Terms of Use
Article 1 (Purpose and Application)
1. These Terms of Use (the “Terms”) set out the conditions for using AI Live Pro (the “Service”) provided by Tomoya Kimura (the “Operator”) and the rights and obligations between the Operator and Users regarding the use of the Service. Users shall use the Service after agreeing to these Terms.
2. These Terms apply to all relationships between the Operator and Users regarding the use of the Service.
3. The price list, user guides, and other individual provisions that the Operator posts on the Operator’s website regarding the Service, and any individual agreement separately concluded between the Operator and a User (collectively, the “Individual Terms”), form part of these Terms. If these Terms and the Individual Terms differ, the Individual Terms prevail unless they provide otherwise.
4. The Service may be used by both corporations and individuals. However, individuals may use the Service only if they are 18 years of age or older.
Article 2 (Definitions)
The terms used in these Terms are defined as follows.
- (1) “User” means a corporation or individual that has applied to use the Service by the method designated by the Operator after agreeing to these Terms, and whose application the Operator has accepted.
- (2) “Service Agreement” means the agreement concerning the use of the Service concluded between the Operator and a User, consisting of these Terms and the Individual Terms.
- (3) “Affiliated Liver” means an individual who belongs to a User, or has an outsourcing or other contractual relationship with a User, and who live streams using the Service under the User’s management. If the User is an individual who live streams using the Service themselves, it includes that User.
- (4) “Authorized Persons” means Affiliated Livers, the User’s officers and employees, and any other third party whom the User allows to use the Service.
- (5) “AI Face Swap Feature” means a feature that uses generative AI technology to convert the face of a streamer appearing in live streaming video into a face different from that streamer’s (including a similar face), or to otherwise process it.
- (6) “Streaming Platform” means a live streaming service or other video streaming service provided by a third party that a User or Affiliated Liver uses together with the Service.
- (7) “Third-Party Service” means a Streaming Platform, payment service, cloud service, or other service provided by a third party.
- (8) “User Data” means video, images, audio, text, and any other data (including face images and other personal information of Affiliated Livers) that a User or Authorized Person sends to the Operator or stores on the Service when using the Service.
- (9) “Generated Output” means video, images, and other data generated by converting or processing User Data with the AI Face Swap Feature or other functions of the Service.
- (10) “Contract Term” means the term of the Service Agreement set out in Article 11, Paragraph 1, and “Renewal Date” means the date set out in Paragraph 3 of that Article.
- (11) “Intellectual Property Rights” means copyrights (including the rights set out in Articles 27 and 28 of the Copyright Act), patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire those rights or to apply for their registration).
- (12) “Consumer” means a consumer as defined in Article 2, Paragraph 1 of the Consumer Contract Act.
Article 3 (Content of the Service)
1. The Service provides Users, over the internet, with a live streaming support system that uses the AI Face Swap Feature.
2. The main functions of the Service are as follows.
- (1) Integration with the AI Face Swap Feature
- (2) Live streaming management
- (3) Streamer management
- (4) Streaming history management
- (5) Analytics
- (6) Other related functions provided by the Operator
3. The specific content, functions, and conditions of use of the Service are governed by the price list and other Individual Terms.
4. The Operator may change all or part of the content of the Service, or add or discontinue functions, to improve the quality or functions of the Service or whenever the Operator otherwise deems it necessary. However, if such a change would cause significant disadvantage to Users, the Operator will notify Users in advance, allowing a reasonable period.
Article 4 (Application and Formation of the Service Agreement)
1. A corporation or individual wishing to use the Service (an “Applicant”) shall apply by the method designated by the Operator after agreeing to these Terms, and the Service Agreement is formed between the Operator and the Applicant when the Operator accepts the application.
2. When applying under the preceding paragraph, the Applicant shall submit any identity verification documents the Operator requests (for a corporation, a certificate of registered matters and identity verification documents for its representative) and any other materials the Operator requests.
3. The Operator may decline an application if the Operator determines that the Applicant falls under any of the following. In that case, the Operator is not obliged to disclose the reason.
- (1) The Applicant made a false statement or omitted required information in the application
- (2) The Applicant has previously breached these Terms or another agreement with the Operator
- (3) The Applicant is, or has a relationship with, Anti-Social Forces (as defined in Article 8, Paragraph 1)
- (4) The Applicant is an individual under 18 years of age
- (5) The Operator otherwise determines that concluding a Service Agreement is inappropriate
4. If any information the User submitted when applying changes, the User shall notify the Operator without delay by the method designated by the Operator.
Article 5 (Account Management)
1. The User shall properly manage, at its own responsibility, the ID, password, and other credentials issued by the Operator (“Account Information”), and shall not let any third party use them or lend, transfer, sell, or otherwise deal in them. However, this does not apply where the User lets Authorized Persons use them to the extent necessary for them to use the Service.
2. Any use of the Service made with the Account Information is deemed use by the User, and the User bears all responsibility arising from it.
3. If the User discovers that its Account Information has been leaked or used without authorization, it shall notify the Operator immediately and follow the Operator’s instructions.
Article 6 (User Responsibilities for Affiliated Livers)
1. When letting Affiliated Livers use the Service, the User shall comply with the following at its own responsibility and expense.
- (1) Confirm, using official identity documents, that each Affiliated Liver is 18 years of age or older, and keep a record of that confirmation
- (2) Fully explain to each Affiliated Liver in advance the content of the Service, the nature and limitations of the AI Face Swap Feature (including the matters set out in Article 18, Paragraph 2), and the handling of User Data, and obtain the Affiliated Liver’s explicit consent given of their own free will
- (3) Not force any Affiliated Liver to appear in a live stream or to stream specific content against their will
- (4) Appropriately manage and supervise Affiliated Livers so that their streams comply with the Penal Code, the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children, the Act on Special Provisions for Appearance Contracts to Prevent Harm from Appearing in Sexual Act Videos and to Aid Performers (where applicable), local government ordinances, other applicable laws and regulations, and the terms of use of the Streaming Platforms
2. If the Operator requests, the User shall promptly report to the Operator on the confirmations and consents required by items (1) and (2) of the preceding paragraph, or submit materials evidencing them.
3. Use of the Service by Authorized Persons is deemed use by the User, and the User bears full responsibility for the acts of Authorized Persons as if they were its own.
4. Any dispute between an Authorized Person and the User or a third party shall be resolved at the User’s responsibility and expense, and the Operator bears no responsibility for it.
5. If the User is an individual who live streams themselves, items (1) to (3) of Paragraph 1 and Paragraph 2 do not apply, and the Operator will confirm that the User is 18 years of age or older using the identity verification documents set out in Article 4, Paragraph 2.
Article 7 (Prohibited Matters)
1. The User shall not use the Service in a way that violates, or may violate, laws and regulations or the terms of use of a Streaming Platform or other Third-Party Service.
2. In using the Service, the User shall not engage in, and shall not let Authorized Persons engage in, any of the following acts.
- (1) Acts that violate laws and regulations or public order and morals
- (2) Acts that infringe the copyrights, portrait rights, trademark rights, privacy rights, or other rights or interests of third parties
- (3) Using the AI Face Swap Feature to impersonate a celebrity, public figure, or other real person, or in a manner likely to be mistaken for a real person
- (4) Using a third party’s face photos, images, or videos without the permission of that person and the rights holder
- (5) Having a person under 18 years of age appear in a stream, or letting a person under 18 years of age use the Service
- (6) Entering face images or similar data of an Affiliated Liver or any other person into the Service, or applying the AI Face Swap Feature to them, without that person’s consent
- (7) Distributing or publicly displaying obscene electromagnetic records or other records, or any other act that violates laws and regulations on streamed content
- (8) Registering false or inaccurate information
- (9) Gaining unauthorized access to the Service or related systems
- (10) Interfering, or risking interference, with the operation of the Service
- (11) Reverse engineering, decompiling, disassembling, or any similar act with respect to the software or other systems of the Service
- (12) Reselling, sublicensing, or lending the Service to a third party, or otherwise letting a third party use it, without the Operator’s prior written consent (except letting Authorized Persons use it)
- (13) Using the Service for illegal acts or to infringe the rights of third parties
- (14) Creating multiple accounts without the Operator’s consent to get around usage limits or other operational restrictions of the Service
- (15) Encouraging or facilitating any of the acts listed above
- (16) Any other act the Operator reasonably deems inappropriate
3. The User shall impose on Authorized Persons obligations equivalent to the User’s obligations under these Terms and ensure that they comply with them.
4. If an Authorized Person breaches these Terms, the User is deemed to have breached them, and the Operator may take the measures set out in Article 21 or any other necessary measures.
5. If the User breaches any of the preceding paragraphs, or if the Operator reasonably determines that there has been unauthorized use, the Operator may, without prior notice, suspend the account, terminate the Service Agreement, merge accounts, or take any other measures the Operator deems necessary.
Article 8 (Exclusion of Anti-Social Forces)
1. The Operator and the User each represent and warrant, now and in the future, that neither they nor their officers (meaning directors, executive officers, corporate officers, auditors, or persons equivalent to them) are an organized crime group, a member of an organized crime group, a person for whom five years have not passed since ceasing to be a member of an organized crime group, an associate member of an organized crime group, a company affiliated with an organized crime group, a corporate racketeer, a person engaging in criminal activities under the guise of social or political movements, a special intelligence crime group, or any other person equivalent to these (collectively, “Anti-Social Forces”), and that they have no relationship with Anti-Social Forces that is subject to social criticism.
2. The User and the Operator each undertake not to, either themselves or through a third party, make violent demands or unreasonable demands beyond legal responsibility of the other party, use threatening words or deeds or violence in connection with transactions, damage the other party’s credibility or obstruct its business by spreading rumors, using fraudulent means, or using force, or engage in any act equivalent to these.
3. If either the Operator or the User breaches this Article, the other party may terminate the Service Agreement immediately without any notice. In that case, the terminating party is not liable for any damage caused to the other party by the termination, and the terminated party shall compensate the terminating party for any damage caused to it.
Article 9 (Third-Party Services)
1. The Service may work with Third-Party Services.
2. Agreements, fees, terms of use, and other conditions for using Third-Party Services are governed by the rules of their respective providers, and the User uses Third-Party Services at its own responsibility and expense.
3. The Operator does not guarantee the content, quality, continuity, or any other aspect of Third-Party Services, and is not liable for any damage to the User caused by a Third-Party Service, except in cases of the Operator’s willful misconduct or gross negligence.
Article 10 (Fees and Payment Methods)
1. The fees for the Service are as follows, and their amounts and other details are as set out in the price list posted on the Operator’s website (the “Price List”). The User shall pay the fees by the payment method designated by the Operator.
- (1) Base fee (monthly): the fee for the basic functions of the Service and one Concurrent Streaming Slot (as defined in Article 12, Paragraph 1)
- (2) Hour Pack fee: the fee for purchasing the Hour Packs set out in Article 13
- (3) Additional concurrent streaming slot fee (monthly): the fee for using the Additional Slots set out in Article 12, Paragraph 2
2. All fees are paid in advance, and fees once paid are not refunded except where a refund is required by law.
3. Bank transfer fees and other costs incurred on the User’s side in paying the fees are borne by the User. However, processing fees for payment services designated by the Operator are borne by the Operator.
4. If the User is late in paying fees or any other monetary obligation, the User shall pay the Operator late-payment damages at an annual rate of 14.6% from the day after the due date until the date of payment in full.
5. If the User has chosen credit card payment and the credit card company does not approve the payment, the Operator may ask the User to pay by another method the Operator designates, or suspend provision of the Service.
Article 11 (Contract Term and Automatic Renewal)
1. The Contract Term of the Service Agreement is one month, from the date the Service Agreement is formed (the “Contract Date”) to the day before the first Renewal Date, and the Operator starts providing the Service on the Contract Date.
2. Unless the User completes the cancellation procedure set out in Article 23, the Service Agreement is automatically renewed for one month on the same terms when the Contract Term expires, and the same applies thereafter. However, the Operator may choose not to renew the Service Agreement by notifying the User by the day before the Renewal Date.
3. The Renewal Date is the day of each month corresponding to the Contract Date. If a month has no day corresponding to the Contract Date, the Renewal Date is the last day of that month (for example, for a contract made on October 5, the Renewal Dates are November 5, December 5, and so on; for a contract made on October 31, they are November 30, December 31, and so on).
4. The base fee is charged automatically: the first payment on the Contract Date, and the following month’s fee on each Renewal Date thereafter.
Article 12 (Concurrent Streaming Slots)
1. The base fee includes one slot that allows one streamer at a time to live stream using the AI Face Swap Feature (a “Concurrent Streaming Slot”).
2. The User may add Concurrent Streaming Slots by the method designated by the Operator. An added Concurrent Streaming Slot (an “Additional Slot”) can be used from the time the payment for it is completed. The fee for an Additional Slot is the monthly fee per slot set out in the Price List.
3. If the User adds an Additional Slot on a day other than a Renewal Date, the Operator charges a first fee calculated pro rata by day for the period from the day of addition up to the day before the next Renewal Date. The pro rata amount is calculated separately for each calendar month, from the month containing the day of addition to the month containing the day before the next Renewal Date, based on the number of days in that month and the number of days covered in it, and the amounts are added together. Fractions of less than one yen are rounded down. The first fee is charged when the slot is added, and from the next Renewal Date onward the base fee and the Additional Slot fees are combined and charged automatically on the same Renewal Date.
4. The User may end an Additional Slot at the end of the day before a Renewal Date by completing the cancellation procedure designated by the Operator by the day before that Renewal Date. If the cancellation procedure is completed after that deadline, the Additional Slot is renewed once and ends when the renewed period expires.
5. When the Service Agreement ends, all Additional Slots end at the same time.
Article 13 (Hour Packs)
1. By the method designated by the Operator, the User may purchase in advance the time during which it can live stream using the AI Face Swap Feature (“Streaming Time”) in the units set out in the Price List (“Hour Packs”). The User may purchase additional Hour Packs any number of times.
2. The fee for an Hour Pack is charged at the time of purchase, and the Streaming Time for the Hour Pack is granted immediately after that payment is completed.
3. An Hour Pack is valid for 60 days from the date its payment is completed. Streaming Time not used within the validity period expires at the end of the period, and the Operator does not provide any compensation or refund for it.
4. The User may live stream using the AI Face Swap Feature only within the unused Streaming Time of Hour Packs that are still valid (“Remaining Streaming Time”). When the Remaining Streaming Time runs out, the Operator may stop providing the AI Face Swap Feature for that live stream, and the User shall keep its Remaining Streaming Time in mind when live streaming.
Article 14 (Calculation of Streaming Time)
1. Streaming Time is calculated in units of one minute, and any fraction of less than one minute is rounded up.
2. If the User holds multiple Hour Packs, Streaming Time is used starting from the Hour Pack whose validity period ends earliest.
3. When live streaming at the same time using multiple Concurrent Streaming Slots, Streaming Time is calculated for each streamer, and the total is deducted from the Remaining Streaming Time.
4. When the Service Agreement ends, all Remaining Streaming Time expires, and the Operator does not provide any compensation or refund for it.
Article 15 (Handling of User Data and Generated Output)
1. Rights in User Data and Generated Output (including Intellectual Property Rights) belong to the User or the legitimate rights holder, and the Operator does not acquire any rights in User Data or Generated Output except as set out in these Terms.
2. The User permits the Operator to use User Data and Generated Output free of charge (including reproducing, adapting, transmitting, storing, and otherwise using them) to the extent necessary to provide, maintain, and support the Service, fix problems, and prevent unauthorized use.
3. Except with the User’s prior written consent, the Operator will not use User Data or Generated Output for training AI models or for any purpose other than providing the Service.
4. The User represents and warrants that it has all rights necessary to grant the Operator the permissions set out in the preceding paragraphs for User Data, and that sending User Data and its use by the Operator do not infringe the rights of any third party.
5. The User uses Generated Output at its own responsibility, and if a dispute with a third party arises from the use of Generated Output, the User shall resolve it at its own responsibility and expense.
Article 16 (Handling of Personal Information)
1. The Operator handles personal information obtained in connection with providing the Service appropriately in accordance with these Terms and the Privacy Policy separately established by the Operator.
2. When entering User Data that includes face images or other personal information of Affiliated Livers into the Service, the User shall, at its own responsibility, notify or make public to the persons concerned, obtain their consent, and complete any other necessary procedures in accordance with the Act on the Protection of Personal Information and other applicable laws and regulations.
3. If the Operator is entrusted by the User with handling personal data in connection with providing the Service, the Operator handles that personal data only to the extent necessary to provide the Service and takes necessary and appropriate security measures.
Article 17 (Intellectual Property Rights)
1. Intellectual Property Rights and all other rights relating to the Service (including the software, AI models, programs, designs, manuals, and other materials relating to the Service) belong to the Operator or to the legitimate rights holders who have licensed them to the Operator.
2. Except as expressly set out in these Terms, concluding the Service Agreement does not mean any transfer or license of the Intellectual Property Rights of the Operator or of legitimate rights holders relating to the Service.
3. The Operator grants the User a non-exclusive, non-transferable right to use the Service in accordance with these Terms while the Service Agreement is in effect.
Article 18 (Disclaimer of Warranties and Exemption from Liability)
1. The Operator makes no warranty, express or implied, regarding any of the following.
- (1) The completeness, accuracy, or usefulness of the Service, or its fitness for any particular purpose of the User
- (2) That the Service will always be available or free of defects
- (3) That the User will earn revenue by using the Service
- (4) The completeness or accuracy of the results of conversion by the AI Face Swap Feature
2. Although the Service provides the AI Face Swap Feature and related features, it does not guarantee the confidentiality of identity or the anonymity of the User or Authorized Persons in live streaming, or that their faces or identities will not be revealed. The User acknowledges that, depending on lighting, network conditions, the streamer’s movements, video resolution, and other factors, the AI Face Swap Feature may not work as intended and all or part of the streamer’s real face may be streamed, and shall explain this to its Affiliated Livers.
3. Even if the User or an Authorized Person suffers a disadvantage through live streaming or other use of the Service, such as their face or identity being revealed or other personal information being identified or made public, the Operator is not liable for it except in cases of the Operator’s willful misconduct or gross negligence.
4. Even if a Streaming Platform or other Third-Party Service suspends an account, restricts use, stops a stream, imposes a permanent ban, or takes any other measure, the Operator is not liable for it except in cases of the Operator’s willful misconduct or gross negligence.
5. The Service may be provided in conjunction with systems, APIs, cloud services, payment services, and other Third-Party Services provided by third parties.
6. If all or part of the Service cannot be used because of a failure, change in specifications, suspension, delay, or defect of such Third-Party Services, the Operator is not liable for it except in cases of the Operator’s willful misconduct or gross negligence.
7. The Operator is not responsible for the content of live streams that the User performs using the Service, or for any transactions, communications, disputes, or the like between the User, Authorized Persons, viewers, Streaming Platforms, or other third parties.
Article 19 (Suspension or Interruption of the Service)
1. The Operator may suspend or interrupt all or part of the Service without prior notice to the User in any of the following cases.
- (1) When carrying out maintenance, inspection, servicing, or updates of the systems for the Service
- (2) When providing the Service becomes difficult due to fire, power outage, earthquake, volcanic eruption, flood, tsunami, or other natural disaster, war, riot, labor dispute, epidemic, or other force majeure
- (3) When providing the Service becomes difficult due to the suspension or failure of services of a telecommunications carrier, cloud service provider, or other third party
- (4) When required by laws and regulations or by an order of an administrative or judicial authority
- (5) In any other case where the Operator reasonably determines that suspending or interrupting the Service is necessary
2. The Operator is not liable for any damage to the User caused by a suspension or interruption of the Service under the preceding paragraph, except in cases of the Operator’s willful misconduct or gross negligence. Fees for the period of suspension or interruption are not reduced.
Article 20 (Confidentiality)
1. The User and the Operator shall not disclose or leak to any third party, without the other party’s prior written consent, any technical, business, or other information disclosed by the other party in connection with the Service that the other party has indicated is confidential or that by its nature should be treated as confidential (“Confidential Information”), and shall not use it for any purpose other than the Service Agreement. However, information that falls under any of the following is not Confidential Information.
- (1) Information that was already public when disclosed, or that became public after disclosure through no fault of the receiving party
- (2) Information that the receiving party already held when it was disclosed
- (3) Information lawfully obtained from a third party with legitimate authority without any duty of confidentiality
- (4) Information independently developed without relying on information disclosed by the other party
2. Notwithstanding the preceding paragraph, the User and the Operator may disclose Confidential Information to the minimum extent necessary when required to do so by laws and regulations or by an order of an administrative or judicial authority. In that case, the disclosing party shall promptly notify the other party to the extent permitted by law.
3. The obligations under this Article survive for three years after the Service Agreement ends.
Article 21 (Suspension of Use and Termination)
1. If the User falls under any of the following, the Operator may suspend the User’s use of all or part of the Service or terminate the Service Agreement without prior notice or demand. The Operator is not obliged to disclose the reason for any suspension or termination.
- (1) The User breaches any provision of these Terms
- (2) Any registered information is found to be false
- (3) The User is late in paying, or refuses to pay, fees or any other monetary obligation
- (4) The User suspends payments or becomes insolvent, or a petition is filed for the commencement of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or any similar proceedings
- (5) The User is subject to a petition for attachment, provisional attachment, provisional disposition, compulsory execution, or auction
- (6) The User is subject to a disposition for failure to pay taxes or public dues
- (7) The User resolves to dissolve, to discontinue its business, or to transfer all or a material part of its business
- (8) The User is subject to an account suspension or other measure by a Streaming Platform or other Third-Party Service in connection with its use of the Service
- (9) The User receives an inquiry, investigation, or the like from an investigative authority or other administrative authority on suspicion of a violation of law in connection with an Authorized Person’s use of the Service
- (10) The User does not respond to communications from the Operator within a reasonable period
- (11) The Operator otherwise reasonably determines that it is not appropriate for the User to continue using the Service
2. If the User does not pay the base fee (monthly) set out in Article 10 by the due date, the Operator may temporarily suspend provision of the Service. In that case, the User cannot live stream using the Service during the suspension, even if it has unused Streaming Time.
3. If provision of the Service has been suspended under the preceding paragraph, the Operator will resume it once the User has paid the unpaid base fee and the Operator has confirmed the payment. However, the validity period of the Streaming Time in Hour Packs continues to run during the suspension and is not extended because of it. The User may continue to use Remaining Streaming Time only within the validity period of 60 days from the date the payment for that Hour Pack was completed, and Remaining Streaming Time past its validity period expires in accordance with Article 13, Paragraph 3.
4. If the User falls under any of the items of Paragraph 1, the User automatically loses the benefit of time for all debts it owes the Operator and shall immediately repay those debts in full.
5. The Operator is not liable for any damage to the User caused by measures the Operator takes under this Article, except in cases of the Operator’s willful misconduct or gross negligence.
Article 22 (Data Retention and Deletion)
1. The Operator retains User Data, streaming history, registered information, and other information stored on the Service (in this Article, “Stored Data”) for the period from the date the Service Agreement ends until the end of the service provision period (the “Retention Period”), and may delete the Stored Data after the Retention Period has passed.
2. The User shall retrieve any Stored Data it needs at its own responsibility within the Retention Period.
3. Notwithstanding the preceding paragraph, the Operator may delete all or part of the Stored Data without notice, even during the Retention Period, if the User breaches these Terms, if required by laws and regulations or an order of an administrative authority or the like, or if the Operator otherwise reasonably deems it necessary.
4. The Operator does not guarantee the recovery of deleted Stored Data, even during the Retention Period. However, this does not apply where the Operator has a legal obligation to do so.
5. The Operator is not liable for any damage to the User caused by the loss, damage, or deletion of Stored Data, except in cases of the Operator’s willful misconduct or gross negligence.
Article 23 (Cancellation)
1. The User may cancel the Service Agreement at any time by completing the cancellation procedure designated by the Operator.
2. Cancellation takes effect at the end of the day before the first Renewal Date that falls on or after the date the cancellation procedure is completed. However, if the cancellation procedure is not completed by the day before that Renewal Date, the Service Agreement is renewed once, and it ends when the renewed Contract Term expires, after the User has paid the base fee for the renewed Contract Term.
3. Even if the User cancels during the Contract Term, fees and other charges already paid are not refunded except where a refund is required by law.
4. The User shall pay the base fee, additional concurrent streaming slot fees, and all other debts owed to the Operator that have arisen up to the time of cancellation by the due date designated by the Operator.
Article 24 (Damages)
1. If the User breaches these Terms or causes damage to the Operator or a third party willfully or negligently, the User is liable to compensate for all such damage (including reasonable attorney’s fees).
2. If a dispute arises between the User or an Authorized Person and a third party in connection with the use of the Service, the User shall resolve it at its own responsibility and expense, and if the Operator suffers damage, the User shall compensate the Operator for it (including reasonable attorney’s fees).
3. Except in cases of the Operator’s willful misconduct or gross negligence, the Operator’s liability to the User for damages, whether based on default, tort, or any other cause of action, is limited to ordinary and direct damage actually incurred, up to the total fees the User paid the Operator in the one month immediately preceding the date on which the event that caused the damage occurred.
4. The preceding paragraph and any other provisions of these Terms that exempt or limit the Operator’s liability for damages do not apply in cases of the Operator’s willful misconduct or gross negligence. In addition, if the User is a Consumer, provisions of these Terms that exempt the Operator from all liability for damages do not apply, and the Operator is liable, within the scope set out in the preceding paragraph, for damage to the User caused by reasons attributable to the Operator (excluding willful misconduct or gross negligence).
Article 25 (Prohibition of Assignment of Rights and Obligations)
1. The User shall not assign, transfer, pledge as security, or otherwise dispose of all or part of its position under the Service Agreement or its rights or obligations under these Terms to any third party without the Operator’s prior written consent.
2. If the Operator transfers the business relating to the Service to a third party (including any case in which the business is transferred, such as a business transfer or company split), the Operator may, in connection with that transfer, assign to the transferee the Operator’s position under the Service Agreement, the Operator’s rights and obligations under these Terms, and the User’s registered information, User Data, and other information, and the User consents to this in advance.
Article 26 (Notices)
1. The Operator gives notices to the User by sending an email to the email address the User registered, by posting on the Service, or by any other method the Operator deems appropriate.
2. If the Operator gives notice by email under the preceding paragraph, the notice is deemed to have reached the User when the Operator sends the email.
3. The User gives notices to the Operator by sending an email to the inquiry contact designated by the Operator or by any other method the Operator specifies.
Article 27 (Changes to These Terms)
1. In any of the following cases, the Operator may change these Terms without the individual consent of Users, under Article 548-4 of the Civil Code.
- (1) The change conforms to the general interests of Users
- (2) The change does not go against the purpose for which the Service Agreement was concluded, and is reasonable in light of the need for the change, the appropriateness of the changed content, the content of the change, and other circumstances relating to it
2. When changing these Terms under the preceding paragraph, the Operator will make known, or notify Users of, the fact that these Terms will change, the content of the changed Terms, and their effective date, by posting on the Operator’s website or by another appropriate method, at least one month before the changed Terms take effect.
3. If the User uses the Service on or after the date the changed Terms take effect, the User is deemed to have agreed to the change.
Article 28 (Severability)
Even if any provision of these Terms, or any part of one, is held invalid or unenforceable under laws and regulations or the like, the remaining provisions of these Terms and the remaining part of any provision held partly invalid or unenforceable continue in full force and effect.
Article 29 (Survival)
Even after the Service Agreement ends due to expiry, cancellation, termination, or any other reason, Article 6, Paragraphs 3 and 4; Article 8, Paragraph 3; Article 10, Paragraphs 2 to 4; Article 13, Paragraph 3; Article 14, Paragraph 4; Article 15; Article 16; Article 17, Paragraphs 1 and 2; Article 18; Articles 20 to 22; Article 23, Paragraphs 3 and 4; Articles 24 to 26; and this Article through Article 31 remain in effect.
Article 30 (Resolution by Consultation)
Any matter not set out in these Terms, or any question about the interpretation of these Terms, shall be resolved through sincere consultation between the Operator and the User in accordance with the principle of good faith.
Article 31 (Governing Law and Agreed Jurisdiction)
1. These Terms are governed by and interpreted in accordance with the laws of Japan.
2. For any dispute arising out of or in connection with these Terms or the Service, the district court or summary court with jurisdiction over the Operator’s location, depending on the amount in dispute, has exclusive agreed jurisdiction as the court of first instance.
Supplementary Provision
These Terms take effect on October 12, 2026.