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Effective Date: June 1, 2026

Provider: Beautiful ONES Inc., 250 W El Camino Real #1112, Sunnyvale, CA 94087, USA

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, OR BY DOWNLOADING, INSTALLING, ACCESSING OR USING HEMORY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE HEMORY PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE.

These Terms of Service (“Terms”) form a legally binding agreement between you (“you”, “user”) and Beautiful ONES Inc. (“Hemory”, “we”, “us”, “our”) governing your access to and use of the Hemory mobile applications (iOS and Android), the Apple Watch companion, web consoles, and related software and services (collectively, the “Service”). Hemory lets you capture audio on your own devices, transcribe it, and structure it into a personal memory graph that you can search and revisit.

ARBITRATION & CLASS-ACTION WAIVER NOTICE. Except as described in Section 22, disputes will be resolved by binding individual arbitration, and you and Hemory each waive the right to a jury trial and to participate in any class or representative action. You may opt out within 30 days (Section 22.3).

1. Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the Service. By agreeing, you represent that: (a) you meet the minimum age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use comply with all applicable laws. The Service is not directed to children.

2. Accounts & Registration

To use most features you must register an account and provide accurate information (such as email, display name, and the jurisdiction in which you primarily use the Service). You are responsible for safeguarding your credentials and for all activity under your account, and must promptly notify us at support@hemory.com of any unauthorized use. We may offer sign-in via third-party identity providers (e.g., Apple, Google).

3. Description of the Service

The Service provides three core capabilities that you control: (i) Recording, (ii) Transcription, and (iii) AI Q&A.

  • Recording is user-initiated only. The Service captures audio through your iPhone and/or Apple Watch when you actively start a recording. Audio is stored in a Data Plane Unit (“DPU”) following a local-first design, with the local file system as the source of truth.
  • Transcription is orchestrated by our inference service in two tiers (“basic” and “accurate”), producing text and SRT outputs. Optionally, you may enable speaker labeling, which uses voiceprint processing as described in Section 8.
  • AI Q&A: on top of transcripts, our agents perform dialogue segmentation, summarization, and relationship extraction, and generate derived products such as relationship graphs. Inference is performed either by calling external third-party LLM providers over HTTP (SaaS mode) or, for self-hosted deployments, by a local inference provider (Sections 7 and 12).

4. Subscriptions, Billing & Cancellation

Paid features are sold as auto-renewing subscriptions through the Apple App Store (and, where offered, other app stores). Billing, renewal, refunds, and cancellation are governed by the applicable app store’s terms. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period via your app store account settings. Except where required by law or app store policy, fees are non-refundable. Prices may change with prospective notice.

5. License & Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Hemory applications on devices you own or control, and to access the Service, for your personal use. You may not: (a) copy, distribute, or publicly display the Service; (b) modify, reverse engineer, or attempt to derive source code except as permitted by law; (c) circumvent security or access controls; (d) resell or provide the Service for the benefit of third parties; or (e) use the Service to build a competing product.

You are solely responsible for ensuring that your recording is lawful. Recording laws vary by jurisdiction; some U.S. states and other countries require the consent of all parties to a conversation. You represent and warrant that, before recording any conversation, you will provide all notices and obtain all consents required under applicable law from every participant, and that you have the right to record, upload, and process the audio you submit.

You agree not to use the Service to record any conversation or person where doing so would violate applicable wiretapping, eavesdropping, privacy, or publicity laws. You will defend and indemnify Hemory against any claim arising from your recordings or your failure to obtain required consent (Section 20). Hemory provides recording functionality as a tool and does not and cannot verify the lawfulness of any particular recording.

7. AI Processing & Third-Party LLM Providers

With your consent, content you submit (including transcripts and related text) may be transmitted over HTTP to external third-party large language model providers, which may include Anthropic, OpenAI, and Microsoft Azure, in order to provide transcription, summarization, Q&A, and related AI features. These providers process the content under their own terms and security commitments. You may withdraw consent by disabling the relevant AI features or by using a self-hosted deployment with a local inference provider (Section 12).

AI outputs may be inaccurate, incomplete, or biased and may not reflect Hemory’s views; transcription accuracy is not guaranteed. You are responsible for exercising judgment and human oversight, and should not rely on AI outputs without independently confirming their accuracy. AI outputs do not constitute professional advice.

8. Biometric Data & Voiceprint Policy

If you enable speaker labeling, the Service may create and process voiceprints (voice-derived biometric identifiers) to distinguish and tag speakers within your recordings. This is an optional feature that you must explicitly enable, and we obtain your explicit, informed consent before creating any voiceprint.

Our commitments regarding voiceprints

  • Purpose limitation: voiceprints are used solely for internal speaker recognition within your own content.
  • No external sharing: we do not sell, share, or disclose voiceprints to third parties, except as strictly necessary to provide the feature to you or as required by law.
  • No training: voiceprints and biometric identifiers are never used to train or improve any machine-learning or AI model.
  • Retention & destruction: voiceprints are retained only as long as necessary for the feature and are destroyed upon expiry of the applicable retention period, upon your deletion of the related content, or upon account deletion.
  • Withdrawal: you may withdraw consent and disable the feature at any time.

9. User Content, Ownership & Deletion

As between you and Hemory, you retain all ownership of your audio recordings, transcripts, and derived text (“User Content”). Transcribed text is your asset. You grant Hemory a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, process, transform, and display your User Content solely to operate and provide the Service to you and as directed by you. We do not use your User Content to train our or any third party’s AI models.

Retention and deletion. Raw audio is retained by default for a limited period and then permanently (hard) deleted; it is not stored long-term. You may delete transcripts and other User Content at any time and may delete your account, which removes associated User Content except where retention is required by law or for legitimate backup cycles. Once permanently deleted, User Content cannot be recovered.

10. User Content: Representations, Warranties & Monitoring

By providing User Content, you represent and warrant that:

  • you are the owner of, or have all rights, licenses, and consents necessary to submit and process, the User Content as contemplated by these Terms;
  • your User Content does not and will not infringe or misappropriate any third-party intellectual property, privacy, publicity, or other right, or violate any law; and
  • your User Content is not unlawful, defamatory, or otherwise objectionable.

We have no obligation to monitor User Content, but may, at our discretion and without notice, screen, remove, or restrict any User Content that we reasonably believe violates these Terms or applicable law. We are not responsible or liable for User Content.

11. Privacy & Cross-Border Transfers

Your use of the Service is also governed by the Hemory Privacy Policy, which is incorporated into these Terms and describes the personal information we collect (including account PII, audio recordings, transcripts, voiceprints/biometric identifiers, semantic vectors, and usage logs), how we use and share it, retention, and your rights. We do not sell, and do not “share” (as defined under the CCPA/CPRA), your personal information.

We are based in and operate the Service from the United States. If you access the Service from outside the United States, your personal information may be transferred to, stored, and processed in the United States, where data-protection laws may differ from those of your country. Where required by applicable law, we implement appropriate safeguards in connection with such transfers, as further described in the Privacy Policy.

12. Self-Hosted DPU & Responsibility Allocation

The Service supports both platform-hosted DPUs (cloud version deployed on AWS servers located in the United States) and user self-hosted DPUs. Where you operate a self-hosted DPU: (a) your data resides locally within your own environment; (b) Hemory provides only binding, routing, and certificate services and does not control or store the data residing in your environment; and (c) you, as the deploying party, are solely responsible for the security, availability, and legal/regulatory compliance of your environment, including access control, backups, and data-protection obligations.

13. Data Security

We implement commercially reasonable technical and organizational measures designed to protect data, including: transport encryption (HTTPS / TLS 1.2+); storage of iOS credentials in the Keychain; AES-256-GCM encryption for DPU backups; and standardized UTC time handling on the backend with client-side local-time conversion. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

14. Communications

  • Text messages. We and those acting on our behalf may send SMS messages to the number you provide (e.g., for two-factor authentication). Standard carrier rates may apply.
  • Push notifications. If you install our app, you may receive push notifications; you can turn these off in your device settings.
  • Email. We may send operational emails (e.g., processing or security notices) and, where permitted, product or promotional emails. You may opt out of promotional emails via the unsubscribe link.

Electronic communications as written notice. By using the Service you consent to receive electronic communications from us, and you agree that notices, agreements, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

15. Acceptable Use

By using the Service you agree not to:

  • use the Service for any unlawful purpose or in violation of any applicable law (including recording, wiretapping, privacy, or export-control laws);
  • interfere with, disrupt, or circumvent the security or operation of the Service, or introduce malicious code;
  • collect personal information about others without consent, or harass, threaten, or harm any person;
  • impersonate any person or entity or misrepresent your affiliation; or
  • attempt to access accounts or data that are not yours.

16. Intellectual Property & Feedback

The Service and all software, interfaces, designs, models, text, and other materials provided by Hemory (excluding User Content) are owned by Beautiful ONES Inc. or its licensors and are protected by intellectual property laws. We reserve all rights not expressly granted. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, including improving the Service.

We comply with the Digital Millennium Copyright Act (17 U.S.C. §512). If you believe content on the Service infringes your copyright, send a notice to our designated agent: Beautiful ONES Inc., Attn: Legal (Copyright), 250 W El Camino Real #1112, Sunnyvale, CA 94087, legal@hemory.com. Your notice must include: a signature of the authorized person; identification of the copyrighted work; identification and location of the allegedly infringing material; your contact details; a good-faith statement; and a statement, under penalty of perjury, that the information is accurate and you are authorized to act. We will terminate the accounts of repeat infringers.

The Service may interoperate with or link to third-party services (such as Apple, app stores, identity providers, and LLM providers). Those services are governed by their own terms and privacy policies, are not under our control, and we are not responsible for them. Your use of third-party services is at your own risk.

19. Term, Termination & Modification of the Service

These Terms apply from when you first accept them or use the Service until terminated. You may terminate at any time by ceasing use and deleting your account. We may suspend or terminate your access at any time, with or without notice, including for violation of these Terms, and may modify or discontinue the Service. Provisions that by their nature should survive (including Sections 9 (deletion), 16, 17, 19, 20, 21, 22, 23, and 27) will survive.

20. Indemnification

To the fullest extent permitted by law, you will defend and indemnify Hemory and its officers, directors, employees, and agents from any third-party claim, and any related liability, damages, losses, and expenses (including reasonable attorneys’ fees), arising out of or related to: (a) your User Content; (b) your recordings or your failure to obtain any notice or consent required by law; (c) your violation of these Terms or any applicable law; or (d) your violation of any third-party right.

21. Disclaimers & Limitation of Liability

21.1 Disclaimers. THE SERVICE AND ALL CONTENT, TRANSCRIPTIONS, AND AI OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that transcriptions or AI outputs will be accurate or complete.

21.2 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, HEMORY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. HEMORY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID HEMORY IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

22. Dispute Resolution & Arbitration

22.1 Agreement to Arbitrate

To resolve disputes efficiently, and except as described in Sections 22.2 and 22.3, you and Hemory agree that every dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, allows more limited discovery than court, and is subject to very limited review by courts; an arbitrator can award the same damages and relief that a court can. This agreement to arbitrate includes all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other theory, and whether arising before or after termination. YOU AND HEMORY EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

22.2 Exceptions

Nothing in this Section waives either party’s right to: (a) bring an individual action in small-claims court; (b) pursue an enforcement action through an applicable government agency; (c) seek injunctive relief in court in aid of arbitration; or (d) file suit in court to address an intellectual-property infringement claim.

22.3 Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice that includes your full legal name and the email associated with your account to Beautiful ONES Inc., Attn: Legal – Arbitration Opt-Out, 250 W El Camino Real #1112, Sunnyvale, CA 94087, or legal@hemory.com. If you opt out, this Section 22 will not apply, and any dispute will be resolved as described in Section 23. Opting out does not affect the remaining provisions of these Terms.

22.4 Arbitrator; Rules

Arbitration will be governed by the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (the “AAA Rules”), as modified by these Terms. The AAA Rules are available at adr.org. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.

22.5 Notice of Arbitration; Process

A party intending to seek arbitration must first send the other party written notice of the dispute by certified U.S. mail or by Federal Express (signature required), or, only if the other party has not provided a physical address, by email (the “Notice of Arbitration”). Hemory’s address for notice is: Beautiful ONES Inc., Attn: Legal, 250 W El Camino Real #1112, Sunnyvale, CA 94087. The Notice of Arbitration must describe the nature and basis of the claim and the specific relief sought. The parties will make good-faith efforts to resolve the claim directly; if they do not reach agreement within 30 days after the Notice of Arbitration is received, either party may commence arbitration. All arbitration proceedings will be confidential unless the parties agree otherwise in writing. Any settlement offer made by either party must not be disclosed to the arbitrator until after the arbitrator issues a final award. If the arbitrator awards you more than Hemory’s last written settlement offer made before the award, Hemory will pay you the greater of (i) the amount awarded or (ii) USD $10,000.

22.6 Fees; Hearing

If you commence arbitration in accordance with these Terms, Hemory will reimburse your filing fee, unless your claim exceeds USD $10,000, in which case payment of fees is governed by the AAA Rules. Any in-person hearing will take place in Santa Clara County, California; however, for claims of USD $10,000 or less, you may choose to have the arbitration conducted (a) solely on documents, (b) by telephone, or (c) in person in the county of your billing address. If the arbitrator finds the claim or relief sought to be frivolous or brought for an improper purpose, payment of fees will be governed by the AAA Rules. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions.

22.7 No Class Actions

You and Hemory agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both parties agree, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any class or representative proceeding.

22.8 Future Changes to this Arbitration Provision

If Hemory makes any future change to this Section 22 (other than a change to its notice address), you may reject the change by sending written notice within 30 days to Hemory’s notice address, in which case your account will terminate immediately and the version of this Section 22 in effect immediately before the rejected change will survive.

22.9 Severability; Enforceability

If Section 22.7 (No Class Actions) or the entirety of this Section 22 is found unenforceable, or if Hemory receives a timely opt-out notice from you, then this Section 22 will be null and void, and the exclusive jurisdiction and venue in Section 23 will govern any action arising out of or relating to these Terms.

23. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Subject to Section 22, the state and federal courts located in Santa Clara County, California will have exclusive jurisdiction over any matter not subject to arbitration.

24. Changes to These Terms

We may modify these Terms from time to time. For material changes, we will provide reasonable advance notice through the Service or by email, and where required may ask you to accept the modified Terms. Immaterial changes are effective upon posting. Your continued use after changes become effective constitutes acceptance; if you do not agree, you must stop using the Service.

25. Apple App Store Terms

This section applies if you use the iOS app. These Terms are between you and Hemory only, not Apple, and Apple is not responsible for the Service or its content. Apple has no maintenance or support obligation. If the app fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for any claims relating to the app (including product liability, legal/regulatory non-conformity, or consumer-protection claims) or for third-party intellectual-property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in an embargoed country and are not on any U.S. government restricted-party list.

26. Notice to California Residents

Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or (800) 952-5210.

27. Miscellaneous & Contact

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Hemory regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. We may assign these Terms; you may not assign them without our consent. Our failure to enforce any provision is not a waiver. “Including” means “including but not limited to.” Contact: Beautiful ONES Inc., 250 W El Camino Real #1112, Sunnyvale, CA 94087, USA — General support@hemory.com; Privacy privacy@hemory.com; Legal legal@hemory.com.