DELIGHT Assistant Terms of Service

 These Terms of Use (hereinafter "these Terms") stipulate the terms of use of the Service provided by the Company and the rights and obligations between the Company and the User. Use of the Service requires that the User reads the full text of these Terms and consents to these Terms.

1. Applicability

These Terms are for the purpose of setting forth the terms of provision of the Service (defined in Article 2) and the rights and obligations between the Company and the User regarding the use of the Service, and will apply to all aspects of the relationship between the Company and the User pertaining to the use of the Service. The rules, individual provisions, additional provisions, etc. pertaining to the use of the Service posted by the Company on the Company's website (defined in Article 2) will constitute a part of these Terms.

2. Definitions

The following terms used in these Terms will have meanings noted for each. "Service Usage Contract" refers to the usage contract for the Service concluded between the Company and the User under the contractual conditions of these Terms. "Intellectual property rights" refers to copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire said rights and the right to apply for registration, etc. of said rights). "The Company" refers to DELIGHT, Inc. "The Company's website" refers to websites operated by the Company at the domain "https://delight.fit/" and its subdomains, and other websites operated by the Company (including websites following change of website domain or content, for whatever reason). "The User" refers to a corporation or sole proprietor that has been registered as a user of the Service based on Article 3 (Usage Procedures, etc.). "Dedicated phone number" refers to a phone number issued by the Company to a user for the use of DELIGHT Assistant. "Prospective User" refers to a corporation or sole proprietor who wishes to use the Service. "DELIGHT Assistant" refers to a service that uses AI (Artificial Intelligence) to perform response when a call has been received at a dedicated phone number or input has been made in business chat in a website, Facebook, etc. "The Service" refers to the service named "DELIGHT Assistant" developed, operated, and provided to the User by the Company (including the service following a change of name or content, for whatever reason). Details are stipulated in a separate sheet or quotation. "Personal information" refers to personal information stipulated in Article 2 of the Act on the Protection of Personal Information (Act No. 57 of May 30, 2003). "User registration information" refers collectively to the User's personal information, identity verification information, items described in these, and other information registered by the User with the Service. "User Content" refers to content including the content of telephone response provided by the User to the Company, by means specified by the Company. "Response" refers to a processing method by which electronic files are communicated and stored as electronic data on a server or in cloud storage on the Internet, and are used for telephone and business chat response using AI. "Number of responses" refers to the number of responses received by the Service (including not only the number of responses executed but also the total number of responses to telephone calls).

3. Usage Procedures, etc.

In the registration procedure for the Delight Assistant, the Prospective User, after consenting to comply with these Terms and by following instructions for the Service, may apply to begin use of the Service by providing the company with certain information specified by the Company via means specified by the Company. In the case that the Company determines that the usage registration falls under any of the following items, the Company may not approve the registration. Registration may also be canceled even after it has been completed. False or erroneous information has been included in the registered content The individual or corporation is non-existent Registration has been made in the name of another person Registration has been performed for the purpose of letting other parties use the Service without the permission of the Company The Service has been used for an unauthorized purpose The individual or a corporation is found to have had usage registration canceled in the past The User has allowed use to affiliated companies without the permission of the Company The individual or corporation is, has cooperated with, or has been involved with an antisocial influence The User is otherwise deemed by the Company to be unsuitable as a user In the event that the Company does not accept an application for usage registration or cancels a registration (hereinafter "refusal of consent, etc."), the Company will bear no obligation to disclose or explain the reason for refusal of consent, etc. to the applicant, and will bear no liability for any damage incurred by the applicant due to refusal of consent, etc. In the event that changes have occurred to the information entered at the time of usage registration, the User will immediately contact suppor[email protected] to change the registered information. The contract period for the Service will be one year, with the same plan renewed for the same period thereafter indefinitely, unless notification of decline of renewal is made by the User to the Company via means specified by the Company at least two weeks prior to the expiration date of the contract period. The Company will provide the User with a dedicated telephone number specified by the Company, limited to the period of use of the Service.

4. Change of User Registration

Information In the event of changes in the User's registered information, the User will notify the Company regarding the changed information without delay, via means specified by the Company.

5. Usage Fees

The User will pay the initial fee, monthly basic fees, other optional fees, etc. as service usage fees for the Service in accordance with the Usage Fee Table specified separately by the Company and via means separately specified by the Company. Service usage fees and optional fees that do not change according to usage volume of the Service will not be reduced during times in which there is no record of service usage during the contract period of this Contract. As this Contract is not a subcontracting agreement for the purpose of completing specified work, usage fees will be incurred even if the User's work is not completed through the Service. The User will bear expenditures and costs incurred for equipment, supplies, environment preparation, and other additional expenditures necessary for the use of the Service, regardless of the content or amount of these. Replacement of the content of "User Content" will be limited to 10% of the number of FAQs stipulated as the upper limit in the plan. However, this will be one (1) FAQ under the Free Plan. If the upper limit is exceeded, subscription to the Premier Plan will be required, and a separate quote will be provided.

6. Outsourcing

The Company may outsource work related to the Service, in whole or in part, to third parties without the consent of the User.

7. Attribution of Rights, etc.

All intellectual property rights pertaining to the Company's website and to the Service will reside with the Company or to parties who have consented to licensing with the Company, and the consent to the use of the Service based on these Terms will not be construed as consent to the use of the intellectual property of the Company or of parties who have consented to licensing with the Company concerning the Company's website or the Service. The User will use the Service only in the state in which it is provided by the Company, and will not duplicate, modify, change, amend, or adapt the Service. The User will not duplicate, analyze, modify, change, amend, or adapt the Service for which the Company has consented to use, in whole or in part. All intellectual property rights pertaining to User Content will reside with the User. The User consents to the use of User Content within the scope necessary for operation of provision of the Service (including but not limited to duplication, adaptation, public transmission, and the enabling of transmission required therefor; the same applies hereinafter).

8. User Content

The User will bear all responsibility pertaining to User Content that the User has transferred to the Company in connection with the use of the Service. The Company will neither confirm nor make any warrant with respect to the content, quality, accuracy, credibility, legality, newness, utility, etc., of said content. The User will use User Content at the User's own risk and own discretion with regard to the content, quality, accuracy, credibility, legality, newness, utility, etc. of the User Content. The Company will bear no obligation to store User Content, usage logs, etc. generated through the Service. The User acknowledges in advance that the Company may delete User Content, etc. after a certain period of time based on the Company's standards, and that the User Content, etc. may be lost or damaged due to the occurrence of viruses or other force majeure. The User will be responsible for downloading and storing or backing up User Content, etc., with said downloading to include receipt of email. The Company will bear no liability, including restoration of User Content, for any damages incurred by the User due to neglect of said backups. The Company may perform backup of data, etc., including User Content, for reasons of operation of the Service. However, said backups are not for the purpose of protecting the User's data, and even in the event that the Company accedes to the provision of backup data in response to User request, no warranty will be provided with regard to the integrity of the data, etc.

9. Prohibited Matters

In the use of the Service, the User must not perform any of the acts noted below or acts deemed by the Company to correspond to these. In the event that the Company has deemed the User to fall under a prohibited matter, the Company may suspend the use of the Service by the User, cancel the Service Usage Contract, or enact other measures that the Company deems necessary. Acts that violate laws or that are related to criminal acts Acts that violate these Terms The act of using the name of another person or a fictitious name, making false statements, or impersonating a third party The act of using the ID, password, etc. of another User of the Service The act of transferring, buying/selling, pledging, setting as collateral, or letting others use the User's ID, password, etc. Acts that infringe upon the intellectual property rights of the Company or a third party Acts that damage the honor or credibility of the Company or a third party, or acts that unfairly discriminate or slander Acts that infringe upon or may infringe upon the property of the Company or a third party Acts that cause economic damage to the Company or a third party Acts of fraud or threats committed against the Company or a third party Acts that are offensive to public order and decency Provision of gain to antisocial influences The act of using or triggering computer viruses or harmful programs Acts that place excessive load on the network, systems, etc. of the Service Attacks on the servers or systems of the Service The act of attempting to access the Service through means other than the interface provided by the Company Acts that may interfere with the operation of the Service Acts by which a User who has already concluded a Service Usage Contract further applies for the start of usage In addition to the above, acts deemed by the Company to be inappropriate In addition to the cases of the preceding Paragraph, in the event that the Company has deemed any of the items below to apply, the Company may, at its discretion, suspend use of the Service, in whole or in part, by the User. The Company has deemed the action necessary for the operation and the maintenance management of the Service The User is a person under guardianship, a person under curatorship, or a person under assistance, and has used the Service without the consent of the guardian, curator, assistant, etc. The User has died or has been subjected to judgment for the start of guardianship, curatorship, or assistance The Company has deemed that other grounds similar to the previous items exist In the event that the use of the Service has been suspended for the User in accordance with the preceding Paragraph but the grounds for this have not been resolved even though the User has received a notification from the Company with a period set, the Company, by providing notification via means specified by the Company, may cancel the Service Usage Contract and delete information related to the User. In the case that a User who has already signed a Usage Contract has performed multiple User registrations and use of the Service has been suspended or the Service Usage Contract has been canceled for any of the User registrations in accordance with Paragraph 1, the Company may immediately suspend the use of all registrations for the Service deemed by the Company to be those of the User and may cancel the Contract. In the event that use of the Service has been suspended and the Service Usage Contract has been canceled, the User will not be exempted from any debt toward the Company incurred during the period in which the User uses the Service. After cancellation of the Service Usage Contract, the User will not be exempted from any obligations related to actions taken by the User against a partner company or other third party during the period in which the User used the Service (including but not limited to the obligation to make compensation for damages). The Company will bear no liability for any damages incurred by the User or other third parties due to the cancellation of the Usage Contract or accompanying actions in accordance with this Article.

10. Cancellation of Registration, etc.

In the event that the User falls under any of the following grounds, the Company may delete or hide posted data without prior notice or notification and may temporarily suspend the use of the Service by the User or may cancel the registration of the User. The User has violated any provision of these Terms The use of false information for registration has been determined The User has fallen into suspension of payment or insolvency, or petition has been filed for the start of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings The Service has not been used for 12 months or longer The User does not respond to inquiries from the Company or other contact requesting response for 30 days or longer The User falls under the items of Article 3, Paragraph 3 The Company has otherwise deemed the use of the Service or continuation of registration as a User to be inappropriate If the event that the User falls under any of the grounds in the preceding Paragraph, the User will naturally forfeit the benefit of time concerning any debts owed the Company and must immediately pay all debts to the Company.

11. Cancellation of the Service, etc.

The User may cancel the Service Usage Contract via means specified by the Company. Cancellation of the Service Usage Contract will take effect immediately, and the User will no longer be able to use the Service. The Company may, at its discretion, delete all information registered by the User with the Service, including User registration information. In the case of the preceding Paragraph, the Company will not be liable for any damage incurred by the User or a third party due to the cancellation of the Service Usage Contract. The Company may retain a portion of the data provided by the User of the canceled Contract for the purpose of electronic signatures and electronic contracts, in order for the Company and affiliates to comply with statutory safekeeping obligations. In this event, the retained data will not be newly provided to a third party. If the User wishes to again use the Service after canceling the Contract, the User must again perform the procedures to begin use of the Service. The User will consent in advance, without objection, that data prior to the cancellation will not be carried over following the procedures for the restart of usage.

12. Suspension of the Service, etc.

In the event that any of the following matters applies, the Company may suspend or discontinue the provision of the Service, in whole or in part, without prior notice to the User. Performance of urgent inspection or maintenance work on computer systems pertaining to the Service Operation of the Service is not possible due to a failure of computers communication lines, etc., erroneous operation, excessive access, unauthorized access, hacking, etc. Operation of the Service is not possible due to earthquake, lightning strike, fire, wind or flood damage, power outage, infectious disease, natural disaster, or other force majeure The Company has otherwise deemed suspension or discontinuation to be necessary

13. Change / Addition / Termination of the Content of the Service

The Company may, at its convenience, change or add to the content of the Service, or may terminate its provision. In the event that the Company terminates the provision of the Service, the Company will notify the User in advance.

14. Handling of User Information and Confidential Information

The handling of User information by the Company will be according to the Company's Privacy Policy stipulated separately (https://delight.fit/pages/privacy-policy). The User will consent to the handling of User information by the Company in accordance with this Privacy Policy. The Company and the User will handle confidential information (referring to information disclosed by the other party in connection with the Service with confidential handling specified, and User Content uploaded by the User to the Service) under obligation of diligent care and will not provide, disclose, or leak said information to a third party without consent in writing or by electronic means. However, this will not apply in cases in which disclosure, etc. is required by law. Information that falls under any of the following items does not fall under confidential information. Information that is publicly known at the time of disclosure Information that became publicly known following disclosure, for reason not attributable to the fault of the recipient Information that was legitimately held by the recipient prior to disclosure Information that was independently obtained by the recipient without the use of confidential information Information that was legally obtained by the Company and User from a third party holding rights Information that has been confirmed by the Company and the User in writing or by electronic means to the effect that confidentiality is not necessary The Company will not use confidential information disclosed by the User for any purpose other than provision of the Service. The Company must not allow leaks of confidential information and must not disclose Confidential Information to a third party without prior consent in writing or by electronic means. However, the Company may perform disclosure to those parties specified in the following items. Its own officers and employees, within the scope objectively and rationally necessary for the execution of the purpose Professionals bearing obligation of legal confidentiality, such as attorneys and certified accountants Third parties to which the disclosing party has given prior consent in writing or by electronic means Subcontractors of the Company and the subcontractors of these subcontractors (provided that these are placed under obligation of confidentiality that is not less than the obligation of confidentiality borne by the Company under this Contract) The disclosure of confidential information will not be construed as consent to implementation or transfer of rights to the confidential Information by the other party. The Company and the User will destroy all confidential information received from the other party by a commercially reasonable method if requested by the other party or upon the termination of this Contract. When the disclosure of confidential information has been requested by a judiciary or administrative agency, the Company and the User will promptly notify the disclosing party of this fact, and if requested by the disclosing party, will disclose the confidential information after making efforts to narrow the scope of its disclosure.

15. Disclaimers and Repudiation of Warranty

The Company will bear no liability for any damages incurred due to changes to the content of the Service or through its discontinuation or termination. The User will use the Service after appropriately preparing the environment and equipment necessary for use (including but not limited to Internet lines and devices/hardware such as PCs and smartphones), at the User's own responsibility and expense. The Company will have no involvement in and will bear no responsibility for the User's environment for the usage of the Service. The Company makes no warranty to the effect that the Service will conform to the specified purposes of the User, that the Service will offer the expected functions, commercial value, accuracy, and utility, and that no faults will arise through the use of the Service by the User. The Company makes no warranty to the effect that the Service is compatible with all information terminals. The User acknowledges in advance that faults may arise in the operation or use of the Service in conjunction with upgrades to the OS of information terminals used with the Service, etc. The Company makes no warranty to the effect that, in the event that such faults arise, these will be resolved through modification to programs, etc. carried out by the Company. The Company makes no warranty with respect to the User regarding the integrity of electronic signatures and electronic contracts in the use of the Service. The Company will bear no liability for any damages incurred directly or indirectly by the User through the use of the Service. The Company will bear no liability for opportunity losses, business interruptions, or other damages (including but not limited to indirect damages and loss of profits) incurred by the User or other third party (the same applies hereinafter in this Article), even in the event that the Company was notified in advance of the possibility of such damages. The provisions of Paragraph 1 to Paragraph 9 of this Article will not apply in the event that intent or gross negligence resides with the Company, or in the event that the Usage Contract corresponds to a consumer contract under the Consumer Contract Act, and the Company will bear liability only for those damages incurred by the User that are direct and ordinary damages (excluding loss of profits, loss of business opportunities, loss of data, indirect damages, special damages, consequential damages, and incidental damages) actually incurred by the User due to intentional acts of acts of gross negligence by the Company. However, the amount of compensation for damages borne by the Company toward the User will be limited to the total amount of the usage fees for the Service actually received from the user for a period that extends back to six (6) months from the time when the causes of the damages occurred. In the event that a dispute has arisen with a third party in connection with the use of the Service, the User will make compensation for the damages or will resolve the dispute at the User's own responsibility and expense, and will confer no inconvenience or damages upon the Company. In the event that the Company has been subjected to claim for compensation for damages, etc. from a third party due to actions by the User, the User will resolve the matter at the User's own expense (including but not limited to attorney's fees). In the event that the Company has paid compensation for damages to the third party, the User will pay to the Company all expenses (including but not limited to attorney's fees and lost profits), including the amount of the compensation for damages. In the event that the User has caused damage to the Company in connection with the use of the app or the Service, the User will make compensation for damages (including but not limited to legal fees and attorney's fees) to the Company at the User's own expense and responsibility.

16. Exclusion of Antisocial Influences, etc.

The Company prohibits the use of the Service by antisocial influences, etc. In the event that the Company has determined that the User falls under or is involved with antisocial influences, etc., the Company may suspend provision of the Service and may cancel the Usage Contract without advance notification to the User. The Company will bear no liability for any damages or disadvantage incurred by the User due to suspension of provision or due to cancellation of the Usage Contract in accordance with this Article.

17. Changes to these Terms

The Company may change these Terms if recognized as necessary by the Company. In the event of changes to these Terms, the Company will provide advance notification of the content of these Terms following the change and the date on which the changes go into effect, via posting on the Company's website or other appropriate means. However, in the event of changes that by law require the consent of the User, the Company will obtain the consent of the User via means specified by the Company. In the event that the User has used the Service on or after the date specified in the notification, the User will be deemed to have consented to the changed Terms, unless said effect is denied by law.

18. Contact or Notification

Inquiries regarding the Service and other contact or notifications from the User to the Company, and notifications regarding changes to these Terms and other contact or notifications from the Company to the User, will be made via means specified by the Company. In the event that the Company has made contact or notification to the email address or other contact destination included in the registered items, the Company will deem the User to have received said contact or notification.

19. Transfer of Status, etc.

The User may not assign, transfer, set as collateral, or otherwise dispose of the status under the Usage Contract or rights and obligations in accordance with these Terms to a third party without the prior written consent of the Company. In the event that the Company has transferred business pertaining to the Service to another company, status under the Usage Contract, rights and obligations in accordance with these Terms, the User's registered items, and other customer information may be transferred to the recipient of the business transfer, and the User will provide prior consent to such transfer in this Paragraph. Transfer of business as stipulated in this Paragraph will include not only ordinary transfer of business but also company splits and any other cases in which the business is transferred.

20. Complete Agreement

These Terms constitute complete agreement between the Company and the User regarding the matters contained in these Terms, and take precedence over any prior agreements, statements, and understandings, whether oral or written, between the Company and the User regarding the matters contained in these Terms.

21. Separability

In the event that any provision of these Terms or a part thereof has been judged invalid or unenforceable by the Consumer Contract Act or by other laws and regulations, the remaining provisions of these Terms, and the remaining part(s) of the provision(s) judged invalid or unenforceable, will remain in full force.

22. Language, Governing Law, and Jurisdiction

The official text of these Terms and the Service Usage Contract will be in Japanese. In the event of a discrepancy between the translated version and the Japanese version of these Terms and the Service Usage Contract, the Japanese version will take precedence.  The governing law of these Terms and the Service Usage Contract will be the law of Japan. The Tokyo District Court will serve as the jurisdictional court of first instance for all disputes arising from or related to these Terms or the Service Usage Contract.

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Established May 1, 2020