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, obligations and division of roles between the Company and Users regarding the use of this Service, and unless otherwise specified, shall apply to all transactions between the Company and Users (including both registered Users and guest Users) related to this Service.
Section 2 Individual Provisions
In addition to these Terms, if there are any other rules, individual conditions, consent items, disclaimers, prohibitions, privacy policies, or other provisions published on the Service regarding the use of the Service, those provisions shall constitute a part of these Terms and apply to the User together with these Terms. However, in the event of a conflict between these Terms and any such provisions, those provisions shall take precedence over these Terms with regard 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 will announce on the Service the fact that these Terms are being changed, the content of the changed Terms, and the effective date of the change, and will notify Users in advance with a reasonable period of time, except in emergency or unavoidable circumstances. However, if there is not a reasonable period between the time of announcement and the effective date, the change will automatically become effective after the lapse of that period.
Section 1 Contact and Notification
When a user contacts or notifies the Company, or when the Company contacts or notifies a user, the contacts or notifies the user shall be made in a manner separately designated by the Company, except that the Company may substitute notice to individual users by publishing the information on the Service.
Section 2 Deemed Delivery
When the Company contacts or notifies a user via the contact information that the user has provided in advance, the contact or notice will be deemed to have been received at the time it would normally be received, regardless of whether the user actually receives it or not.
Section 3 Non-Delivery and Delay
We shall not be liable for any damages that may occur to a user due to non-delivery or delay in communication or notification from our company to the user, except in cases where there is a reason attributable to our company.
Paragraph 1 User Registration
This service can be used by registering as a member in the manner specified by the service. If you do not register as a member, you may be restricted in whole or in part from viewing and posting content, communicating with other users, and using 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 the service, and you may not use the content on the service in violation of these terms.
Paragraph 2 Registration Information
The user shall complete the registration procedure himself/herself who will use the Service and provide the Company with true, accurate and up-to-date information, and if there are any changes to the registration information provided to the Company at the time of registration, the user shall promptly notify the Company of the changes and the details of the changes in the prescribed manner. The Company shall not be liable for any damages incurred as a result of failure to notify or registration of false or inaccurate information.
Section 3: How to Register
Users can register to use the Service in the following ways. If the registration requires the use of an external service or data integration with an external service, the user shall make the necessary settings in the external service at his/her own responsibility. Furthermore, the Company shall not be liable for any disruption to the use of the Service due to changes in the terms of use or specifications of the 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 a User receives authentication information from the Company that authenticates the User's authority to use the Service, or when the User registers by linking data with an external service, the User shall properly manage such authentication information so as not to lose or leak such information.
Section 2 Maintenance of Account
In principle, each user may only register 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 right to use this service may not be transferred, lent, or pledged to a third party without the prior consent of our company.
If a user loses or leaks the authentication information for this service, or if there is a possibility of such loss or leakage, the user must immediately report the same to the Company and request the suspension, interruption, reissue, or other measures of the membership related to the loss or leakage. In such a case, the Company shall not be liable for any damages that may be incurred by the user due to the unauthorized use of the authentication information by a third party, except in cases where 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 operating and communication environments to connect to this service. Our company shall not be liable for any damages caused by operational failures or communication failures caused by or related to the operating or communication environment created by the user, except in cases where the cause is attributable to our company.
Section 2: No guarantee of functionality
The Company does not represent or guarantee that there will be no malfunctions, errors, bugs, or defects in the specifications and operation of the Service, or that the specifications and operation of the Service will be free from malfunctions, errors, bugs, or defects in the specifications ... the reliability, accuracy, completeness, validity, or availability.
Section 3: Ensuring security
When connecting to the Service, the User shall endeavor to use an encrypted communication environment, keep antivirus software, operating system, browser, etc. up to date, and refrain from engaging in any acts that may pose security risks, in order to prevent unauthorized attacks or intrusions by third parties against the Service or the User's account. Even if the User incurs damages due to these security flaws, the Company shall not be liable, except in cases where such damages are 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 users wish to download or copy such content by screenshots or other methods, or otherwise use such content, they must obtain the prior consent of the user who posted the content and the person who owns the rights to such 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 can view and obtain prompts and negative prompts from other users.
Section 3 Posting Content
By registering as a member, users can post content generated by image generation AI on the Service. When posting, unless otherwise specified, users agree to the publication of the prompt and negative prompt used in generating the content by entering them in a designated form.
Section 4 Posting Adult Content
When a user posts content that includes adult language, the user must post it with the category "R-18" or "R-18G" depending on the content and level of the language. Even in this case, if the content contains excessively cruel language, excessively violent language, excessively obscene or lewd language, 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, the user 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, etc. If the user receives a request from the Licensor to stop publishing the content, the user must promptly comply with the request, take the necessary measures, and notify the Company of the same immediately.
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.
If the Company determines that the content posted by a user violates or is likely to violate any of the preceding Articles (Prohibited Matters), the Company may delete all or part of the content, suspend publication of the content, edit the prompt and credits, or change its category. In such cases, the Company shall not be obligated to clearly indicate the reasons, grounds, or applicable relationships to the user.
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 in danger of violating any of the provisions of the preceding Article (Prohibitions), the Company reserves the right to take any legal action, including a request for provisional injunction against the said act, a request for injunction, a request for damages, a request for return of unjust enrichment, or any other civil claim. However, the Company shall not be obligated to take such measures.
Paragraph 1 Non-exercise of authority
With regard to the authority and civil and criminal rights that can be exercised against users based on these Terms, such as the withdrawal, cancellation or suspension of usage privileges, the deletion or suspension of postings, and requests for correction, the Company is not obligated to exercise such authority in cases where it is able to do so, except as required by law, and is not liable for damages incurred by users as a result of non-exercise of such authority, except in cases where there is a reason attributable to the Company.
Paragraph 2 Disclaimer of Force Majeure
The Company shall not be liable for any delay or inability to perform in relation to the use of the Service due to causes beyond its control, including acts of God, natural disasters, war, war-like situations, civil unrest, riots, strikes, the enactment, amendment or repeal of laws and regulations, large-scale communications disruptions, epidemics of infectious diseases, hyperinflation, or other causes.
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
All copyrights, patents, trademarks, design rights, circuit layout rights and other intellectual property rights, rights to receive intellectual property rights, know-how, programs, trade secrets under the Unfair Competition Prevention Act (Act No. 47 of 1993), and all related property rights and personal rights relating to images, drawings, audio, video, text and other content (hereinafter referred to as "Content") that Users can view or obtain through the Service shall belong to the Company or the owner of these rights, and the ownership of these rights shall not be changed in any way as a result of the use of the Service.
Paragraph 2 Use of Content
The user grants the Company a non-exclusive, perpetual license to use the content of the user for the purpose of promoting the sales of the Service and maintaining and improving the Service. The Company may use the content on the Company's website or blog, Twitter, Instagram, Facebook, TikTok and other SNS accounts, text posting sites such as note, video distribution services such as YouTube, and listing ads, banner ads, leaflets and other advertising media for the purpose of promoting the use of the Service and maintaining and improving the usage environment, and may cut out or modify the content or omit copyright notices to the extent necessary depending on the nature of the media. The user shall not exercise the moral right of the author against 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 the manner specified by our company, users can obtain the right to use content within the scope specified by our company. pAInter Gold can only be used within the services specified by our company.
Section 2 Generation Ticket
A generation ticket is an item for using the image and video generation AI designated by our company. By using the generation ticket in the manner specified by our company, users can use the image generation AI and video generation AI and obtain deliverables. pAInter Gold can only be used within the services designated by our company.
Section 3 Expiration date of pAInter Gold and generation ticket
The expiration date of pAInter Gold and generation ticket is 180 days from the date of purchase. They 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 and generation ticket will also be expired.
Section 4 No refunds
Except in cases specifically approved by our company, you cannot request a refund of pAInter Gold and generation ticket, or exchange pAInter Gold for content other than the content designated by our company.
The Company may use the Service to hold sweepstakes and similar promotional activities (collectively, "Promotional Activities"). When participating in a Promotional Activity, users must confirm and agree to the rules and conditions of the Promotional Activity. Such rules and conditions may contain important information regarding the attribution of the Company's rights and ownership of the materials (if any) provided by users who participate in the Promotional Activity. To the extent that the contents of such rules and conditions do not conflict with these Terms, the contents of such rules and conditions shall take precedence over these Terms.
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.
The Company may transfer all or part of the contractual status and rights and obligations arising from these Terms and Conditions in connection with the transfer of business related to the Service to the transferee of said business without the need for the User's consent.
If the 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., regardless of the form of the agreement, unless a written agreement bearing the names and seals of both parties specifically stating that they take precedence over these Terms.
Even if any provision or part of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms and the remaining parts of the provisions that are found to be invalid or unenforceable shall continue to be in full force and effect.
The governing law of these Terms shall be the laws of Japan. If a translation of these Terms is made into English or another language for reference, only the original Japanese text shall have the effect of a contract, and the terms in other languages shall have no effect.
Any matters not specified in these Terms or any doubts regarding these Terms shall be resolved through good-faith negotiations between the Company and the User.
These Terms shall come into effect on May 1, 2023.
Revised on December 18, 2024