Terms of Service

These Terms of Service (hereinafter referred to as "Terms") establish the terms regarding NitoAI (the Application) developed and operated by our company.

These Terms apply when you use the Application. By using the Application, you agree to these Terms.

1. Application

These Terms apply to all relationships between users and the Company regarding the use of the Service.

The Company may establish rules and other provisions (hereinafter referred to as "Individual Provisions") regarding the Service in addition to these Terms. These Individual Provisions shall constitute part of these Terms regardless of their name.

In the event of any conflict between these Terms and the Individual Provisions, the Individual Provisions shall prevail unless otherwise specified in the Individual Provisions.

2. Registration

Registration for the Service is completed when a prospective user agrees to these Terms, applies for registration through the method specified by the Company, and the Company notifies the prospective user of its approval.

The Company may refuse to approve registration applications if it determines that an applicant falls under any of the following circumstances, and shall not be obligated to disclose the reason:

The applicant has provided false information in the registration application
The applicant has previously violated these Terms
Any other circumstances where the Company deems registration inappropriate

3. User ID and Password Management

Users shall appropriately manage their Service user IDs, passwords, and external account login credentials at their own responsibility.

Users shall not transfer, lend, or share their user IDs and passwords with third parties under any circumstances. The Company shall consider any access using a combination of user ID and password that matches registered information, or through external account login, as use by the user who registered that user ID.

The Company shall not be liable for any damages caused by third-party use of user IDs and passwords, except in cases of willful misconduct or gross negligence by the Company.

4. Usage Fees and Payment

Users shall pay usage fees for the paid portions of the Service, as separately determined and displayed on the website by the Company, through the method specified by the Company.

If a user delays payment of usage fees, the user shall pay late charges at an annual rate of 14.6%.

5. Prohibited Actions

Users shall not engage in the following actions when using the Service:

Actions that violate laws or public order and morals
Actions related to criminal activities
Actions that destroy or interfere with the functionality of servers or networks of the Company, other Service users, or third parties
Actions that may interfere with the operation of the Company's services
Actions to collect or accumulate personal information of other users
Actions to attempt or carry out unauthorized access
Actions to impersonate other users
Actions that directly or indirectly provide benefits to anti-social forces in connection with the Company's services
Actions that infringe upon intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of the Company, other Service users, or third parties
Actions to post or transmit content that the Company determines contains or may contain the following expressions:
- Excessively violent expressions
- Explicit sexual expressions
- Expressions that lead to discrimination based on race, nationality, beliefs, gender, social status, family origin, etc.
- Expressions that induce or encourage suicide, self-harm, or drug abuse
- Other antisocial content that causes discomfort to others
Actions that the Company determines have or may have the following purposes:
- Commercial activities, advertising, solicitation, or other profit-seeking activities (except those approved by the Company)
- Activities related to sexual acts or obscenity
- Activities aimed at meeting or dating strangers of the opposite sex
- Activities aimed at harassing or defaming other users
- Activities aimed at causing disadvantage, damage, or discomfort to the Company, other Service users, or third parties
- Activities that use the Service for purposes other than its intended use
Religious activities or solicitation for religious organizations
Any other actions that the Company deems inappropriate

6. Suspension of Service

The Company may suspend or interrupt all or part of the Service without prior notice to users if it determines that any of the following circumstances exist:

When performing maintenance or updates on computer systems related to the Service
When providing the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
When computers or communication lines stop due to accidents
Any other circumstances where the Company determines that providing the Service is difficult

The Company shall not be liable for any disadvantages or damages suffered by users or third parties due to the suspension or interruption of the Service.

7. Copyright

Users may only use, post, or upload information such as text, images, and videos to the Service if they own the necessary intellectual property rights, including copyright, or have obtained permission from the necessary rights holders.

Copyright of text, images, videos, etc. posted or uploaded to the Service by users shall be retained by the respective users and existing rights holders. However, the Company may use such posted or uploaded text, images, videos, etc. as necessary for improving the Service, enhancing quality, correcting deficiencies, and promoting the Service, and users shall not exercise their moral rights regarding such use.

Except as provided in the preceding paragraph, all copyrights and other intellectual property rights concerning the Service and all information related to the Service belong to the Company or rights holders who have licensed their use to the Company, and users shall not reproduce, transfer, lend, translate, modify, reprint, transmit to the public (including making transmittable), transmit, distribute, publish, or use for business purposes without authorization.

8. Usage Restrictions and Account Deletion

The Company may delete posted data, restrict all or part of Service use, or delete user registration without prior notice if it determines that a user falls under any of the following circumstances:

Violation of any provision of these Terms
Discovery that registration information contains false information
Suspension of the credit card provided by the user as a payment method
Default on payment obligations
No response to Company communications for a certain period
No Service use for a certain period
Any other circumstances where the Company deems Service use inappropriate

In the event of any of the preceding items, users shall lose the benefit of time regarding all obligations to the Company and must immediately pay all obligations in full.

The Company shall not be liable for any damages incurred by users due to actions taken by the Company under this article.

9. Withdrawal

Users may withdraw from the Service through the withdrawal procedure specified by the Company.

10. Disclaimer and Limitation of Liability

The Company makes no express or implied warranties that the Service is free from factual or legal defects (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, rights infringement, etc.).

The Company shall not be liable for any damages incurred by users arising from the Service, except in cases of willful misconduct or gross negligence by the Company. However, this disclaimer shall not apply if the contract between the Company and users regarding the Service (including these Terms) constitutes a consumer contract under the Consumer Contract Act.

Even in cases specified in the proviso of the preceding paragraph, the Company shall not be liable for damages arising from special circumstances (including cases where the Company or users foresaw or could have foreseen the occurrence of damages) caused by the Company's negligence (excluding gross negligence) resulting in default or tort. Additionally, compensation for damages incurred by users due to the Company's negligence (excluding gross negligence) resulting in default or tort shall be limited to the amount of usage fees received from the user in the month when the damages occurred.

The Company shall not be liable for any transactions, communications, or disputes between users and other users or third parties regarding the Service.

11. Changes to Service Content

The Company may change, add to, or discontinue the Service content with prior notice to users, and users shall accept such changes.

12. Changes to Terms

The Company may change these Terms without individual user consent in the following cases:

When the changes to these Terms conform to the general interests of users
When the changes to these Terms do not conflict with the purpose of the Service usage contract and are reasonable in light of the necessity of changes, appropriateness of changed content, and other circumstances related to the changes

The Company shall notify users in advance of the intention to change these Terms, the content of the changed Terms, and their effective date when making changes pursuant to the preceding paragraph.

13. Handling of Personal Information

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

14. Notifications and Communications

Notifications and communications between users and the Company shall be conducted through methods specified by the Company. The Company shall consider currently registered contact information valid and send notifications and communications to such contact information unless users submit change notifications in accordance with separately specified procedures, and such communications shall be deemed to have reached users at the time of transmission.

15. Prohibition of Rights and Obligations Transfer

Users shall not transfer their contractual status or rights and obligations under these Terms to third parties, or provide them as collateral, without prior written consent from the Company.

16. Governing Law and Jurisdiction

These Terms shall be interpreted under the laws of Japan.

Any disputes regarding the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Company's head office.