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Terms and Conditions

Kotozna laMondo Terms and Conditions

Enacted: June 1, 2023

Last updated: July 7, 2023

Kotozna Inc. (hereinafter referred to as "the company") provides message forwarding, translation, and other services to users around the world.

These Kotozna laMondo Terms and Conditions (hereinafter referred to as these "Terms of Use") stipulate matters that all Users must comply with when using Kotozna laMondo. In addition to these Terms of Use, Users shall comply with the provisions of the "Privacy Policy". If the Users uses the Service, it is deemed that the Users has agreed to these Terms of Use.

1. Definition of Terms

  • Definitions of major terms in these Terms of Use are as listed in the following items:
  • "Kotozna laMondo Service" or "the Service" refers to a multilingual chat and chatbot service. The chatbot component of the Service is designed to simulate human-like interactions, providing responses and engaging in conversation with users. By translating the language used by the user into the language specified by the Customer, and vice versa, the Service enables smooth multilingual communication between customers and users.
  • "Site" means all websites operated by the Company regarding the Service.
  • "Agreement" means a contract for receiving the provision of the Service from the Company.
  • "Customer" means a person who has concluded a usage contract with the Company or a person designated by the Company with respect to the Service.
  • "User" means Customer's end user customers, potential end user customers, and other users of and visitors to the Customer's site who interact with the Service.
  • "User Data" means the data, information and any other content submitted by User through the Kotozna laMondo Service.
  • "Intellectual Property Rights" include all valid patents, trademarks, copyrights, trade secrets, moral rights, and other intellectual property rights, as may exist now or hereafter come into existence, and all renewals and extensions thereof, and all improvements to any of the foregoing, regardless of whether any of such rights arise under the laws of any state, country or other jurisdiction.

2. Application and Modification of Terms

  • These Terms of Use apply to all Users. If the Users do not agree to these Terms of Use, the Users may not use the Service.
  • If there are other provisions such as other terms of use regarding the Service on the Site, such provisions shall constitute a part of these Terms of Use. If the provisions of these Terms of Use differ from other provisions such as other terms of use, these Terms of Use shall take precedence.
  • Users who cannot understand and comply with the contents of these Terms of Use cannot use the Service.
  • We may arbitrarily change these Terms of Use at any time, and the Users shall be deemed to have accepted such change by using the Service. Unless otherwise stipulated by the Company, any changes to these Terms of Use shall be announced to Users in advance by being posted on the Site at any time, and will take effect on the effective date.
  • If the Users does not agree to the changes of these Terms of Use, the Users may not use the Service.

3. Service

  • Usage Environment: Users shall, at their own responsibility and expense, procure the environment necessary for the use of the Service, such as hardware, software, internet connection lines, and ensuring security.
  • Users acknowledges that the Company may suspend or discontinue the Service due to accidents (stopping servers, network error etc.)

4. User Obligations

  • In General: The User is solely responsible for the accuracy, content, and legality of all User Data submitted through the Kotozna laMondo Service. The User warrants to the Company that they have all necessary rights, consents, and permissions to collect, share, and use all User Data as contemplated in this Agreement. The User further assure that no User Data will violate or infringe any third party Intellectual Property Rights, laws, or any terms of service, privacy policies, or other agreements. The User shall be fully responsible for any data, information and any other content submitted to the Services regardless of whether such data, information and any other content are submitted by the relevant User.
  • User agrees to the privacy policy of OpenAI, L.L.C. and OpenAI OpCo, LLC.
  • User shall not submit a special care-required personal information, which includes personal information as to an identifiable person's race, creed, social status, medical history, criminal record, the fact of having suffered damage by a crime etc. When Users submit special care-required information, the Company deems that Users admits acquisition and use of these special care-required information by the Company.
  • Company can acquire and use personal information within the scope of the following purposes of use.
  • Registration and identity verification for the Service
  • Billing for the Service
  • Provision of Service
  • Maintenance and management of Service
  • Planning, research and development for the Service and new service
  • Inquiries and responses from the relevant Customer and the User
  • Provision to third parties (including OpenAI, L.L.C. and OpenAI OpCo, LLC.) necessary for the provision of the Service
  • No Sensitive Personal Information to be submitted . When Users submit sensitive information, which includes the following items, the Company deems that the Users admit acquisition and use of these sensitive information by the Company.
  • Information which relates to Identifiable person's race, creed, social status, medical history, criminal record, the fact of having suffered damage by a crime
  • Information which includes matters related to personal privacy or Sensitive Personal Information, unless expressly agreed between the User and the Company in writing.
  • Information which contains identifiable information such as an individual's name, phone number, or other personally identifying details.
  • Information which includes inappropriate, slanderous, or discriminatory language.
  • Information which could be perceived as intimidating or threatening to others.
  • Information which encourages or incites violence, cruelty, or illegal activities.
  • Information which violates laws, public order, or morals.
  • Information which is deemed inappropriate by the Company.
  • Compliance with Laws: The Users agree to comply with all applicable laws in its use of the Kotozna laMondo Service.
  • Indemnification by User: The User will indemnify, defend, and hold harmless the Company from and against any and all claims, costs, damages, losses, liabilities, and expenses arising out of or in connection with any claim arising from or relating to any User Data or breach or alleged breach by the User of this Agreement.
  • Aggregated Anonymous Data: Notwithstanding anything to the contrary herein, the User agrees that the Company may obtain and aggregate technical and other data about the User's use of the Kotozna laMondo Service that is not identifiable with respect to the User ("Aggregated Anonymous Data"), and the Company may use the Aggregated Anonymous Data to analyze, improve, support, and operate the Services and otherwise for any business purpose, including generating industry benchmark or best practice guidance, recommendations, or similar reports for distribution to and consumption by the User and other Users. For clarity, this section does not give the Company the right to identify the User as the source of any Aggregated Anonymous Data.
  • Users can use the Services only for themselves and does not allow anyone else to use the Services.
  • User shall access and use the Service only for lawful, acceptable and permissible purposes. User shall not use the Service in any of the following ways (nor participate in others' use of the Service).
  • Acts in violation of laws or acts related to criminal acts.
  • Infringement, misuse, or misappropriation of rights, including privacy, honor, goodwill, portrait rights, intellectual property, or other proprietary rights of third parties.
  • Incites or encourages obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or any other inappropriate conduct, including illegal, discriminatory, or promoting a violent crime.
  • Publish any false representations, misrepresentations or misleading statements.
  • Impersonating another person.
  • Sending unlawful or impermissible communications such as bulk messages, automated messaging, and auto-dialed calls.
  • Acts contrary to public order and morals.
  • Acts that the Company deems inappropriate.
  • User shall not access, use, copy, adapt, modify, create derivative works from, distribute, license, sublicense, transfer, display, perform, or otherwise exploit in any way (including that User don't help others) in any unlawful or unauthorized manner, including through the use of direct or automated means or the manners listed below, which damage or harm the Company, the Services, systems, Customer and User of the Services or other third parties.
  • Reverse engineering, modification, creation of derivative works, decompilation, code extraction from the Service.
  • Transmit, store or infect any virus or other harmful computer code through or on the Service.
  • Obtain or attempt to gain unauthorized access to the Services or systems.
  • Interfere with the integrity or performance of the Service.
  • Create an account on the Service through any unauthorized or automated means.
  • Collect information about or about Customer or User of the Service or other third parties in an unauthorized or unauthorized manner.
  • Sell, resell, rent or charge for the Services.
  • Distribute or make the Service available over a network for use by multiple devices at the same time.

5. Ownership

  • Kotozna laMondo Technology: This is an agreement for access to and use of the Services. The Users acknowledge that it is obtaining only a limited right to access and use the Services and that irrespective of any use of the words "purchase", "sale" or like terms in these Terms of Use, no ownership rights are being conveyed to Users under these Terms of Use. Users agrees that Kotozna laMondo or its suppliers retain all right, title and interest (including all Intellectual Property Rights) in and to the Services and all documentation, integrations with the Services, and any and all related and underlying technology and documentation and any derivative works, modifications or improvements (including taking User's feedback) of any of the foregoing (collectively, "Kotozna laMondo Technology"). Except as expressly set forth in this Agreement, no rights in any Kotozna laMondo Technology are granted to Users. Further, Users acknowledges that the Services are offered as an on-line, hosted solution, and that Users has no right to obtain a copy of any of the Services.

6. Feedback

  • Users, from time to time, may submit feedback to Kotozna laMondo. Kotozna laMondo may freely use or exploit feedback in connection with the Service (the Company does not have a duty to response these feedback.). User hereby grants to Kotozna laMondo, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any Kotozna laMondo product or service at any time at the sole discretion of Kotozna laMondo.

7. No Guarantee of Provided Information

  • The Company provides no guarantees regarding the accuracy, completeness, suitability for purpose, usefulness, legality, currentness, or non-infringement of third party rights with respect to the information generated by the Service. Furthermore, the Company does not guarantee the alignment between User inquiries and the information provided by the Service in response to such inquiries, nor the accuracy of the information obtained through the Service. The Company does not guarantee that the Service will meet the User's expectations.

8. Handling of Personal Information

  • The Company will properly handle the User's personal information based on our privacy policy.

9. Transfer Prohibition

  • The Company may transfer its claims against the Users to a third party, and Users agrees to the provision of the User's personal information, etc. to the third party for this purpose.
  • Without the Company's prior written consent, the Users may not assign, transfer, set collateral, or otherwise dispose of the status of these Terms of Use or the rights and obligations based on or under these Terms of Use of the Service to a third party.

10. Company's Right to Terminate

  • If a User breaches any of the provisions set forth in these Terms of Use , regardless of whether or not the User is responsible, the Company may immediately terminate the relevant usage agreement and/or suspend the use of the Service by the User without notifying the User in advance.

11. Limitation of Liability

  • To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, directors, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the Users' use of, or inability to use, the Kotozna laMondo Services, regardless of the theory of liability, for the matters that are not the Company's obligation under these Terms of Use. This includes, without limitation:
  • Any liability arising from the use or misuse of the Kotozna laMondo widget, or any information, content, or advice provided by the ChatGPT-powered Kotozna laMondo Services, including, but not limited to, the handling and processing of any personal data or sensitive information input by User;
  • Any liability for errors, inaccuracies, or omissions in the content provided by the Kotozna laMondo Services, including, but not limited to, ChatGPT responses, and any decisions made or actions taken by User or third parties based on such content;
  • Any liability for any direct, indirect, or consequential damages resulting from any decision made or action taken by Users or any third party based on the content or information provided by the Kotozna laMondo Services;
  • Any liability for any interruptions, delays, or discontinuation of the Kotozna laMondo Services, including but not limited to technical issues, server downtime, or maintenance.
  • To the fullest extent permitted by applicable law, the Company, its affiliates, directors, employees, agents, suppliers, or licensors shall be liable up to JPY10,000 for any direct damage arising from non-performance of the Company's obligations under these Terms of Use, but shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the Users' use of, or inability to use, the Kotozna laMondo Services, regardless of the theory of liability.
  • The User agrees that the Company is not responsible or liable for the conduct of any User of the Kotozna laMondo Services, and User releases the Company, its affiliates, directors, employees, agents, suppliers, and licensors from any liability in connection with the User's use of the Services.
  • Nothing in these Terms of Use is intended to exclude or limit any liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to the User. To the extent that the Company may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of the Company's liability shall be the minimum permitted under such law.

12. Governing law and Jurisdiction

  • The Terms of Use shall be governed by and construed in accordance with the laws of Japan, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Use or the Service shall be settled by Tokyo District Court, Japan. Tokyo District Court has the exclusive jurisdiction of the first instance.
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