These Terms of Use (hereinafter referred to as the "Terms") set forth the terms and conditions for the use of the chatbot system "AIdChat" (hereinafter referred to as the "Service") provided by D-trader Ltd. (hereinafter referred to as "we" or "us"). Users (hereinafter referred to as "you") are required to use the Service in accordance with these Terms.
Terms of Use
Article 1 (Application)
1. These Terms shall apply to all relationships related to the use of the Service between you and us.
2. We may establish rules, etc., and various provisions (hereinafter referred to as "Individual Provisions") regarding the use of the Service in addition to these Terms. Regardless of their names, these Individual Provisions shall constitute a part of these Terms.
3. In the event of any inconsistency between the provisions of these Terms and the Individual Provisions in the preceding paragraph, unless otherwise specified in the Individual Provisions, the provisions of the Individual Provisions shall take precedence.
Article 2 (User Registration)
1. In the Service, applicants for use shall apply for user registration by agreeing to these Terms and completing the user registration by the method specified by us upon our approval.
2. We may not approve the application for user registration if we determine that the applicant has any of the following reasons, and we shall not be obliged to disclose the reasons:
- If false information is provided when applying for user registration
- If the applicant has violated these Terms in the past
- If we determine that the application for user registration is inappropriate for any other reason
Article 3 (Management of User ID and Password)
1. You are responsible for appropriately managing your user ID and password for the Service.
2. Under no circumstances should you transfer, lend, or share your user ID and password with a third party. If the combination of your user ID and password matches the registration information and is logged in, we will consider it as use by the user who registered the user ID.
3. We shall not be liable for any damages caused by the use of your user ID and password by a third party unless we have intentional or gross negligence.
Article 4 (Usage Fee and Payment Method)
1. You shall pay the usage fee specified separately by us for the use of the Service by the method designated by us.
2. If you delay the payment of the usage fee, you shall pay a late payment fee at an annual rate of 14.6%.
Article 5 (Prohibited Acts)
The User shall not engage in the following acts when using the Service:
- Acts that violate laws
- Criminal acts or acts related to criminal acts
- Acts that infringe upon the rights of us, other users, or third parties, such as copyrights, trademarks, privacy rights, etc.
- Acts that disrupt the operation of the Service
- Unauthorized access or attempted unauthorized access
- Acts that cause harm, damage, or discomfort to other users or third parties
- Use or distribution of computer viruses or malicious programs
- Commercial use of information obtained through the Service
- Acts that violate these Terms
- Any other acts that we deem inappropriate
Article 6 (Suspension of Service Provision, etc.)
1. We may suspend or interrupt all or part of the provision of the Service without prior notice to the User if we determine that any of the following reasons apply:
- When performing maintenance or updates on the computer system for the Service
- When the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fires, power outages, or natural disasters
- When the computer or communication network is stopped due to an accident
- When we determine that the provision of the Service is difficult for any other reason
2. We shall not be liable for any disadvantages or damages incurred by the User or third parties due to the suspension or interruption of the provision of the Service.
Article 7 (Restriction of Use and Deletion of Registration)
1. We may restrict or delete all or part of the User's use of the Service without prior notice if the User falls under any of the following:
- Violation of any provision of these Terms
- Discovery of false information in the registration details
- Non-payment of obligations such as fees
- No response to contact from us for a certain period of time
- No use of the Service for a certain period of time since the last use
- When we deem the User's use of the Service inappropriate for any other reason
2. We shall not be liable for any damages incurred by the User as a result of actions taken by us based on this article.
Article 8 (Termination)
The User may terminate these Terms and end the use of the Service by applying for termination to us. When the User terminates these Terms, the User shall apply for termination by the method specified by us by the end of the month before the desired termination month. These Terms shall end when the application for termination reaches us and we delete the user's service authorization.
Article 9 (Disclaimer and Limitation of Liability)
1. We do not explicitly or implicitly guarantee that the Service is free from defects (including defects related to safety, reliability, accuracy, completeness, validity, suitability for a specific purpose, security, etc.) in fact or law.
2. We shall not be liable for any damages incurred by the User due to the Service, except in cases of intentional or gross negligence on our part. However, if the contract between us and the User regarding the Service (including these Terms) falls under the Consumer Contract Act, this disclaimer shall not apply.
3. Even in cases covered by the preceding paragraph, we shall not be liable for damages incurred by the User due to our negligence (excluding gross negligence) or unlawful acts, except for damages arising from special circumstances (including those that we or the User could foresee or foresee) up to the amount of the usage fee received in the month when the damage occurred.
4. We shall not be liable for any transactions, communications, disputes, etc., between the User and other users or third parties regarding the Service.
Article 10 (Changes to the Service)
We may change, add, or discontinue the content of the Service with prior notice to the User, and the User shall accept this.
Article 11 (Changes to the Terms of Use)
We may change these Terms without obtaining the User's consent due to changes in laws or the content of the Service. In such cases, we will notify the changes on the website. The conditions for providing the Service after the change will be based on the updated Terms of Use.
Article 12 (Handling of Personal Information)
We will handle personal information obtained through the use of this Service appropriately in accordance with the "Privacy Policy."
Article 13 (Notification or Contact)
Notifications or contacts between the User and us shall be conducted through the method specified by us. Unless the User submits a change notification in the manner specified by us, we will consider the currently registered contact information as valid and will send notifications or contacts to that contact information, which will be deemed to have reached the User at the time of sending.
Article 14 (Prohibition of Assignment of Rights and Obligations)
The User shall not assign the status under the usage agreement or the rights or obligations based on these Terms to a third party or provide them as collateral without the prior written consent of us.
Article 15 (Governing Law and Jurisdiction)
The interpretation of these Terms shall be governed by Japanese law. Disputes arising from these Terms shall be under the exclusive jurisdiction of the Tokyo District Court as the first-instance court with exclusive jurisdiction by mutual agreement.
Article 16 (Disclaimer regarding VRM avatars and motion disclosure)
1. The VRM avatars and related motions (referred to as "content" hereinafter) uploaded and disclosed by users through this service will be widely accessible on the internet. As a result, there is a possibility of unauthorized use by third parties (such as reproduction, modification, commercial use), but we do not take responsibility for such acts. Please upload and disclose content after understanding and agreeing to this risk.
2. Copyrights and other intellectual property rights regarding the uploaded content belong to the user or legitimate rights holders. Users are responsible for guaranteeing that they have the necessary copyrights or other intellectual property rights for the uploaded content or have obtained legitimate rights. We do not assume any responsibility for any issues arising from unauthorized copyright infringement.
3. In the event of a claim of rights infringement from a third party, we may take necessary measures, including the removal of the relevant content, but we do not assume responsibility for any damages resulting from such actions.
4. We have the right to terminate or modify the provision of this service without prior notice. We shall not be liable for any disadvantages or damages incurred by the user as a result of this.
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