Terms of Use

This is a draft for the test period and may change before release.

Effective date: Draft

SHIFTEX, LIMITED LIABILITY COMPANY (the “Company,” “we,” or “us”) sets out these terms for the use of Kogu, a cycling companion app (the “Service”). By using the Service, you agree to these terms.

1. Who can use the Service

• You must be at least 18 years old to use the Service’s AI features.
• Some features, including ride recording, can be used without an account. These terms also apply to that use where relevant.

2. Accounts

• To use AI features, create an account with a passkey. We do not use email addresses or passwords for sign-in.
• We show a recovery code once when you register. We cannot show it again. Keep it somewhere safe.
• If you lose both your passkey and recovery code, your account cannot be recovered.
• Using a recovery code invalidates your previous passkeys and signed-in device sessions.
• You are responsible for your passkeys, devices, and recovery code. We are not responsible for their use by someone else unless caused by our intentional misconduct or gross negligence.

3. What the Service provides

The Service provides features such as:

• Ride recording, ride history, and Apple Watch integration
• AI conversations, morning messages, and guidance about weather and what to bring
• Records of your bikes, components, and information to help prepare for theft
• Reminders, spoken guidance, route suggestions, and training suggestions

We may add, change, or discontinue features.

4. AI responses

• AI responses may be incorrect, outdated, or unsuitable for your circumstances.
• Guidance about weather, routes, traffic rules, bike maintenance, insurance, or accidents is for general information. It is not professional advice.
• Check official sources, qualified professionals, and actual road conditions before making important decisions.
• For health concerns, medical matters, or emergencies, contact a doctor, emergency services, or the police instead of relying on AI responses.

5. Safety while riding

• Follow applicable laws, road signs, police instructions, and actual road conditions in preference to the Service’s displays or guidance.
• Do not stare at or operate the screen while riding.
• Route guidance does not guarantee that a route is accessible or safe.

6. Paid plans

• Paid plans are automatically renewing subscriptions purchased through Apple’s in-app purchase system.
• The purchase screen shows the price, subscription period, and included features.
• Manage renewals and cancellations in your Apple account settings. Subscriptions renew automatically unless canceled at least 24 hours before the renewal date.
• Refunds are subject to Apple’s policies.
• Each plan has an AI usage limit. Usage is calculated based on factors such as conversation length. Limits may change; we will notify you in advance of changes.
• We will notify you of price changes in accordance with Apple’s procedures.

7. Prohibited conduct

You must not:

• Break the law or act contrary to public order or accepted standards of conduct
• Infringe anyone’s rights or impersonate another person
• Access the Service without authorization, place excessive load on it, or circumvent usage limits
• Analyze, copy, or redistribute the Service, or use automated means for high-volume access
• Circumvent AI safety restrictions
• Attempt to generate illegal, dangerous, discriminatory, or sexually inappropriate content

8. Your content

• You retain the rights to the content and photos you provide.
• We handle that content only as needed to provide, maintain, and protect the Service, as described in our Privacy Policy.
• You warrant that you have the rights needed to provide your content.

9. Your records

• Theft information sheets and ride records help you manage your information. We do not guarantee that police, insurers, or other organizations will accept them.
• Keep your own copies of important information.

10. Suspension and discontinuation

• We may suspend the Service for maintenance, outages, or legal requirements.
• If you violate these terms, we may suspend your access or delete your account without prior notice.
• We will give at least 30 days’ notice before discontinuing the Service.

11. Closing your account

• You can close your account at any time in the app’s settings.
• Closing your account deletes your server data and cannot be undone. Ride records on your device remain.
• Closing your account does not automatically cancel an Apple subscription. Cancel it in your Apple account settings.

12. Disclaimers and limits of liability

• The Service is provided as is. We do not guarantee its fitness for a particular purpose, accuracy, or continued availability.
• We are not liable for losses you suffer unless caused by our intentional misconduct or gross negligence.
• Where laws such as Japan’s Consumer Contract Act do not permit this exclusion, our liability is limited to the amount you paid for our services in the month in which the loss occurred.
• This section does not limit rights that cannot be waived under the laws of your place of residence.

13. Changes to these terms

We will announce changes and their effective date in the app or on our website. We may ask for your agreement again for material changes.

14. Governing law and jurisdiction

These terms are governed by Japanese law. The Tokyo District Court will have exclusive agreed jurisdiction as the court of first instance for disputes, except where the laws of your place of residence take precedence.

15. Apple

• These terms are between you and the Company. Apple is not a party to them.
• We are responsible for the Service, its maintenance, and support.
• Apple’s standard End User License Agreement also applies.

16. Contact

SHIFTEX, LIMITED LIABILITY COMPANY

Address: 4-18-16 Komazawa, Setagaya-ku, Tokyo 154-0012, Japan

Contact: info@shiftex.jp