These Terms of Use (hereinafter referred to as "these Terms") stipulate the conditions of use for the service "pAInter (hereinafter referred to as "the Service")" provided by pAInter Inc. (hereinafter referred to as "our company") on this website (including related applications in case such applications are created).
Users of this service (hereinafter referred to as "Users") must agree to these terms before using this service. Please abide by these terms.
Section 1 Definition of Terms
In these Terms, the following terms shall refer to the matters set out in the relevant paragraphs.
Section 1 Scope of Application
These Terms and Conditions stipulate the rights and obligations and division of roles between the Company and users regarding the use of the Service, and unless otherwise specified, shall apply to all transactions between the Company and users (including both registered users and guest users) related to the Service.
Section 2 Individual Provisions
In addition to these Terms and Conditions, if there are separate rules, individual conditions, consent items, disclaimers, prohibitions, privacy policies, and other provisions published on the Service regarding the use of the Service, those provisions shall constitute a part of these Terms and Conditions and apply to users as a whole together with these Terms and Conditions. However, in the event of a conflict between these Terms and those provisions, those provisions shall take precedence over these Terms and Conditions with respect to matters related to those provisions.
Paragraph 1 Changes to Terms
When there is a need for change and the content of the change is appropriate, the Company may change these Terms at any time within a reasonable scope without the prior consent of the User, for the purpose of maintaining and improving the quality of the Service. When changes are made to these Terms, the User shall be deemed to have agreed to the content of the change, unless the User immediately objects.
Paragraph 2 Announcement of Changes
When changing these Terms, the Company shall announce on the Service that the change is being made, the content of the changed Terms, and the effective date of the change, and shall notify Users in advance with a reasonable period of time, except in cases of emergency or unavoidable circumstances. However, if there is not a reasonable period between the time of announcement and the effective date, the change shall automatically become effective after the said period has elapsed.
Section 1 Contact and Notification
When a user contacts or notifies the Company, or when the Company contacts or notifies a user, the Company shall do so in a manner separately designated by the Company. However, the Company may substitute notification to individual users by publishing the information on the Service.
Section 2 Deemed Delivery
When the Company contacts or notifies a user at a contact address provided by the user in advance, the contact or notification shall be deemed to have arrived at the time it would normally arrive, regardless of whether the user actually receives it.
Section 3 Non-Delivery and Delay
The Company shall not be liable for any damages incurred by the user due to non-delivery or delay in the delivery of contact or notification from the Company to the user, except in cases where the Company is attributable to the Company.
Paragraph 1 User Registration
This service can be used by registering as a member in the manner prescribed by this service. If you do not register as a member, you may be restricted in all or part of your use of content viewing and posting, communication with other users, and events held by our company. However, even if you have not registered as a member, you will be deemed to have agreed to these terms when you access and start using this service, and you will not be able to use the content on this service in violation of these terms.
Paragraph 2 Registration Information
The user must register as the person who will be using this service, and provide our company with true, accurate, and up-to-date information. If there are any changes to the registration information provided to our company at the time of registration, the user must promptly notify our company of the changes and the details of the changes in the prescribed manner. Our company is not liable for any damages caused by failure to notify or by registering false or inaccurate information.
Section 3: How to Register
Users can register to use the Service using the following methods. If the use of an external service or data integration with an external service is required to register, the user must make the necessary settings for that external service at their own responsibility. Furthermore, the Company shall not be held liable for any disruption to the use of the Service due to changes in the terms of use or specifications of that external service.
If a user falls under any of the following circumstances, or if the Company deems that such a case may occur, the Company may refuse or temporarily suspend the registration of the user. When refusing or suspending a user's registration, the Company is not required to clearly indicate the reasons for refusal or suspension, the factual basis, or the applicable relationship.
Section 1 Management of Registration Information
When the user is issued or notified by the Company of authentication information that authenticates the user's right to use this service, or when the user registers by linking data with an external service, the user must properly manage the authentication information necessary to use the external service in order to prevent loss or leakage.
Section 2 Maintenance of Account
In principle, each user may register only one account. However, if the purpose is to distinguish between different styles or names and does not violate other provisions of these Terms, multiple accounts may be registered and used simultaneously within the scope necessary. Furthermore, the user may not transfer, lend, or set as security the right to use this service to a third party without the prior consent of the Company.
If a user loses or leaks authentication information for this service, or if there is a possibility of this happening, the user must immediately report this to the Company and request that the membership related to the loss or leak be suspended, interrupted, reissued, or take other measures. In this case, the Company shall not be liable for any damages that may be incurred by the user due to unauthorized use of the authentication information by a third party, unless there is a reason attributable to the Company.
Section 1: Building the Usage Environment
When using this service, the user must prepare the necessary information and communication terminal, operating system, browser, Internet connection, and other usage and communication environments to connect to this service. The Company shall not be liable for damages caused by operational and communication failures caused by or related to the usage or communication environment built by the user, except in cases where the Company is responsible for such damages.
Section 2: No guarantee of functionality
The Company does not represent or guarantee that there are no defects, malfunctions, errors, bugs, or specification defects in the specifications and operation of this service, or that the reliability, accuracy, completeness, validity, or availability of such specifications and operations are free.
Section 3: Ensuring security
When connecting to this service, the user must update their antivirus software, operating system, browser, etc. to the latest version and endeavor to use an encrypted communication environment in order to prevent unauthorized attacks or intrusions by third parties against this service or the user's account, and must not engage in any acts that pose security risks. Even if a user incurs damages due to these security flaws, the Company shall not be liable unless there is a reason attributable to the Company.
Section 1 Viewing Content
Users may view content and prompts posted by themselves or other users on the Service. However, if they wish to download the content or copy it by taking screenshots or otherwise use the content, they must obtain the prior consent of the user who posted the content and the rights holder of the content, except in cases of personal use, quotation, use in the review process, use in information analysis, or other copyright restrictions.
Section 2 Viewing Prompts
By registering as a member, users may view and obtain other users' prompts and negative prompts.
Section 3 Posting Content
By registering as a member, users may post content generated by image generation AI on the Service. When posting, users agree to the publication of the prompts and negative prompts used in generating the content in the designated form, unless otherwise specified.
Section 4 Posting Adult Content
When posting content that includes adult content, users must post it with the category "R-18" or "R-18G" depending on the content and level of the content. Even in this case, if the content contains excessively cruel, excessively violent, excessively obscene or lewd, or offensive or discriminatory language, or if the Company deems it necessary, the Company may delete the post without prior notice.
Section 5 Giving "Likes"
Users can give "Likes" to other users' posts by registering as a member.
In the event of any of the following reasons, the Company may temporarily suspend the provision of all or part of the Service. However, if the reason is not urgent and will have a significant impact on the User's use of the Service, the Company will publicize or notify the User of the suspension in advance.
Paragraph 1 No Guarantee of Content
With regard to the content posted by users on this service, our company makes no representations or guarantees as to the ownership or permission of intellectual property rights, the existence of a violation of contract with a third party, the existence of a violation of laws and regulations, or the existence of a violation of these Terms of Use, etc., and such matters shall be handled at the user's own risk.
Paragraph 2 Dispute Resolution
Even if a dispute arises between a user and a third party regarding the content posted by the user, our company shall not be liable to compensate the user for any damages incurred, nor shall it be liable for any involvement in such a dispute. However, if deemed necessary for the operation of this service, we may request that the user provide materials related to the dispute.
Paragraph 1 Violation of External Terms
When posting content generated by Stable Diffusion, Waifu Diffusion, NovelAI, Trinart, Midjourney, DALLe-2, Ernie-vilg, Unstable Diffusion, Hentai Diffusion or other image generation AI to this service, users must comply with the terms of use, content policy, privacy policy, and other terms of use set forth by the third party providing the image generation AI (hereinafter referred to as the "Licensor"), and must not use the content on this service in violation of the terms of use. Furthermore, if users receive a request from the Licensor to stop publishing content, they must promptly comply with the request, take the necessary measures, and notify the Company accordingly.
Section 2 Credit Notation
If the terms of use for the image generation AI that generated the posted content require the user to credit the licensor, add a watermark, or add a specific message, the user must follow those instructions, and must not post the content to the service in a manner that violates those terms of use by illegally disabling technical protection measures such as watermarking.
Section 3 Prohibition of Infringement of Rights
Except when the user has obtained permission from the Company in advance, the user must not infringe the rights of the copyrighted works of the service (as separately stipulated for the content posted by the user) or intellectual property such as trade names, trademarks, and designs by copying, transferring, adapting, publicly transmitting, or making available for transmission, or by illegally analyzing them by reverse engineering, disassembling, or decompiling.
Section 4 Prohibition of posting of content containing specific expressions
Users may not post content containing adult expressions, excessively cruel expressions, excessively violent expressions, excessively obscene or lewd expressions, or content containing offensive or discriminatory expressions against specific individuals or groups. The same applies to content containing expressions that fall under the definition of "child pornography" as defined in Article 2, Paragraph 3 of the Act on Punishment of Acts Relating to Child Prostitution and Child Pornography and Protection of Children (Act No. 52 of May 26, 1999) for generated images that may be mistaken for live-action images. In cases where the above expressions apply or where the Company deems it necessary, the Company may delete the post without prior notice.
Section 5 Other Prohibitions
The Company prohibits users from engaging in any of the following acts in relation to the use of the Service. If such conduct is found to have occurred, the Company may take measures against the user in accordance with the provisions of these Terms of Use, and may also seek civil claims, such as an injunction to stop the conduct and a claim for damages, as well as criminal proceedings.
Paragraph 1 Cancellation, Suspension, etc. of Use Rights
When a user violates any of the preceding Articles (Prohibitions) or is deemed likely to violate them, the Company may cancel, withdraw, or temporarily suspend the user's membership to the Service. In such cases, the Company shall not be obligated to clearly indicate to the user the reasons, the basis, or the applicable relationship.
Paragraph 2 Deletion of Posts, Suspension of Publication, etc.
When a user's posted content violates any of the preceding Articles (Prohibitions) or is deemed likely to violate them, the Company may delete the content in whole or in part, suspend publication, edit the prompt and credits, or change its category. In such cases, the Company shall not be obligated to clearly indicate to the user the reasons, the basis, or the applicable relationship.
Section 3 Requests for Correction, etc.
When the Company determines that a user has violated or is likely to violate any of the preceding Articles (Prohibitions), the Company may request the user to cease the violation, edit or delete the posting related to the violation, correct the registered information, or take other necessary measures to correct the violation. When the user receives a request for correction, the user must cooperate promptly. However, the Company is not required to make a request for correction in advance when taking the measures in the preceding two paragraphs.
Section 4 Injunction, etc.
When the Company determines that a user has violated or is likely to violate any of the preceding Articles (Prohibitions), the Company may take any legal measures, including a request for provisional injunction against the act, an injunction, a claim for damages, a claim for return of unjust enrichment, or other civil claims. However, the Company is not obligated to take such measures.
Paragraph 1 Non-exercise of authority
Except as required by law, the Company shall not be obligated to exercise the authority and civil and criminal rights that it may exercise against users under these Terms of Use, such as the revocation, cancellation or suspension of use authority, the deletion or suspension of postings, requests for correction, and other such authority and civil and criminal rights, when such exercise is possible, and shall not be liable for damages incurred by users due to non-exercise of such authority, except in cases where such damages are attributable to the Company.
Paragraph 2 Disclaimer of Force Majeure
The Company shall not be liable for delays or impossibility of performance due to natural disasters, natural disasters, war, war-like situations, civil unrest, riots, strikes, the establishment, amendment or repeal of laws and regulations, large-scale communication failures, epidemics of infectious diseases, hyperinflation, or other reasons beyond its control, in relation to the use of the Service.
Other reasons for exemption from liability under Section 3
Except for reasons attributable to our company, our company shall not be liable for any damages incurred by the user due to the following reasons.
Paragraph 1 Ownership of Intellectual Property Rights
The copyrights, patents, trademarks, design rights, circuit layout rights and other intellectual property rights, rights to intellectual property rights, know-how, programs, trade secrets under the Unfair Competition Prevention Act (Act No. 47 of 1993), and all property and personal rights related to the images, drawings, audio, video, text and other content (hereinafter referred to as "Content") that users can view or obtain through this service belong to the Company or the owner of these rights, and the ownership of these rights shall not be changed in any way by the use of this service.
Paragraph 2 Use of Content
Users shall grant the Company a non-exclusive, perpetual, ordinary right of use of their Content for the purpose of promoting the sales of this service and maintaining and improving the service. For the purpose of promoting the use of the Service and maintaining and improving the user environment, the Company may use the Content on its homepage or blog, Twitter, Instagram, Facebook, TikTok and other SNS accounts, text posting sites such as note, video distribution services such as YouTube, as well as listing ads, banner ads, leaflets and other advertising media, and to the extent necessary for that purpose, depending on the nature of the media, the Company may cut out or modify the Content or omit copyright notices. The User shall not exercise any moral rights of the author in relation to this.
Paragraph 1 pAInter Gold
pAInter Gold refers to points for using content (including digital items) designated by our company. By using pAInter Gold in a manner designated by our company, users can obtain the right to use content within the scope designated by our company. pAInter Gold can only be used within the services designated by our company.
Paragraph 2 Expiration date of pAInter Gold
The expiration date of pAInter is 180 days from the date of purchase. Points will automatically expire upon the expiration date, and users cannot object to the expired points. In addition, if you lose the right to use this service due to withdrawal, etc., unused pAInter Gold will also be expired.
Paragraph 3 No refunds
Except in cases specifically approved by our company, you cannot request a refund for Show Gold or exchange Show Gold for content other than the content designated by our company.
Except with the prior consent of the Company, Users shall not succeed to, transfer, grant as security, or otherwise dispose of to a third party their status as a party to these Terms, the rights and obligations arising from these Terms, or their membership status for the Service.
In connection with the transfer of business related to the Service, the Company may transfer all or part of its contractual status regarding the Service and the rights and obligations arising from these Terms to the transferee of said business without the need for the consent of the User.
If a user causes damage to the Company by violating these Terms, the user shall be liable to compensate the Company for all damages (including special damages, lost profits, and attorney's fees) after consultation with the Company.
The provisions of these Terms constitute the entire agreement between the Company and the User, and with regard to matters related to the Service, they shall take precedence over all other agreements, consents, understandings, etc., except for those in the form of an agreement in writing with the names and seals of both parties to the effect that they take precedence over these Terms, regardless of the form of such agreement.
Even if any provision or part of any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions of these Terms and the remaining part of the provision that is determined to be invalid or unenforceable shall continue in full force and effect.
The governing law of these terms and conditions shall be Japanese law. If a translation of these terms and conditions is prepared in English or another language for reference, only the original Japanese text shall be valid as a contract, and the terms and conditions in other languages shall have no effect whatsoever.
Any matters not specified in these Terms and Conditions or questions that arise regarding these Terms and Conditions shall be resolved through good-faith negotiations between the Company and the User.
These terms and conditions shall come into effect on May 1, 2023.
Revised on September 21, 2023