Terms of Use -AVA Travel

These Terms of Use (hereinafter referred to as the “Terms”) set forth the matters to be observed by Users (defined in Article 2) and the rights and obligations between AVA Intelligence Inc. (hereinafter referred to as the “Company”) and Users in relation to the use of the Service (defined in Article 2) provided by the Company. Before agreeing to these Terms, please read the entire text carefully if you intend to use the Service.

Article 1 (Applicability)

1. The purpose of these Terms is to define the rights and obligations between the Company and the User (defined in Article 2) regarding the use of the Service, and these Terms shall apply to all relationships between the User and the Company concerning the use of the Service.

2. By browsing or referring to the Company Website, etc. (defined in Article 2), or by downloading or using the application provided by the Company, the User is deemed to have agreed to these Terms.

3. Rules and regulations concerning the Service that the Company posts on the Company Website, etc. from time to time shall constitute part of these Terms.

Article 2 (Definitions)

The following terms used in these Terms shall have the meanings set forth below:

(1) “External Services, etc.” means a collective term for External Partnership Services and External AI Tools. (2) “External Partnership Service Provider” means the service provider of an External Partnership Service. (3) “External Service Providers, etc.” means a collective term for External Partnership Service Providers and External AI Tool Providers. (4) “External Partnership Service Terms” means the terms and conditions defining the rights relationship between a Registered User and an External Partnership Service Provider. (5) “External AI Tool Provider” means a provider that provides External AI Tools. (6) “External AI Tool Terms” means the various terms and conditions posted on the website of an External AI Tool Provider (including any changes to the domain or content thereof for any reason) or other rules of the External AI Tool Provider defining the rights relationship regarding the use of External AI Tools. (7) “External Partnership Service” means a service prescribed by the Company provided by other operators such as Facebook, Google, etc., which has functions such as authentication of Registered Users and is used for the implementation of the Service. (8) “External AI Tools” means tools using AI provided by operators such as OpenAI, L.L.C, Google LLC, Microsoft Corporation, etc., which the Company uses in implementing the Service through API integration or other methods. (9) “Intellectual Property Rights” means copyrights (including rights set forth in Articles 27 and 28 of the Copyright Act), patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the rights to acquire such rights or to file applications for registration of such rights). (10) “Arranged Tour Service” means a service in which the Company arranges, upon the entrustment of a Registered User, for the Registered User to receive services concerning transport, accommodation, or other travel services provided by transport/accommodation facilities, etc., by acting as an agent, intermediary, or liaison for the Registered User. (11) “Company Website, etc.” means the website operated by the Company whose domain is “ava-intel.com” (including any changes to the domain or content of the Company’s website for any reason) and applications provided by the Company. (12) “Applicant” means an “Applicant” as defined in Article 3. (13) “Registration Information” means “Registration Information” as defined in Article 3. (14) “Registered User” means an individual or legal entity registered as a user of the Service pursuant to Article 3. (15) “Unregistered User” means an individual or legal entity that uses the Service without registering for the Service. (16) “The Service” means the travel proposal service named “AVA Travel,” Arranged Tour Services, and other services provided by the Company (including the application and other software named “AVA Travel,” and including the service after any change to its name or content for any reason). (17) “User” means a collective term for persons who browse, refer to, or use the Company Website, etc. (including installation of applications) and other users of the Service. (18) “Service Agreement” means the “Service Agreement” defined in Article 3, Paragraph 4. (19) “AI Partnership Service” means services within the Service that use automated response chat services or other External AI Tools.

Article 3 (User Registration)

1. A person wishing to register and use the Service (hereinafter referred to as an “Applicant”) may apply to the Company for user registration by agreeing to comply with these Terms and providing certain information specified by the Company (hereinafter referred to as “Registration Information”) to the Company in a manner specified by the Company. If the Applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, they shall obtain the consent of their legal representative, guardian, curator, or assistant before applying.

2. The application for registration must be made by the individual or legal entity appearing to use the Service themselves, and in principle, application for registration by a proxy is not permitted. Furthermore, the Applicant must provide true, accurate, and latest information to the Company upon application for registration.

3. The Company may cancel the registration in accordance with Article 10 if the person applying for registration pursuant to Paragraph 1 falls under any of the following items: (1) If the Company determines that there is a risk of violation of these Terms; (2) If there is any falsehood, error, or omission in all or part of the Registration Information provided to the Company; (3) If the person has had their registration for the use of the Service cancelled in the past; (4) If the person is a minor, adult ward, person under curatorship, or person under assistance, and has not obtained the consent, etc., of a legal representative, guardian, curator, or assistant; (5) If the Company determines that the person is an Anti-Social Force, etc. (meaning organized crime groups, organized crime group members, right-wing groups, anti-social forces, and other similar persons; the same applies hereinafter), or is engaged in some kind of interaction or involvement with Anti-Social Forces, etc., such as cooperating or being involved in the maintenance, operation, or management of Anti-Social Forces, etc., through funding or other means; (6) In other cases where the Company determines that registration is inappropriate.

4. The registration of the Applicant as a Registered User shall be completed upon the application based on Paragraph 1, and a contract concerning the use of the Service as a Registered User in accordance with the provisions of these Terms (hereinafter referred to as the “Service Agreement”) shall be formed between the Registered User and the Company.

5. If there is any change in the Registration Information, the Registered User shall notify the Company of such change without delay by the method specified by the Company and submit the materials requested by the Company.

Article 4 (Use of the Service)

1. During the effective term of the Service Agreement, the User may use the Service in accordance with the following methods according to the User’s attributes and other conditions specified in these Terms. However, if the Company changes the usage method of the Service or other contents of the Service at its discretion, the User shall use the Service in accordance with the contents after such change. (1) Users may use the Service in the following ways:

* Browsing, referencing, and using the Company Website, etc. (including operation of the application);

* Other methods approved by the Company for Users. (2) Among Users, Registered Users may use the Service in the following ways:

* Browsing and referencing the Company Website, etc.;

* Use of the travel destination proposal function provided by the Company;

* Use of Arranged Tour Services;

* Other methods approved by the Company for Users.

2. Except when providing Arranged Tour Services, the Company merely provides Users with information on travel destinations, information on services provided by travel agencies, and other information through the Service, and is not a person engaging in travel business (as defined in Article 2, Paragraph 1 of the Travel Agency Act), travel agency business (as defined in Article 2, Paragraph 2 of the Travel Agency Act), or travel service arrangement business (as defined in Article 2, Paragraph 6 of the Travel Agency Act). The Company shall not be involved in any matters regarding contracts between the User and travel agencies, including application, conclusion, performance, cancellation, etc., and assumes no responsibility whatsoever.

3. A Registered User wishing to use the Arranged Tour Service shall perform the procedures for using the Arranged Tour Service prescribed by the Company. The contents and conditions of the Arranged Tour Service shall be subject to the provisions of these Terms, as well as separately the Travel Agency Terms and Conditions (Yakkan), documents defining the conditions of the said Arranged Tour Service, and other documents delivered or presented by the Company to the Registered User. Note that the contents of such documents shall prevail over the contents of these Terms.

Article 5 (Management of Account Information)

1. The Registered User shall manage and store the user ID and password related to the Service (hereinafter referred to as “Account Information”) at their own responsibility and shall not allow a third party to use them, or lend, transfer, change the name of, or sell them, etc.

2. The Registered User shall bear the responsibility for damages caused by insufficient management of Account Information, errors in use, use by third parties, etc., and the Company assumes no responsibility whatsoever.

3. If the Registered User discovers that their Account Information has been stolen or is being used by a third party, they shall immediately notify the Company to that effect and follow the Company’s instructions.

Article 6 (Prohibited Acts)

1. In using the Service, the User shall not engage in any act falling under any of the following items: (1) Acts of using all or part of the information on travel destinations provided by the Company to the User or any information obtainable by the User from the Company Website, etc., for commercial purposes or purposes other than the User’s own travel purposes; (2) Acts of accessing or acquiring the Company’s website or data of the Service (including but not limited to personal information of other Users (meaning personal information defined in the Act on the Protection of Personal Information; the same applies hereinafter)) or attempting to access data without access permission using programs or other automated means (including but not limited to web scraping); (3) Acts that infringe on the Intellectual Property Rights, portrait rights, rights of privacy, honor, or other rights or interests of the Company, other Users, External Service Providers, etc., or other third parties (including acts that directly or indirectly cause such infringement); (4) Acts related to criminal acts or acts contrary to public order and morals; (5) Acts of transmitting obscene information or information harmful to youth; (6) Acts of transmitting information regarding dating with the opposite sex; (7) Stalking acts or other acts that cause discomfort to other Users; (8) Acts violating laws and regulations or the internal rules of the industry association to which the Company or the User belongs; (9) Acts of falsifying information that can be used regarding the Service; (10) Acts of transmitting information containing computer viruses or other harmful computer programs; (11) Acts of transmitting data exceeding a certain data capacity specified by the Company through the Service; (12) Acts that are likely to interfere with the Company’s operation of the Service; (13) Acts of providing personal information to the Company when using the AI Partnership Service; (14) Acts of using the AI Partnership Service for purposes other than searching for travel destinations or other purposes designated by the Company as uses for the AI Partnership Service; (15) Acts prohibited in the External AI Tool Terms; (16) Other acts deemed inappropriate by the Company.

2. If the Company determines that a User’s act in the Service falls under or is likely to fall under any of the items in the preceding paragraph, the Company may delete all or part of the information transmitted by such User, suspend transmission, or take other measures without prior notice to the User. The Company assumes no responsibility whatsoever for any damages caused to the User based on the measures taken by the Company pursuant to this paragraph.

3. If a User discovers that another User is engaging in acts specified in Paragraph 1 or other inappropriate acts, the User shall promptly report to the Company. Even if such a report is made, the Company shall handle such report at its discretion and assumes no obligation to take any action.

Article 7 (Suspension of the Service, etc.)

1. The Company may suspend or interrupt all or part of the use of the Service without prior notice to the User if any of the following applies: (1) When performing periodic or emergency inspection or maintenance work on the computer system related to the Service; (2) When computers, communication lines, etc. stop due to an accident; (3) When the operation of the Service becomes impossible due to force majeure such as fire, power outage, natural disaster, etc.; (4) When trouble, interruption or suspension of service provision, suspension of linkage with the Service, change of specifications, etc. occur in External Services, etc.; (5) In other cases where the Company determines that suspension or interruption is necessary.

2. The Company may terminate the provision of the Service at its convenience. In this case, the Company shall notify the User in advance.

3. The Company assumes no responsibility whatsoever for any damages caused to the User based on the measures taken by the Company pursuant to this Article.

Article 8 (Burden of Equipment, etc.)

1. Preparation and maintenance of computers, smartphones, software, other devices, communication lines, and other communication environments necessary to receive the provision of the Service shall be performed at the User’s expense and responsibility.

2. The User shall take security measures such as prevention of computer virus infection, prevention of unauthorized access, and prevention of information leakage at their own expense and responsibility according to their own usage environment of the Service.

3. Even if the Company has stored messages or other information sent and received by the User for a certain period for operational purposes, the Company is not obligated to store such information and may delete such information at any time. The Company assumes no responsibility whatsoever for any damages caused to the User based on the deletion of such information.

4. When the User installs software, etc. on the User’s computer, smartphone, etc. by downloading from the Company Website, etc. or other methods at the start of use of the Service or during the use of the Service, the User shall pay sufficient attention so that disappearance or alteration of information held by the User or failure, damage, etc. of equipment does not occur, and the Company assumes no responsibility whatsoever for such damages incurred by the User.

Article 9 (Attribution of Rights)

1. All ownership rights and Intellectual Property Rights regarding the Company Website, etc. and the Service belong to the Company or those who have granted licenses to the Company. The license to use the Service based on these Terms does not imply a transfer or license of the Intellectual Property Rights of the Company or those who have granted licenses to the Company regarding the Company Website, etc. or the Service, except as expressly provided in these Terms. Users shall not perform any act that is likely to infringe the Intellectual Property Rights of the Company or those who have granted licenses to the Company for any reason (including but not limited to disassembly, decompilation, and reverse engineering).

2. Regarding text, images, videos, and other data posted or otherwise transmitted by the User on the Company Website, etc. or the Service (hereinafter referred to as “Posted Data”), the Company may freely use them (including reproduction, copying, modification, sublicensing to third parties, and any other use) free of charge. Users shall fully understand that such Posted Data may be distributed or viewed on media other than the Company Website, etc., or other mediums, and may be provided to External AI Tool Providers, and that in such cases, the User may not be able to subsequently modify, delete, or make other corrections to the contents of such Posted Data (including but not limited to requesting deletion from External AI Tool Providers), and shall not raise any objection regarding these matters.

3. In order to improve the Service, the Company may acquire information regarding the User’s usage status of the Service, such as activity logs of Users acquired by the Company, and may provide such information to third parties. The User shall use the Service upon recognizing that such acquisition and provision under this paragraph will be conducted and consenting to such acquisition and provision.

4. Notwithstanding the provisions of the preceding paragraphs, the Intellectual Property Rights of Posted Data provided by the User to the Company when using the AI Partnership Service shall be transferred to the Company at the time of such provision, and the User shall not exercise moral rights of authors against the Company regarding such Posted Data. In addition, the User fully understands that said Posted Data may be used by External AI Tool Providers and shall not raise any objection regarding these matters.

Article 10 (Registration Cancellation, etc.)

1. If a User falls under any of the following items, the Company may suspend the use of the Service for said User or cancel the registration as a Registered User without prior notice or demand: (1) Violation of any provision of these Terms; (2) If it is found that there is a falsehood in the Registration Information; (3) Use or attempted use of the Service for a purpose or method that is likely to cause damage to the Company, other Users, External Service Providers, etc., or other third parties; (4) If the User becomes unable to receive the provision or linkage of services from an External Service Provider, etc. due to violation of the External Partnership Service Terms or other reasons; (5) Interference with the operation of the Service regardless of the means; (6) Suspension of payment or insolvency, or filing of a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings; (7) Dishonor of a bill or check drawn or accepted by oneself, or suspension of transactions by a clearinghouse or other similar measures; (8) Filing of a petition for attachment, provisional attachment, provisional disposition, compulsory execution, or auction; (9) Disposition for delinquency of taxes and public dues; (10) Death or commencement of guardianship, curatorship, or assistance; (11) If there is no use of the Service for 12 months or more and no response to contact from the Company; (12) Cases falling under any of the items of Article 3, Paragraph 3; (13) Other cases where the Company determines that continuation of the use of the Service by the User is not appropriate.

2. If any of the items in the preceding paragraph applies, the User naturally and automatically forfeits the benefit of time regarding all debts owed to the Company and must immediately pay all debts to the Company.

3. The Company and the Registered User may cancel the registration of the Registered User by notifying the other party by the method prescribed by the Company at least 14 days in advance.

4. The Company assumes no responsibility whatsoever for damages caused to the User due to acts performed by the Company pursuant to this Article.

Article 11 (Disclaimer of Warranty and Exemption from Liability)

1. The Company strives to propose travel destinations that suit the User’s preferences, but makes no guarantee whatsoever that the travel and travel destinations, etc. proposed by the Company will meet the User’s wishes. Also, although the Company strives to provide accurate information about travel destinations, ultimately the User shall confirm whether the information provided by the Company is accurate and up-to-date, and the Company does not guarantee the accuracy or currency of the information. In particular, since the AI Partnership Service depends on the response accuracy and other performance of the AI of the External AI Tool Provider, the Company does not guarantee the accuracy or currency of information presented by the use of the AI Partnership Service for any reason. The Service is provided on an “as-is” basis, and the Company makes no warranty whatsoever regarding the Service, including fitness for a particular purpose, commercial utility, completeness, continuity, etc.

2. Even if the User obtains some information directly or indirectly from the Company regarding the Service, the Company Website, etc., other Users of the Service, or other matters, the Company makes no warranty to the User beyond what is stipulated in these Terms.

3. Although the Service may link with External Partnership Services, such linkage is not guaranteed, and the Company assumes no responsibility whatsoever even if linkage with External Partnership Services cannot be performed in the Service.

4. In cases where the Service is linked with External Partnership Services, the User shall comply with the External Partnership Service Terms at their own expense and responsibility, and even if a dispute, etc. arises between the User and the External Partnership Operator operating said External Partnership Service, the Company assumes no responsibility whatsoever for such dispute, etc.

5. The User shall investigate whether the use of the Service violates laws and regulations, internal rules of industry associations, etc. applicable to the User at their own responsibility and expense, and the Company does not guarantee in any way that the use of the Service by the User conforms to laws and regulations, internal rules of industry associations, etc. applicable to the User.

6. Transactions, communications, disputes, etc. arising between the User and other Users, External Service Providers, etc., or other third parties in relation to the Service or the Company Website, etc. shall be processed and resolved at the User’s responsibility, and the Company assumes no responsibility whatsoever for such matters.

7. The Company shall not be liable to indemnify for any damages incurred by the User related to the Service, including interruption, suspension, termination, unavailability, or change of the provision of the Service by the Company, deletion or loss of the User’s messages or information, cancellation of the registration of a Registered User, loss of data or failure or damage to equipment due to the use of the Service.

8. Even if links to other websites are provided from the Company Website, etc. or links to the Company Website are provided from other websites, the Company assumes no responsibility whatsoever for websites other than the Company Website and information obtained therefrom for any reason.

9. In the Service, there may be differences in available functions, service contents, accessible information, etc. between Registered Users and Unregistered Users. In addition, the Company may change, add, or delete functions and service contents available to Registered Users and Unregistered Users, respectively, without prior notice. The Company assumes no responsibility whatsoever for any disadvantage, damage, trouble, etc. arising from such functional differences, except in cases where willful misconduct or gross negligence is recognized on the part of the Company.

10. The Company assumes no responsibility for compensation for damages incurred by the User in relation to the Service. Even in cases where the Company bears liability for damages to the User due to the application of the Consumer Contract Act or other reasons, the Company’s liability for compensation shall be limited to the total amount of usage fees for the Service actually received from the User in the past 6 months counting back from the time the cause of damage occurred, or 1,000 yen, whichever is higher.

Article 12 (User’s Liability for Compensation, etc.)

1. If a User causes damage to the Company by violating these Terms or in relation to the use of the Service, the User must compensate the Company for such damage.

2. If a User receives a claim from or enters into a dispute with other Users, External Service Providers, etc., or other third parties in relation to the Service, the User shall immediately notify the Company of the content thereof, process such claim or dispute at the User’s expense and responsibility, and report the progress and results to the Company based on the Company’s request.

3. If the Company receives any claim from other Users, External Service Providers, etc., or other third parties due to rights infringement or other reasons in relation to the User’s use of the Service, the User must compensate the amount that the Company was forced to pay to said third party based on said claim.

Article 13 (Confidentiality)

1. In these Terms, “Confidential Information” means all information regarding the Company’s technology, business, operations, finance, organization, and other matters that the User has been provided or disclosed by the Company in writing, orally, or by recording media, etc., or has come to know, in connection with the Service Agreement or the Service. However, (1) information that was already generally known or already known to the User when provided or disclosed by the Company or when learned, (2) information that became publicly known through publications or otherwise due to reasons not attributable to the User after being provided or disclosed by the Company or learned, (3) information lawfully acquired without assuming a confidentiality obligation from a third party having the authority to provide or disclose, (4) information developed independently without relying on Confidential Information, and (5) information confirmed in writing by the Company as not requiring confidentiality, shall be excluded from Confidential Information.

2. The User shall use Confidential Information only for the purpose of using the Service and shall not provide, disclose, or leak the Company’s Confidential Information to a third party without the Company’s written consent.

3. Notwithstanding the provisions of Paragraph 2, the User may disclose Confidential Information based on an order, requirement, or request of a law, court, or government agency. However, if there is such an order, requirement, or request, the User must promptly notify the Company to that effect.

4. When reproducing documents or magnetic recording media, etc. containing Confidential Information, the User shall obtain the Company’s written consent in advance, and strictly manage the reproductions in accordance with Paragraph 2.

5. Whenever requested by the Company, the User must return or dispose of Confidential Information and documents or other recording media containing or including Confidential Information and all reproductions thereof without delay in accordance with the Company’s instructions.

Article 14 (Effective Term of Service Agreement)

The Service Agreement shall remain effectively in force between the Company and the Registered User until the date the registration of said Registered User is cancelled, the date the User uninstalls the application, or the date the provision of the application is terminated, whichever is earlier.

Article 15 (Amendment of Terms, etc.)

1. The Company may freely change the contents of the Service.

2. The Company may change these Terms (including rules, regulations, etc. concerning the Service posted on the Company Website, etc.; hereinafter the same in this paragraph). If the Company changes these Terms, the Company shall notify the User of the content of such change by posting on the Company website, by email, or by other methods, and if the User uses the Service after notification of such change content, the User shall be deemed to have agreed to the change of these Terms.

Article 16 (Contact/Notice)

Inquiries concerning the Service and other contacts or notices from the User to the Company, and notices concerning changes to these Terms and other contacts or notices from the Company to the User, shall be made by methods prescribed by the Company.

Article 17 (Assignment of Terms, etc.)

1. The User may not assign, transfer, set collateral on, or otherwise dispose of their status under the Service Agreement or rights or obligations based on these Terms to a third party without the prior written consent of the Company.

2. If the Company transfers the business related to the Service to a third party (regardless of the form, such as business transfer, company split, etc.), the Company may transfer the status under the Service Agreement, rights and obligations based on these Terms, and the User’s Registration Information and other customer information to the transferee of such transfer, and the User shall be deemed to have agreed to such transfer in advance in this paragraph.

Article 18 (Entire Agreement)

These Terms constitute the entire agreement between the Company and the User regarding the matters included in these Terms, and supersede any prior agreements, representations, and understandings between the Company and the User regarding the matters included in these Terms, whether oral or written.

Article 19 (Severability)

Even if any provision of these Terms or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining parts of provisions determined to be partially invalid or unenforceable shall continue to be fully effective. The Company and the User shall strive to correct such invalid or unenforceable provisions or parts to the extent necessary to make them lawful and enforceable, and to ensure the intent of such invalid or unenforceable provisions or parts and legally and economically equivalent effects.

Article 20 (Survival Provisions)

The provisions of Article 4 Paragraph 2, Article 5 Paragraph 2, Article 6 Paragraphs 2 and 3, Article 7 Paragraph 3, Article 8, Article 9, Article 10 Paragraphs 2 and 4, Articles 11 through 13, and Articles 17 through 21 shall remain valid even after the termination of the use of the Service.

Article 21 (Language, Governing Law, and Jurisdiction)

If there is any discrepancy between these Terms and a translation of these Terms provided by the Company, these Terms (Japanese) shall prevail. The governing law of these Terms shall be Japanese law, and the Tokyo District Court or the Tokyo Summary Court shall be the exclusive agreed jurisdictional court of the first instance for all disputes arising from or related to these Terms.

Article 22 (Consultation Resolution)

If any matter not stipulated in these Terms or any doubt regarding the interpretation of these Terms arises, the Company and the User shall resolve it promptly upon consultation in accordance with the principle of good faith and trust.