利用規約
This agreement sets forth the terms and conditions for the use of the AI image generation service called 'Artist AI' provided by Source Next Corporation (hereinafter referred to as 'the Company'). Please use this service after agreeing to these terms.
Article 1: Definitions
The following terms used in this agreement shall have the meanings ascribed to them below.
1. 'This Agreement' refers to the Artist AI Terms of Service.
2. 'This Service' refers to the image generation service licensed by the Company from RICHDALE VENTURES LLC.
3. 'AI' refers to Artificial Intelligence.
4. 'Utilization Service' refers to the service utilizing the AI model licensed from RICHDALE VENTURES LLC for image processing.
5. 'Service Utilization Agreement' refers to the terms of service provided by RICHDALE VENTURES LLC (https://www.artistai.jp/terms-of-service).
6. 'This Contract' refers to the contract for the use of this service based on this agreement between the user and the Company.
7. 'Compatible Environment' refers to the environment specified by the Company as necessary for using this service, including terminals and OS.
8. 'Content' refers to the outcome generated by the user through this service.
9. 'Processed Content' refers to images processed or edited by the user from the content.
10. 'Content, etc.' refers to the collective term for content and processed content.
11. 'The Company's Website' refers to the website operated by the Company with the domain 'https://www.sourcenext.com' (including the website with the domain or content changed for any reason).
12. 'Applicant' refers to the person who applies for the use of this service in the manner specified by the Company.
13. 'User' refers to the person who has entered into this contract with the Company based on this agreement.
Article 2: Grant of Use of This Service
1. This service aims to allow users to generate content corresponding to the service category specified by the Company by using the AI image generation function provided by the Company and inputting text prompts, etc., and to use the content, etc. within the scope of the category.
2. When using this service, the applicant shall apply for use in accordance with Article 3 (Notes on Fees, etc.) of this agreement. By making such an application, the user is deemed to have agreed to this agreement.
3. The Company grants the user a non-exclusive, non-transferable license to use this service in accordance with this agreement.
4. The license granted to the user under this agreement is valid only for one user. Use of this service by multiple individuals is prohibited in any form.
5. The user may use this service only on their own computer or other devices.
6. The user may use this service to generate content and perform image processing and editing within the scope of personal use (excluding use for economic benefit, such as selling images created using this service), excluding the prohibited uses specified in Article 7.
7. The user agrees to use this service in the compatible environment specified by the Company, and acknowledges that some or all of this service may not be available in environments other than the compatible environment, and that the Company may change the compatible environment without prior notice.
8. The Company may change or add functions of this service at any time based on its own judgment.
Article 3: Notes on the Use of This Service
1. The following provisions apply to the use of this service and the content and processed content generated by the user.
(1) This service is provided based on the service utilization agreement provided by RICHDALE VENTURES LLC.
(2) The user must be at least 13 years old to use this service.
(3) The user may not use this service in the manner prohibited by Article 7.
(4) The user may not use this service in a manner that violates the terms of use specified in this agreement and the service utilization agreement.
(5) The user must carefully consider the potential physical, emotional, mental, economic, and reputational harm that the content, etc. may cause to other users before using the content, etc.
2. The user agrees that the Company and RICHDALE VENTURES LLC may store the user's prompts or content in certain cases. The user also acknowledges and agrees that the Company and RICHDALE VENTURES LLC may disclose the user's input prompts and content in cases where it is reasonably necessary for the following purposes:
(1) To comply with legal processes, applicable laws, or government requests.
(2) To enforce this agreement.
(3) To respond to claims that the content, etc. infringes on the rights of a third party.
(4) To protect the rights, property, or personal safety of the Company, RICHDALE VENTURES LLC, and their officers, employees, directors, shareholders, licensors, service providers, agents, and the general public.
3. The user agrees that the Company and its affiliates may use the user's content and related metadata (such as image specifications, seeds, and text prompts) for the development and improvement of the service.
4. The user guarantees that the user's use of the content, etc. does not violate applicable laws, third-party intellectual property rights, this agreement, or the service utilization agreement, and assumes all responsibility for the content, etc.
Article 4: Notes on Fees
1. The user can use this service by applying for the use of this service on the page specified by the Company and paying the usage fee (hereinafter referred to as the 'usage fee') according to the plan. The user can use this service.
2. For details on the fee plan, please refer to the page on this service on the Company's website.
3. For each plan purchased by the user, the number of contents that the user can generate using this service is determined. The user is granted credits necessary for generating content according to the purchased plan.
4. The user cannot cancel or redo the use of the service without additional consumption of credits for the content generated using credits.
5. Except for cases where the Company is responsible, the Company does not refund the usage fee received from the user.
Article 5: Suspension of This Service
1. The Company may suspend, interrupt, change, or terminate (hereinafter referred to as 'suspension, etc.') all or part of this service without prior notice to the user in the following cases.
(1) If the Company or RICHDALE VENTURES LLC suspends, etc. any of the utilization services related to this service.
(2) If the Company performs periodic or emergency maintenance on the computer system related to this service.
(3) If the computer, communication line, etc. fails due to an accident.
(4) If the Company is unable to operate this service due to force majeure such as fire, power outage, epidemic, natural disaster, etc.
(5) If the Company determines that suspension, etc. is necessary for other reasons.
2. The Company may suspend, etc. the provision of this service at its discretion, and if the Company decides to terminate this service, this contract will automatically terminate on the day the service is terminated.
3. The Company will endeavor to give reasonable notice to the user regarding suspension, etc., but may suspend, etc. without notice in cases where it is necessary to comply with laws, protect legal rights, prevent or mitigate the misuse or unauthorized use of the service, or respond to or prevent emergencies.
4. In the cases of the preceding three items, the user will lose the unused credits for this service.
5. The Company shall not be liable for any damages incurred by the user as a result of the measures taken by the Company based on this article.
Article 6: Burden of Equipment
1. The user is responsible for preparing and maintaining the necessary equipment, such as smartphones, tablets, computers, software, and communication environments, to receive this service.
2. The user is responsible for taking security measures, such as preventing computer virus infections, unauthorized access, and information leakage, at their own expense and responsibility, according to their usage environment of this service. The Company does not involve itself in the user's usage environment or security measures for this service, and does not assume any responsibility.
Article 7: Prohibited Uses
1. The Company prohibits the user from engaging in the following acts regarding this service and the content, etc.
(1) Violating this agreement, the service utilization agreement, or other policies applicable to this service.
(2) Using this service beyond the scope of the permitted use under this agreement and the service utilization agreement.
(3) Redistributing, re-licensing, reproducing, selling, lending, renting, distributing, or transmitting the content, etc.
(4) Using this service for the purpose of selling calendars, personalized calendars, postcards, clear files, T-shirts, stationery, mugs, fans, and other miscellaneous goods.
(5) Using the content, etc. in video works, video content, TV programs, movies, web videos, promotional videos, etc.
(6) Using the content, etc. as an image character for a company, organization, etc.
(7) Using the content, etc. to represent a company's logo or corporate philosophy.
(8) Using the content, etc. as an image symbolizing a company's products or services.
(9) Using this service for commercial purposes (except for cases where the user, being a company or other organization, uses this service to send or distribute greeting cards, etc. to its customers or business partners).
(10) Including highly confidential personal information about oneself or others (such as phone numbers, addresses, health information, social security numbers, driver's license numbers, or other account numbers).
(11) Infringing on the privacy, publicity rights, or other rights of a third party.
(12) Promoting or encouraging criminal activities or providing guidance information for illegal activities.
(13) Creating or sharing content, etc. that is obscene, indecent, or harmful to minors, or that promotes or glorifies violence, or that may be considered to be harmful or offensive by a reasonable person.
(14) Creating or sharing content, etc. that may be harmful or offensive to children, or that directly or indirectly exploits, harms, or endangers children.
(15) Creating or sharing content, etc. that is discriminatory, defamatory, harassing, threatening, embarrassing, or harmful to individuals or groups based on race, ethnicity, nationality, religion, gender, age, disability, or other characteristics.
(16) Using this service to stalk, harass, abuse, mock, intimidate, defame, threaten, or otherwise harm specific individuals or groups.
(17) Infringing on the Company's or third parties' intellectual property rights, including copyright, patent rights, utility model rights, design rights, trademark rights, and other rights.
(18) Creating or sharing content, etc. that is illegal, intentionally misleading, or otherwise inappropriate, or that may cause harm to others.
(19) Uploading data, programs, software, etc. that contain viruses, worms, spyware, Trojan horses, or other malicious code designed to disrupt or damage the service or compromise its availability.
(20) Disrupting or interfering with the service or the servers or networks connected to the service.
(21) Using this service in a manner that intentionally circumvents the Company's intended use or access methods.
(22) Using this service in a way that may damage the image of this service or the content, etc.
(23) Using this service for fully automated decision-making that may have a negative impact on individuals, or for medical advice or interpretation of medical results, or for predicting criminal behavior, etc.
(24) Using this service in violation of applicable domestic, federal, state, local, international laws, or regulations.
2. Even if the user does not have malicious intent, or if the content does not violate the above prohibitions, if the Company or RICHDALE VENTURES LLC determines that the prompt or the image displayed is excessively explicit, unpleasant, insensitive, or harmful to individuals, the Company may blur specific content. The Company or RICHDALE VENTURES LLC may also block or delete content that the Company or RICHDALE VENTURES LLC deems inappropriate, or content that, in the reasonable judgment of the Company or RICHDALE VENTURES LLC, may cause harm or liability to the Company or RICHDALE VENTURES LLC or others.
Article 8: Ownership of Rights
All ownership and intellectual property rights related to the Company's website, this service, and the content, etc. belong to the Company, RICHDALE VENTURES LLC, and other third parties licensed by the Company or RICHDALE VENTURES LLC. The license to use this service granted under this agreement does not imply the transfer or license of such intellectual property rights except as explicitly stated in this agreement.
Article 9: Feedback
The user may provide comments, suggestions, and recommendations (hereinafter referred to as 'feedback') regarding this service to the Company. In such cases, the intellectual property rights related to the feedback provided by the user belong to the user who provided the feedback, but are deemed to be transferred or waived to the Company upon provision, and the Company may use them without any compensation.
Article 10: Support
The Company provides support services for this service in accordance with the Source Next Product Support Policy (https://www.sourcenext.com/terms/support/).
Article 11: Termination and Measures in Case of Violation
1. The Company may, without prior notice or demand, temporarily suspend the user's use of this service or terminate this agreement if the user falls under any of the following reasons:
(1) Violation of any provision of this agreement or the service utilization agreement.
(2) Using this service for purposes or methods that may cause damage to the Company, other users, or other third parties.
(3) Disrupting the operation of this service by any means.
(4) If the user becomes unable to pay, becomes insolvent, or a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or similar proceedings is filed.
(5) If the user has received a dishonored disposition for a bill or check issued or accepted by the user, or if the user has received a trading suspension disposition from the bill exchange office or other similar measures.
(6) If a petition for attachment, provisional attachment, provisional disposition, forced execution, or auction has been filed.
(7) If a disposition for non-payment of taxes or public dues has been received.
(8) If there has been no use of this service for more than 6 months and there has been no response to the Company's contact.
(9) If the user's use of the server is determined to be made by a specific user in a manner, frequency, or frequency that the Company did not anticipate.
(10) If the user has violated the terms of use of other products and services provided by the Company.
(11) If the user's continued use is deemed inappropriate by the Company in accordance with the preceding items.
2. If the user falls under any of the reasons in the preceding paragraph, the user shall lose the benefit of the term for all debts owed to the Company and shall immediately pay all debts to the Company.
3. The Company shall not be liable for any damages caused to the user by the Company's actions under this article.
Article 12: Disclaimer
1. This service is provided as is and available. Except as prohibited by law, the Company does not make any warranties (express, implied, statutory, or otherwise) regarding this service or the content, etc. The Company disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment.
2. The Company does not guarantee that (A) this service will meet the user's requirements, (B) this service will be uninterrupted, timely, secure, and error-free, and (C) the results obtained from the use of this service will be accurate and reliable.
3. The user is responsible for investigating, at their own expense and responsibility, whether the use of this service by the user complies with the laws and regulations applicable to the user, including but not limited to industry group internal rules, and the Company does not guarantee that the user's use of this service complies with the laws and regulations applicable to the user.
4. The Company is only responsible for this service and the content, etc. to the extent specified in this agreement. The Company does not assume any responsibility beyond what is specified in this agreement, including but not limited to non-performance of obligations, tort liability, and other liability.
5. The Company does not guarantee that this service or the content, etc. does not infringe on the intellectual property rights of third parties. If a claim or lawsuit is filed by a third party alleging infringement of intellectual property rights, including but not limited to copyright, patent rights, utility model rights, design rights, trademark rights, and other rights, the Company does not assume any responsibility. The Company will, however, make reasonable efforts to resolve the issue promptly.
6. The Company is not liable for any damages, losses, or other disadvantages arising from the user's use of this service or the content, etc.
7. The Company is not involved in any transactions, communications, or disputes that may arise between the user and third parties in connection with this service or the content, etc., and the Company does not assume any responsibility. If the Company becomes involved in such matters, the user shall compensate the Company for any damages and expenses (including but not limited to attorney's fees) incurred.
8. The Company does not assume any responsibility for damages or expenses incurred by the user due to the Company's suspension, termination, or modification of this service, or the user's inability to use this service, including but not limited to data loss or equipment damage.
Article 13: Limitation of Liability
1. Even if the user suffers damage due to reasons attributable to the Company regarding this service or the content, etc., the Company shall only be liable for damages if the Company has intent or gross negligence. In such cases, the scope of the Company's liability for damages shall not exceed the amount equivalent to the sales price of this service, and the Company shall not be liable for damages such as consequential damages, indirect damages, special damages, future damages, and lost profits.
2. If the provisions of this agreement regarding the Company's exemption or limitation of liability are deemed invalid or inapplicable by law, the Company's liability for damages shall be limited to ordinary damages, and the upper limit of the damages shall be the total amount of the service fees actually received from the user over the past 12 months from the time the damage occurred. The user agrees and acknowledges that the Company will not provide this service if the user does not agree to this upper limit.
Article 14: Governing Law and Jurisdiction
1. This agreement shall be interpreted in accordance with Japanese law.
2. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Article 15: Waiver and Severability
The failure of the user to comply with any part of these Terms and Conditions does not mean that the Company waives its rights under these Terms and Conditions. If any part of these Terms and Conditions is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining parts of these Terms and Conditions shall be enforced to the maximum extent permitted by law.
Article 16: Prohibition on Assignment of Contractual Status
1. The user may not assign, transfer, pledge, or otherwise dispose of its status or rights and obligations under these Terms and Conditions to a third party without the prior written consent of the Company.
2. If the Company transfers its business related to this service to a third party, the Company may transfer its status, rights, and obligations under these Terms and Conditions, as well as the user's user information and other customer information, to the transferee of such business transfer. The user hereby agrees to such transfer in advance. Note that the business transfer referred to in this article includes not only ordinary business transfers but also any case where the business is transferred, such as company splits.
Article 17: Communication and Notification
1. By entering into this agreement, the user agrees to comply with the Company's privacy policy (https://www.sourcenext.com/privacy/policy/) and the privacy policy provided by RICHDALE VENTURES LLC (https://www.artistai.jp/privacy-policy), and to the handling of the user's personal information by the Company or RICHDALE VENTURES LLC.
2. Any inquiries or other communications from the user to the Company, as well as any notifications from the Company to the user regarding changes to these Terms and Conditions, shall be made in the manner specified by the Company.
3. If the Company sends a notification email to the user's registered notification address and it fails to reach the user due to circumstances on the user's side (including but not limited to email rejection settings or changes to the email address), the Company shall be deemed to have given the user such notification at the time of sending.
4. In the cases referred to in the preceding two paragraphs, if the user suffers any damage due to not being able to receive the notification from the Company, the Company shall not be liable for any damages.
Article 18: Scope and Changes of Terms
1. These Terms and Conditions constitute the entire agreement between the Company and the user regarding the use of this service, and supersede any prior oral or written agreements between the Company and the user.
2. The Company may change the content of these Terms and Conditions for a valid reason, such as changes in social conditions, economic conditions, tax laws, or the circumstances of the provision of this service. If changes are made, the Company will notify the user by posting the revised content on the Company's designated website or by other means, and the revised Terms and Conditions will apply after a reasonable period has elapsed.
3. If the user does not agree to the revised Terms and Conditions, the Company may suspend the user's use of this service in accordance with the method specified by the Company. However, changes to these Terms and Conditions apply to existing Terms and Conditions, and if the user continues to use this service after the changes, the user is deemed to have agreed to the revised Terms and Conditions.
Article 19: Exclusion of Antisocial Forces
The user declares that it does not fall under the category of antisocial forces (organized crime groups, members of organized crime groups, those who have ceased to be members of organized crime groups within the past five years, quasi-members of organized crime groups, companies related to organized crime groups, and other similar individuals), and that it will not engage in violent, fraudulent, or obstructive activities.
Article 20: Consultation and Resolution
In the event of any dispute or uncertainty arising out of or in connection with these Terms and Conditions, the Company and the user shall resolve the matter through good faith negotiations.
Source Next Corporation