These Terms of Use (hereinafter referred to as the "Terms") apply to customers (hereinafter referred to as "Users") who use the "howacha" application (hereinafter referred to as the "Application") operated by NAPBIZ CO.,LTD. (hereinafter referred to as the "Company"). Additionally, this Service utilizes "ChatGPT" by OpenAI, and therefore OpenAI's Terms of Use (Terms & policies(openai.com)) also apply. Only customers who agree to these Terms and OpenAI's Terms of Use can use this Service.
By using the Application (entering questions, etc.), the User is deemed to have agreed to these Terms. If the User cannot agree with any part of these Terms, the User cannot use the Application.
The Company may change these Terms at any time due to changes in service content, etc., and in the event of any changes, the Company will display and disclose the changes on the Application. Users must also agree to the content of the revised Terms. If the User continues to use the Application after the Terms have been revised,the User is deemed to have agreed to the revised Terms.

Article 1 (Purpose and Content of the Service)

1. The Application is a chat service utilizing AI technology (hereinafter referred to as the "Service").
2. The Service provides a function to respond based on the content of the text data entered by the User.
3. The Service is basically provided free of charge.
4. Users can use the Service without any special procedure.
5. However, the Company may charge for all or part of the Service in the future. In such cases, the Company will separately determine the fee structure, etc.

Article 2 (User Eligibility)

1. Anyone who agrees to these Terms and the separately established Privacy Policy, regardless of residence, age, etc., can use the Service. A smartphone and communication environment are required.
2. If the User is a minor, the User must obtain consent from their legal guardian, and the legal guardian who has given consent shall jointly bear the responsibilities imposed on the User under this Article.

Article 3 (Termination of Use)

1. Users can terminate the use of the Application at any time without any special procedure.
2. Even if the termination in the preceding paragraph occurs, information related to the content may be stored on the Company's database server, but such information will be deleted after a certain period of time. The Company may also use the stored information to a reasonable extent.

Article 4 (Prohibited Acts)

The following acts are prohibited when using the Application. Users agree not to engage in any of the following acts. The Company shall not be liable for any damages caused to third parties due to prohibited acts and shall not provide any compensation.

1. Using the services provided by the Application for purposes completely unrelated to the intended purpose of the Application, whether for profit or not.
2. Intentionally exploiting any malfunctions in the Application.
3. Infringing on third-party intellectual property rights such as copyrights.
4. Infringing on privacy by entering information that belongs to a third party's privacy on the Application.
5. Collecting, indexing, or extracting content from the systems that constitute the Application.
6. Sending viruses to the Application, sending spam emails, intruding into networks, obstructing access to users' networks, or any other acts that infringe or interfere with the Company's business operations.
7. Decompiling, reverse engineering, or analyzing the source code of the Application.
8. Defaming or damaging the reputation or credibility of the Company.
9. Engaging in acts that violate laws or constitute crimes.
10. Engaging in acts that violate public order or good morals.
11. Other acts that the Company deems significantly inappropriate or improper for the use of the Application.

Article 5 (Links)

1. Users can link to the Application. However, as conditions for linking, users must comply with the following:
   1. ・Do not link in a manner that gives a negative or unfavorable impression of the Application or its content.
   2. ・Do not link to websites that are contrary to public order and morals or promote criminal or illegal acts.
   3. ・Do not link for the purpose of defaming the Company or obstructing its business operations.
2. If the Company deems the link inappropriate or finds any of the above conditions, the Company may request the removal of the link. Please be aware of this in advance.

Article 6 (Disclaimer of Warranties)

The Company does not guarantee the following regarding the provision of the Application to Users:

1. That using the Service is the most appropriate means for obtaining a response or answer to the User's input.
2. That the response or answer obtained based on the User's input will be beneficial to the User or that the content of the response or answer will be accurate.
3. That a response or answer based on the latest information can be obtained for any User input or that a response or answer can be obtained immediately.
4. That the Service can be used continuously, safely, or without any malfunctions.
5. That the Service will continue to be provided free of charge.

Article 7 (Transfer of Rights and Obligations)

Users cannot transfer or engage in any act equivalent to transferring their rights and obligations related to the use of the Application based on these Terms to a third party.

Article 8 (Exemption and Restrictions on Use)

1. In addition to the exemptions stipulated in each article, the Company shall not be liable in the following cases:
   1. ・If the Service is changed, suspended, or stopped due to unavoidable circumstances (including force majeure events such as natural disasters), and the User suffers any disadvantage or damage.
   2. ・If a dispute arises between the User and a third party regarding matters related to the Application.
   3. ・If the User's device or browser is used by a third party, causing any disadvantage or damage to the User.
   4. ・If the User suffers any disadvantage or damage by using the Application.
2. Users must agree in advance that the use of all or part of the Application may be temporarily or permanently restricted if any of the following circumstances occur:
   1. ・If there is a change in the terms of use or other rules of the API integration partner (OpenAI's ChatGPT) that constitutes the Application.
   2. ・If data accumulated on the server from continuous use of the Application exceeds a certain amount and a portion of the data is deleted (in which case the User may not be able to access, use, or restore the deleted data).
   3. ・If a limit is set on the number of times Users can enter questions, etc., on the Application.
3. If JavaScript, style sheets are disabled in the User's browser, or if the User's device's OS or browser version causes malfunctions where part of the Application is not displayed correctly, such malfunctions may occur.
4. If the issues in the preceding paragraph arise, the User shall resolve them on their own.

Article 9 (Damages)

1. If a User violates the prohibited acts stipulated in Article 4 or other provisions of these Terms, and the Company suffers damages, the Company may claim compensation for such damages from the User. The same applies if the User's intentional or negligent act causes damage to the Company.
2. If a User violates the prohibited acts stipulated in Article 4 or other provisions of these Terms, the Company may take measures such as suspending the User's use of the Service, restoring the original state, or prohibiting the violating act against the User. In such cases, the claim in the preceding paragraph shall not be precluded.

Article 10 (Suspension of Service, etc.)

If any of the following circumstances occur, the provision of the Service itself or all or part of the functions of the Application may be suspended or interrupted without notice to each User. The Company shall not be responsible for any disadvantages or damages incurred by Users due to these circumstances.

1. When the Application is updated.
2. When servers, computers, communication lines, etc., are stopped or not functioning due to accidents or other failures.
3. When emergency maintenance of the computer system related to the Application is required.
4. When it is deemed unavoidable to suspend or interrupt the Application for any other reason.

Article 11 (Changes to or Termination of the Service)

The Company may change the service content related to the Application or terminate it as necessary for business operations. In such cases, the Company will notify Users of the change or termination in advance on the Application. However, Users agree in advance that they may not be able to access the Application or receive the Service as before.

Article 12 (Intellectual Property Rights)

1. Users shall not use the Service, software, or the contents included therein without permission from the Company and the rights holders (including reproduction, distribution, transfer, transmission, adaptation, etc.).
2. If the Company's trade name, trademark, or logo is used on the Application, Users shall not use them without the explicit permission of the Company and the respective rights holders in accordance with the Trademark Act, Unfair Competition Prevention Act, and other laws.
3. If any rights recognized by law, such as copyrights, arise from the response content generated based on the User's input, the User shall temporarily acquire such rights, and the User shall transfer them to the Company.
4. Users cannot exercise any moral rights related to the content.
5. Users cannot assert or exercise any rights or property rights against the Company regarding the information entered on the Application.
6. Any disputes regarding intellectual property rights betweenUsers and rights holders or other third parties shall be resolved at the User's responsibility and expense. The same shall apply if a third party makes a claim against the Company for damages, injunction, etc., based on infringement of intellectual property rights.

Article 13 (Data, Personal Information, etc.)

1. When entering questions, etc., on the Application, Users must not enter personal information (including personal information about themselves, such as names, addresses, or any information that can identify an individual, or information that may not identify an individual alone but can be easily cross-referenced with other information to identify the individual), trade secrets subject to confidentiality obligations, corporate secrets, or internal documents.
2. Users must not directly excerpt and enter on the Application the entire or partial content of papers, reports, books distributed or sold to general consumers, etc., that are protected by copyrights or other laws, without permission from the rights holders.
3. If the Company collects data or obtains personal information from Users in the course of operating the Application, the Company will handle such information appropriately in accordance with the separately established Privacy Policy. Please also confirm the Privacy Policy together with these Terms.

Article 14 (Advertisement Display)

Users understand and agree that advertisements from the Company or third parties may be displayed on the Service.

Article 15 (Exclusion of Anti-Social Forces)

The Company refuses to allow the use of the Service by anti-social forces (organized crime groups, members of organized crime groups, associates of organized crime groups, etc.) or their associates. If it is found that a User is an anti-social force or an associate thereof, the Company shall terminate the contract with the User and suspend the User's eligibility. The Company shall not be liable for any disadvantages or damages incurred by the User due to the inability to use the Application.

Article 16 (Severability)

If all or part of the provisions of these Terms are deemed invalid by the Consumer Contract Act or other laws and regulations, the remaining provisions and the remaining part of the invalidated provisions shall remain in effect.

Article 17 (Dispute Resolution)

If there are any disputes, such as differences in factual assertions or legal disputes between Users and the Company regarding the use of the Application, the parties shall attempt to resolve them through consultation in accordance with these Terms, laws, and social norms. Even if there are no relevant provisions, the parties shall first attempt to resolve the issue through mutual consultation.

Article 18 (Matters Supplementary to these Terms)

Users shall agree in advance that any matters related to the Service that are not stipulated in these Terms but are posted on the Application, such as notes, shall have the same effect as these Terms.

Article 19 (Governing Law and Jurisdiction)

The governing law for these Terms shall be the laws of Japan.

Any disputes between Users and the Company regarding these Terms and the Service shall be subject to the exclusive agreed jurisdiction of the district court or summary court with jurisdiction over the defendant's domicile for the first instance.

Article 20 (Governing Law and Jurisdiction for International Users)

These Terms shall be governed by and construed in accordance with the laws of Japan for Users residing outside of Japan as well.

Notwithstanding the provisions of Article 19, Paragraph 2, any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the location of the Company's headquarters for the first instance.

Article 21 (Language)

In the event of any conflict or inconsistency between the Japanese and English versions of these Terms, the Japanese version shall prevail and govern.

Article 22 (Force Majeure)

The Company shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by events beyond its reasonable control, including but not limited to fires, floods, earthquakes, acts of God, wars, riots, terrorist acts, government intervention, or network or system failures.

Article 23 (Compliance with Laws)

Users shall comply with all applicable laws and regulations, including but not limited to those related to consumer protection, data protection, and anti-corruption, when using the Service.

Established on June 03, 2024