OTOKAI Terms of Use

Article 1. Definitions

For the purposes of these Terms, the following terms shall have the meanings set forth below.

“Service” means the OTOKAI application, web services, online or in-person lessons, programs, events, content distribution, and any other related services provided by the Company.

“User” means any individual, corporation, organization, facility, medical, nursing care, educational, governmental, or other institution, or any person affiliated with such entity, who uses the Service.

“Participant” means any person who participates in composition activities, lessons, programs, events, or other activities through the Service.

“Instructor” means the Company or any person designated by the Company who provides lessons, lectures, comments on works, facilitation, or other support through the Service.

“Account” means the registration information and user credentials required to use the Service.

“Generated Music” means music, sound recordings, melodies, accompaniments, rhythms, or other musical elements generated, edited, processed, or presented through the Service using AI or other technologies.

“User Content” means musical works, titles, comments, impressions, text, images, audio, video, and any other content created, selected, edited, stored, posted, shared, or presented by a User through the Service.

“Lesson Records” means records related to the use of the Service, including participation history, responses to assignments, creation history, presentation content, instructor comments, chats, audio or video recordings, and other usage records.

“Personal Information” means names, email addresses, account information, payment information, usage history, audio and video data, and any other information classified as personal information or personally referable information under applicable laws and regulations.

Article 2. Description of the Service

1. The Service provides opportunities for creative activity, social participation, lifestyle engagement, and support for maintaining cognitive function through AI-assisted music composition, music creation, sharing of works, instructor feedback, group lessons, and online or in-person interaction.
2. The Service does not constitute medical practice, diagnosis, treatment, disease prevention, medical advice, rehabilitation, or any substitute for judgment by a medical professional.
3. The Company may change, add, suspend, or terminate the content, functions, method of provision, terms of use, fees, supported devices, supported regions, or other aspects of the Service as necessary.

Article 3. Non-Medical Nature of the Service

1. The Service is a non-medical wellness, creative, learning, and community engagement service that utilizes music and AI.
2. The Service does not guarantee the diagnosis, treatment, prevention, suppression of progression, or improvement of dementia, mild cognitive impairment, depression, developmental disorders, or any other disease or medical condition.
3. If a User or Participant has any concerns regarding their health condition, cognitive function, mental state, physical function, or any other medical matter, the User or Participant shall consult a physician or other qualified professional at their own responsibility.
4. The Company, Instructors, and other persons involved in the Service do not provide medical judgment, diagnosis, treatment plans, medication guidance, hospital visit guidance, nursing care policies, or similar professional advice.

Article 4. User Registration

1. Users shall register for the Service in the manner prescribed by the Company.
2. Users represent and warrant that their registration information is true, accurate, and up to date.
3. If a User is a minor, adult ward, person under curatorship, or person under assistance, such User shall use the Service with the consent of their legal representative, guardian, curator, or assistant.
4. The Company may refuse or cancel registration if it determines that a User falls under any of the following:
   1. The registration information contains false statements, errors, or omissions;
   2. The User has previously been suspended or otherwise sanctioned for violation of these Terms;
   3. The User is or is involved with antisocial forces;
   4. The Company otherwise determines that registration is inappropriate.

Article 5. Account Management

1. Users shall manage their accounts, IDs, passwords, and other credentials at their own responsibility.
2. Users may not assign, lend, share, sell, purchase, pledge, or otherwise dispose of their accounts to or with any third party.
3. The Company shall not be liable for any damages arising from insufficient account management, errors in use, unauthorized third-party use, or similar causes, except in cases of willful misconduct or gross negligence by the Company.

Article 6. Fees and Payment

1. If a User uses any paid portion of the Service, the User shall pay the fees prescribed by the Company.
2. Fees, payment methods, payment timing, cancellations, refunds, and other conditions shall be governed by the descriptions on the Service, application forms, contracts, quotations, or other conditions separately specified by the Company.
3. If a User delays payment, the Company may suspend use of the Service, terminate the agreement, or take any other necessary measures.
4. The Company shall not refund any fees already paid, except where required by law or otherwise approved by the Company.

Article 7. Lessons and Events

1. Dates, times, content, instructors, methods of implementation, participation requirements, and other details of lessons, programs, events, and similar activities shall be determined separately by the Company.
2. Users shall participate in the Service with due respect toward other Participants, Instructors, and Company personnel.
3. Users shall not disclose, publish, or use, without the relevant person’s consent, any personal information, statements, works, health-related information, or other information of other Participants obtained through lessons or events.
4. If a User disrupts a lesson, engages in conduct that causes inconvenience to others, harassment, discriminatory statements, defamation, or any other inappropriate conduct, the Company may suspend or restrict such User’s participation.

Article 8. Treatment of Generated Music and User Content

1. Users may listen to, select, edit, store, present, or share Generated Music through the Service.
2. All copyrights, neighboring rights, patent rights, trademark rights, know-how, and other intellectual property rights relating to Generated Music, systems, programs, databases, user interfaces, algorithms, teaching materials, assignments, lecture materials, and any other content provided by the Company through the Service shall belong to the Company or the rightful rights holder.
3. Rights to titles, comments, impressions, presentation content, and other original expressions created by Users themselves as part of User Content shall belong to the relevant User.
4. Users grant the Company a license to use, reproduce, store, edit, modify, analyze, display, distribute, and share User Content, Lesson Records, and usage information to the extent necessary for providing, improving, researching, developing, quality-controlling, training instructors for, responding to inquiries regarding, publicizing, statistically analyzing, conducting demonstration studies for, and operating the Service.
5. If the Company uses User Content in a manner that identifies an individual for advertising, public relations, case studies, research presentations, or other external communications, the Company shall obtain the individual’s prior consent, except where permitted by law or these Terms.
6. Users shall use Generated Music and User Content only to the extent that such use does not infringe the rights of any third party.
7. The Service does not guarantee that Generated Music or User Content will not infringe copyrights, trademarks, portraits, names, reputations, privacy, or other rights of third parties.

Article 9. Commercial Use

1. Unless expressly permitted by the Company, Users may not commercially use Generated Music, teaching materials, assignments, instructor comments, lesson videos, application screens, or any other content included in the Service.
2. If a User wishes to publish, sell, distribute, use for advertising, screen, post, or otherwise use User Content externally or for commercial purposes, the User shall obtain the Company’s prior approval.
3. Use by corporations, organizations, facilities, local governments, medical, nursing care, educational, or other institutions shall be governed by separate agreements, application forms, quotations, or other conditions separately specified by the Company.

Article 10. Audio Recording, Video Recording, and Records

1. The Company may record, film, document, or store online lessons, in-person lessons, events, presentation content, chats, audio, video, and other information for the purposes of providing the Service, improving quality, training instructors, ensuring safety, responding to inquiries, research and development, demonstration studies, and preventing trouble.
2. By participating in the Service, Users agree that such audio recording, video recording, documentation, and storage may take place.
3. Users may not record, film, photograph, store, publish, distribute, or share with any third party any lessons, events, instructors, other Participants’ audio, video, statements, works, screens, or other content without the prior consent of the Company and all relevant participants.

Article 11. Handling of Personal Information

1. The Company shall handle Users’ Personal Information in accordance with the Company’s separately established Privacy Policy.
2. The Company may acquire, use, and store names, contact information, account information, usage history, creation history, lesson participation history, audio and video data, device information, payment information, inquiry details, and other necessary information to the extent necessary for providing the Service.
3. The Company may use acquired information for providing the Service, identity verification, billing, inquiry response, quality improvement, research and development, statistical analysis, advertising and public relations, demonstration studies, safety management, prevention of unauthorized use, and other purposes set forth in the Company’s Privacy Policy.
4. The Company shall not provide Personal Information to any third party except where required by law, where the individual has given consent, where provision to service providers is necessary within the scope of outsourced operations, or where otherwise permitted by law.
5. The Company may use information processed or aggregated so that individuals cannot be identified for research, analysis, service improvement, public relations, business development, and other purposes.

Article 12. Prohibited Acts

Users shall not engage in any of the following acts when using the Service:

1. Acts that violate laws, regulations, public order and morals, or these Terms;
2. Acts that infringe copyrights, neighboring rights, trademarks, portrait rights, privacy, honor, reputation, or other rights or interests of the Company, Instructors, other Users, or third parties;
3. Defamation, discrimination, threats, harassment, nuisance, or other harmful conduct toward others;
4. Acts that make definitive claims regarding medical diagnosis, treatment, prevention, or other medical effects in relation to the Service or User Content;
5. Acts that use the Service as a substitute for medical practice, diagnosis, treatment, rehabilitation, nursing care planning, medication decisions, or other professional judgment without the Company’s permission;
6. Acts that commercially use, resell, redistribute, lend, reproduce, publish, or distribute the Service or any part thereof without the Company’s permission;
7. Acts that analyze, reverse engineer, scrape, extract data from, use as training data, or use to develop a competing or similar service any part of the Service;
8. Acts that place excessive load on, or make unauthorized access to, the Company’s systems, servers, or networks;
9. Acts of registering or providing false information;
10. Acts of impersonating another person or entity;
11. Acts of publishing or providing to third parties, without consent, another User’s personal information, health condition, statements, works, lesson participation status, or similar information;
12. Acts involving provision of benefits to antisocial forces or other antisocial conduct;
13. Any other acts deemed inappropriate by the Company.

Article 13. Suspension of Use and Termination

1. If a User violates these Terms, or if the Company otherwise determines that it is necessary for the provision of the Service, the Company may, without prior notice, suspend or restrict such User’s use of the Service, delete the account, or terminate the agreement.
2. The Company shall not be liable for any damages incurred by the User as a result of the preceding paragraph, except in cases of willful misconduct or gross negligence by the Company.
3. If the Company incurs damages due to a User’s violation of these Terms, the User shall compensate the Company for such damages.

Article 14. Changes, Suspension, and Termination of the Service

1. The Company may change, suspend, or terminate all or part of the Service in any of the following cases:
   1. When conducting system maintenance, inspection, or updates;
   2. When power outages, communication failures, natural disasters, infectious diseases, accidents, changes in laws or regulations, administrative guidance, or other force majeure events occur;
   3. When failures or specification changes occur in external services, payment services, telecommunications providers, cloud services, or similar services;
   4. When the Company determines that such action is necessary for business, technical, operational, or other reasons.
2. The Company shall not be liable for any damages incurred by Users due to changes, suspension, or termination of the Service, except in cases of willful misconduct or gross negligence by the Company.

Article 15. Disclaimer of Warranties

1. The Company does not warrant any specific effect, outcome, improvement in health condition, maintenance or improvement of cognitive function, prevention of disease, User satisfaction, continued use, device compatibility, completeness, accuracy, usefulness, or non-infringement of third-party rights with respect to the Service.
2. The Company does not warrant that the Service will be free from defects, errors, failures, interruptions, data loss, suspension of external services, or other problems.
3. Users shall use the Service at their own responsibility.

Article 16. Limitation of Liability

1. The Company shall not be liable for any damages incurred by Users in connection with the Service, except in cases of willful misconduct or gross negligence by the Company.
2. Even where the Company is liable, such liability shall be limited to the total amount of Service fees paid by the User to the Company during the three months immediately preceding the occurrence of the cause of the damages, except in cases of willful misconduct or gross negligence by the Company.
3. The Company shall not be liable for any disputes arising between Users or between a User and any third party, except in cases of willful misconduct or gross negligence by the Company.

Article 17. Exclusion of Antisocial Forces

The Company and Users each represent and warrant that they do not fall under any of the following:

1. Being an organized crime group, member of an organized crime group, person related to an organized crime group, or any other antisocial force;
2. Being substantially controlled or influenced by antisocial forces;
3. Having any relationship with antisocial forces involving funding, provision of benefits, transactions, or any other connection;
4. Engaging, directly or through a third party, in violent demands, unreasonable demands beyond legal responsibility, threatening conduct, spreading rumors, using fraudulent means or force to damage reputation or obstruct business, or similar conduct.

If a violation occurs, the Company may immediately suspend use of the Service, terminate the agreement, or take any other necessary measures, and the violating party shall compensate the Company for damages.

Article 18. Prohibition of Assignment

Users may not assign, transfer, pledge, or otherwise dispose of their status under these Terms or any rights or obligations under these Terms to any third party without the Company’s prior written consent.

Article 19. Changes to the Terms

1. The Company may change these Terms as necessary in accordance with applicable laws and regulations.
2. When changing these Terms, the Company shall notify Users of the content of the revised Terms and the effective date by displaying them on the Service, on the Company’s website, or by any other appropriate method.
3. If a User uses the Service after the effective date of the revised Terms, the User shall be deemed to have agreed to the revised Terms.

Article 20. Governing Law and Jurisdiction

These Terms shall be governed by the laws of Japan. Any and all disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 21. Language

These Terms may be prepared in multiple languages. In the event of any discrepancy or inconsistency between the Japanese version and any translated version, the Japanese version shall prevail, unless otherwise required by applicable mandatory law.

Article 22. Good Faith Consultation

The Company and Users shall perform these Terms in accordance with the principle of good faith. If any matter not provided for in these Terms or any question regarding the interpretation of these Terms arises, the parties shall consult with each other in good faith to resolve the matter.