Terms of Service

The Japanese-language version is the authoritative text (see Article 31). The enactment date and effective date are not yet determined.

Chapter 1 General Provisions

Article 1 (Application)

1. These Terms of Service ("these Terms") set out the conditions of use for the iOS application "Watagumo" and all services incidental to it (the "Service") provided by Kento Ito ("we," "us," or "our").
2. Anyone using the Service ("User") shall use the Service only after agreeing to all provisions of these Terms.
3. Individual rules, guidelines, and notices that we post within the app or by our prescribed method form part of these Terms. Where the content of these Terms and an individual rule conflict, the individual rule prevails unless it provides otherwise.
4. The handling of personal information and other privacy-related information is governed by the Privacy Policy established separately (Chapter 9).

Article 2 (Definitions)

Article 3 (Agreement to These Terms)

1. A User is deemed to have agreed to these Terms by performing, on the screen displayed when first using the Service, the action of agreeing to these Terms and the Privacy Policy.
2. Without the consent described in the preceding paragraph, a User may not use the Service.
3. Consent where a User is a minor is governed by Article 5.
4. We may record the time consent was obtained and the version of the Terms agreed to.

Chapter 2 Accounts

Article 4 (Account Registration)

1. The Service's only authentication method is "Sign in with Apple." Users do not set a password for the Service.
2. Each User may hold only one Account. Creating multiple accounts to circumvent limits on the Service (such as free ticket grants or rate limits) is prohibited.
3. An Account and any status, rights, and obligations under these Terms may not be transferred, lent, have their name changed, be pledged as security, or otherwise be disposed of to any third party. The same applies to inheritance, and we will not, as a general rule, accommodate it.
4. Users are responsible for managing their own Apple ID and the device used for sign-in.
5. If "Sign in with Apple" becomes unavailable due to suspension or deletion of an Apple ID, we are unable to restore the Account or its data.
6. We may refuse to register an Account, or cancel a registration, if any of the following applies.
   • The person has previously violated these Terms
   • A false statement was made in connection with registration or use
   • The registration would violate Article 26 (Exclusion of Anti-Social Forces)
   • We otherwise determine the registration to be inappropriate

Article 5 (Age Restriction; Use by Minors)

1. The Service is intended for users aged 17 or older. This age must always be kept consistent with the App Store age rating and the description in the Privacy Policy.
2. We do not intentionally collect information from anyone under the age of 13. If it is discovered that a user is under 13, we may delete that account and related data.
3. Where a User is a minor, prior consent from a parent or other legal representative is required before using the Service (including agreeing to these Terms and making purchases under Chapter 7).
4. Even where a minor uses the Service or makes a purchase without the consent described in the preceding paragraph, we implement measures to confirm whether a legal representative's consent has been given on the screen for agreeing to these Terms. This does not, however, limit any statutory right to rescind a minor's legal act.
5. The Service may address emotionally demanding topics. Users should use the Service with consideration for their own mental and physical well-being.

Chapter 3 Nature of the Service

Article 6 (Nature of AI Characters) [Most Important Provision]

1. The AI Characters provided by the Service are programmatic characters generated from Imported Data or Entered Data provided by the User, and are not the actual specific person.
2. Generated Content does not represent the intentions, statements, views, feelings, or memories of any real person. The fact that an AI Character mimics a specific person's name or way of speaking does not imply that person's involvement, approval, or supervision.
3. We make no warranty whatsoever regarding the accuracy, truthfulness, appropriateness, usefulness, fitness for a particular purpose, or consistency with a User's expectations of Generated Content. Generated Content may include information that differs from fact, is inappropriate, or is offensive.
4. The Service does not provide medical, psychological, legal, tax, investment, or other professional advice. Generated Content must not be used as professional advice.
5. The Service is not a substitute for counseling, psychotherapy, medical treatment, or therapy of any kind. We do not claim or provide any such effects. If you are experiencing mental or physical distress, please consult a medical institution or a specialized support service.
6. We bear no responsibility, beyond the scope set out in Chapter 12, for any outcome arising for a User or a third party from use of Generated Content outside the Service.
7. We apply policy checks to input and output in order to improve the quality and safety of Generated Content. We do not, however, guarantee that these checks will prevent all inappropriate generation.
8. Users may use the reporting path provided for Generated Content (reporting from the relevant message).

Article 7 (Environment Required to Use the Service)

1. Use of the Service requires an internet connection and a compatible iOS device. Users are responsible for preparing these and for any associated costs.
2. Some features of the Service are provided using services from operators other than us (such as Apple Inc., OpenAI, L.L.C., Cloudflare, Inc., and RevenueCat, Inc.). Suspension, modification, or termination of these operators' services may render all or part of the Service unavailable.

Chapter 4 Imported Data and Entered Data

Article 8 (User Representations and Warranties) [Most Important Provision]

1. With respect to Imported Data and Entered Data, the User represents and warrants each of the following.
   1. That the User holds all rights and authority under law and contract necessary to provide such data to the Service and to have us handle it within the scope set out in these Terms
   2. That such data consists of conversation records or other information lawfully obtained and held by the User themselves
   3. That providing such data does not infringe any third party's copyright, privacy rights, right of publicity, honor, or other rights or legitimate interests
   4. That providing such data does not violate the terms of use of any other service (including the terms of the service from which the conversation history was exported)
   5. That such data does not include any purpose of impersonating or harming another person
2. Users must not provide to the Service any conversation record to which they were not themselves a party.
3. Users should make reasonable efforts to check in advance for information that should not be included in Imported Data (such as third parties' contact information, account details, or other sensitive information).

Article 9 (Rights of the Other Party and Other Third Parties) [Most Important Provision]

1. Due to the structure of the Service, Imported Data will include statements and other information from third parties (the Other Party) who are not the User. Such third parties have not consented to use of the Service.
2. Users must use the Service with consideration for the Other Party's personal information, personal rights, honor, right of publicity, and other rights and legitimate interests.
3. Users shall resolve, at their own expense and responsibility, any dispute arising in connection with the Other Party, and shall compensate us for any damage we incur as a result.
4. When handling data relating to a person who has passed away, the User shall give due consideration to that person's wishes expressed during their lifetime and to the feelings and personal interests of bereaved family members and other related persons. Where an objection is raised by bereaved family members or other related persons, we will respond in accordance with Paragraphs 5 and 6.
5. Contact point for objections and deletion requests from third parties. The Other Party or any other third party (including bereaved family members) who believes that information about themselves is being handled on the Service may raise the matter with the following contact.

   Where to raise the matter	spw2jo2@gmail.com
   Information needed for the request	The requester's name and contact information, the requester's relationship to the information in question, the reason for the request, and information needed to identify the relevant data
   Target time for an initial response	Within 14 days
   Measures we may take	Confirming the facts, inquiring with the User, suspending use of or deleting the relevant AI Character and associated data, and suspending the Account

6. Upon confirming the requester's relationship to the information in question and the reason for the request described in the preceding paragraph, we may, where we determine it necessary, suspend use of or delete the relevant data, AI Character, or Account without prior notice to the User.
7. Due to the structure of the Service, we are not in a position to verify, and do not verify, the rights relating to data provided by a User in advance. This Article makes clear that we have no intention of facilitating infringement of third-party rights, and sets out the procedure for responding to such requests.
8. To protect the rights of third parties, the Service does not include a feature for sharing or publishing between Users.

Chapter 5 Prohibited Conduct

Article 10 (Prohibited Conduct)

In using the Service, Users must not engage in any of the following conduct (including conduct that risks falling into these categories).

10.1 Prohibited conduct relating to content

• Encouraging suicide or self-harm, or seeking methods for either
• Any conduct involving sexual content concerning minors
• Explicit sexual expression or inducing the input or generation of adult content
• Inputting violent or cruel content, or inciting harm to others
• Conduct that promotes illegal activity (drugs, weapons manufacturing, unauthorized access, fraud, etc.)
• Conduct that promotes dangerous activity (encouraging eating disorders, self-directed medical treatment, etc.)
• Discrimination, insults, or harassment based on race, creed, sex, social status, disability, or other attributes
• Defamation, insults, or impersonation of a real person
• Attempting to improperly extract a real third party's personal information

We perform this determination on both input and output, and where it applies, we do not provide a response. For content relating to self-harm or suicide, we present a support contact as guidance from the app itself, rather than as a response from the AI Character.

10.2 Prohibited conduct relating to the nature of the Service

• Using the Service for the purpose of impersonating another person
• Presenting, publishing, or distributing Generated Content to a third party as "a statement by the actual real person" (regardless of whether it has been altered)
• Displaying Generated Content as though it were a real person's view, approval, or endorsement
• Using the Service for the purpose of damaging a real person's honor or credit, or for the purpose of harassment or intimidation
• Importing a conversation record to which the User was not a party (Article 8, Paragraph 2)
• Creating an AI Character modeled on a celebrity, public figure, or other person with whom the User has no personal relationship, and presenting it externally

10.3 Prohibited technical and operational conduct

• Attempting to reverse-engineer, decompile, disassemble, or otherwise analyze the source code or internal specifications of the Service
• Using the Service's API by any means other than the application we provide
• High-volume access using automated tools, scripts, bots, or similar means
• Circumventing, or attempting to circumvent, rate limits, ticket consumption, or other usage restrictions
• Obtaining tickets or altering a balance through improper means
• Accessing, or attempting to access, another User's data
• Extracting or attempting to overwrite our internal configuration (such as system prompts)
• Interfering with the operation of the Service, or placing excessive load on our servers
• Reproducing, adapting, lending, redistributing, or commercially using the Service or its content

10.4 Other

• Conduct that violates law or public order and morals
• Conduct related to criminal activity
• Conduct that infringes the intellectual property rights, honor, privacy, or other rights of us, other Users, or third parties
• Conduct involving the anti-social forces described in Article 26
• Any other conduct we reasonably determine to be inappropriate

Article 11 (Response to Violations)

1. Where we determine that a User has violated the preceding Article, we may take the following measures without prior notice.
   1. Refusing to respond to the relevant input
   2. Suspending use of or deleting the relevant AI Character or data
   3. Temporarily suspending the Account
   4. Deleting the Account and prohibiting further use of the Service
2. We bear no responsibility for damage caused to a User by the measures in the preceding paragraph, except where caused by our intent or gross negligence.
3. Even where a measure under Paragraph 1 is taken, we do not refund unused tickets or amounts already paid.
4. To ensure the effectiveness of our anti-fraud measures, we may decline to disclose the detailed reasons for a measure.

Chapter 6 Management of Data

Article 12 (Deletion of Data)

1. Users may perform the following actions at any time from within the app.

   Action	What is deleted	Ticket balance
   Deleting an individual AI Character	That AI's profile, analysis data, chat history, and icon	Not affected
   Deleting all data (account remains)	All AIs and chat history	Remains
   Deleting the Account	All of the above, plus account information and login information	Is erased (Article 22, Paragraph 5)

2. Details of deletion, and information that continues to be retained after deletion, are governed by the Privacy Policy.
3. If an Account is deleted, signing in again with the same Apple ID will not restore the data or tickets that existed before deletion. Signing in again is treated as creating a new Account.
4. Users are responsible for managing and deleting, at their own responsibility, any original files remaining in the source export service or on their device.

Chapter 7 Tickets and Billing

Article 13 (Tickets)

1. Tickets are the unit consumed when sending a message to an AI Character within the Service. As a general rule, creating an AI Character alone does not consume tickets.
2. Tickets are a functional unit usable only within the Service. We do not offer them as legal tender, electronic money, or any other means of payment.
3. Tickets may not be transferred to a third party, exchanged for cash, refunded, or moved to another account.
4. Tickets are granted as follows.

   Category	Description
   Free grants	50 tickets on first use, plus a monthly free allotment (details can be confirmed on the screen shown before purchase)
   Subscription	The monthly grant amount can be confirmed on the App Store product page (price TBD / under adjustment)
   Additional purchase (consumable)	Price and quantity TBD

5. Ticket expiration: None is set. This is because App Review Guideline 3.1.1 requires that purchased credits or in-app currency not be allowed to expire.
6. Refunds for unused tickets: We do not provide refunds for unused tickets at a User's discretion. This does not apply, however, where a refund is required by law, or where a ticket could not be used due to a cause attributable to us.
7. If a response could not be obtained due to a system failure on our part, we will restore the tickets consumed. The method and scope of restoration are as we determine.

Article 14 (Subscriptions)

1. Subscriptions are provided through the Apple App Store.
2. Unless cancelled at least 24 hours before the end of the current period, a subscription renews automatically. At renewal, the User's payment method registered with the App Store is charged.
3. To cancel, go to iOS "Settings" → your Apple ID → "Subscriptions." Cancellation is not available from within this Service's app. We are not able to cancel on a User's behalf.
4. Even if cancelled, the price for any period already elapsed is not refunded. Cancellation takes effect at the end of the then-current billing period.
5. Deleting your account does not automatically cancel your App Store subscription. Users must cancel separately using the method described in the preceding paragraph.

Article 15 (Purchases and Refunds)

1. All billing for the Service is handled through the Apple App Store. We do not collect payment method information such as credit card numbers.
2. Part of the purchase process is handled through a service provided by RevenueCat, Inc. RevenueCat's role is to notify us of purchase transaction information issued by the Apple App Store (product ID, purchase date and time, transaction ID, auto-renewal status, etc.); granting, consuming, and managing the balance of tickets continues to be handled by us. Payment method information is not passed to RevenueCat either.
3. Whether a refund is available and the procedure for obtaining one are as determined by Apple. If you would like a refund, please contact Apple Support. We are not able to influence Apple's decisions.
4. Users agree that, for consumable items purchased (additional tickets), tickets are granted upon completion of the purchase transaction.
5. We verify purchases server-side. We do not grant tickets for purchases that fail verification.

Article 16 (Price Revisions)

1. We may change the price of tickets, the quantity granted, and the price and content of subscriptions.
2. Where we raise a price, or reduce the quantity granted at the same price, we will notify Users, such as through an in-app notification, before the change takes effect.
3. Subscription price revisions follow the procedure Apple prescribes (notice before renewal and obtaining consent).
4. The quantity of tickets already granted is not retroactively changed by a price revision.

Chapter 8 Changes, Suspension, and Termination of the Service

Article 17 (Changes to the Service)

1. We may change the content, features, UI, and conditions of use of the Service.
2. The Service uses AI models provided by a third party (such as OpenAI, L.L.C.) to generate AI responses, and we may change the model used from time to time. Changing the model may alter the tendencies, style, or quality of an AI Character's responses. We do not guarantee continued use of any particular model, or the identity or consistency of responses.
3. We may add, change, or discontinue features. Where discontinuing a feature affects Users' material interests, we will make reasonable efforts to provide advance notice where possible.

Article 18 (Suspension of the Service)

1. We may suspend all or part of the Service without prior notice to Users in any of the following cases.
   • When performing maintenance, inspection, or updates
   • When provision becomes difficult due to force majeure such as fire, power outage, or natural disaster
   • When a failure occurs in a communication line, server, or external service we use (Apple, OpenAI, Cloudflare, etc.)
   • When we determine that security measures are necessary due to unauthorized access, excessive load, or similar reasons
   • Any other case where we reasonably determine suspension to be necessary
2. Our liability for damage caused to a User or a third party by a suspension under the preceding paragraph is governed by Chapter 12.

Article 19 (Termination of the Service)

1. We may terminate all or part of the Service.
2. Where we terminate the entire Service, we will give notice, such as through an in-app notification or other method we consider appropriate, a reasonable period before the termination date. This does not apply, however, where required by law or where unavoidable circumstances exist, such as our business becoming unable to continue.
3. Data will be handled as follows at termination.

   Item	Handling
   User data (AI Characters, chat history, etc.)	Deleted from our servers as of the termination date
   Data export	No export feature is currently provided
   Unused tickets	Refund/compensation policy TBD
   Subscriptions	We will stop new sales through Apple's prescribed procedure. Users should cancel using the method in Article 14, Paragraph 3

4. Users are responsible for preserving any necessary data at their own responsibility in preparation for termination of the Service.

Chapter 9 Handling of Data

Article 20 (Personal Information and Privacy)

1. We handle Users' personal information and other privacy-related information in accordance with the Privacy Policy established separately. The types of information collected, purposes of use, disclosure to third parties, international transfers, retention periods, methods of deletion, and User rights are governed by that Policy. These Terms do not restate them.
2. Users acknowledge and agree, in using the Service, that part of the Entered Data is sent to OpenAI, L.L.C. (United States) to generate AI responses, and that data is processed and stored on servers outside Japan. Details, and how consent is obtained, are governed by the Privacy Policy.
3. Users should take care not to enter into the Service any information they would not want sent.
4. The Privacy Policy forms part of these Terms. Where the content of the two conflicts, the Privacy Policy prevails with respect to the handling of personal information and other privacy-related information.

Chapter 10 Intellectual Property Rights

Article 21 (Intellectual Property Rights)

1. Our rights. All intellectual property rights in the programs, design, UI, text, images, audio, icons, trademarks, logos, and other elements comprising the Service belong to us or to the rightful rights holder. These Terms grant Users a non-exclusive, non-transferable license to use the Service in accordance with these Terms, and do not transfer any rights.
2. Rights in Users' data.
   1. Rights relating to Imported Data and Entered Data are reserved to the User or the rightful rights holder. We do not acquire these rights.
   2. Users grant us a royalty-free license to use such data to the extent necessary to provide the Service (including storage, analysis, generating the AI profile, transmission for generating responses, display, and backup).
   3. The license described in the preceding item ends when the relevant data is deleted.
   4. We do not use Users' data to train our own AI models.
3. Rights in Generated Content.
   1. We assert no rights in Generated Content. We do not prevent a User from using Generated Content within the scope of these Terms and applicable law.
   2. However, whether copyright or other rights arise in Generated Content, and to whom they would belong if they do, is not necessarily clear under current law. We do not guarantee that a User will acquire any rights in Generated Content.
   3. Generated Content may resemble output generated for other Users. We do not guarantee the originality of Generated Content.
   4. We do not guarantee that Generated Content does not infringe any third party's rights. Where a User uses Generated Content outside the Service, the User must confirm the relevant rights at their own responsibility.
   5. Use of Generated Content outside the Service is subject to the restrictions in Article 10, 10.2.

Chapter 11 Suspension and Deletion of Accounts

Article 22 (Suspension and Deletion of Accounts)

1. Users may delete their Account at any time from within the app (Article 12).
2. We may suspend or delete an Account where a User violates these Terms, or where we otherwise reasonably determine it necessary (Article 11).
3. We may, after giving prior notice, delete an Account that has had no activity for a substantial period.
4. Suspension or deletion of an Account means the User will no longer be able to use the Service.
5. If an Account is deleted, any unused tickets are forfeited and are not refunded. Users should decide for themselves, before deleting their Account, whether to use their tickets. We will clearly state this on the account deletion confirmation screen.

Chapter 12 Disclaimers and Limitation of Liability

Article 23 (Disclaimer of Warranties)

1. We do not warrant any of the following with respect to the Service.
   • That the Service will operate without interruption or error
   • The accuracy, truthfulness, usefulness, or fitness for a particular purpose of Generated Content
   • That an AI Character accurately reproduces a specific person's way of speaking or other characteristics
   • That the Service will produce the psychological effect a User expects
   • That use of the Service will achieve a User's objectives
2. We cannot guarantee complete security for communications over the internet or for electronic storage.

Article 24 (Limitation of Liability)

1. We are liable for damage arising to a User in connection with the Service to the extent set out in the following paragraphs.
2. For liability for damages arising from our own ordinary negligence in a breach of obligation or a tort, we are liable only for ordinary and direct actual damages, and are not liable for lost profits, loss of business opportunity, loss of data, or other special damages.
3. In the case described in the preceding paragraph, the cap on the amount of damages we are liable for is whichever of the following is greater (a draft figure pending confirmation through legal review).
   • (a) The total amount the User has paid to us for the Service in the 12 months preceding the occurrence of the damage
   • (b) 10,000 yen
4. This Article does not apply where we have acted with intent or gross negligence. Nor does it apply to the extent that a provision fully exempting a business operator from liability, or a provision partially exempting a business operator from liability where it has acted with intent or gross negligence, is rendered void under the Consumer Contract Act or other applicable law.
5. We are not liable for disputes arising between a User and a third party (including the Other Party, bereaved family members, or a provider of an external service), except where the cause is attributable to us.
6. We are not liable for damage arising from a failure, change, or termination of an external service such as Apple, OpenAI, or Cloudflare, except where the cause is attributable to us.

Article 25 (User Responsibility)

1. Where a User causes us damage by violating these Terms, the User shall compensate us for that damage.
2. Where a claim is made against us by a third party arising from a User's conduct, the User shall make reasonable efforts to resolve it at their own expense and responsibility.

Chapter 13 Exclusion of Anti-Social Forces

Article 26 (Exclusion of Anti-Social Forces)

1. The User represents and warrants that, now and in the future, they do not fall within any category of anti-social forces (organized crime groups, organized crime group members, persons who ceased to be organized crime group members less than 5 years ago, quasi-members, affiliated companies, corporate racketeers (sokaiya), groups engaging in criminal activity under the guise of social campaigns, specialized crime syndicates, or any person equivalent to the foregoing); that they have no relationship in which such persons control or are substantially involved in their management; that they have no relationship in which they use such persons for the purpose of securing improper profit or causing harm to a third party; and that they have no relationship involving providing funds or other benefit to, or otherwise being involved with, such persons.
2. The User warrants that they will not, themselves or through a third party, engage in violent demands, unjust demands exceeding legal responsibility, threatening speech or conduct or the use of violence, spreading rumors, using fraudulent means or force to damage credibility or interfere with business, or any conduct equivalent to the foregoing.
3. Where we determine that a User has violated either of the preceding two paragraphs, we may delete the Account and refuse further use of the Service without prior notice. In that case, we will not provide a refund or any other compensation.

Chapter 14 Changes to These Terms

Article 27 (Changes to These Terms)

1. We may change these Terms where either of the following applies.
   1. The change conforms to the general interests of Users
   2. The change does not contradict the purpose of the contract and is reasonable in light of the necessity for the change, the appropriateness of the content after the change, and other circumstances relating to the change
2. In the case described in item 2 of the preceding paragraph, we will announce, a reasonable period before the effective date, that these Terms will be changed, the content of the change, and the effective date, through an in-app notification or other method we consider appropriate.
3. If a User uses the Service on or after the effective date of a change to these Terms, the User is deemed to have agreed to the changed Terms (deemed consent).
4. Notwithstanding the preceding paragraph, for changes that have a material effect on Users' rights and obligations (including an expansion of the limitation of liability, a change unfavorable to Users in billing conditions, a change that reduces the value of tickets already granted, a change to the means of dispute resolution, or a material change to the handling of data), we will obtain renewed, explicit consent within the app.
5. If a User does not agree to the changed Terms, the User may stop using the Service and delete their Account.

Chapter 15 Governing Law and Jurisdiction

Article 28 (Governing Law)

The formation, effect, interpretation, and performance of these Terms are governed by the laws of Japan.

Article 29 (Severability)

Even if any provision of these Terms, or part of one, is determined to be invalid or unenforceable under law, the remaining part of that provision and the other provisions continue in full force and effect.

Article 30 (Court of Jurisdiction)

1. For any dispute arising between us and a User in connection with the Service or these Terms, the district court having jurisdiction over our location shall be the exclusive court of agreed jurisdiction for the first instance (the specific court has not yet been determined).
2. The preceding paragraph does not limit a consumer's right, where recognized under laws governing consumer contracts, to bring an action before a court having jurisdiction over the consumer's place of residence or similar location.
3. The Service is distributed to Taiwan, South Korea, the United States, Canada, Australia, New Zealand, and Singapore, in addition to Japan. Mandatory laws of a User's country of residence may apply.

Article 31 (Language)

The Japanese-language version of these Terms is the authoritative text. Where a translated version is prepared and differs from the Japanese version, the Japanese version prevails.

Chapter 16 Business Operator Information and Contact

Article 32 (Business Operator Information)

The contact for inquiries regarding the handling of personal information is as described in Privacy Policy, Section 12. Requests from a third party (the Other Party, bereaved family members, etc.) should be directed to the contact in Article 9, Paragraph 5.