Terms of Service

1. Scope

These Terms apply to all use of the Service. Any additional rules or guidelines posted on the Service form part of these Terms.

2. Accounts

Certain features require an account. You must provide accurate information and are responsible for keeping your credentials secure. The Operator is not liable for losses arising from unauthorized use of your account.

You must be at least 18 years old, or have the consent of a legal guardian.

3. Fees, tokens and subscriptions

The Service is provided on a token basis and via monthly subscriptions. Prices, token grants and consumption follow what is displayed within the Service.

Subscriptions renew automatically unless cancelled. Monthly tokens do not roll over.

Due to the nature of digital content, consumed tokens and completed payments are non-refundable except where required by law. If a generation technically fails, the corresponding tokens are refunded automatically.

4. Payments

Payments are processed by a third-party payment provider (Stripe). Card and similar details are handled by that provider and are not retained by the Operator. The provider terms also apply.

5. Your responsibilities and outputs

You represent that you hold the necessary rights to any images or materials you upload.

Outputs of the Service (images, videos, text, etc.) are automatically generated by AI and are not real people or actual photography. Reviewing outputs, deciding on commercial use, verifying non-infringement of third-party rights (likeness, copyright, trademark, etc.), and compliance with applicable laws and the rules of each marketplace (such as Rakuten or Amazon) are entirely your responsibility.

The Operator makes no warranty that outputs are fit for any particular purpose, accurate, lawful, or non-infringing.

6. Prohibited conduct

You must not:

- Violate any law or public order and morals

- Infringe the intellectual property, likeness, privacy or other rights of third parties

- Generate or use content that endangers the safety of minors, including sexualized depictions of minors

- Engage in misleading representation, impersonation or defamation

- Copy, modify, reverse engineer, resell, or place excessive load on the Service

- Otherwise harm the rights or interests of the Operator or third parties

7. Intellectual property

Intellectual property in the Service itself (software, UI, trademarks, etc.) belongs to the Operator or its licensors.

Rights to use outputs belong to you, to the extent permitted by applicable law and the API terms of the underlying AI providers, excluding anything generated or used in breach of these Terms.

8. Disclaimer of warranties

The Service is provided AS IS. The Operator disclaims all warranties, whether express or implied, including merchantability, fitness for a particular purpose, completeness, accuracy, availability and non-infringement.

Given the nature of generative AI, the Service may produce inaccurate or incorrect results. The Service may be offered as a research preview (beta) and may be changed, suspended or discontinued without notice.

9. Limitation of liability

To the maximum extent permitted by law, the Operator is not liable for any indirect, special, consequential or incidental damages, lost profits, or loss of data or goodwill arising from the use or inability to use the Service.

Where liability is nonetheless established, the total amount is limited to the amount you actually paid to the Operator in the one month immediately preceding the event giving rise to the liability.

10. Indemnification

You agree to indemnify and hold the Operator harmless from any claims, demands or damages by third parties arising from your breach of these Terms or your use of the Service (including use of outputs).

11. Changes, suspension and termination

The Operator may change, suspend or discontinue the Service without prior notice, and is not liable for any resulting loss to you.

12. Governing law and jurisdiction

These Terms are governed by the laws of Japan. Any dispute relating to the Service is subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Operator as the court of first instance.

13. Changes to these Terms

The Operator may revise these Terms as needed. Revised Terms take effect when posted on the Service. Continued use after that constitutes acceptance.

14. Contact

For questions about these Terms, contact support@sugatastudio.app.