“Maison AI Basic” Service Terms of Service

These terms and conditions (hereinafter referred to as the ``Terms'') are based on the cloud-based generative AI utilization support service ``Maison AI Basic'' (hereinafter referred to as the ``Service'') provided by OpenFashion Inc. (hereinafter referred to as the ``Company''). The terms and conditions regarding the use of the Service (hereinafter referred to as "Terms and Conditions") are established between the Company and all subscribers who use the Service (as defined in Article 3). Subscribers should read these Terms carefully before using the Service.

Article 1 (Agreement to these Terms)

The Contractor shall use the Service in accordance with these Terms and may not use the Service unless he or she agrees to the Terms. The contents stipulated in contracts, terms, memorandums, etc. (hereinafter collectively referred to as "Individual Terms") that are separately agreed upon between the Company and the Contractor regarding this Service shall be referred to as these Terms and Conditions with the Contractor. constitutes part of. In the event that there is a conflict between these Terms and the Individual Terms, the contents of the Individual Terms shall prevail.
Unless otherwise specified in the individual terms and conditions, by the contractor agreeing to these terms, a service usage contract (hereinafter referred to as the "Agreement") will be concluded between the contractor and the Company in accordance with these terms and the individual terms. ) holds true.

Article 2 (Revisions/Changes to these Terms)

The Company may change or add to the contents of these Terms with the consent of the Contractor, if the Company deems it necessary. However, if any of the following items apply, it can be deemed that the contractor has given consent.
When such changes or additions are compatible with the general interests of the contractor.
When such changes or additions do not contradict the purpose of entering into these Terms, and are reasonable in light of the necessity, appropriateness of the content, and other circumstances related to the changes or additions.
When making any changes or additions to these Terms, the Company will determine the effective date of the revised Terms, and will inform you of this fact, the details of the change or addition, and the effective date at least two weeks prior to the effective date. will be made known through announcements on the Service or other appropriate methods.
Notwithstanding the provisions of the preceding two paragraphs, if a Contractor uses this Service after the changes to these Terms set forth in the preceding paragraph have been made known, the Contractor will be deemed to have agreed to the changes to these Terms.

Article 3 (Definition of terms)

In these Terms, the following terms are used with the following meanings.

"Contractor"

Corporations, institutions, individual business owners, etc. that apply to provide this service to our company
"User"

A person who uses this service with proper approval from the contractor (including cases where the person is the same as the contractor)
"Contractor, etc."

Collective term for contractors and users
"USER ID"

Code used to identify the user specified by the contractor
“External AI provider”

External businesses selected by our company and providing generation AI tools that can be used through this service

Article 4 (Overview of this service)

This service is a service equipped with various functions to support subscribers in utilizing the generated AI tools provided by external AI providers in their own business. Contractors should use this Service at their own discretion and responsibility, taking into account the characteristics of this Service.
When using the Generative AI Tool, the Contractor should keep in mind that he/she should comply with the latest terms of use and other terms and conditions established by the external AI provider.

Article 5 (observance of usage instructions)

This Service is provided for the purpose of use in the Contractor's own business, and the content provided by the Service to the Contractor, etc. may not be used for selling to a third party or for any other external commercial purpose. You can't.
The Contractor may only allow the use of this Service by the Contractor's officers, employees, or similar persons, and may not allow any other third party to use the Service.
The Contractor shall supervise the User's compliance with these Terms regarding the use of this Service, and shall be responsible as the Contractor for the User's declaration of intent, notifications, and all other actions.
If the Contractor becomes aware of a violation of these Terms by a User, the Contractor shall promptly notify the Company.

Article 6 (User ID)

Those who wish to become a user of this service must agree to the contents of this agreement and register as a contractor and user according to the procedures established by our company. User IDs will be assigned by the Company or the Contractor themselves in accordance with the above registration, based on the method and conditions of use determined by the Company.
The Company may, at its discretion, refuse the registration and provision of a user ID as described in the preceding paragraph. Contractors are responsible for managing the user IDs of users to prevent unauthorized use.
The Contractor may not disclose or lend the User ID to any third party under any circumstances.
The Company is not responsible for any damage caused to the Contractor or the User due to unauthorized use of the User ID. The Company may regard all acts of using the Service that occur after the user ID has been authenticated as belonging to the Contractor.

Article 7 (Preparation and maintenance of usage environment)

The Contractor shall, at its own expense and responsibility, set up the User's equipment (including an environment that enables effective use of the Generated AI Tool) and create an environment for using the Service under the conditions specified by the Company. maintain.
When using this service, the subscriber will connect the user's equipment to the Internet using the telecommunications service of a telecommunications carrier, etc., at his or her own responsibility and expense.
If there is a problem with the Contractor's equipment, the Internet connection specified in the preceding paragraph, or the environment for using the Service, the Company will not be obligated to provide the Service to the User.

Article 8 (Attribution of intellectual property rights)

The Contractor and the Company shall retain all inventions, ideas, designs, copyrighted works (including works created by the Company for the Contractor at the request of the Contractor), trademarks, trade names, etc. that constitute the Service. Patent rights, utility model rights, design rights, and copyrights (Article 27 of the Copyright Act) regarding items that indicate goods or services used in business activities, trade secrets, and other technical or business information useful for business activities. and the rights stipulated in Article 28), and confirm that all rights, including trademark rights, belong to the Company.
The Contractor shall provide the Company with information uploaded online by the Contractor etc. through the Service and information created on the Service (both including prompts and information obtained using prompts). ) may be hosted, stored, or copied for backup purposes, or may be used by the Company without any contract as part of providing this Service (however, any use beyond the provision of this Service to the Contractor) , machine learning, etc.), and even if the contractor has moral rights regarding the information, we confirm that the contractor will not exercise such rights.

Article 9 (Confidentiality)

The Contractor and the Company shall not disclose or leak confidential information disclosed by the other party in connection with the Service to a third party, or disclose or leak the confidential information disclosed by the other party in connection with the Service, or for the purpose of disclosure (for the Contractor, to use the Service; in the case of the Company, to use the Service or related information). It must not be used for any purpose other than providing and improving services. Confidential information refers to the technology of the other party that is disclosed in connection with this service, regardless of whether it is in a document, electromagnetic data, orally, or in any other form, or whether or not it is expressed or expressed as confidential, or whether the scope thereof is specified or not. This refers to commercial or management information, including the terms and conditions of this service.
Notwithstanding the provisions of the preceding paragraph, information listed in any of the following items will not be treated as confidential information.
Information already in possession at the time of disclosure
Information that was already publicly known at the time of disclosure, or information that subsequently became publicly known due to reasons not attributable to the individual.
Information lawfully obtained from a third party after disclosure
Information independently developed or created without relying on disclosed confidential information
The Contractor and the Company shall disclose confidential information to officers and employees who are necessary for the purpose of disclosure specified in Paragraph 1 (referring to persons engaged in their own business, regardless of the form of contract such as employment contract, delegation contract, or outsourcing contract). ), joint researchers, subcontractors, external advisors, etc., who are obligated to maintain confidentiality, and may not be used for any purpose other than the purpose for which the information was disclosed.
Notwithstanding Paragraph 1, the Contractor and the Company shall disclose confidential information to the minimum extent necessary in accordance with laws, courts, regulatory authorities, judgments, rules, or orders of financial instruments exchanges and other public institutions with regulatory authority. or may be disclosed. In the event that we make such a public announcement or disclosure, we will notify the other party to that effect as quickly as possible.
If this Agreement is terminated due to termination of the Service, cancellation of this Agreement, or any other reason, the Contractor and the Company will promptly return, dispose of, or otherwise dispose of the confidential information received in accordance with the instructions of the other party.

Article 10 (Handling of personal information)

Our company will handle personal information appropriately in accordance with our separate privacy policy (hereinafter referred to as the "Privacy Policy").
If personal information is included in the data entered into this service, our company will not use it for purposes other than providing this service, and will not use it for purposes other than providing this service. ) and our privacy policy, we will take reasonable safety control measures to protect against risks such as loss, destruction, falsification, leakage, etc., and strictly manage personal information.
We will promptly destroy personal information that is no longer needed for the provision of this service without leaving any copies under our responsibility.

Article 11 (Changes/Suspension of this Service, etc.)

The Company may change or add part of the content of the Service at its discretion without prior notice to the Contractor. Such changes or additions do not guarantee that all functions and performance of the Service prior to the change or addition will be maintained.
Our company may suspend or suspend all or part of the use of this service if any of the following apply. In this case, the Company will endeavor to notify the Contractor in advance as much as possible.
When performing periodic or emergency inspection or maintenance work on computer systems related to this service.
If computers, communication lines, etc. stop due to an accident.
If this service cannot be provided due to force majeure such as power outage or natural disaster.
In other cases where the Company reasonably determines that it is necessary to suspend or interrupt the Service.
The Company shall not be responsible for any disadvantage or damage caused to the Contractor due to the measures set forth in the preceding two paragraphs.

Article 12 (Warranty limitations and disclaimers)

This service is premised on the use of generated AI or generated AI utilization services provided by third parties (hereinafter referred to as "external services"), and the responsibility for the provision and operation of external services is the responsibility of the provider of these services. The business operator (hereinafter referred to as the "affiliated business operator") is responsible for this, and our company does not assume any responsibility for it. In addition, external services are subject to the terms of use and other terms of use established by the affiliated businesses, so please understand these terms of use carefully before using external services and this service.
The Company makes no guarantees regarding the accuracy, up-to-dateness, usefulness, reliability, legality, suitability for a particular purpose, or non-infringement of third party rights regarding this Service.
The Contractor uses this Service at his or her own risk, and the Company shall not be responsible for any damage caused to the Contractor due to the Contractor's use of the Service (excluding those caused by the Company's intention or gross negligence). We do not take any responsibility.

Article 13 (Exclusion of anti-social forces)

The Contractor and the Company are currently involved in organized crime groups, organized crime members, persons who have ceased to be members of organized crime for less than five years, semi-members of organized crime groups, companies related to organized crime groups, corporate racketeers, etc., thugs who claim to be social movements, or special intelligence violent groups. etc., or any other person equivalent to these (hereinafter referred to as "anti-social forces"), and declare that they do not fall under any of the following items, and promise that they will not fall under any of the following items in the future. To do.
Having a relationship where anti-social forces are recognized to be controlling management.
Having a relationship where anti-social forces are deemed to be substantially involved in management.
Having a relationship that is deemed to involve unfair use of anti-social forces, such as for the purpose of gaining fraudulent profits for oneself, one's own company, or a third party, or for the purpose of causing damage to a third party.
Having a relationship that is deemed to be involved in providing funds, etc., or providing convenience to anti-social forces.
An officer or person substantially involved in management has a socially reprehensible relationship with antisocial forces.
The Contractor and the Company promise not to engage in any of the following acts, either by themselves or by using a third party.
violent demands
Unreasonable demands beyond legal responsibility
Acts of threatening behavior or using violence regarding transactions
Acts of spreading rumors, using fraudulent means or force to damage the credibility of the other party, or disrupting the other party's business.
Other acts similar to the preceding items
The Contractor or the Company is an anti-social force or falls under any of the items of Paragraph 1, or engages in any act that falls under any of the items of the preceding Paragraph, or is false regarding representations and commitments based on the provisions of Paragraph 1. If it turns out that you have made such a declaration, you can cancel this agreement without giving any notice to the other party, regardless of whether there is a reason attributable to you.
The Contractor and the Company confirm and acknowledge that if this Agreement is canceled pursuant to the preceding paragraph, the Contractor and the Company shall not be responsible for compensating the other party for any damage caused.

Article 14 (Prohibited acts)

When using this Service, Contractors, etc. must not engage in any of the acts that fall under any of the following items.
Acts that violate these Terms
Acts that infringe on intellectual property rights, portrait rights, privacy rights, honor, and other rights or interests of the Company, other contractors, or other third parties (including acts that directly or indirectly cause such infringements). )
Acts that cause disadvantage or damage to the Company or a third party, or acts that are likely to cause such harm.
Acts that unfairly damage the honor, rights, or trust of others, or acts that may cause such damage.
Acts related to criminal acts or acts that violate public order and morals
Acts that violate laws and regulations or the internal rules of the industry organization to which the Company or the contractor belongs.
Acts that interfere with the use of other contractors, etc., or acts that are likely to do so.
Acts of transmitting information containing computer viruses or other harmful computer programs
Unauthorized access to our system, falsification of program code, intentional falsification of location information, cheating using communication equipment specifications and other applications, distribution of computer viruses, and other interference with the normal operation of this service. Act or potential act
Acts of unauthorized access to the hardware or software that make up this service, acts of cracking, and other acts that interfere with equipment, etc.
Acts of falsifying information that can be used regarding this service
Acts of reverse engineering, decompiling, disassembling, etc. regarding this service
Acts that may interfere with the operation of this service by our company
Acts of using or attempting to obtain another person's user ID
Acts of providing benefits to anti-social forces, etc.
Other acts that our company deems inappropriate.
If the Company determines, based on reasonable grounds, that the Contractor's actions fall under, or are likely to fall under, any of the items in the preceding paragraph, the Company shall suspend the Service without prior notice to the Contractor. You can suspend or limit the use of this service, or delete all or part of the information entered by users on this service. The Company shall not be responsible for any damage or loss incurred by the Contractor, etc. due to the measures taken by the Company pursuant to this section.

Article 15 (Measures against violation of terms, etc.)

If a subscriber falls under any of the following items, the Company will temporarily suspend the use of this service or terminate this agreement for the subscriber without prior notice or demand. You can cancel it.
If you violate any of the provisions of these Terms
When the reasons listed in Article 542, Paragraphs 1 and 2 of the Civil Code occur.
In addition to the cases listed in the preceding items, if the contracting party does not fulfill its obligations and it is clear that there is no prospect of sufficient performance to achieve the purpose of the contract.
If it is found that the information provided to the Company when using this service or the information requested by the Company from the subscriber is false.
If payments are suspended or become insolvent, or if a petition is filed to commence bankruptcy proceedings, civil rehabilitation proceedings, or similar proceedings.
If a bill or check issued or accepted by you is dishonored, or if you receive a suspension of transactions at an electronic exchange or other similar measures.
If there is a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or auction;
If you receive a disposition for delinquent taxes and public dues.
If there is no substantive response to the contact from our company for more than 10 business days without any reasonable reason being shown.
The Company shall not be responsible for any damage caused to the Contractor due to the measures taken by the Company based on the preceding paragraph.

Article 16 (Termination of this Agreement)

The Contractor may cancel this Agreement even during the term of this Agreement by notifying the Company in writing at least two months in advance.
If the Company determines that it is difficult to continue the Service based on reasonable grounds, the Company may abolish the Service by notifying the Subscriber with a reasonable notice period, and the You may cancel this Agreement.

Article 17 (Usage fees/delay charges)

The usage fee for this service is based on the price list determined according to the service plan separately determined by the Company. Contractors should only pay usage fees for this service using the method specified by the Company.

Article 18 (Compensation for damages)

If the Company causes damage to the Contractor due to a violation of these Terms, the Company shall reimburse the Contractor for such damages up to the cumulative amount of Service usage fees that the Company has actually received from the Contractor within the past year. We will compensate you as follows. However, this does not apply if the damage is caused by our company's intention or gross negligence.
If the Contractor causes damage to the Company by violating these Terms or in connection with the use of the Service, the Contractor must compensate the Company for such damage.
If a subscriber receives a complaint from another subscriber or other third party in connection with this service, or if a dispute arises with them, the subscriber must immediately notify the Company of the contents and terminate the contract. Please handle such claims or disputes at your own expense and responsibility, and report the progress and results to us based on our request.
In connection with the use of this service by a subscriber, if the Company receives any claim from another subscriber or other third party due to infringement of rights or for any other reason, the subscriber shall You must compensate the third party for the amount you were forced to pay. However, this does not apply if the compensation is due to the Company's intention or negligence.
Notwithstanding the provisions of Paragraph 1 or Paragraph 2, the parties to this Agreement shall not be liable for damages caused to the other party due to special circumstances (damages that were foreseen or should have been foreseen by the Company or the Contractor). We are not responsible for any damages (including those that may have occurred).

Article 19 (Contact/Notification)

Inquiries regarding this service and other communications or notices from subscribers, etc. to the Company, notices regarding changes to these Terms, and other communications or notices from the Company to the subscribers, etc. (hereinafter collectively referred to as "notifications, etc.") will be sent by e-mail or other means. This will be done in the manner determined by the Company, and notices, etc. will become effective when sent from the Company to the Contractor, etc.
The Company will endeavor to respond in a timely manner to inquiries from Contractors, etc., but is not obligated to do so unless the Company is obligated or responsible under laws or regulations or these Terms of Use. Please note that our company is not obligated to disclose the criteria for responding to inquiries from contractors, etc.
If there is a change in the information provided to the Company as the address for notifications, etc., the Contractor shall promptly notify the Company of the changes. The Company shall not be responsible for any disadvantages caused by the Contractor's failure to make such reports.

Article 20 (Transfer of status, etc.)

The Contractor and the Company shall not assign, transfer, set collateral, or otherwise transfer, transfer, collateralize, or otherwise transfer all or part of the status under this Agreement or the rights or obligations based on this Agreement to a third party without the prior written consent of the other party. It cannot be disposed of. However, this does not apply to stock transfers, business transfers, mergers, company splits, and other organizational reorganizations.

Article 21 (Severability)

Even if any provision or part of these Terms is determined to be invalid or unenforceable, such determination will not affect other parts, and the remaining parts of these Terms will continue to be valid and unenforceable. It has executive power. The Company and the Contractor agree in advance to endeavor to ensure the same effect as the invalid or unenforceable provision or part, and to be bound by the revised Terms of Use.
Even if any provision or part of this agreement is determined to be invalid or unenforceable in relation to one contractor, its validity, etc. in relation to other contractees will not be affected. Make sure there aren't any.

Article 22 (Survival Clause)

Even if this Agreement is terminated, Article 9 (Attribution of Intellectual Property Rights), Article 10 (Confidentiality), Article 11 (Handling of Personal Information), Article 19 (Delay Damages), Article 20 (Compensation for Damages), Article 22 (Transfer of Status), this Article (Survival Clause), and Article 26 (Governing Law and Agreed Jurisdiction) will remain in effect.

Article 23 (Force majeure)

If the performance of this service is prevented due to a natural disaster, the enactment/amendment or abolition of laws and regulations, the spread of epidemics/infectious diseases, or any other force majeure, the Company shall not be subject to the contract due to such force majeure, regardless of this Agreement or any other provisions. We will not be held responsible for any damage caused to anyone.

Article 24 (Governing law and agreed jurisdiction)

The governing law of these Terms of Use shall be Japanese law, and the Tokyo District Court shall have the exclusive jurisdiction of the first instance for any disputes arising from or related to these Terms of Use.

Article 25 (Negotiable solution)

In the event that any matter not stipulated in these Terms or any doubt arises regarding the interpretation of these Terms, the Contractor and the Company shall promptly resolve the matter through mutual consultation in accordance with the principle of good faith and good faith.

Enacted and enforced on March 21, 2024

terms of service

“Maison AI Basic” Service Terms of Service