Terms of Service

Article 1 (Scope of Application)

1. These Terms are intended to set forth the terms and conditions of the Services and the rights and obligations between Users and the Company, and shall apply to all relationships between Users and the Company in connection with the use of the Services.
2. The Services include the following:
   • AI News Distribution Service (Free Newsletter)
   • AI Advisory Plan (Monthly Consulting Service)
   • Enterprise Plan (Project-based Development Service)
   • Company website (https://dera.ai) and related services
3. Any rules, guidelines, etc. posted by the Company on the Services shall constitute part of these Terms.

Article 2 (Definitions)

The terms used in these Terms are defined as follows:

1. "User" means an individual or entity that uses the Services.
2. "Registration Information" means information provided by Users to the Company in connection with the use of the Services (email address, name, company name, etc.).
3. "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to obtain such rights or to apply for registration of such rights).
4. "Content" means text, images, videos, programs, and other information provided on the Services.

Article 3 (Registration)

1. Persons wishing to use the Services (hereinafter referred to as "Applicants") shall agree to comply with these Terms and apply for registration in the manner prescribed by the Company.
2. The free newsletter service can be started by registering a valid email address.
3. Use of paid plans (AI Advisory Plan, Enterprise Plan) requires separate contract procedures.
4. The Company may refuse registration if the Applicant falls under any of the following:
   • If the Company determines that there is a risk of violating these Terms
   • If there is any false, incorrect, or missing information in the Registration Information
   • If the Applicant has been deregistered in the past due to violation of these Terms
   • If the Applicant is a minor, adult ward, person under curatorship, or person under assistance without consent from a legal representative, guardian, curator, or assistant
   • If the Company determines that the Applicant is an antisocial force (gang, gang member, right-wing organization, antisocial force, or equivalent), or is involved with antisocial forces through funding or other means
   • If the Company determines that registration is inappropriate for any other reason

Article 4 (Age Restrictions)

1. The free newsletter service is available to persons aged 13 and over. Persons aged 13 to 17 must obtain parental consent before use.
2. Paid plans (AI Advisory Plan, Enterprise Plan) are available only to persons aged 18 and over or corporations.

Article 5 (Changes to Registration Information)

1. Users shall promptly update their Registration Information in the manner prescribed by the Company if there are any changes.
2. The Company shall not be liable for any damages arising from failure to update Registration Information.

Article 6 (Fees and Payment Methods)

1. The free newsletter service is provided free of charge forever.
2. Fees for paid plans are as specified on each plan page. Current pricing is as follows:
   • AI Advisory Plan: ¥250,000 per month (excluding tax)
   • Enterprise Plan: Custom quote
3. Users shall pay fees for paid plans by credit card. Payment processing is handled securely through Stripe's payment system.
4. The Company may change fees by giving prior notice. Changed fees shall apply to fees incurred after the change takes effect.

Article 7 (Refund Policy)

1. For the AI Advisory Plan (monthly plan), first-time customers only may request a full refund within 30 days of the contract date.
2. To request a refund, please contact hello@dera.ai. Refunds will be processed within 14 business days of the refund request.
3. Refund conditions for the Enterprise Plan shall be determined by individual contract.
4. Refunds for services already provided (consulting, development deliverables, etc.) will not be made in principle, except in cases of material breach of contract by the Company.
5. If the continuous usage period exceeds 30 days, the refund guarantee does not apply.

Article 8 (Contract Renewal and Cancellation)

1. The contract period for the AI Advisory Plan shall be one month from the contract date and shall be automatically renewed for one month under the same conditions unless either the User or the Company notifies the other of termination.
2. Users may cancel the contract by notifying the Company at least 7 days before the end of the contract period.
3. Users may unsubscribe from the free newsletter service at any time.
4. Payment obligations for fees incurred prior to cancellation shall continue after cancellation.

Article 9 (Prohibited Acts)

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

1. Acts that violate laws, court decisions, orders, or legally binding administrative measures
2. Acts that may harm public order and morals
3. Acts that infringe on the Company's or third parties' intellectual property rights, honor rights, privacy rights, or other legal or contractual rights
4. Acts that destroy or interfere with the functions of the Company's or third parties' servers or networks
5. Acts that may interfere with the operation of the Services
6. Unauthorized access or attempts to do so
7. Acts of collecting or accumulating personal information about other Users
8. Acts of using the Services for fraudulent purposes
9. Acts that cause disadvantage, damage, or discomfort to other users of the Services or third parties
10. Impersonating other users
11. Advertising, solicitation, or business activities on the Services without the Company's permission
12. Unauthorized reproduction, redistribution, or redistribution of AI newsletter content (beyond personal use)
13. Disclosure or provision to third parties of deliverables, proposals, strategic information, etc. provided under the AI Advisory Plan or Enterprise Plan without the Company's prior written consent
14. Acts of providing benefits to antisocial forces
15. Acts for the purpose of meeting unfamiliar members of the opposite sex
16. Acts that directly or indirectly cause or facilitate any of the foregoing acts
17. Attempting any of the foregoing acts
18. Any other acts that the Company deems inappropriate

Article 10 (Suspension of Services)

1. The Company may suspend or interrupt all or part of the Services without prior notice to Users if any of the following occurs:
   • Emergency maintenance or inspection of computer systems related to the Services
   • Inability to operate the Services due to computer or communication line failures, operational errors, excessive access concentration, unauthorized access, hacking, etc.
   • Inability to operate the Services due to force majeure such as earthquakes, lightning, fires, storms, floods, power outages, or natural disasters
   • Difficulty providing the Services due to failure or suspension of external services (RSS sources, Supabase, Stripe, Resend, etc.)
   • Any other case where the Company deems suspension or interruption necessary
2. The Company shall not be liable for any damages incurred by Users due to measures taken by the Company pursuant to this Article.

Article 11 (Ownership of Rights)

1. Intellectual Property Rights related to the Services belong to the Company or those who have licensed the Company.
2. The license to use the Services under these Terms does not mean a license to use the Intellectual Property Rights of the Company or those who have licensed the Company.
3. The original copyright of each news article distributed in the AI newsletter belongs to the respective source media. The Company provides summarization, translation, and curation services for these articles, but does not claim copyright to the original articles.
4. Ownership of Intellectual Property Rights for deliverables created and provided by the Company under the AI Advisory Plan or Enterprise Plan shall be determined by individual contract. If not specifically stipulated in an individual contract, Intellectual Property Rights for deliverables shall belong to the Company, and Users shall be granted usage rights.
5. Intellectual Property Rights for Content posted or uploaded by Users to the Services belong to Users or the rights holders of such Content. However, Users grant the Company the right to use such Content free of charge to the extent necessary for the purpose of providing, improving, promoting, etc. the Services.

Article 12 (Deregistration)

1. The Company may temporarily suspend or deregister a User's use of the Services without prior notice or demand if the User falls under any of the following:
   • Violation of any provision of these Terms
   • Discovery of false information in Registration Information
   • Non-performance of payment obligations for fees, etc.
   • No response to communications from the Company after a considerable period
   • No use of the Services for a considerable period since the last use
   • Any other case where the Company deems use of the Services inappropriate
2. If any of the events in the preceding paragraph occurs, the User shall naturally lose the benefit of time for all debts owed to the Company and shall immediately pay all debts to the Company.
3. The Company shall not be liable for any damages incurred by Users due to actions taken by the Company pursuant to this Article.

Article 13 (Disclaimer of Warranties and Liability)

1. The Company does not warrant that the Services will meet the following:
   • Suitability for User's specific purposes
   • Expected functionality, commercial value, accuracy, or usefulness
   • Compliance with laws or internal regulations of industry groups applicable to Users
   • Continuous availability
   • Freedom from defects
2. The Services include AI-powered content curation, summarization, and translation services. The Company does not guarantee the accuracy, completeness, or usefulness of AI processing results. Use at your own judgment and risk.
3. Information distributed in the AI newsletter is automatically collected and summarized from publicly available sources, and the Company does not guarantee the accuracy, timeliness, or completeness of the content.
4. For proposals, analyses, development deliverables, etc. provided under the AI Advisory Plan or Enterprise Plan, the Company will provide them with reasonable effort, but does not guarantee specific results or effects.
5. The Company shall not be liable for any damages suffered by Users in connection with the Services, except in cases of willful misconduct or gross negligence by the Company. However, if the contract between the Company and the User regarding the Services (including these Terms) constitutes a consumer contract as defined in the Consumer Contract Act, this disclaimer shall not apply.
6. Even in the cases set forth in the proviso to the preceding paragraph, the Company shall not be liable for damages arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of damages) caused by the Company's negligence (excluding gross negligence) due to breach of contract or tort.
7. The Company's liability, except in cases of willful misconduct or gross negligence, shall be limited to the total usage fees paid by the User to the Company in the immediately preceding 12 months.
8. The Company shall not be liable for any transactions, communications, or disputes between Users and third parties in connection with the Services.

Article 14 (Confidentiality)

1. Users and the Company shall not disclose or leak to third parties any information disclosed by the other party in connection with the use of the Services that is designated as confidential (hereinafter referred to as "Confidential Information") without the prior written consent of the other party.
2. Notwithstanding the preceding paragraph, the following information shall not be considered Confidential Information:
   • Information that was already public knowledge at the time of disclosure
   • Information that became public knowledge after disclosure through no fault of the recipient
   • Information already possessed by the recipient at the time of disclosure
   • Information legitimately obtained from a third party without confidentiality obligations
   • Information independently developed without using Confidential Information
3. Recipients of Confidential Information shall use it only for the purpose of using the Services and not for any other purpose.
4. Confidentiality obligations shall continue for 2 years after termination of the contract.

Article 15 (Handling of User Information)

1. The Company shall handle Users' personal information appropriately in accordance with the separately established "Privacy Policy."
2. The Company shall obtain Users' Registration Information to the extent necessary for Users to use the Services.
3. The Company shall use the obtained information for the following purposes:
   • To provide, maintain, protect, and improve the Services
   • To respond to inquiries from Users
   • To notify changes to the Terms, policies, etc. related to the Services
   • To deliver announcements, campaign information, etc. related to the Services
4. The Company shall not provide obtained information to third parties without User consent, except in the following cases:
   • When required by law
   • When necessary to protect human life, body, or property and it is difficult to obtain the person's consent
   • When providing to contractors to the extent necessary for providing the Services (payment processors, email delivery services, etc.)

Article 16 (Changes to These Terms)

1. The Company may change these Terms at its discretion in the following cases:
   • When the change is in the general interest of Users
   • When the change does not contradict the purpose of the contract and is reasonable in light of the necessity of the change, the appropriateness of the content after the change, and other circumstances related to the change
2. When changing these Terms, the Company shall notify Users of the change, the content of the changed Terms, and the effective date at least 2 weeks before the effective date by displaying on the Services or other appropriate means.
3. If a User uses the Services after the effective date of the changed Terms, the User shall be deemed to have agreed to the changed Terms.

Article 17 (Communication and Notification)

1. Inquiries and other communications or notifications from Users to the Company regarding the Services, and notifications regarding changes to these Terms and other communications or notifications from the Company to Users, shall be made in the manner prescribed by the Company.
2. When the Company sends an email to the registered email address, the User shall be deemed to have received the email.

Article 18 (Assignment of Service Contract Status)

1. Users may not assign, transfer, create security interests in, or otherwise dispose of their service contract status or rights or obligations under these Terms to third parties without the Company's prior written consent.
2. If the Company transfers its business related to the Services to another company, it may transfer the service contract status, rights and obligations under these Terms, and Users' Registration Information and other information to the transferee in connection with the business transfer, and Users hereby agree in advance to such transfer.

Article 19 (Severability)

Even if any provision of these Terms or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining parts of provisions partially determined to be invalid or unenforceable shall continue to be fully effective.

Article 20 (Governing Law and Jurisdiction)

1. These Terms shall be governed by Japanese law.
2. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance for all disputes arising from or related to these Terms or the Services.