Terms of Service

Welcome to PAVO ("Personal AI Voyage Organizer"). These Terms of Service ("Terms") govern your use of the PAVO mobile application and related services (collectively, the "Service") operated by Studio Hedera, a sole proprietorship ("we," "us," or "our").

By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

IMPORTANT: You must be at least 13 years old to use this Service. If you are under 13 years old (or 16 in the European Union), you may not use the Service. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you must have your parent or legal guardian's permission to use the Service.

1. Eligibility and Age Requirements

1.1 Minimum Age

You must meet the following age requirements to use the Service:

• General: 13 years or older
• European Union: 16 years or older (GDPR requirement)
• Minors: If you are under the age of majority in your jurisdiction, you must obtain parental or legal guardian consent before using the Service

1.2 Parental Consent

Parents and legal guardians are responsible for monitoring their children's use of the Service. We recommend that parents accompany minors while using location-based services and review all AI-generated recommendations before following them.

2. AI-Generated Content Disclaimer

2.1 No Warranty of Accuracy

AI-generated content provided through the Service:

• May contain inaccuracies, errors, or completely false information
• Is not verified by human experts or local authorities
• Should NEVER be relied upon as the sole source of information for travel decisions
• May not reflect current business hours, locations, or availability of recommended establishments
• May include fictional, hallucinated, or dangerous recommendations
• May recommend locations that are unsafe, restricted, or inaccessible
• Does not account for real-time conditions (weather, safety alerts, closures, etc.)

2.2 Safety Disclaimer

The Service is NOT suitable for:

• Emergency situations or urgent medical needs
• Navigation in dangerous or remote areas without proper preparation
• Making decisions about personal safety or security
• Travel during natural disasters, conflicts, or emergency situations
• Accessing restricted, private, or dangerous locations

2.3 User Responsibility

You acknowledge and agree that:

• You are solely responsible for verifying the accuracy of ALL AI-generated information
• You must cross-reference recommendations with official sources, guidebooks, and local authorities before making decisions
• You are responsible for your own safety and well-being while traveling
• We are not responsible for any consequences arising from your reliance on AI-generated content
• You will use common sense and exercise reasonable caution when following any recommendations

3. Limitation of Liability

3.1 No Liability for AI Errors

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY:

• Damages arising from inaccurate, incomplete, misleading, or dangerous AI-generated content
• Loss of time, inconvenience, or expenses incurred due to incorrect recommendations
• Personal injury, death, property damage, or any other harm resulting from following AI-generated guidance
• Business losses, lost profits, or consequential damages of any kind
• Damages arising from reliance on location-based services or GPS inaccuracies
• Damages arising from service interruptions, downtime, or technical failures
• Loss of data, including but not limited to saved places, favorites, or credits

3.2 Maximum Liability Cap

In no event shall our total liability to you for all claims arising from or related to the Service exceed the lesser of:

• The amount you paid to us in the twelve (12) months preceding the claim, or
• $100 USD (or equivalent in your local currency)

This limitation applies regardless of the legal theory upon which the claim is based, including breach of contract, breach of warranty, tort (including negligence), strict liability, or any other basis.

3.3 Exclusion of Damages

In no event shall Studio Hedera or its representatives be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of business opportunities
• Loss of data or information
• Cost of substitute services
• Personal injury or emotional distress

These limitations apply even if we have been advised of the possibility of such damages.

3.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms shall exclude or limit our liability for:

• Death or personal injury caused by our gross negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

4. Payments and Refunds

4.1 Payment Processing

All payments for credits and subscriptions are processed through:

• Apple App Store: For iOS users (subject to Apple's Terms and Conditions)
• Google Play Store: For Android users (subject to Google's Terms of Service)

We do not directly process or store your payment information. All payment processing is handled by Apple or Google according to their respective policies.

5. Credit-Based Pricing

5.1 Credit System

The Service operates on a credit-based model:

• Each AI-generated story or recommendation consumes one (1) credit
• Web search-enhanced generation ("Web Mode") may consume additional credits
• Credits are non-refundable and non-transferable
• Unused credits do not expire unless otherwise stated in your purchase

5.2 Pricing

Pricing for credits and subscriptions is displayed within the Service at the time of purchase. We reserve the right to modify pricing at any time with reasonable notice. Price changes will not affect credits or subscriptions already purchased.

5.3 Refund Policy

All credit purchases and subscriptions are subject to the refund policies of Apple App Store or Google Play Store, depending on your platform:

• Apple App Store: Refund requests must be made directly to Apple through your Apple ID account. We cannot process refunds for purchases made through the App Store.
• Google Play Store: Refund requests must be made directly to Google through your Google Play account. We cannot process refunds for purchases made through Google Play.

Subject to the above platform policies and applicable consumer protection laws, credits are generally non-refundable. We do not provide refunds for:

• Unused credits
• Credits used for AI-generated content you deem unsatisfactory
• Service interruptions or technical issues (we may provide credit compensation at our sole discretion)
• Change of mind or buyer's remorse

Consumer Rights: Nothing in this refund policy affects your statutory rights under applicable consumer protection laws, including but not limited to EU Consumer Rights Directive, UK Consumer Rights Act, or similar legislation in your jurisdiction.

6. Location Services and Privacy

6.1 Location Permissions

The Service requires access to your device's location services to function properly. By using the Service, you consent to:

• Continuous collection of your precise GPS location while the app is active
• Processing of location data to generate relevant local content
• Temporary storage of location data for service functionality

6.2 Location Accuracy

We do not guarantee the accuracy of location-based services. GPS and network-based location can be affected by various factors including device settings, environmental conditions, and technical limitations.

6.3 Data Protection and GDPR Compliance

Data Controller: Studio Hedera (Sole Proprietorship), represented by Ivy Comilang Venenoso, is the data controller for the purposes of the EU General Data Protection Regulation (GDPR) and other applicable data protection laws.

Legal Basis for Processing: We process your personal data based on:

• Consent: When you grant permission to access location services
• Contract Performance: To provide the AI-generated travel guide services you have purchased
• Legitimate Interests: To improve our services and provide personalized recommendations

Data Transfers: Your data may be transferred to and processed in countries outside the European Economic Area (EEA) and Japan, including the United States, where our third-party service providers (Google, Amazon, Mapbox) operate. These transfers are protected by:

• EU-US Data Privacy Framework certification (where applicable)
• Standard Contractual Clauses approved by the European Commission
• Other appropriate safeguards as required by GDPR

Your Rights: Under GDPR and other data protection laws, you have the right to:

• Access your personal data
• Rectify inaccurate data
• Request deletion of your data ("right to be forgotten")
• Object to processing of your data
• Data portability
• Withdraw consent at any time
• Lodge a complaint with a supervisory authority

For more details, please refer to our Privacy Policy.

7. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose or in violation of any local, state, national, or international law
• Attempt to reverse engineer, decompile, or extract the AI models or algorithms used in the Service
• Use automated systems (bots, scrapers) to access the Service
• Share your account credentials with others
• Exploit the Service to generate content for commercial redistribution without our written permission
• Abuse the credit system through fraudulent purchases or chargebacks
• Violate the rights of others, including privacy rights or intellectual property rights
• Use the Service if you are under the minimum age requirement

8. Service Availability

8.1 No Guarantee of Uptime

We do not guarantee that the Service will be available at all times. The Service may be interrupted, suspended, or terminated at any time without notice due to:

• Scheduled or emergency maintenance
• Technical issues with third-party services (Google, AWS, Mapbox)
• Force majeure events
• Business decisions

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

9. Third-Party Services and Data Processing

9.1 Third-Party Service Providers

The Service integrates with third-party services, including but not limited to:

• Google Gemini API (United States): AI content generation
• Amazon Polly (United States): Text-to-speech synthesis
• Mapbox (United States): Maps and geocoding
• Firebase/Google Cloud (United States/Multi-region): Backend infrastructure, database, and authentication

9.2 Data Processors

These third-party service providers act as data processors on our behalf. We have entered into data processing agreements with these providers to ensure they comply with applicable data protection laws, including GDPR.

Your use of these third-party services through our app is subject to their respective terms of service and privacy policies. We are not responsible for the actions, content, or policies of these third parties beyond our contractual obligations as a data controller.

9.3 California Consumer Privacy Act (CCPA) Compliance

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA):

• Right to know what personal information is collected, used, shared, or sold
• Right to delete personal information
• Right to opt-out of the sale of personal information (Note: We do not sell personal information)
• Right to non-discrimination for exercising your CCPA rights

To exercise these rights, please contact us at pavo@studio-hedera.com with "CCPA Request" in the subject line.

10. Intellectual Property

10.1 Our Rights

The Service, including its design, features, text, graphics, logos, and software, is owned by Studio Hedera and protected by copyright, trademark, and other intellectual property laws.

10.2 AI-Generated Content Ownership

Content generated by AI for your personal use through the Service is provided for your personal, non-commercial use only. We do not claim ownership of AI-generated content, but you acknowledge that:

• Such content may be similar or identical to content generated for other users due to the nature of AI systems
• AI-generated content may inadvertently incorporate third-party copyrighted material
• You are responsible for ensuring any commercial use of AI-generated content complies with applicable intellectual property laws

11. Indemnification

You agree to indemnify, defend, and hold harmless Studio Hedera, its representatives, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any actions taken based on AI-generated content
• Your violation of any applicable laws or regulations
• Any content you submit or transmit through the Service

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions, except where mandatory consumer protection laws of your jurisdiction apply.

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through good faith negotiations first. If negotiations fail, disputes may be resolved through:

• Binding arbitration in accordance with the rules of the Japan Commercial Arbitration Association (for Japanese residents)
• Courts of competent jurisdiction in your place of residence (for EU residents, as required by consumer protection laws)
• Arbitration or mediation as required by applicable law in your jurisdiction

12.3 EU Consumer Rights

If you are a consumer in the European Union, you benefit from mandatory consumer protection provisions under EU law, and nothing in these Terms affects your statutory rights, including:

• Right to bring legal action in your country of residence
• 14-day cooling-off period for digital content purchases (where applicable)
• Right to fair contract terms

12.4 Special Provisions for Japan

For users in Japan, the following special provisions apply in accordance with Japanese consumer protection laws:

• Specified Commercial Transaction Act (特定商取引法) requirements are met through our contact information and refund policy
• Act on the Protection of Personal Information (個人情報保護法) compliance is detailed in our Privacy Policy

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website at https://pavo.studio-hedera.com/terms-of-service.html
• Displaying an in-app notification
• Sending an email to your registered email address (if you have provided one)

Material changes will take effect 30 days after notification, except where required by law to take effect immediately. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may request account deletion.

14. Termination

14.1 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent activity or abuse of the Service
• Violation of applicable laws
• Extended period of inactivity
• Business, legal, or regulatory reasons

14.2 Termination by You

You may terminate your account at any time by following the account deletion process described in our Account Deletion Guide.

14.3 Effect of Termination

Upon termination by either party:

• Your right to use the Service will immediately cease
• Any unused credits will be forfeited (subject to applicable consumer protection laws)
• Your account data will be deleted in accordance with our Privacy Policy
• Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: limitation of liability, indemnification, and dispute resolution provisions

15. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely approximates the intent and economic effect of the invalid provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Studio Hedera regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Business Name: Studio Hedera (Sole Proprietorship)
Representative: Ivy Comilang Venenoso
Business Address: 5081-1 Toyoda, Iiyama-shi, Nagano 389-2411, Japan
Email: pavo@studio-hedera.com
Website: https://pavo.studio-hedera.com

For Data Protection Inquiries:

Data Protection Officer: Ivy Comilang Venenoso
Email: pavo@studio-hedera.com (Subject: "Data Protection Inquiry")

For GDPR Requests (EU Users): pavo@studio-hedera.com (Subject: "GDPR Request")

For CCPA Requests (California Users): pavo@studio-hedera.com (Subject: "CCPA Request")

Effective Date: January 16, 2025
Last Updated: January 16, 2025
Version: 1.0