MotiTune Terms of Service
Article 1 (Details of the Service)
"MotiTune" is a cloud-based service provided by Attuned K.K. (the "Company") that presents questions to the Company's customers (the "Customers") and enables Customers themselves to analyze and utilize the results of their responses for purposes such as self-understanding and career development. The Service includes a feedback function, an information-provision function via email or other means, a gifting function that uses Assessment Links designated by the Company, and any and all functions and services incidental thereto.
Article 2 (Definitions)
As used in these Terms, the following terms have the meanings set forth below, unless otherwise specified. 1. Individual Agreement An agreement formed between the Company and a Customer pursuant to these Terms, specifying the conditions for provision of the Service. 2. Customer Data All information provided, input, transmitted, or uploaded by a Customer to the Company in connection with the Service, including but not limited to survey responses, answers to questions, text data, conversation logs, metadata, settings information, and, where applicable, audio data. 3. Outputs All analysis results, scores, reports, visualizations, feedback, and any other deliverables generated or provided through the Service. 4. Statistical Information Information created by processing and aggregating Customer Data so that no individual or specific Customer can be identified. 5. Right to Use The status granted by the Company to a Customer entitling such Customer to use the Service. 6. Assessment Link A number, code, or other symbol issued by the Company that, when redeemed by a Recipient in the manner specified by the Company, is used by the Company to grant such Recipient a Right to Use the Service. 7. Purchaser A Customer who, pursuant to Article 6, applies to the Company to use the Service for itself or applies for the issuance of an Assessment Link, and pays the consideration therefor. 8. Recipient A Customer who receives an Assessment Link transferred from a Purchaser and redeems it in the manner specified by the Company to be granted a Right to Use.
Article 3 (Intellectual Property Rights)
All intellectual property rights (including copyrights, patents, trademarks, trade secrets, and similar rights) in the Service, the platform, the software, the algorithms, the training methods, and any other matters related to the Service belong to the Company or its licensors. Pursuant to the Individual Agreement, the Company grants the Customer a non-exclusive, non-transferable, non-sublicensable, and limited Right to Use the Service solely for the Customer's own self-understanding, career development, or other personal purposes. This grant does not constitute a transfer of any intellectual property rights. Except for Customer Data, all rights in the format, structure, expression, and so-called "look and feel" of the Outputs belong exclusively to the Company.
Article 4 (Application for and Provision of the Service)
Customers shall apply for use of the Service in accordance with the method designated by the Company and shall use the Service only after agreeing to these Terms. Customers acknowledge and agree in advance that the Company will not accept any withdrawal of an application, cancellation, or refund of fees paid to the Company for reasons attributable to the Customer.
Article 5 (Acceptance by Recipients; Restrictions on Exchange for Value)
1. A Recipient shall accept these Terms and use the Assessment Link. 2. A Customer shall not exchange an Assessment Link or a Right to Use for cash, goods, or any other economic benefit, except by a method designated by the Company.
Article 6 (Gift Agreements)
1. A Customer may, in the manner designated by the Company, apply to the Company for an agreement under which the Company grants a Right to Use to a Recipient (a "Gift Agreement"). A Gift Agreement is formed when the Company accepts such application and issues an Assessment Link to the Purchaser. 2. A Right to Use is granted by the Company to the Recipient once the Recipient has satisfied all of the following: (1) the Recipient has applied to use the assessment in the Recipient's own name; (2) the Recipient has agreed to these Terms and the Company's Privacy Policy in the Recipient's own name; (3) the Recipient has redeemed the Assessment Link in the manner specified by the Company; and (4) the Company has confirmed that the Recipient does not fall under the Anti-Social Forces described in Article 15 and satisfies the Company's eligibility requirements. 3. Customer Data input by the Recipient into the Service, and any Outputs generated for the Recipient, belong to the Recipient. The Company will not disclose such information to the Purchaser except with the Recipient's express consent, and the Purchaser may not request the Company to disclose the Recipient's Customer Data or Outputs. 4. Registration information and other personal information of the Purchaser and the Recipient will not be disclosed to each other, except to the extent necessary to send the Assessment Link, such as the destination information entered by the Purchaser. 5. If the Company reasonably determines that a Purchaser or a Recipient has violated, or is likely to violate, these Terms, the Company may invalidate the Assessment Link, or suspend or extinguish a Right to Use already granted, without prior notice.
Article 7 (Assessment Link Terms and Restrictions)
1. An Assessment Link is valid for 30 days from its date of issuance. An Assessment Link that is not redeemed within its validity period will expire upon the lapse of such period, and the Company will provide no refund or other compensation. 2. Each Assessment Link may be redeemed only once. An Assessment Link that has already been redeemed, or that the Company has invalidated, may not be used. 3. The Purchaser and the Recipient are responsible for managing their own Assessment Links. Except in cases of willful misconduct or gross negligence by the Company, the Company is not liable for any damages incurred by a Purchaser or a Recipient arising from the loss, destruction, or unauthorized use by a third party of an Assessment Link, or otherwise arising from the management of an Assessment Link. The Company will not reissue Assessment Links. 4. Neither the Purchaser nor the Recipient may sell, exchange, or convert into cash an Assessment Link, or attempt to do so, by any method other than one designated by the Company. This includes, without limitation, listing, transferring, or selling an Assessment Link on an internet auction site, flea-market application, or other marketplace. 5. Except where the Company has given its prior written consent, a Purchaser may not purchase or provide Assessment Links to third parties for profit-making purposes or on a repeated, business-like basis. 6. A Purchaser may not cancel or request a refund after an Assessment Link has been issued. A Recipient may not cancel or request a refund after redeeming an Assessment Link. This does not apply where required by law. 7. An Assessment Link may be used only to redeem a Right to Use the Service provided by the Company and will not be refunded in cash or other economic benefit. This does not apply where required by law.
Article 8 (Prohibited Conduct)
Customers shall not engage in any of the following acts, whether directly or indirectly: 1. Reverse Engineering Attempting to analyze, extract, or discover the source code, algorithms, structure, or underlying ideas of the Service (including any AI models). 2. Automated Extraction Using crawlers, scrapers, bots, or other automated means to extract data or Outputs from the Service without the Company's prior written consent. 3. Competitive Use Using the Service to develop, train, or provide a competing product or service. 4. Input of Unlawful or Inappropriate Content Inputting or transmitting information that violates any law or regulation, is defamatory, infringes privacy, or violates labor laws or data protection laws. 5. Unauthorized Sublicensing Exchanging a Right to Use the Service for cash or other economic benefit, or lending, transferring, reselling, or sublicensing a Right to Use to a third party, by any method other than one designated by the Company. 6. Other Improper Use Any other act that the Company reasonably determines to be inappropriate, harmful, or disruptive to the operation of the Service.
Article 9 (Ownership and Use of Customer Data)
Rights in Customer Data belong to the Customer or other rightful owner and do not transfer to the Company. The Company may use Customer Data to the extent necessary to provide, operate, maintain, improve, market and develop the Service. Where Customer Data includes personal information, the Customer represents and warrants that it has obtained all necessary consents and lawful authority required under applicable law.
Article 10 (Retention and Deletion of Data)
Customer Data will not be automatically deleted upon termination of an Individual Agreement. Customer Data will be deleted or anonymized only upon the Customer's explicit written request, within a reasonable period that is operationally feasible. The Company may retain Customer Data to the extent necessary for legal compliance, dispute resolution, audits, security, backups, or other legitimate business purposes. Statistical Information may be retained and used without limitation as to period.
Article 11 (Creation and Use of Statistical Information)
The Company may create Statistical Information and use it without restriction for legitimate business purposes, including improving the Service, research, marketing, public relations, and publication through various media such as websites, reports, books, and presentation materials. Statistical Information will not include any information that identifies an individual or a specific Customer.
Article 12 (Indemnification)
If the Company (including its officers and employees) incurs damages, claims, or expenses (including reasonable attorney's fees) arising out of or related to any of the following, the Customer shall indemnify the Company for such damages, claims, or expenses: 1. improper use of the Service or the Outputs by the Customer; 2. any labor dispute or legal claim arising in connection with a personnel decision based on the Outputs; 3. any breach of representations or warranties relating to personal information or data use; or 4. any violation of these Terms or an Individual Agreement.
Article 13 (Modification and Discontinuation of the Service)
The Company may change the content of the Service or discontinue its provision at its own discretion.
Article 14 (Disclaimer)
The Service and the Outputs are provided "as is." Except in cases of willful misconduct or gross negligence, the Company is not liable for any damages arising from the use of, or inability to use, the Service. The Company makes no warranty regarding the accuracy, completeness, fitness for a particular purpose, or achievement of any particular result of the Service or the Outputs.
Article 15 (Exclusion of Anti-Social Forces)
Customers represent and warrant that they do not, and will not in the future, fall under the category of Anti-Social Forces. If the Company determines that a Customer falls under the category of Anti-Social Forces, the Company may suspend or terminate provision of the Service without prior notice.
Article 16 (Modification of these Terms)
The Company may modify these Terms pursuant to Article 548-4 of the Civil Code of Japan. Where such modification serves the general interest of Customers, or where the necessity for the modification and the reasonableness of its content are reasonable, the modification will take effect without requiring the individual consent of Customers. The content of any modification and its effective date will be notified by posting on the Service or by any other method the Company deems appropriate.
Article 17 (Governing Law and Jurisdiction)
These Terms are governed by the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance over any dispute arising out of or in connection with the Service or these Terms.
Supplementary Provisions
Enacted: September 1, 2026