Terms of Service

These Terms of Service (hereinafter referred to as the "Terms") set forth the conditions of use for the service provided on this website (hereinafter referred to as the "Service") by Aivaa (hereinafter referred to as the "Service Operator"). Registered users (hereinafter referred to as "Users") must use the Service in accordance with these Terms.

Article 1 (Application)

1. These Terms shall apply to any and all relationships between the User and the Service Operator in relation to the use of the Service.
2. In addition to these Terms, the Service Operator may establish various rules and regulations (hereinafter referred to as "Individual Regulations") regarding the use of the Service. These Individual Regulations, regardless of their names, shall constitute part of these Terms.
3. In the event of any inconsistency between the provisions of these Terms and the provisions of the Individual Regulations mentioned in the preceding paragraph, the provisions of the Individual Regulations shall prevail unless otherwise specified in the Individual Regulations.

Article 2 (Registration)

1. In the Service, applicants who wish to register shall apply for registration in the manner specified by the Service Operator after agreeing to these Terms, and the registration shall be completed upon the Service Operator's approval of the application.
2. The Service Operator may not approve an application for registration if it determines that the applicant falls under any of the following reasons, and shall not be obligated to disclose the reason.
   1. In case of providing false information during the registration application
   2. In case the application is from a person who has violated these Terms in the past
   3. In any other cases where the Service Operator deems the registration to be inappropriate

Article 3 (Management of User ID and Password)

1. Users shall properly manage their User ID and password for the Service at their own responsibility.
2. Users shall not transfer or lend their User ID and password to a third party, or share them with a third party under any circumstances. The Service Operator shall deem the use of the Service with the registered User ID and password combination as the use by the User who registered that User ID.
3. The Service Operator shall not be liable for any damages caused by the use of a User ID and password by a third party, except in cases where the Service Operator is intentionally or grossly negligent.

Article 4 (Management of User's AI Models and API Information)

1. Users shall properly manage the AI Models and their Public API information registered by them at their own responsibility.
2. The Service Operator shall not be liable for any damages caused by the use of a User's AI Models and their Public API information by a third party, except in cases where the Service Operator is intentionally or grossly negligent.

Article 5 (Usage Fees and Payment Method)

1. Users shall pay the usage fees separately determined by the Service Operator and displayed on the website for the paid portions of the Service, using the method specified by the Service Operator.
2. If a User delays the payment of usage fees, the User shall pay a late payment charge at an annual rate of 14.6%.

Article 6 (Prohibited Acts)

Users shall not engage in any of the following acts when using the Service.

1. Acts that violate laws and regulations or public order and morality
2. Acts related to criminal activities
3. Acts that infringe upon copyrights, trademark rights, and other intellectual property rights contained in the Service
4. Acts that destroy or interfere with the functions of servers or networks of the Service Operator, other Users, or other third parties
5. Acts of commercially using the information obtained through the Service
6. Acts that may interfere with the operation of the Service Operator's services
7. Acts of unauthorized access or attempts thereof
8. Acts of collecting or accumulating personal information about other Users
9. Acts of using the Service for improper purposes
10. Acts that cause disadvantage, damage, or discomfort to other Users or third parties
11. Acts of impersonating other Users
12. Acts of advertisement, solicitation, or business activities on the Service without the Service Operator's permission
13. Acts of using the Service for the purpose of meeting unfamiliar persons of the opposite sex
14. Acts of directly or indirectly providing benefits to antisocial forces in relation to the Service Operator's services
15. Other acts deemed inappropriate by the Service Operator

Article 7 (Suspension of Service Provision)

1. The Service Operator may suspend or interrupt all or part of the Service without prior notice to Users if it determines that any of the following reasons apply.
   1. When performing maintenance, inspection, or updates of the computer system related to the Service
   2. When it becomes difficult to provide the Service due to force majeure such as earthquakes, lightning strikes, fires, power outages, or natural disasters
   3. When the computer or communication lines are stopped due to an accident
   4. In any other cases where the Service Operator deems the provision of the Service to be difficult
2. The Service Operator shall not be liable for any disadvantages or damages suffered by Users or third parties due to the suspension or interruption of the Service.

Article 8 (Restriction of Use and Deletion of Registration)

1. The Service Operator may restrict the use of all or part of the Service or delete the User's registration without prior notice if the User falls under any of the following cases.
   1. When the User violates any of the provisions of these Terms
   2. When it is found that the registered information contains false facts
   3. When there is a default in the payment of fees, etc.
   4. When there is no response to inquiries from the Service Operator for a certain period of time
   5. When the Service has not been used for a certain period of time since the last use
   6. In any other cases where the Service Operator deems the use of the Service to be inappropriate
2. The Service Operator shall not be liable for any damages incurred by the User as a result of the actions taken by the Service Operator based on this Article.

Article 9 (Withdrawal)

Users may withdraw from the Service by following the withdrawal procedure specified by the Service Operator.

Article 10 (Disclaimer and Exemption from Liability)

1. The Service Operator does not explicitly or implicitly guarantee that the Service is free of defects (including but not limited to defects in security, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or errors and bugs).
2. The Service Operator shall not be liable for any damages incurred by the User due to the use of the Service, except in cases of intentional or gross negligence on the part of the Service Operator. However, this exemption clause shall not apply if the contract between the Service Operator and the User regarding the Service (including these Terms) is deemed to be a consumer contract under the Consumer Contract Act.
3. Even in the case referred to in the proviso of the preceding paragraph, the Service Operator shall not be liable for any damages arising from special circumstances (including cases where the Service Operator or the User could have foreseen or did foresee the occurrence of damages) incurred by the User due to the Service Operator's negligence (excluding gross negligence). Furthermore, in the case of the Service Operator's negligence (excluding gross negligence), the Service Operator's liability for damages shall be limited to the amount of fees received from the User in the month in which the damage occurred.
4. The Service Operator shall not be liable for any transactions, communications, or disputes that may occur between the User and other Users or third parties in relation to the Service.

Article 11 (Changes to Service Content)

The Service Operator may change, add, or discontinue the content of the Service with prior notice to the User, and the User shall agree to this.

Article 12 (Changes to Terms)

1. The Service Operator may change these Terms without the individual consent of the User in the following cases.
   1. When the changes to the Terms are in the general interest of the User.
   2. When the changes to the Terms do not conflict with the purpose of the Service usage contract, and are reasonable in light of the necessity of the changes, the appropriateness of the content after the changes, and other circumstances pertaining to the changes.
2. In the event of changes to these Terms pursuant to the preceding paragraph, the Service Operator shall notify the User in advance of the fact that the Terms will be changed, the content of the changed Terms, and the effective date of the changes.

Article 13 (Handling of Personal Information)

The Service Operator shall appropriately handle the personal information obtained through the use of the Service in accordance with the Service Operator's "Privacy Policy."

Article 14 (Notices or Communications)

Notices or communications between the User and the Service Operator shall be made in the manner specified by the Service Operator. The Service Operator shall deem the contact information currently registered as valid and use it for notices or communications unless the User submits a change notification in accordance with the method separately specified by the Service Operator. These notices or communications shall be deemed to have reached the User at the time of transmission.

Article 15 (Prohibition of Transfer of Rights and Obligations)

The User shall not transfer or provide as collateral to a third party the contractual status under the Terms of Service or the rights or obligations based on these Terms without the prior written consent of the Service Operator.

Article 16 (Governing Law and Jurisdiction)

1. The interpretation of these Terms shall be governed by the laws of Japan.
2. In the event of any disputes arising in relation to the Service, the Tokyo District Court shall be the exclusive court of first instance jurisdiction.