These Terms of Service set forth the basic terms governing the use of the Service between Dr. AISEO Inc. (hereinafter "the Company") and users who use the services provided by the Company.
1Purpose and Scope
- These Terms govern the rights and obligations between the Company and users with respect to the use of the SaaS product "Dr.AISEO" (hereinafter "the Service") provided by the Company.
- Terms, guidelines, notices, and other policies that the Company explicitly designates as applicable to the Service, whether online or in writing, shall constitute part of these Terms.
2Definitions
The terms used in these Terms are defined as follows:
- "User": Any individual or legal entity that uses the Service.
- "Input Data": Text, URLs, images, and other information submitted by Users to the Service for diagnosis.
- "Diagnostic Results": Scores, reports, and improvement suggestions generated by the Service based on Input Data.
3Application and Agreement
- Users shall apply for the Service by agreeing to these Terms and submitting an application via the Company's prescribed "Application Form" or by electronic means.
- The service agreement ("Agreement") shall be formed when the Company accepts such application. In the event of any conflict between an individual agreement and these Terms, the individual agreement shall prevail.
4Fees and Payment
- Service fees shall be determined based on the plan selected by the User in accordance with the Company's fee schedule.
- If a User wishes to change plans during their subscription period, the User shall submit a plan change request to the Company by electronic means. The plan change shall take effect upon the Company's acceptance, and the fees for the new plan shall apply.
- Users shall pay fees by bank transfer to the account designated by the Company by the last day of the month following the usage month, based on invoices issued by the Company. Bank transfer fees shall be borne by the User. Fees once paid shall not be refunded for any reason.
- In the event of delayed payment, the User shall pay late payment interest at the rate of 14.6% per annum.
5Term and Cancellation
- The service subscription term shall be one month from the date the User begins using a paid plan.
- Unless the User completes the cancellation procedure by the Company's prescribed method (such as cancellation through the dashboard) before the end of the subscription term, the Agreement shall automatically renew for an additional one month on the same terms, and so on thereafter.
- Users may cancel at any time during the subscription term. Upon completion of the cancellation procedure, the Service shall terminate at the end of the then-current subscription term.
- Upon cancellation, no pro-rata refund shall be made even if there is remaining time in the subscription term. No cancellation fee or early termination fee shall apply.
6Account and Password Management
- Users shall, at their own cost and responsibility, prepare all equipment, communication means, and other environments necessary to receive the Service. All communication costs necessary for using the Service shall be borne by the User.
- Users shall use the Service at their own responsibility and shall appropriately manage and safeguard their personal information, IDs, and passwords related to the Service.
- Users shall not allow third parties to use, lend, or transfer their IDs or passwords. Users shall be solely responsible for any damages arising from unauthorized use by third parties or from inadequate management of IDs and passwords, and the Company shall bear no liability.
7Intellectual Property
- All intellectual property rights, including copyrights, patents, and trademarks, related to the Service belong to the Company or those who have licensed rights to the Company.
- The license granted under the Agreement does not imply any transfer of the Company's intellectual property rights in the Service.
- Copyright in data input by Users is retained by the Users.
- Copyright in Diagnostic Results belongs to the User.
- Users grant the Company a royalty-free, unlimited license to use (including processing and analysis) User input data and Diagnostic Results for the purpose of improving the Company's services and creating statistical data.
8Prohibited Activities
Users shall not engage in any of the following activities when using the Service:
- Any act of analyzing the diagnostic algorithm of the Service, including reproduction, modification, decompilation, disassembly, or other reverse engineering.
- Acts that infringe upon the intellectual property rights, privacy, reputation, or other rights of the Company or third parties.
- Acts that place excessive load on the Company's servers.
- Inputting content that infringes the copyrights of the Company or third parties.
- Unauthorized sharing of paid plan features among multiple users.
- Misusing Diagnostic Results for spam or fraudulent manipulation intended to deceive AI.
- Any other acts that may interfere with the normal operation of the Service.
9Service Suspension and Modification
The Company may suspend or modify the Service without prior notice to Users in the following cases:
- Changes to API specifications or failures of external AI services (e.g., OpenAI).
- System inspections or maintenance work related to the Service.
- Cases where operation of the Service becomes impossible due to natural disasters or other force majeure events.
- Any other cases where the Company deems it operationally necessary.
10Disclaimer
- The Company makes no warranties regarding the completeness, accuracy, truthfulness, timeliness, or usefulness of the Service content or Diagnostic Results. The Company also makes no warranty that the Service will be free from interruptions, suspensions, or other failures.
- The Service may redirect Users to external services. The Company makes no warranty regarding the completeness, accuracy, or validity of such external service content.
- The Company shall bear no liability for any damages suffered by Users due to failure to update their registration information.
- Users shall use the Service within the scope permitted by law. The Company shall bear no liability even if Users violate laws or regulations in connection with use of the Service.
- The Company shall bear no liability for the theft of User information due to unexpected unauthorized access or similar acts.
- The Company shall bear no liability for any failure to perform all or part of its obligations under the Agreement due to natural disasters, changes in climate, fires, strikes, trade embargoes, wars, civil unrest, epidemics, or other force majeure events.
- The Company shall bear no liability for any disputes between Users and third parties arising in connection with use of the Service. Such disputes shall be resolved by Users at their own cost and responsibility.
11Confidentiality
- Both the Company and Users shall not disclose or leak to third parties any technical, business, or other confidential information of the other party learned in connection with the Agreement, without the prior written consent of the other party.
- The obligations under this Article shall remain in effect for three years after the termination of the Agreement.
12Exclusion of Antisocial Forces
- Both the Company and Users represent and warrant that neither they nor their officers or employees are affiliated with organized crime groups, gang members, related enterprises, or other antisocial forces.
- Both the Company and Users covenant that neither they nor any third party acting on their behalf will engage in violent demands, unreasonable demands exceeding legal liability, threatening speech or conduct, spreading false rumors, obstruction of business, or similar acts.
- If either party breaches this Article, the other party may immediately terminate the Agreement without any prior notice. The party that terminates the Agreement shall not be liable for any damages incurred by the breaching party.
13Damages and Liability
- The Company shall compensate Users for ordinary damages arising from the Service only when such damages are caused by the Company's intentional misconduct or gross negligence.
- The total amount of compensation under the preceding paragraph shall not exceed the total service fees paid by the User to the Company during the three months immediately preceding the occurrence of the damage.
- The Company shall bear no liability for lost profits, indirect damages, or special damages suffered by Users.
14Force Majeure
Neither the Company nor Users shall be liable for delay or non-performance of their obligations under the Agreement due to the following circumstances:
- Natural disasters, fires, explosions, or infectious diseases.
- Wars, riots, revolutions, or national division.
- Orders or directives from public authorities.
- Failures or maintenance of communication lines, external servers, or cloud services.
15Inquiries
- The Company shall endeavor to respond to User inquiries regarding the Service, but shall not be obligated to respond except where required by law or these Terms.
- The Company shall not be obligated to disclose its criteria for deciding whether to respond to User inquiries.
16Amendments
- The Company may amend these Terms at any time pursuant to Article 548-4 of the Civil Code. The amended Terms shall apply to the Agreement after the amendment takes effect.
- When amending these Terms, the Company shall specify the effective date of the amended Terms and notify Users at least two weeks prior to the effective date.
- If a User continues to use the Service after such notification, or fails to complete cancellation within the Company's prescribed period, the User shall be deemed to have agreed to the amendment.
17Severability
- Even if any provision of these Terms is held invalid based on applicable law, the remaining provisions shall remain in full force and effect.
- Even if any provision of these Terms is held invalid or rescinded with respect to a particular User, these Terms shall remain valid with respect to other Users.
18Governing Law and Jurisdiction
- The Agreement shall be governed by the laws of Japan.
- The Tokyo District Court shall have exclusive jurisdiction as the court of first instance for all disputes arising in connection with the Agreement.