Terms and Conditions

The following terms, conditions, and guidelines apply to all users of the service "GAZAI" provided by GAZAI Co., Ltd. By using "GAZAI," you agree to the End User Terms, Image Generation Guidelines, and Coin Service Terms. Additionally, those who wish to register as LoRA creators must agree to the LoRA Creator Terms.

End User Terms

The End User Terms (hereinafter referred to as "these Terms") set forth the conditions of the contract between GAZAI Co., Ltd. (hereinafter referred to as "the Company") and users who generate images using the "GAZAI" service provided by the Company. Before using the service, you must read the entire text of these Terms and agree to them.

Article 1 (Definitions)

The definitions of terms used in these Terms are as follows:

"Service" refers to the services provided in "GAZAI" by the Company, including the image generation services described below and the LoRA creation services stipulated in the LoRA Creator Terms. To receive the LoRA creation services, you must agree to the LoRA Creator Terms and enter into the LoRA Creation Service Contract with the Company as described below.
"Image Generation Services" refer to the following services and any other services the Company may choose to provide:
1. Selecting an image generation model and generating images using it
2. Saving, publishing, or editing generated images within the service or to third parties
3. Creating a user page, setting a profile, etc.
"User" refers to any individual receiving the Service, including end users and LoRA creators as defined in the LoRA Creator Terms.
"End User" refers to an individual receiving the Image Generation Services.
"LoRA Creator" refers to an individual receiving the LoRA Creation Services.
"Image Generation Service Contract" refers to the contract established between the user and the Company by agreeing to these Terms and registering as a user.
"LoRA Creation Service Contract" refers to the contract established between the user and the Company by agreeing to the LoRA Creator Terms and registering as a LoRA creator.
"Contract" refers to the Image Generation Service Contract and the LoRA Creation Service Contract.

Article 2 (Application)

These Terms aim to define the rights and obligations between the Company and the user regarding the provision of the Service, and apply to all relationships between the user and the Company related to the use of the Service.
The Company may set separate rules (hereinafter referred to as "Individual Terms") regarding the use of the Service. These Individual Terms form part of these Terms.
If there is any conflict between the content of these Terms and the Individual Terms, the content of the Individual Terms shall take precedence.

Article 3 (Registration)

Individuals who wish to use the Image Generation Services as end users (hereinafter referred to as "Registration Applicants") can apply to register for the service by agreeing to comply with these Terms and providing the required information (hereinafter referred to as "Registration Information") to the Company in the manner prescribed by the Company.
The Company will determine whether to accept the registration application based on the criteria of the Company. If the Company accepts the registration, the Company will notify the Registration Applicant accordingly. The Registration Applicant will complete the registration as an end user when the Company sends this notice.
At the time the registration is completed as described in the preceding paragraph, the Image Generation Service Contract based on these Terms will be established between the end user and the Company, and the end user will be able to use the Image Generation Services in accordance with these Terms.
The Company may refuse registration or re-registration if any of the following applies, and is not obligated to disclose the reasons:
1. When any or all of the information provided to the Company contains falsehoods, errors, or omissions
2. When the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent of a legal representative, guardian, or curator
3. When the Company reasonably judges that the applicant is involved with anti-social forces (e.g., organized crime groups)
4. When the applicant has previously violated these Terms or other contracts with the Company, or is related to such a person
5. When the applicant has previously been subject to measures stipulated in Article 11 (Termination by the Company)
6. When the Company reasonably deems that registration is inappropriate for other reasons

Article 4 (Changes to Registration Information)

End users must promptly notify the Company of any changes to the Registration Information in the manner prescribed by the Company.

Article 5 (Management of Passwords and User IDs)

Users are responsible for properly managing and storing their passwords and user IDs related to the Service and must not allow third parties to use them, or transfer, loan, or sell them.
Users are responsible for any damages arising from insufficient management, misuse, or third-party use of their passwords or user IDs. The use of a user ID by a third party will be considered the user's actions, and these Terms will apply.

Article 6 (Provision of Image Generation Services)

The Company provides Image Generation Services to end users.
If the prompt inputted by the end user for image generation violates Article 8 (Prohibited Conduct), the Company may display a warning and either allow image generation or prohibit it.
End users can save or publish generated images (hereinafter referred to as "Generated Images") to third parties within or outside the Image Generation Services. However, if a warning has been displayed, the end user cannot publish the Generated Image within the Image Generation Services.
The Company may delete Generated Images if they are deemed inappropriate under the intent of Article 8 (Prohibited Conduct) or if they fall under Article 11 (Termination by the Company), Section 1.
End users must back up their own Generated Images at their own responsibility, and the Company assumes no responsibility for the storage, backup, or retention of Generated Images.

Article 7 (Fees and Payment Methods)

Coins, whether free or paid, are required to use the Image Generation Services. The use of coins is subject to the Coin Service Terms.

If an end user delays payment of any fees, including the cost of purchasing coins, they must pay a penalty interest of 14.6% per annum to the Company.

Article 8 (Prohibited Conduct)

End users must not engage in any of the following conduct or conduct that may lead to it:

Conduct that violates laws or is related to criminal acts
Fraud or threats against the Company, other users of the Service, or third parties
Providing information that includes overly violent, obscene, or offensive expressions
Violating intellectual property rights, privacy, or other rights of the Company, other users, or third parties
Causing excessive load on the Service's network or systems
Reverse engineering or analyzing the Company's software or other systems
Developing competing services using the Service
Any conduct that may interfere with the operation of the Service
Unauthorized access to the Company's network or systems
Impersonation of a third party
Using the ID or password of another user
Unauthorized promotion, advertising, solicitation, or business activity on the Service
Collecting information from other users of the Service
Conduct that causes harm to the Company, other users, or third parties
Supporting or benefiting anti-social forces
Engaging in activities with the aim of meeting unfamiliar individuals of the opposite sex
Attempting any of the above actions
Other conduct that the Company reasonably deems inappropriate

Article 9 (Suspension of Service)

The Company may suspend or interrupt the provision of the Service without prior notice to users if any of the following applies:
1. When conducting inspections or maintenance of the systems involved in the Service
2. When it becomes impossible to operate the Service due to computer or communication line failures, unauthorized access, hacking, or other issues
3. When the operation of the Service becomes impossible due to natural disasters, power outages, or other acts of God
4. Other cases where the Company reasonably determines that suspension or interruption is necessary

Article 10 (Ownership of Rights)

All copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to obtain or apply for the registration of these rights) related to the Company's website and the Service belong to the Company or those who have licensed these rights to the Company. However, this does not apply to Generated Images created using the Image Generation Services.
If the Generated Images are copyrighted works and the user is the author, the copyright belongs to the user.
Users grant a non-exclusive, worldwide, royalty-free license to the Company and other LoRA creators to use, reproduce, distribute, publicly transmit, modify, and adapt the Generated Images at the time of generation. Users agree not to exercise moral rights of authorship against the Company, LoRA creators, or any third party designated by the Company. However, the scope of use by other LoRA creators is determined separately by the Company.

Article 11 (Termination by the Company)

The Company may, without prior notice or demand, delete or hide published Generated Images, temporarily suspend the use of the Service, cancel the user's registration, or terminate the Contract in whole or in part if any of the following applies:
1. When the user violates any provision of these Terms
2. When the Company suspects that the Generated Images were created for the purpose of infringing the rights or interests of third parties
3. When a third party alleges that the Generated Images infringe their rights
4. When the user becomes unable to make payments or files for bankruptcy or similar legal proceedings
5. When the user has not used the Service for more than six months
6. When the user fails to respond to inquiries from the Company for more than 30 days
7. When the user falls under any of the conditions in Article 3, Section 4
8. Other cases where the Company reasonably deems the continuation of the Service or user registration inappropriate
If any of the conditions in the previous section apply, the user will lose any right to defer payment obligations and must immediately pay all outstanding debts to the Company.
The Company may terminate the Contract with one month's notice to the user.
The Company will not be liable for any damages incurred by the user due to actions taken under this Article.

Article 12 (Termination by the End User)

End users may terminate the Image Generation Service Contract at any time by following the prescribed procedures of the Company. However, payments already made will not be refunded.

Article 13 (Modification and Termination of the Service)

The Company may modify parts of the Service at any time at its discretion.
The Company may terminate the entire Service at any time at its discretion.

Article 14 (Disputes with Third Parties)

If any disputes arise between the user and a third party regarding the Generated Images, including infringements of intellectual property rights, the user must immediately notify the Company and resolve the issue at their own responsibility and expense without causing any inconvenience to the Company.

Article 15 (Disclaimer and Limitations of Liability)

The Company does not guarantee that the Image Generation Services will meet the specific purposes of end users, have the expected functions, accuracy, or usefulness, comply with laws or regulations applicable to end users, or not infringe the intellectual property rights, privacy, honor, or other rights or interests of third parties, or that the Service will be continuously available without issues.
The Company is not responsible for any damages incurred by end users arising from the Image Generation Services. However, this does not apply if the Contract falls under a consumer contract under the Consumer Contract Act.
Even in cases where the Company is liable, the Company will not be responsible for any special damages arising from the Company's breach of contract or tort, and the liability for damages caused by the Company's negligence is limited to 1,500 yen.
The Company is not involved in any transactions, communications, or disputes between users or between users and third parties related to the Image Generation Services or the Company's website, and users must resolve these issues at their own expense and responsibility without causing any inconvenience to the Company.

Article 16 (Confidentiality)

Users must keep confidential any non-public information disclosed by the Company in connection with the Service and that the Company designates as confidential, unless the user has prior written consent from the Company.

Article 17 (Handling of Information)

When users provide personal information to the Company, the handling of such personal information will be governed by the Company's Privacy Policy (https://www.gazai.ai/en/privacy-policy).
The Company may use and disclose information and data provided by users in a form that does not identify individuals as statistical information at its discretion, and users agree to this.

Article 18 (Amendments to These Terms)

The Company may amend these Terms in the following cases:
1. If the amendment is in the general interest of end users
2. If the amendment does not contradict the purpose of the Image Generation Service Contract and is reasonable in light of the necessity of the amendment, the appropriateness of the amended content, and other relevant circumstances
The Company will notify users of any amendments to these Terms by uploading the revised Terms to its website and specifying the effective date.

Article 19 (Notices and Communication)

Any inquiries or communications from users to the Company, or notifications from the Company to users, regarding the Service will be conducted in the manner prescribed by the Company.
Users will be deemed to have received communications from the Company when the Company sends them to the email address or other contact information included in the Registration Information.

Article 20 (Transfer of Contractual Status)

Users may not assign, transfer, pledge, or otherwise dispose of their status under the Contract or any rights or obligations without prior written consent from the Company.
In the event that the Company transfers the business related to the Service to another company, the Company may transfer the contractual status, rights, obligations, and user registration information under the Contract to the transferee as part of the business transfer, and users hereby consent to such transfer in advance. The term "business transfer" includes not only ordinary business transfers but also all cases where the business is transferred through company splits or other means.

Article 21 (Severability)

Even if any provision of these Terms or a part thereof is determined to be invalid or unenforceable under laws or regulations, the remaining provisions of these Terms and the remaining parts of the provisions determined to be invalid or unenforceable will remain in full force.

Article 22 (Survival of Clauses)

Even after the termination of the Contract for any reason, the provisions of Article 5 (Management of Passwords and User IDs), Section 2, Article 10 (Ownership of Rights), Article 11 (Termination by the Company), Section 2 and Section 4, Article 12 (Termination by the End User), Article 14 (Disputes with Third Parties), Article 15 (Disclaimer and Limitations of Liability), Article 16 (Confidentiality), Article 17 (Handling of Information), Article 19 (Notices and Communication), Article 20 (Transfer of Contractual Status), Article 21 (Severability), and this Article, as well as Article 23 (Governing Law and Jurisdiction), will remain in effect.

Article 23 (Governing Law and Jurisdiction)

The governing law of these Terms and the Contract will be Japanese law.
Any disputes arising from or related to these Terms or the Contract will be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Established on September 26, 2024

Image Generation Guidelines

When generating images, users must comply with the End User Terms and the following guidelines:

Respect other creators
Tag mature content
Do not post hateful content
Do not post child exploitative content
Promote meaningful dialogue
Respect other members
Do not manipulate media with inappropriate intent
Penalties

Established on September 26, 2024

LoRA Creator Terms

The LoRA Creator Terms (hereinafter referred to as "these Creator Terms") set forth the conditions of the contract between LoRA creators who create and publish LoRA content in the "GAZAI" service provided by the Company and the Company, regarding the provision of LoRA creation services (hereinafter referred to as "LoRA Creation Services"). Before using the LoRA Creation Services, you must read the entire text of these Creator Terms and agree to them. Additionally, unless otherwise specified, terms used in these Creator Terms will follow the definitions in the End User Terms (hereinafter referred to as the "Original Terms").

Article 1 (Application)

These Creator Terms aim to define the rights and obligations between the Company and LoRA creators regarding the provision of the LoRA Creation Services, and apply to all relationships between LoRA creators and the Company related to the use of the LoRA Creation Services.
The Company may set separate rules (hereinafter referred to as "Individual Terms") regarding the use of the LoRA Creation Services. These Individual Terms form part of these Creator Terms.
If there is any conflict between the content of these Creator Terms and the Individual Terms, the content of the Individual Terms shall take precedence.
If any matter is not stipulated in these Creator Terms, the Original Terms will apply. If there is any conflict between the content of the Original Terms and these Creator Terms, the content of these Creator Terms will take precedence.

Article 2 (Registration)

Individuals who wish to use the LoRA Creation Services as LoRA creators must agree to the Original Terms and enter into the Image Generation Service Contract with the Company, then agree to these Creator Terms and apply for registration for the LoRA Creation Services in the manner prescribed by the Company.
At the time the registration is completed as described in the preceding paragraph, the LoRA Creation Service Contract based on these Creator Terms will be established between the LoRA creator and the Company, and the LoRA creator will be able to use the LoRA Creation Services in accordance with these Creator Terms.
The procedures for LoRA creators' registration shall be governed by the provisions of Article 3 (Registration), Sections 3 and 4, and Article 4 (Changes to Registration Information) of the Original Terms.

Article 3 (Contents of LoRA Creation Services)

The contents of the LoRA Creation Services available to LoRA creators are as follows, in addition to any other services the Company may choose to provide:
1. Creating image generation models and performing additional training (learning)
2. Publishing and editing image generation models within the Service
If the Company determines that a LoRA creator may create image generation models in violation of Article 5 (Prohibited Conduct), those image generation models may not be published within the Service.
Published image generation models may be used by other users. Users can input text, images, or both into the image generation models to generate images, which can then be saved or published to third parties within or outside the Service. Users may also modify certain parameters of the image generation model during image generation.
Even for published image generation models, if the Company determines that they are inappropriate under the intent of Article 5 (Prohibited Conduct), the Company may restrict the use of those image generation models by other users.

Article 4 (Fees and Payment Methods)

LoRA creators must pay the usage fees for the LoRA Creation Services as specified separately by the Company and displayed on the Company's website, using the payment method designated by the Company.
If a LoRA creator delays payment of the usage fees, they must pay a penalty interest of 14.6% per annum to the Company.

Article 5 (Prohibited Conduct)

LoRA creators must not engage in any conduct that violates the prohibited conduct stipulated in Article 8 (Prohibited Conduct) of the Original Terms or encourage other users to engage in such conduct.

Article 6 (Ownership of Rights)

LoRA creators grant a non-exclusive, worldwide, royalty-free license to the Company and users to use, reproduce, distribute, publicly transmit, modify, and adapt the image generation models created by the LoRA creators (hereinafter referred to as "Generated Models") at the time of their publication. LoRA creators agree not to exercise moral rights of authorship. However, the scope of use by other users of the Generated Models is determined separately by the Company.

Article 7 (Termination by LoRA Creators)

LoRA creators may terminate the LoRA Creation Service Contract at any time by following the prescribed procedures of the Company. However, payments already made will not be refunded.
LoRA creators may not terminate only the Image Generation Service Contract without also terminating the LoRA Creation Service Contract, as stipulated in Article 12 (Termination by the End User) of the Original Terms.

Article 8 (Warranties and Responsibilities of LoRA Creators)

LoRA creators represent and warrant the following:
1. They have the necessary rights to perform additional training (learning) to create the Generated Models
2. They have not created Generated Models in violation of Article 5 (Prohibited Conduct)
3. The Generated Models are created in compliance with these Creator Terms and the Company's rules
4. The description of the Generated Models published is accurate
If any disputes arise between the LoRA creator and third parties regarding the Generated Models, including infringement of intellectual property rights, the LoRA creator must immediately notify the Company and resolve the issue at their own responsibility and expense without causing any inconvenience to the Company.

Article 9 (Disclaimer and Limitations of Liability)

The Company does not guarantee that the LoRA Creation Services will meet the specific purposes of LoRA creators, have the expected functions, accuracy, or usefulness, comply with laws or regulations applicable to LoRA creators, or not infringe the intellectual property rights, privacy, honor, or other rights or interests of third parties, or that the Service will be continuously available without issues.
The Company is not responsible for any damages incurred by LoRA creators arising from the LoRA Creation Services. However, this does not apply if the LoRA Creation Service Contract falls under a consumer contract under the Consumer Contract Act.
Even in cases where the Company is liable, the Company will not be responsible for any special damages arising from the Company's breach of contract or tort, and the liability for damages caused by the Company's negligence is limited to the amount of fees received by the Company from the LoRA creator in the month in which the damages occurred.
The Company is not involved in any transactions, communications, or disputes between LoRA creators and other users or third parties related to the LoRA Creation Services or the Company's website, and LoRA creators must resolve these issues at their own expense and responsibility without causing any inconvenience to the Company.

Article 10 (Amendments to These Creator Terms)

The Company may amend these Creator Terms in the following cases:
1. If the amendment is in the general interest of LoRA creators
2. If the amendment does not contradict the purpose of the LoRA Creation Service Contract and is reasonable in light of the necessity of the amendment, the appropriateness of the amended content, and other relevant circumstances
The Company will notify users of any amendments to these Creator Terms by uploading the revised Terms to its website and specifying the effective date.

Article 11 (Survival of Clauses)

Even after the termination of the Contract or the LoRA Creation Service Contract for any reason, the provisions of Article 4 (Fees and Payment Methods) (if there are any unpaid fees), Article 6 (Ownership of Rights), Article 7 (Termination by LoRA Creators), and Article 8 (Warranties and Responsibilities of LoRA Creators) will remain in effect.

Established on July 18, 2024

Revised on September 26, 2024

Coin Service Terms

The Coin Service Terms (hereinafter referred to as "these Coin Service Terms") set forth the conditions between users and the Company regarding the granting, storage, and use of coins in the "GAZAI" service. Before using the Coin Service, you must read the entire text of these Coin Service Terms and agree to them. Additionally, unless otherwise specified, terms used in these Coin Service Terms will follow the definitions in the End User Terms and LoRA Creator Terms.

Article 1 (Definitions)

The definitions of terms used in these Coin Service Terms are as follows:

"Free Coins" refer to coins granted free of charge by the Company to users.
"Paid Coins" refer to coins granted by the Company to users for a fee.
"Coins" refer to both Free Coins and Paid Coins.

Article 2 (Granting of Coins)

Users can acquire coins by methods designated by the Company. Additionally, users can purchase Paid Coins in the amounts and prices designated by the Company. The price, units, purchase limits, expiration dates, and other information regarding Paid Coins will be displayed on the purchase screen.

Unless required by law, refunds for Paid Coins will not be provided.

Article 3 (Use of Coins)

Users can use Coins for services or content designated by the Company, and cannot use them for other services or content. The conditions, including the number of Coins required for use or exchange, will be displayed on the Company's website.

Free Coins may be restricted compared to Paid Coins in terms of the services or content that can be used.

If both Free Coins and Paid Coins can be used, Free Coins will be used first.

If the user holds Coins with different expiration dates, the Coins with the earlier expiration date will be used first.

Article 4 (Coin Expiration)

The validity period of Coins is 180 days, starting from the day they are granted.

Article 5 (Transfer of Coins)

Users may not sell, transfer, exchange, or set as collateral their Coins to other users or third parties. Additionally, even if the user holds multiple accounts, Coins cannot be transferred or combined between accounts.

Article 6 (Suspension or Forfeiture of Coins)

The Company may suspend or forfeit the use of Coins if any of the following applies:
1. If the Coins were obtained by fraudulent means or the user knowingly used Coins obtained by fraudulent means
2. If the Coins are counterfeit or altered
3. If the user violates the End User Terms, LoRA Creator Terms, or these Coin Service Terms
4. If the user no longer qualifies as a user at the time of using the Coins
5. If the user's Image Generation Service Contract or LoRA Creation Service Contract is terminated while the user holds Coins
6. If the Company reasonably determines that the user's use of Coins is inappropriate
In addition to the provisions of the preceding paragraph, the Company may temporarily restrict the user's use of Coins if any of the following applies:
1. If it is necessary to determine whether any of the conditions in the preceding paragraph apply
2. If there are circumstances under Article 9 (Suspension of Service) of the End User Terms
3. If the Company reasonably determines that there is a risk that any of the conditions in the preceding paragraph may apply

Article 7 (Processing After Termination of the Contract)

Users agree that the validity period of Coins will expire simultaneously with the termination of the Image Generation Service Contract.

The Company will not be liable for any damages caused to users by deleting data related to Coins under this Article.

Article 8 (Amendments to These Coin Service Terms)

The Company may amend these Coin Service Terms in the following cases:
1. If the amendment is in the general interest of users
2. If the amendment does not contradict the purpose of the Coin Service Contract and is reasonable in light of the necessity of the amendment, the appropriateness of the amended content, and other relevant circumstances
The Company will notify users of any amendments to these Coin Service Terms by uploading the revised Terms to its website and specifying the effective date.

Article 9 (Survival of Clauses)

Even after the termination of the Coin Service Contract for any reason, the provisions of Article 7 (Processing After Termination of the Contract) will remain in effect.

Established on September 26, 2024