Last Updated: January 8, 2025

These Terms of Service apply to users in the United States. For users in Japan, please refer to our Japanese Terms of Service.

1. Introduction

These Terms of Service (hereinafter referred to as "the Terms") set forth the conditions for using our child development support application (hereinafter referred to as "the App"). Please read these Terms carefully before using the App.

2. Definitions

• "User" refers to parents, nursery teachers, and therapy teachers who use the App.
• "Content" refers to text, images, videos, and other information posted or stored through the App.
• "AI Analysis" refers to the video analysis and development assessment features provided by the App.

3. Account Registration and Management

1. Users must register accurate information to use the App.
2. Users are responsible for managing their account information.
3. If you discover any unauthorized use of your account, please contact us immediately.

4. Prohibited Activities

The following activities are prohibited:

1. Activities that violate laws or public order and morals
2. Activities that infringe on the rights of other users or third parties
3. Activities that interfere with the operation of the App
4. Registration of false information
5. Unauthorized use of the App's features

5. Content Handling

1. Rights to content posted by users belong to the respective users.
2. Users shall only post content that aligns with the purpose of using the App.
3. We reserve the right to remove inappropriate content.

6. AI Analysis Features

1. The App's AI analysis features are provided as supplementary tools for development support.
2. AI analysis results are for reference only and do not replace medical diagnosis.
3. Video analysis accuracy may vary depending on recording conditions (lighting, angle, image quality, etc.).
4. Analysis results are not guaranteed to be 100% accurate.
5. We recommend consulting with professionals for important decisions.
6. Please make comprehensive judgments without over-relying on AI analysis results.

7. LLM Generation Features

1. The App's LLM (Large Language Model) development suggestion features are provided as general guidelines.
2. LLM-generated advice may not fully reflect your child's individual circumstances.
3. Suggested content is not medical advice and does not replace individual guidance from professionals.
4. LLM-generated content may contain inaccurate information due to technical limitations.
5. Please consult with professionals before implementing any suggestions.

8. Disclaimer

1. We are not liable for any damages arising from the use of the App.
2. We do not guarantee continuous provision of the App's features and services.
3. The App's features may not function properly due to communication environment or device conditions.

9. Intellectual Property Rights

1. Intellectual property rights related to the App belong to us or the rightful owners.
2. Users shall not reproduce, modify, or redistribute the App.

10. Changes to Terms

1. We may change these Terms as necessary.
2. Changes to the Terms will take effect upon notification on the App.

11. Governing Law and Jurisdiction

1. These Terms shall be interpreted in accordance with Japanese law.
2. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

12. Contact Information

For inquiries regarding these Terms, please contact:

With U Co., Ltd.
Email: admin@withuai.com

13. Dispute Resolution and Arbitration (United States Users)

13.1 Informal Resolution

Before initiating any arbitration or court proceeding, you agree to first contact us at admin@withuai.com and attempt to resolve the dispute informally for at least 30 days.

13.2 Binding Arbitration

If we cannot resolve the dispute informally, you and With U Co., Ltd. agree to resolve any claims relating to these Terms or the App through final and binding arbitration, except as set forth below. The arbitration shall be administered by JAMS (Judicial Arbitration and Mediation Services) under its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted in English and held remotely via video conference or, if required, in San Francisco, California.

13.3 Class Action Waiver

YOU AND WITH U CO., LTD. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

13.4 Exceptions to Arbitration

Notwithstanding the above, either party may bring an individual action in small claims court, or seek injunctive or other equitable relief to protect intellectual property rights in any court of competent jurisdiction.

13.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to admin@withuai.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of this arbitration agreement.

14. Disclaimer of Warranties

THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF AI ANALYSIS RESULTS
• WARRANTIES REGARDING LLM-GENERATED CONTENT OR SUGGESTIONS

AI ANALYSIS AND LLM-GENERATED SUGGESTIONS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL, THERAPEUTIC, OR PROFESSIONAL ADVICE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. WITH U CO., LTD. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to your use of the App.
2. OUR TOTAL LIABILITY for any claims arising from or related to these Terms or the App SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
3. These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

16. Indemnification

You agree to indemnify, defend, and hold harmless With U Co., Ltd., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

1. Your use of the App
2. Your violation of these Terms
3. Your violation of any rights of another party
4. Any content you submit or share through the App

17. Governing Law (United States Users)

For users residing in the United States, these Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. For matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. If the class action waiver is found to be unenforceable, the entire arbitration agreement shall be void.