Application Terms and Conditions
These Terms and Conditions (hereinafter referred to as "these Terms") set forth the conditions for the use of the mobile application (hereinafter referred to as "this Application") provided by me, Sho Fujimoto (hereinafter referred to as "the Developer"). Persons who install or use this Application (hereinafter referred to as "the User") shall carefully read and agree to the contents of these Terms before using this Application.
Article 1 (Application of these Terms)
- These Terms define the conditions of use for all services provided through this Application (hereinafter referred to as "the Service") and the rights and obligations between the Developer and the User. These Terms shall apply to all relationships concerning the use of the Service between the User and the Developer.
- Any rules and regulations concerning the use of the Service posted by the Developer on this Application or the Developer's website, etc., shall constitute a part of these Terms.
- If the User does not agree to these Terms, the User shall uninstall this Application and cease its use. By starting to use this Application, the User is deemed to have agreed to these Terms.
Article 2 (Definitions)
In these Terms, the following terms shall have the meanings set forth below:
(1) "The Service" means the Q&A service by generative AI, the Q&A service regarding text within photographs taken by the User, and all other functions provided by the Developer through this Application.
(2) "The User" means an individual who agrees to these Terms pursuant to Article 1 and installs or uses this Application.
(3) "Authentication Information" means information such as email addresses and passwords registered for the use of this Application, or account information for external services such as Google accounts or Apple IDs.
(4) "Input Data" means question text, photographs, text information extracted from photographs, and all other information entered or transmitted by the User using the Service.
(5) "Generated Data" means answers, sentences, and other information generated by the Service (mainly generative AI) based on the User's Input Data.
(6) "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration, etc., for such rights).
Article 3 (Eligibility and Registration)
- This Application can be used by individuals 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 no falsehoods in the registration information provided to the Developer.
(4) Minors who have obtained the consent of their legal representative.
- When registering information about themselves for the use of the Service, the User must provide true, accurate, and complete information.
- The Developer may refuse registration or re-registration if the User falls under any of the following items, and the Developer shall not be obliged to disclose the reason therefor:
(1) If there is any falsehood, error, or omission in all or part of the registration information provided to the Developer.
(2) If the User is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent, etc., of their legal representative, guardian, curator, or assistant.
(3) If the Developer determines that the User is an anti-social force, etc. (meaning an organized crime group, a member of an organized crime group, a right-wing group, an anti-social force, or other similar persons; the same shall apply hereinafter), or is involved with anti-social forces, etc., through funding or otherwise cooperating with or being involved in the maintenance, operation, or management of anti-social forces, etc.
(4) If the Developer determines that the User is a person who has breached a contract with the Developer in the past or is related to such a person.
(5) In any other cases where the Developer deems registration to be inappropriate.
Article 4 (Changes to Registered Information)
If there are any changes to the registered information, the User shall promptly notify the Developer of such changes in the manner prescribed by the Developer. The Developer shall not be liable for any damage incurred by the User due to failure to do so.
Article 5 (Management of Account Information)
- The User shall strictly manage and store the Authentication Information registered for the use of this Application at their own responsibility.
- If the User loses or becomes unable to access their Authentication Information, they may not be able to log in to this Application.
- When using external services (such as Google accounts or Apple IDs) for account registration, the User shall use them at their own responsibility in accordance with the terms of use of such external services.
- The Developer shall, in principle, not be liable for any damage incurred by the User due to inadequate management of Authentication Information or unauthorized use by a third party, except in cases attributable to the Developer.
Article 6 (Prohibited Matters)
In using the Service, the User shall not engage in the following acts:
- 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 another person.
- Acts of collecting personal information, etc., of others using fraudulent means.
- Acts of providing false information.
- Acts of transferring or lending account information of this Application to a third party.
- Spamming (repeatedly posting the same content, excessive advertising, or誘導 to other sites, etc.).
- Acts that place an excessive load on the servers or network systems of the Service, or interfere with their functions.
- Acts that interfere with the operation of the Service, or are likely to do so.
- Acts of accessing the Service through unauthorized methods, not via the official interface provided by this Application.
- Acts of directly or indirectly providing benefits to anti-social forces, etc.
- Acts that infringe upon the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of other Users of the Service, the Developer, or third parties (including, in particular, acts of taking photographs containing personal information, private information, or copyrighted works without the permission of others and inputting them into the Service).
- Posting or transmitting inappropriate content such as the following:
- Excessively violent expressions.
- Explicit sexual expressions.
- Expressions that lead to discrimination based on race, nationality, creed, sex, social status, etc.
- Expressions that promote or induce suicide, self-harm, or inappropriate drug use.
- Expressions containing anti-social content that cause discomfort to others.
- Harassment, defamation, or stalking of others.
- Acts primarily intended for meeting or dating unacquainted persons of the opposite sex.
- Religious activities or solicitation to religious organizations.
- Acts such as duplicating, modifying, reverse engineering, decompiling, disassembling, or other similar acts on the software used in the Service.
- Any other acts similar to the preceding items that the Developer deems inappropriate.
If the Developer determines that the User's conduct falls under any of the above, the Developer may, without prior notice, take measures such as deleting the relevant content, suspending the use of the Service, or suspending or deleting the User's account. The Developer shall not be obliged to disclose the reasons for these measures.
Article 7 (Regarding Paid Features)
- This Application may offer paid plans that allow the use of specific features. Users of paid plans can use limited features for a specified period by paying the prescribed usage fee. The usage fees and payment methods shall be separately determined by the Developer and displayed within this Application or on the Developer's website.
- Unless the User performs the prescribed cancellation procedure before the end of the specified period, paid plans will be automatically renewed under the same conditions, and the obligation to pay the usage fee for the renewed period will arise. Cancellation procedures shall be performed in accordance with the methods prescribed by the app store used by the User (App Store, Google Play Store, etc.).
- If payment of the usage fee is not successfully processed at the time of renewal, the Developer may suspend the provision of the paid plan without notice. The Developer shall not be liable for any damage incurred by the User as a result.
- Contracts for paid plans are managed for each OS (Android or iOS) on which the application was installed. In principle, contracts cannot be transferred if the OS changes due to a change of device, etc.
- Under certain conditions, a free trial period may be offered to first-time users. No fees will be incurred during the free trial period, but if the prescribed cancellation procedure is not performed before the end of the period, the User will automatically be transitioned to a paid plan, and usage fees will be incurred. Please check the details when applying for a plan.
- If the User delays payment of the usage fee, the Developer may charge the User a late payment charge at the rate of 14.6% per annum. (This may be excessive for an individually developed app, so please consider this optionally.)
- The Developer will not refund any usage fees already paid, for any reason whatsoever, unless otherwise stipulated by law.
Article 8 (Intellectual Property Rights)
- All Intellectual Property Rights related to this Application and the Service belong to the Developer or to those who have licensed them to the Developer. The license to use the Service under these Terms does not imply a license to use the Intellectual Property Rights of the Developer or those who have licensed them to the Developer regarding this Application or the Service.
- The User represents and warrants to the Developer that they have the legal right to input or transmit Input Data and that the Input Data does not infringe upon the rights of any third party.
- The copyright for Input Data (including photographs and text information contained therein)原則として belongs to the User. However, due to the specifications of this Application, photographs and text are not saved on the server. The Developer will temporarily use Input Data on the User's device to the extent necessary for providing the Service (such as generating responses to questions and extracting text from photographs) but will not collect, save, or secondarily use this information.
- The copyright and all other rights to Generated Data shall belong to the Developer or to those who have licensed them to the Developer. The User may use Generated Data only within the scope of compliance with these Terms of Use and relevant laws and regulations.
- The User agrees not to exercise moral rights of authors against the Developer or any party that has succeeded to or been granted rights by the Developer with respect to Input Data and Generated Data.
Article 9 (Changes, Suspension, and Termination of Service Content)
- The Developer may, without prior notice to the User, change the features or content of this Application, or temporarily interrupt, suspend, or terminate the provision of all or part of the Service.
- The Developer may suspend or interrupt all or part of the provision of the Service without prior notice to the User if any of the following apply:
(1) In case of urgent inspection or maintenance work of the computer systems related to the Service.
(2) If the operation of the Service becomes impossible due to failure of computers, communication lines, etc., misoperation, excessive concentration of access, unauthorized access, hacking, etc.
(3) If the operation of the Service becomes impossible due to force majeure such as earthquakes, lightning, fires, storms, floods, power outages, or other natural disasters.
(4) In any other cases where the Developer deems suspension or interruption necessary.
- The Developer shall not be liable for any damage or disadvantage incurred by the User as a result of these actions, except in cases of willful misconduct or gross negligence on the part of the Developer.
Article 10 (Disclaimer)
- The Developer does not warrant, either expressly or implicitly, that this Application and the Service are free from factual or legal defects (including but not limited to, safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security flaws, errors, bugs, or infringement of rights). In particular, the Developer makes no warranty whatsoever regarding the accuracy, completeness, timeliness, appropriateness, fitness for a particular purpose, or non-infringement of third-party rights of Generated Data (such as responses by generative AI) provided by the Service, which is for informational purposes only.
- Generated Data is not a substitute for professional advice (including but not limited to legal, medical, or financial advice). The User shall use Generated Data at their own responsibility and judgment, and the Developer shall not be liable for any actions taken by the User based on Generated Data or the results thereof.
- The Developer shall, in principle, not be liable for any damage or disadvantage incurred by the User arising from the use of this Application. However, if the contract between the Developer and the User based on these Terms falls under a consumer contract as defined by the Consumer Contract Act, some parts of this disclaimer may not apply. Even in such cases, unless attributable to the Developer's willful misconduct or gross negligence, the Developer's liability for damages shall be limited to the total amount of usage fees for the Service paid by the User to the Developer in the past 12 months.
- This Application does not save photographs taken by the User or input text information on a server. This information is processed on the User's device or used only temporarily. However, the Developer cannot be held liable if information is leaked due to factors beyond 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 the User's user information by the Developer (including registration information, usage history, etc., but as stipulated in Article 8, Paragraph 3 of these Terms, photographs and text information extracted from photographs are not saved on the server) shall be in accordance with the Privacy Policy separately established by the Developer, and the User agrees that the Developer will handle the User's user information in accordance with this Privacy Policy.
- The Developer may, at its discretion, use and disclose information and data provided by the User to the Developer as statistical information in a form that does not identify individuals, and the User shall not object to this.
Article 12 (Changes to these Terms)
- The Developer may change these Terms as necessary.
- The revised Terms will be announced within this Application or on the Developer's website, etc. If the User uses this Application after the changes, or does not raise an objection within a certain period after the announcement, the User will be deemed to have agreed to the revised Terms. However, if the changes are such that the User's consent is required by law, the Developer will obtain the User's consent in a manner prescribed by the Developer.
- The Developer shall not be liable for any damage or disadvantage incurred by the User as a result of changes to these Terms.
Article 13 (Contact/Notifications)
- Inquiries regarding the Service and other communications or notifications from the User to the Developer, as well as notifications regarding changes to these Terms and other communications or notifications from the Developer to the User, shall be made in a manner prescribed by the Developer (including but not limited to sending emails or posting within this Application).
- If the Developer sends a communication or notification to the email address or other contact information included in the registration information, the User shall be deemed to have received such communication or notification.
Article 14 (Assignment, etc., of Status under the Service Usage Agreement)
- The User may not assign, transfer, pledge as collateral, or otherwise dispose of their status under the usage agreement or their rights or obligations under these Terms to a third party without the prior written consent of the Developer.
- If the Developer transfers the business related to the Service to another company, the Developer may assign its status under the usage agreement, its rights and obligations under these Terms, and the User's registration information and other customer information to the transferee of such business transfer, and the User shall be deemed to have consented in advance to such assignment in this paragraph. This business transfer shall include not only ordinary business transfers but also company splits and any other cases where the 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 or regulations, the remaining provisions of these Terms and the remainder of any provision determined to be partially invalid or unenforceable shall continue in full force and effect.
Article 16 (Governing Law and Jurisdiction)
- These Terms shall be interpreted in accordance with the laws of Japan.
- Any disputes arising between the User and the Developer in connection with this Application or the Service shall be subject to the exclusive consensus jurisdiction of the district court or summary court having jurisdiction over the Developer's address as the court of first instance.
Date of Enactment: May 12, 2025
Developer: Sho Fujimoto