Terms of Service

These Terms of Service (hereinafter referred to as "these Terms") set forth the conditions for the use of the mobile application "TryOn" (hereinafter referred to as "this App") provided by me, Sho Fujimoto (hereinafter referred to as the "Developer"). Users who install or use this App (hereinafter referred to as "Users") are requested to read these Terms carefully and use this App only after agreeing to them.

Article 1 (Application of Terms)

These Terms define the conditions of use for all services provided through this App (hereinafter referred to as "this Service") and the rights and obligations between the Developer and Users. They apply to all relationships concerning the use of this Service between Users and the Developer.
Rules and provisions regarding the use of this Service posted by the Developer in this App or on the Developer's website shall constitute a part of these Terms.
If you do not agree to these Terms, Users must uninstall this App and discontinue its use. By starting to use this App, you are deemed to have agreed to these Terms.

Article 2 (Definitions)

The following terms used in these Terms shall have the meanings defined below: (1) "This Service" means the image try-on service using generative AI and all other functions provided by the Developer through this App. (2) "User" means an individual who installs or uses this App after agreeing to these Terms in accordance with Article 1. (3) "Authentication Information" means information such as email addresses and passwords registered for using this App, or account information from external services such as Google accounts and Apple IDs. (4) "Input Data" means model images, clothing images, and all other image data that Users select and send when using this Service. (5) "Generated Data" means try-on images and other information generated by this Service (primarily generative AI) based on Users' Input Data. (6) "Points" means units usable within this App that are necessary to use the try-on function of this Service. (7) "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to acquire such rights or to apply for registration of such rights).

Article 3 (Eligibility and Registration)

This App can 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 the Developer (4) Minors who have obtained consent from their legal guardians (5) Those who are 13 years of age or older
When registering information about themselves when using this Service, Users must provide true, accurate, and complete information.
The Developer may refuse registration and re-registration if the User falls under any of the following items, and has no obligation to disclose any reason: (1) If all or part of the registration information provided to the 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 guardian, guardian, curator, or assistant (3) If the Developer determines that the person is or is involved with anti-social forces (meaning organized crime groups, organized crime group members, right-wing organizations, anti-social forces, and other equivalent persons) (4) If the Developer determines that the person has violated a contract with the Developer in the past or is related to such a person (5) In other cases where the Developer deems registration inappropriate

Article 4 (Changes to Registration Information)

If there are changes to the registered information, Users shall notify the Developer of such changes without delay by the method prescribed by the Developer. The Developer bears no responsibility for any damage caused to Users due to failure to do so.

Article 5 (Management of Account Information)

Users shall strictly manage and store the Authentication Information registered for using this App at their own responsibility.
If Authentication Information is lost or becomes inaccessible, Users may not be able to log in to this App and may lose access to purchased Points.
When using external services (Google account, Apple ID, etc.) for account registration, Users shall use them at their 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, the Developer shall not be responsible in principle, except in cases attributable to the Developer.

Article 6 (Prohibited Acts)

Users shall not engage in the following acts when using this 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
Impersonating others
Collecting personal information of others through fraudulent means
Providing false information
Transferring or lending App account information to third parties
Spam activities (repeated posting of the same content, excessive advertising, or redirecting to other sites)
Acts that place an excessive burden on the servers or network systems of this Service or interfere with their functions
Acts that interfere with or may interfere with the operation of this Service
Accessing the Service through unauthorized methods without using the official interface provided by this App
Directly or indirectly providing benefits 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 this Service, the Developer, or third parties (particularly including using photos or images containing copyrighted works that can identify individuals without permission from others)
Generating, posting, or sending inappropriate content such as:
- Generation of try-on images containing nudity or sexually explicit expressions
- Excessively violent expressions
- Expressions that lead 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
- Generation of try-on images that violate public order and morals
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 other similar acts on software used in this Service
Other acts that the Developer deems inappropriate, equivalent to the above items

If the Developer determines that a User's actions fall under any of the above, the Developer may take measures such as deleting the relevant content, temporarily suspending use of this Service, or suspending or deleting the account without prior notice. The Developer has no obligation to disclose reasons for these measures.

Article 7 (Point System)

In this App, Users need to purchase Points to use the image try-on function.
The price of Points is based on 10 Points for 100 Japanese yen, but may be changed at the Developer's discretion. Additionally, pricing may differ in other currencies due to exchange rates and other factors.
Points can only be used within this App and cannot be exchanged for cash, transferred to other users, or used in other services.
One Point is consumed per image try-on. Consumed Points will not be refunded regardless of the generation results.
Points are purchased through the app store used by the User (App Store, Google Play Store, etc.). Purchase procedures shall be conducted according to the methods prescribed by each app store.
Purchased Points have no expiration date, but Points may expire in the following cases:
- When the account is deleted
- When the account is suspended for violating these Terms
- When this Service is terminated
The Developer will not refund purchased Points for any reason, except where otherwise provided by law.
When changing devices resulting in a different OS, Point balances may not be transferable.

Article 8 (Intellectual Property Rights)

All intellectual property rights related to this App and this Service belong to the Developer or those who have licensed the Developer. The license to use this Service based on these Terms does not mean a license to use the intellectual property rights of the Developer or those who have licensed the Developer regarding this App or this Service.
Users represent and warrant to the Developer that they have the legal right to select and send Input Data and that the Input Data does not infringe on the rights of third parties.
The copyright of Input Data (model images, clothing images) belongs in principle to the User or the original rights holder. The Developer temporarily uses Input Data only to the extent necessary to provide this Service (try-on image generation processing), but does not collect, store, or reuse this information.
The copyright of Generated Data (try-on images) has a composite nature derived from both the copyright holder of the Input Data and the generative AI technology provided by the Developer. Users may use Generated Data only for personal use purposes within the scope of compliance with these Terms and related laws.
If Users wish to use Generated Data for commercial purposes, they must obtain prior written permission from the Developer.
Users agree not to exercise moral rights against the Developer and those who have succeeded to or been licensed rights from the Developer regarding Input Data and Generated Data.

Article 9 (Changes, Suspension, and Termination of Service Content)

The Developer may change the functions and content of this App or temporarily suspend, stop, or terminate all or part of the provision without prior notice to Users.
The Developer may stop or interrupt the provision of all or part of this Service without prior notice to Users in any of the following cases: (1) When urgently performing inspection or maintenance work on computer systems related to this Service (2) When operation of this Service becomes impossible due to computer or communication line failures, operational errors, excessive access concentration, unauthorized access, hacking, etc. (3) When operation of this Service becomes impossible due to force majeure such as earthquakes, lightning, fires, storms and floods, power outages, and natural disasters (4) When it becomes difficult to provide the image try-on function due to service suspension by AI service providers (5) In other cases where the Developer deems suspension or interruption necessary
Even if this causes damage or disadvantage to Users, the Developer shall not be responsible except in cases of intent or gross negligence by the Developer.

Article 10 (Disclaimer)

The Developer does not explicitly or implicitly guarantee that this App and this Service are free from factual or legal defects (including defects related to safety, reliability, accuracy, completeness, validity, fitness for specific purposes, security, errors and bugs, and infringement of rights). In particular, Users understand and accept that Generated Data (try-on images) provided by this Service is generated by AI technology and may differ from actual wearing images.
The Developer makes no guarantees regarding the quality, accuracy, or appropriateness of Generated Data. Due to the nature of generative AI, consumed Points will not be refunded even if expected results are not obtained.
The Developer is not responsible in principle for any damage or disadvantage caused to Users arising from the use of this App. However, if the contract between the 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 this case, except for cases caused by the Developer's intent or gross negligence, the Developer's liability for damages shall be limited to the total amount of Point purchase fees paid by the User to the Developer up to the time of damage occurrence.
This App does not store image data selected by Users on servers. This information is only processed on the User's device or used temporarily. However, the Developer cannot be held responsible if information is leaked due to factors outside the Developer's control, such as the security status of the User's device or communication environment.

Article 11 (Handling of User Information)

The handling of User information by the Developer (including registration information, usage history, Point purchase history, etc., but as defined in Article 8, Paragraph 3 of these Terms, image data is not stored on servers) shall be governed by the Privacy Policy separately established by the Developer, and Users agree that the Developer will handle User information in accordance with this Privacy Policy.
The Developer may use and publish information and data provided by Users to the Developer as statistical information in a form that cannot identify individuals at the Developer's discretion, and Users shall not object to this.

Article 12 (Changes to Terms of Service)

The Developer may change these Terms as necessary.
The changed Terms of Service will be announced within this App or on the Developer's website. If Users use this App after the change, or if they do not raise objections within a certain period after the announcement, they are deemed to have agreed to the changed Terms. However, in cases where changes require User consent under law, the Developer will obtain User consent through methods prescribed by the Developer.
The Developer is not responsible for any damage or disadvantage caused to Users due to changes in these Terms.

Article 13 (Contact/Notification)

Inquiries about this Service and other communications or notifications from Users to the Developer, as well as notifications regarding changes to these Terms and other communications or notifications from the Developer to Users, shall be made by methods determined by the Developer (including but not limited to sending emails and posting in this App).
When the Developer contacts or notifies the email address or other contact information included in the registration information, the User is deemed to have received such contact or notification.

Article 14 (Assignment of Position in Service Usage Contract)

Users may not assign, transfer, provide as collateral, or otherwise dispose of their position in the usage contract or rights or obligations based on these Terms to third parties without the prior written consent of the Developer.
If the Developer transfers the business related to this Service to another company, the Developer may transfer the position in the usage contract, rights and obligations based on these Terms, and User registration information and other customer information to the transferee of such business transfer, and Users hereby consent in advance to such transfer in this paragraph. The business transfer defined in this paragraph includes 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 be fully effective.

Article 16 (Governing Law and Jurisdiction)

The interpretation of these Terms shall be governed by Japanese law.
In the event of a dispute between Users and the Developer regarding this App or this Service, the district court or summary court having jurisdiction over the Developer's address shall be the exclusive agreed jurisdictional court of first instance.

Developer: Sho Fujimoto