ENSOR - Marketing data analytics

Before using "ENSOR," a SaaS service using generative AI and AI agent technology provided by REHATCH Inc. (hereinafter the "Company") (including services incidental and related to it, hereinafter the "Service"; if the content or name of the service is changed, this includes the service after such change), please read the full text of these Terms of Service (hereinafter these "Terms," including any matters separately agreed between the Company and the user) and the Privacy Policy separately established by the Company, fully understand them, and be sure to agree to them before use. Upon agreeing to these Terms, a usage agreement for the use of the Service in accordance with the provisions of these Terms is formed between the user and the Company.

Article 1 (Definitions)

The terms used in these Terms are defined as follows.

User: an individual or corporation that has entered into a usage agreement for the Service with the Company and uses the Service.
Service: "ENSOR," a SaaS service using generative AI and AI agent technology provided by the Company, and its related services.
User Information: all information that the user provides to the Company when registering as a member of the Service or while using the Service, such as name, company name, email address, password, ID, and settings.

Article 2 (Application of these Terms, etc.)

These Terms set out the rights and obligations relating to the provision and use of the Service and apply to all relationships between the Company and the user.
The Company may change these Terms in the following cases, and the changed Terms will apply.
1. When the change conforms to the interests of users
2. When the change does not contradict the purpose of the agreement and there is a reasonable need for it
When changing these Terms, the Company will notify users of the content of the changed Terms and the time they take effect, and will ask for their consent.
If the Company and the user separately enter into a service usage agreement or other individual agreement (hereinafter an "Individual Agreement"), and the provisions of the Individual Agreement differ from those of these Terms, the provisions of the Individual Agreement prevail.

Article 3 (Handling of Personal Information)

The handling of users' personal information held by the Company (as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information) is governed by the Privacy Policy separately established by the Company.

Article 4 (Handling of Data)

Data provided: In using the Service, the user agrees to send data that the user has separately obtained (meaning advertising delivery data, customer data, sales data, access analytics data, and other business-related data; hereinafter "Acquired Data") to servers managed by the Company (hereinafter the "Company Servers").
Use of data: For the purpose of improving the user's business, the Service processes the Acquired Data with generative AI and provides the results to the user.
Deletion of accounts: When the usage agreement with a user ends, the Company may delete the account created by that user under the next Article (hereinafter the "Account"), and the user agrees to this in advance.
Retention and deletion of data: Data registered in the Account, including Acquired Data (hereinafter "Account Data"), can be deleted through the procedure prescribed by the Company, and will be completely deleted from the Company Servers three months after the Account is deleted. The Company bears no liability for any damage to the user resulting from the deletion of Account Data, except where the Company's conduct involves intent or gross negligence.
Permission to access integrated services: The user, at its own responsibility, permits the systems of the Service to access Integrated Services using the ID, password, and other account information managed by the user.
Use of information: The user permits the Company to use information that the user provides to the Company (excluding personal information) and information such as the user's usage history of the Service, in a form that does not identify the user, for improving the Service, developing new services, and creating and using statistical data.
Management of input data: The user manages the content it inputs into the Service at its own responsibility. The Company bears no liability for any consequences of the user inputting personal information or other confidential information, except where the Company's conduct involves intent or gross negligence.

Article 5 (Member Registration)

A person who wishes to use the Service shall register as a member and create an account by the method prescribed by the Company, and shall agree to these Terms.
The Company may refuse or cancel a member registration if the user falls under any of the following.
1. The user has violated these Terms in the past, or the Company determines that the user has violated or is likely to violate these Terms
2. The user has committed a wrongful act against other users or third parties
3. The user has used the Service improperly
4. The user is involved with antisocial forces
5. The user has infringed the rights of other users
6. The user has provided wrongful or false information when using the Service
7. The Company otherwise determines that it is not appropriate to enter into a usage agreement

Article 6 (Fees)

The Service is basically provided free of charge, but a transition to a paid plan is possible if separately contracted with the Company.
Fees, payment methods, and other matters for paid plans shall be agreed separately in writing.

Article 7 (Changes to and Suspension of the Service, etc.)

If any of the following occurs, the Company may temporarily suspend or change all or part of the Service without prior notice to users.
1. When performing regular or emergency maintenance on the Service
2. When load is concentrated on the system due to excessive access or other unexpected factors
3. When it becomes necessary to ensure the security of users
4. When the services of a telecommunications carrier are not provided
5. When the systems of the Service can no longer access services, websites, or the like necessary to provide the Service (hereinafter "Integrated Services"), or when an Integrated Service suspends or ends the provision of its services
6. When it is difficult to provide the Service due to force majeure, such as natural disasters or changes in laws and regulations
7. Other cases equivalent to the preceding items that the Company deems necessary
The Company bears no liability for any damage to users caused by the measures in the preceding paragraph, except where the Company's conduct involves intent or gross negligence.

Article 8 (Management of the Account)

The user, at its own responsibility, manages the login ID, email address, password, and other information of the Account.
The user may not allow third parties to use the ID and password of the Account, or lend, transfer, buy, or sell the Account.
Acts performed by a third party using the Account are deemed to be acts of the user of the Account.
The Company bears no liability for any damage to the user caused by the disclosure or leakage of the ID or password of the Account to a third party, regardless of intent or negligence, except where the Company's conduct involves intent or gross negligence.

Article 9 (Prohibited Acts)

In using the Service, the user shall not, either itself or through a third party, engage in any of the following acts, and shall not directly or indirectly cause or facilitate any of the following acts.

Acts that violate these Terms, laws and regulations, or public order and morals
Acts that suggest, induce, promote, or recommend illegal, criminal, or antisocial acts
Acts that place an excessive burden on the Company Servers
Acts of unauthorized access to any systems connected to the Service
Acts of multiple users using the same account
Acts of impersonating the Company or other users
Acts of using the ID or password of another user's Account
Acts that interfere with the normal operation of the Service
Other acts that the Company deems inappropriate

Article 10 (Suspension of Use and Other Measures)

If the Company determines that the user falls under any of the following, the Company may, without prior notice or demand, take measures such as suspending the user's use of the Service or terminating the usage agreement. The Company bears no liability for any disadvantage or damage to the user resulting from measures taken by the Company under this Article, except where the Company's conduct involves intent or gross negligence.
1. The user has violated these Terms
2. The user has committed a wrongful act against other users or third parties
3. The user has used the Service improperly
4. The user is involved with antisocial forces
5. The user has infringed the rights of other users
6. The user has provided seriously wrongful or false information when using the Service
7. The user fails to pay all or part of the usage fees charged by the Company by the payment deadline
8. The user has committed, or is likely to commit in the future, an act that violates the preceding Article
9. The user has not responded for 30 days or more to inquiries or other communications from the Company requesting a response
10. Other grounds similar to the preceding items

Article 11 (Termination of the Service)

For its own reasons, the Company may end the provision of the Service and terminate the usage agreement. In this case, the Company will endeavor to notify users in advance.
The user may not object to measures taken by the Company under this Article, and even if any damage is caused to the user as a result, the Company bears no liability, except where the Company's conduct involves intent or gross negligence.

Article 12 (Usage Environment)

In using the Service, the user shall, at its own expense and responsibility, prepare the necessary equipment, software, communication means, and the like, and connect and operate them appropriately.
The user shall take security measures appropriate to its own usage environment, such as preventing computer virus infection, unauthorized access, and information leakage.

Article 13 (User's Liability for Damages, etc.)

If the user violates these Terms and causes damage to the Company, the user is obligated to compensate the Company for the damage incurred (including reasonable attorneys' fees).
The amount of damages payable by the Company to a user is limited to the total usage fees actually paid within the most recent one year going back from the date on which the cause of the damage arose (or 1,000 yen if no usage fees for the Service were received during that period).

Article 14 (Intellectual Property Rights, etc.)

Intellectual property rights and other rights and legally protected interests in the text, images, videos, logos, designs, compositions, programs, source code, and all other content provided by the Company on the Service, the Company's website, and apps provided by the Company belong to the Company or to the third party that legitimately holds such rights.

Notwithstanding the preceding paragraph, the intellectual property rights in deliverables created by the user using the Service belong to the user.

Article 15 (Confidentiality)

The user shall keep confidential all information provided by the Company and use it only for the purpose of using the Service.
Except where disclosure is legally required, the user may not disclose the confidential information set out in the preceding paragraph to a third party without the Company's written consent.

Article 16 (Disclaimer)

The Company bears no liability for any damage to users caused by measures such as adding to, changing, suspending use of, interrupting, or ending the content of the Service, except where the Company's conduct involves intent or gross negligence.
The Company makes no guarantee as to the usefulness, accuracy, or legality of the Service, or as to the achievement of results desired by the user (including certain business performance or revenue improvements).
If the performance of obligations under these Terms is delayed due to circumstances beyond its reasonable control (including, but not limited to, natural disasters, power outages, cyberattacks, intrusion of computer viruses, earthquakes, floods, wars, epidemics, strikes, riots, inability to secure materials or transportation facilities, suspension of services by third parties, or intervention by government authorities), neither the Company nor the user is liable to the other party for non-performance of obligations for as long as that state continues.

Article 17 (Exclusion of Antisocial Forces)

The user represents that, now and in the future, it does not fall under any of the following.

The user itself is not an organized crime group, a company related to an organized crime group, a corporate racketeer, or a person equivalent to these, or a member of any of them (hereinafter collectively "Antisocial Forces")
The user's officers (meaning directors, executive officers, corporate officers, auditors, or persons equivalent to these) are not Antisocial Forces
The user does not allow Antisocial Forces to use its name to enter into this agreement
The user will not, itself or through a third party, engage in the following acts in connection with this agreement
1. Acts using threatening words or deeds, or violence, against the other party
2. Acts of obstructing the other party's business or damaging its credibility by fraudulent means or force

Article 18 (Survival)

The provisions of Articles 3 through 6, Article 8, Article 10, and Articles 13 through 21 remain in effect after the termination of the usage agreement.

Article 19 (Governing Law and Jurisdiction)

These Terms are governed by the laws of Japan, and the Tokyo District Court has exclusive jurisdiction as the court of first instance for all disputes arising in connection with these Terms.

Article 20 (Assignment of Rights and Obligations)

The user may not, without the Company's prior written consent, assign to a third party (including universal succession through a merger, company split, or the like) or offer as security all or part of its position under the Service usage agreement or its rights and obligations based on the Service usage agreement.
If the Company transfers the business relating to the Service to a third party (including universal succession through a merger or company split in which the Company is the disappearing company or the splitting company), the Company may transfer the user's position, rights, and obligations, and the user information provided to it, to the transferee of the business transfer in connection with that business transfer, and the user is deemed to have consented to such transfer in advance in this paragraph. The business transfer referred to in this paragraph includes universal succession through a merger or company split in which the Company is the disappearing company or the splitting company.

Article 21 (Severability)

Even if any provision of these Terms, or any part of it, is held to be invalid or unenforceable, that determination does not affect the other parts, and the remaining parts of these Terms continue in full force and effect. The Company and the user agree to endeavor to secure an effect equivalent to the invalid or unenforceable provision or part in accordance with its purpose, and to be bound by these Terms as amended.
Even if any provision of these Terms, or any part of it, is held to be invalid or unenforceable with respect to a certain user, that does not affect its validity or the like with respect to other users.

Article 22 (Resolution by Consultation)

If any matter not provided for in these Terms arises, or any doubt arises regarding the interpretation of these Terms, the Company and the user shall consult with each other in accordance with the principle of good faith and promptly resolve it.

ENSOR Terms of Service