Terms of Service

Article 1 (Definitions)

The following terms used in these Terms shall have the meanings set forth below.

1. “The Company” shall mean “Seakr.”
2. “The Service” shall mean the service provided by the Company (including any service after a name or content change, for any reason).
3. “The Company's Application” shall mean the application provided by the Company through which the Service can be used.
4. “The Company's Website” shall mean the website operated by the Company with the domain “seakr.me” (including any website after a domain or content change, for any reason).
5. “Registered User” shall mean an individual or corporation that has been registered as a user of the Service in accordance with Article 3 (Registration).
6. “User Content” shall mean content (including but not limited to text, images, videos, and other data) that a Registered User posts or otherwise transmits using the Service.

Article 2 (Application)

1. The purpose of these Terms is to define the terms and conditions for the provision of the Service and the rights and obligations between the Company and Registered Users concerning the use of the Service, and they shall apply to all relationships between Registered Users and the Company concerning the use of the Service.
2. The Privacy Policy regarding the use of the Service, as posted on the Company's Website and the Company's Application, shall constitute a part of these Terms.
3. In the event of any conflict between the content of these Terms and the rules mentioned in the preceding paragraph or any other descriptions of the Service outside of these Terms, the provisions of these Terms shall prevail.

Article 3 (Registration)

1. A person who wishes to use the Service (hereinafter referred to as an “Applicant for Registration”) may apply to the Company for registration to use the Service by agreeing to comply with these Terms and providing certain information specified by the Company (hereinafter referred to as “Registration Information”) in a manner prescribed by the Company.
2. The Company shall determine whether to approve the registration of an Applicant for Registration who has applied pursuant to Paragraph 1 (hereinafter referred to as an “Applicant”) in accordance with the Company's criteria. If the Company approves the registration, it shall notify the Applicant to that effect. The registration of the Applicant as a Registered User shall be deemed complete upon the Company's issuance of this notification.
3. The Company may refuse registration or re-registration if an Applicant falls under any of the following items, and shall not be obligated to disclose the reasons for such refusal.
   1. If there are any falsehoods, errors, or omissions in all or part of the Registration Information provided to the Company.
   2. If 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, curator, or assistant.
   3. If the Company determines that the Applicant is an anti-social force (meaning an organized crime group, a member of an organized crime group, a right-wing organization, or any other similar entity; the same shall apply hereinafter), or is involved in any interaction or engagement with anti-social forces, such as by providing funds or otherwise cooperating with or being involved in the maintenance, operation, or management of anti-social forces.
   4. If the Company determines that the Applicant has previously breached a contract with the Company or is a related party thereof.
   5. If the Applicant has been subject to measures stipulated in Article 10.
   6. In any other case where the Company deems the registration to be inappropriate.

Article 4 (Usage Fees and Payment Methods)

1. When using the paid services of the Service, Registered Users shall pay the usage fees separately determined by the Company and displayed within the Service, using the method specified by the Company.
2. Payment of usage fees shall be made through payment methods provided by Apple Inc., Google LLC, or other third-party payment services with which the Company has a contract (hereinafter collectively referred to as “Payment Service Providers”). Registered Users shall comply with the terms of use and other conditions set by the Payment Service Provider they use.
3. The Company shall not refund any usage fees once paid by a Registered User for any reason, except where attributable to the Company or required by law.
4. Notwithstanding the preceding paragraph, for refunds related to charges made through the Apple App Store or Google Play Store, the terms of use and policies of each respective platform shall apply, and the Registered User shall follow the procedures prescribed by said platform.
5. Subscription services shall automatically renew for the same contract period upon expiration unless the Registered User completes the prescribed cancellation procedure. If a Registered User does not wish for automatic renewal, they must complete the cancellation procedure by the next renewal date through the method prescribed by the platform where the subscription was registered (e.g., Apple App Store, Google Play Store, the Company's Website).

Article 5 (Prohibited Acts)

In using the Service, Registered Users must not engage in any of the following acts or any acts that the Company deems to fall under any of the following.

1. Acts that violate laws and regulations or are related to criminal activity.
2. Acts of fraud or intimidation against the Company, other users of the Service, or other third parties.
3. Acts that are contrary to public order and morals.
4. Acts that infringe upon the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, other users of the Service, or other third parties.
5. Transmitting to the Company or other users of the Service, through the Service, any information that falls under, or that the Company deems to fall under, any of the following:
   • Information containing excessively violent or cruel expressions.
   • Information containing computer viruses or other harmful computer programs.
   • Information containing expressions that damage the reputation or credibility of the Company, other users of the Service, or other third parties.
   • Information containing excessively obscene expressions.
   • Information containing expressions that promote discrimination.
   • Information containing expressions that promote suicide or self-harm.
   • Information containing expressions that promote the inappropriate use of drugs.
   • Information containing anti-social expressions.
   • Information seeking the dissemination of information to third parties, such as chain mail.
   • Information containing expressions that cause discomfort to others.
6. Acts that place an excessive load on the network or systems of the Service.
7. Acts of reverse engineering or other analysis of the software or other systems provided by the Company.
8. Acts that may interfere with the operation of the Service.
9. Unauthorized access to the Company's network or systems.
10. Impersonating a third party.
11. Using the ID or password of another user of the Service.
12. Any advertising, promotion, solicitation, or business activities on the Service not previously approved by the Company.
13. Collecting information of other users of the Service.
14. Acts that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or other third parties.
15. Acts that violate the Privacy Policy concerning the use of the Service as posted on the Company's Website.
16. Providing benefits to anti-social forces.
17. Acts for the purpose of meeting unacquainted persons of the opposite sex.
18. Acts that directly or indirectly cause or facilitate any of the preceding acts.
19. Attempting to perform any of the preceding acts.
20. Using generated content produced by the Company or the Service for spreading misinformation, fraud, false advertising, or in any other misleading manner.
21. Using generated content to infringe upon the reputation, credibility, privacy, portrait rights, intellectual property rights, or other rights of a third party.
22. Using the Service to obtain information requiring professional advice in fields such as medicine, law, or finance, and using or relying on it as professional advice.
23. Using generated content for the purpose of infringing upon copyrights, trademarks, portrait rights, publicity rights, or other intellectual property rights.
24. Using generated content for the purpose of promoting or inciting criminal acts, violent acts, terrorist acts, or discriminatory acts.
25. Misusing, abusing, or violating the terms of service of OpenAI or other third-party AI technologies through the Service.
26. Any other acts that the Company deems inappropriate.

Article 6 (Suspension of the Service, etc.)

The Company may suspend or interrupt the provision of all or part of the Service without prior notice to Registered Users if any of the following events occur.

1. In case of urgent inspection or maintenance of the computer systems related to the Service.
2. When the Service cannot be operated due to computer or communication line failures, operational errors, excessive concentration of access, unauthorized access, hacking, or other such issues.
3. When the Service cannot be operated due to force majeure events such as earthquakes, lightning, fires, floods, power outages, or natural disasters.
4. In any other case where the Company deems suspension or interruption necessary.

Article 7 (Attribution of Rights)

1. All intellectual property rights related to the Company's Website and the Service belong to the Company or to those who have licensed them to the Company. The license to use the Service under these Terms does not imply a license to use the intellectual property rights of the Company or its licensors related to the Company's Website or the Service.
2. The Registered User represents and warrants to the Company that they have the legal right to post or otherwise transmit User Content and that the User Content does not infringe upon the rights of any third party.
3. The Registered User grants the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the User Content. The Registered User also grants other Registered Users a non-exclusive license to use, reproduce, distribute, create derivative works of, display, and perform the User Content posted or otherwise transmitted by the Registered User using the Service.
4. The Registered User agrees not to exercise moral rights of authors against the Company or any party that has succeeded to or been granted rights by the Company.

Article 8 (Deregistration, etc.)

1. If a Registered User falls under any of the following items, the Company may, without prior notice or demand, delete or hide the User Content, temporarily suspend the use of the Service for that Registered User, or cancel the registration of the Registered User.
   1. If the Registered User violates any of the provisions of these Terms.
   2. If it is discovered that there are falsehoods in the Registration Information.
   3. In the event of a suspension of payments or insolvency, or if a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings.
   4. If there has been no use of the Service for six months or more.
   5. If there is no response for 30 days or more to inquiries or other communications from the Company that require a response.
   6. If the Registered User falls under any of the items in Article 3, Paragraph 4.
   7. In any other case where the Company deems the continued use of the Service or the registration as a Registered User to be inappropriate.
2. If a Registered User falls under any of the items in the preceding paragraph, they shall automatically forfeit the benefit of time for all debts owed to the Company and must immediately pay all such debts to the Company.

Article 9 (Withdrawal)

1. A Registered User may withdraw from the Service and cancel their registration as a Registered User by completing the procedure prescribed by the Company (pressing the withdrawal button in the application).
2. Upon withdrawal, if there are any outstanding debts to the Company, the Registered User shall automatically forfeit the benefit of time for all such debts and must immediately pay all such debts to the Company.
3. The handling of user information after withdrawal shall be in accordance with the provisions of Article 13.

Article 10 (Changes to or Termination of the Service)

1. The Company may, at its own convenience, change the content of the Service or terminate its provision.
2. If the Company terminates the provision of the Service, it shall notify Registered Users in advance.

Article 11 (Disclaimer of Warranties and Limitation of Liability)

1. The Company makes no warranty, express or implied, that the Service will be fit for a Registered User's specific purpose, have the expected functionality, commercial value, accuracy, or usefulness, that the use of the Service by a Registered User will comply with applicable laws or internal regulations of industry groups, that it will be continuously available, or that no defects will occur.
2. The Company shall not be liable for damages incurred by a Registered User in connection with the Service beyond the amount of consideration paid by the Registered User to the Company in the past 12 months. Furthermore, the Company shall not be liable for incidental, indirect, special, future, or lost profit damages.
3. Any transactions, communications, or disputes arising between a Registered User and other Registered Users or third parties in connection with the Service or the Company's Website shall be resolved by the Registered User at their own responsibility.
4. The Service utilizes generative AI, and due to its nature, its accuracy, completeness, reliability, and usefulness are not guaranteed. The Company does not warrant the legality, reliability, accuracy, completeness, or usefulness of the generated content provided by the Service, and Registered Users shall use it at their own judgment and responsibility.
5. The Company shall not be liable if the generated content infringes upon the rights of a third party or contains misinformation or inappropriate content. Registered Users shall comply with applicable laws and these Terms regarding the use of generated content and shall manage it appropriately at their own responsibility.
6. The Service does not provide medical, legal, financial, or other professional advice. Registered Users are encouraged to consult with a specialist when such information is required. The Company shall not be liable for any damages arising from the misuse of generated content by the Registered User.
7. The Service transmits the Registered User's input data to a third-party AI provider (e.g., OpenAI) and provides the processed results. The Registered User understands and agrees that by using the Service, their input data may be transmitted to an AI provider located overseas.
8. If content generated by a Registered User using the Service causes damage to a third party, the Company shall bear no responsibility, and the Registered User shall resolve the matter at their own responsibility.

Article 12 (Confidentiality)

The Registered User shall treat as confidential any non-public information disclosed by the Company in connection with the Service that the Company has requested to be treated confidentially, except with the prior written consent of the Company.

Article 13 (Handling of User Information)

1. The handling of a Registered User's user information by the Company shall be governed by the Company's separate Privacy Policy, and the Registered User agrees that the Company will handle their user information in accordance with this Privacy Policy.
2. The Company may, at its discretion, use and disclose information and data provided by the Registered User to the Company as statistical information in a form that does not identify individuals, and the Registered User shall not object to this.

Article 14 (Changes to the Terms, etc.)

The Company may amend these Terms when it deems necessary. In the event of an amendment to these Terms, the Company will announce the effective date and content of the amended Terms by posting them on the Company's Website or by other appropriate means, or by notifying the Registered Users. However, for amendments that require the consent of the Registered User under law, the Company shall obtain the Registered User's consent in a manner prescribed by the Company.

Article 15 (Contact/Notification)

1. Inquiries regarding the Service and other communications or notifications from Registered Users to the Company, as well as notifications concerning changes to these Terms and other communications or notifications from the Company to Registered Users, shall be conducted in a manner prescribed by the Company.
2. If the Company sends a communication or notification to the email address or other contact information included in the Registration Information, the Registered User shall be deemed to have received such communication or notification.

Article 16 (Assignment of Status Under the Service Agreement, etc.)

1. The Registered User may not assign, transfer, pledge as collateral, or otherwise dispose of their status under the user agreement or their rights or obligations under these Terms to a third party without the prior written consent of the Company.
2. In the event that the Company transfers the business related to the Service to another company, the Company may assign its status under the user agreement, its rights and obligations under these Terms, and the Registered User's Registration Information and other customer information to the transferee of said business transfer. The Registered User shall be deemed to have given their prior consent to such assignment in this paragraph. The business transfer referred to in this paragraph shall include not only ordinary business transfers but also company splits and any other case where the business is transferred.

Article 17 (Severability)

Even if any provision or part of these Terms is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining parts of any provision determined to be partially invalid or unenforceable shall continue in full force and effect.

Article 18 (Governing Law and Jurisdiction)

1. The governing law of these Terms shall be the laws of Japan.
2. Any and all disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.