These terms and conditions (hereinafter referred to as the "Agreement") shall apply to the use of "PoketAI BLUE" (hereinafter referred to as the "Service") provided by DramaBirth (hereinafter referred to as the "Company"). By using the Service, you agree to these terms and conditions.
Article 1 (Application of the Agreement)
- This Agreement sets forth the terms and conditions for using the Service provided by the Company.
- In addition to this Agreement, the Company may establish separate terms and conditions, individual agreements, guidelines, or other related documents regarding the use of the Service. In such cases, the separate terms and conditions, individual agreements, guidelines, or other related documents shall take precedence over this Agreement in relation to the use of the Service by the user.
- By using the Service, the user shall be deemed to have agreed to this Agreement.
Article 2 (User Registration)
- Users may register for the Service by providing the necessary information through the method specified by the Company.
- Users must provide accurate and up-to-date information to the Company regarding the registered information.
- If there are any changes to the registered information, users must promptly notify the Company of the changes.
- The Company shall not be responsible for any damages or disadvantages incurred by the user due to inaccurate or false registered information or failure to notify changes in the registered information.
Article 3 (Purchase or Use of Goods)
- When users intend to purchase or use goods, digital content, or services (hereinafter referred to as "Goods") provided through the Service, they shall apply for the purchase or use of Goods in accordance with the methods specified by the Company.
- Upon confirming the details and contents entered by the user for the application in the preceding paragraph, and by clicking the button to confirm the application, a contract for the purchase or use of the relevant Goods shall be deemed to have been concluded between the user and the Company at the time when the Company receives the application.
- Notwithstanding the provisions of the preceding paragraph, if there is a violation of this Agreement regarding the use of the Service, the Company may cancel the sales contract, claim damages, or take any other measures it deems appropriate. The Company shall not be responsible for any damages or disadvantages incurred by the user, except in cases of intentional or gross negligence on the part of the Company.
Article 4 (Payment Methods)
- Users shall be responsible for paying the fees for the Goods displayed during the purchase process in the preceding article.
- The payment methods for the fees of the Goods shall be as indicated during the purchase process or as otherwise approved by the Company.
- In the case of payments through the App Store, users shall comply with the payment methods, terms of use, and policies of the App Store. In the event of any dispute between the user and the App Store, the user shall be responsible for resolving such dispute at their own responsibility and expense. The Company shall not be involved in the payment processing through the App Store and shall not be responsible for it.
Article 5 (Use of Content)
- Users may access and utilize the digital content through this app. It should be noted that no transfer of copyright or any other intellectual property rights regarding the digital content is granted to the user.
Article 6 (Returns and Exchanges)
- The nature of this service is focused on communication between the user and AI. Therefore, once the service is provided, returns or exchanges of the service will not be accepted.
- In the case of service usage by minors, it shall be assumed that they have used the service with the consent of their legal guardian. Therefore, returns or exchanges of the service will not be accepted.
Article 7 (Disclaimer regarding Goods)
- The Company's responsibility regarding the quality, functionality, performance, and other defects of the Goods sold through the Service shall be limited to the provisions set forth in the preceding article, except in cases of intentional or gross negligence on the part of the Company.
- The Company does not warrant the legality, usefulness, completeness, accuracy, currency, reliability, or suitability for specific purposes of the information displayed on the Service's website, comments posted by users regarding the Goods, as well as comments posted on Twitter, Instagram, or other social media services.
Article 8 (Auto-Renewable Subscription)
- The Service operates on an auto-Renewable subscription basis. Users can engage in unlimited chat with AI through a monthly subscription.
- Unless users cancel their subscription, it will be automatically renewed at the end of each subscription period. Cancellations must be made through the App Store account settings at least 24 hours prior to the next billing period.
- If the payment for the subscription fee is not made for any reason, the Company may immediately suspend the provision of the Service.
- The Company reserves the right to change the subscription fees at any time. Any changes will take effect upon the renewal of the next subscription period.
- The Company will provide users with prior notification of any changes to the subscription fees and an opportunity to decide whether to continue the Service.
- If users continue to use the Service after the changes to the subscription fees, it will be deemed as their agreement to the modified fees.
- Except as required by law, there shall be no refunds for subscription fees that have already been paid.
Article 9 (Free Trial)
- The Company may, at its discretion, offer a limited-time free trial for subscription plans.
- If users do not cancel their subscription before the end of the free trial period, they will be automatically charged for the corresponding subscription fee.
- The Company reserves the right to modify the conditions for the free trial and to discontinue its offering at any time.
Article 10 (Payment Methods)
- Users shall be responsible for paying the usage fees for the Service. The fees are charged on a monthly basis, allowing users to engage in unlimited chat with AI.
- The payment method shall be set by Apple Inc. through the App Store, which may include Apple ID credits, debit cards, or other payment methods specified by Apple.
- In the event of any issues or disputes related to payments with Apple Inc., users shall resolve them at their own responsibility and expense. Please refer to Apple Inc.'s terms and conditions for detailed provisions regarding payments with Apple Inc.
Article 11 (Withdrawal or Termination of Contract after Purchase)
- By using the Service, users shall be deemed to have agreed to the monthly subscription offered through the App Store. Through the monthly subscription, users can access an app that allows them to engage in unlimited chat with AI. Users acknowledge that they cannot withdraw their subscription. The usage fee for the Service will be automatically billed to the user's App Store account every month. Unless users cancel the subscription at least 24 hours prior to the billing date, it will be automatically renewed.
Article 12 (Disclaimer Regarding Goods)
- The Company does not provide any warranty, including legality, usefulness, completeness, accuracy, currency, reliability, or suitability for specific purposes, regarding the information displayed on the Service's website, photos and comments posted by users regarding goods, as well as comments posted on Twitter, Instagram, or other social media services.
Article 13 (Intellectual Property Rights and Content)
- All rights, including copyright and other intellectual property rights, to all materials that constitute the Service belong to the Company or third parties who possess such rights. Users shall not acquire any rights to the materials of the Service and shall not engage in any acts that infringe upon the rights related to the materials without the permission of the rights holders. The permission to use the Service based on this Agreement does not imply the permission to use the rights of the Company or third parties who possess such rights related to the Service.
Article 14 (User Postings)
- Information such as user posts, reviews, comments, and other content (hereinafter referred to as "User Postings") posted, uploaded, or made accessible by users within the Service shall be understood to be accessed and viewed by the general users of the Service. Users shall assume full responsibility for their User Postings.
- Users are prohibited from posting the following information: (1) False information. (2) Obscene expressions or explicit images, including nudity. (3) Content that harms the reputation or credibility of others. (4) Content that infringes upon the privacy rights, publicity rights, copyrights, or any other rights of third parties. (5) Content containing computer viruses. (6) Links or URLs to websites other than those approved by the Company. (7) Any other content deemed inappropriate by the Company.
- Users grant the Company the permission to use User Postings without charge. By granting this permission, users represent and warrant the following: (1) They are the rightful owners of the copyrights, neighboring rights, portrait rights, or any other rights related to the User Postings or have obtained all necessary licenses from the rightful owners for the use of User Postings in relation to the Service. (2) The posting of User Postings and their use by the Company do not infringe upon the copyrights, neighboring rights, portrait rights, or any other rights of third parties.
- The Company may monitor the content of User Postings for the purpose of ensuring the safe use of the Service by users.
- The Company may delete User Postings without prior notice and restrict user postings in the following cases or if they violate this Agreement: (1) When a certain period of time has passed since the posting. (2) When necessary for the maintenance and management of the Service. (3) When the capacity of User Postings or other related information exceeds or is likely to exceed the specified capacity of the Company's equipment.
- The Company shall not have an obligation to respond to users regarding the reasons for deletion and posting restrictions. The Company shall not be liable for any damages or disadvantages incurred by users due to deletion or restrictions. The Company also does not assume any obligation to delete User Postings.
- Users shall consent in advance to the monitoring, deletion, and restrictions of User Postings in accordance with this Article.
Article 15 (Granting of Points)
- The Company may grant users a specified number of points if they meet the conditions set by the Company for using the Service.
- Users acknowledge in advance that points they possess may not be transferred if they change their mobile device model or perform other actions.
- Users are allowed to use the points they possess according to the methods specified by the Company.
- The Company may revoke all or part of a user's points if the user violates this Agreement or if the Company deems it appropriate.
- Points have an expiration period. Points obtained by users will expire 180 days from the acquisition date.
- The Company shall not be liable for any canceled or expired points under this Article.
Article 16 (User Notifications)
- The Company may periodically or irregularly deliver emails or push notifications through smartphone apps to users for the purpose of providing the latest information and recommended notices regarding the services provided by the Company.
Article 17 (Changes, Additions, and Suspension of Service Content)
- The Company may change, add, or suspend all or part of the content of the Service without prior notice. Users shall accept this in advance.
Article 18 (Personal Information)
- The Company will handle personal information obtained through users' use of the Service appropriately in accordance with the Company's privacy policy.
Article 19 (Prohibited Actions)
1. Users are prohibited from engaging in the following actions:
(1) Acts that obstruct or may obstruct the operation of the Service.
(2) Acts that interfere with the use of the Service by other users.
(3) Acts that infringe upon the copyrights or other rights related to the Service.
(4) Acts that infringe upon the rights or interests (including but not limited to rights of reputation, privacy rights, and copyrights) of the Company, other users, or third parties.
(5) Acts that violate public order and morals or may violate them.
(6) Acts that violate this Agreement.
(7) Any other acts that the Company deems inappropriate considering the purpose of the Service.
2. If the Company determines that a user has engaged in any of the actions specified in the preceding paragraph, the Company may take necessary and appropriate measures, including the suspension of the user's access to all or part of the Service, without prior notice to the user. The Company shall not be liable for any damages or disadvantages incurred by users as a result of such measures.
Article 20 (Exclusion of Anti-Social Forces)
Users shall guarantee the following to the Company:
(1) They are not members of organized crime groups, related companies, anti-social forces, or individuals equivalent to them (hereinafter collectively referred to as "Anti-Social Forces").
(2) Their officers (employees who execute company operations, directors, executive officers, or equivalent positions) are not Anti-Social Forces.
(3) They are not using their own name to enter into this agreement or to allow Anti-Social Forces to enter into this agreement.
(4) They or third parties acting on their behalf shall not engage in the following activities: a) Threatening or violent behavior towards the other party. b) Unjust demands exceeding legal responsibilities. c) Acts of deception or intimidation that obstruct or damage the other party's business or reputation.
Article 21 (Disclaimer)
- In the event of natural disasters, wars, terrorist acts, riots, labor disputes, epidemics, the enactment or amendment of laws, government intervention, or any other force majeure event that causes the total or partial suspension, interruption, or delay of the Service, the Company shall not be liable for any damages or disadvantages incurred by users.
- Users acknowledge that the Service may be subject to the total or partial suspension, interruption, or delay due to communication line or computer failures, system maintenance, or other reasons, and the Company shall not be liable for any damages or disadvantages caused by such circumstances. The Company shall not be responsible for any damages or disadvantages arising from the user's own usage environment.
- The Company does not explicitly or implicitly warrant the following: (1) The usefulness, completeness, accuracy, currency, reliability, or suitability of the content of the Service and the information provided through the Service for any specific purpose. (2) That the information provided through the Service does not infringe upon the rights of third parties. (3) The continuous availability of the Service in the future.
- The Company shall have no obligation to restore any lost, damaged, or altered data or other materials, whether in whole or in part, and shall not be liable for any damages or losses incurred by customers or third parties as a result of such loss, damage, or alteration.
- In cases where the Company is held liable to the user in connection with the user's use of the Service, the Company's liability shall be limited to compensating for damages up to an amount exceeding 10,000 yen, which is the total consideration paid by the user to the Company for the relevant product or service within the past 12 months. The Company shall not be liable for incidental damages, indirect damages, special damages, future damages, or loss of profits.
- Notwithstanding the provisions of this Article, if the contract between the Company and the user regarding the Service falls under the consumer contract as defined by the Consumer Contract Act and is caused by the Company's intentional or gross negligence, the exemption provisions shall not apply.
Article 22 (Confidentiality)
- Users shall not disclose or leak any information disclosed or obtained from the Company in relation to the use of the Service to any third party, nor shall they use such information for any purpose other than the use of the Service.
Article 23(Notices from the Company)
- When the Company notifies users, it shall do so by posting on the website related to the Service, or any other method deemed appropriate by the Company.
- The Company shall not be responsible for any damages or disadvantages incurred by users due to the user's failure to comply with the notification in the preceding paragraph.
Article 24 (Disputes with Third Parties)
- Users shall resolve any disputes arising between themselves and third parties in connection with the Service at their own expense and responsibility, and the Company shall not be liable for any such disputes.
- With respect to the preceding paragraph, if the Company incurs any damages (including legal fees), the user shall compensate for such damages.
Article 25 (Prohibition of Assignment of Rights and Obligations)
- Users shall not assign, transfer, establish security rights, or dispose of all or part of their contractual position or the rights and obligations arising therefrom, based on this Agreement, to a third party without the prior written consent of the Company.
Article 26 (Severability)
- If any provision of this Agreement violates the applicable laws governing the agreement between the user and the Company and is deemed invalid, that provision shall not apply to the agreement between the user and the Company to the extent of the violation, but the validity of the other provisions of this Agreement shall not be affected.
Article 27 (Amendment of this Agreement)
If the Company deems it necessary to amend this Agreement, it may amend this Agreement in accordance with Article 548-4 of the Civil Code (Modification of Standard Terms and Conditions). When amending this Agreement, the Company shall specify the effective date and notify the users of the following matters by email or any other method deemed appropriate:
(1) The fact that this Agreement will be amended.
(2) The content of the amended Agreement.
(3) The effective date.
Article 28 (Governing Law and Jurisdiction)
- This Agreement shall be governed by and interpreted in accordance with the laws of Japan.
- With respect to disputes arising between the Company and users regarding the Service, users agree in advance that the exclusive jurisdiction of the court of first instance shall be the court with jurisdiction over the location of the Company, within one year from the start date of using the Service.