TERMS OF SERVICE

Terms of Service

Chapter 1 General Provisions

Article 1 【Definitions】

In these Terms of Use, the following terms shall have the meanings set forth in the relevant items.

1."Terms of Use" means the Nudefusion Terms of Use.
2."Party A" means Nudefusion.
3."Party B" means a member of the Service.
4."Service" means Nudefusion Service.
5."Original Image" means an electronic image submitted to the Service.
6."Images, etc." means electronic images and electronic videos generated on the Service.
7."Material Data" means images and videos managed by Party A that can be used by Party B as materials when using the Service.

Article 2 【Application, etc. of the Terms of Use】

The Terms of Use are set forth for Party B's use of the Service provided by Party A. Party B may not use the Service if it does not agree to the Terms of Use.

Article 3 【Application and Modification of these Terms of Use】

1.Party A may change all or part of the Terms of Use at its discretion without prior notice to Party B, and may also newly establish terms or special conditions that supplement the Terms of Use (the said terms and special conditions also constitute a part of the Terms of Use). Any changes or additions to the Terms of Use shall become effective at the time they are posted on the website providing the Service, and any services provided after the effective date shall be governed by the Terms of Use after such changes or additions are made.
2.Party B shall fully understand the contents of the preceding paragraph and shall be obligated to check the latest contents of the Terms of Use on a regular basis, and shall be prohibited from asserting any ignorance, objection, or claim regarding any changes or additions to the Terms of Use against Party A.
3.Party A shall not be liable for any and all damages incurred by members, etc. as a result of changes or additions to the Terms of Use, regardless of whether such damages are direct or indirect, and whether or not they were foreseeable.

Article 4 【Use of the Service】

1.The Service is a platform that allows Party B to submit the Original Image(s) to the Service and, through the use of the image generation AI, perform image processing and generation. The Service only processes and generates images automatically by the image generation AI, and does not guarantee the operation of what images will be generated by the AI, nor does it assume any responsibility for the Images, etc. Also, the Service is an image conversion service, and the system will delete the Original Image and the Images, etc. after conversion. Therefore, the Service does not store any images. The generated Images, etc. are solely for Party B's personal enjoyment, and sharing the Images, etc. with or publishing the same to third parties is strictly prohibited.

2.The Service may be used only by those who comply with the applicable laws and regulations along with the Terms of Use.

3.The Service cannot be used by Party B if he/she is a minor.

4.There are free plans and paid plans for the Service, and the available functions differ depending on the type of plan.

5.Party A may restrict all or part of the functions of the Service, or permanently or temporarily suspend the use of the Service, without prior notice to Party B, if Party A determines that Party B falls under any of the following items. Party A shall not be obligated to refund the paid fees even if Party A takes actions based on this paragraph.

1.If Party B violates laws and regulations or the Terms of Use.
2.If Party B is a member of antisocial forces or a person related to antisocial forces.
3.If Party B has committed any act to damage Party A's credibility or obstruct its business by spreading rumors, using deception, force or other wrongful means.
4.In the event of insolvency, lack of assets, payment suspension, or payment incapacity, as well as when other user‘s credit concerns arise.
5.If Party B has been suspended from using the Service in the past.
6.In addition to the above, if Party A deems it appropriate to suspend the use of the Service or take other measures.

Article 5 【Membership Application and Formation of Contract】

1.A person who wishes to apply for membership in the Service (hereinafter referred to as "Prospective Member" in this Article) shall accept the Terms of Use and apply for membership in the Service in accordance with the procedures specified by Party A. Upon acceptance of the Terms of Use and completion of the transmission of the necessary information for application, a membership contract for the Service is established between Party A and the Prospective Member.

2.In addition to the Terms of Use, Prospective Member shall agree to the contents of the Service's privacy policy.

Article 6 【Rejection of Membership Registration by Party A】

In the event that Party B falls under any of the following, or Party A determines that Party B falls under any of the following, Party A may reject Party B's application as described in Paragraph 1 of the preceding Article, not accept the membership registration, and delete the data, etc. registered by the applicant from the server. In addition, if Party A or a third party suffers damages as a result of any of the following actions by Party B, the prospective registrant shall compensate Party A and the third party for such damages.

1.If the applicant's membership in the Service has been revoked or expelled in the past due to violation of the Terms of Use or other reasons.

2.If the applicant fails to complete the application procedures for the use of the Service as specified by Party A.

3.If the applicant fails to pay the amount owed for the Service by the due date as specified by Party A.

4.If there is a possibility of default of any of the obligations set forth in the Terms of Use (including failure to make payment to Party A).

5.If there is a possibility that the operation of the system of the Service may be interfered with.

6.If the applicant is an employee, etc. of Party A's competitor.

7.If Party A is disadvantaged in any way, either intentionally or through negligence.

8.If the applicant interferes with the operation of the Service.

9.If the applicant falsifies any information posted on the Service.

10.If Party A determines that Party B is a corporate entity rather than an individual.

11.If Party A determines that Party B has opened multiple accounts to use the Service.

12.If the applicant is recognized as belonging to anti-social forces such as organized crime groups, or if any of his or her related parties is recognized as belonging to anti-social forces such as organized crime groups.

13.If the applicant commits any of the prohibited acts set forth in the Terms of Use.

14.If the applicant violates any of the Terms of Use.

15.If Party A otherwise deems that there is a possibility of causing disadvantage to Party A and other members.

16.If Party A otherwise deems it inappropriate to register the applicant as a member, for example, if the applicant does not meet the conditions for use under the Terms of Use.

Party B shall apply for the membership with an understanding of this Article, and even if Party A rejects Party B's application as stipulated in Paragraph 1 of the preceding Article, does not accept the membership registration, or deletes the data registered by the said prospective registrant in accordance with this Article, Party A shall not be liable for any damage incurred by the said prospective registrant. However, this provision shall not apply in cases where the damage is caused by reasons attributable to Party A.

Article 7 【Change of Registered Information】

1.In the event of any changes to the registered information, Party B shall immediately make those changes himself/herself on the members-only page. Party B may not request Party A to make changes to the registered information via e-mail or inquiry form.

2.In the event that a notice or shipment, etc., sent by Party A to the registered information is delayed or fails to arrive because Party B has failed to submit the report described in the preceding paragraph, the notice or shipment shall be deemed to have arrived at the destination when it should normally have arrived.

Article 8 【Suspension of Membership, etc.】

1.If Party B falls under any of the following cases, Party A shall immediately stop providing the Service to Party B for any reason, and take necessary measures such as suspension of membership or expulsion of Party B without any notice. In the event of expulsion of Party B, the membership contract between Party A and Party B shall naturally be terminated prospectively. In addition, Party A may demand compensation for damages from Party B if Party B causes damage to Party A due to its violation of the Terms of Use or other reasons.

(1) If Party B makes a false declaration to Party A. (2) If Party B commits any act that violates the Terms of Use or any act that violates any law or regulation by using the Service. (3) If Party B commits any act that is or is likely to be in violation of the prohibitions set forth in the Terms of Use. (4) If Party B fails to make the necessary payment for the use of the Service. (5) If Party B falls into payment suspension or insolvency, or receives a dishonored disposition. (6) If Party A determines that Party B's credit situation has deteriorated. (7) If Party A determines that Party B falls under any of the items of Article 6. (8) If Party A otherwise deems Party B's use of the Service to be inappropriate.

2.Party A shall not be liable for any damage incurred by Party B as a result of the suspension or expulsion of Party B from the membership registration based on the preceding paragraph. However, this shall not apply in cases where the cause is attributable to Party A.

Article 9 【Termination by Party B】

1.If Party B wishes to terminate the membership agreement, he/she shall do so through the prescribed procedure on the members-only page.

2.When Party B makes a proposal based on the preceding paragraph, if a contract exists between Party A and Party B under which Party B has not performed its obligations, the membership contract between the two shall cease to be effective prospectively upon Party B's performance of its contractual obligations. When Party B makes a proposal based on the preceding paragraph, if there is no contract between Party A and Party B under which Party B has not fulfilled its obligations, the membership contract between the two shall cease to be effective prospectively upon receipt by Party A of Party B's proposal based on the preceding paragraph.

3.Even if the membership contract is terminated in accordance with the preceding two paragraphs, all obligations of Party B to Party A with respect to the Service shall not be extinguished until such obligations are fulfilled.

4.In the case of the preceding paragraph, there shall be no refund of any money already paid by Party B to Party A, and Party B agrees to this.

5.The manifestation of intent to terminate this contract shall be deemed to be a manifestation of intent to terminate all contracts for the Services associated with such contract.

6.Party B shall be responsible for backing up the data at the time of termination of the contract, and Party A shall not be involved in any way in the retention of the data after termination of the contract, and shall assume no responsibility whatsoever.

Article 10 【Notices, etc. from Party A】

When Party A judges that it is necessary to give notice, etc. to Party B, it shall give notice, etc. by e-mail or by posting on Party A's homepage, or by any other method that Party A deems appropriate from time to time.
In the case Party A sends the notice, etc. of Paragraph 1 by posting it on its homepage, the notice, etc. shall be deemed to have reached Party B as of the date it is posted on the homepage.
Party A shall not be liable for any damage caused by any failure of Party A's communications to arrive due to any falsehood, error, deficiency, incomplete change, etc. in the registration information submitted by Party B to Party A.

Article 11 【Establishment of the Scope of Provision of the Service】

1.Party A may, without special notice, change the scope of the Service to Party B or set restrictions on the Service.

2.The Service has a system where Party A evaluates Party B based on Party B's transaction performance and transaction details, and depending on this evaluation, Party A may change or set restrictions on the scope of the Service to Party B.

Article 12 【Usage Fees for Paid Plans】

1.Party B shall pay the usage fees determined separately by Party A in a manner determined separately by Party A.

2.Party B's usage fees are subject to change. In the event Party A changes the usage fees, Party A shall make the changed fees and the date of the change available to users on the Service. Whether or not the change in usage fees is applicable to existing paid plans, and if so, the start date of application (hereinafter referred to as the "Start Date of Application"), shall be separately determined and notified on the Service's website or by e-mail.

3.If an existing paid plan user to whom the change in usage fees under the preceding paragraph applies does not agree to the change in usage fees, he/she may refuse the change by indicating his/her intention to terminate his/her registration in accordance with Paragraph 3 of the following Article by the day before Start Date of Application. If the subject Party B has not indicated his/her intention to terminate the paid plan by the day before Start Date of Application, he/she shall be deemed to have agreed to the changed usage fees.

Article 13 【Usage Period of Paid Plans】

1.The usage period of a paid plan shall be the period specified by Party A for the plan selected by Party B at the time of registration.

2.The usage period of the paid plan shall be automatically renewed for the same period as the period specified in the preceding paragraph, with the renewal date being the day following such expiration date, unless the paid plan registration is terminated by the expiration date of the period specified in the preceding paragraph, except as otherwise agreed upon by Party A and Party B.

3.Party B may terminate the paid plan by indicating its intention to terminate in a manner determined by Party A.

4.The paid plan may be terminated at any time, but the paid usage fee will not be refunded even if the plan is terminated in the middle of the usage period. However, this does not apply when required by law.

Article 14 【Intellectual Property Rights】

1.All copyrights, patents, trademarks, and other intellectual property rights (hereinafter referred to as "Intellectual Property Rights") related to the Service belong to Party A or third parties who have licensed their rights to Party A.

2.Notwithstanding the provisions of the preceding paragraph, Party A shall not own any rights to the Images, etc. Party B may use the Images, etc. at its own risk to the extent that it does not violate the Terms of Use.

Article 15 【Responsibility of Party B】

1.Party B shall use the Service and the Images, etc. at its own responsibility and in accordance with the Terms of Use and laws and regulations, with full understanding of the following matters. Party B shall, at its own responsibility and at its own expense, settle any disputes with any third party arising from the use of the Service and the Images, etc., where it has infringed or may infringe the rights of such third party.
(1)The Images, etc. are generated using image generation AI, and therefore their certainty, completeness, truthfulness, accuracy, legality, etc. are not guaranteed due to their nature.
(2)Due to the nature of image generation AI, there is a possibility that other users may generate identical or similar images.
(3)Depending on the manner of use of the Images, etc., a third party may make claims concerning copyrights, publicity rights, portrait rights, honor rights, privacy rights, etc., or file criminal complaints, etc., based on various laws and regulations, in connection with the use of the Images, etc.

2.Party B shall view, manage, and store the Images, etc. and other data generated at its own responsibility.

Article 16 【Prohibited Matters】

1.Party A prohibits the following acts when a member uses the Service.

(1) Acts that infringe on Party A's or any third party's copyrights, trademarks, design rights, patent rights, utility model rights, or other Intellectual Property Rights

(2) Acts that infringe on Party A's or a third party's property rights, portrait rights, publicity rights, personal rights, honor rights, privacy rights, etc.

(3) Acts contrary to public order and morals

(4) Acts in violation of laws and regulations

(5) Criminal acts, acts connected with criminal acts, and acts that encourage criminal acts

(6) Acts that violate laws and regulations governing the distribution of child pornography, pornography, or obscene materials

(7) Posting of false information

(8) Actions that place an undue burden on Party A's servers

(9) Interfering with the operation of the Service

(10) Acts that alter or damage the Service

(11) Disassembling, decompiling, reverse engineering, or otherwise analyzing the Service or software provided by the Service

(12) Using the Service for purposes that are different from the original purpose of providing the Service

(13) Deletion, circumvention, or disabling of security, DRM, or other technical protection measures applied to the contents provided by the Service

(14) Acquiring or encouraging the acquisition of content in an unauthorized manner

(15) Acts that cause disadvantage to Party A or any third party

(16) Slandering, threatening, or harassing Party A or a third party

(17) Defaming the reputation of Party A or the Service

(18) Acts that discriminate or encourage discrimination against third parties

(19) Collecting and disclosing personal or privacy information without the consent of a third party

(20) Pre-election campaigning, election campaigning, or similar activities, as well as any activities in violation of the Public Offices Election Law

(21) Using the Service for the purpose of advertising the member's or a third party's business

(22) Using the Service for the purpose of soliciting pyramid schemes or multi-level marketing schemes

(23) Posting links that connect to outside of the Service

(24) Acts that interfere with Party A's business

(25) Registering false information in the Service

(26) Acts prohibited by the Terms of Use, etc.

2.Party A shall determine at its own discretion whether or not any of the prohibited acts set forth in the preceding paragraph applies, and Party A shall not be held accountable for its determination.

3.Party A may take any or all of the following actions without prior notice if it determines that a member's conduct falls under any of the prohibited conducts in Paragraph 1.

(1) Restrictions on use of the Service

(2) Expulsion from membership through termination of membership registration

(3) Any other acts Party A deems necessary

4.Party A shall not be liable for any loss or damage incurred by the member as a result of the actions described in the preceding paragraph.

5.Party A may demand compensation from the member for any and all damages, losses, and expenses (including legal fees and attorney's fees) incurred by Party A as a result of the member's violation of the Terms of Use, etc.

Article 17 【Display of Advertisements】

Party B understands and agrees that advertisements of Party A or third parties may appear on the Service.

Article 18 【Handling of Information to be Obtained】

1.Party A will handle Party B's personal information appropriately in accordance with the privacy policy stipulated by Party A.

2.Party A may use the information it obtains regarding Party B's use of the Service and other users' use of the Service for the purpose of providing, maintaining, and improving the Service and other services to be provided by Party A, planning and developing new services, and distributing advertisements on the Service and other services to be provided by Party A, by way of analysis and by other methods.

Article 19 【Change, Suspension and Termination of the Service】

Party A may change, suspend, or terminate the Service, in whole or in part, without prior notice to Party B.

Article 20 【Non-guarantee and Disclaimer】

1.Party A does not guarantee to Party B that the Service will operate properly and assumes no responsibility whatsoever.

2.Party A does not guarantee the certainty, completeness, truth, accuracy, legality, etc. of the Service and assumes no responsibility whatsoever.

3.Party A does not guarantee that the Service does not infringe on the Intellectual Property Rights or other rights of any third party or that the Service is suitable for any particular purpose, and assumes no responsibility whatsoever.

4.Party A shall not be obligated to store the Original Image or the Images, etc. Party A shall not be obligated to provide the Original Image or the Images, etc. to the user in the event that the Original Image or the Images, etc. are lost.

5.Party B agrees in advance that all or part of the Service may become unavailable due to changes in service content or operation of external services (including but not limited to Stable Diffusion and ChatGPT; hereinafter the same). Party A shall not be liable for any damages incurred by users in connection with the external services (including refund of paid usage fees).

6.In the event that Party A is liable to Party B for damages, Party B's liability shall be limited to the actual, direct and ordinary damages incurred by Party B as a result of Party A's default or tortious act, and up to the amount paid by Party B to Party A during the past one month. However, this excludes cases arising from Party A's willful misconduct or gross negligence.

7.The Service places importance on compliance with laws and regulations, and is operated with due regard to them. In the event of an inquiry from the police or other authorities regarding Party B's use of the Service, Party A shall disclose all information about Party B and shall take any and all steps to prevent crimes using the Service.

Article 21 【Relationship between Terms of Use and Laws and Regulations】

If any provision of the Terms of Use is held to be contrary to the Consumer Contract Act or other laws and regulations applicable to the contract between Party B and Party A concerning the Service, such provision shall not apply to the contract between Party B and Party A to that extent. However, even in this case, it shall not affect the validity of other provisions of the Terms of Use.

Article 22 【Governing Law, Court with Jurisdiction】

The Terms of Use shall be governed by and construed in accordance with the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising between the user and Party A regarding the Service.

Date of Last Update
1 May, 2024

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