KAWARIMI Terms of Service

Article 1 (Definitions)

In these Terms, the meanings of the terms set forth in the following items shall be as defined in each such item.
(1) Service: the image generation service named "KAWARIMI" and all services incidental thereto provided by the Operator.
(2) Operator: the business operator providing the Service. Name and other business operator information are set forth in Article 24.
(3) User: an individual who agrees to these Terms and uses the Service.
(4) Subject Photo: a photo selected by the User for generation in the Service and transmitted to the Operator's server.
(5) Avatar Image: an image registered by the User with the Service, or provided by the Service, that specifies the appearance after transformation.
(6) Generated Output: an image output by the Service based on the Subject Photo and the Avatar Image.
(7) Credit: a unit granted or sold by the Operator to the User as a right to execute one generation.
(8) External Generative AI: a third-party image generation service used by the Operator to execute generation. Details of recipients and handling are set forth in the Privacy Policy.

Article 2 (Application of and Agreement to These Terms)

1. These Terms apply to all relationships between the Operator and the User relating to the use of the Service.
2. Notices, guidelines, and other rules posted by the Operator from time to time within the app or elsewhere constitute part of these Terms.
3. In the event of any discrepancy between the content of these Terms and the rules set forth in the preceding paragraph, these Terms shall prevail.
4. The Privacy Policy applies as an integral part of these Terms.

Article 3 (Registration and Account)

1. Use of the Service requires authentication through an Apple or Google account. The Operator does not obtain the User's password.
2. Persons under the age of 13 may not use the Service.
3. Persons under the age of 18 shall use the Service only with the consent of a parent or other legal representative.
4. The User may not allow any third party to use, lend, transfer, or sell the User's account.
5. The User shall be responsible for all acts performed through the User's account.

Article 4 (Content of the Service)

1. The Service outputs a Generated Output in which the person appearing in the Subject Photo is replaced with the appearance specified by the Avatar Image.
2. Generation is performed by artificial intelligence, and the results are not uniform due to the input content and the nature of the processing. The Operator does not guarantee the content or quality of the Generated Output or its conformity to any particular intent.
3. The Operator may refuse generation for input or output deemed inappropriate in light of laws and regulations, public order and morals, or Article 8.

Article 5 (Handling of Subject Photos)

1. Detection of persons appearing in photos is performed within the User's device. At this stage, no photo is transmitted to the Operator's server.
2. Only when the User instructs the execution of generation is one photo selected by the User transmitted to the Operator's server and provided to an External Generative AI for the execution of generation. Details of recipients and handling are set forth in the Privacy Policy.
3. The Operator deletes the transmitted Subject Photo from the Operator's server after the completion of the generation process (regardless of whether generation succeeds or fails). The Operator does not retain Subject Photos for an extended period and, except for the purpose of generation set forth in the preceding paragraph, does not provide or redistribute them to any third party.
4. Subject Photos are not used by the Operator or by any External Generative AI for the training of artificial intelligence models or for any purpose other than generation.
5. Only the Generated Output is stored as the generation history; Subject Photos are not stored.

Article 6 (Registration of Avatar Images)

1. An Avatar Image registered by the User is stored in association with the User's account for use in subsequent generations.
2. Only that User can access the registered Avatar Image.
3. The User may delete a registered Avatar Image at any time through in-app operations.

Article 7 (Representations and Warranties of the User)

In using the Service, the User represents and warrants the matters set forth in the following items.
(1) When using a photo in which a real person other than the User appears, the User has obtained the prior consent of that person (or, if that person is a minor, of that person's parent or other legal representative).
(2) The photos used do not infringe the portrait rights, copyrights, or other rights of any third party.
(3) The Avatar Images used are permitted to be used in the Service within the scope set forth in their terms of use or license.
(4) In the event of any dispute with or damage to the Operator or a third party arising from any circumstance contrary to the preceding items, the User shall resolve the same at the User's own responsibility and expense.

Article 8 (Prohibited Acts)

In using the Service, the User must not engage in any act set forth in the following items.
(1) Acts that violate laws and regulations or public order and morals.
(2) Acts related to criminal activity.
(3) Acts that infringe the portrait rights, copyrights, privacy, or other rights or interests of any third party.
(4) Acts of creating or publishing a Generated Output concerning a real person, without that person's consent, in a manner that causes the mistaken belief that the person engaged in an act that the person did not actually engage in.
(5) Acts of impersonating any third party.
(6) Acts of using the Service for the purpose of generating content constituting the sexual exploitation of children, obscene content, content promoting violence, or discriminatory content.
(7) Acts of using the Service in a manner contrary to the terms of use or license of an Avatar Image.
(8) Acts of fraudulently obtaining a free allowance, and acts of circumventing usage restrictions by creating multiple accounts.
(9) Acts of mass access by automated means, reverse engineering, probing or exploiting vulnerabilities of the Service, or otherwise circumventing the technical protection of the Service.
(10) Acts that interfere with the operation of the Service or damage the credibility of the Operator.
(11) Acts equivalent to any of the preceding items.

Article 9 (Handling of Generated Output)

1. The right to use a Generated Output belongs to the User. The Operator will not use Generated Output for advertising or any other purpose without the User's consent.
2. A Generated Output may be subject to restrictions arising from third-party rights in the photos and Avatar Images from which it was created. The User is responsible for ensuring that use of the Generated Output does not infringe the rights of any third party.
3. A Generated Output may be similar to the Generated Output of other users. The Operator does not guarantee the originality of, or the exclusive right to use, any Generated Output.

Article 10 (License to Use User Data)

1. The User grants the Operator permission to reproduce, store, and process Subject Photos, Avatar Images, and Generated Output, and to transmit them to External Generative AI, only to the extent necessary for the provision of the Service, the execution of generation, the prevention of unauthorized use, and compliance with laws and regulations.
2. The Operator will not use the User's data beyond the scope set forth in the preceding paragraph.

Article 11 (Free Allowance, Credits, and Paid Plans)

1. Executing generation consumes Credits granted or sold by the Operator. However, if the Operator has established a free allowance (including a free allowance shared among multiple users at events, etc.), generation may be executed free of charge within the scope of that allowance.
2. The number of uses available free of charge, the sale price of Credits, and the number of Credits granted are as displayed by the Operator in the app.
3. Uses granted under a monthly plan expire at the end of each billing period and do not roll over. Credits purchased as a one-time pack do not expire unless otherwise displayed in the app.
4. If generation is not completed due to a cause attributable to the Operator, the Credit for that attempt is not consumed.
5. Credits may not be exchanged for cash, transferred to a third party, or moved to another account.
6. Payment for paid Credits is processed through a payment processor designated by the Operator, and the User's credit card number is never stored on the Operator's server.
7. Due to the nature of digital content, no refunds are given for purchased Credits. However, if the Service could not be used normally due to a cause attributable to the Operator, individual arrangements will be made by contacting the contact point set forth in Article 24. If a refund is granted, it will be a full refund of the applicable transaction; partial refunds are not provided.
8. The fees, billing period, renewal and cancellation methods, and other conditions for recurring paid plans are displayed on the purchase screen or set forth in these Terms.

Article 12 (Restriction of Use and Cancellation of Registration)

1. If the User violates these Terms, or if the Operator reasonably determines that there is a risk of such violation, the Operator may, without prior notice, suspend generation, delete data, suspend the account, or cancel the registration.
2. The Operator is not liable for any damage incurred by the User as a result of the measures set forth in the preceding paragraph.
3. If registration is cancelled pursuant to paragraph 1, unused Credits become void and no refund will be given.
4. If the User believes that a Generated Output or the conduct of another user violates these Terms, the User may contact the contact point set forth in Article 24. The Operator will review the matter and take necessary measures.

Article 13 (Modification, Suspension, and Termination of the Service)

1. The Operator may modify the content of the Service, or add or discontinue part of its features, without prior notice to the User.
2. The Operator may temporarily suspend provision of the Service without prior notice in the event of a natural disaster, system failure, suspension of services provided by external providers, or other unavoidable circumstances.
3. If the Operator terminates the Service in its entirety, the Operator will announce the termination and the handling of unused Credits at least 30 days prior to the date of termination, by display within the app or by any other method the Operator deems appropriate.

Article 14 (Intellectual Property Rights)

All intellectual property rights in the programs, designs, text, and all other expressions constituting the Service belong to the Operator or to legitimate rights holders. These Terms do not transfer such rights to the User or grant a license to use them.

Article 15 (Disclaimer of Warranties)

1. The Service is provided "as is." The Operator does not warrant that the Service will be fit for the User's particular purpose, that it will have the expected functions, accuracy, or usefulness, or that it will be free from interruption or failure.
2. The Operator hereby informs the User in advance that the Service depends on services provided by External Generative AI and other third parties, and that the content of the Service may change or become unavailable due to changes in the specifications of, or suspension of provision of, such services.

Article 16 (Limitation of Liability)

1. Except in cases of willful misconduct or gross negligence on the part of the Operator, the Operator is liable only for ordinary and direct damages incurred by the User in connection with the Service.
2. In the case of the preceding paragraph, the amount of damages for which the Operator is liable shall be capped at the total amount of consideration paid by the User to the Operator in connection with the Service during the twelve (12) months preceding the occurrence of the event giving rise to such damages; provided, however, that if such total amount is less than JPY 3,000, the cap shall be JPY 3,000.
3. Except in cases of willful misconduct or gross negligence on the part of the Operator, the Operator is not liable for loss of business opportunities, loss of data, lost profits, or other indirect or special damages.
4. Any dispute arising between the User and a third party as a result of the use of a Generated Output shall be resolved by the User at the User's own responsibility and expense.

Article 17 (Exclusion of Anti-Social Forces)

The User represents and warrants that the User is not an organized crime group, a member of an organized crime group, or any other equivalent anti-social force. If the Operator determines that the User is in breach of the foregoing, the Operator may take the measures set forth in Article 12.

Article 18 (Notices and Communications)

1. Notices from the Operator to the User will be made by display within the app, push notification, email, or any other method the Operator deems appropriate.
2. Notices under the preceding paragraph are deemed to have reached the User at the time the Operator sends them.
3. Communications from the User to the Operator shall be made through the contact point set forth in Article 24.

Article 19 (Prohibition on Assignment of Rights and Obligations)

1. The User may not assign, transfer, or grant as security to any third party, in whole or in part, the User's status under these Terms or the rights and obligations under these Terms, without the prior written consent of the Operator.
2. If the Operator transfers the business relating to the Service to a third party, the Operator may, in connection with such business transfer, cause the status, rights and obligations under these Terms, and the User's information to be succeeded to by the transferee of such transfer, and the User hereby consents to the foregoing in advance.

Article 20 (Severability)

If any provision of these Terms, or any part thereof, is held invalid or unenforceable under applicable law, the remainder of such provision and the other provisions of these Terms shall continue in full force and effect.

Article 21 (Survival)

Even after the User ceases to use the Service, the provisions of Article 7, Article 9, Articles 14 through 17, Article 19, Article 20, and Article 23 shall remain in effect.

Article 22 (Modification of These Terms)

1. The Operator may modify these Terms pursuant to the provisions of Article 548-4 of the Civil Code of Japan.
2. If the Operator modifies these Terms, the Operator will make known the content of the modified Terms and the time at which they take effect, before such time arrives, by display within the app or by any other method the Operator deems appropriate.
3. Material changes that are disadvantageous to the User will, in principle, be made known at least 7 days before the date on which they take effect.
4. If, after the notice under the preceding paragraph, the User continues to use the Service, the User is deemed to have agreed to the modified Terms.

Article 23 (Governing Law and Jurisdiction)

1. The interpretation and application of these Terms are governed by the laws of Japan.
2. Any dispute arising between the Operator and the User in connection with the Service or these Terms shall be subject to the exclusive agreed jurisdiction of the Naha District Court as the court of first instance.

Article 24 (Business Operator Information and Contact)

The provider of the Service and the contact for inquiries regarding these Terms are as follows.

Provider: 垣花 恵祐
Contact: eightbeat8b@gmail.com

Matters relating to the sale of paid Credits are governed by the information set forth in the "Disclosure under the Specified Commercial Transactions Act."

You may also contact us via the "Bug Report" feature in the app; however, for matters requiring a response (refunds, requests for deletion of data, account deletion, etc.), the contact above shall be used.