Persona100 Terms of Service

These Terms of Service (“Terms”) set forth the conditions for using “Persona100” (“Service”) provided by CAEN Inc. (“Company”, “we”, or “us”). All users of the Service (“Users”) must read and agree to these Terms before using the Service.

Article 1 (Application and Priority of Japanese Version)

1. These Terms define the rights and obligations between the Company and Users regarding the Service and apply to all use of the Service by Users.
2. If the Company separately establishes a “Privacy Policy” or other policies or guidelines (“Individual Terms”), such Individual Terms constitute part of these Terms regardless of their title.
3. If the contents of these Terms conflict with Individual Terms, the Individual Terms take precedence.
4. These Terms are prepared in Japanese. If an English or other translation is prepared, the Japanese version prevails in case of any discrepancy.

Article 2 (Definitions)

Terms used herein are defined as follows:

1. “Service” means the marketing analysis tool that allows bulk interviews with AI‑driven personas and retrieval of results and aggregate insights provided by the Company.
2. “User” means anyone who agrees to these Terms and uses the Service, whether paid or free.
3. “Registered User” means a User who has registered an account for the Service pursuant to Article 4.
4. “Survey Data, etc.” means interview questions, custom persona settings, uploaded files (including images), AI‑generated persona responses, aggregate insights, sentiment labels, statistical analyses, and other related information entered or uploaded through the Service.
5. “External Services” means third‑party services used by the Company to provide the Service, including OpenAI’s generative AI services, Supabase’s infrastructure/database services, and Stripe’s payment services.

Article 3 (Amendment of Terms)

1. The Company may amend these Terms if any of the following applies:
   1. The amendment benefits Users generally; or
   2. The amendment is reasonable in light of the purpose of the contract, necessity of the change, and the reasonableness of the amended contents and other circumstances.
2. When amending these Terms, the Company will notify Users of the fact of amendment, the amended contents, and the effective date by posting on the Service or other methods deemed appropriate within a reasonable period before the effective date.
3. If a User uses the Service on or after the effective date of the amended Terms, the User is deemed to have agreed to the amended Terms.

Article 4 (Account Registration and Use by Minors)

1. Persons wishing to use the Service shall obtain an account by registering an email address and other information specified by the Company in the prescribed manner.
2. Users must manage and update registration information at their own responsibility so that it is always true and accurate.
3. Users are responsible for properly managing account information (including but not limited to email address, password, and credentials for external authentication services) and must not lend, transfer, change the name of, sell, or otherwise dispose of it to third parties.
4. The Company is not liable for any damage arising from inadequate management, misuse, or use by third parties of account information, except in cases of willful misconduct or gross negligence by the Company.
5. Minors must obtain consent from their legal guardian (parent or similar) before using the Service. If a minor registers an account or otherwise uses the Service, the Company deems that the legal guardian has consented.
6. If the Company determines that a User violates this Article, the Company may, without prior notice, suspend or delete the account or take other measures it deems necessary.

Article 5 (Fees, Payment, and Refunds)

1. Some features of the Service are provided as paid subscription plans (“Paid Plans”). Details, fees, payment methods, and other conditions of Paid Plans are separately determined and displayed on the Service.
2. Users shall pay fees set by the Company via Stripe or other payment providers designated by the Company. Payment information such as credit card details is generally obtained and managed by the payment provider and not directly obtained or stored by the Company.
3. Paid Plans may automatically renew as separately determined by the Company. Users who do not wish to renew must cancel by the next renewal date using the method specified by the Company.
4. Fees already paid are non‑refundable except in cases of willful misconduct or gross negligence by the Company. Fees incurred after renewal are also non‑refundable even if the renewal is canceled.
5. Notwithstanding the preceding paragraph, if the Company reasonably determines that the Service is unusable for a substantial period due to a major failure attributable to the Company, the Company may, at its discretion, provide remedies such as partial refunds, future fee reductions, or free periods. The Company is not obligated to provide such remedies.
6. Users bear responsibility for exchange rate fluctuations, fees charged by payment providers, and fees charged by card issuers or other financial institutions; the Company bears no liability for these.

Article 6 (Service Contents and Nature of AI Functions)

1. The Service provides functions to conduct bulk interview questions to selected personas, obtain responses, sentiment labels, simple statistics, and generate AI‑based aggregate insights. Specific functions are as described on the Service.
2. The Service uses external services, including generative AI provided by OpenAI, to automatically generate persona responses, aggregate insights, and other content.
3. Outputs from generative AI are statistical estimates; the Company makes no warranties regarding accuracy, completeness, usefulness, currency, or fitness for a particular purpose.
4. Persona responses, aggregate insights, and other content generated in the Service do not directly reflect real individuals or actual market research results; they are intended as reference information for marketing hypothesis testing. Users must not treat such content as equivalent to real customer opinions or rigorous statistical findings.
5. Users are solely responsible for decisions and actions (e.g., product/service planning, advertising, pricing) taken using content generated by the Service. The Company bears no liability for resulting damages except in cases of willful misconduct or gross negligence.
6. The Company may change or discontinue AI functions, external services used, or algorithms without prior notice. For fundamental changes or discontinuation, the Company will endeavor to notify Users in advance by reasonable means.

Article 7 (Prohibited Acts)

Users must not engage in any of the following acts or acts reasonably deemed to fall under them:

1. Acts violating laws or public order and morals
2. Criminal acts or acts intended to prepare or facilitate such acts
3. Infringement of intellectual property rights, privacy rights, honor, reputation, or other rights or interests of the Company, other Users, or third parties
4. Inputting or uploading personal information of third parties to the Service without their consent
5. Sending discriminatory, violent, obscene, or otherwise inappropriate content through the Service
6. Conducting surveys, monitoring, or tracking identifiable individuals via the Service
7. Placing excessive load on or interfering with Service servers or networks
8. Reverse engineering, decompiling, disassembling, or otherwise analyzing Service software or systems
9. Intentionally exploiting Service defects
10. Unauthorized reproduction, adaptation, redistribution, sale, or lending of all or part of the Service
11. Using the Service primarily to develop or research competing services in a manner that the Company reasonably judges would unjustly harm its legitimate interests
12. Other acts the Company reasonably deems inappropriate

Article 8 (User Content and Rights)

1. Copyright and other rights to text, images, and other content (including Survey Data, etc.) entered or uploaded by Users are, in principle, retained by the relevant User or rightful owner.
2. Users grant the Company a non‑exclusive, royalty‑free right to store, reproduce, modify (including format changes), publicly transmit, and otherwise use such content as necessary for providing, operating, improving, and maintaining the Service.
3. If the Company determines that content entered or uploaded by a User violates these Terms or may do so, the Company may delete or hide such content.
4. Users may use AI‑generated content in the Service within the scope of their business, subject to these Terms and the terms of external services including OpenAI.

Article 9 (Storage and Deletion of Survey Data, etc.)

1. The Service stores Survey Data, etc. linked to User accounts.
2. While a User account is active, the Company stores Survey Data, etc. so that Users can view it via history or other features.
3. If a User withdraws or deletes an account using the prescribed method, the Company deletes Survey Data, etc. linked to that User from production databases within roughly 30 days after completion of the procedure.
4. Notwithstanding the preceding paragraph, deleted Survey Data, etc. may remain in backups for a certain period for technical or operational reasons (e.g., backups, incident response). Such backups will not be used for regular service provision and will be overwritten or deleted over time.
5. The Company may retain information required by law or for accounting/tax purposes for the period stipulated by such laws, notwithstanding the preceding items. Details on retained information and retention periods are set out in the Privacy Policy.
6. Users wishing to delete Survey Data, etc. shall apply using the prescribed method; the Company will respond within a reasonable scope except for information legally required to be retained.

Article 10 (Integration with External Services)

1. The Company may use External Services to provide the Service. Users acknowledge that they may also need to comply with the terms of such External Services when using the Service.
2. The Company bears no liability for damages arising from suspension, interruption, or specification changes of External Services, except in cases of willful misconduct or gross negligence by the Company.
3. Details on providing information to External Services and overseas transfers are set forth in the Privacy Policy.

Article 11 (Disclaimers)

1. The Company makes no warranties that the Service meets Users’ particular purposes, that it is free from de facto or legal defects (including safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, bugs, or errors), or that information obtained through the Service is accurate.
2. The Company bears no liability for damages arising from causes beyond its reasonable control, including natural disasters, power outages, communication failures, suspension/failure of External Services, system maintenance, or hacking.
3. The Company bears no liability for transactions, communications, or disputes between Users or between Users and third parties.

Article 12 (Limitation of Liability)

1. Even if the Company is liable for damages to a User, except in cases of willful misconduct or gross negligence, the total liability is capped at the total Service fees actually paid by the User to the Company for the three months preceding the month in which the damage occurred.
2. The Company bears no liability, whether foreseeable or not, for special, incidental, indirect, or consequential damages, or lost profits.

Article 13 (Suspension or Deletion of Use)

1. If a User violates or the Company reasonably believes a User may violate these Terms, the Company may, without prior notice, suspend all or part of the Service, temporarily suspend the account, delete registration, or take other measures it deems necessary.
2. The Company bears no liability for damages arising from measures taken under this Article, except in cases of willful misconduct or gross negligence.

Article 14 (Business Transfer, etc.)

If the Company transfers the business related to the Service to another entity (including through corporate split, merger, or other succession), the Company may transfer the status related to the Service, contractual status under these Terms, User information, and all other rights and obligations to the transferee, and Users consent in advance to such transfer.

Article 15 (Governing Law and Jurisdiction)

1. These Terms are governed by the laws of Japan.
2. The Tokyo District Court or Tokyo Summary Court shall have exclusive jurisdiction as the court of first instance for disputes arising between the Company and Users related to or in connection with the Service, depending on the amount in controversy.

End

CAEN Inc.
Representative Director: Shogo Omori
Address: Miyamasuzaka Building 609, 2-19-15 Shibuya, Shibuya-ku, Tokyo 150-0002, Japan