Terms of Use for pAInter Image Generation AI Function

These Terms of Use stipulate the matters to be observed when using the service "pAInter" provided by pAInter Inc. (hereinafter referred to as "our company") on this website (including related applications if they have been created) and the image generation AI function (hereinafter referred to as "this function"). Please note that these Terms of Use are based on the "pAInter Terms of Use" (https://painter-ai.ai/privacy) separately stipulated by our company, and any matters not stated in these Terms of Use shall be in accordance with the "pAInter Terms of Use" (https://painter-ai.ai/privacy).

Article 1 (Application)

These Terms of Use, together with the "pAInter Terms of Use" (https://painter-ai.ai/privacy) and "pAInter Personal Information Protection Policy" (https://painter-ai.ai/terms) separately stipulated by the Company, shall apply between the Company and users with respect to the use of this function.

Article 2 (Agreement to these Terms of Use, etc.)

Users may use this function only after agreeing to these Terms of Use. In addition, our company may provide optional services in connection with this function. The contents of these Terms of Use shall apply to these optional services in the same way as this function, unless otherwise specified by our company.
When a user begins using this function, a usage agreement in accordance with the provisions of these Terms of Use shall be established between the user and our company.
If the user is a minor, please use this function only after obtaining the consent of a parent or other legal representative.
If a minor user uses this function by falsely claiming to have consent or being an adult despite not having the consent of a legal representative, or by using fraudulent means to make others believe that they are otherwise competent to act, all legal acts related to this function cannot be revoked.
If a user who was a minor at the time of agreeing to these Terms of Use uses this function after reaching adulthood, the user will be deemed to have ratified all legal acts related to this function.
These Terms of Use shall apply to all relationships between the User and the Company regarding the use of this Function.

Article 3 (Revision of Terms)

The Company may revise the contents of these Terms of Use if it deems it necessary.
When revising these Terms of Use, the Company will notify users of the content and the date of the revision by the date of said revision in a manner specified by the Company.
The revision of these Terms of Use shall take effect from the date of the notification by the Company in the preceding paragraph.
When the User uses this function after the revision of these Terms of Use, the User will be deemed to have agreed to the revised Terms of Use without objection.

Article 4 (This Function)

This Function provides users with access to image generation AI models (hereinafter referred to as "Available Models") that have been approved by the Company on a browser. The Company provides users with access to the Available Models, and the users can input instructions to the Available Models and obtain output on the browser.
In order to prevent inappropriate content generated by this Function from being output, the Company may take filtering measures such as prompt restrictions and impose certain restrictions on input instructions or output in a manner specified by the Company. However, the Company is not obligated to take specific filtering measures, and even if filtering measures are taken, the Company does not guarantee that inappropriate or harmful content can be completely eliminated or prevented.
The Company does not represent or guarantee that the specifications and operation of the Available Models are free of defects, malfunctions, errors, bugs, and specification defects, or that they are reliable, accurate, complete, valid, or available.

Article 5 (Generated Content)

Users shall use this function at their own risk.
Content generated from the Available Models by this function may be used for personal and commercial purposes. However, if the conditions set by the party who licensed the Available Models to our company (hereinafter referred to as the "Licensor") are changed, such conditions shall be followed (whether or not commercial use is permitted and other matters not specified in these terms shall be subject to the conditions set by the Licensor).
Users agree in advance that our company may use all or part of the content generated by users for the purpose of improving the quality of this function, advertising, events, etc.

Article 6 (Generated Content)

When using this function, the Company prohibits users from engaging in the following acts. In addition, users of this function agree not to engage in any of the acts listed below or any acts that may fall under such acts, and not to encourage or support similar acts by third parties (meaning all other people, including other users who use this function and those who do not, based on a single user. The same applies below). If the Company reasonably determines that a user has violated the prohibited acts, it may suspend the use of this function or take other measures (including, but not limited to, the measures set forth in the "pAInter Terms of Use" (https://painter-ai.ai/privacy)).
1. Selling available models provided by our company, or creating a separate model by a user by referencing the available models and selling it
2. Violating the intellectual property rights, portrait rights, or privacy rights of our company or a third party
3. Defaming the reputation or credibility of our company or a third party, or unfairly discriminating against others or slandering them
4. Stalking, harassing, vandalizing, or exposing other users
5. Violating the property of our company or a third party
6. Inflicting economic damage on our company or a third party
7. Threatening our company or a third party
8. Sending false information
9. Using or inducing computer viruses (including but not limited to worms, Trojan horses, Easter eggs, and spyware) or harmful programs (including but not limited to hacking, cracking, and phreaking)
10. Using this function with the intent of creating or encouraging the creation of fraudulent software, automated software, bots, hacks, mods, or other third-party software not approved by our company
11. Putting excessive stress on the infrastructure for this function
12. Attacking the servers, systems, or security of this site (including, but not limited to, modifying, altering, creating adaptations, hacking, reverse engineering, decompiling, or disassembling)
13. Attempting to access this function by a method other than the interface provided by our company
14. Acts that violate laws and regulations or public order and morals
15. Criminal acts or acts that warn, participate in, or encourage criminal acts or other related acts
16. Using this function for the purpose of money laundering or for the purpose of violating related laws and regulations
17. Speech, behavior, or other expressions that may glorify, induce, or encourage violence, suicide, acts of self-injury, drug abuse, etc.
18. Collecting or accumulating user information about other users
19. Impersonating another user
20. Distributing information that misleads third parties into believing it is an official representation or opinion of the Company
21. Directly or indirectly providing benefits to anti-social forces in relation to this function
22. Information that goes beyond artistic merit and is deemed excessive by the Company, or information that is harmful to the personality development of minors (including images). ) regardless of the method.
23. Posting external links or URLs, etc., and directing users to external adult sites, or sites posting child prostitution or pornography.
24. Carrying out economic activities such as commercial activities approved by the Company, political activities, or similar activities without the Company's permission.
25. Sending information about heterosexual relationships.
26. Actions that violate the prohibited acts set out in the "painter Terms of Use" (https://painter-ai.ai/privacy).
27. Any other actions that the Company reasonably deems inappropriate.
If the Company determines that the User's act of sending information through this function falls under any of the items in the preceding paragraph, or is likely to fall under any of the items in the preceding paragraph, the Company may delete all or part of the information without prior notice to the User. The Company shall not be liable for any damages incurred by the User as a result of measures taken by the Company pursuant to this paragraph, except in cases of willful or gross negligence on the part of the Company.

Article 7 (Suspension of provision of this function, etc.)

If the Company determines that any of the following events occur, the Company may suspend or suspend provision of all or part of this function without prior notice to the user.
1. When maintenance, inspection, or updates are performed on the computer system related to this function.
2. When it becomes difficult to provide this function due to force majeure such as earthquakes, lightning strikes, fires, power outages, natural disasters, or virus infections.
3. When computers or communication lines are stopped due to an accident.
4. When the Company reasonably determines that it is difficult to provide this function for any other reason.
The Company shall not be liable for any disadvantage or damage suffered by the user or a third party due to the suspension or interruption of provision of this function, regardless of the reason.

Article 8 (Hardware and Other Facilities)

The preparation and maintenance of hardware and other equipment, communication lines and other communication environments necessary to receive this Function shall be at the User's expense and responsibility.
The User shall take security measures, such as preventing computer virus infection, unauthorized access and information leaks, at the User's own expense and responsibility, according to the User's usage environment for this Function.

Article 9 (Intellectual Property Rights)

All intellectual property rights related to our website, etc. (meaning our website related to this function, including portal sites and SNS (including but not limited to X (formerly Twitter), Facebook, Instagram, Threads, Discord, Bluesky, as well as video distribution services such as TikTok and YouTube) and software used in this function. The same applies below.) and available models related to this function, as well as the content generated thereby, belong to our company or the owner of these rights.
The license to use this function based on these Terms of Use does not imply a license to use the intellectual property rights of our company or the owner of these rights related to our website, etc. and available models related to this function, as well as the content generated thereby.

Article 10 (Disclaimer, etc.)

The Company shall not be liable for any damages caused by changes, interruptions, or termination of the content of this function.
The Company has no involvement whatsoever in the user's environment for using this function, and shall not be liable for any damages whatsoever.
The Company makes no guarantee that this function will meet the specific purpose of the user, that it has the expected functionality, commercial value, accuracy, or usefulness, that the user's use of this function will comply with the laws and regulations or internal rules of industry groups that apply to the user, or that there will be no malfunctions.
The Company does not guarantee that this function is compatible with all information terminals, and the user acknowledges in advance that malfunctions may occur in the operation of this function due to updates to the OS of the information terminal used to use this function. The Company does not guarantee that such malfunctions will be resolved by modifying the program, etc., when such malfunctions occur.
The Company shall not be liable for any damages incurred directly or indirectly by the user as a result of using this function.
The Company shall not be liable for any loss of opportunity, interruption of business, or any other damage (including indirect damage and lost profits) incurred by the User or any other third party, even if the Company has been notified in advance of the possibility of such damage.
The provisions of the preceding paragraphs shall not apply in cases where the Company is guilty of willful or gross negligence, or where the Contract constitutes a consumer under the Consumer Contract Act.
Even in cases where the preceding paragraphs apply, the Company shall not be liable for compensation for any damage incurred by the User due to an act of negligence (excluding gross negligence), including damages arising from special circumstances.
We do not guarantee that we will provide information or contact you within a short period of time.
The Company shall not be liable for any disputes or troubles between the User and other Users. In the event of a dispute between the User and other Users, the parties shall resolve the dispute at their own responsibility, and shall not make any claims against the Company.
If the User causes damage to other Users or a dispute arises with a third party in connection with the use of this function, the User shall compensate for such damage or resolve such dispute at the User's own expense and responsibility, and shall not cause any inconvenience or damage to the Company.
If the Company is sued for damages by a third party due to the User's actions, the User shall resolve such claim at the User's expense and responsibility. If the Company pays damages to the third party, the User shall pay all expenses, including such damages (including attorney's fees and lost profits, etc.) to the Company.
If the User causes damage to the Company in connection with the use of this function, the User shall compensate the Company for such damages (including litigation costs and attorney's fees, etc.) at the User's expense and responsibility.

Article 11 (Compensation for Damages)

If the User causes damage to the Company by violating these Terms of Use or in connection with the use of this function, the User must compensate the Company for the damage.
If the User receives a complaint from another User, external business operator, or other third party in connection with this function, or if a dispute arises between the User and such person, the User must immediately notify the Company of the details, and handle the complaint or dispute at the User's expense and responsibility, and report the progress and results to the Company upon request from the Company.
If the Company receives a complaint from another User, external business operator, or other third party for infringement of rights or other reasons in connection with the User's use of this function, the User must compensate the Company for the expenses that the Company has to pay to the third party based on the complaint.

Article 12 (Changes to Function Content, etc.)

The Company reserves the right to change the content of this Function or to discontinue provision of all or part of this Function without notifying the User, and shall not be liable for any damages incurred by the User as a result thereof.

Article 13 (Prohibition of Transfer of Rights)

Users may not transfer or pledge to a third party, in whole or in part, their status under these Terms of Use or their rights or obligations under these Terms of Use without the prior written consent of the Company.
The Company may transfer all or part of this Function to a third party at its discretion. In such case, all of the User's rights related to this Function shall be transferred to the transferee within the scope of the rights transferred, and the User shall agree in advance to such transfer in this paragraph.

Article 14 (Limitation of Legal Liability)

This function is provided as is, and we make no express or implied warranty (including implied warranties of merchantability, fitness for a particular purpose, ownership, and non-infringement) that this function is free from factual or legal defects (including defects related to safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, security, etc., errors or bugs, infringement of rights, etc.).

Article 15 (Survival Provisions)

The provisions of Article 4, Paragraph 2, proviso to Paragraph 3, Article 6, Paragraph 2, Article 7, Paragraph 2, and Articles 8 to the previous article shall remain in effect even after the termination of the Service Agreement (see Article 2, Paragraph 2).

The End

[Established on May 6, 2024]