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. However, where the Company and a user have individually agreed on matters in writing (including electronic records), that agreement shall prevail over these Terms.

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. “Points” means the electronic records prescribed by the Company that are required to use paid features (such as task execution) within the Service.
4. “Output” means the results generated for the user by the Service (such as responses of Generated Personas, analysis results, and reports).
5. “Individual” means a specific individual identified by personal information (including officers and employees of a user and other account users).

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 as defined in Article 18
   • 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: Except where attributable to reasons for which the Company is responsible, 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 six months 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 7 (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 9 (Prohibited Acts), Article 11 (Attribution of Rights), and Article 12 (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 15 and the Privacy Policy.

Article 8 (Service Infrastructure and Handling of Data)

1. The Service is provided using the infrastructure systems operated by the Company as well as functions provided by external AI and cloud service providers. Users acknowledge in advance that the data they enter or transmit in connection with their use of the Service (including task content and attached images) will be processed by such external providers to the extent necessary to provide the Service.
2. The Company imposes on the external providers referred to in the preceding paragraph, as its subcontractors or sub-subcontractors, security obligations equivalent to or stricter than those under these Terms and the Company’s Privacy Policy, and exercises necessary and appropriate supervision in accordance with applicable laws.
3. Where a user provides or enters the personal information of a third party in connection with the Service, the user shall, at its own responsibility, give any notice, make any public announcement, or obtain any consent required by law with respect to that individual. The Service does not require the entry of information that can identify an actual individual, and the Company asks users not to enter the personal information of third parties when entering tasks and the like, except where the Company specifically requests it.
4. The Company’s handling of users’ personal information follows Article 15 and the Privacy Policy.

Article 9 (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 (as defined in Article 18)

Article 10 (Suspension, Change, and Termination 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
   • Where operation of the Service becomes impossible due to maintenance, failure, or changes in the terms of provision at the external AI or cloud service providers referred to in the preceding Article
2. The Company may change the specifications, features, screen composition, AI models, databases, and the like of the Service in order to improve quality and expand functionality. Where such a change is reasonably expected to have a material impact on users, the Company will endeavor to give advance notice by reasonable means.
3. The Company may, at its discretion, terminate all or part of the Service. In that case, unless there are unavoidable circumstances, the Company will notify users at least one month before the termination date by posting on the Company’s website, sending email, or other appropriate means. The handling of unused points upon termination of the Service follows Article 6.

Article 11 (Attribution of Rights)

1. All intellectual property rights related to the infrastructure systems of the Service (including AI models, databases, source code, and related trademarks) 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 those intellectual property rights.
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.
3. Users may freely use the Output for their own business, and where copyright or other rights arise in the Output, those rights shall belong to the user. However, the intellectual property rights in the infrastructure systems of the Service set out in paragraph 1 are not included in the Output. The Company’s use of information as statistical data follows Article 15, paragraph 2.

Article 12 (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. Except in cases of the Company’s willful misconduct or gross negligence, 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 13 (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 15.

Article 14 (Suspension of Use and Cancellation of Registration)

1. The Company may, without prior notice, temporarily suspend a user’s use of the Service, suspend the use of points, delete posted data, or cancel the user registration where the user falls under any of the following:
   • Where the user violates any provision of these Terms
   • Where it is found that the Registration Information contains false facts
   • Where the user delays payment of fees or other debts and fails to pay within a reasonable period after the Company’s demand
   • Where the user does not respond to communications from the Company within a reasonable period prescribed by the Company
   • Where the user engages in any act set out in Article 9 (Prohibited Acts)
   • Where the Company otherwise determines that it is inappropriate for the user to continue using the Service or to remain registered
2. Except in cases of the Company’s willful misconduct or gross negligence, the Company bears no responsibility whatsoever for damages incurred by the user as a result of the measures in the preceding paragraph.
3. Where a measure under paragraph 1 is taken, the user shall naturally lose the benefit of time for debts owed to the Company and shall immediately pay them. The handling of remaining points upon cancellation of user registration follows Article 6.

Article 15 (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. The rights of individuals regarding personal information (such as requests for disclosure) follow the Company’s 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 16 (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 17 (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 18 (Exclusion of Anti-Social Forces)

1. Users represent and warrant to the Company that, now and in the future, they (including, in the case of a corporation, its officers and beneficial controllers) are not organized crime groups, members of such groups, companies affiliated with such groups, right-wing organizations, or other anti-social forces (“Anti-Social Forces”), and that they have no relationship with Anti-Social Forces that should be socially condemned.
2. Users undertake not to engage, whether by themselves or through a third party, in violent demands, unreasonable demands beyond legal responsibility, threatening conduct, damage to the Company’s credit or interference with its business through the spread of rumors, deception, or force, or any similar acts.
3. If a user violates either of the preceding paragraphs, the Company may immediately suspend the user’s use of the Service or cancel the user registration without any demand, and bears no responsibility whatsoever for damages incurred by the user as a result.

Article 19 (Prohibition of Assignment)

1. Users shall not, without the Company’s prior written consent, assign, transfer, or provide as collateral to any third party their contractual status under these Terms or all or part of their rights or obligations under these Terms.

Article 20 (Severability)

1. Even if any provision of these Terms or any part thereof is held invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining parts of these Terms and the remainder of that provision shall continue in full force and effect.

Article 21 (Surviving Provisions)

1. Even after the end of use of the Service or cancellation of user registration, Article 6 (Handling of Points), Article 11 (Attribution of Rights), Article 12 (Disclaimer and Non-Warranty regarding AI Features), Article 14 (Suspension of Use and Cancellation of Registration) paragraphs 2 and 3, Article 15 (Handling of User Information), Article 18 (Exclusion of Anti-Social Forces), Article 19 (Prohibition of Assignment), Article 20 (Severability), this Article, and Article 22 (Governing Law and Jurisdiction) shall remain in effect.

Article 22 (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.