Terms of Service

Article 1 (Application)

1. These Terms apply to all relationships between the Company and Users concerning the use of the Service.
2. Guidelines, notices, price lists, individual provisions, and other conditions that the Company separately sets out in the Service or on the Company's website form part of these Terms.
3. If the contents of these Terms differ from those of an Individual Agreement, application form, quotation, or individual provision, the Individual Agreement, application form, quotation, or individual provision prevails, unless otherwise provided.

Article 2 (Definitions)

The terms used in these Terms have the following meanings.

1. "Service" means the service provided under the name AIRI that offers AI-powered phone answering, inbound calls, outbound calls, call recording, transcription, summaries, sentiment analysis, call history management, call analytics, reporting, knowledge integration, and other related features.
2. "User" means a corporation, sole proprietor, organization, municipality, or other party that agrees to these Terms and uses the Service.
3. "End User" means a caller, call recipient, inquirer, customer, resident, or other third party with whom the User interacts by telephone through the Service.
4. "Call Data" means call audio, recording data, transcription data, summaries, sentiment analysis results, response histories, call logs, tags, notes, and other call-related information obtained, generated, or stored through the Service.
5. "Registered Information" means the company name, organization name, contact person's name, email address, phone number, address, billing information, and other information that the User provides to the Company when applying for, registering for, contracting for, using, or making inquiries about the Service.
6. "Sales Support Company" means a company entrusted by the Company to conduct sales support, referrals, application guidance, first-line response, and other sales support services for the Service, including ENKA株式会社.

Article 3 (Contents of the Service)

1. The Service is a service that uses AI to help make phone-answering operations more efficient.
2. The specific features, fees, plans, scope of availability, support, and other terms of provision of the Service are as set out on the Company's website, the application screen, the price list, quotations, application forms, or Individual Agreements.
3. The Company may change, add to, or discontinue all or part of the Service for quality improvement, feature improvement, security assurance, legal compliance, or other necessary reasons.
4. The Service includes automated responses, transcription, summaries, analysis, and other processing performed by AI. By their nature, AI outputs are not guaranteed to always be accurate, complete, up to date, or fit for the User's purposes.
5. The User shall, as necessary, review, correct, and exercise its own judgment on AI response results, summaries, analysis results, and other information obtained from the Service.

Article 4 (Formation of the Service Agreement)

1. For Starter, Basic, Business, Pro, and any other plan the Company designates as available for web application, an agreement for use of the Service (the "Service Agreement") is formed between the Company and the User when the prospective user enters the required information on the Company's prescribed application screen, submits the application after agreeing to these Terms and the related conditions, and the Company accepts that application.
2. For Enterprise, Gov, and any other plan the Company designates as subject to individual quotation or individual contracting, no Service Agreement is formed merely by an inquiry, consultation, interview, or request for materials. The Service Agreement is formed when the conditions are finalized by a quotation, application form, purchase order, contract, or other method designated by the Company, and the Company accepts the application.
3. Even where a Sales Support Company conducts referrals, guidance, or first-line response for the Service, the Service Agreement is formed between the User and the Company, unless otherwise provided.
4. The Company may decline an application if it determines that the applicant falls under any of the following:
   • the application contains false statements, errors, or omissions;
   • the applicant has previously violated these Terms or a contract with the Company;
   • there is doubt about the applicant's ability to pay the fees;
   • the applicant falls under, or may be involved with, anti-social forces or the like;
   • the intended use of the Service may violate laws, public order and morals, or these Terms; or
   • the Company otherwise reasonably determines that providing the Service is inappropriate.

Article 5 (Account management)

1. The User shall properly manage, at its own responsibility, account IDs, passwords, authentication credentials, and other information necessary for using the Service.
2. The User shall not lend, assign, share, sell, or provide as security its account to or with any third party.
3. Any act performed using the User's account is deemed an act of that User; provided, however, that this does not apply where the act results from causes attributable to the Company.
4. If the User becomes aware of unauthorized use or leakage of its account, or any risk thereof, the User shall promptly notify the Company.

Article 6 (Fees and payment)

1. The fees for the Service are as set out on the Company's website, the application screen, the price list, quotations, application forms, or Individual Agreements.
2. Fees for web-application plans may consist of a monthly base fee, pay-as-you-go charges for calls exceeding the free or included calls, option fees, initial fees, and other fees set by the Company.
3. The User shall pay the fees for the Service in accordance with the payment method and payment timing designated by the Company.
4. Bank transfer charges, communication charges, internet connection charges, device costs, call-forwarding costs, and other costs necessary for using the Service are borne by the User, unless otherwise provided.
5. If the User delays payment of fees, the User shall pay late-payment damages at an annual rate of 14.6%; provided, however, that if a restriction exceeding this applies under applicable law, such law will be followed.
6. If the User delays payment of fees, the Company may suspend the provision of all or part of the Service.
7. The handling of cancellations after the start of use, refunds, and pro-rata settlement is as set out on the application screen, the price list, quotations, application forms, Individual Agreements, or the Legal Notice under the Act on Specified Commercial Transactions (Japan).

Article 7 (Plan changes and cancellation)

1. The User may request a plan change or cancellation by the method prescribed by the Company.
2. The effective timing of plan changes, fee differences, excess charges, minimum usage periods, cancellation cut-off dates, contract renewal, the data-viewing period after cancellation, and other conditions are as set out on the Company's website, the application screen, the price list, quotations, application forms, or Individual Agreements.
3. Even if the User cancels partway through the contract period, the User is not released from the obligation to pay fees that have already accrued, unless otherwise provided.
4. The retention period, deletion method, and availability of export for Call Data, Registered Information, and other data after cancellation are governed by the conditions separately set out by the Company or by the Individual Agreement.

Article 8 (Phone numbers and communication environment)

1. Use of the Service may require a phone number, call forwarding, communication lines, an internet connection, devices, a browser, and other environments.
2. The User shall, at its own responsibility and expense, prepare and maintain the communication environment, devices, browser, call-forwarding settings, and other usage environments necessary for using the Service.
3. Forwarding of existing phone numbers, issuance of new numbers, inbound and outbound call settings, integration with external communication services, and other configurations are subject to the procedures, specifications, restrictions, and screening of the Company or of providers designated by the Company.
4. If use of the Service is impaired due to failures, specification changes, suspension of provision, restrictions, or screening results of telephone companies, telecommunications carriers, cloud services, external AI services, or other third-party services, or due to other causes beyond the Company's reasonable control, the Company is not liable, except where the impairment results from causes attributable to the Company.

Article 9 (User responsibilities)

1. In using the Service, the User shall comply with laws, industry guidelines, internal rules, contracts between the User and End Users, privacy policies, and other applicable rules.
2. When handling End Users' personal information, call audio, inquiry details, or other information through the Service, the User shall, at its own responsibility, give the required notice or public announcement of the purposes of use, announce that calls are recorded, obtain consent, establish a contact point for inquiries, and take any other measures required by law or by operational needs.
3. The User shall ensure the accuracy, legality, currency, and appropriateness of the knowledge, FAQs, scripts, prompts, response contents, prohibited expressions, escalation conditions, and other information the User configures in the Service.
4. When using the Service in areas requiring advanced judgment, such as medicine, law, finance, life, body, property, administrative dispositions, or the determination of rights and obligations, the User shall not allow final decisions to be made by AI automated responses alone, and shall put in place human review, expert review, or an appropriate escalation framework.
5. The User shall resolve, at its own responsibility and expense, disputes with End Users or other third parties arising in connection with the business, operations, products, services, or customer service for which the User uses the Service; provided, however, that this does not apply where the dispute results from causes attributable to the Company.

Article 10 (Handling of Call Data)

1. The Company obtains, stores, processes, analyzes, displays, outputs, or deletes Call Data to the extent necessary to provide the Service.
2. Where Call Data contains personal information, its handling is governed by the Privacy Policy separately established by the Company and by Individual Agreements.
3. The Company handles Call Data entrusted to it by the User in accordance with the contract with the User, these Terms, the Privacy Policy, and applicable laws, to the extent necessary to achieve the purposes of use.
4. The Company may use information that has been statistically processed, aggregated, or anonymized so that individuals cannot be identified for the Company's business purposes, such as quality improvement, feature improvement, statistical analysis, research and development, and preparation of sales materials; provided, however, that where this is restricted by an Individual Agreement or by law, those provisions are followed.
5. Where the Company uses the User's Call Data for additional training of AI models, retraining, creation of evaluation data, or other similar purposes, the Company will, in accordance with laws and Individual Agreements, obtain the User's consent or a separate agreement as necessary.

Article 11 (Use of external services)

1. In providing the Service, the Company may use external services for speech recognition, speech synthesis, natural language processing, AI response generation, telephone communication infrastructure, cloud infrastructure, payment, access analytics, and other purposes.
2. The names of external services, the information transmitted to them, the purposes of use, and other matters concerning personal information are as set out in the Company's Privacy Policy, the Cookie and External Transmission Policy, or Individual Agreements.
3. If all or part of the Service is impaired due to specification changes, failures, suspension, restrictions, or fee changes of external services, or due to other causes beyond the Company's reasonable control, the Company is not liable, except where the impairment results from causes attributable to the Company.

Article 12 (Prohibited acts)

The User shall not engage in any of the following acts when using the Service.

1. Acts that violate laws or public order and morals
2. Criminal acts or acts related to criminal acts
3. Acts that infringe the rights, interests, honor, credit, privacy, intellectual property rights, or other rights of the Company, other Users, End Users, or third parties
4. Configuring in or transmitting through the Service content that is false, inaccurate, or misleading
5. Using the Service to conduct fraudulent, intimidating, discriminatory, defamatory, sexual, violent, illegal, or otherwise inappropriate responses, solicitation, outbound calls, or other acts
6. Acts that place an excessive load on the Service or on external services
7. Unauthorized access to the Service, reverse engineering, analysis, modification, vulnerability probing, scraping, or other similar acts
8. Reselling, lending, sharing, sublicensing, or providing the Service to third parties without the Company's consent
9. Using information obtained in connection with the use of the Service for wrongful purposes
10. Providing benefits to anti-social forces or the like, or other similar acts
11. Any other act that the Company reasonably determines to be inappropriate

Article 13 (Intellectual property rights)

1. All intellectual property rights relating to the Service, including the software, programs, UI, designs, logos, trademarks, text, images, videos, audio, materials, know-how, databases, and algorithms, belong to the Company or to third parties holding legitimate rights.
2. The license to use the Service under these Terms does not mean an assignment to the User of intellectual property rights in the Service or the grant of an exclusive right of use.
3. The User shall not reproduce, modify, adapt, translate, redistribute, sell, lend, publicly transmit, analyze, or make secondary use of the Service or any part of it beyond the scope necessary for using the Service.
4. Rights to the information that the User inputs into or uploads to the Service are reserved to the User or to legitimate right holders; provided, however, that the Company may use such information within the scope of providing, maintaining, and improving the Service, responding to failures, ensuring security, and the purposes set out in Individual Agreements.

Article 14 (Confidentiality)

1. Neither the User nor the Company shall disclose or leak to any third party, without the other party's prior consent, any technical, sales, operational, or other information disclosed by the other party and managed as confidential in connection with the use of the Service or the agreement.
2. The preceding paragraph does not apply to the following information:
   • information that was already public at the time of disclosure;
   • information that became public after disclosure through no fault of the recipient;
   • information that the recipient already legitimately held at the time of disclosure;
   • information obtained from a third party with legitimate authority without a duty of confidentiality; or
   • information independently developed or obtained without reliance on the disclosed information.
3. Where disclosure is required by law, a court, an administrative agency, a financial instruments exchange, or another public authority, the recipient may disclose confidential information to the extent necessary.

Article 15 (Security)

1. The Company endeavors to take necessary and appropriate safety management measures to reduce risks such as leakage, loss, damage, and unauthorized access to information handled in the Service.
2. The Company's basic policy on information security is in accordance with the Information Security Policy separately established by the Company.
3. In using the Service, the User shall properly manage, at its own responsibility, its own devices, network, accounts, admin-console permissions on the User's side, internal operations, and other security matters on the User's side.

Article 16 (Suspension and interruption of the Service)

The Company may suspend or interrupt the provision of all or part of the Service in any of the following cases.

1. When performing maintenance, inspection, updates, or specification changes of the Service
2. When a system failure, communication failure, external service failure, or other technical problem occurs
3. When an earthquake, lightning strike, fire, power outage, natural disaster, epidemic, war, riot, legal amendment, administrative disposition, or other force majeure event occurs
4. When the User violates these Terms or an Individual Agreement
5. When fees remain unpaid
6. When the Company otherwise reasonably determines that suspension or interruption of the Service is necessary

Article 17 (Termination)

1. If the User falls under any of the following, the Company may, without prior notice or demand, suspend the User's use of the Service, suspend the account, terminate the Service Agreement, or take other necessary measures:
   • the User violates these Terms or an Individual Agreement;
   • the User delays payment of fees;
   • false statements are found in the application details or Registered Information;
   • a petition is filed for suspension of payments, insolvency, bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or other similar proceedings;
   • the User is found to fall under, or to be involved with, anti-social forces or the like; or
   • the Company otherwise reasonably determines that continuing the Service Agreement is inappropriate.
2. Even if the Service Agreement is terminated under the preceding paragraph, the User is not released from the obligation to pay fees and other debts that have already accrued.

Article 18 (Disclaimer of warranties)

1. The Company does not warrant that the Service will be fit for the User's particular purpose, accurate, complete, useful, continuous, or uninterrupted; that it will be free of errors or security defects; that AI responses will always be appropriate; that call connections will always succeed; or that increased sales or any other specific outcome will be achieved.
2. The Company does not warrant that AI responses, transcriptions, summaries, sentiment analysis, tagging, reports, and other outputs of the Service will be free of errors, omissions, inappropriate expressions, or results that differ from the User's intent.
3. When using outputs of the Service, the User shall review their content at its own responsibility and, as necessary, correct or supplement them or conduct human review.

Article 19 (Limitation of liability)

1. If the User suffers damage due to causes attributable to the Company, the Company is liable for compensation, to the extent permitted by law, only for ordinary and direct damage.
2. The total amount of the Company's liability for damages is capped at the total amount of the Service usage fees that the User actually paid to the Company during the most recent three months under the Service Agreement that gave rise to the damage.
3. The preceding paragraph does not apply where the Company acted with intent or gross negligence, or where a limitation of liability is not permitted by law.
4. The Company is not liable for disputes arising between the User and End Users or other third parties, except where the dispute results from causes attributable to the Company.

Article 20 (Exclusion of anti-social forces)

1. The User and the Company each represent and warrant that neither they nor their officers, employees, or substantial controllers fall under organized crime groups, members of organized crime groups, companies affiliated with organized crime groups, corporate racketeers, groups engaging in extortion under the pretext of social campaigns, specialized intelligence crime groups, or other equivalent persons.
2. If the User or the Company breaches the preceding paragraph, the other party may terminate the Service Agreement without any demand.

Article 21 (No assignment of rights and obligations)

The User shall not assign, transfer, provide as security, or otherwise dispose of its status, rights, or obligations under these Terms or the Service Agreement to any third party without the Company's prior consent given in writing or by electronic means.

Article 22 (Amendment of the Terms)

1. The Company may amend these Terms in accordance with the Civil Code of Japan and other laws where there are reasonable grounds, such as changes in laws, changes in the contents of the Service, or business necessity.
2. When amending these Terms, the Company will announce the amended contents and the effective date by posting them on the Company's website or by other appropriate means.
3. The amended Terms apply from the effective date set by the Company.

Article 23 (Governing law and jurisdiction)

1. These Terms and the Service Agreement are governed by the laws of Japan.
2. Any dispute arising between the Company and the User in connection with these Terms or the Service is subject to the exclusive agreed jurisdiction of the Tokyo District Court as the court of first instance; provided, however, that where a court with jurisdiction is separately designated based on the location of the Company's head office or in an Individual Agreement, that designation prevails.

Article 24 (Contact)

For inquiries about these Terms, please contact the following contact point or use the contact form on the Company's website.