Last Updated: XX XX, 2024
In these Terms, the following terms shall have the following meanings:
Termsmeans these Terms of Use.
Companymeans QX Inc. (the service provider).
Servicemeans the AI service and all related services provided by the Company.
Usermeans any individual or entity using the Service.
Accountmeans the collection of user information registered by a User to use the Service.
Contentmeans all information including text, images, audio, video, and any other data generated, posted, or shared on the Service.
Input Datameans text, images, audio, and other data provided by Users to the Service.
Generated Contentmeans text, images, audio, video, and other output results generated by AI based on Input Data.
Privacy Settingsmeans the feature that sets the viewing scope of Content.
Individual Usermeans a person using the Service as an individual.
Corporate Usermeans an entity using the Service as a corporation or organization.
Guardianmeans the parent or legal guardian of a User under 18 years of age.
Related Rulesmeans the Privacy Policy, Community Guidelines, and other rules established by the Company.
Service fees are as follows. All fees are displayed including tax. (1) Individual Plan: From ¥50,000 per month (tax included) (available in ¥50,000 increments) (2) Corporate Plan: From ¥50,000 per month (tax included) (available in ¥50,000 increments) (3) Annual Plan: 10 months of monthly fees (2 months discount)
Services included in each plan are as follows: (1) Use of AI generation features (generation limits vary by plan) (2) Storage capacity for Generated Content (upper limits vary by plan) (3) Use of content display features (4) Basic customer support (5) Other features determined by the Company
The following services incur additional charges: (1) Additional generation beyond monthly limits (pay-per-use) (2) Additional storage beyond capacity limits (3) Premium support (4) API usage (separate contract required)
Fee details and current pricing are posted on the plan introduction page of the Company's website.
The Company may provide free trials to new Users under the following conditions: (1) Period: 14 days from initial registration (2) Eligibility: Individuals and corporations using the Service for the first time (3) Features: Equivalent to paid plans (some restrictions may apply) (4) Credit card registration: Required (cancellable during trial to prevent automatic billing)
Free trial use is limited to once per User.
Processing at trial period end is as follows: (1) End notice sent to registered email 3 days before trial ends (2) Automatically transitions to paid plan if not cancelled during trial (3) Service use restricted immediately upon cancellation (4) Generated Content remains downloadable for 30 days after cancellation
Payment methods for Service fees are as follows: (1) Credit card (Visa, Mastercard, JCB, American Express, Diners Club) (2) Debit card (some cards may not be accepted) (3) For Corporate Users: Invoice payment (requires screening and separate contract)
Payment timing is as follows: (1) Initial: Immediate billing upon Account registration completion or free trial end (2) Subsequent: Automatic billing on same date as initial billing (end of month for 31st) (3) Annual Plan: Full year prepaid at contract start
Users must maintain a valid payment method at all times.
The Company uses a payment system compliant with PCI DSS (Payment Card Industry Data Security Standard) to ensure payment information security.
Invoice payment for Corporate Users is available only after passing credit screening, with payment terms determined individually.
Paid plans automatically renew at contract period end unless Users complete cancellation procedures. (1) Monthly Plan: Automatically renews monthly (2) Annual Plan: Automatically renews annually
Automatic renewal occurs under the same conditions unless cancellation is completed by 24 hours before current contract period ends.
The Company provides the following notifications regarding automatic renewal: (1) Renewal notice: Email notification 7 days before renewal (2) Payment method expiration: Email notification 14 days before expiration (3) Fee changes: Advance notice per Article 15
If payment method has expired or billing fails at automatic renewal for other reasons, Article 16 provisions apply.
The Company may revise Service fees due to economic changes, Service content expansion, or other circumstances.
When revising fees, the Company shall: (1) Notify via registered email and Service announcement 30 days before implementation (2) Clearly explain revision content and reasons (3) Provide cancellation instructions for Users who cannot accept the revision
Fee revision application timing is as follows: (1) Existing monthly plan Users: New fees apply from next renewal after notice period (2) Existing annual plan Users: Old fees apply during current contract, new fees from next renewal (3) New Users: New fees apply to registrations after revision date
Users who cannot accept fee revisions may cancel per Article 57 before revision application to avoid paying revised fees.
If billing fails at automatic renewal, the Company takes the following measures: (1) First failure: Retry billing 3 days after failure (2) Second failure: Retry again 3 days later (6 days after first failure) (3) Third failure: Suspend Service and notify User
Grace period after billing failure is as follows: (1) Service use continues for 14 days from first billing failure (2) Service continues uninterrupted if valid payment method registered and unpaid fees paid during grace period (3) Account suspended and Content access restricted after grace period (4) Data retained for 30 days after Account suspension
Late payment damages are as follows: (1) Corporate Users: 14.6% annually (calculated daily) (2) Individual Users: No late payment damages charged
The Company shall send payment reminders to Users with payment delays via email and in-Service notifications.
Payment history management is as follows: (1) Users can view past 24 months of payment history from Account settings (2) Receipts downloadable in PDF format after each payment (3) Invoices issued for Corporate Users upon request
Payment information security is ensured as follows: (1) Credit card information not retained by Company, using payment processor's tokenization system (2) All payment communications encrypted with SSL/TLS (3) Automatic detection and User notification for suspected fraudulent use
Users may change registered payment methods at any time. However, any unpaid fees must be settled first.
The Company shall not use payment information for purposes other than Service provision and legally required purposes.
(2) Generated Content: All output generated by the Service's AI based on Input Data - Text output (sentences, poems, scripts, etc.) - Image output (illustrations, photographic images, art, etc.) - Audio output (synthesized voice, music, sound effects, etc.) - Video output (animations, live-action style videos, etc.) - Other format outputs
(3) Metadata: Information accompanying Content - Generation date/time, generation parameters - Version information, edit history - Privacy settings, tags, descriptions - Information indicating AI generation
Users retain all rights to Input Data they provide to the Service. The Company does not claim ownership, copyright, or other intellectual property rights to Input Data.
Users represent and warrant the following regarding Input Data: (1) They possess all necessary rights (copyright, portrait rights, trademark rights, etc.) or have legitimate usage authority (2) Does not infringe third-party rights (intellectual property rights, privacy rights, publicity rights, etc.) (3) Is not illegal content or content contrary to public order and morals (4) If containing personal information, appropriate consent has been obtained (5) Is true and accurate (when stating facts)
The Company uses Input Data solely for Service provision purposes. Specifically, use is limited to: (1) Creating Generated Content requested by User (2) Technical processing of the Service (format conversion, temporary storage, etc.) (3) Fulfilling legal obligations for retention and disclosure
The Company does not use User Input Data for AI model training.
To the extent legally permissible, rights to Generated Content belong to the User. The Company does not claim any ownership, copyright, or other rights to Generated Content.
Users may freely use Generated Content. This includes but is not limited to: (1) Reproduction, distribution, public transmission (2) Adaptation, editing, processing (3) Commercial use (sales, licensing, etc.) (4) Publication and sharing on other platforms
However, the following restrictions apply to Generated Content rights: (1) Whether copyright is recognized for AI-generated content varies by country's laws and is not established in some areas (2) Generated Content may infringe third-party rights if similar to existing works (3) Other Users may obtain similar output from identical or similar Input Data (4) Exclusive rights to Generated Content are not guaranteed
Users shall verify at their own responsibility that Generated Content use does not infringe third-party rights.
Users grant the Company a license to Content posted or uploaded to the Service (including Input Data and Generated Content) under the following conditions: (1) Non-exclusive (User also freely usable) (2) Worldwide (as Service is global) (3) Royalty-free (no additional fees) (4) Sublicensable (for provision to technical partners) (5) Revocable (license ends upon Content deletion)
The license in the preceding paragraph is limited to the following purposes: (1) Providing, maintaining, and improving the Service (2) Displaying and distributing Content according to User-set privacy settings (3) Technical processing (resizing, format conversion, compression, etc.) (4) Copying and storing for backup and security purposes (5) Legal compliance (reporting illegal content, etc.)
The Company shall not use User Content for: (1) AI model training (2) Sales or licensing to third parties (3) Marketing use without User's explicit consent
For Content with private
privacy settings, the license is limited to technically necessary scope.
Feedback refers to the following information provided by Users to the Company: (1) Suggestions and ideas for Service improvement (2) New feature requests (3) Bug reports and malfunction information (4) Other opinions, impressions, and evaluations
By providing Feedback, Users grant the Company the right to use such Feedback freely and without limitation. This includes: (1) Right to reproduce, modify, and implement (2) Right to incorporate into the Service or other services (3) Right to sublicense to third parties (4) Right to commercial use
The Company has no obligation to treat Feedback as confidential information or to implement or adopt Feedback.
Users have no right to demand compensation or remuneration for providing Feedback.
Users may select the following privacy levels for Generated Content: (1) Public: Viewable by all Users and internet users (2) Unlisted: Viewable only by those who know the specific URL (3) Private: Accessible only by User (and permitted team members) (4) Followers Only: Viewable only by approved followers (5) Team Only: Viewable only by designated team members (Corporate Plan)
Default setting for newly Generated Content is Private
. Content remains private unless User explicitly changes privacy settings.
Users may change Content privacy settings at any time. However, the Company cannot guarantee control over Content once public that has been saved or shared by third parties.
Privacy setting changes take effect immediately, but technical reasons such as CDN caching may cause delays up to 72 hours.
Users may edit their Generated Content at any time. Editable items include: (1) Content body (text, image replacement, etc.) (2) Title, description, tags (3) Privacy settings (4) Other metadata
Edit history may be saved at User's option. When edit history is saved, past versions can be referenced and restored.
Users may delete their Generated Content at any time. Deletion effects are: (1) Immediately hidden from user interface (2) Becomes inaccessible to other Users (3) Deleted from CDN cache within maximum 72 hours (4) Completely deleted from backup systems after 30 days
Deleted Content may remain in the following cases: (1) Preservation request from law enforcement (2) Evidence preservation needed for litigation (3) Preservation needed for Terms violation investigation (4) Lawfully reproduced or shared by other Users
For collaborative editing features in Corporate Plans, editing and deletion permissions shall be set by administrators.
Users may share Generated Content externally using sharing features provided by the Service: (1) Direct sharing to major SNS (Twitter, Facebook, Instagram, etc.) (2) Generation of sharing URLs (3) Generation of embed codes (4) External service integration via API (supported services only)
When sharing to external services, note the following: (1) External service terms also apply (2) Company not responsible for Content handling on external services (3) Complete deletion or control of shared Content is difficult (4) Sharing features may become unavailable due to external service specification changes
The Service implements the following measures to indicate Generated Content was created by AI:
(1) Automatic labeling as AI-generated content
when sharing
(2) Support for technical standards like Content Credentials (when technically feasible)
(3) Watermark feature provision (activated at User's option)
Users must not intentionally conceal that Content is AI-generated and misrepresent it as human-created.
Users must not generate, publish, or share Content that infringes the following third-party rights: (1) Portrait rights and publicity rights of real persons (especially celebrities and public figures) (2) Unauthorized reproduction or adaptation of others' copyrighted works (3) Unauthorized use of registered trademarks, corporate logos, brand marks (4) Information violating others' privacy, personal information
The Service implements the following technical measures to prevent third-party rights infringement: (1) Blocking generation requests for celebrity names or likenesses (2) Similarity checks with known copyrighted works (best effort) (3) Verification against trademark databases (major trademarks only)
The Company operates a DMCA-compliant reporting system to respond to infringement claims. For legitimate rights holder claims, the Company shall: (1) Receive and review claims (2) Temporarily unpublish or delete relevant Content (3) Notify Content poster and provide opportunity for counter-notice (4) Make final determination and implement measures
Account suspension or other measures may be taken against those making false or malicious infringement claims.
Users shall resolve third-party rights infringements at their own responsibility and expense, causing no damage to the Company.
Users shall not engage in the following activities when using the Service.
Prohibited System Activities (1) Unauthorized access, hacking, or other activities that compromise Service security (2) Reverse engineering, decompilation, disassembly, or other analysis of the Service or related systems (3) Accessing the Service using automation tools, bots, scripts other than Company-authorized APIs (4) Placing excessive load on the Service (including DoS attacks, DDoS attacks) (5) Exploring or exploiting Service vulnerabilities (6) Attempting to circumvent or disable usage limits (generation limits, capacity limits, etc.) (7) Illegally obtaining or analyzing Service source code, algorithms, or methods
Prohibited Account Activities (1) Account registration using false information (2) Creating multiple accounts to circumvent usage limits or for other improper purposes (3) Selling, lending, transferring, or otherwise providing accounts to third parties (4) Unauthorized access to or impersonation of other User accounts (5) False age registration (including registration under 13 or under 18 without guardian consent) (6) Sharing account credentials (passwords, etc.) with third parties
Prohibited Commercial Activities (1) Reselling or redistributing the Service or Generated Content without prior written permission from the Company (2) Spam or indiscriminate advertising/promotion (3) Network marketing or multi-level marketing solicitation (4) Fraudulent business practices or improper monetary demands (5) Using for development or training of services, products, or AI models competing with the Service (6) Training competing AI models using Service output
Other Prohibited Activities (1) Activities violating laws, court decisions, administrative measures, etc. (2) Activities contrary to public order and morals (3) Activities infringing Company or third-party intellectual property rights, privacy rights, reputation rights, or other rights (4) Activities interfering with Service operation (5) Activities hindering other Users' Service use (6) Activities deemed inappropriate by the Company
Users shall not generate, publish, or share the following Content using the Service.
Illegal Content (1) Child pornography, child sexual exploitation material (CSAM), or other content sexually depicting children (whether real or fictional) (2) Promoting, recruiting for, glorifying terrorism or other terrorism-related content (3) Manufacturing methods, trading, or recommending use of regulated or illegal drugs (4) Information on illegal manufacturing methods or trading of weapons (firearms, explosives, etc.) (5) Content related to human trafficking or organ trading (6) Solicitation or assistance for money laundering or other financial crimes (7) Other content violating Japanese law or laws of User's location
Violent and Cruel Content (1) Content containing excessively violent or cruel depictions (2) Depictions or recommendations of torture or abuse (3) Detailed explanations, recommendations, or glorification of self-harm methods (4) Solicitation, assistance, or detailed explanation of suicide methods (5) Depictions or recommendations of animal abuse (6) Detailed recreations of real violence, terrorism, or criminal acts (7) Content primarily aimed at depicting human mutilation or grotesque imagery
Sexual Content (1) Pornography, obscene material, or other explicit sexual content (2) Explicit depictions of genitals or sexual acts (3) Solicitation for sexual services or promotion of prostitution (4) Sexual depictions of minors (real or fictional, regardless of age) (5) Non-consensual sexual content (revenge porn, voyeurism, etc.) (6) Depictions or recommendations of sexual violence or abuse
Intellectual Property Infringement (1) Unauthorized reproduction, adaptation, or public transmission of third-party copyrighted works (2) Unauthorized use of registered trademarks or trademark infringement (3) Improper use of corporate logos or brand marks (4) Patent, utility model, or design right infringement (5) Illegal acquisition or disclosure of trade secrets or confidential information (6) Other content infringing third-party intellectual property rights
Personal Rights Infringement (1) Generating images, audio, or video of real persons without permission (including deepfakes) (2) Content infringing real persons' portrait or publicity rights (3) Publishing information violating others' privacy (addresses, phone numbers, email addresses, etc.) (4) Defamation, insult, or credit damage to specific individuals or corporations (5) Lowering others' social reputation by stating false facts (6) Deepfake porn or other content sexually depicting others without consent
Discrimination and Hate Speech (1) Content promoting discrimination, prejudice, or hatred based on race, ethnicity, or nationality (2) Discrimination or offensive expressions based on religion or beliefs (3) Discrimination or expressions of hatred based on gender, sexual orientation, or gender identity (4) Promoting discrimination or prejudice based on disability or illness (5) Inciting violence, exclusion, or persecution against specific groups (6) Use of hate symbols or discriminatory symbols
Harassment and Bullying (1) Persistent attacks or harassment against specific individuals (2) Doxxing (malicious publication of personal information) (3) Stalking or persistent following (4) Threats, extortion, or intimidating behavior (5) Organizing group bullying or harassment (6) Malicious false reports or false accusations
Misinformation and Disinformation (1) Intentional spread of dangerous misinformation about public health (infectious diseases, medical care, etc.) (2) Misinformation about elections, voting, or democratic processes (3) Spreading false information about disasters or emergencies (4) Impersonating real persons, organizations, or entities (5) False information for fraud or phishing purposes (6) Political manipulation or public opinion manipulation using deepfakes
Other Harmful Content (1) Content potentially hindering healthy development of minors (2) Solicitation for illegal gambling (3) Recommending dangerous challenges (those endangering life or body) (4) Content promoting or glorifying eating disorders (anorexia, bulimia, etc.) (5) Content primarily aimed at causing excessive discomfort or disgust (6) Intentionally concealing that content is AI-generated and misrepresenting it as human-created
Comprehensive Clause In addition to the foregoing, the Company may restrict generation, delete, or take other necessary measures regarding Content deemed inappropriate from the perspective of healthy Service operation, User safety, and social responsibility.
The Company maintains the following moderation system to maintain Service health and safety.
Proactive Moderation (1) AI Automatic Filtering
(2) Generation Restrictions - Generation restrictions for prompts containing real person names - Restrictions on generation requests containing violent or sexual keywords - Similarity checks with known harmful content patterns - Abuse prevention through generation limits
(3) External Cooperation - Cooperation with child protection organizations, human rights groups, etc. - Cooperation system with law enforcement - Information sharing with industry organizations
Reporting Methods The Company provides the following methods for Users to report problematic Content: (1) Report button on each Content item (2) Dedicated reporting form (enables detailed information provision) (3) Email reporting (abuse@[ServiceName].com) (4) Emergency hotline (for serious cases involving child safety, danger to life, etc.)
Reportable Content (1) Terms of Use violations (2) Illegal content (child pornography, terrorism-related, etc.) (3) Rights infringement (copyright, portrait rights, privacy, etc.) (4) Harassment, bullying, threats (5) Self-harm and suicide-related content (6) Other content threatening User safety
Reporter Protection (1) Reports may be made anonymously (2) Reporter identity information is kept confidential except when legally required (3) Retaliatory acts for reporting are treated as serious Terms violations (4) Reporting functions may be restricted for Users repeatedly making false or malicious reports
Response to Reports (1) Automatic confirmation message upon report receipt (2) Urgency evaluation and prioritization (3) Implementation of provisional measures as necessary (4) Result notification to reporter after investigation completion (within privacy-conscious scope)
Investigation Process (1) Initial response within 24 hours of report or automatic detection (2) Preservation of Content and related information (3) Detailed investigation as necessary (4) Content review by specialized moderators (5) Review by senior review team for serious cases (6) Consultation with external experts (legal, medical, child protection, etc.) as needed
Determination Criteria Violation determinations are made based on: (1) Applicability to Terms prohibited items (2) Consistency with Community Guidelines (3) Japanese law and relevant international regulations (4) Conformity with social norms and public order (5) Consistency with past similar cases (6) Severity of Content impact
Measures During Investigation (1) Immediate hiding of clearly illegal or extremely harmful Content (2) Temporary function restrictions on investigated accounts (when necessary) (3) Data preservation for evidence (4) Restriction of related Content visibility (5) Provisional measures to prevent damage expansion
Recording Determinations All violation determinations are recorded and utilized to ensure consistency and improve transparency in future determinations.
Content-Level Measures (1) Warning label attachment (for minor violations) (2) Visibility restrictions (followers only, private, etc.) (3) Content deletion (4) Bulk deletion of related derivative Content (5) Exclusion from search results
Account-Level Measures (1) Warning notice delivery (2) Specific function restrictions
Graduated Response (for minor violations) (1) First violation: Warning notice (2) Second: 7-day major function restriction (3) Third: 30-day account suspension (4) Fourth: Permanent account suspension
Immediate Response (for serious violations) For the following violations, strict measures are taken immediately without graduated response: (1) Child sexual exploitation material (CSAM): Immediate permanent suspension and law enforcement report (2) Terrorism-related content: Immediate permanent suspension and authority report (3) Imminent threats to life: Immediate suspension and police report (4) Other serious illegal acts: Immediate suspension with final determination after investigation
Ancillary Measures (1) Review of all Content created by violating User (2) Forfeiture of revenue from violating Content (if applicable) (3) Re-registration prevention measures (4) Consideration of legal measures as necessary
Right to Appeal (1) Users have the right to appeal all measures taken against them (2) Appeal period: Within 30 days of receiving measure notification (3) Appeal method: Via dedicated form or designated email address (4) Information required for appeal:
Review Process (1) Confirmation notice of appeal receipt (within 3 business days) (2) Re-review by different review team from initial determination (3) Review completion and result notification within 14 days (4) Request for additional information submission as needed (5) External expert opinion consultation (for complex cases)
Review Results and Response (1) If appeal is upheld:
(2) If appeal is rejected: - Notification of final decision with reasons - Provision of guidance for future improvement
Final Decision (1) Appeal review results are final, and re-appeals for the same matter are not accepted (2) However, re-review may be exceptionally considered if new evidence is discovered
Treatment After Reinstatement (1) Special consideration for Users reinstated due to erroneous determination (2) Measures for re-violations after reinstatement based on violation severity (3) Abuse of malicious appeals itself constitutes a Terms violation
The Company respects User privacy and handles personal information based on the following principles: (1) Lawfulness and Fairness: Complying with laws and obtaining personal information through lawful and fair means (2) Purpose Limitation: Defining clear usage purposes and using personal information only within that scope (3) Data Minimization: Collecting only the minimum personal information necessary for purpose achievement (4) Accuracy: Ensuring personal information accuracy and maintaining current state (5) Storage Limitation: Storing personal information only for necessary periods and promptly deleting when no longer needed (6) Security: Protecting personal information through appropriate technical and organizational measures (7) Transparency: Clearly explaining personal information handling to Users
Data provided by Users to the Service (including Input Data and Generated Content) is not used for AI model training. The Company may perform statistical analysis for Service improvement but only in forms that cannot identify individuals.
If the Company provides options to use data for AI training based on explicit User consent (opt-in) in the future, detailed explanations will be provided and individual consent obtained.
Account Registration Information
Input Data
Payment Information
Technical Information
Usage Information
Cookie Information
Service Provision and Operation
Billing and Payment Processing
Service Improvement and Development
Security and Anti-Fraud Measures
Legal Obligation Fulfillment
Sharing Necessary for Service Provision
The Company enters appropriate data processing agreements with these third parties to ensure protection levels equal to or greater than these Terms.
However, the Company will endeavor to notify Users of disclosure to the extent legally permitted.
Sharing Based on User Consent Explicit User consent is obtained in advance for:
The Company does not sell User personal information.
Account Information
Generated Content
Audio Data
Usage and Access Logs
Payment Information
Users have the right to request deletion of their personal information. Deletion request responses are:
Deletion requests may not be accommodated in the following cases:
Access Rights
Correction Rights
Deletion Rights
Usage Restriction Rights
Data Portability Rights
EU residents (GDPR subjects) additionally have:
California residents (CCPA/CPRA subjects) have additional rights:
Rights Exercise Methods (1) Application through dedicated rights exercise form (2) Email to support@[ServiceName].com (3) Response within 30 days after identity verification (extendable to 60 days for complex requests) (4) Rights exercise generally free (excluding excessively repetitive requests)
The Company implements the following technical measures to protect personal information:
Organizational measures implemented:
Physical measures implemented:
User personal information may be stored and processed in:
For international data transfers, the Company ensures appropriate protection levels through:
Protection levels defined in these Terms are maintained regardless of data transfer destination.
Personal Information Collection from Children Under 13
Protection for Users Aged 13 to Under 18
Educational Considerations
Details regarding personal information handling are described in the separately established Privacy Policy. The Privacy Policy constitutes part of these Terms and has equal effect.
In case of conflict between these Terms and the Privacy Policy, the more protective provisions apply.
Privacy Policy Changes
Users may contact privacy@[ServiceName].com with privacy-related questions or concerns.
The Service is provided AS IS
and AS AVAILABLE,
and the Company makes no warranties of any kind, express or implied. This includes but is not limited to disclaimers of:
(1) Warranties of fitness for a particular purpose
(2) Warranties of merchantability
(3) Warranties of non-infringement
(4) Warranties of accuracy, reliability, or completeness
(5) Warranties that the Service is free from viruses or other harmful elements
The Company does not warrant: (1) The Service will be available 24/7/365 (2) The Service will operate without errors, bugs, or other defects (3) The Service will meet specific User requirements or expectations (4) Service quality will meet specific standards (5) The Service will be provided without interruption or securely
While the Company strives for continuous Service improvement, it does not guarantee completeness or specific quality levels. Service Level Agreements (SLAs) are not provided unless separately concluded.
Regarding Accuracy and Appropriateness of AI-Generated Output (1) The Company does not warrant the accuracy, truthfulness, or currency of AI-generated Content (2) Generated Content may contain factually incorrect information, misleading content, or incomplete information (3) AI output may produce unpredictable results by its nature (4) Quality, usefulness, or conformity to User expectations of generated output is not guaranteed
Disclaimer of Professional Advice (1) AI-generated output does not constitute medical, legal, financial, or other professional advice (2) Generated information must not be used as basis for professional judgment (3) Always consult appropriate professionals when making important decisions (4) Even for educational use, content accuracy must be verified at User's responsibility
Disclaimer of Infringement Risk (1) No guarantee that generated output will not infringe third-party intellectual property rights (copyright, trademark, patent, etc.) (2) No guarantee that generated output will not infringe others' portrait, privacy, or publicity rights (3) Similarity checking features are for reference only and do not guarantee complete rights clearance (4) Final determination of rights processing and infringement risk is User's responsibility
Users must verify content before using AI-generated output and modify or verify as necessary.
Disclaimer from Improper Use The Company bears no responsibility for damages arising from: (1) User violations of these Terms, Community Guidelines, or other policies (2) Incorrect usage methods, inappropriate settings, or operational errors (3) Excessive reliance on the Service (4) Unauthorized use of accounts by third parties (5) Data loss or leakage due to User negligence
Disclaimer for High-Risk Applications The Service is not intended for the following uses, and the Company bears no responsibility for damages arising from such uses: (1) Life support equipment or medical device control (2) Nuclear facility operation or control (3) Aircraft, ship, vehicle control systems (4) Weapons systems or military purposes (5) Other uses directly related to human life or physical safety
Disclaimer for Indirect Damages The Company is not responsible for the following damages arising from Service use or inability to use: (1) Disputes or litigation with third parties (2) Loss of business opportunities or lost profits (3) Damage to reputation, credit, or brand value (4) Data loss or corruption (Users are responsible for backups) (5) Alternative service procurement costs
Disclaimer Regarding Third-Party Services (1) Payment service (Stripe, etc.) failures or errors (2) Cloud infrastructure (AWS, Google Cloud, etc.) failures (3) AI API service changes, termination, or failures (4) External SNS integration service specification changes or termination (5) Other third-party service issues not directly managed by the Company
Disclaimer Regarding Third-Party Actions (1) Illegal acts or Terms violations by other Users (2) Hacking, unauthorized access, or cyber attacks (3) Service disruption from DDoS attacks (4) Impersonation, fraud, or phishing (5) Spread of false information or defamation by third parties
Disclaimer Regarding Third-Party Content (1) Content generated or posted by other Users (2) External linked website content or safety (3) Inter-User comments or message exchanges (4) Advertising content that may be implemented in the future
The Company is not responsible for damages arising from Service provision becoming difficult or impossible due to the following force majeure events: (1) Natural disasters (earthquakes, tsunamis, floods, typhoons, volcanic eruptions, etc.) (2) Fire, explosion, accidents (3) War, terrorism, riots, civil unrest (4) Government actions, law enactment/repeal, court orders (5) Infectious disease outbreaks, pandemics (6) Labor disputes, strikes (7) Communication line failures, power supply interruptions (8) Other events beyond the Company's reasonable control
Company Response to Force Majeure Events (1) Strive for earliest possible Service restoration (2) Attempt to consider and provide alternative means (3) Provide information to Users (4) However, implementation of these responses or specific results are not guaranteed
Damage Compensation Cap To the maximum extent permitted by applicable law, the Company's total liability to Users in connection with the Service shall be limited to: (1) Individual Users: The higher of total fees paid by User to Company in the 12 months preceding the event giving rise to the claim, or ¥10,000 (2) Corporate Users: The higher of total fees paid by User to Company in the 12 months preceding the event giving rise to the claim, or ¥100,000 (3) Free Users: ¥1,000
Exceptions to Limitation of Liability The limitation of liability in the preceding paragraph does not apply to: (1) Damages due to Company's willful misconduct or gross negligence (2) Improper use of personal information by Company (3) Damages where limitation of liability is not permitted by law (4) Cases separately specified in these Terms
Exclusion of Indirect Damages In no event shall the Company be liable for: (1) Indirect, derivative, or consequential damages (2) Lost profits, loss of revenue, or loss of business opportunities (3) Data loss, corruption, or recovery costs (4) Alternative service procurement costs (5) Punitive damages (6) Emotional distress (except where recognized by law)
Damage Mitigation Obligation Users have an obligation to take reasonable measures to minimize damages. The Company is not responsible for damages expanded due to User's failure to fulfill this obligation.
Users agree to defend, indemnify, and hold harmless the Company, its officers, employees, agents, and partners (Indemnified Parties
) from all claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from or related to:
(1) User violations of these Terms, Privacy Policy, or other policies
(2) User illegal activities
(3) Third-party rights infringement from User Content or Service use
(4) User false declarations or breach of representations and warranties
(5) Unauthorized activities through User's Account (including third-party unauthorized use)
Scope of indemnification includes: (1) Damages from third-party claims (2) Litigation costs and attorney fees (3) Settlement amounts (with User's prior consent) (4) Other reasonable defense costs
Indemnification Procedures (1) Company promptly notifies User of indemnifiable claims (2) User may undertake defense at own expense (3) Company has right to select counsel and participate in defense at own expense (4) User may not settle adversely to Company without prior written consent
For large Corporate Users (annual fees above certain amount), the following may be negotiated individually: (1) Increased liability limits (2) Service Level Agreement (SLA) conclusion (3) Additional intellectual property warranties (4) Individual Data Processing Agreement (DPA) terms (5) Additional security requirements
Intellectual Property Indemnification (when provided by individual contract) (1) Scope: Third-party intellectual property infringement arising from Company platform technology (2) Exclusions: User Input Data, Generated Content, use based on User instructions (3) Indemnification cap: Individually set (4) User cooperation obligations: Prompt notification, defense cooperation, settlement consent
Relationship with Individual Contracts Individual contracts with Corporate Users prevail over these Terms.
Cyber Insurance (1) Company maintains appropriate cyber insurance for cyber security risks (2) User compensation may be possible within insurance coverage (3) However, liability exceeding insurance amounts is subject to Article 52 limitations
Future Compensation Fund (Under Consideration) (1) Company is considering establishing compensation fund for enhanced User protection (2) If implemented, details will be separately specified and notified to Users (3) Fund participation will be optional and may incur additional costs
Transparency Assurance Company will disclose information about insurance and compensation fund status to appropriate extent.
This contract begins when User completes Account registration and remains effective until terminated under Article 57 or 58.
Subscription plan contract periods are:
Paid plan automatic renewal continues under same conditions unless cancellation procedures are completed by 24 hours before current contract period ends.
When changing plans, processing is as follows: (1) Upgrade (to higher plan): Applied immediately with difference charged (2) Downgrade (to lower plan): Applied after current billing cycle ends
Users may cancel the Service usage contract at any time for any reason. No cancellation fees apply.
Cancellation procedures are performed from Account settings page, with confirmation email sent to registered email address upon completion.
Cancellation takes effect as follows:
No pro-rated refunds for paid usage fees. However, if annual plan is cancelled within 30 days of contract start, amount corresponding to unused period is refunded by Company's prescribed method.
Post-cancellation data handling:
Company may immediately suspend User's Service use or terminate usage contract without prior notice if User:
Company may terminate Service provision with prior notice to Users in:
When suspending Service use or terminating contract under preceding paragraphs, Company may:
Company may change Service content with prior notice to Users. Changes include but are not limited to feature additions/deletions, specification changes, fee plan changes, usage limit changes.
Service change notifications are provided with following periods based on change nature:
Notwithstanding the preceding paragraph, Company may change Service without prior notice for law amendments, security threat responses, or other urgent needs, notifying Users promptly after changes.
Users who cannot accept Service changes may cancel contract per Article 57. Continued Service use after changes constitutes acceptance of such changes.
These Terms shall be governed by and construed in accordance with the laws of Japan.
Notwithstanding the preceding paragraph, mandatory consumer protection laws of the following regions may take precedence for Users residing in:
The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) is expressly excluded.
Disputes arising from these Terms shall be subject to exclusive jurisdiction of Tokyo District Court as court of first instance.
Notwithstanding the preceding paragraph, Users using the Service as consumers may also file lawsuits in courts having jurisdiction over their residence.
Company and Users shall first negotiate in good faith and strive for amicable resolution when disputes arise.
Consumers residing in EU member states may use the online dispute resolution platform provided by the European Commission (https://ec.europa.eu/consumers/odr).
For disputes with Corporate Users, parties may agree to resolve through arbitration under Japan Commercial Arbitration Association rules.
This article does not limit User rights based on applicable mandatory laws.
Company notices to Users are made by:
Notices in the preceding paragraph take effect:
User notices to Company shall be made by Company-designated methods:
Users are responsible for maintaining registered email addresses in receivable state and checking Company notices.
Users may not assign, succeed, or provide as security any rights or obligations under these Terms to third parties without Company's prior written consent.
Users may not transfer, lend, or share their Accounts with third parties. Account status succession is not permitted except for inheritance.
When Company transfers Service-related business to third parties, Company may transfer contractual status, rights and obligations under these Terms, User registration information, and other information to transferee.
When business transfer in preceding paragraph occurs, Company notifies Users in advance, and Users may refuse information transfer by cancelling within 30 days after notification.
If any provision or part of these Terms is determined invalid or unenforceable by law, remaining provisions and parts of provisions determined partially invalid or unenforceable continue in full effect.
If any provision or part is determined invalid or unenforceable in relation to specific Users, it does not affect validity in relationships with other Users.
If any provision is determined invalid or unenforceable in specific regions, such provision applies only in such regions and remains valid in other regions.
Provisions determined invalid or unenforceable shall be reasonably interpreted to achieve content closest to the provision's intent.
These Terms constitute the entire agreement between Company and Users regarding matters contained herein and supersede all prior agreements, representations, and understandings between Company and Users regarding such matters, whether oral or written.
These Terms shall be interpreted integrally with the following related documents:
Related documents in the preceding paragraph are incorporated by reference and have same effect as these Terms.
The following provisions survive termination of usage contract for any reason:
These Terms are authentic in Japanese. Even if English translations are created for reference, only the Japanese text has contractual effect, and English translations have no effect.
In case of discrepancy or conflict between Japanese and English versions, the Japanese version prevails.
When Terms in other languages are created for multilingual Service expansion, they shall be interpreted based on the Japanese version unless otherwise specified.
Minimum necessary modifications may be made according to local law requirements when creating each language version, and such modifications shall be clearly stated in that language version.
End
Established: XX XX, 2024 QX Inc.