AI Concierge Service Terms of Use

Article 1 (Application of the Terms)

1. These Terms of Service (hereinafter referred to as "these Terms") shall apply to users (hereinafter referred to as "customers") who use the AI concierge service (hereinafter referred to as "the Service") provided through the website and application developed by NOT A HOTEL Co., Ltd. (hereinafter referred to as the "Company"). Note that the Service may be provided through the Company's cloud service.
2. In the event of any inconsistency or conflict between these Terms and the separate accommodation terms, usage terms, or other terms stipulated by the Company, these Terms shall take precedence.
3. The Company may, at its discretion, modify these Terms within the scope of the purpose of the Service. In this case, the Company shall notify the customers of the intent to modify these Terms, the content of the modified Terms, and the effective date of the modified Terms before the effective date, through appropriate locations on the Company's website or application and through any other means deemed appropriate by the Company. The modified Terms shall take effect from the effective date.

Article 2 (Use of the Service)

1. Customers may use the Service for the main purpose of resolving questions and inquiries that arise during their stay at hotels developed by the Company or the Company's partners. The use of the Service for illegal or improper purposes is prohibited.
2. The development of the Service utilizes technologies such as GPT-3.5 provided by OpenAI. Please use the Service after fully understanding that it is based on AI technology and that answers to questions may not always be accurate. Also, please comply with the terms of use listed at the following URL provided by OpenAI when using the Service: https://openai.com/policies/terms-of-use
3. The Service does not allow for the reservation, change, or cancellation of hotel accommodations, dining, or ancillary services. For reservations, changes, or cancellations, please use the reservation form or cancellation form. If you attempt to make a reservation, change, or cancellation through the Service, the response of the AI concierge may give the impression that the Company or the Company's partner has completed the acceptance of the reservation, change, or cancellation, but the Company and the Company's partner shall not be responsible for such response.
4. The rights related to the use of the Service are granted only to customers staying at hotels developed by the Company or the Company's partners.

Article 3 (Prohibited Actions)

The following acts or acts that could interfere with or hinder the operation of the Service (including but not limited to) are prohibited in relation to the use of the Service.

1. Actions that interfere with the Service's server or network system
2. Actions that alter or delete the content of the Service or any other information that can be obtained through the Service
3. Actions that manipulate the Service unlawfully
4. Actions that transmit harmful computer programs or viruses
5. Actions that intentionally exploit malfunctions of the Service
6. Actions that decipher the source code of the Service through reverse engineering, decompilation, disassembly, or other methods
7. Actions that fail to take appropriate security measures for one's own server or network system
8. Actions that infringe upon copyrights, trademarks, or other intellectual property rights of the Company or third parties, or actions that may cause such infringement
9. Actions that violate laws or public order and morals, or actions that are disadvantageous to the Company or third parties
10. Actions that discriminate against or defame others, or actions that undermine their reputation or credibility
11. Actions that are likely to lead to fraud or other crimes
12. Actions that transmit images, texts, or other materials that are obscene, child pornography, or related to child abuse
13. Actions that use the Service by impersonating third parties
14. Any other actions that the Company deems inappropriate and unreasonable

Article 4 (Security Measures)

The Company shall take security measures deemed reasonable by the Company to ensure the safety of the Service. However, this provision does not guarantee the prevention of unauthorized access to the Company's servers or network systems or unauthorized use of the Service by third parties.

Article 5 (Intellectual Property Rights)

Inventions, ideas, creations, and trade secrets related to AI technology used in the Service, such as the AI technology and the pretrained models, as well as AI technology-related data created or generated by the Company (hereinafter referred to as "Derivative Data"), shall be owned by the Company. Unless otherwise specified, only the Company shall have any right to use the Derivative Data.

Article 6 (Suspension, Modification, and Termination of the Service)

The Company may suspend, modify, or terminate the Service at any time at its discretion.

Article 7 (Customer's Responsibility)

Customers shall use the Service at their own risk and shall be liable for all actions and their consequences in relation to the Service.

Article 8 (Disclaimer)

1. The Company does not guarantee, either explicitly or implicitly, that (i) the Service is free from defects such as errors, bugs, or security issues, (ii) the Service is safe, reliable, accurate, complete, effective, or suitable for specific purposes, or (iii) the Service does not infringe upon the rights of third parties.
2. Even if there are any defects such as errors, bugs, or security issues in the Service, the Company shall not be obligated to eliminate these defects and provide the Service to customers.

Article 9 (Company's Liability)

1. The Company shall not be liable for any damages incurred by customers as a result of using the Service, except in cases of willful misconduct or gross negligence on the part of the Company.
2. Even in cases where the Company is liable pursuant to the preceding paragraph, the Company shall not be liable for damages such as loss of profits or loss of business opportunities that have arisen due to special circumstances. In such cases, the Company's liability for damages to customers shall be limited to the total amount of accommodation fees paid by customers when using the Service.
3. Notwithstanding the provisions of paragraphs 1 and 2, the Company shall not be liable for any disputes or the like between customers and third parties arising from the use of the Service.

Article 10 (Data Management)

1. The Company may disclose customer information obtained through the Service to third parties if any of the following apply:
2. When the customer gives consent
3. When disclosure is required based on laws and regulations, or when a disclosure request is made by investigative agencies, courts, administrative agencies, etc.
4. When it is necessary to protect the life, body, property, or other rights of the customer or a third party
5. When the Company deems it necessary based on the preceding items
6. The Company shall not be obligated to store, preserve, or back up data related to the customer's use of the Service during or after the period of use of the Service, except for cases separately stipulated.

Article 11 (Governing Law and Jurisdiction)

These Terms shall be governed by Japanese law. Any disputes arising out of or in connection with the Service between customers and the Company shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Published on March 14, 2023