Terms of Service

1. These Terms of Service (hereinafter referred to as the "Terms") apply to users (hereinafter referred to as "Users") who use the service "Panacel" (hereinafter referred to as the "Service") operated by Shunkan AI Co. Ltd. (hereinafter referred to as the "Company"). Users agree to these Terms when using the Service.

2. These Terms establish the conditions for using the Service. All users who register for the Service shall comply with these Terms and use the Service in accordance with the conditions set forth herein, based on their age and usage environment.

3. When Users agree to these Terms, a service agreement (defined in Article 2) is established between the Company and the User.

The following terms used in these Terms shall have the meanings set forth below:

1. Individuals who wish to become Users of the Service shall complete the user registration process as specified by the Company after agreeing to these Terms.

2. Users are obligated to immediately update their registration information if any changes occur to the information registered under paragraph 1.

3. The Company may refuse or cancel registration in the following cases:

4. Users may not allow third parties to use, lend, transfer, sell, pledge, or otherwise provide access to their Service account.

1. The Service is a SaaS platform that enables Users to send AI-optimized personalized emails to enhance business efficiency. The main features of the Service include:

2. The Company may use APIs provided by third parties such as OpenAI, Anthropic, Google, or other providers (hereinafter referred to as "External AI Services") when providing the Service features.

3. Data sent to External AI Services by the Company or Users may include personal information such as business card data. However, the providers of such External AI Services stipulate in their terms of service that they will not use submitted personal information for training purposes and will only store and use it for limited purposes such as fraud detection.

4. Users acknowledge that the Service may require integration with External AI Services. The Company shall not be liable for any damages incurred by Users due to disruptions, specification changes, or discontinuation of External AI Services, unless caused by willful misconduct or gross negligence of the Company.

1. Service fees shall be in accordance with the price list established by the Company.

2. Users shall pay Service fees using only the payment methods specified by the Company (such as credit card payment).

3. If there are deficiencies in the payment method registration due to User circumstances, or if payment is not completed, the Company may suspend the Service or take other measures.

1. Users shall provide and maintain all necessary equipment, communication means, and transportation means required to receive the Service at their own expense and responsibility. All communication costs incurred in using the Service shall be borne by the User.

2. Users are responsible for managing their User Information and Communication Devices. Unless due to willful misconduct or gross negligence by the Company, the Company shall not be liable for any damages resulting from insufficient management, misuse, or third-party use of User Information and Communication Devices.

3. If Users suspect that their User Information or Communication Devices may be used by third parties, they shall immediately notify the Company and follow any instructions provided by the Company.

1. The Company may temporarily suspend or modify all or part of the Service when performing system maintenance or other necessary operations.

2. In such cases, the Company shall endeavor to notify Users in advance. However, Users acknowledge that in cases of emergency or necessity, notification may be provided after the fact.

1. Intellectual property rights in User Content (including personal information such as business card data) belong to Users or third parties who legitimately hold such rights, and the Company does not acquire these rights.

2. The Company may store, copy, modify, adapt, or otherwise handle User Content to the extent necessary for providing and operating the Service, providing user support, and improving service quality.

3. When handling User Content under the preceding paragraph, if such content includes personal information, the Company may send it to External AI Service APIs. However, the Company has confirmed that under the terms of service of these External AI Services, personal information sent to them will not be used for training purposes and will only be stored and used for limited purposes such as fraud detection.

4. All intellectual property rights, including copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights, and the rights to register such rights (hereinafter collectively referred to as "Intellectual Property Rights") related to the Service, programs constituting the Service, systems, content on the Company's website, trademarks, and all other information (hereinafter referred to as "Company Content") belong to the Company or its licensors, not to Users. Users shall not reproduce, modify, adapt, reprint, publicly transmit, or perform any other acts regarding Company Content unless explicitly permitted by the Company.

5. If problems arise due to Users' violation of this Article, Users shall resolve such problems at their own expense and responsibility, and shall take appropriate measures to ensure that the Company suffers no disadvantage, burden, or damage.

6. Users shall not exercise their moral rights as authors (including the right of publication, the right of attribution, and the right to maintain integrity) against the Company, third parties who have legitimately acquired rights from the Company, and those who have inherited rights from such third parties, with respect to any part of the posted content that may constitute copyrightable work.

7. Users acknowledge that even after termination of the Service or this Agreement, the Company may continue to use, disclose, or publish data that has been anonymized or aggregated in a way that Users or their affiliates cannot be identified.

1. The Company prohibits Users from engaging in the following actions when using the Service:

2. If the Company determines that a User's actions fall under any of the items in paragraph 1, it may take any or all of the following measures without prior notice:

1. The Company may terminate the Service Agreement and cancel membership without notice if a User falls under any of the following:

2. Users who wish to cancel their membership may do so through the Company's specified procedure.

3. The handling of data after cancellation shall be in accordance with Article 11 and other provisions of these Terms, and the Company may delete User Content after a period specified by the Company. However, the Company is not obligated to maintain backups.

4. Users whose membership is cancelled under paragraphs 1 or 2 shall lose the benefit of time regarding their obligations and immediately fulfill all obligations owed to the Company.

5. In the case of cancellation under paragraph 1, the Company is not obligated to explain the reasons for cancellation to the User. The Company shall not be liable for any damages incurred by Users unless caused by willful misconduct or gross negligence of the Company.

1. Users shall back up data stored in the Service at their own responsibility and expense. While the Company may make operational efforts to back up User Content, it does not guarantee the completeness or continuous storage of such content.

2. The Company provides a contact list export function in CSV format (hereinafter referred to as "Export Function") only to Users subscribed to certain paid plans (as specified by the Company).

3. When Users terminate their use of the Service for any reason, including cancellation, they shall download or save their contact list (in CSV format) at their own responsibility, provided they are subscribed to a paid plan and eligible to use the Export Function. Users of free plans or plans not eligible for the Export Function acknowledge that they may not be able to use the Export Function and shall not make any claims or objections to the Company.

4. Users acknowledge that business card image data and information other than contact lists are not supported by the Export Function, and shall maintain or back up such data separately at their own responsibility and expense if necessary.

5. The Company shall not be liable for any damages incurred by Users due to the deletion of User Content after cancellation or termination of the agreement, unless caused by willful misconduct or gross negligence of the Company. The same shall apply to damages resulting from Users' failure to perform appropriate backup or export procedures.

1. The Company provides the Service "as is" and makes no warranty regarding its content, completeness, accuracy, usefulness, commercial fitness, suitability for Users' specific purposes, or non-infringement of third-party rights.

2. The Company makes no warranty that the Service will be free from interruptions, suspensions, or other disruptions, nor does it guarantee that Users will achieve certain results or benefits from using the Service.

3. The Company shall not be liable for the availability, functionality, accuracy, or continuity of External AI Services or other third-party services and applications that Users may integrate with.

4. The Company shall not be liable for any damages incurred by Users due to their failure to update their registration information.

5. Users shall use the Service within the scope of applicable laws. The Company shall not be liable if Users violate Japanese or foreign laws in connection with their use of the Service.

6. The Company shall not be liable for any non-performance of all or part of the Service Agreement due to force majeure events such as natural disasters, earthquakes, fires, strikes, trade suspensions, wars, civil disturbances, epidemics, or other circumstances beyond its reasonable control.

7. The Company shall not be liable for any disputes between Users (whether within or outside the Service), and such disputes shall be resolved by the Users involved at their own expense and responsibility.

1. If Users violate these Terms or cause damage to the Company in connection with their use of the Service, they shall compensate the Company for any damages incurred (including reasonable attorney fees).

2. Even in cases where Users incur damages due to willful misconduct or gross negligence by the Company, the Company shall only be liable for actual and direct ordinary damages (excluding special damages, indirect damages, lost profits, punitive damages, and attorney fees), and the maximum amount of compensation shall be limited to the total amount of Service fees actually paid by the User to the Company in the 12 months immediately preceding the occurrence of such damages.

3. The Company shall not be liable for any damages incurred by Users due to slight negligence of the Company.

4. The provisions of the preceding paragraphs shall apply to Users who are corporations or business operators. For Users who qualify as consumers under the Consumer Contract Act, these provisions shall apply only to the extent they do not conflict with the Consumer Contract Act and other applicable laws.

5. Except as provided in this Article, the Company shall not be liable for any damages incurred by Users in connection with the Service.

1. The Company may discontinue the Service at its discretion. In such cases, the Company shall endeavor to notify Users at least 30 days prior to the planned discontinuation date.

2. Unless caused by willful misconduct or gross negligence of the Company, the Company shall not be liable for any damages incurred by Users due to the discontinuation of the Service.

1. Users and the Company shall not disclose or leak to third parties any technical or business confidential information (hereinafter referred to as "Confidential Information") learned through the use of the Service or this Agreement without prior written consent from the other party.

2. The Company may use Users' Confidential Information for the purpose of providing the Service.

3. The following information shall not be considered Confidential Information:

4. Users and the Company shall, upon instruction from the other party or upon termination of this Agreement, promptly return or destroy Confidential Information as instructed by the other party after restoring it to its original state, and shall not use it thereafter.

5. Notwithstanding the preceding paragraphs, the Company may continue to use, disclose, or publish data that has been anonymized or aggregated in a way that Users or their affiliates cannot be identified. Such anonymized or aggregated data shall not be considered Confidential Information under this Article. However, the Company shall make reasonable efforts to ensure that Users or their affiliates cannot be identified during the anonymization process.

1. Users and the Company represent and warrant that they currently do not fall under any of the following categories and guarantee that they will not fall under any of these categories in the future: organized crime groups, organized crime group members, persons who ceased to be organized crime group members within the past 5 years, quasi-members of organized crime groups, companies associated with organized crime groups, corporate extortionists, groups engaging in criminal activities under the pretext of conducting social campaigns, crime groups specialized in intellectual crimes, and other persons equivalent to any of the foregoing (hereinafter collectively referred to as "Anti-Social Forces").

2. Users and the Company pledge not to engage in any of the following acts themselves or through third parties:

3. Users and the Company may terminate the Service Agreement without any notice if the other party is found to be Anti-Social Forces, falls under any of the items in paragraph 1, engages in any of the acts in paragraph 2, or makes false statements regarding the representations and warranties based on paragraph 1.

4. Users and the Company confirm and agree that they shall not be liable for any damages incurred by the other party due to termination of the Service Agreement under the preceding paragraph.

1. The Company shall endeavor to respond to inquiries from Users regarding the Service but shall not be obligated to respond unless required by law or these Terms.

2. The Company shall not be obligated to disclose its criteria for determining whether to respond to inquiries from Users.

1. Users and the Company may not assign, transfer, provide as security, or otherwise dispose of their position under this Agreement or their rights or obligations under these Terms to any third party without prior written consent from the other party.

2. However, this shall not apply to transfers of shares, business transfers, mergers, company splits, or other corporate reorganizations.

Personal information in the Service shall be handled in accordance with the "Privacy Policy" established by the Company.

1. Even if any provision of these Terms is deemed invalid based on laws, other provisions shall remain valid.

2. Even if any provision of these Terms becomes invalid or is cancelled in relation to a particular User, these Terms shall remain valid in relation to other Users.

1. Users shall contact the Company if they discover any violations of these Terms.

2. The Company may take measures such as suspending use, cancelling membership, or other necessary measures without prior notice if violations are recognized. Users may not object to the Company's measures.

1. The term of this Agreement shall be from the date Users complete registration for the Service until they cancel their membership or this Agreement is terminated.

2. Even after termination of this Agreement, Articles 8, 10(3) through 10(5), 11 through 13, 15, 16, 18 through 20, this Article, and Articles 23 through 25 shall remain in effect.

1. The Company may change these Terms at any time pursuant to Article 548-4 of the Civil Code in any of the following cases. After changes to these Terms, the Service Agreement shall be governed by the changed Terms:

2. When changing these Terms, the Company shall specify the effective date of the changed Terms and notify Users of the content of the changed Terms and their effective date, or display such information on the Service or through other Company-specified methods, at least two weeks before the effective date.

3. Notwithstanding the preceding two paragraphs, if a User uses the Service after the notification of changes to these Terms as described in the preceding paragraph, or if a User does not complete cancellation procedures within the Company-specified period, such User shall be deemed to have agreed to the changes to these Terms.

These Terms shall be governed by and construed in accordance with the laws of Japan.

The Tokyo District Court shall have exclusive jurisdiction in the first instance over all disputes arising between Users and the Company.

1. Users shall comply with any additional details established separately by the Company regarding matters not provided for in these Terms. In such cases, such details shall form an integral part of these Terms.

2. Such details shall become effective when posted in the Company-designated location.

3. In the event of any conflict between such details and these Terms, these Terms shall prevail.