App Terms of Service
These Terms of Service (hereinafter referred to as "these Terms") set forth the conditions for the use of the mobile application (hereinafter referred to as "the App") provided by me, Sho Fujimoto (hereinafter referred to as "Developer"). Those who install or use the App (hereinafter referred to as "Users") must carefully read and agree to these Terms before using the App.
Article 1 (Application of Terms)
- These Terms establish the conditions for use of all services provided through the App (hereinafter referred to as "the Service") and the rights and obligations between Developer and Users. They apply to all relationships regarding the use of the Service between Users and Developer.
- Rules and regulations regarding the use of the Service posted on the App or on Developer's website shall constitute part of these Terms.
- If you cannot agree to these Terms, please uninstall the App and discontinue use. By starting to use the App, you are deemed to have agreed to these Terms.
Article 2 (Definitions)
The following terms used in these Terms shall have the meanings set forth below: (1) "The Service" means the question-and-answer service using generative AI, the question-and-answer service regarding text in photos taken by Users, and all other functions provided by Developer through the App. (2) "Users" means individuals who install or use the App after agreeing to these Terms in accordance with Article 1. (3) "Authentication Information" means information such as email addresses and passwords registered for use of the App, or account information from external services such as Google accounts or Apple IDs. (4) "Input Data" means all information that Users input or transmit using the Service, including question text, photos, text information extracted from photos, and any other information. (5) "Generated Data" means answers, text, and other information generated by the Service (mainly generative AI) based on Users' Input Data. (6) "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including rights to obtain such rights or apply for registration of such rights).
Article 3 (Eligibility and Registration)
- The App may be used by those who meet the following conditions: (1) Those who can agree to and comply with these Terms (2) Those who have not violated these Terms in the past (3) Those who have not provided false registration information to Developer (4) Minors who have obtained consent from their legal representatives
- When registering information about themselves when using the Service, Users must provide true, accurate, and complete information.
- Developer may refuse registration and re-registration if a User falls under any of the following items, and has no obligation to disclose the reasons: (1) If all or part of the registration information provided to Developer contains falsehoods, errors, or omissions (2) If the person is a minor, adult ward, person under curatorship, or person under assistance and has not obtained consent from their legal representative, guardian, curator, or assistant (3) If Developer determines that the person is an anti-social force (meaning organized crime groups, organized crime group members, right-wing groups, anti-social forces, or other equivalent persons; the same applies hereinafter) or is involved in maintaining, operating, or managing anti-social forces through funding or other means, or has any interaction or involvement with anti-social forces (4) If Developer determines that the person has violated a contract with Developer in the past or is related to such a person (5) Other cases where Developer determines registration is inappropriate
Article 4 (Changes to Registration Information)
If there are changes to registered information, Users shall notify Developer of such changes without delay using the method specified by Developer. Developer assumes no responsibility for any damage to Users resulting from failure to do so.
Article 5 (Management of Account Information)
- Users shall strictly manage and store Authentication Information registered for use of the App under their own responsibility.
- If Authentication Information is lost or becomes inaccessible, it may become impossible to log in to the App.
- When using external services (Google account, Apple ID, etc.) for account registration, please use them at your own responsibility in accordance with the terms of use of those external services.
- Even if damage occurs to Users due to inadequate management of Authentication Information or unauthorized use by third parties, Developer shall not be responsible in principle, except when there are reasons attributable to Developer.
Article 6 (Prohibited Acts)
Users shall not engage in the following acts when using the Service:
- Acts that violate laws or public order and morals
- Acts related to criminal activities
- Acts that violate court judgments, decisions, orders, or administrative measures
- Acts of impersonating others
- Acts of collecting personal information of others using unauthorized means
- Acts of providing false information
- Acts of transferring or lending App account information to third parties
- Spam acts (repeated posting of the same content, excessive advertising, or directing to other sites)
- Acts that place excessive load on the Service's servers or network systems, or interfere with their functions
- Acts that interfere with or may interfere with the operation of the Service
- Acts of accessing the Service through unauthorized methods without using the official interface provided by the App
- Acts of providing benefits directly or indirectly to anti-social forces
- Acts that infringe on the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of other Users of the Service, Developer, or third parties (including, in particular, taking photos containing personal information, private information, or copyrighted works without permission from others and inputting them into the Service)
- Acts of posting or transmitting inappropriate content such as:
- Excessively violent expressions
- Explicit sexual expressions
- Expressions leading to discrimination based on race, nationality, creed, gender, social status, etc.
- Expressions that promote or induce suicide, self-harm, or inappropriate drug use
- Expressions containing anti-social content that causes discomfort to others
- Harassment, defamation, or stalking of others
- Acts primarily aimed at meeting or dating strangers of the opposite sex
- Religious activities or solicitation to religious organizations
- Copying, modifying, reverse engineering, decompiling, disassembling, or similar acts of software used in the Service
- Other acts that Developer deems inappropriate, equivalent to the above items
Developer may take measures such as deleting relevant content, temporarily suspending use of the Service, or suspending or deleting accounts without prior notice if it determines that a User's actions fall under any of the above. Developer has no obligation to disclose reasons for these measures.
Article 7 (Paid Features)
- The App may offer paid plans that allow access to specific features. Users of paid plans can use limited features for a specified period by paying the prescribed usage fee. Usage fees and payment methods shall be separately determined by Developer and displayed within the App or on Developer's website.
- Paid plans will automatically renew under the same conditions unless cancellation procedures are performed before the specified period ends, and payment obligations for usage fees corresponding to the renewed period will arise. Cancellation procedures shall be performed according to the methods specified by the app store used by the User (App Store, Google Play Store, etc.).
- If payment of usage fees is not properly made at the time of renewal, Developer may stop providing the paid plan without notice. Developer assumes no responsibility for any damage to Users resulting from this.
- Paid plan contracts are managed by the OS (Android or iOS) on which the App is installed. In principle, contracts cannot be transferred when the OS changes due to device changes, etc.
- Free trial periods may be offered to first-time users under specific conditions. No fees are charged during the free trial period, but if cancellation procedures are not performed before the period ends, the plan will automatically transition to a paid plan and usage fees will be charged. Please check details when applying for the plan.
- If a User delays payment of usage fees, Developer may charge the User late payment damages at a rate of 14.6% per annum. (This may be excessive for individually developed apps, so please consider this optionally)
- Developer will not refund paid usage fees for any reason, except as otherwise required by law.
Article 8 (Intellectual Property Rights)
- All intellectual property rights related to the App and the Service belong to Developer or those who have licensed Developer. The license to use the Service based on these Terms does not imply permission to use intellectual property rights related to the App or the Service belonging to Developer or those who have licensed Developer.
- Users represent and warrant to Developer that they have lawful rights to input or transmit Input Data and that Input Data does not infringe on third-party rights.
- Copyrights to Input Data (including photos and text information contained therein) belong to Users in principle. However, due to the App's specifications, photos and text are not stored on servers. Developer temporarily uses Input Data on Users' devices only to the extent necessary for providing the Service (generating responses to questions, extracting text from photos, etc.), and does not collect, store, or secondarily use this information.
- Copyrights and all other rights to Generated Data belong to Developer or those who have licensed Developer. Users may use Generated Data only within the scope of compliance with the Service's terms of use and applicable laws.
- Users agree not to exercise moral rights against Developer and those who have succeeded to or been licensed rights from Developer regarding Input Data and Generated Data.
Article 9 (Changes, Suspension, and Termination of Service Content)
- Developer may change the App's features and content, or temporarily suspend, stop, or terminate all or part of the provision without prior notice to Users.
- Developer may stop or suspend all or part of the Service without prior notice to Users if any of the following apply: (1) When urgently performing inspection or maintenance work on computer systems related to the Service (2) When operation of the Service becomes impossible due to computer or communication line failures, operational errors, excessive access concentration, unauthorized access, hacking, etc. (3) When operation of the Service becomes impossible due to force majeure such as earthquakes, lightning, fires, storms and floods, power outages, or natural disasters (4) Other cases where Developer determines suspension or interruption is necessary
- Even if damage or disadvantage occurs to Users as a result, Developer assumes no responsibility except in cases of gross negligence or willful misconduct by Developer.
Article 10 (Disclaimer)
- Developer does not warrant, either explicitly or implicitly, that the App and the Service are free from defects in fact or law (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for particular purposes, security, errors or bugs, and rights infringement). In particular, Developer makes no warranty regarding the accuracy, completeness, timeliness, appropriateness, fitness for particular purposes, or non-infringement of third-party rights of Generated Data (including answers from generative AI) provided by the Service, which is intended for informational purposes.
- Generated Data is not a substitute for professional advice (including but not limited to legal, medical, or financial advice). Users shall use Generated Data at their own responsibility and judgment, and Developer assumes no responsibility for any acts performed by Users based on Generated Data and their results.
- Developer assumes no responsibility in principle for any damage or disadvantage caused to Users due to use of the App. However, if the contract between Developer and Users based on these Terms falls under a consumer contract as defined in the Consumer Contract Act, some of these disclaimer provisions may not apply. Even in such cases, except for cases arising from Developer's gross negligence or willful misconduct, Developer's liability for damages shall be limited to the total amount of Service usage fees paid by the User to Developer in the past 12 months.
- The App does not store photos taken by Users or input text information on servers. This information is processed on Users' devices or used temporarily only. However, Developer cannot be responsible if information is leaked due to factors outside Developer's control, such as the security status of Users' devices or communication environment.
Article 11 (Handling of User Information)
- Developer's handling of Users' user information (including registration information, usage history, etc., but as stipulated in Article 8, Paragraph 3 of these Terms, photos and text information extracted from photos are not stored on servers) shall be governed by the Privacy Policy separately established by Developer, and Users agree that Developer will handle Users' user information in accordance with this Privacy Policy.
- Developer may use and publish information and data provided by Users to Developer as statistical information in a form that cannot identify individuals at Developer's discretion, and Users shall not object to this.
Article 12 (Changes to Terms of Service)
- Developer may change these Terms as necessary.
- Changed Terms of Service will be announced within the App or on Developer's website. If Users use the App after changes, or do not object within a certain period after announcement, they are deemed to have agreed to the changed Terms. However, if changes require User consent by law, Developer will obtain User consent through Developer's prescribed method.
- Developer assumes no responsibility for any damage or disadvantage to Users resulting from changes to these Terms.
Article 13 (Contact/Notification)
- Inquiries regarding the Service and other communications or notifications from Users to Developer, and notifications regarding changes to these Terms and other communications or notifications from Developer to Users, shall be made using methods specified by Developer (including but not limited to sending emails and posting within the App).
- If Developer makes contact or notification to email addresses or other contact information included in registration information, Users are deemed to have received such contact or notification.
Article 14 (Assignment of Position under Service Use Contract)
- Users may not assign, transfer, pledge, or otherwise dispose of their position under the usage contract or rights or obligations based on these Terms to third parties without Developer's prior written consent.
- If Developer transfers the business related to the Service to another company, Developer may transfer the position under the usage contract, rights and obligations based on these Terms, and Users' registration information and other customer information to the transferee of such business transfer, and Users are deemed to have consented to such transfer in advance in this paragraph. Business transfers defined in this paragraph include not only ordinary business transfers but also company splits and all other cases where business is transferred.
Article 15 (Severability)
Even if any provision of these Terms or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions of these Terms and the remaining parts of provisions determined to be partially invalid or unenforceable shall continue to remain in full force and effect.
Article 16 (Governing Law and Jurisdiction)
- These Terms shall be governed by Japanese law.
- For any disputes between Users and Developer regarding the App or the Service, the district court or summary court having jurisdiction over Developer's address shall be the exclusive agreed jurisdictional court of first instance.
Developer: Sho Fujimoto