inadequate management of the password or user ID, errors in use, use by a third party, and the like.

Article 5 (Fees and Payment)

1. As consideration for using the Service, users shall pay the usage fees (subscription fees and point purchase fees) separately determined by the Company and shown on the Company’s website, by the payment method designated by the Company (such as credit card payment).
2. If a user delays payment of usage fees, the user shall pay the Company late-payment damages at a rate of 14.6% per year.
3. Refund policy: The Company will not refund usage fees paid by users (plan fees and point purchase fees) for any reason whatsoever. Even if a plan is cancelled or downgraded, no pro-rated refund will be made.

Article 6 (Handling of Points)

1. Subscription-granted points: Points granted monthly under a monthly plan expire on the last day of the month in which they are granted (the day before the renewal date). Unused amounts do not carry over to the next month and are reset at each monthly renewal.
2. Purchased points: Points that a user obtains through a one-time charge, additional purchase, or point gift (“Purchased Points”) expire one year from the date they are granted, and any unused points that pass their expiration are forfeited. In addition, if a user withdraws from the Service or the Service ends, any remaining points are forfeited at that point.
3. Users may not assign or transfer their points to other users.
4. Points may not be exchanged for cash under any circumstances.

Article 6-2 (Use via a Sales Agency)

1. Where a user uses the Service through the Company’s sales agency (an “Agency”), the registration, plan details, fees, payment method, and the granting, expiration, and forfeiture of points and other conditions of use shall follow the arrangements with that Agency, and the provisions of Article 3 (Registration), Article 5 (Fees and Payment), and Article 6 (Handling of Points) may not apply to that extent.
2. Even in the case of the preceding paragraph, the other provisions of these Terms (in particular Article 7 (Prohibited Acts), Article 9 (Attribution of Rights), and Article 10 (Disclaimer and Non-Warranty regarding AI Features)) shall continue to apply between the Company and the user.
3. Where a user uses the Service through an Agency, the Company and the Agency may mutually handle the user’s information within the scope necessary to provide the Service, open and manage the account, bill fees, and the like. The Company’s handling of the user’s personal information follows Article 12 and the Privacy Policy.

Article 7 (Prohibited Acts)

In using the Service, users must not engage in any act that falls under, or may fall under, any of the following.

1. Acts that violate laws and regulations, or acts related to criminal activity
2. Fraud or intimidation against the Company, other users of the Service, or other third parties
3. Acts against public order and morals
4. Acts that infringe the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, other users of the Service, or other third parties
5. Acts that place an excessive load on the network or systems of the Service
6. Disassembling, decompiling, or reverse-engineering the Service
7. Acts that may interfere with the operation of the Service
8. Using another user’s ID or password
9. Providing benefits to anti-social forces

Article 8 (Suspension of the Service)

1. The Company may suspend or interrupt all or part of the Service without prior notice to users in any of the following cases:
   • Where the computer systems related to the Service require urgent inspection or maintenance
   • Where operation of the Service becomes impossible due to failure of computers or communication lines, operational error, excessive concentration of access, unauthorized access, hacking, and the like
   • Where operation of the Service becomes impossible due to force majeure such as earthquake, lightning, fire, wind and flood damage, power outage, or natural disaster

Article 9 (Attribution of Rights)

1. All intellectual property rights related to the Service belong to the Company or to those who have licensed them to the Company, and the license to use the Service under these Terms does not mean a license to use the intellectual property rights of the Company or its licensors.
2. Users represent and warrant to the Company that they have the lawful right to post or otherwise transmit their posted data, and that the posted data does not infringe the rights of any third party.

Article 10 (Disclaimer and Non-Warranty regarding AI Features)

1. The Service uses artificial intelligence (AI) technology, and the Company makes no warranty whatsoever as to the behavior or responses of generated personas, or the accuracy, completeness, or fitness for a particular purpose of simulation results.
2. Users understand that information generated by AI may contain errors (hallucinations), and shall use the output of the Service at their own responsibility.
3. The Company bears no responsibility whatsoever for damages arising from business decisions (such as implementing marketing measures) made by a user based on the analysis or simulation results of the Service.

Article 11 (Withdrawal)

1. Users may withdraw from the Service and cancel their own user registration by completing the procedures prescribed by the Company.
2. If a user owes any debt to the Company upon withdrawal, the user shall naturally lose the benefit of time for all debts owed to the Company and must immediately pay all such debts to the Company.
3. The handling of user information after withdrawal shall follow Article 12.

Article 12 (Handling of User Information)

1. The Company’s handling of user information shall be governed separately by the Privacy Policy, and users agree that the Company handles their user information in accordance with the Privacy Policy.
2. The Company may, at its discretion, use and disclose the information and data provided by users as statistical information in a form that cannot identify individuals, and users shall not object to this.

Article 13 (Changes to These Terms)

1. The Company may change these Terms when it deems it necessary. When changing these Terms, the Company will inform users of the timing and content of the revised Terms by posting on the Company’s website or by other appropriate means, or notify users.

Article 14 (Contact and Notices)

1. Inquiries about the Service and other contact or notices from users to the Company shall be made via the separately provided contact form.
2. Contact or notices from the Company to users shall be made by sending to the registered email address or by posting on the Service.

Article 15 (Governing Law and Jurisdiction)

1. These Terms shall be governed by the laws of Japan.
2. The Tokyo District Court shall have exclusive agreed jurisdiction as the court of first instance for any dispute arising out of or related to these Terms.