Capsule

Terms of Service

Last Updated: January 9, 2025 Article 1 (Applicability) These Terms of Service (hereinafter "Terms") set forth the conditions regarding the use of the iOS application "Capsule" (hereinafter "this App") provided by ReFlow Inc. (hereinafter "the Company"). By downloading, installing, or using this App, users are deemed to have agreed to these Terms. If you do not agree to these Terms, please refrain from using this App. Article 2 (Definitions) In these Terms, the following terms shall have the meanings ascribed below: (1) "User" Refers to any individual who uses this App. (2) "Content" Refers to audio, text, images, videos, and any other information created, stored, or transmitted by the user through this App. (3) "Paid Service" Refers to the subscription service "Premium" provided within this App. (4) "Free Trial" Refers to a trial period during which the Paid Service can be used for free for a certain period. Article 3 (Service Content) This App provides the following functions as an audio diary app: • Audio recording and transcription functions • AI-based diary summary and sentiment analysis functions • Calendar-style diary management function • ToDo list function • Insights/Statistics functions • iCloud data sync function (1) Modification of Functions The Company may modify, add, or discontinue functions of this App in the following cases: - To improve this App - For security reasons - To adapt to specification changes of external APIs (such as OpenAI) - Other cases where the Company deems necessary (2) Discontinuation of Key Functions If discontinuing key functions of the Paid Service, the Company will provide at least 30 days prior notice. In this case, users may request a refund. (3) Minor Changes Minor changes (UI improvements, bug fixes, etc.) may be implemented without notice. (4) Response to External API Failures Due to failures of external APIs linked with this App (such as OpenAI), some functions may become unavailable. In this case, the Company assumes no responsibility. Article 4 (User Responsibilities) Users are responsible for the following matters: • Preparing devices and communication environments necessary to use this App • Backing up their own Content - Encouraged to enable iCloud sync - If not using iCloud sync, regular data export is recommended • Any costs incurred in relation to the use of this App (communication fees, electricity costs, etc.) Article 5 (Prohibited Acts) Users must not engage in the following acts when using this App: • Acts violating laws or public order and morals • Acts related to criminal activities • Acts infringing on intellectual property rights, portrait rights, privacy, honor, or other rights of the Company or third parties • Reverse engineering, decompiling, or disassembling this App • Acts bypassing or disabling security functions of this App • Acts interfering with the operation of this App • Acts causing disadvantage, damage, or discomfort to other users or third parties • Unauthorized commercial use of this App • Other acts deemed inappropriate by the Company Article 6 (Paid Service) (1) Fees Fees for the Paid Service shall be as displayed within the App Store. Fees may be changed with at least 30 days prior notice. Continued use of the App after a fee change implies user agreement to the new fee. (2) Payment Payment for the Paid Service is processed via the App Store provided by Apple Inc. Payment-related issues are handled according to Apple Inc.'s policies. (3) Auto-Renewal Subscription automatically renews unless canceled at least 24 hours before the end of the current subscription period. The auto-renewal date and time is the same as the end date of the subscription period. (4) Cancellation Subscription cancellation can be done via: - iOS Settings app > Your Name (Apple ID) > Subscriptions > Capsule > Cancel After cancellation, the Paid Service remains available until the subscription period ends. (5) Refunds Refunds are subject to Apple Inc.'s policies. Generally, refunds can be requested within 14 days of purchase. For details, please refer to Apple Inc.'s website. The Company does not issue direct refunds for Paid Services purchased via the App Store. (6) Free Trial The Company offers a 7-day Free Trial for new users. During the Free Trial, all functions of the Paid Service are available. Unless canceled during the Free Trial period, it automatically converts to the Paid Service. The Free Trial is available only once per user. (7) Use After Free Trial Ends If the Free Trial ends without conversion to the Paid Service, App functions will become unavailable. Registration for the Paid Service is required to use it again. (8) Usage Restrictions Usage of recording time, transcription, and AI summary in the Paid Service is unlimited. However, usage deemed inappropriate by the Company, such as acts placing excessive load on the Company's servers or external APIs, may be temporarily restricted. Article 7 (Intellectual Property Rights) (1) Company Rights All intellectual property rights (copyrights, patent rights, trademark rights, etc.) related to this App belong to the Company or legitimate third-party rights holders. (2) User Content Intellectual property rights of Content created by the user (audio, text, etc.) belong to the user. However, the Company reserves the right to use User Content for the purpose of improving this App and providing the service. (3) AI-Generated Content Regarding content generated by the AI functions of this App (summaries, sentiment analysis, etc.): - Intellectual property rights of generated content belong to the user - However, OpenAI API terms of use may apply - For details, please refer to OpenAI's privacy policy and terms of use (4) Restrictions on Use of User Content The Company uses User Content only for the following purposes: - Providing functions of this App - Improving and developing this App - Providing user support The Company will never use User Content for marketing purposes without user consent. Article 8 (Disclaimer) (1) Warranty of Service This App is provided on an "as is" basis. The Company makes no warranty, express or implied, regarding the completeness, accuracy, usefulness, or fitness for a particular purpose of this App. (2) AI-Generated Content Content generated by the App's AI functions (summaries, sentiment analysis, etc.) is provided as reference information, and its accuracy and appropriateness are not guaranteed. Specifically, sentiment analysis is not a medical diagnosis but reference information. (3) Data Loss The Company assumes no responsibility for loss, damage, or leakage of data occurring in relation to the use of this App, except in cases of: - Intentional or gross negligence by the Company - Major negligence in the Company's security measures (4) Third-Party Services The Company assumes no responsibility for failure, modification, or termination of third-party services linked with this App (OpenAI API, Apple iCloud, etc.). (5) Damages Even if the Company is held responsible, the Company's liability for damages is limited to the lower of: - The amount paid by the user to the Company - The total amount paid by the user to the Company in the past 12 months (6) Indirect Damages The Company assumes no responsibility for indirect damages such as lost profits, data loss, business interruption, etc., arising in relation to the use of this App. Article 9 (Modification, Suspension, Termination of Service) The Company may modify, suspend, or terminate all or part of this App in the following cases: • Maintenance of this App (with prior notice) • Occurrence of force majeure such as natural disasters, war, terrorism, riots, etc. • Occurrence of system failure (notified as soon as possible) • Security reasons • Termination of external API provision (OpenAI, etc.) • Other cases where the Company deems necessary (with prior notice whenever possible) (1) Notification Method In case of modification, suspension, or termination of this App, the Company notifies users via: - Notification function within the App - Pop-up display upon App launch - Email notification (if registered) (2) Notification Period In case of termination of this App, at least 30 days prior notice will be provided. However, this does not apply in emergencies. (3) Responsibility The Company assumes no responsibility for damages incurred by users due to modification, suspension, or termination under this Article. However, this does not apply in cases of intentional or gross negligence by the Company. Article 10 (Usage Restrictions) If a user violates these Terms or the Company deems it inappropriate, the Company may restrict or suspend the user's use of this App. (1) Reasons for Restriction - Major violation of these Terms - Violation of laws - Nuisance to other users or third parties - Security threats (2) Notification When imposing restrictions, the Company notifies the user in advance whenever possible. However, in emergencies, notice may be given ex post facto. (3) Objection If objecting to a restriction, the user may file an objection via the "Support" screen in this App. Article 11 (Modification of Terms) The Company may modify these Terms as necessary. (1) Significant Changes If changes significantly affect user rights, advance notice will be provided via: - Notification function within the App - Pop-up display upon App launch - Email notification (if registered) (2) Minor Changes Minor changes (typo corrections, link updates, etc.) are effective immediately upon posting in the App. (3) Effective Date of Changes Revised Terms become effective upon posting in the App. Significant changes become effective 30 days after notification. (4) Consent Continued use of the App after changes implies user agreement to the revised Terms. If you do not agree to the revised Terms, please refrain from using this App. Article 12 (Severability) Even if any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions of these Terms shall continue to be valid and enforceable. Article 13 (Governing Law and Jurisdiction) The interpretation and application of these Terms shall be governed by Japanese law. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance for any disputes regarding these Terms. Article 14 (Display based on Specified Commercial Transactions Law) This App provides the following information based on the Specified Commercial Transactions Law. (1) Seller Name ReFlow Inc. (2) Seller Address 302, 3-35-13 Jingumae, Shibuya-ku, Tokyo 150-0001 (3) Seller Phone Number 03-6824-0828 (4) Seller Email Address admin@reflow-group.com (5) Product Type Paid Service (Subscription) (6) Product Price Amount displayed in the App Store (7) Payment Method Payment via App Store provided by Apple Inc. (8) Payment Timing At the time of subscription purchase (9) Product Delivery Timing Paid Service is activated within the App immediately after purchase (10) Cancellation/Refund Subject to Apple Inc.'s policies as it is a purchase via App Store Article 15 (Consumer Protection) The Company complies with the following matters based on the Consumer Contract Act. (1) Prohibition of Unfair Clauses No clause in these Terms shall fall under unfair clauses based on Articles 8 through 10 of the Consumer Contract Act. (2) Consumer Consultation For questions or concerns regarding the use of this App, please consult the following consumer consultation window: Consumer Affairs Agency Consumer Hotline Phone: 188 (National Uniform Number) Website: https://www.caa.go.jp/ Article 16 (Contact Us) For inquiries regarding these Terms, please contact us by the following methods: (1) In-App Inquiry Please contact us from the "Support" screen in the App. We typically respond within 2-3 business days. (2) Direct Inquiry Please contact the following: ReFlow Inc. 302, 3-35-13 Jingumae, Shibuya-ku, Tokyo 150-0001 Representative Director: Sho Hokibara Email: admin@reflow-group.com Phone: 03-6824-0828 Website: https://reflow-japan.com Operator: ReFlow Inc. Address: 302, 3-35-13 Jingumae, Shibuya-ku, Tokyo 150-0001 Representative Director: Sho Hokibara © 2025 ReFlow Inc. All rights reserved.