Terms of Service Agreement

1. WELCOME

a. Welcome to the us application . (“FSO”, “we”, or “us”). The address of our company is located at: 3-11-5 Ueno, Taito-ku, Tokyo, 1100005 JAPAN. We operate services, which we make available through applications available for download on your device, including without limitation the FSO application (such application, the “App”, and such services collectively, the "Service").

2. THE SERVICES

a. Our Services provide a proprietary platform that allows users to interact with and receive services from AI-powered characters that we create via (i) in-App text; (ii) in-App voice-call. AI tools will function in the following scenarios, for example: when characters respond to your text and voice call within the app. These scenarios are just for reference, and the specific performance depends on how users use them.

b. AI-powered character services are provided by Petron AI.

c. Please notice that content generated by AI has limitations. We don't promise that all the contents our characters send you are completely trustworthy.

3. YOUR RELATIONSHIP WITH US

a. This document and any documents referred to within it (collectively, the "Terms of Service") explain the terms by which you may use the Service.If you are accessing the Service from the United States, this document shall apply to your use of the Service.

b. Please read these Terms of Service carefully to ensure that you understand them before you use the Service.

c. By accessing or using the Service, you signify that you have read and understood our collection, use and disclosure of your personal information as described in our Privacy Notice, and agree to be bound by these Terms of Service.

d. This is a contract between you and us. You must read and agree to these terms before using the Service. You may use the Service only if you can form a binding contract with us, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. You must be 18 years or older and capable in your country of residence of entering into a legally binding agreement to use the Service. If you do not agree to these Terms of Service, please do not use the Service. These Terms of Service apply to all visitors, users, and others who register for or otherwise access the Service (“Users”). The Service is not available to any Users previously removed from the Service by us.

e. Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms of Service by reference.

4. MEDICAL DISCLAIMER

a. We are not a healthcare or medical provider and the service does not contain or constitute, and should not be interpreted as medical services or advice. Use of the services is not for medical emergencies. If you think you have a medical emergency, call 911 or the relevant emergency number in your jurisdiction.

b. The information generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the service should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. Your use of the service does not create a doctor-patient relationship between you and us.

c. You agree that: (i) if you are in need of or are seeking medical treatment or emergency care, you should contact your healthcare provider or call emergency services immediately; (ii) we do not provide medical treatment, advice, or diagnosis and are not a healthcare provider; (iii) we are not your healthcare provider and do not provide emergency services, and may not contact you or anyone on your behalf with respect to your medical condition or treatment; (iv) data provided by us through the service is for informational purposes only and is not intended to replace the relationship between you and your physician or other healthcare provider; (v) we and our personnel are not licensed medical care providers and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific treatment on a medical condition; (vi) you should always consult a physician if you have any questions regarding a medical condition; (viii) we have no liability with respect to any survey or research or medical program or study with which you may be using the service; and, (ix) we are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through or is generated by the service.

d. You represent to us (which representation shall be deemed to be made each time you use the service), that you are not using the service or participating in any of the activities offered by the service for purpose of seeking medical attention.

5. YOUR RIGHT TO USE THE SERVICE

a. Subject to the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service in accordance with these Terms of Service. We reserve all rights not expressly granted herein in the Service and Our Content (as defined below). We may terminate this license at any time for any reason or no reason. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void.

b. Your right to use the Service, and any content that we make available through the Service, is personal to you and you are not allowed to give this right to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.

c. Unless allowed by these Terms of Service and as permitted by the functionality of the Service, you agree:

d. You agree that all confidential information, copyright and other intellectual property rights in the Service belong to us or the people who have licensed those rights to us.

e. You agree that you have no rights in or to the Service other than the right to use them in accordance with these Terms of Service.

f. Our characters are powered in part by machine learning models and services provided by OpenAI, LLC. You agree to be bound by the terms of the OpenAI Terms of use available at https://openai.com/policies/terms-of-use, including with respect to the terms of Section 3 which provide that OpenAI may use User Content provided to the OpenAI services to help develop and improve the OpenAI services. You can find contact information about OpenAI from https://openai.com/.

g. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.

h. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User’s action or inaction.

6. SERVICE ACCOUNTS

a. Your account gives you access to the Service, including the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users.

b. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.

7. RULES OF ACCEPTABLE USE

a. When using the Service, you must not:

b. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):

c. The responses described in this Section are not limited, and we may take any other action we reasonably deem appropriate.

8. OUR PROPRIETARY RIGHTS

a. The Service and all materials therein or transferred thereby, including, without limitation, software, official characters, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (“Our Content”), and all intellectual property rights related thereto, are the exclusive property of us and our licensors. Subject to your compliance with these Terms, we hereby grants to you a limited, non-exclusive, worldwide, royalty-free, revocable license, to use, copy, distribute, creative derivative works of, perform and display the Petron AI Output for your own personal, non-commercial use (e.g., your own personal display or use). Our Content can't be adapted, edited, and used in commercial purpose without our official permission.

b. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.

9. IN-APP CURRENCY AND GOODS

a. The Paid Service may include an opportunity for you to acquire virtual, in-game currency ("Virtual Currency"), including by purchasing a limited license to Virtual Currency for a fee. The Paid Service may also include the opportunity to acquire virtual, in-game digital items ("Virtual Goods"), including by purchasing a limited license to the Virtual Goods that may be paid for with real money or Virtual Currency. When you pay to obtain such Virtual Currency or Virtual Goods, you acknowledge and agree that you are obtaining or purchasing the right to have your License include such Virtual Currency and Virtual Goods. You further acknowledge and agree that neither Virtual Currency nor Virtual Goods have any monetary value whatsoever and shall not be redeemed for real money (fiat or otherwise) or any item with monetary value, and Virtual Currency and Virtual Goods are not provided for investment purposes.

b. Regardless of any reference Paid Service might make outside this Agreement to purchasing or selling Virtual Currency or Virtual Goods, you acknowledge and agree that both Virtual Currency and Virtual Good(s) are licensed, not sold, to you under this Agreement. Provided that you comply with this Agreement, Paid Service grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use the Virtual Currency and Virtual Good(s), whether paid for or otherwise obtained, solely in connection with your use of the Paid Service. Except as permitted under this Agreement, you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods. Any access or use of Virtual Currency or Virtual Goods not specifically permitted by this Agreement is a violation of this Agreement and may result in a termination of your Account. Except for the limited license granted described above, Paid Service reserves and retains all other rights, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.

c. Paid Service reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that Paid Service may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.

d. When you provide payment information to Paid Service or its authorized processor, you represent that you are an authorized User of any payment method specified by you, and you authorize Paid Service to charge such payment method(s) for the full amount of the transaction. You acknowledge and agree that any payment for the right to have your License include Virtual Currency and/or Virtual Good(s) is non-refundable and non-transferable, except as otherwise required by applicable law or when our policy would otherwise permit. You further acknowledge and agree that you are not entitled to a refund for any Virtual Currency, except as otherwise required by applicable law. Should you have any questions regarding the refund policy, please contact our customer service at support@fsotool.com.

e. You agree and acknowledge that due to the special nature of online game services, there are no transactions involving physical goods and the purchasing experience comes from the provision of a license to digital features within the online game services provided by the game manufacturer.

10. ENDING OUR RELATIONSHIP

a. If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.

b. We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or any other terms and conditions we set for accessing and using the Service including these Terms of Service.

c. We may also withdraw the Service as long as we give you reasonable notice that we plan to do this.

d. If you or we end your use of the Service or we withdraw the Service as described in this Section M, we may delete information we hold about you. You will also lose any rights you have to use the Service or access Our Content. We will not offer you compensation for any losses.

e. The termination of your use of the Service and shall not affect any of your obligations to pay any sums due to us.

f. Nothing in this Section M affects any legal rights you may have under the law of the country in which you reside.

11. PRIVACY AND SECURITY

a. We care about the privacy of our Users. You understand that by using the Service you signify that you have read and understood our collection, use and disclosure of your personal information as described in our Privacy Notice, including that your personal information may be collected, used, transferred to and processed in the United States.

b. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

12. OUR LIABILITY / RESPONSIBILITY TO YOU

a. The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, we, our subsidiaries, our affiliates, and our licensors do not warrant that our content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

b. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

c. To the maximum extent permitted by applicable law, in no event shall we, our affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

d. To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) the defamatory, offensive, or illegal conduct of any third party. In no event shall we, our affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to us hereunder or $100.00, whichever is greater.

e. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

f. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

13. RESOLVING DISPUTES

a. If you have a dispute with us relating to the Service, in the first instance, please contact us at support@fsotool.com and attempt to resolve the dispute with us informally.

b. In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute, pursuant to Section W.

14. INDEMNITY

a. You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and our and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence, fraud or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

15. UPDATES

a. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Service.

b. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ("Changes to the Service"). These Changes to the Service may affect your past activities on the Service and features that you use ("Service Elements"). Any changes to the Service could involve your Service Elements being deleted or reset. You agree that the terms and conditions of these Terms of Service will apply to all such Changes to the Service.

c. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service.

16. CHANGES TO THE DOCUMENTS

a. We may, in our sole discretion, modify, update, or revise these Terms of Service from time to time but the most current version will always be available on the then-current app for the Service. When we change these Terms of Service in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to these Terms of Service. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

b. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.

c. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice. We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our app, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Service. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

17. DOCUMENTS THAT APPLY TO OUR RELATIONSHIP WITH YOU

a. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you.

b. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.

c. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

18. ENTIRE AGREEMENT/SEVERABILITY/Waiver

These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

19. ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

20. NO WAIVER

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

21. CONTACT

If you have any questions about these Terms of Service, please contact us at support@fsotool.com.

LAST MODIFIED

These Terms of Service were last modified on Sep 28, 2024.