Notice: This English version of the Terms of Use is created using translation software, so nuances may not be accurately conveyed. These Terms of Use are governed by Japanese law.
Article 1 (Purpose)
These Terms of Use stipulate the handling of the application software service “AI-KATA S2P” provided by Kidsplates Inc. (hereinafter referred to as “the Company”) when used by customers. However, the contents and specifications of AI-KATA S2P may be changed at the discretion of the Company.
Article 2 (Definitions)
The terms used in these Terms of Use are defined as follows:
(1) Service: Refers to the application software service “AI-KATA S2P” operated by the Company.
(2) Site: Refers to the website operated by the Company that provides information regarding the Service.
(3) Content: Refers to all content, including avatars, that can be used within the Service.
(5) Paid User: Refers to users of the Service who pay a monthly usage fee.
(6) Purchaser: Refers to users who purchase content available on the Service.
(7) User: Refers to individuals or corporations who have entered into a separate agreement with the Company and obtained a license to use the Service.
(8) Platform: Refers to the application stores through which the Service is provided, including the iOS App Store and Google Play Store.
Article 3 (Consent to These Terms of Use)
1. Users may use the Service only if they agree to these Terms of Use.
2. At the time a user downloads the Service to a PC or other device and completes the consent procedure for these Terms of Use, a usage agreement between the user and the Company shall be deemed to have been concluded in accordance with the provisions of these Terms of Use.
3. If the user is a minor, they must obtain consent from a parent or other legal guardian before using the Service.
4. If a minor user falsely claims to have consent from a legal guardian or falsely represents their age as being of legal age and uses the Service, or if they deceive the Company into believing they have full legal capacity, they may not revoke any legal actions related to the Service.
5. If a user who was a minor at the time of agreeing to these Terms of Use continues to use the Service after reaching the age of majority, they shall be deemed to have ratified all legal actions related to the Service.
Article 4 (Supported Specifications)
1. The available specifications for using the Service will be posted on the “Website.” While devices meeting these specifications may not always function as expected, please note that using devices that do not meet the posted specifications may result in the Service not functioning properly.
2. For iOS and Android devices, please check the device requirements listed on each platform (iOS App Store and Google Play Store) and use the Service accordingly.
Article 5 (Account Management)
1. Individuals wishing to register an account for the Service (hereinafter referred to as “Applicant”) must agree to these Terms of Use and follow the prescribed procedures for new account registration.
2. Upon completion of account registration, the individual becomes a user of the Service.
3. Users are responsible for managing the information they registered with the Service (hereinafter referred to as “Registration Information”), including their account (email address, password, etc.). Users are prohibited from allowing third parties to use, transfer, lend, or resell their Registration Information.
4. The Company will send notifications, advertisements, and other information to users via email.
5. The Company may cancel an account registration if any of the following conditions are met:
(1) The account was registered in a manner not specified by the Company.
(2) The individual has previously violated these Terms of Use or other terms set forth by the Company and has had their account canceled.
(3) The Company determines that the account was registered through fraudulent means.
(4) The account contains information that does not belong to the user.
(5) The Company otherwise deems the account to be inappropriate.
Article 6 (Unauthorized Use of Accounts)
1. If the Service is used with the registered information, the Company may treat such use as if it were performed by the individual who registered the account, and all results and responsibilities arising from such use shall be attributed to the account holder.
2. If unauthorized use of the registered information causes damage to the Company or third parties, the user shall compensate the Company and any affected third parties for such damages.
3. The user is responsible for managing their registered information, and the Company shall not be liable for any disadvantage or damage suffered by the user due to inaccurate or false registered information.
4. If the user discovers that their registered information has been stolen or is being used by a third party, the user must immediately notify the Company and follow the Company’s instructions.
Article 7 (Commercial Use and Organizational Use)
1. The Service is intended for personal enjoyment in accordance with these Terms of Use. If you wish to use the Service for commercial purposes or in an organizational setting, a separate agreement is required. Please contact the designated point of inquiry for further information. If it is found that the Service is being used for commercial purposes without entering into a separate commercial agreement, the Company may delete the account and suspend usage, and legal action may be taken.
The following are excluded from the definition of commercial use:
(1) Personal streaming and video uploads (including monetized content)
(2) Creation and publication of fan art and derivative works (for non-commercial purposes)
(3) Hosting community events (for non-commercial purposes)
(4) Posts related to the game on personal blogs or social media (when not monetized)
Article 8 (Fees and Payment)
1. For paid use of the Service and purchase of paid content, payment on the Company’s website is primarily through credit card. However, for purchases through the iOS App Store and Google Play Store, users must follow the payment methods provided by each platform.
2. The paid usage fees for the Service will commence from the date of the paid contract.
3. The paid contract period for the Service will automatically renew unless the user cancels their paid subscription, and the user agrees to this automatic renewal. Similarly, contracts on iOS and Android devices will also automatically renew in accordance with each platform’s terms.
4. Users can cancel their paid subscription and switch to a free plan at any time. However, if there is time remaining in the paid subscription period, the user can continue to use the paid plan until the end of the period. For cancellations through the iOS App Store or Google Play Store, please refer to the terms and procedures of each platform.
5. Users can issue invoices and receipts for purchased products via the system. However, for purchases through the iOS App Store and Google Play Store, invoices and receipts will be issued based on the functions provided by each platform.
Article 9 (Refunds)
1. When upgrading the Service, please note that the fees paid are non-refundable. Please carefully consider before upgrading. We recommend first using the free trial points, and only proceed with the payment for an upgrade if you find the paid service valuable.
2. When purchasing content within the Service, the fees paid are non-refundable. Please review the content carefully before making any purchases.
3. For content purchased through the iOS App Store or Google Play Store, refunds will be handled according to each platform’s refund policy.
Article 10 (Conditions for Using AI)
Users agree to the following conditions when using the Service:
(1) Users acknowledge that within the Service, AI can process images and record conversations.
(2) Users understand that information generated by the AI is not guaranteed to be accurate, and the Company shall not be held responsible for any outcomes resulting from such information.
(3) The Company shall not be liable for any damages incurred by the user or third parties as a result of using information generated by the AI.
Article 11 (Compliance with Terms for External Services and APIs)
Users must comply with the terms of use and privacy policies of external services and APIs (hereinafter referred to as “External Services and APIs”) when using them in conjunction with the Service. The Company assumes no responsibility for any issues arising from the use of External Services and APIs. Users are responsible for appropriately handling the use of External Services and APIs at their own discretion.
Article 12 (Intellectual Property Rights)
1. The intellectual property rights of all content (text, images, videos, programs, etc.) provided through the Service belong to the Company or the rights holders who have granted licenses to the Company.
2. Users are prohibited from reproducing, repurposing, redistributing, modifying, or selling these contents without prior permission from the Company.
3. Users shall not infringe the intellectual property rights of the Company or any third party by using the Service.
Article 13 (Handling of Personal Information)
Personal information and user information will be handled appropriately in accordance with the Company’s “Privacy Policy,” which is separately established.
Article 14 (Prohibited Actions)
In using the Service, the Company prohibits users from engaging in the following actions. If the Company determines that a user has violated any of the prohibited actions, it may take measures deemed necessary, including temporary suspension of service use, account deletion, or other actions:
(1) Acts that infringe on the intellectual property rights of the Company or third parties
(2) Acts that damage the reputation or credibility of the Company or third parties, or acts of unjust discrimination or defamation
(3) Acts that infringe on or threaten to infringe on the property of the Company or third parties
(4) Acts that cause economic harm to the Company or third parties
(5) Acts that threaten the Company or third parties
(6) Acts that use or induce the use of computer viruses or harmful programs
(7) Acts that place an excessive burden or stress on the Service’s infrastructure
(8) Attacks on the servers, systems, or security of the Company’s website
(9) Acts that attempt to access the Company’s services through means other than the interfaces provided by the Company
(10) Acts where a single user acquires multiple user accounts for fraudulent purposes, such as misuse or fraud
(11) Any other actions that the Company deems inappropriate
Article 15 (Disclaimer)
1. The Company assumes no responsibility for any damages resulting from changes, interruptions, or termination of the Service.
2. The Company is not involved in and assumes no responsibility for the user’s environment in using the Service.
3. The Company does not guarantee that the Service will meet the user’s specific purposes, expected functions, commercial value, accuracy, usefulness, compliance with applicable laws or industry regulations, or that the Service will be free of defects.
4. The Company does not guarantee that the Service will be compatible with all devices, and the user acknowledges that OS updates for devices may cause operational issues with the Service. The Company does not guarantee that any issues caused by such updates will be resolved through fixes provided by the Company.
5. The Company assumes no liability for any direct or indirect damages incurred by the user as a result of using the Service.
6. The Company shall not be liable for any loss of opportunity, business interruption, or any damages (including indirect damages or lost profits) incurred by the user or third parties, even if the Company was previously notified of the possibility of such damages.
7. The provisions of paragraphs 1 to 6 do not apply if the Company has committed willful misconduct or gross negligence, or if the user qualifies as a consumer under the Consumer Contract Act.
8. Even in cases where paragraph 7 applies, the Company shall not be liable for any special damages incurred by the user due to negligence (excluding gross negligence).
9. If the Company is liable for damages related to the use of the Service, its liability will be limited to the amount of fees received from the user during the month the damages occurred.
10. The Company assumes no responsibility for disputes or troubles between users. Users must resolve any disputes or troubles with other users at their own responsibility, and shall make no claims against the Company.
11. If the user causes damage to other users or a dispute arises with a third party in relation to the use of the Service, the user shall compensate for such damage or resolve the dispute at their own expense and responsibility, and shall not cause any inconvenience or damage to the Company.
12. If a third party claims damages against the Company due to the user’s actions, the user shall resolve the matter at their own expense (including legal fees). If the Company pays compensation to the third party, the user shall reimburse the Company for all costs, including legal fees and lost profits.
13. If the user causes damage to the Company in relation to the use of the Service, the user shall compensate the Company for such damage (including litigation costs and legal fees) at their own expense and responsibility.
Article 16 (Advertisement Placement)
Users acknowledge and agree that advertisements may be included in the Service, and that the Company or its partners may place advertisements. The form and extent of advertisements in the Service may be changed by the Company at any time.
Article 17 (Prohibition of Assignment of Rights)
1. Users may not transfer or assign their position under this agreement, or any rights or obligations under this agreement, to any third party without prior written consent from the Company.
2. The Company may transfer all or part of the Service to a third party at its discretion, and the rights and obligations related to the Service will be transferred to the transferee within the scope of the transferred rights.
Article 18 (Termination of Service)
1. The Company may terminate the Service at its discretion. In such cases, the Company will notify users at least one month in advance.
2. Notification of service termination will be provided within the Service or by any other method deemed appropriate by the Company.
3. Upon termination of the Service, the Company will refund the unused portion of fees already paid by users in accordance with the Company’s policies. The refund method and procedures will be notified separately.
Article 19 (Severability)
Even if any provision or part of this agreement is deemed invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions and parts of the agreement will continue to remain in full force and effect.
Article 20 (Method of Contacting the Company)
Inquiries and communications from users to the Company regarding the Service shall be made through the contact form provided within the Service or on the Company’s website, or by other methods specified by the Company.
Article 21 (Amendments to the Terms)
1. The Company may revise the contents of these terms at any time without obtaining the consent of users, and users shall agree to such revisions without objection.
2. When the Company revises the terms, it will notify users of the changes in a manner prescribed by the Company.
3. Users are deemed to have agreed to the revised terms when they continue to use the Service after the changes.
Article 22 (Governing Law and Jurisdiction)
1. The validity, interpretation, and performance of this agreement shall be governed by and construed in accordance with the laws of Japan.
2. Any disputes between the Company and the user shall be submitted to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court, depending on the amount of the claim.
Effective Date: July 1, 2024
Revised Date: September 27, 2024