This Terms of Use (the “Terms”) are the conditions of use for “Fotographer.ai (Web app)” (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)  “Target Product Photos” mean image data of the products registered by the User on this site (“Target Products”).

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

(5)  “AI content” means as a result of the User uploading the Target Product Photos to the System, entering information such as background image and concept, and executing the System, the Target Product Photos and the Object Image are automatically combined by AI technology to generate a unique product image “AI scene” and an image generation function using AI technology “AI Photo”, a function for creating text content such as blogs and e-mail magazines using AI “AI Writer”, and a licensing function for AI models (people) “AI Agency”, and data created using all services and services.

(6)  “Pricing Plan” means the plan determined by the Company for the use of the System by the User. There are the pricing plans: free and paid.

(7)  “Plan Details” mean refers to the maximum number of monthly AI content downloads, support contents, methods, etc. set by the Company for each the Pricing Plan.

(8)  “Monthly Fee” means the monthly fee for the paid 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.    With regard to the Pricing Plan, the free plan set forth in Article 4 (1) shall be automatically applied upon account registration in the preceding paragraph. However, this does not apply if the Company allows the User to select a paid plan at the time of account registration in the future.

3.    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.

4.    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 shall be able to use the following functions when using AI content in accordance with the contents of the Pricing Plan.

(1)  Function to upload the Target Product Photos to the System in the manner prescribed by the System,

(2)  Ability to repeatedly create multiple ideas in the System using AI content,

(3)  Function to download confirmed data by the method prescribed by the System,

(4)  A function to store data in the server of the System during the account registration period or until the User deletes it,

(5)  Other functions introduced by the Company in each plan, and

(6)  Functions associated with the preceding items.

2.    The Company shall be able to change, add, terminate, etc. each function set forth in the preceding paragraph and the functions of the System at any time without special notice or announcement.

3.    The Company shall not be obligated to store or restore any data on AI Content that is deleted by the User oneself or by deleting the account registration.

Article 4 (Pricing Plan)

1.    The Pricing Plan shall be one of the following. The User shall be able to download AI Content within the range of the maximum number of monthly contents specified in the plan or be supported in accordance with the contents and methods specified in the plan. In addition, the Company shall be able to change, add, terminate, etc. the following plans for the future at any time by announcing them in advance on the Site.

(1)  Free Plan: free plan (automatically selected when registering as the User)

(2)  Starter: paid plan (selected by the User based on the next section)

(3)  Creator: paid plan (selected by the User based on the next section)

(4)  Enterprise: paid plan (set according to the standards prescribed by the Company based on the User's wishes)

2.    If the User wishes to use the System beyond the plan stipulated in the free plan, the User shall complete the procedure for changing to the paid plan in the manner prescribed by the System, and when the change procedure is completed, the User shall enter into the agreement for the use of the paid plan ( “Paid Agreement”) shall be established. The term of the Paid Agreement shall be set as the reference point at the time of conclusion of the agreement and up to one(1) minute before the reference point that comes one(1) month later ( “Expiration of the Paid Agreement period”).

3.    The User of the paid plan shall be able to use the System with the Plan Details set in the plan by settling the monthly fee set in the rate plan at the time of contract conclusion or automatic renewal. The payment method for the Monthly Fee shall be credit card payment through a payment agency designated by the Company.

4.    The User can cancel the Paid Agreement for the future by following the procedure prescribed by the System. However, that unless the User completes the cancellation procedure by the expiration of the Expiration of the Paid Agreement period, the Paid Agreement shall be automatically renewed until the expiration of the next Paid Agreement period, and the same shall apply thereafter.

5.    As a general rule, regarding the Paid Agreement that have already been established, the User cannot cancel with waiver of the Monthly Fee that occurs from the time the Paid Agreement is established. In addition, the Company shall not be obligated to refund the Monthly Fee once received, except in cases where the User cannot use the System due to the Company's willful misconduct or gross negligence.

6.    The Company shall be able to conclude the Paid Agreement with the agreement different from the provisions of Paragraphs 2 to 5 of this Article by separately agreeing with the User who uses the Enterprise (paid plan).

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 according to each plan.

2.    The copyright of the AI content shall belong to the User at the time the User downloads it by the method prescribed by the System.

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.

4.    The Company shall use freely and at no cost the AI content and proposals generated by the User in the System for AI learning in the System, and the User shall consent to this without objection.

5.    The provisions of the preceding paragraph shall not apply to the case where the User uses Enterprise (paid plan), and in this case, the Company shall be free to use the AI Content for the improvement of the System only if the Company obtains the consent of the User.

Article 7 (Intellectual Property Rights of Target Product Photos)

1.    The copyrights, trademarks, and other intellectual property rights ( “Intellectual Property Rights”) of the Target Product Photos. It belongs to the User or a third party who has licensed it to the User and will not be transferred to the Company.

2.    The User shall grant the Company the free licenses for the Company to use the Target Product Photos for the following purposes. However, when the User uses Enterprise (paid plan), it shall be used only within the scope of the purposes of items ⑴ and ⑶.

(1)  To provide the functions set forth in Article 3,

(2)  For AI learning as stipulated in Article 6, Paragraph 3,

(3)  To improve the System when the consent stipulated in Article 6, Paragraph 4 is obtained, and

(4)  To improve the quality of service of the System.

3.    The User shall have Intellectual Property Rights, portrait rights, permission from the copyright holder, and other legitimate authority to use the System with respect to the Target Product Photos, and shall be responsible for intellectual property rights, portrait rights, privacy rights, and all other rights or interests of third parties ( “Intellectual Property Rights, etc. of Third Parties”), the User represent and warrant that the User have not infringed on the Company is not obligated to investigate whether the Target Product Photos and AI Content infringe the Intellectual Property Rights, etc. of Third Parties and does not guarantee that they do not infringe on the Intellectual Property Rights, etc. of Third Parties.

4.    The User fully understands that the selection of the Target Product Photos or the upload to the System is an act based on the User's own judgment, and that if the Target Product Photos uploaded by the User infringes the Intellectual Property Rights, etc. of Third Parties, the generated AI content may also infringe on the Intellectual Property Rights. In the event of a dispute (including against the Company) with a third party who claims to have been infringed with respect to the Target Product Photos or AI content, the User shall resolve the dispute at the User's own responsibility and expense.

5.    The User shall compensate the Company for any damages, losses, or expenses (including attorney's fees, etc.) incurred by the Company arising from or in connection with the infringement of the Intellectual Property Rights, etc. of Third Parties by the Target Product Photos uploaded by the User to the System.

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 of separating a part of the program from the System,

(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 uploading the Target Product Photos to the System for which the User oneself does not have copyrights, trademark rights, portrait rights, permission from the copyright holder, or other legitimate authority to use the System,

(10) Acts of impersonating a third party to use the System,

(11) 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,

(12) 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

(13) 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 for the next month.

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 or its 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)

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.).

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