Terms of Service

01 Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Marsh Harbor Deck Co., Ltd. ("Marsh Harbor Deck," "we," "us," or "our"), a company incorporated under the laws of Japan with its principal place of business at 6-10-11 Jingumae, Shibuya-ku, Tokyo 150-0001, Japan.

By accessing, downloading, installing, or using the Marsh Harbor Deck platform, website, mobile applications, or any associated services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

These Terms govern your use of our AI companion platform and supersede all prior agreements, representations, and understandings between you and Marsh Harbor Deck with respect to the Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

02 Description of Service

Marsh Harbor Deck provides an advanced AI companion platform that enables users to engage in meaningful, personalized conversations with artificial intelligence characters. Our Service encompasses, but is not limited to:

• AI Companion Conversations: Real-time text-based interactions with AI characters powered by our proprietary neural language models
• Voice Message Features: AI-synthesized voice responses that simulate human conversation patterns and emotional nuance
• Image Generation: Photorealistic image synthesis of AI companion characters in user-specified scenes and settings
• Memory System: Persistent contextual memory allowing AI companions to recall prior conversations, preferences, and personal details
• Character Customization: Tools enabling users to create, customize, and personalize AI companion characters
• Account Management: User dashboard, subscription management, and platform configuration tools
• API Access: Developer tools and application programming interfaces available under separate enterprise agreements

Marsh Harbor Deck reserves the right to modify, update, expand, or discontinue any aspect of the Service at any time, with or without notice, subject to applicable law. We will make commercially reasonable efforts to notify users of material changes to core features with at least 30 days' advance notice.

The Service is provided "as a platform" and Marsh Harbor Deck does not represent that AI companions are human, possess consciousness, or have genuine emotions. All AI characters are software constructs designed to provide engaging, supportive conversational experiences.

03 Eligibility

In addition to the age requirement, to be eligible to use Marsh Harbor Deck, you must:

• Have the legal capacity and authority to enter into binding contracts under applicable law
• Not be a person barred from receiving services under the laws of Japan, the United States, or any other applicable jurisdiction
• Not have had a previous Marsh Harbor Deck account terminated for violations of these Terms
• Provide accurate, current, and complete information during the registration process
• Comply with all applicable local, national, and international laws and regulations
• Not be subject to any government sanctions or export control lists that would prohibit your use of the Service

Marsh Harbor Deck reserves the right to verify your eligibility at any time and to suspend or terminate your account if it determines that you do not meet these requirements. We may require age verification documentation at our discretion.

If you are accessing the Service on behalf of a legal entity such as a corporation or partnership, you additionally represent that you have the authority to bind that entity to these Terms and that the entity itself meets all applicable eligibility requirements.

04 User Accounts and Security

To access the full features of Marsh Harbor Deck, you are required to create a user account. By creating an account, you agree to provide truthful, accurate, current, and complete information as prompted during the registration process, and to maintain and update such information to keep it accurate.

Account Credentials: You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password, API keys, and any two-factor authentication codes. You must:

• Choose a strong, unique password that you do not use for any other service
• Enable two-factor authentication where available and recommended
• Notify Marsh Harbor Deck immediately at hello@marshharbordeck.com if you suspect unauthorized access to your account
• Never share your account credentials with any third party
• Log out of your account after each session on shared devices

Account Responsibility: You are fully responsible for all activities that occur under your account, whether or not authorized by you. Marsh Harbor Deck shall not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to comply with these security obligations.

One Account Policy: Each user may maintain only one active Marsh Harbor Deck account. Creating multiple accounts to circumvent restrictions, access free trial benefits multiple times, or evade bans is strictly prohibited and may result in permanent suspension of all associated accounts.

Account Transfer: Your account is personal to you and may not be sold, transferred, licensed, or otherwise assigned to any third party without the prior written consent of Marsh Harbor Deck.

05 Acceptable Use Policy

Marsh Harbor Deck is designed to provide a safe, respectful, and enriching AI companion experience. You agree to use the Service only for lawful purposes and in accordance with these Terms. The following activities are expressly prohibited:

Prohibited Content:

• Generating, uploading, or transmitting content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable
• Creating or distributing content that depicts, promotes, or glorifies violence, self-harm, or harm to others
• Generating content that exploits, endangers, or sexualizes minors in any way whatsoever
• Producing content intended to harass, stalk, intimidate, or threaten any individual or group
• Creating content that constitutes hate speech or discriminates based on race, ethnicity, gender, sexual orientation, religion, disability, or national origin

Prohibited Technical Activities:

• Attempting to circumvent, disable, or interfere with any security features of the Service
• Reverse engineering, decompiling, or disassembling any component of the Marsh Harbor Deck platform
• Using automated scripts, bots, crawlers, or data mining tools to access or interact with the Service
• Attempting to gain unauthorized access to other users' accounts or data
• Introducing viruses, worms, Trojan horses, or other malicious code into the Service
• Using the Service in any manner that could damage, disable, overburden, or impair our servers or networks

Prohibited Commercial Activities:

• Reselling, sublicensing, or commercializing access to the Service without written authorization
• Using the Service to develop or train competing AI products or services
• Collecting or harvesting any personally identifiable information from the Service

Marsh Harbor Deck reserves the right to investigate and take appropriate legal action against any violation of this Acceptable Use Policy, including termination of your account and referral to law enforcement authorities where applicable.

06 Intellectual Property Rights

Marsh Harbor Deck's Intellectual Property: The Service, including all software, algorithms, AI models, user interfaces, design elements, graphics, text, and other content created by Marsh Harbor Deck, is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of Japan and applicable international law. Marsh Harbor Deck and its licensors retain all right, title, and interest in and to the Service.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal, non-commercial purposes in accordance with these Terms. This license does not include:

• The right to copy, modify, create derivative works of, or distribute any part of the Service
• The right to reverse engineer or extract source code from the Service
• Any sublicensing rights to any third party
• Any rights to use Marsh Harbor Deck's trademarks, service marks, or trade names without express written permission

Your Content: You retain ownership of any original content you submit to the Service ("User Content"), including custom character descriptions, conversation prompts, and personal information you choose to share. By submitting User Content, you grant Marsh Harbor Deck a worldwide, royalty-free, non-exclusive license to use, process, store, and display your User Content solely to the extent necessary to provide and improve the Service.

Feedback: If you provide suggestions, ideas, or feedback about the Service, you grant Marsh Harbor Deck the right to use such feedback without restriction, compensation, or attribution.

07 AI-Generated Content

Marsh Harbor Deck's platform generates content using sophisticated artificial intelligence models. You acknowledge and agree to the following with respect to AI-generated content:

Nature of AI Outputs: Content generated by our AI companions, including text responses, voice messages, and images, is produced algorithmically and does not represent the views, opinions, or advice of Marsh Harbor Deck or its employees. AI-generated content may sometimes be inaccurate, incomplete, outdated, or inappropriate.

Not Professional Advice: Nothing in the AI companion's responses constitutes medical, legal, financial, psychological, or any other form of professional advice. You should not rely on AI-generated content for decisions affecting your health, safety, legal affairs, or financial well-being. Always consult qualified professionals for such matters.

Ownership of AI-Generated Content: Images, voice recordings, and text generated by the Service in response to your inputs are provided to you under a limited license for personal use only. You may not reproduce, distribute, or commercially exploit AI-generated content without Marsh Harbor Deck's written permission.

Content Filtering: Marsh Harbor Deck employs automated content moderation systems to prevent the generation of harmful, illegal, or policy-violating content. You acknowledge that these systems may not be perfect and agree to report any inappropriate AI outputs to hello@marshharbordeck.com.

Model Limitations: Our AI models are continuously improved, and response quality, character consistency, and capabilities may vary over time. Marsh Harbor Deck does not guarantee that the AI companion's personality, memory, or behavior will remain perfectly consistent across updates to our underlying models.

08 Payment and Subscriptions

Marsh Harbor Deck offers the Service on both a free-tier basis and through paid subscription plans. The following terms govern all financial transactions on our platform:

Subscription Plans: Paid subscription plans are offered on a monthly or annual billing cycle. Current pricing is displayed on our Pricing page and is subject to change with 30 days' advance notice to existing subscribers.

Payment Processing: All payments are processed by our third-party payment providers (Stripe, Inc. and other authorized processors). By providing payment information, you authorize Marsh Harbor Deck to charge your designated payment method for the applicable subscription fees. Marsh Harbor Deck does not store your full credit card details.

Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will receive a reminder notification at least 7 days before renewal for annual subscriptions. Monthly subscriptions renew without advance notice beyond this Agreement.

Taxes: Subscription prices may be exclusive of applicable taxes including consumption tax (消費税), VAT, or sales tax. You are responsible for any applicable taxes based on your jurisdiction. Marsh Harbor Deck will add applicable taxes to your invoice where required by law.

Failed Payments: If a payment fails, we will attempt to charge your payment method up to three times over a 7-day period. If payment remains unsuccessful, your account may be downgraded to the free tier and premium features suspended until payment is resolved.

Plan Changes: Upgrading your plan takes effect immediately and you will be charged a prorated amount for the remainder of your billing cycle. Downgrading your plan takes effect at the start of your next billing cycle.

09 Cancellation and Refunds

Cancellation: You may cancel your paid subscription at any time through your account settings dashboard or by contacting our support team at hello@marshharbordeck.com. Upon cancellation, your subscription will remain active until the end of the current billing period, after which it will not renew and your account will revert to the free tier.

Refund Policy: Marsh Harbor Deck operates a fair and transparent refund policy:

• 7-Day Money-Back Guarantee: New subscribers are eligible for a full refund if requested within 7 days of their initial subscription payment, provided they have not generated more than 50 AI images or sent more than 200 messages during that period
• Annual Plan Refunds: Subscribers to annual plans who cancel within 30 days of purchase may be eligible for a prorated refund for the unused portion of their subscription, minus any applicable fees
• No Refund for Partial Months: Refunds are not provided for partial subscription periods except as described in this policy
• Add-on Credits: One-time purchased credits or add-on tokens are non-refundable once consumed

Account Termination by Marsh Harbor Deck: If Marsh Harbor Deck terminates your account due to violations of these Terms, you will not be entitled to any refund of prepaid subscription fees. If Marsh Harbor Deck terminates your account without cause, you will be entitled to a prorated refund of prepaid fees for the unused subscription period.

10 Disclaimers and Limitation of Liability

Disclaimer of Warranties: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MARSH HARBOR DECK EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Marsh Harbor Deck does not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Service will be accurate, reliable, or complete
• Any errors in the Service will be corrected
• The Service will meet your specific requirements or expectations

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARSH HARBOR DECK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any AI-generated content obtained through the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL MARSH HARBOR DECK'S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO MARSH HARBOR DECK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages. In such jurisdictions, Marsh Harbor Deck's liability shall be limited to the greatest extent permitted by applicable law.

11 Governing Law and Dispute Resolution

These Terms and any disputes arising from or relating to them or the Service shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions.

Jurisdiction: You irrevocably agree that any legal action, suit, or proceeding arising from or related to these Terms or the Service shall be brought exclusively before the Tokyo District Court (東京地方裁判所) as the court of first instance, and you hereby submit to the personal jurisdiction of such court.

Informal Resolution: Before filing any formal legal claim, both parties agree to attempt to resolve disputes informally by contacting Marsh Harbor Deck at hello@marshharbordeck.com with a written description of the dispute. Both parties agree to make good-faith efforts to resolve the dispute within 30 days of notice.

Waiver of Class Actions: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST MARSH HARBOR DECK. Any disputes must be brought on an individual basis only.

Language: These Terms are written in English. Any translations provided are for convenience only. In the event of any inconsistency between the English version and a translation, the English version shall prevail.

Consumer Protection: Nothing in this section is intended to limit any statutory rights you may have as a consumer under applicable Japanese consumer protection laws, including the Consumer Contract Act (消費者契約法).

12 Changes to Terms

Marsh Harbor Deck reserves the right to update, modify, or replace these Terms at any time at our sole discretion. We recognize that our Terms affect your rights, and we are committed to communicating changes clearly:

Notification of Changes: When we make material changes to these Terms, we will:

• Post a notice on the Marsh Harbor Deck website and platform at least 30 days before the changes take effect
• Send an email notification to the email address associated with your account
• Display a prominent in-app notification upon your next login
• Update the "Effective Date" and "Last Updated" dates at the top of these Terms

Your Choices: If you do not agree with the modified Terms, you must stop using the Service and cancel any active subscriptions before the effective date of the changes. Your continued use of the Service after the effective date constitutes binding acceptance of the revised Terms.

Version History: We maintain an archive of prior versions of these Terms, which are available upon request by emailing hello@marshharbordeck.com.

Minor Changes: Changes that are not material (such as corrections of typographical errors, clarifications that do not alter rights, or changes required by law) may be implemented without prior notice, though the "Last Updated" date will be updated.

13 Contact Us

If you have any questions, concerns, or requests relating to these Terms of Service, please do not hesitate to contact us. We are committed to addressing your inquiries promptly and transparently.

For legal notices, please send correspondence via email to hello@marshharbordeck.com with the subject line "Legal Notice — Terms of Service" to ensure prompt routing to our legal department.

For account-related issues, subscription management, or technical support, please visit our FAQ page or contact our support team directly at the email address above.