Terms of Service
Article 1 (Scope of Application)
The Terms apply to all relationships between the Company and the User arising from use of the Service. Any separate rules or guidelines the Company may post or notify in connection with the Service (collectively, "Individual Rules") form part of the Terms. If the Terms conflict with any Individual Rule, the Individual Rule shall prevail. By actually using the Service, the User is deemed to have agreed to all provisions of the Terms.
Article 2 (Account Registration)
Users must submit true and accurate information via the Company's registration form to apply for an account. An account is issued when approved by the Company. Persons under 18 years of age may not use the Service. Where the User is a legal entity, the applicant must have authority to bind that entity. The User shall strictly manage authentication information (ID, password, etc.) at its own responsibility and shall not lend, transfer, or share such information with any third party. Except in cases of the Company's intentional misconduct or gross negligence, the User shall bear all loss arising from leakage or misuse of authentication information.
Article 3 (Fees and Payment)
The Service is provided on a fee basis. Plans, billing units, payment methods, and service periods are as displayed on the Company's website. The User shall pay the fees by the due date shown on the invoice or payment screen using a credit card or other method designated by the Company. If payment is not made by the due date, the Company may, after notice, suspend the Service and charge a re‑activation fee to resume use. Except where required by law (e.g., statutory cooling‑off), fees already paid are non‑refundable.
Article 4 (Cancellation and Refunds)
For subscriptions, the User may turn off automatic renewal via the My Page at any time up to 24 hours before the next renewal date. The Service remains available until the subscription term ends. Credits purchased on a pay‑as‑you‑go basis are non‑refundable after purchase. If the User's account is suspended or deleted for breach of the Terms or applicable law, no refund or credit will be given for any remaining term or unused credits.
Article 5 (Prohibited Conduct)
The User shall not engage in any of the following when using the Service: Acts that violate laws, regulations, or public order and morals; Infringement of copyrights, trademarks, or other rights of the Company or third parties; Submitting false information during registration; Unauthorized use of another person's account; Mass extraction, redistribution, resale, or automated harvesting of AI output without the Company's permission; Acts that place excessive load on, reverse‑engineer, or scrape the Service, servers, or networks; Sharing authentication information or offering shared‑account services; Using generated content for multi‑level marketing, spam, phishing, or other malicious purposes; Generating or distributing illegal content such as illicit drugs, child exploitation, violence, or threats; Any other conduct the Company reasonably deems inappropriate.
Article 6 (Modification, Interruption, and Termination of the Service)
The Company may temporarily interrupt all or part of the Service without prior notice in the event of server maintenance, system failure, force majeure (natural disasters, fires, power outages, third‑party attacks, etc.), or similar circumstances. If the Company determines, for business reasons, to discontinue the Service, it will notify Users at least 60 days in advance via the website or registered e‑mail. The Company's liability for damages caused by interruption or termination of the Service is limited as set forth in Article 11.
Article 7 (Restriction or Deletion of Accounts)
If the Company determines that the User has violated the Terms, the Company may, without prior notice, suspend, restrict, or delete the User's account. If the User has been inactive for 12 months or more, or in the event of the User's death or the dissolution of a legal‑entity User, the Company may delete the account.
Article 8 (Rights in Generated Content)
The Service uses AI to generate text, images, etc. based on the User's inputs ("Generated Content"). The User may view, use, edit, and sell Generated Content at its own responsibility, provided that such use does not infringe copyrights, trademarks, or any other rights of third parties. The Company claims no intellectual‑property rights in Generated Content; however, the generation algorithms and models remain the intellectual property of the Company or its licensors. The User shall resolve, at its own cost and responsibility, any dispute with a third party arising out of Generated Content and shall hold the Company harmless.
Article 9 (Handling of Customer Data)
Ownership of data uploaded or input by the User into the Service ("Customer Data") remains with the User. The Company may process and analyze Customer Data only to the minimum extent necessary to provide and improve the Service. Unless separately agreed, the Company will not provide Customer Data to third parties in non‑anonymized form. The Company does not use Customer Data to retrain or fine‑tune its AI models, except that aggregated statistics may be collected for error analysis and quality improvement.
Article 10 (Disclaimer of Warranties)
The Service and Generated Content are provided "as is" and "as available," and the Company makes no warranties, express or implied, regarding fitness for a particular purpose, completeness, accuracy, or non‑infringement. The Company shall not be liable beyond the scope in Article 11 for any loss or damage arising from the User's inability to use the Service or Generated Content. The Company is not liable for internet connection failures, User device issues, or outages of external APIs.
Article 11 (Limitation of Liability)
The Company's total liability to any User shall not exceed the total amount of fees the User has paid to the Company in the preceding six (6) months. The Company is not liable for indirect, consequential, or incidental damages, including lost profits, opportunity losses, or data loss.
Article 12 (Privacy)
The Company handles personal information in accordance with its Privacy Policy. The Service may use analytics tools such as Google Analytics to collect anonymized usage statistics.
Article 13 (Third‑Party Services)
The Service may rely on third‑party services such as the OpenAI API. The Company is not liable for damages arising from the terms or outages of such services. If the User's breach of a third‑party service's terms causes the Company loss, the User shall indemnify the Company.
Article 14 (Fair Usage Policy)
To maintain service quality, the Company automatically monitors call frequency and generation volume. If the Company deems usage excessive, it may impose rate limits or require plan upgrades after notice to the User. Access deemed to be automated or robotic may be immediately blocked.
Article 15 (Amendment of the Terms)
The Company may revise the Terms at any time. Revisions will take effect on the earlier of (i) 30 days after posting on the Service or notifying Users by e‑mail, or (ii) the User's continued use of the Service after the revision.
Article 16 (Governing Law and Jurisdiction)
The Terms are governed by the laws of Japan. Any dispute arising out of or related to the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court for the first instance.
Article 17 (Notices)
The Company will provide notices to Users by posting on the website, in‑dashboard messages, or e‑mail to the address registered by the User. Notices are deemed delivered when posted or sent.
Article 18 (Severability and Entire Agreement)
If any provision of the Terms is held invalid under the Consumer Contract Act or any other law, the remaining provisions shall remain in full force and effect. The Terms constitute the entire agreement between the Company and the User regarding the Service and supersede all prior agreements, whether oral or written.
For inquiries about the Terms, please contact support@komachi.ai.
Last Updated: 2025年1月8日