This Agreement stipulates what registered users agree to regarding the use of the “cre8tiveAI” service (hereinafter referred to as “This Service”) provided by Radius5 Inc. (hereinafter referred to as “Company”).
When you use This Service, this “cre8tiveAI User Agreement” (hereinafter referred to as “This Agreement”) applies. Applicants are presumed to have agreed once they have registered, so make sure to read This Agreement before you use our service.
1. (General rules/ scope of application)
1. This Agreement stipulates the basic matters between registered users and Company regarding This Service provided and managed by Company for registered users.
2. This Agreement applies to Company and registered users regarding use of This Service.
3. When Company posts Separate Regulations, additional regulations, explanations, Q&A, or other usage conditions regarding This Service (hereinafter referred to as “Separate Regulations, etc.”) on Company’s website, those Separate Regulations, etc. constitute part of This Agreement. If they conflict with This Agreement, the Separate Regulations, etc. shall be given priority.
The terms given in 1-12 below are defined within This Agreement as established below.
(1) Service User Agreement
The contractual relationship regarding the use of This Service that exists between a registered user and Company when the registered user uses This Service.
A corporation, group, or individual wishing to use This Service.
(3) Registered user
A corporation, group, or individual that has concluded a “Service Usage Contract” with Company upon acknowledgment of This Agreement.
(4) User registration
The registration completed by an applicant following the method stipulated in Article 3 in order to become a registered user of This Service.
(5) Registered information
Information registered by applicants and registered users at the time of user registration according to Company’s stipulations, information Company asks registered users to register at our judgment during use of This Service, and additions or changes willingly made to such information by registered users.
(6) Sent data
Information entered or sent by registered users through This Service (including but not limited to images and other data).
(7) User ID
A code used in combination with a password to distinguish a registered user from other people.
A code used in combination with a user ID to distinguish a registered user from other people.
The user ID and password registered and issued to a registered user by Company in order to distinguish the registered user from other people.
(10) Company’s website
The website managed by Company, with the domain “__http://cre8tiveai.com.” (If Company’s website domain or content is changed, regardless of the reason, the changed domain is included.)
The name of the points registered users can receive through This Service using the method separately designated by Company.
(12) Intellectual property rights
Copyrights, patents, utility model rights, trademarks, design rights, and other intellectual property rights (includes the right to register these rights, or the right to apply for the registration, etc. of these rights).
1. By consenting to adhere to This Agreement and providing registration information through the means determined by Company, an applicant can apply to register to use This Service. If the registration procedure determined by Company is completed, the applicant’s registration as a registered user will be considered complete.
2. When the registration stipulated in the preceding paragraph is complete, a service usage contract following This Agreement will be established between the registered user and Company, and the registered user will be able to use This Service.
3. If any of the following applies, Company may refuse to register an applicant who has applied for registration according to Paragraph 1.
(1) Part or all of the registration information provided to Company contains falsehoods, errors, or omissions.
(2) The applicant in question has already had his or her membership revoked, or otherwise had his or her use suspended while using This Service.
(3) The applicant in question is a minor, an adult ward, a person under curatorship, or a person under limited guardianship who has not received permission from his or her legal representative, guardian, curator, or limited guardian.
(4) Company judges that the applicant pertains to an antisocial force, etc. (meaning a gang, gang member, right-wing group, or other proportionate entity; the same below), or that the applicant has any sort of interaction or involvement with an antisocial force, etc. such as by cooperating or being involved with support, operation, or management.
(5) Company otherwise deems the applicant unsuitable for registration.
4. (Changes to registered information)
1. If there are any changes to a registered user’s registered information, the registered user must promptly notify Company of those changes through the means determined by Company.
2. If any notifications from Company do not arrive due to the registered user’s negligence regarding the changes described in the previous paragraph, those notifications will be presumed to have arrived at the prescribed time.
5. (User ID and password management)
1. When user registration is complete, Company will issue an account to the registered user according to the usage plan separately determined by Company.
2. Registered users must take responsibility to manage and store their own user IDs and passwords, and must not lend, transfer, change the names of, sell, or otherwise permit third parties unauthorized by Company to use those IDs or passwords. When Company confirms the consistency of a user ID and password, it will be presumed that the registered user registered as the person with that user ID and password has used This Service.
3. Registered users are responsible for any loss of user IDs or passwords resulting from insufficient management, erroneous use, or use by third parties, and Company is not at all liable.
4. If a registered user ascertains that his or her user ID or password has been stolen or is being used by a third party, he or she must immediately notify Company and follow Company’s instructions.
6. (Conditions of use of This Service)
1. Under This Agreement or as separately determined by Company, registered users may use This Service within the scope of the purpose of This Agreement and to the extent that This Agreement is not violated. Registered users must also select one of the plans established by Company, and available service content will vary depending on the plan selected.
2. Registered users must bear the cost and responsibility of preparing and maintaining the devices, software, other equipment, communication lines, and other communication environments, etc. required in order to receive This Service.
3. When using This Service, registered users must take care to follow the Personal Information Protection Law and other applicable laws, not to violate third party copyrights, image rights, privacy rights, or other rights, and to take the measures required by applicable laws.
7. (Usage fees)
1. As payment for use of This Service, registered users must pay the fees displayed on Company’s website through the means separately designated by Company.
2. Registered users may change plans or join a plan at any time through the means separately designated by Company.
3. If a registered user delays payment of the usage fee described in Paragraph 1, the registered user must pay Company a delay penalty at a 14.6% yearly rate starting the day after the payment became overdue.
4. Company does not return usage fees, regardless of the circumstances.
8. (About use of This Service and granting of credits, etc.)
1. By paying the usage fee separately determined by Company, registered users can use This Service.
2. If a registered user joins the monthly subscription plan separately established by Company, on the joining date and every month after the joining date, Company will grant credits to that registered user (hereinafter “monthly subscriber”) in the form of points that can be used within This Service.
3. Monthly subscribers can use This Service by redeeming the credits granted to them according to the preceding paragraph. The required number of credits is as separately determined by Company.
4. Of the credits granted to them according to Paragraph 1, monthly subscribers can carry over the credits they did not redeem in the current month to use in the following month onward. However, granted credits will disappear when 180 days have passed after the date they were granted.
5. Except in cases separately determined by Company, monthly subscribers may not exchange credits for money or transfer credits to third parties.
6. Company does not refund credits, regardless of the circumstances.
9. (Prohibited behaviors)
Registered users must not engage in any of the following behaviors while using This Service.
(1) Behavior that violates or encourages violation of the law
(2) Fraudulent or threatening behavior toward Company or another third party
(3) Behavior that violates public order
(4) Behavior that violates the intellectual property rights, image rights, privacy rights, honor, or other rights or interests of Company or another third party
(5) Sending any of the following, or other data or information Company judges pertains to the following, to Company or a third party in relation to This Service:
* A. Information containing expressions of violence or cruelty
* B. Information containing a computer virus or other harmful program
* C. Information containing expressions that harm the honor or reputation of Company or a third party
* D. Information obtained in violation of the Personal Information Protection Law
* E. Information that violates or risks violating the copyright, image rights, privacy rights, or other rights of a third party
* F. Information containing obscene expressions
* G. Information containing expressions encouraging discrimination
* H. Information containing expressions encouraging suicide or self-harm
* I. Information containing expressions encouraging drug abuse
* J. Information containing antisocial expressions
* K. Other information Company judges inappropriate
(6) Behavior that places an excessive burden on This Service’s network, system, etc.
(7) Unauthorized access to any of the systems connected to This Service
(8) Impersonation of another registered user or a third party
(9) Use of the user ID or password of another user registered with This Service
(10) Linking an account from an organization not designated by Company
(11) Profit-sharing with an antisocial force, etc.
(12) Behavior that directly or indirectly provokes or facilitates any of the above behaviors
(13) Other behavior judged inappropriate by Company
10. (Service use suspension, etc.)
1. If Company ascertains any of the following regarding a registered user, Company may temporarily suspend that registered user’s use of This Service or revoke that registered user’s membership to This Service at Company’s discretion.
(1) Violation of any of the provisions of This Agreement
(2) Confirmed falsehoods in the registered user’s registered information
(3) Confirmed illicit use of Company’s designated payment methods, or suspension or voiding of payment by a payment service designated by Company
(4) Suspension of payment, insolvency, or declaration of commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or other similar proceedings
(5) The registered user has perished, or has received a ruling for commencement of guardianship, curatorship, or limited guardianship
(6) 30 or more days have passed without response to inquiries or other communications Company has requested a response to
(7) Any of the items in Article 3 Paragraph 3 apply
(8) Company judges it necessary for the management or maintenance of This Service
(9) Company judges that any other reason similar to the above applies
2. If any of the reasons listed in the preceding paragraph apply, the registered user will lose the benefit of due dates for all debts owed to Company as a matter of course, and must immediately pay all debts owed to Company in full.
3. Company is not liable for any damages registered users incur due to actions taken by Company in accordance with this article.
11. (Changes to, discontinuation of, or suspension of This Service)
1. Company may change all or part of the content of This Service without prior notice to registered users.
2. Company may discontinue the provision or management of all or part of This Service by notifying registered users at least one month in advance through the means deemed appropriate by Company. However, Company may not notify registered users in urgent cases.
3. In any of the following cases, Company may temporarily suspend part or all of This Service without prior notification to registered users.
(1) When conducting regular or emergency maintenance or repairs of hardware, software, or communication equipment for This Service
(2) When the services of a telecommunication carrier are unavailable
(3) When it is difficult to provide This Service due to a natural disaster or other force majeure
(4) When it is difficult to provide This Service due to a fire, power outage, or other unforeseen incident
(5) When it is difficult to provide This Service due to a war, conflict, upheaval, riot, labor dispute, etc.
(6) Other cases in proportion to the above in which Company otherwise deems it necessary
12. (Attribution of rights)
1. All intellectual property rights for the information, etc. provided by Company as part of This Service belong either to Company or to the parties who grant license to Company. Permission to use This Service based on This Agreement does not exceed the scope necessary in order to use This Service, nor does it include permission to use the intellectual property rights of Company or the parties who grant license to Company.
2. Regardless of the reason, registered users who have no received permission from Company may not engage in any behavior (including but not limited to disassembly, decompilation, and reverse engineering) that risks violating the intellectual property rights of Company or the parties grant license to Company.
3. Trademarks, logos, service marks, etc. (hereinafter collectively referred to as “Trademarks, etc...”) are sometimes displayed within This Service, but Company does not permit registered users to use those Trademarks, etc.. or to transfer them to third parties.
4. Registered users shall represent and warrant to Company that they have the legal right to acquire and send the data they transmit through This Service, and that these actions do not violate the rights of any third party.
5. The intellectual property rights to send data belong to the registered user or to the third party who has rights to grant rights to the registered user. The intellectual property rights does not transfer to Company by using This Service.
6. Registered users are presumed to agree in advance to Company’s use of their sent data within the scope necessary to provide This Service, to make updates or other functional improvements or additions, to create advertising materials, or to carry out promotional activities. Registered users agree in advance not to exercise their moral rights against Company or parties who have been transferred or granted rights by Company when Company and said parties use sent data within the scope of the preceding clause.
13. (Treatment of personal information)
2. Regardless of the stipulations of regulations other than This Agreement, Company may use sent data and other information registered users provide to Company, after processing it so that registered users and other individuals cannot be identified (this includes anonymizing personal information according to the definition of “anonymized information” in Article 2 Paragraph 9 of the Personal
Information Protection Law), in order to improve or develop Company’s services including This Service, and may also provide or disclose that information to third parties at Company’s discretion.
14. (Sending, modifying, and deleting data)
1. If Company deems any data sent through This Service inappropriate, Company may suspend part or all of the functions of This Service or refuse reception of data at our discretion.
2. If Company judges that any sent data pertains to any of the items in Article 9, Company may amend or delete part or all of that data or temporarily suspend publication of that data without obtaining permission from the registered user who sent that data.
3. Company is not liable for any damages incurred by registered users or third parties due to the measures described in the preceding two paragraphs.
15. (Effective period/ registered user unsubscription)
1. The effective period of the service usage contract is one month. If the registered user does not complete the procedure to unsubscribe according to the stipulations of Paragraph 2 by the last day of the effective period, the registered user’s membership will be automatically renewed for one month, and the same thereinafter.
2. Registered users may complete the procedure separately determined by Company to unsubscribe from This Service at any time. Once they have unsubscribed from This Service, registered users will no longer be able to use This Service.
3. All the credits held by a registered user will be lost when the registered user unsubscribes. Company will not refund or exchange any of those credits, or reimburse the registered user for any usage fees up until the last date of the effective period.
4. Even after unsubscribing from This Service, registered users are not exempt from any obligations or debts owed to Company or other third parties according to the service usage contract (including but not limited to damage compensation).
5. Anyone wishing to register for This Service again after unsubscribing must complete the registration procedure again. Registered users are presumed to agree in advance that credits and other data from before they unsubscribed will not be carried over after they complete the registration procedure again.
16. (Limitation of Liability)
1. If a registered user violates This Agreement or inflicts damages upon Company in relation to This Service, the registered user shall be liable for all damages (including lost profits, the cost of labor for resolving disputes, attorney fees, and other damages).
2. The scope of the damage burden Company must bear for damages registered users incur in relation to This Service is limited to direct, ordinary damages occurring in reality for reasons attributable to Company, and to a maximum of one month’s usage fees. Provided, however, that this shall not apply in cases of confirmed intent or gross negligence by Company.
17. (Disclaimer and exemption from warranties)
1. Company makes no guarantee of the accuracy, reliability, legality, novelty, or usefulness of the sent data processing, conversion, modification, editing, or other functions available through This Service.
2. Registered users agree not to hold Company liable even if their information disappears or is altered, or if their devices break down or are damaged through use of This Service.
3. Company has no obligation to manage or preserve sent data or any other information sent by registered users.
4. Company bears no responsibility to compensate any damages incurred by registered users due to disruption of, suspension of, termination of, or changes to This Service implemented by Company; nor due to the cancellation of user registration or the deletion or disappearance of registered information or sent data; nor due to any device breakdowns or damage occurring through use of This Service. 5. If a dispute occurs between registered users or between a registered user and a third party through a registered user’s use of This Service, the registered user must resolve the dispute at his or her own expense, and Company will not be involved.
18. (Agreement revisions)
1. Company may change This Agreement (including the rules regarding This Service posted on Company’s website, and other regulations, etc; the same applies for the rest of this article below).
2. If Company makes an important change to This Agreement, Company will notify registered users of the changed content. If a registered user uses This Service or does not complete the procedure to unsubscribe within the period determined by Company after being notified of that change, it will be presumed that the registered user has agreed to the changes to This Agreement.
19. (Communications/ notifications)
Inquiries regarding This Service and other communications or notifications from registered users to Company, as well as notifications of changes to This Agreement and other communications or notifications from Company to registered users, must be transmitted through the means determined by Company.
20. (Transfer of the service usage contract status)
1. Registered users may not transfer (including comprehensive succession through a merger, corporate division, etc.) all or part of the status, rights, or duties conferred to them in the service usage contract to third parties, nor may they present said status, rights, or duties as collateral without advance written approval from Company.
2. If Company transfers the business of This Service to another company, Company may also transfer the status, rights, and duties assigned in the service usage contract, along with customer information such as the registered information of registered users, to the transferee of the business transfer, and registered users are presumed to agree in advance to this paragraph concerning the transfer. The business transfer described in this paragraph includes comprehensive succession through a merger, corporate division, etc. in which Company becomes extinct or split.
Even if any of the provisions of This Agreement are deemed partially or completely void or unenforceable according to the Consumer Contract Act or another law, the remaining provisions of This Agreement and the remaining parts of the provisions that were deemed partially void or unenforceable shall remain in full effect. Company and registered users must amend the void or unenforceable provisions or parts within the scope necessary to make them legal and enforceable, and must strive to maintain the intent of the void or unenforceable provisions or parts while ensuring equivalent legal and economic effectiveness.
22. (Continuous provisions)
The provisions of Article 5 Paragraph 3, Article 7 Paragraphs 3 and 4, Article 10 Paragraph 3, Article 12, Article 13 Paragraph 2, Article 14 Paragraph 3, Article 15, Article 16, Article 17, Article 20, Article 21, this Article, and Article 23 will continue to be effective even after the service usage contract ends.
23. (Applicable laws and agreed jurisdiction)
The applicable law of This Agreement is Japanese law, and the Tokyo District Court shall be the first exclusive agreement jurisdictional court for all disputes originating from or related to This Agreement or the service usage contract.
24. (Resolution through consultation)
If issues not determined by This Agreement or doubts regarding the interpretation of This Agreement arise, Company and registered users must endeavor to promptly resolve the situation upon mutual consultation following the principle of good faith.
Established 15 02, 2019
Note : This Agreement has been prepared and executed in the Japanese language. This English translation is only for your reference purpose. In the event of any discrepancy between the Japanese original and this English translation, The The Japanese original shall prevail over any translation thereof.