This Terms of Use (the “Terms”) are the conditions of use for “Fotographer.ai (API)” (the “System”) established by Fotographer AI Co., Ltd., (the “Company”) the operator of the System, a web system that automatically generates product photos using AI technology. The User shall be obliged to comply with the Terms when using the System.

Article 1 (The Definitions of Terms)

1.    The definitions of terms in the Terms are as follows.

(1)  “The Company” means Fotographer AI Co., Ltd., which operates the System.

(2)  “The User” means any person who uses the System.

(3)  “User Services” means services such as applications and web services built using the System (including newly generated AI and SaaS platforms for the User's business).

(4)  “Object Image” means the template image registered by the Company in advance on the System.

(5)  “AI content” means any data created by the User using the System.

(6)  “Pricing Plan” means the plan determined by the Company for the use of the System by the User.

(7)  “Plan Details” mean the scope of use of the System, the purchase price of the credits required for such use, the service content, and the method of use, etc., as determined by the Company for each plan.

(8)  “Fee” means the fee set forth in each Pricing Plan.

(9)  “The Site” means the website on which the Company provides general guidance, acceptance, provision, and operation of the System.

(10) “Privacy Policy” means the personal information handling policy established by the Company regarding the System.

2.    The User's consent to the Terms shall be made not only at the time of the first use of the System, but also at each use.

Article 2 (Account Registration)

1.    On the account registration screen of the Site, the User shall agree to the contents of the Terms and the Privacy Policy and register an account to use the System by the method prescribed by the Site or by social login using the SNS account designated by the Company.

2.    The Company shall be able to refuse the account registration if the Company determines that the User falls under any of the following and shall not be obligated to disclose the reason for the refusal;

①    if there is a fact of violation of the Terms,

②    if the User does not agree to the Terms or the Privacy Policy,

③    if the User have violated the agreement with the Company in the past and the agreement has been terminated,

④    in the event that all or part of the application information or registration information is false,

⑤    when the Company determines that there is a risk of falling under the antisocial forces stipulated in the Terms,

⑥    when the Company determines that the User lacks suitability as a user of the System, and

⑦    in addition to the preceding items, when there is a reasonable reason for the Company to refuse registration and the Company decides to do so.

3.    The User shall strictly manage the e-mail address and password as the login ID to the System, and shall not lend, transfer, change the name, set up collateral, etc. to a third party other than the User. The User shall be responsible for all damages caused as a result of the use of the e-mail address or password by a third party due to the intention or negligence of the User, and the Company shall not be liable for it.

Article 3 (Functions of the System)

1.    The User may use the System to the extent necessary for the construction of the User Services using pre-purchased credits in accordance with the Plan Details.

2.    In addition to the preceding paragraph, the User may be supported and use services from the Company to the extent specified in the Plan Details.

3.    The Company reserves the right to change, add, or terminate the functions of the System, the scope of use, the contents of support, and services set forth in the preceding paragraphs at any time without any special notice or announcement.

4.    The Company shall not be obligated to store or restore any AI content that is deleted by the User oneself or deleted due to the deletion of account registration.

Article 4 (Pricing Plan)

1.    The User may use the System by using credits purchased in advance at the purchase price set forth in the Pricing Plan or may be supported and use services in accordance with the content and methods set forth in the plan. Furthermore, the Company may change, add, or terminate the Pricing Plan at any time in the future by publicly announcing such change in advance on the Site.

2.    The User shall apply for the use of each plan by the method prescribed by the Site or by the method specified by the Company. When the Company accepts this application, the usage agreement for the plan (the “Service Agreement”) shall be established.

3.    At the time of the establishment of the Service Agreement, the User shall be able to use the System with the Plan Details by settling the Fee set in the Pricing Plan. The payment method of the Fee shall be credit card payment through a settlement agency designated by the Company.

4.    The User may cancel the Service Agreement for the future by following the procedures prescribed by the System. However, as a general rule, the User may not cancel the Service Agreement once it has been concluded with the exemption of the Fee incurred from the time the Service Agreement is established. In addition, even if unused credits remain at the time of such cancellation, the Company shall not be obligated to refund the Fee once received, except in cases where the User cannot use the System due to the Company's willful misconduct or gross negligence.

5.    The Company shall be able to conclude the Service Agreement with the User with contents different from the provisions of this Article by separately agreeing with the User.

Article 5 (Copyright of Object Images)

1.    The copyright of the Object Image shall belong to the Company or a third party who has licensed the use of the Object Image to the Company.

2.    The Company shall grant the User the right to use the Object Image within the scope of the purpose for which the User uses the Company's services.

Article 6 (Copyright)

1.    The copyrights of the System, the Object Image, and the Site belong to the Company. The Company shall grant these non-exclusive licenses and usage rights to the User to the extent necessary for the User to use the System for building the User Services, and then using it for the User's own business.

2.    The copyright of the AI content shall belong to the User at the time the User uses the System and generates it.

3.    Notwithstanding the provisions of the preceding paragraph, the copyright of the copyrighted work included in the AI Content that was previously owned by the Company or a third party shall be reserved by the Company or a third party. With regard to these reserved rights, to the same extent as in Paragraph 1, the Company grants the User a non-exclusive license and the right to use them.

4.    The Company shall be able to freely use AI content only with the prior consent of the User and to the extent necessary for the improvement of the System.

Article 7 (Other Intellectual Property Rights, etc.)

1.    The copyrights, trademarks, and other intellectual property rights “Intellectual Property Rights of Users, etc.”) related to copyrighted works such as content of the Users or third parties that are incorporated or used in conjunction with the System when the User uses the System for the construction of the User Services. It belongs to the User or the third party and will not be transferred to the Company.

2.    In the event that the User incorporates or uses the Intellectual Property Rights of Users, etc. in the preceding paragraph in conjunction with the System, the User shall do so at the User's own responsibility and expense. Furthermore, the User understands that such use is an act based on the User's own judgment, and in the event that any trouble or dispute (including with the Company) arises between the User and a third party who claims that their rights have been infringed as a result of such use, the User shall resolve such at the User's own responsibility and expense.

3.    3. If the Company incurs any damages, losses, or expenses (including attorney's fees “Damage, etc.”) arising out of or in connection with the trouble or dispute set forth in the preceding paragraph, the User shall compensate the Company for such Damage, etc.

Article 8 (Prohibited Matters)

1.    The User shall not download the AI content by any method other than the download method prescribed by the System.

2.    The User shall not perform any of the following acts.

①    Acts that violate the Terms,

②    Acts of transferring, lending, selling, sharing with a third party, or transferring the right to use the System,

③    Acts that infringe or may infringe intellectual property rights such as copyrights of the Company (acts of imitating, reproducing, modifying, reprinting, quoting, posting on SNS or other media, publicly transmitting, making transmittable, uploading, renting, screening, or broadcasting various contents related to the System, and the act of storing or storing on a medium other than the System without prior permission etc., this includes, but is not limited to.),

④    Acts of sabotage of the System,

⑤    Acts that Modifying, editing, processing the System or separating parts of the program beyond the scope authorized by the Company,

⑥    Acts that interfere with the server or network of the System,

⑦    Acts of illegally manipulating the System by using bots, cheat tools, automated systems, or other technical means, or acts of circumventing the usage restrictions set forth in each plan, or using the System beyond the level approved by the Company,

⑧    Intentional use of malfunctions of the System,

⑨    Acts of impersonating a third party to use the System,

⑩    Acts that slander the Company or its affiliates (including the Company's officers, employees, business partners, other users, etc., and the same applies hereinafter) or that damage the honor or credibility of the Company,

⑪    Acts of repeatedly asking the same questions to the Company, making unreasonable demands such as requests that exceed the limits set forth in each plan, and other acts that place a load on the server of the System by the Company or interfere with the operation of the System, and

⑫    Other inappropriate acts as determined by the Company.

3.    In the event that the User commits any of the prohibited acts in each item in the preceding paragraph, the Company shall not only delete the User's account, but also prohibit the use of the System, and may claim compensation for any damages incurred by the Company as a result of such acts.

Article 9 (Interruption and Termination of the System)

1.    In the event of any of the following, the Company may suspend the provision of all or part of the System without prior notice to the User.

①    When performing maintenance, maintenance, renovation, etc. of the System,

②    When it becomes difficult to provide the functions of the System due to reasons not attributable to the Company, such as fire, power outage, natural disaster, war, riot, etc.,

③    In the event of a failure or malfunction of the System,

④    When the load on the System is concentrated,

⑤    In case of emergency, and

⑥    In addition to those stipulated in the preceding items, when the Company reasonably deems it necessary.

2.    The Company shall be able to terminate the operation of the System by notifying the User in advance or announcing it on the Site.

3.    The User acknowledges in advance that the Company may not be able to respond to requests from the User that exceed the limits set forth in each plan, and that in this case, the Company may temporarily suspend the use of the System until the User pays the Fee charged for complying with such request.

Article 10 (Disclaimer)

1.    The Company does not guarantee the completeness, validity, usefulness, legality, accuracy, or conformity of the User's expectations with the AI content created on the System, the User Services or these proposals.

2.    The User shall use a communication device such as a PC (the “Device”) necessary for the use of the System. The setting of the communication environment, internet connection service, and other environmental maintenance shall be carried out at the responsibility and expense of the employee. In addition to the cases specified in the Terms, the Company shall not be liable for any inability to use or malfunction due to the inability to maintain or connect the Device or communication environment.

3.    The Company shall not be liable for any damages incurred by the User due to computer virus infection of the User's Device.

4.    The Company shall not be liable for any inability of the User to use the System or each content normally due to the performance of the User's Device, OS, browser, installed application, etc.

5.    The Company shall not be liable for any failure of the User to use the System or the contents normally due to changes in the User's Device, updates to the OS or browser, etc.

6.    The Company shall not be liable for any damages incurred by the User as a result of the use of the System, except in cases of willful misconduct or gross negligence of the Company.

7.    The provisions that exempt the Company from liability stipulated in this Agreement shall not apply in the event of willful misconduct or gross negligence on the part of the Company. In addition, even if any part of the provisions of this agreement is invalid, canceled, or suspended under the Consumer Contract Act, the Civil Code, or other laws and regulations, the remaining part shall continue to be in full force and effect.

8.    Even if the Company is liable for damages under the Company's responsibility, the Company shall not be liable for compensation for damages caused by lost profits or other special circumstances and shall be liable to the extent of damages that should normally occur. In this case, the number of damages shall be limited to the total amount of fees actually received by the Company from the User in the Paid Agreement based on the Terms regarding the use of the System between the User and the Company.

Article 11 (Elimination of Anti-Social Forces)

1.    The User shall not be a member of an organized crime group, a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer or other social movement advocate or a special intelligence organized crime group, or any other equivalent person (“Anti-Social Forces”), and represent that it does not fall under any of the following items, and we promise that it will not fall under any of the following items in the future.

①    Having a relationship in which Anti-Social Forces are recognized as controlling management,

②    Having a relationship in which Anti-Social Forces are recognized as substantially involved in management,

③    Having a relationship that is recognized as unfairly using Anti-Social Forces, such as for the purpose of making an unfair profit for oneself, one's own company, or a third party, or for the purpose of causing damage to a third party,

④    Having a relationship that is recognized as being involved in providing funds, etc., or providing benefits to Anti-Social Forces, and

⑤    An officer or a person who is substantially involved in management has a socially reprehensible relationship with Anti-Social Forces.

2.    The User promises not to engage in any of the following acts against the Company or its affiliates by oneself or by using a third party.

①    Violent demands,

②    Unreasonable demands that exceed legal responsibilities,

③    Acts of using threatening language or violence in connection with the use of the System, and

④    Acts that spread rumors, use fraudulent means or force to damage the credibility of the Company or its affiliates, or interfere with business operations.

Article 12 (Assignment of Rights and Obligations)

1.    The User shall not transfer all rights and obligations under the Terms to a third party.

2.    In the event that the Company transfers the business of the System to a third party, the Company may transfer the contractual status, the User’s information, and other information based on the Terms to the transferee, and the User shall be deemed to have consented in advance without objection.

Article 13 (Confidentiality)

1.    In the event that the User learns confidential information that the Company has not disclosed to the public as a result of the use of the System, the User shall not leak or disclose it to a third party (including publication on SNS, etc.).

2.    When using the System, the User shall be responsible for any information related to the API key disclosed or obtained by the Company (“API Information”). It shall also be treated as confidential information as described in the preceding paragraph. The User shall strictly manage the API Information and use it only within the scope permitted by the Company. The User shall not lend, transfer, sublicense, share with a third party, publicly transmit including making it transmittable, distribute, or dispose of the API Information to a third party other than the User. The User shall be responsible for any damages incurred as a result of the User's willful or negligent use of API Information by a third party, and in this case, the Company shall be able to claim damages from the User. In addition, if such a fact is discovered, the User acknowledges in advance that the Company may take measures to suspend the use of the System.

Article 14 (Personal Information)

The Company shall handle the personal information of the User in accordance with the Privacy Policy.

Article 15 (Revision of the Terms and Application after Change)

The Company reserves the right to revise the Terms at its discretion. In the event of revision of the Terms, the Company will notify the User in advance or announce it on the Site. In the event that the User uses the System after the effective date of the amended the Terms, the User shall be deemed to have agreed to the change.

Article 16 (Contract)

The Company and the User shall consult in good faith and attempt to resolve any matter not stipulated in the Terms or any matter that raises doubts about the interpretation of the provisions of the Terms.

Article 17 (Language, Governing Law, Jurisdictional Agreement, Standard Time)

1.    The official text of the Terms shall be Japanese.

2.    The Terms shall be construed in accordance with the laws of Japan.

3.    Any and all disputes arising between the User and the Company shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance, depending on the amount of the complaint.

4.    The date and time used in the System are based on the date and time in Japan.

Revised on November 30, 2024