Terms of Service

This is an English translation provided for convenience. The Japanese version (利用規約) is the official text; if there is any conflict between the two, the Japanese version prevails.

Article 1 (General Provisions and Scope)

These Terms of Service (these "Terms") constitute a legal agreement between Pluralworks LLC, a limited liability company (gōdō kaisha) established under the laws of Japan ("we," "us," or "our"), and each User (as defined below).

These Terms set out the conditions for the use of Emopi, an AI-powered app for self-care and communication with the people you care about (including its related websites, the "Service"), between us and every customer who uses the Service (each, a "User").

A User is deemed to have agreed to all of these Terms when the User begins using the Service (including completing account registration).

The Privacy Policy and any other guidelines and rules we post on the Service or on the Service's website form part of these Terms.

Article 2 (Definitions)

The following terms are used in these Terms.

• "Pair": the relationship between two Users connected by mutual consent through the Service's invitation feature.
• "Content": any data a User enters, sends, or uploads through the Service (journal entries, messages, inputs about feelings and state, and similar data).
• "AI-Generated Information": information the Service's AI features generate from Content and other data (summaries, condition indicators, phrasing suggestions, hints, and similar information).
• "Sharing Settings": the settings by which a User chooses which of the User's mood, energy, and care hints are shared with the other member of the User's Pair.
• "Stores": the platforms that distribute the Service's applications, such as the App Store operated by Apple Inc. and Google Play operated by Google LLC.

Article 3 (Formation of the Agreement; Conditions of Use)

3.1 Account registration

A service agreement for the Service is formed when a prospective user registers an account by the method we prescribe and we approve the registration.

3.2 Refusal of registration

We may refuse registration or use if the User is a member of an anti-social force or similar group, has previously violated these Terms, or if we otherwise determine the registration to be inappropriate.

3.3 Age requirement (18 or older)

The Service is intended for people 18 years of age or older. People under 18 may not use the Service. By registering an account, the User represents and warrants that the User is 18 years of age or older.

Article 4 (Account Management)

4.1 Responsibility for management

Users shall appropriately manage their account credentials (including passwords and authentication tokens) at their own responsibility.

4.2 Disclaimer for unauthorized use

If someone signs in with registered credentials, we treat the use as use by the User who registered the account. We are not liable for damages arising from theft or unauthorized use of credentials, except in cases of our willful misconduct or gross negligence.

Article 5 (Fees and Payment)

5.1 Fees

The basic features of the Service are available free of charge. If we offer a paid plan or paid features, the content, term, and price are shown in the app and on the Store purchase screen at the time of purchase. Displayed prices include consumption tax and other taxes where applicable.

5.2 Payment method

Purchases of and payments for paid plans are made through App Store or Google Play in-app purchases. We do not directly collect credit card information or offer credit card payments outside the Stores. In addition to these Terms, the terms and policies of the Store used for the purchase apply to payment.

5.3 Free trials

If a free trial is displayed and the User satisfies the eligibility requirements set by the Store, the User may use the paid plan without charge for the displayed period. Unless canceled before the trial ends, the trial automatically converts to the displayed paid plan and the Store charges the applicable fee.

5.4 Automatic renewal and cancellation

A subscription automatically renews for the same term unless the User cancels it by the deadline prescribed by the Store used for the purchase. Cancellation (stopping future automatic renewal) must be completed through the Store's subscription management screen. Uninstalling the app or deleting an Emopi account does not cancel a subscription. After cancellation, the paid plan may remain available through the end of the paid term in accordance with the Store's rules.

5.5 Returns and refunds

Because the Service is digital, purchases are not returnable and no prorated or other refund is provided after a purchase is completed, except where required by law or permitted by the policy of the Store used for the purchase. Refund eligibility, conditions, applications, and processing are governed by each Store's policies and procedures. To request a refund, use the refund request process of the Store where the purchase was made. We do not process refunds individually outside the Stores. This does not apply where applicable law requires otherwise or where a Store directs the User to contact us.

5.6 Changes to fees or plans

We may change the content or price of a paid plan. We provide advance notice or display of changes affecting an existing subscription in accordance with applicable law and Store rules. A changed price applies from the time prescribed by the relevant Store.

Article 6 (Important Notices About AI Features)

6.1 Nature of AI-Generated Information

The Service uses generative AI technology to provide AI-Generated Information such as summaries, condition indicators, and phrasing suggestions. AI-Generated Information is generated automatically, and we do not guarantee its accuracy, completeness, usefulness, or fitness for any particular purpose.

6.2 Disclaimer of medical services

The Service is not a medical device and is not intended to diagnose, treat, or prevent any disease. Nor does it provide medical care, psychological counseling, or any comparable professional service. AI-Generated Information is not provided as medical advice and cannot be used as a substitute for such professional services. If you continue to feel unwell physically or mentally, please consult a doctor or other professional.

6.3 Emergencies

The Service does not provide emergency response (such as responding to a risk of harm to self or others, or crisis intervention). In an emergency, immediately contact the police, fire and ambulance services, a medical institution, or a public counseling service.

6.4 Final decisions rest with the User

The final decision on whether to use AI-Generated Information, whether to share mood, energy, or care hints available in the Sharing Settings with the other member of a Pair, and whether to send a message rests entirely with the User.

Article 7 (Content Sharing and the Pair Feature)

7.1 Sharing scope

Journal entries and conversations with the AI are not shared with the other member of a Pair through the Service. Information shared with the other member is limited to the mood, energy, and care hints the User selects in the Sharing Settings.

7.2 Handling of shared information

Users shall not disclose, publish, or repost information shared by the other member of their Pair to any third party without that member's consent.

7.3 Ending a Pair

Users may end a Pair at any time. After a Pair ends, no further information is shared. The handling of information already shared with the other member before the Pair ended is as we prescribe.

7.4 Reporting and blocking

Users may report interactions with the other member of their Pair or the content of AI-Generated Information to us through the in-app reporting feature or the contact listed at the end of these Terms. We review reports and, where we deem it necessary, take appropriate measures such as issuing warnings, restricting use, or suspending or deleting accounts.

Users may block a specific person so that they no longer receive invitations from that person. The blocked person is not notified of the block.

Article 8 (Prohibited Conduct)

Users must not engage in any of the following conduct.

• Conduct that violates laws or public order and morals, or that relates to criminal activity
• Conduct that infringes the intellectual property rights, privacy, honor, or other rights of us, other Users, or third parties
• Harassment of the other member of a Pair or any other person, coercing surveillance, coercing changes to Sharing Settings, or otherwise pressuring another person to disclose information against their will
• Sending content that is discriminatory, violent, or obscene, that encourages self-harm or harm to others, or that may endanger others
• Using the Service while impersonating a third party
• Placing an excessive load on the Service's network or systems
• Except where permitted by law, reverse engineering, decompiling, or analyzing the source code of the Service, or using the Service to develop or research competing services
• Using automated tools (bots, scraping, and the like) that we have not authorized
• Transmitting or spreading computer viruses, malware, or other harmful programs
• Providing benefits to anti-social forces or similar groups

Article 9 (Suspension of the Service)

We may suspend or interrupt all or part of the Service without prior notice to Users in any of the following cases.

• When urgent system maintenance, inspection, or updates are needed
• In cases of force majeure such as fire, power outage, or natural disaster
• When an external service (AI-related services, cloud services, Stores, and the like) experiences a failure, changes its specifications, or stops being provided
• When we otherwise determine it to be necessary

We are not liable for damages incurred by Users due to such suspension or interruption, except in cases of our willful misconduct or gross negligence.

Article 10 (Ownership of Rights and Handling of Data)

10.1 Our rights

All intellectual property rights in the Service belong to us or to those who have licensed them to us.

10.2 License to User Content

Rights in Content belong to the User. The User grants us a non-exclusive, royalty-free permission to reproduce, transform, transmit, and otherwise use Content, and to have our processors handle it, only to the extent necessary to provide and maintain the Service, protect its security, and generate AI-Generated Information used by the User. This permission is limited to the territories and period needed to provide the Service. Handling after termination is governed by the Privacy Policy.

10.3 Use of external AI services

We use AI services provided by external providers to generate AI-Generated Information. The handling of personal information and Content in such cases is governed by the Privacy Policy.

10.4 Feedback

We may freely use, without charge or restriction, any opinions, requests, improvement suggestions, or other feedback Users provide to us.

Article 11 (Deregistration and Termination)

We may suspend or delete an account if the User violates these Terms. Except where immediate action is necessary, we provide a reasonable opportunity to cure or advance notice of the measure, as appropriate to the violation. If we delete an account because it has not been used for 12 months or more, we provide reasonable advance notice to the registered email address or by another appropriate method.

Users may delete their account and withdraw from the Service at any time through the in-app settings. For how to request deletion when you cannot access the app, and for the scope of deletion, seeAccount Deletion. Deleting an Emopi account and canceling a Store subscription are separate procedures. Before deleting an account, the User should cancel the subscription through the Store used for the purchase where necessary. Deletion and limited retention of User data after termination are governed by the Privacy Policy.

Article 12 (Disclaimer of Warranties; Limitation of Liability)

12.1 "As is"

We make no warranty, express or implied, that the Service is free of factual or legal defects (including defects, errors, and bugs relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security, and including infringement of rights).

12.2 Disclaimer regarding relationships

The Service does not guarantee any particular outcome, such as an improvement in the relationship between a User and the people the User cares about. We are not responsible for communication between Users or its results.

12.3 Cap on damages

Even where we are liable to a User for damages, except in cases of our willful misconduct or gross negligence, or where the Consumer Contract Act or another mandatory law does not permit a limitation of liability, the scope of our liability is as follows.

• Users on a paid plan: capped at the total fees paid in the 12 months up to and including the month in which the damage occurred.
• Users on the free plan: limited to direct and ordinary damages actually incurred, capped at 1,000 yen.

12.4 Disclaimer of special damages

We are not liable for damages arising from special circumstances, lost profits, or indirect damages, whether or not foreseeable, except in cases of our willful misconduct or gross negligence.

12.5 Indemnification by the User

If a third party makes a claim or demand against us arising from a User's intentional or negligent violation of these Terms or unlawful use of the Service, the User shall resolve it at the User's own responsibility and expense and compensate us for ordinary and direct damages we actually incur.

Article 13 (Store Provisions)

These Terms are concluded between us and the User, and not with Apple Inc., Google LLC, or any other Store operator. Each Store's terms also apply to use of the Service, and the User must not violate them.

13.1 If obtained through the App Store

• We grant the User a non-transferable license to use the Service on Apple-branded products the User owns or controls, as permitted by the Apple Usage Rules.
• We, not Apple, are responsible for maintenance and support. If the Service fails to conform to an applicable warranty, the User may notify Apple, and Apple will refund the purchase price where applicable. To the maximum extent permitted by law, Apple has no other warranty obligation.
• We, not Apple, are responsible for addressing product liability, regulatory, consumer-protection, and other claims relating to the Service or its use, and claims that the Service infringes a third party's intellectual property rights.
• The User represents and warrants that the User is not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and is not listed on a U.S. Government prohibited or restricted parties list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon the User's acceptance, have the right to enforce these Terms against the User.

Article 14 (Handling of User Information)

We handle Users' personal information appropriately in accordance with the separately postedPrivacy Policy.

Article 15 (Changes to These Terms)

We may change these Terms in accordance with the Civil Code and other applicable law where the change is in the general interests of Users, or where it is reasonable in light of the need for the change, the appropriateness of the changed terms, the purpose of the agreement, and other relevant circumstances.

When we change these Terms, we announce the changes and their effective date before that date by posting in the Service or on our website, by email, or by another appropriate method. If applicable law requires the User's consent to a change, we obtain consent by the prescribed method.

Article 16 (Severability)

Even if part of these Terms is held invalid under law, the remaining provisions remain in effect.

Article 17 (Governing Law and Jurisdiction)

These Terms are governed by the laws of Japan, and the Tokyo District Court has exclusive jurisdiction in the first instance over disputes relating to the Service. This does not restrict any mandatory law or jurisdiction rule applicable in the User's place of residence.

Contact

For inquiries about these Terms, please contact:

Pluralworks LLC
Address: 3-3-13 Nishi-Shinjuku, Shinjuku-ku, Tokyo 160-0023, Japan
Email: support@emopi.app

The official text of these Terms of Service is the Japanese version. If there is any conflict between a translated version and the Japanese version, the Japanese version prevails.