Terms of Service

Last Updated: May 17, 2026

1. Introduction

These Terms of Service (the "Terms") govern your use of all services, websites, applications, and products (the "Services") provided by Avisail Technology ("we," "us," "our," or "Company").

By using the Services, you agree to be bound by all provisions of these Terms. If you do not agree to these Terms, you may not use the Services.

These Terms are drafted in compliance with the Civil Code, Consumer Contract Act, Personal Information Protection Act, Financial Instruments and Exchange Act, Payment Services Act, and other applicable laws and regulations.

2. Definitions

The following terms have the meanings set forth below:

• "User" or "You": Any individual or entity using the Services.
• "Service Agreement": These Terms and all agreements between you and us regarding your use of the Services.
• "Intellectual Property Rights": Copyrights, patents, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to obtain or apply for registration of such rights).
• "Personal Information": Personal information as defined in Article 2, Paragraph 1 of the Personal Information Protection Act.

3. Services Description

We provide the following services. For details and special terms for each service, please refer to the applicable sections of these Terms.

3.1 Enterprise Cybersecurity Services

• ADCS (Active Defense Cyber Security): Security assessment, vulnerability detection, threat intelligence, and automated remediation for enterprises (Special Terms: Article 15)
• Stratum: Threat intelligence platform, enterprise risk analysis, watchlist management (Special Terms: Article 16)
• Nexus: Resource management platform, supply chain risk analysis (Special Terms: Article 17)

3.2 Technology Development & Consulting

• AI system development, technology consulting, custom solution development

4. Account Registration

4.1 Eligibility

To use the Services, you must meet the following conditions:

• Be at least 18 years of age or a legal entity with legal capacity
• Be located in Japan and subject to Japanese law
• Not have been previously suspended from using the Services
• Not be affiliated with organized crime groups and have no relationship with such groups

4.2 Accuracy of Information

You must provide true, accurate, current, and complete information during account registration and maintain such information. If you provide false information, we may immediately terminate the Service Agreement and reserve the right to claim damages.

4.3 Account Security

You are responsible for maintaining the confidentiality of your password, authentication credentials, and API keys. If such information is leaked to a third party or if there is a possibility of unauthorized use, you must immediately notify us and take appropriate measures such as changing your password.

All actions performed using your account will be deemed your own actions, and you will be responsible for them. You bear the burden of proving that unauthorized use was by a third party.

4.4 Corporate Accounts

If you register an account as a corporation, the registrant warrants that they have the authority to agree to these Terms on behalf of that corporation. If multiple employees of a corporation use the Services, the corporation shall be collectively responsible.

5. Prohibited Conduct

You may not engage in the following conduct when using the Services. If you violate any prohibited conduct, we may suspend or delete your account without prior notice and take legal action.

5.1 Illegal Activities

• Violating laws, ordinances, or regulations of Japan or your jurisdiction
• Criminal activities (fraud, money laundering, insider trading, unauthorized access, etc.) or related activities
• Activities contrary to public order and morals, or providing benefits to organized crime groups
• Providing information harmful to minors

5.2 Rights Infringement

• Infringing intellectual property rights, portrait rights, privacy rights, reputation rights, credit, or other rights of us or third parties
• Unauthorized use of our trademarks, logos, or service names
• Reverse engineering, decompiling, disassembling, or otherwise analyzing the source code of the Services

5.3 System Attacks and Interference

• Imposing excessive load on our servers, networks, or systems (DoS attacks, DDoS attacks, etc.)
• Interfering with or likely to interfere with the operation of the Services
• Unauthorized access, hacking, cracking, or attempting such activities
• Transmitting or distributing computer viruses, malware, or other harmful programs
• Mass access using automated tools, bots, or scraping tools (unless explicitly permitted by us)

5.4 Misuse and Abuse

• Unauthorized use of other users' accounts or impersonation
• Registering, providing, or disseminating false information
• Exploiting vulnerabilities of the Services
• Reselling or redistributing the Services for commercial purposes without our permission
• Creating multiple accounts fraudulently to obtain benefits from campaigns or promotions

5.5 Harassment

• Commercial spam, advertising, or solicitation (including multi-level marketing, network business, etc.)
• Harassment, defamation, or threatening other users
• Posting content containing discriminatory, violent, or obscene expressions
• Inappropriate use of community features of the Services

5.6 Other Prohibitions

• Prohibited conduct specified in each Special Terms section of these Terms
• Any other conduct that we reasonably determine to be inappropriate

6. Intellectual Property Rights

6.1 Our Intellectual Property Rights

All intellectual property rights (including copyrights, trademarks, patents, design rights, trade secrets, know-how, and database rights) in the Services belong to us or our licensors.

You may not, without our prior written explicit permission, engage in the following:

• Reproducing, reprinting, distributing, publicly transmitting, adapting, or modifying content from the Services (text, images, videos, audio, software, data, UI, design, etc.)
• Commercial use or resale of content from the Services
• Using our trademarks, logos, or service names
• Developing or providing derivative services using the Services' API (except as permitted under API terms of use)

6.2 Your Content

Intellectual property rights in content that you upload, post, or transmit to the Services ("Your Content") remain with you.

However, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, worldwide license to use Your Content for the following purposes:

• Providing, operating, and improving the Services
• Promoting and marketing the Services (in a form that does not identify individuals)
• Fulfilling disclosure obligations under applicable laws

6.3 Copyright Infringement Notice

Rights holders who believe that Your Content infringes their copyrights may notify us. We will take appropriate measures in accordance with copyright law.

7. Fees and Payment

7.1 Pricing

Fees for the Services are as stated on each service's pricing page. We reserve the right to change fees with 30 days' notice.

7.2 Payment Methods

You shall pay fees by credit card, bank transfer, or other methods specified by us. Payment information is securely processed by our payment processors.

7.3 Auto-Renewal

Subscription-based services will automatically renew until you cancel. Upon renewal, your registered payment method will be automatically charged.

7.4 Refund Policy

In principle, we do not refund fees once paid. However, for periods when the Services could not be provided due to reasons attributable to us, we will refund fees prorated for that period.

7.5 Payment Delay

If you delay payment of fees, we may suspend provision of the Services. We also reserve the right to claim late payment damages at an annual rate of 14.6%.

8. Handling of Personal Information

Our collection and use of your personal information is governed by our Privacy Policy. The Privacy Policy constitutes part of these Terms.

We comply with the Personal Information Protection Act, GDPR, and other applicable personal information protection laws, and properly manage your personal information.

9. Data Handling

9.1 Data Use

We may use your usage data (access logs, usage history, behavioral data, etc.) for the following purposes:

• Providing, operating, and improving the Services
• Providing customer support
• Detecting and preventing unauthorized use
• Creating statistical data (aggregated in a form that does not identify individuals)
• Marketing and advertising distribution (if you do not object)

9.2 Data Backup

We will back up your data to a reasonable extent, but do not guarantee the preservation of all data. You are responsible for backing up important data yourself.

9.3 Data Deletion

If you delete your account, we will delete your data within a reasonable period. However, data that is required to be retained by law and data that needs to be retained for our legitimate interests (dispute resolution, fraud prevention, etc.) will be retained for the statutory period or necessary period.

10. Service Changes, Suspension, and Termination

10.1 Service Changes

We may change, add, or reduce the content, features, and specifications of the Services without prior notice to you. However, if making changes that would significantly disadvantage you, we will endeavor to provide 30 days' notice.

10.2 Service Suspension

We may temporarily suspend all or part of the Services in the following cases:

• Performing regular or emergency maintenance
• System failures or server failures occur
• Provision is difficult due to natural disasters, war, terrorism, strikes, riots, or other force majeure events
• Provision is restricted by laws, regulations, or court orders
• Provision is difficult due to attacks by third parties (DDoS attacks, etc.)
• Provision is difficult due to service suspension by power companies or telecommunications carriers

We shall not be liable for damages caused by service suspension unless we have willful misconduct or gross negligence.

10.3 Service Termination

We may terminate all or part of the Services with 90 days' notice. However, in the following cases, we may shorten the notice period or terminate without notice:

• Continued provision becomes difficult or illegal due to changes in laws or regulations
• Continuation is difficult due to significant business reasons (deterioration of profitability, changes in business strategy, etc.)
• Continued provision is difficult due to termination of third-party services

In case of service termination, we will refund fees for unused periods on a pro-rata basis. However, we shall not be liable for other damages (data loss, opportunity loss, etc.).

11. Disclaimers

This article clarifies the scope of our liability regarding use of the Services. You use the Services understanding and agreeing to the following disclaimers.

11.1 Service Provision

We provide the Services "AS IS" and "AS AVAILABLE." We make no warranties regarding the Services, including but not limited to:

• That the Services will be uninterrupted or error-free
• Completeness, accuracy, reliability, timeliness, or usefulness of the Services
• That the Services will meet your specific purposes
• Accuracy and reliability of information, content, and data provided by the Services
• That the Services are free from security flaws or vulnerabilities
• That the Services are free from computer viruses, malware, etc.

11.2 Limitation of Liability

We shall not be liable for the following damages arising in connection with the Services, except in cases of our willful misconduct or gross negligence:

• Direct damages, indirect damages, special damages, consequential damages, incidental damages
• Lost profits, opportunity loss, business interruption damages
• Data loss, corruption, or leakage damages
• Damages based on third-party claims
• Damage to your credit or reputation
• Costs of procuring alternative services

Even if damages occur due to reasons attributable to us, our liability shall be limited to direct and ordinary damages, not exceeding the total amount of fees paid by you to us during the 12 months preceding the occurrence of the damage.

If all or part of this disclaimer is invalidated by the Consumer Contract Act or other consumer protection laws, we shall be liable only for direct and ordinary damages actually incurred by you due to our breach of contract or tort caused by our negligence (excluding gross negligence).

11.3 Third-Party Services and External Links

The Services may contain links to services, content, or websites provided by third parties. We assume no responsibility for the content, quality, safety, or legality of such third-party services. Use of third-party services is at your own risk.

11.4 User Disputes

We assume no responsibility for troubles or disputes arising between you and other users. Such matters shall be resolved between users, and if we incur damages, users shall be jointly liable for compensation.

11.5 Force Majeure

We shall not be liable if we cannot provide the Services due to natural disasters, war, civil unrest, terrorism, riots, enactment or amendment of laws, government orders, labor disputes, epidemics, pandemics, third-party attacks, telecommunications carrier failures, power company outages, or other events beyond our reasonable control.

12. Exclusion of Organized Crime Groups

12.1 Representation and Warranty

You represent and warrant that you do not and will not fall under any of the following categories now or in the future:

• Organized crime groups, members of organized crime groups, associate members of organized crime groups, companies related to organized crime groups, corporate racketeers, groups claiming to be social movements, special intelligence organized crime groups, or similar groups (collectively "Organized Crime Groups")
• Having Organized Crime Groups substantially involved in management
• Using Organized Crime Groups
• Providing funds or convenience to Organized Crime Groups
• Officers or persons substantially involved in management having socially condemnable relationships with Organized Crime Groups

12.2 Termination of Agreement

If you violate or are reasonably determined by us to be likely to violate the representations and warranties in the preceding paragraph, we may immediately terminate the Service Agreement without notice and refuse to perform any obligations to you. In such case, we shall not be liable for any damages incurred by you.

13. Service Suspension and Termination

13.1 Our Suspension of Service

We may suspend your account and suspend your use of the Services without prior notice or demand if you fall under any of the following:

• Violating any provision of these Terms
• False statements, errors, or omissions in registration information
• Delaying payment of fees
• Bills or checks are dishonored
• Subject to attachment, provisional attachment, provisional disposition, compulsory execution, bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation proceedings
• Subject to tax delinquency disposition
• Death or subject to commencement of guardianship, curatorship, or assistance
• No use of the Services for 6 months or more
• No response to our communications for 30 days or more
• We reasonably determine that use of the Services is inappropriate

13.2 Our Termination of Agreement

In addition to the reasons in the preceding paragraph, if your violation is not corrected or if there is a serious violation, we may terminate the Service Agreement.

13.3 Your Cancellation

You may cancel the Services at any time from your account settings screen or by contacting customer support. Cancellation becomes effective upon completion of cancellation procedures.

13.4 Post-Termination Measures

Upon termination of the Service Agreement, you shall immediately cease use of the Services and delete or destroy all materials and data related to the Services. We are not obligated to retain your data after termination and will delete it after a reasonable period.

14. Changes to Terms

14.1 Right to Change

We may change these Terms in the following cases:

• Changes are necessary due to enactment or amendment of laws
• Changes are necessary due to addition or improvement of Service features
• Changes conform to the general interests of users
• Changes do not disadvantage users and do not contradict the purpose of the Service Agreement

14.2 Notice of Changes

When changing these Terms, we will post the changes on this website or notify you by email. For material changes, we will provide 30 days' notice.

14.3 Effectiveness of Changes

Changed Terms become effective at the later of when posted on this website or the date/time stated in the notice. If you continue to use the Services after the changes, you are deemed to have agreed to the changed Terms.

If you do not agree to the changes, please stop using the Services and delete your account before the changes take effect.

15. ADCS (Active Defense Cyber Security) Service Special Terms

This article applies to users of ADCS Services. ADCS Services provide security assessment, vulnerability detection, threat intelligence, and automated remediation for enterprise websites, systems, and networks.

15.1 Nature and Limitations of Services

1. The Services are information services that assess the security status of your systems and provide improvement recommendations. They do not guarantee complete security.
2. Assessments are performed only on domains, IP addresses, and systems explicitly designated by you. You warrant that the assessment targets are under your ownership or control.
3. Automated remediation features will not be executed without your explicit approval. You shall review the content of remediation scripts before execution and approve execution at your own responsibility.
4. The Services detect known vulnerabilities and common attack methods, and cannot detect all zero-day vulnerabilities, advanced persistent threats (APT), insider threats, etc.

15.2 Legality of Assessment Targets

1. You warrant that you have legitimate authority to perform assessments on the target systems and networks.
2. If you erroneously designate a third party's system as an assessment target or perform an assessment on a system without authority, you shall bear all responsibility and indemnify us.
3. We have no obligation to investigate the legality of assessment targets. However, if an assessment is clearly determined to be unauthorized, we may suspend the assessment.

15.3 Handling of Assessment Results

1. Assessment results contain vulnerability information about your systems. You shall strictly manage assessment results and take necessary measures to prevent leakage to third parties.
2. We will not disclose vulnerability information contained in assessment results to third parties without your prior written consent. However, this shall not apply if there is an obligation to disclose under law or if we determine that warnings to other customers about similar threats are necessary (in a form that does not identify you).
3. If critical vulnerabilities are discovered, you shall promptly take appropriate response measures. We shall not be liable for damages resulting from failure to take response measures.

15.4 Disclaimer for Automated Remediation

1. Automated remediation features provide scripts to automatically remediate detected vulnerabilities. You shall fully review the content of scripts, test their operation in a test environment, and then execute them in a production environment.
2. We shall not be liable for the following damages resulting from execution of automated remediation scripts unless we have willful misconduct or gross negligence:
   • System stoppage, downtime
   • Data loss, corruption
   • Business interruption, opportunity loss
   • Other consequential damages
3. You are responsible for taking a complete backup of your system before executing automated remediation features.

15.5 Accuracy of Assessments and Disclaimer

1. We do not warrant the accuracy or completeness of assessment results, and you acknowledge the following possibilities:
   • False Positive: Determining vulnerability exists when there is none
   • False Negative: Not detecting vulnerability that exists
   • Discovery of new vulnerabilities after assessment
2. We shall not be liable for temporary service delays or increased load during assessment. You may request that assessments be performed outside of critical business hours.

15.6 Your Obligations

You have the following obligations:

• Warrant that you have legitimate authority over assessment target systems
• Properly manage assessment results and not leak them to third parties
• Promptly take response measures if critical vulnerabilities are discovered
• Take backups before executing automated remediation scripts
• Comply with the Unauthorized Computer Access Prohibition Act and other laws

15.7 Limitation of Liability

Even if damages occur due to reasons attributable to us, our liability shall not exceed the total fees paid by you for ADCS Services during the 12 months preceding the occurrence of the damage.

16. Stratum Service Special Terms

This article applies to users of Stratum Services (threat intelligence platform).

16.1 Nature of Services

1. The Services are information services that analyze and evaluate cybersecurity risks of third-party companies based on public information and legally obtained information sources.
2. Evaluations are based on information at the time of analysis and do not guarantee future risk status of companies.
3. The Services provide reference information to support your decision-making such as investment decisions and supplier selection, and do not constitute our recommendation or non-recommendation of transactions with specific companies.

16.2 Accuracy of Information and Disclaimer

1. We will make commercially reasonable efforts regarding the accuracy, completeness, and timeliness of information provided by the Services, but do not warrant such.
2. We shall not be liable for damages arising from:
   • Damages from your decisions based on Service evaluation results
   • Damages from divergence between actual risk status of evaluated companies and evaluation results
   • Damages from changes in circumstances of evaluated companies after analysis
   • Evaluation errors due to errors in information sources provided by third parties
   • Intentional concealment or falsification of information by evaluated companies

16.3 User Usage Restrictions

1. You may not use information obtained from the Services for the following purposes:
   • Purposes of damaging the reputation or credit of evaluated companies
   • Purposes of exerting undue pressure on evaluated companies
   • Purposes of illegally obtaining trade secrets of evaluated companies
   • Resale or redistribution to third parties (excluding internal sharing)
   • Illegal discrimination against evaluated companies
2. If you publicly disclose Service evaluation results, you must obtain our prior written consent.

16.4 Claims from Third-Party Companies

If we receive claims or demands from third-party companies that are evaluation targets, we will notify you and take appropriate action. Claims arising from your inappropriate use of Service information shall be resolved at your responsibility and expense.

16.5 Limitations of Watchlist Features

Watchlist features monitor changes in companies you designate, but do not guarantee real-time detection of all changes. When making important decisions, please verify the latest information.

17. Nexus Service Special Terms

This article applies to users of Nexus Services (resource management and supply chain risk analysis).

17.1 Nature of Services

1. The Services analyze supply chain risks of critical resources and materials and provide information. Actual procurement and investment decisions shall be made at your own responsibility.
2. The Services provide risk evaluations based on 5-layer analysis (supply concentration, midstream bottlenecks, geopolitical risks, ESG constraints, substitutability), which are based on our analytical methods and are not absolute standards.

17.2 Disclaimers

1. We do not warrant the accuracy of Service analysis results or accuracy of future predictions, and shall not be liable for damages arising from:
   • Analysis results becoming outdated due to changes in supply chain information
   • Unexpected risks occurring due to sudden changes in geopolitical situations
   • Losses from procurement or investment decisions based on Service information
   • Errors in market data or statistical data provided by third parties
   • Inaccurate predictions of resource prices, exchange rates, political situations, etc.
2. Predictions of resource prices, exchange rates, political situations, etc. are based on our views and are not guaranteed.

17.3 Nature of Weekly Updates

Service data is updated weekly in principle, but may not be able to respond immediately to rapid market changes or political situation changes. When making important decisions, we recommend referring to multiple information sources.

17.4 Handling of Strategic Materials Information

The Services may contain information about strategic materials regulated by the Foreign Exchange and Foreign Trade Act. You shall comply with relevant laws and use the Services only within the legal scope.

18. Security

18.1 Our Security Measures

We implement the following measures to secure the Services:

• SSL/TLS encrypted communication
• Implementation of firewalls, IDS/IPS
• Regular vulnerability assessments, penetration testing
• Access control, multi-factor authentication
• Log monitoring, anomaly detection
• Data backups
• Establishment of incident response systems

18.2 Your Security Responsibilities

You are responsible for implementing the following security measures:

• Setting strong passwords (8+ characters, combination of alphanumeric symbols)
• Regular password changes
• Prohibition of password reuse
• Enabling multi-factor authentication (when available)
• Prohibition of saving login information on shared terminals
• Caution against phishing scams
• Installing antivirus software on terminals

18.3 Security Incident Notification

If a security incident (unauthorized access, information leakage, etc.) occurs in the Services, we will promptly notify you and take necessary response measures. If you discover an incident on your side, please notify us immediately.

19. Governing Law and Jurisdiction

19.1 Governing Law

These Terms and the Service Agreement shall be governed by and construed in accordance with the laws of Japan.

19.2 Jurisdiction

Disputes related to the Services shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

19.3 Dispute Resolution

If disputes arise regarding these Terms, you and we shall negotiate in good faith and seek amicable resolution. If resolution cannot be achieved through negotiation, litigation shall be filed in the court specified in the preceding paragraph.

20. Severability

If any provision of these Terms is determined to be invalid or unenforceable by law, the validity and enforceability of other provisions shall not be affected. Provisions determined to be invalid or unenforceable shall be deemed modified to the extent valid and enforceable, in a manner closest to the intent of the original provision.

21. Entire Agreement

These Terms constitute the entire agreement between you and us regarding use of the Services, and supersede all prior oral or written agreements, representations, and warranties. However, if there are individual service contracts, Privacy Policy, or other terms separately established by us, they also constitute part of the Service Agreement.

22. Prohibition of Assignment of Rights and Obligations

You may not assign, succeed, set security interests in, or otherwise dispose of all or part of your position, rights, or obligations under the Service Agreement to third parties without our prior written consent.

We may assign our position, rights, and obligations under the Service Agreement to a third party in case of business transfer, company split, merger, or other reasons for succeeding to the Services business. In such case, you consent in advance without objection.

23. Surviving Provisions

The following provisions of these Terms shall remain effective after termination of the Service Agreement:

• Article 5 (Prohibited Conduct)
• Article 6 (Intellectual Property Rights)
• Article 11 (Disclaimers)
• Article 12 (Exclusion of Organized Crime Groups)
• Articles 15-18 (Service Special Terms)
• Article 19 (Governing Law and Jurisdiction)
• Other provisions that should survive by nature

24. Contact

For questions, inquiries, complaints, or comments regarding these Terms, please contact us at:

Email: info@avisail.com
Customer Support: support@avisail.com

These Terms apply to all services provided by Avisail Technology.
Special Terms for each service apply to users of the applicable services.

Last Updated: May 17, 2026