Terms of Use

Article 1 General Terms of Use for the Service

1. These Terms of Use shall apply to the Service (defined in Article 2) between the User (defined in Article 2) and the Company. This Agreement governs all rights and obligations related to the use of the Service and applies to all such relationships.
2. Regulations, policies, guidelines, notices, Q&A, and other provisions other than these Terms published by the Company on this Service or Website (as defined in Article 2) (hereinafter referred to as 'Individual Provisions') shall constitute a part of these Terms. In the event of any inconsistency or conflict between the Individual Provisions and these Terms, the Individual Provisions shall take precedence.
3. By applying for the use of the Service or by using the Service, whichever occurs first, the User shall be deemed to have fully agreed to these Terms.

Article 2 Definitions

1. "Service" means the NEO CANVAS provided by the Company (if the name or content of the Service has been changed, including the service after such change).
2. "Website" means the website operated by the Company whose domain is " neo-canvas.com ", or any other domain controlled by the Company (if the domain or content of the Company's website has been changed, including the website after such change).
3. "User" means any entity or individual who accesses or uses the Service.
4. "User ID" means a code used in combination with a user password to identify the user and distinguish them from others.
5. "User Password" means a code used in combination with a user ID to identify the user and distinguish them from others.
6. "AI Generated Data" means text, images, videos, 3D models, audio, and other data generated by the Services using Generated AI technology.
7. "User Input Data" means text, images, videos, audio, and other data that users enter when using the Service.
8. "Credit" means the consideration for the use of the Services.
9. "Antisocial forces" means organized crime groups, organized crime group members, persons who have not been organized crime group members for five (5) years, quasi-constituents of organized crime groups, companies affiliated with organized crime groups, general assemblymen, and other groups or individuals who use violence, intimidation, or fraudulent methods to pursue economic benefits.
10. "Service Usage Agreement" means the agreement for use of the Service that contains these Terms of Use.
11. "Personal Information" means information that falls under the definition of personal information as stipulated in Article 2, Paragraph 1 of the Act on the Protection of Personal Information (Act No. 57 of 2003, hereinafter referred to as the "Personal Information Protection Act").
12. "Intellectual property rights" means copyrights, neighboring rights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the rights to obtain or apply for registration of such rights). Furthermore, in the case of copyright, it includes the rights stipulated in Articles 27 and 28 of the Copyright Act.

Article 3 User Registration

1. When the User intends to use the Service, they shall apply for user registration by providing the information required by the Company. In the application for user registration, the User must provide truthful, accurate, and up-to-date information to the Company. However, minors, adults under guardianship, those under curatorship, or those under assistance cannot register as users.
2. The Company may refuse to approve a user's application for registration if the User falls under any of the following items. In such cases, the company shall have no obligation to disclose the reasons.
   1. If it is discovered that the User has previously violated these terms and conditions and, for reasons such as this, has been subject to actions such as cancellation of user registration or termination of the contract.
   2. If the Company determines that the applicant is categorized as antisocial forces or is associated in any way with antisocial forces.
   3. If you have defaulted on a debt owed to the Company.
   4. If you disrupt or obstruct our operations, the provision of the Service, or the use of the Service by other users, or if we determine that you have engaged in or are likely to engage in any act that disrupts or obstructs our operations, the provision of the Service, or the use of the Service by other users.
   5. Any other circumstance in which the Company deems the registration inappropriate.
3. In the event that the Company approves a user registration application as stipulated in Paragraph 1 of this Article, the Company shall issue an account to the user, and upon such approval, a Service Usage Agreement shall be established between the Company and such user.
4. The User shall notify the Company without delay of any change in the information provided to the Company in the user registration application. In the event that notification from the Company is not received due to failure to so notify, such notification shall be deemed to have been received at the time when it should have been received.

Article 4 Management of User IDs and User Passwords

1. The Company may issue a user ID and password to the user, and the user shall manage and keep the user ID and password issued by the Company at his/her own risk, and shall not allow a third party to use, lend, transfer, change the name of, buy or sell, etc. such user ID and password. The Company shall not allow any third party to use, lend, transfer, change the name of, sell, or otherwise dispose of the user ID and password. When the Company verifies the matching of the user ID and password, the registered user holding that user ID and password will be considered as the one utilizing the service.
2. The User shall bear responsibility for damages caused by insufficient management of the user ID and password, errors in use, or use by a third party.
3. If the User discovers that their user ID or user password has been stolen or used by a third party, the user shall immediately notify the Company and follow the Company's instructions.

Article 5 Content of the Service

1. The User may use the Service in accordance with the provisions of these Terms of Use.
2. The User agrees in advance that the Service has plans as determined by the Company, and that the contents of each plan differ from one another.

Article 6 Points to Note When Using This Service

1. The preparation and maintenance of devices, software, other equipment, communication lines, and other communication environment, etc. necessary to use of the Service shall be at the user's expense and responsibility.
2. The user shall confirm the following matters and accept them without objection.
   1. The content and quality of AI-generated data depend on the User's skills and user input data, and if the User does not possess sufficient and useful skills or does not input sufficient and useful user input data, the content and quality of AI-generated data shall be affected.
   2. The User shall comply with the terms and conditions stipulated by the Company when using AI-generated data.
   3. There is no guarantee that the AI-generated data will have the contents and content intended by the user, and there is no guarantee that any intellectual property rights will be created for the AI-generated data.
   4. Commercial use of AI-generated data is not permitted (however, it may be allowed under the terms of specific plans).
3. The User represent and warrant to the Company that you have proper authority to use the user input data on the Service, that you will not infringe on any intellectual property rights, portrait rights, publicity rights, privacy rights, or other rights or interests, that you will not violate the Personal Information Protection Law or any other law or regulation, and that you will not violate or conflict with any agreement with any third parties. Furthermore, the user shall create and maintain backups of their user input data at their own responsibility.
4. The User shall not use user input data in connection with the Service that the Company deems to fall under any of the following categories.
   1. Data containing violent or cruel expressions.
   2. Data containing computer viruses or other harmful programs.
   3. Data containing expressions that damage the honor or credibility of the Company or third parties.
   4. Data obtained in violation of the Personal Information Protection Law or other laws.
   5. Data that infringes or may infringe upon intellectual property rights, portrait rights, privacy rights or other rights of third parties' data.
   6. Data including images, illustrations, etc. created by a third party other than yourself (this does not apply if you have obtained legal permission from the rights holder.)
   7. Data including expressions that promote discrimination.
   8. Data including expressions that promote suicide or self-harm.
   9. Data including expressions that promote inappropriate use of drugs.
   10. Data that includes antisocial expressions.
   11. Data that offends public order and morals.
   12. In addition to the above, data that the Company reasonably deems inappropriate.
5. With respect to any user input data that is deemed inappropriate by the Company, the Company may, at its discretion, suspend all or part of the functions of the Service, refuse to receive any user input data, or delete any user input data.
6. The User grants to Company a non-exclusive, indefinite, and free-of-charge license to use the user input data for the purpose of improving and enhancing the quality and functionality of the services (including the Service) provided by the Company, maintenance, support, etc. However, this shall not apply in the event that the Company stipulates otherwise as part of the contents of a specific plan for the Service.

Article 7 Prohibitions

1. Acts that infringe upon the intellectual property rights, portrait rights, publicity rights, privacy rights, honor, reputation, or any other rights or interests of our company, other users of this service, or third parties (including actions that directly or indirectly cause such infringements) are prohibited.
2. Interfering with the operation of the Service through illegal or disruptive activities conducted via the internet, including transmitting malicious programs such as computer viruses, engaging in reverse engineering, disassembling, decompiling, or any other unauthorized actions.
3. Acts related to criminal conduct or offenses against public order and morals.
4. Acts that violate laws and regulations.
5. Acts that intentionally utilize external tools or engage in unintended actions not originally sanctioned by the Company to obtain unauthorized benefits within the Service.
6. Acts of falsifying or altering information that can be used within the Service.
7. Acts carried out through the Service for commercial purposes unrelated to its intended use, or acts conducted in preparation for such commercial purposes.
8. Acts that may interfere with the Company's operation of the Service.
9. Acts of using this Service for the purpose of creating or preparing a service that imitates the Service.
10. Other acts that the Company deems inappropriate.

Article 8 Privacy Policy

The Company appropriately handles personal information in accordance with its established Privacy Policy, https://micro.neo-canvas.com/privacy-policy ,. The User agrees to the handling of their personal information in accordance with the Privacy Policy.

Article 9 Credit purchase and validity period

1. The User may purchase credits by paying a fee determined by the Company. Additionally, credits may be granted to users free of charge based on reasons specified by the Company.
2. Credits are valid for a period of one month from the date of purchase. The credit will not be refunded or exchanged for cash under any circumstances.
3. The User who purchases credits shall pay the corresponding fee to the Company in accordance with the method separately determined by the Company. The costs associated with payment shall be borne by the User. In the event of delayed payment, the User shall pay the Company late damages at an annual rate of 14.6%.

Article 10 Acts of violation of these Terms by the user

1. The User shall not violate the Terms of Use. If the User violates this Agreement, the Company may take measures against the User, including an injunction against the violation, suspension of Service use, or termination of the Service Usage Agreement. The User shall comply with such measures without objection.
2. If the User violates these Terms or causes damage to the Company in connection with the use of the Service, the User shall compensate the Company for all such damages, including reasonable attorney fees.
3. The Company shall not be liable for any legal claims or liabilities between the User and third parties arising from or related to the User's violation of these Terms of Use. The User who violates these Terms of Use shall be solely responsible for handling such claims or liabilities and must not cause any inconvenience or damage to the Company.
4. In the event that a legal claim, as described in the preceding paragraph, is brought against the Company and results in damages, the User shall compensate the Company for all such damages, including reasonable attorneys' fees.

Article 11 Company Disclaimer and Limitation of Liability

1. The Service, the Website, AI-generated data, and all related information are provided on an "as is" basis, and the Company makes no warranty that they will meet users' needs or be entirely free from defects. All users agree to use the Service at their own risk upon their own verification.
2. The Company makes no warranty of suitability for specific purposes, usefulness, completeness, accuracy, continuity, or any other aspect of the Service, the Website, or AI-generated data.
3. The Service may be provided in conjunction with external services. However, the User shall use such external services at their own responsibility and comply with the terms of use, etc. of such external services when using them.
4. The amount of damages that the Company shall be liable to compensate the User for, in connection with the Service or these Terms of Use, shall be limited to the total amount paid by the User to the Company in the past one (1) year from the time the damage occurred (or 10,000 yen if the total amount is 0 yen). The compensation shall be limited to ordinary damages directly and actually incurred by the User, excluding special, incidental, indirect damages, or lost profits. Furthermore, the Company shall not be liable to the User for any special, incidental, indirect damages, or lost profits. However, this limitation shall not apply in cases of intentional misconduct or gross negligence on the part of the Company.

Article 12 Termination of the Service Usage Agreement

1. If the User falls under any of the following circumstances, or if the Company determines that there is a possibility of such a situation, the Company may terminate this Service Usage Agreement without prior notice or demand to the User.
   1. If the Company determines that a violation of these Terms of Use has occurred or that there is a risk of such a violation.
   2. If the User obstructs the operation of the Service.
   3. If it is determined that all or part of the information provided to the Company contains false facts.
   4. If the User delay payment of the consideration for the credit and fail to cure such delay by the date specified by the Company.
   5. If the User suspends payments or becomes unable to make payments, or if a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or other similar procedures.
   6. If there is a significant deterioration in creditworthiness or a material business change that affects creditworthiness.
   7. If the User (limited to corporations) resolves to dissolve, merge with another company, or otherwise undergo corporate restructuring.
   8. If the User (limited to individuals) dies or receives a ruling for the commencement of guardianship, conservatorship, or assistance, and there is a reasonable cause to terminate the Service Usage Agreement.
   9. If the Company determines that the user is an antisocial force or is engaged in any interaction or involvement with antisocial forces, including providing financial or other support for the maintenance, operation, or management of such forces. Additionally, if it is discovered that a corporation or other entity is substantially controlled by antisocial forces.
   10. If the User has been subject to measures such as suspension of the Service in the past or is currently subject to such measures.
   11. If the Company determines that it is necessary for the operation and maintenance of this service.
   12. If the Company determines that there are other circumstances similar to the preceding items.
2. If the User falls under any of the circumstances listed in the preceding items, the User shall automatically lose the benefit of time with respect to all obligations owed to the Company (including, but not limited to, obligations under these Terms as well as compensation liabilities owed to the Company). Upon losing the benefit of time, the User must immediately fulfill all obligations to the Company.
3. Even after the measures based on Paragraph 1 have been taken, the User shall not be exempt from any obligations or liabilities related to the use of the Service owed to the Company or any third parties (including, but not limited to, compensation for damages).

Article 13 Modification, suspension, discontinuation, interruption, and termination of the service, etc.

1. The Company may modify, suspend, or discontinue the Service without prior notice or notification to the User.
2. The Company may suspend or terminate the operation of the Service without prior notice or notification to the User if any of the following circumstances arise.
   1. If it is determined that the provision of the Service is not possible due to unavoidable circumstances such as natural disasters, power outages, system failures, communication disruptions, user device malfunctions, or changes to unsupported devices.
   2. When regular or emergency maintenance is performed on equipment used for the Service.
   3. When the Service is suspected of being used for criminal activities or similar purposes.
   4. When the Company determines that the suspension or termination of this service is necessary for operational or technical reasons

Article 14 Intellectual Property Rights, etc.

1. All intellectual property rights and other related rights concerning this Service, this Website, this Service, and AI-generated data shall belong to the Company or those who have granted licenses to the Company. Except as expressly stated in these Terms, the permission to use this Service does not imply the transfer or licensing of these rights. However, this does not apply to rights that the User has previously held or where the Company has made separate provisions in relation to specific plans within this Service.
2. The User may not use this Service beyond the intended scope of use as defined by this Service.
3. The User grants the Company a perpetual, royalty-free, non-exclusive right to use the User Input Data and AI-Generated Data, to which the User holds rights, without geographical restrictions. This right includes, but is not limited to, the rights of reproduction, public transmission, distribution, lending, transfer, translation, screening, and adaptation (hereinafter referred to as 'Usage Rights' within this section). Furthermore, the User agrees not to assert moral rights against the Company or any third party designated by the Company. However, this shall not apply in cases where the Company has separately stipulated provisions regarding specific plans within this Service.

Article 15 Force Majeure

Article 16 Exclusion of Antisocial Forces

1. The User and the Company represent and warrant to the other party that they do not fall under the category of antisocial forces and that none of the following items apply to them.
   1. Having a relationship in which antisocial forces are recognized as controlling the management.
   2. Having a relationship in which antisocial forces are recognized as substantially involved in the management.
   3. Having a relationship in which antisocial forces are unjustly utilized for the purpose of securing illicit benefits for oneself, one's own company, or a third party, or for the purpose of causing harm to a third party.
   4. Having a relationship in which antisocial forces are recognized as being involved, such as by providing funds or offering conveniences.
   5. Having a relationship in which an officer or a person substantially involved in management has an association with antisocial forces that is subject to social condemnation.
2. The User and the Company covenant to the other party that neither they nor any third party acting on their behalf shall engage in any of the acts specified in the following items.
   1. Acts of violent demands
   2. Acts of unjust demands exceeding legal responsibilities
   3. Acts of making threatening statements or using violence in relation to transactions
   4. Acts of spreading rumors, using deception, or exerting force to damage the other party's credibility or disrupt the other party's business
   5. Other acts equivalent to the preceding items
3. The User or the Company may immediately terminate this Agreement without any prior notice if the other party breaches the representations and covenants set forth in the preceding two clauses. In such cases, the party that terminates the Agreement shall not be obligated to refund any usage fees or compensate for any damages incurred by the terminated party. Additionally, the terminated party shall compensate the terminating party for all damages suffered as a result of the termination.

Article 17 Assignment of Rights and Obligations

1. The User shall not assign, lease, or provide as collateral their status under the Service Usage Agreement or any rights and obligations arising therefrom to any third party without the prior written consent of the Company.
2. In the event that the Company transfers the business related to the Service to another company, undergoes a corporate split, or otherwise transfers its business (hereinafter referred to as 'Business Transfer, etc.'), the Company may transfer its status under these Terms, its rights and obligations under these Terms, as well as user information and other relevant information, to the transferee of such Business Transfer, etc. The User hereby agrees in advance to such transfer as stipulated in this clause.

Article 18 Surviving Provisions

Article 19 Amendment of the Terms of Use

Article 20 Governing Law and Jurisdiction

1. The governing law for legal matters related to these Terms and the Service Usage Agreement shall be Japanese law.
2. In the event that doubts, disputes, or issues cannot be resolved through consultation, litigation shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.