Terms of Service (End User License Agreement)

InstaGenic

These Terms of Service (hereinafter referred to as "Terms") govern the use of the InstaGenic application (hereinafter referred to as "Application" or "Licensed Application") provided by Akira Kawata (freeweb) (hereinafter referred to as "we," "us," or "our"). By downloading or using the Application, you agree to be bound by these Terms.

Article 1 (Scope of Application and Relationship with Apple)

1. These Terms shall apply to all relationships between users and us regarding the use of the Application.
2. You and we acknowledge that these Terms are concluded between you and us only, and not with Apple.
3. We are solely responsible for the Application and its content, and Apple has no responsibility whatsoever.
4. These Terms apply to the extent they do not conflict with the usage rules in the Apple Media Services Terms and Conditions as of the Effective Date.

Article 2 (Scope of License)

1. We grant you a non-exclusive, non-transferable, non-sublicensable right to use the Application solely for personal use (hereinafter referred to as "License").
2. The License is limited to use on Apple-branded products that you own or control.
3. The License is subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions, and permits the Licensed Application to be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
4. The License is limited to the use of the Application in object code form only, and does not include access to the source code.
5. You shall not:
   • Reverse engineer, decompile, disassemble, or extract the source code
   • Modify, create derivative works from, or translate the Application
   • Redistribute, sell, lend, rent, or sublicense the Application
   • Copy the Application (except as permitted)
   • Use the Application on multiple devices simultaneously without using the same Apple ID or Google account
6. You must delete the Application if transferring or selling the device.

Article 3 (Maintenance and Support)

1. We are solely responsible for providing maintenance and support services with respect to the Application.
2. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
3. If you need support, please contact us using the contact information at the end of these Terms.

Article 4 (Warranty)

1. We do not expressly or implicitly warrant that the Application is free from defects in fact or law (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, or rights infringement).
2. The Application is provided "AS IS," and we make no warranties regarding its quality, performance, or accuracy.
3. To the extent not effectively disclaimed, we are responsible for any product warranties, whether express or implied by law.
4. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you.
5. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
6. We do not guarantee the quality, suitability, or conformity to your expectations of AI image generation results. Refunds will not be provided even if you are not satisfied with the generated results (except where Apple provides a refund).

Article 5 (Product Claims)

1. You and we acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of the Application.
2. This includes, but is not limited to:
   • Product liability claims
   • Any claim that the Application fails to conform to any applicable legal or regulatory requirement
   • Claims arising under consumer protection, privacy, or similar legislation
3. These Terms may not limit our liability to you beyond what is permitted by applicable law.

Article 6 (Intellectual Property Rights)

1. All intellectual property rights (copyright, trademark, patent rights, etc.) related to the Application belong to us or legitimate third parties.
2. The copyright of images generated by you using the Application belongs to you, except in the following cases:
   • Rights related to the original input image (assuming you have copyright or lawful usage rights)
   • Cases where the content infringes upon third-party intellectual property rights
   • Cases where the content is contrary to public order and morals
3. You grant us a free, non-exclusive right to use generated images in an anonymized form for purposes such as improving the Application's quality, marketing, and case studies.
4. In the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Article 7 (Legal Compliance)

1. You represent and warrant that:
   • You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country
   • You are not listed on any U.S. Government list of prohibited or restricted parties
2. You are responsible for complying with all applicable laws and regulations when using the Application.

Article 8 (Third Party Terms of Agreement)

1. When using the Application, you must comply with applicable third party terms of agreement (such as your wireless data service agreement).
2. You shall not:
   • Engage in acts that violate laws or public order and morals
   • Engage in acts related to criminal activity
   • Engage in acts that infringe upon the intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of us, other users, or third parties
   • Generate, store, or share images containing:
     • Illegal content (child pornography, violence, abuse, etc.)
     • Discriminatory content or hate speech
     • Content that infringes upon third-party rights
     • Content contrary to public order and morals
     • Content that invades others' privacy
   • Destroy, interfere with, or restrict the functions of the Application's servers or networks
   • Attempt to bypass or disable the Application's security features
   • Impersonate other users
   • Send spam, chain letters, or unwanted advertisements
   • Abuse AI image generation features (massive requests, DoS attacks, etc.)
   • Other acts deemed inappropriate by us

Article 9 (Usage Restrictions and Account Suspension)

1. We may, without prior notice, restrict all or part of the use of the Application to you or suspend your account in the following cases:
   • Violation of any provision of these Terms
   • Discovery of false information in registration details
   • Failure to fulfill payment obligations
   • No response to our contact for a certain period
   • No use of the Application for a certain period since last use
   • Other cases where we deem the use of the Application inappropriate
2. We assume no responsibility for any damages caused to you by measures taken under this article.

Article 10 (Payment and Billing)

1. Some features of the Application are provided as paid subscription services (hereinafter referred to as "Premium Plan").
2. The Premium Plan fees, payment methods, and billing cycles shall be as displayed within the Application or on the App Store/Google Play Store.
3. Subscriptions automatically renew. You can disable automatic renewal through the App Store or Google Play Store settings up to 24 hours before the next renewal date.
4. We do not provide refunds for fees already paid in principle. However, this does not apply when required by law, when Apple provides a refund, or when specially approved by us.
5. Billing issues shall be resolved in accordance with the terms and policies of the App Store or Google Play Store.

Article 11 (Limitation of Liability)

1. Notwithstanding the preceding article, except in cases of willful misconduct or gross negligence on our part, our liability for damages shall be limited to the total amount of fees paid by you to the Application in the most recent 3-month period (or 1,000 yen if such amount is less than 1,000 yen).
2. We assume no responsibility for indirect damages, lost profits, special damages, or punitive damages.
3. We assume no responsibility for damages caused to you by temporary suspension, modification, or discontinuation of the Application's features.
4. We assume no responsibility if images generated by you infringe upon third-party rights. You shall judge at your own responsibility whether the images can be used.

Article 12 (Changes to Service Content)

1. We may change, add, or discontinue the content of the Application with prior notice to you, and you agree to this.
2. We may suspend or discontinue all or part of the Application without your individual consent in the following cases:
   • When performing maintenance or updates to the computer system related to the Application
   • When the provision of the Application becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
   • When computers or communication lines are stopped due to accidents
   • Other cases where we judge that the provision of the Application is difficult
3. We assume no responsibility for any damages caused to you by measures taken under this article.

Article 13 (Changes to Terms of Service)

1. We may change these Terms at any time without notifying you if we deem it necessary.
2. The revised Terms of Service shall take effect when posted within the Application or on our website.
3. You who continue to use the Application after changes to these Terms are deemed to have agreed to the revised Terms.

Article 14 (Handling of Personal Information)

We handle personal information acquired through the use of the Application in accordance with our Privacy Policy.

Article 15 (Notifications and Communications)

1. Notifications or communications between you and us shall be conducted in the manner specified by us.
2. Unless you submit a change notification in the manner separately specified by us, we deem the currently registered contact information as valid and send notifications or communications to that contact information, which shall be deemed to have reached you at the time of dispatch.

Article 16 (Prohibition of Assignment of Rights and Obligations)

You may not transfer or assign your contractual position under the usage agreement or rights or obligations based on these Terms to third parties or use them as collateral without our prior written consent.

Article 17 (Governing Law and Jurisdiction)

1. Japanese law shall be the governing law for the interpretation of these Terms.
2. In the event of disputes regarding the Application, the Chiba District Court shall be the exclusive agreed jurisdiction for the first instance.

Article 18 (Severability)

Even if any provision or part thereof of these Terms is determined to be invalid or unenforceable by the Consumer Contract Law or other laws, the remaining provisions of these Terms and the remaining parts of provisions determined to be invalid or unenforceable shall continue to remain in full force and effect.

Article 19 (Third Party Beneficiary)

1. You and we acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms.
2. Upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Article 20 (Entire Agreement)

These Terms constitute the complete agreement between you and us regarding the use of the Application and supersede all prior agreements, representations, and understandings, whether oral or written, concerning matters contained in these Terms.

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