Terms and Conditions

Article 1 (Definitions)

The main terms used in these Terms are defined as follows:

• "The Service" refers to the voice-interactive AI learning and storytelling application "KidTalk" (including mobile and web applications), and all related websites, content, features, and services provided by the Company.
• "User" or "You" refers to the holder of an account registered to use the Service (primarily a parent or guardian).
• "End User (Child)" refers to a minor who actually uses the Service under the supervision and consent of the User who is a parent or guardian.
• "Account" refers to the set of registration information you create to use the Service.
• "Talk" refers to a series of interactive sessions where an End User asks a question or makes a request via voice or text, and the Service's AI generates and plays a response, story, etc.
• "Plan" refers to the various subscriptions offered by the Service (including Free, Light, and Premium plans).
• "Content" refers to AI-generated responses, stories, voice, text, images, and other data and materials provided through the Service.

Article 2 (Account Registration and Eligibility)

1. Only adults aged 18 or over may create an account for the Service. Minors must have their parent or legal guardian create and manage the account with their consent.
2. You agree to provide accurate and current information when registering for an account and to promptly update your registration information if it changes.
3. You are responsible for securely managing your account ID, password, and other authentication information. The Company is not liable for any damage caused by unauthorized use or loss of this information.
4. You are responsible for all activities that occur through your account. If you become aware of any unauthorized access to your account, you must notify the Company immediately at info@kidtalkapp.com.
5. Each user may only hold one account. Creating multiple accounts for fraudulent purposes is prohibited.

Article 3 (Use by Children and Parental Responsibility)

1. While the Service is designed for educational and entertainment purposes for children, the parent or guardian holding the account is responsible for properly supervising the End User's (Child's) use of the Service.
2. The parent or guardian understands that the Service processes the End User's (Child's) voice data and explicitly consents to the collection and processing of such voice data on behalf of the End User (Child).
3. You acknowledge that while the Company strives to provide safe and child-appropriate content, there are limitations to AI-generated content, and it is recommended that parents or guardians monitor usage as necessary.
4. The account holder, who is the parent or guardian, is ultimately responsible for any issues arising from the child's activities through the Service.

Article 4 (Service Content and Provision)

1. The Service utilizes third-party cloud services, including Google Cloud (Speech-to-Text, Vertex AI (Gemini), Text-to-Speech, etc.), to provide voice recognition, AI response generation, and voice synthesis functions.
2. While the Service aims for stable provision, it may be temporarily suspended or restricted due to maintenance, system failures, third-party service disruptions, natural disasters, or other force majeure events. The Company will strive to provide prior notice of such interruptions but does not guarantee it.
3. The Company reserves the right to change the content, features, and provision conditions of the Service with prior notice to you.
4. The Service provides AI-generated content, and the Company does not guarantee the completeness, accuracy, or suitability for any particular purpose of all provided responses and information.

Article 5 (Subscription Plans and Fees)

1. The Service offers the following subscription plans:
   • Free Plan: No monthly fee. Up to 10 Talks per day.
   • Light Plan: ¥600 per month (tax included). Up to 50 Talks per day.
   • Premium Plan: ¥900 per month (tax included). Up to 100 Talks per day.
2. The daily Talk limit for each plan resets at 00:00 Japan Standard Time. Unused Talks are not carried over to the next day.
3. Fees for paid plans are automatically billed on the same day each month, starting from the month of application. For mid-month subscriptions, the fee covers the period from the application date to the same date of the following month.
4. Payment of fees is made through the payment service designated by the Company (Stripe). You must register a valid credit card or other supported payment method.
5. You must also agree to Stripe's terms of service. Payment processing information is managed by Stripe. The Company does not directly store payment information on its servers.
6. Fees are displayed and billed in Japanese Yen (JPY).
7. The Company reserves the right to change the fees. If fees are changed, you will be notified at least 30 days in advance by email or in-app notification. If you continue to use the Service after the changes, you are deemed to have agreed to the new fees.

Article 6 (Cancellation and Refunds)

1. You may cancel your subscription to the Service at any time. Cancellation can be done from the account settings page or by emailing info@kidtalkapp.com (Subject: Legal Department).
2. Cancellation must be completed before the start of the next billing cycle. After cancellation, you can continue to use the features of the paid plan until the end of the current billing period.
3. As a general rule, we do not refund fees already paid. However, this does not apply if there is a legal obligation to refund or if the Company specifically approves it.
4. The Company reserves the right to suspend or terminate your account if you violate these Terms or if fraudulent use is suspected. If your account is terminated for such reasons, we will not refund any fees paid.

Article 7 (Prohibited Acts)

You must not engage in the following acts when using the Service:

1. (1) Acts that violate laws or public order and morals.
2. (2) Using the Service for fraudulent purposes, or attempting to do so.
3. (3) Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Service.
4. (4) Illegally accessing the Service's systems or networks.
5. (5) Placing an excessive load on the Service's servers (including scraping, use of automation tools, etc.).
6. (6) Attempting to generate harmful, threatening, discriminatory, or abusive content through the Service.
7. (7) Collecting or storing personal information of other users or third parties.
8. (8) Infringing on the copyrights, trademark rights, patent rights, or other intellectual property rights of the Company or third parties.
9. (9) Using the Service by entering false information.
10. (10) Intentionally circumventing the Free Plan's limitations by creating multiple accounts.
11. (11) Reselling or subletting the Service for commercial purposes without authorization.
12. (12) Attempting to generate content harmful to minors.
13. (13) Other acts that the Company reasonably deems inappropriate.

Article 8 (Intellectual Property Rights)

1. All intellectual property rights related to the Service (including copyrights, trademarks, patents, know-how, etc.) belong to the Company or third parties who have licensed them to the Company. These Terms do not grant you any rights beyond what is explicitly stated regarding our intellectual property.
2. You have the right to use the Service only for personal and non-commercial purposes.
3. Regarding the voice input data you provide through the Service, the rights belong to you or the End User. However, you grant the Company a non-exclusive, royalty-free license to process and use this data for the purpose of providing, improving, and enhancing the quality of the Service. The use of voice data will be in accordance with the separate Privacy Policy.

Article 9 (Disclaimer)

1. The Service is provided "as is." The Company makes no warranties, express or implied, that the Service will be suitable for a specific purpose, have the expected functionality, commercial value, accuracy, or usefulness, be continuously available, or be free of bugs or errors.
2. The Company does not guarantee the accuracy, completeness, or appropriateness of the AI-generated content. Do not rely on AI responses as the sole source of information, especially for medical, legal, or safety-related matters.
3. The Company is not liable for any damages arising from information obtained by you or third parties through the Service, or from your actions.
4. The Company is not responsible for the availability, safety, or quality of third-party services linked with the Service (such as Google Cloud, Stripe, etc.).
5. The disclaimers in this article do not apply to matters for which liability cannot be disclaimed under applicable law.

Article 10 (Limitation of Liability)

1. The total amount of damages for which the Company is liable under these Terms shall be limited to the total service fees you actually paid to the Company in the month in which the damage occurred.
2. The Company shall not be liable for any indirect, incidental, special, consequential, or lost profit damages arising from the use or inability to use the Service. However, this does not apply to damages caused by the Company's willful misconduct or gross negligence.
3. This article is effective to the extent that it does not conflict with applicable mandatory laws.

Article 11 (Handling of Personal Information)

The collection, use, and management of personal information and voice data in the Service are governed by the separately established Privacy Policy (https://kidtalkapp.com/en/privacy). The Privacy Policy forms part of these Terms. By using the Service, you also agree to the Privacy Policy.

The Company strives to comply with the Act on the Protection of Personal Information (APPI), the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other applicable international data privacy regulations.

Article 12 (Changes to the Terms)

1. The Company may change these Terms when it deems necessary, such as due to changes in laws or service content.
2. For significant changes, we will notify you at least 30 days in advance by email to your registered email address or by in-app notification.
3. If you continue to use the Service after the effective date of the revised terms, you are deemed to have agreed to the revised terms.
4. If you do not agree to the changes, please stop using the Service and cancel your account.

Article 13 (Termination of the Service)

The Company may terminate all or part of the Service for business, legal, or other valid reasons. If the Service is terminated, you will be notified at least 30 days before the termination date. For users on paid plans, a prorated refund will be issued for the unused period after the termination date.

Article 14 (Governing Law and Jurisdiction)

1. These Terms shall be governed by and construed in accordance with the laws of Japan.
2. In the event of a dispute between you and the Company related to the Service, the parties shall first attempt to resolve it through good faith negotiations.
3. If the dispute cannot be resolved through negotiation, the Tokyo District Court shall have exclusive first instance jurisdiction.

Article 15 (Severability)

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction or an arbitration body, that provision shall be severed from the other provisions, and the remaining provisions shall continue in full force and effect.

Article 16 (No Waiver)

The Company's failure or delay in enforcing any provision of these Terms shall not be deemed a waiver of its rights under that provision.

Article 17 (Entire Agreement)

These Terms (including the Privacy Policy) constitute the entire agreement between you and the Company regarding the Service and supersede all prior oral or written agreements, representations, or warranties on the same subject matter.

Article 18 (Contact Information)

For inquiries regarding these Terms, please contact:

• Company Name: New Summer Inc.
• Email Address: info@kidtalkapp.com (Subject: Legal Department)