Attuned Terms of Service
Article 1 (Details of the Services)
“Attuned” is a cloud-based service provided by Attuned K.K. (the “Company”) that enables the Company’s customers (the “Customers”) to request specific individuals (the “Individual User”) to answer questions, and to analyze and utilize the results thereof for the purpose of improving people management, organizational development, and workplace environments.
The Services include AI TalkCoach and other AI-based analysis and feedback features, information provision functions via email or similar means, and all related and ancillary functions and services.
Customers and Individual Users are collectively referred to as the “Users.”
Article 2 (Definitions)
1. Individual Agreement
An agreement formed pursuant to these Terms specifying the conditions for provision of the Services, including contract term, fees, plan details, and number of licenses.
2.Customer Data
All information provided, input, transmitted, uploaded, or generated by Customers, their officers or employees, Individual Users, or other Users in connection with the Services, including but not limited to survey responses, questionnaire answers, text data, conversation logs, metadata, settings, account information, and, where applicable, audio data.
3.Outputs
All analysis results, scores, reports, visualizations, feedback, AI TalkCoach coaching content, and other deliverables generated or provided through the Services.
4.Statistical Information
Information created by processing and aggregating Customer Data so that no individual or specific Customer or Subject can be identified.
5.Foundation Models
Large-scale language models or other AI models, and their APIs, provided by third parties and used by the Company to implement certain features of the Services, including AI TalkCoach.
Article 3 (Intellectual Property Rights)
All intellectual property rights (including but not limited to copyrights, patents, trademarks, trade secrets, algorithms, software, platform design, and training methodologies) related to the Services are the exclusive property of the Company or its licensors.
The Company grants the Customer a non-exclusive, non-transferable, non-sublicensable, and limited right to use the Services solely during the term of the Individual Agreement and solely for its internal business purposes. This grant does not constitute a transfer of any intellectual property rights.
Except for Customer Data, all rights to the format, structure, presentation, and “look and feel” of the Outputs belong exclusively to the Company.
Article 4 (Application for and Provision of the Services)
1. Users shall apply for use of the Services in accordance with the method designated by the Company and shall use the Services only after agreeing to these Terms.
2. The Services shall be deemed to have commenced upon completion of service setup by the Company and notification thereof to the Customer. For training or coaching services, provision shall be deemed complete upon completion of such services.
3. The Company reserves the right to immediately suspend or restrict access to the Services, in whole or in part, without prior notice, if the Customer fails to pay any fees due under the Individual Agreement by the designated due date.
Article 5 (Prohibited Conduct)
Users shall not engage in any of the following acts, whether directly or indirectly:
1. Reverse Engineering
Attempting to derive source code, underlying ideas, algorithms, models, or system architecture of the Services, including AI models.
2. Automated Extraction
Using crawlers, scrapers, bots, or other automated means to extract data or Outputs from the Services without the Company’s prior written consent.
3. Competitive Use
Accessing or using the Services for the purpose of developing, training, or providing a competing product or service.
4. Illegal or Improper Content
Inputting, transmitting, or processing data that is unlawful, defamatory, violates privacy rights, or breaches applicable labor, employment, or data protection laws.
5. Unauthorized Sublicensing
Renting, leasing, sublicensing, reselling, or otherwise making the Services available to third parties without the Company’s authorization.
6. Other Misuse
Any other act that the Company reasonably determines to be inappropriate, harmful, or disruptive to the Services or other Users.
Article 6 (Ownership and Use of Customer Data)
Ownership of Customer Data shall remain with the Customer or other rightful owner and shall not transfer to the Company.
The Company may use Customer Data to the extent necessary to provide, operate, maintain, improve, and develop the Services (including AI TalkCoach), in accordance with these Terms and applicable law.
Customers represent and warrant that they have obtained all necessary consents and lawful authority for the provision and use of Customer Data.
Article 7 (AI TalkCoach and Automated Analysis)
The Company may automatically analyze primarily text-based information, survey responses, conversation content, and derived data using AI and generate Outputs.
Audio data or transcribed audio data may be used where applicable.
Users acknowledge that AI-generated Outputs may contain limitations, inaccuracies, or errors.
Article 8 (Use of Foundation Models and External Processing)
The Company may transmit all or part of Customer Data to Foundation Model providers or other external service providers for the purpose of providing the Services.
The Company will make reasonable efforts to apply anonymization or de-identification measures where feasible; however, complete anonymization cannot be guaranteed.
Article 9 (AI Model Improvement and Learning)
The Company may use Customer Data to improve and develop AI features, models, and algorithms related to the Services.
These Terms do not make any representations or warranties regarding whether third-party Foundation Model providers use Customer Data for training or learning purposes.
Article 10 (Data Retention and Deletion)
Customer Data will not be automatically deleted upon termination of the Individual Agreement.
Customer Data shall be deleted or anonymized only upon an explicit written deletion request from the Customer, within a reasonable and operationally feasible period.
The Company may retain Customer Data as necessary for legal compliance, dispute resolution, audits, security, backups, or other legitimate business purposes.
Statistical Information may be retained indefinitely.
Article 11 (Statistical Information)
The Company may create and use Statistical Information without limitation for service improvement, research, marketing, public relations, and publication in media including websites, reports, books, and presentations, provided that no individual or specific Customer or Subject can be identified.
Article 12 (Indemnification)
The Customer shall defend, indemnify, and hold harmless the Company and its officers, directors, and employees from and against any and all claims, damages, losses, liabilities, and costs (including reasonable attorney fees) arising out of or related to:
1. Misuse of the Services or Outputs by the Customer or its Individual Users;
2. Labor disputes, employment claims, or legal actions arising from personnel decisions made by the Customer based on Outputs;
3. Any breach of representations or warranties regarding personal information or data consent;
4. Any violation of these Terms or the Individual Agreement by the Customer or Users.
Article 13 (Disclaimer)
The Services and Outputs are provided “as is.” The Company shall not be liable for damages unless caused by willful misconduct or gross negligence.
The Company makes no warranties regarding accuracy, completeness, fitness for a particular purpose, or achievement of specific outcomes.
Article 14 (Exclusion of Anti-Social Forces)
Users represent and warrant that they are not affiliated with anti-social forces.
The Company may immediately suspend or terminate the Services if such affiliation is identified.
Article 15 (Modification of the Terms)
The Company may modify these Terms pursuant to Article 548-4 of the Japanese Civil Code where such modification is reasonable.
Notice of modifications will be provided via the Services or other appropriate means.
Article 16 (Governing Law and Jurisdiction)
These Terms shall be governed by the laws of Japan.
The Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
Supplementary Provisions
Enacted: June 6, 2018
Revised: October 7, 2019
Revised: September 4, 2020
Revised: January 30, 2026