Terms of Service

1. Scope

• These Terms apply to the entire relationship between the operator and users regarding the use of the Service.
• If there are any supplementary terms, guidelines, or help documentation related to the Service (hereinafter "supplementary terms"), such supplementary terms form part of these Terms. In the event of a conflict, such supplementary terms shall prevail.

2. Overview of the Service

• The Service displays AI portrait generation results (generated images, etc.) based on photos and settings provided by users.
• The Service may use the Gemini API (provided by Google LLC) for processing. Details regarding what data is sent, to whom, and how consent is obtained are described in the separate Privacy Policy.

3. Conditions of Use

• Users use the Service at their own responsibility.
• Users are responsible for preparing and maintaining the devices, network environment, and settings required to use the Service at their own expense.
• If a user is a minor, they must obtain consent from a parent or legal guardian before using the Service.

4. User Content (Photos, etc.)

• Users warrant that they hold the legal rights (including copyright, portrait rights, and privacy rights) to any photos, images, text, or other content they provide to the Service (hereinafter "User Content"), or that they have obtained permission from the rights holder.
• Users must not use content that may infringe upon the rights of third parties, such as photographs of other people's faces, without proper authorization.
• If a dispute arises between a user and a third party due to User Content, the user shall resolve such dispute at their own expense and responsibility.

5. Prohibited Activities

Users shall not engage in any of the following activities when using the Service:

• (1) Activities that violate laws, regulations, or public order and morals
• (2) Activities related to criminal acts
• (3) Activities that infringe upon copyright, trademark rights, portrait rights, privacy rights, or other rights
• (4) Impersonation, transmission of false information, or activities that may cause misidentification by third parties
• (5) Activities that place excessive load on the Service, or reverse engineering, analysis, modification, or scraping of the Service
• (6) Unauthorized access, or attempts thereof
• (7) Activities that interfere with the operation of the Service
• (8) Using results obtained through the Service to infringe upon the rights of third parties or for inappropriate purposes
• (9) Any other activities that the operator deems inappropriate

6. Disclaimer Regarding Generated Results (AI Characteristics)

• The results generated by the Service include AI-based estimation and synthesis, and we do not guarantee their accuracy, completeness, usefulness, fitness for a particular purpose, or any other quality.
• The use of generated results (e.g., posting on social media, printing) is at the user's own judgment and responsibility.

7. Intellectual Property Rights

• All intellectual property rights related to the Service, including its logo, UI, programs, text, images, and other content, belong to the operator or their rightful owners.
• Users shall not reproduce, modify, distribute, or publicly transmit the content of the Service beyond the scope expressly permitted in these Terms.
• For the license of generated images, please refer to Article 7 of the Privacy Policy.

8. Fees and Charges

• The web version of the Service is free to use.
• The mobile app may offer paid features such as additional functionality, ad removal, and subscriptions (hereinafter "Paid Features") in addition to free features.
• Pricing, billing cycles, renewal conditions, and cancellation procedures for Paid Features are as displayed on the purchase screen or app store listing.
• For App Store and Google Play purchases, refund eligibility and procedures are governed by the store where you purchased.
• Web sales of Pro features for the mobile app are in preparation. Planned prices are US$4.99 per week or US$29.99 per year, with no free trial. After launch, the amount, currency, taxes and billing period displayed before purchase apply. Subscriptions renew automatically until cancelled.
• Web orders are placed through Paddle or Stripe checkout. For web orders placed through Paddle, Paddle is the Merchant of Record and handles order processing, billing inquiries and returns/refunds. For orders placed through Stripe, Link (a Stripe service) is generally the Merchant of Record and the purchase is shown as “Sold through Link”; for some regions and payment methods, AI Gahaku is the seller and Stripe processes the payment. The seller is shown at checkout. AI Gahaku provides the app and technical support. See our refund and cancellation policy and Paddle's Buyer Terms and Refund Policy or Link's terms applicable at purchase. Mandatory consumer rights are not limited by these terms.

9. Changes, Suspension, and Termination of Service

• The operator may change, suspend, or terminate the content or provision of the Service without prior notice to users.
• The operator shall not be liable for any damages incurred by users as a result, except where exemption from liability is not permitted by mandatory law.

10. Suspension or Restriction of Use

If the operator determines that a user has violated or may violate these Terms, the operator may suspend or restrict the user's access to the Service without prior notice.

11. Disclaimer and Limitation of Liability

• The operator does not warrant that the Service is free from defects, whether factual or legal, including but not limited to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, and security.
• The operator shall not be liable for any damages caused by communication failures, device malfunctions, disruptions to the Gemini API, or suspension of external services.
• In the event the operator is held liable, except in cases of willful misconduct or gross negligence, the operator's liability shall be limited to the total amount paid by the user to the operator in the 12 months immediately preceding the occurrence of such damages (or 1,000 JPY if the service was provided free of charge), to the extent permitted by applicable law.

12. Changes to These Terms

The operator may modify these Terms as necessary. The revised Terms shall take effect from the time they are announced within the Service or by other means determined by the operator. If a user continues to use the Service after the revision, the user shall be deemed to have agreed to the revised Terms.

13. Governing Law and Jurisdiction

• These Terms shall be governed by and construed in accordance with the laws of Japan.
• In the event of any dispute arising in connection with the Service between the operator and a user, the court having jurisdiction over the location of the operator shall be the exclusive court of first instance.

14. Contact Us

For inquiries regarding these Terms, please contact the following:

Contact information: @sato_neet
aigahaku+aigahaku@gmail.com