AI lain Terms of Use

As of August 30, 2023

The AI lain Terms of Use (hereinafter referred to as the “Terms") sets forth the terms and conditions to be observed by users (hereinafter referred to as "Users") of the "AI lain" service (hereinafter referred to as "this Service") provided by Anique Inc. (hereinafter referred to as “Us,” “We” or the "Company"), as well as the rights and obligations between the Company and Users with respect to the use of this Service. Users who use the Service are required to fully understand and agree to the full text of these Terms.

This Service is a service provided by OpenAI, L.L.C. ("OpenAI") using the API of its generated AI service "ChatGPT" (hereinafter referred to as "ChatGPT"), which enables pseudo-communication with AI characters of characters appearing in the animated TV series "serial experiments lain". In this service, Users send text messages to the AI character on the service, and the AI character responds with text and voice. Please note that the text and voice responses of the AI character are based on ChatGPT's API and are not the official opinion of the Company or the licensor of the AI character in question.

Article I (Applicable Terms)

1. The purpose of these Terms is to set forth the rights and obligations between the Company and the User with respect to the use of the Service (including the Service after the name or content of the Service is changed for any reason whatsoever), and shall apply to all relationships between the User and the Company with respect to the use of the Service.

2. Bylaws, rules, guidelines, etc. (hereinafter referred to as "Guidelines") regarding the Service that are posted from time to time on the Company's Website (defined in Article 2) shall constitute a part of these Terms, and the User shall comply with them. In addition, we may, in our reasonable discretion, change the Guidelines from time to time upon notice to the User. In the event of any discrepancy between the Guidelines and these Terms, these Terms shall take precedence.

Article II (Definition)

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

1. “Intellectual Property Rights" means copyrights, patents, utility model rights, trademarks, design rights, and other intellectual property rights (including the right to obtain such rights or to apply for registration of such rights).

2. “Website" means the website operated by Us whose domain is "ai.anique.jp" or "anique.jp" (in the event that the domain or content of our Website is changed for any reason, including the Website after such change).

Article III (Registration)

1. A User who desires to use the Service (hereinafter referred to as a "Prospective User") shall apply for registration to use the Service by agreeing to these Terms and providing the Company with certain information determined by the Company (hereinafter referred to as "Registration Information") in the manner prescribed by the Company.

2. The Company reserves the right to deny registration to any User who falls under any of the following items.

(a) In the event that all or part of the Registration Information provided to the Company is false, erroneous, or omitted.

(b) 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, conservator or assistant.

(c) If the Company determines that an individual or group is involved in antisocial forces, meaning any of the following:

(i) an organized crime group;

(ii) a member of an organized crime group;

(iii) a person who has been a member of a crime group for less than five (5) years since ceasing to be a member of an organized crime group;

(iv) an associate or quasi-member of an organized crime group;

(v) companies affiliated with organized crime groups;

(vi) corporate racketeers (meaning persons who are likely to engage in violent and illegal acts in pursuit of illicit gains from companies, such as soukaiya and other corporate racketeers, and who pose a threat to the safety of citizens’ lives);

(vii) an organized crime group disguised as social movements (meaning persons who are likely to commit violent illegal acts in pursuit of illicit gains under the guise of social or political activities, and who pose a threat to the safety of citizens’ lives);

(viii) an organized crime group specialized in intellectual crimes (meaning groups or individuals other than those listed in (a) through (g) above, acting as the core of structural crime activities, by imposing their power based on their relationship with organized crime groups or through financial connections with them); or

(ix) other persons equivalent to (i) through (viii) above.

(d) Other cases in which the Company reasonably determines that registration is not appropriate.

3. In accordance with the preceding paragraph and other criteria determined separately by the Company, the Company will determine whether or not to accept the registration of a Prospective User, and if the Company accepts the registration, the Company will notify the Prospective User to that effect. Upon such notification, the registration of the Prospective User as a User will be completed, and a contract for the use of the Service in accordance with these Terms (hereinafter referred to as the "Agreement") will be established between the User and the Company.

4. If there is any change in the Registration Information, the User shall notify the Company of such change without delay in the manner prescribed by the Company.

Article IV (Fees and Payment Methods)

1. There is no basic fee for this service.

2. Notwithstanding the provisions of the preceding paragraph, the User shall bear the usage fees posted on the Website when using the Service beyond the free usage portion as separately determined by the Company.

Article V (Password and User ID Management)

1. The User shall manage and store the password and User ID for the Service at his/her own responsibility, and shall not allow any third party to use, lend, transfer, change the name of, sell, or otherwise deal with such password and User ID.

2. The User shall be responsible for any damages caused by inadequate management of the password or User ID, errors in use, or use by a third party, and the Company shall not be liable for any such damages.

3. If the User discovers that his/her password or User ID has been stolen or used by a third party, the User shall immediately notify the Company to that effect and follow the Company's instructions.

4. Any and all activities on the Service performed using a User's password or User ID shall be deemed to be the User's actions.

Article VI (Prohibited Acts)

1. In using the Service, the User shall not engage in any of the following acts

(a) Violation of these Terms.

(b) Infringement on the intellectual property rights, portrait rights, rights to privacy, reputation, or any other rights or interests of the Company, the Company's licensors, or any other third party (including acts that directly or indirectly cause such infringement).

(c) Prompt Injection and similar acts

(d) Acts in violation of laws and regulations, acts related to criminal acts, or acts offensive to public order and morals

(e) Transmitting information regarding sexual relationships

(f) Unauthorized access to the Company's system, falsification of program code in connection therewith, cheating using the specifications of telecommunications equipment or other applications, transmission of information containing computer viruses or other harmful computer programs, or any other act that interferes with or may interfere with the normal operation of this service

(g) Acts that damage or may damage the credibility of this service

(h) Any act reasonably deemed likely to interfere with the Company's operation of the Service

(i) Using the Service by impersonating a third party through the use of another User's account or by any other means.

(j) Use of the Service for commercial purposes

(k) Violation of OpenAI's Terms (including but not limited to Terms, Usage Policies, etc.)

(l) Any other actions that the Company reasonably deems inappropriate.

2. In the event that the Company reasonably determines that a User's act of transmitting information on the Service falls under or is likely to fall under any of the items of the preceding paragraph, the Company may delete all or part of said information without prior notice to the User. Except in the case of willful misconduct or negligence on the part of the Company, the Company shall not be liable for any damages incurred by the User based on actions taken by the Company in accordance with this paragraph.

3. If we determine that a User's conduct falls under any of the items in Paragraph 1, we may take any or all of the following actions without prior notice.

(a) Restrictions on use of this Service

(b) Cancellation of registration due to termination of these Terms

(c) Other acts deemed necessary by the Company

4. We will not be liable for any damages incurred by the User as a result of the measures described in the preceding paragraph.

Article VII (Suspension of the Service, etc.)

1. In any of the following cases, we may suspend or discontinue use of the Service, in whole or in part, without prior notice to the User.

(a) When performing periodic or emergency inspections or maintenance work on the computer systems related to this service.

(b) In the event of an accidental shutdown of computers, communication lines, etc.

(c) In the event that this service cannot be operated due to force majeure such as fire, power outage, natural disaster, etc.

(d) In any other cases where the Company deems it reasonably necessary to suspend or discontinue the service.

2. The Company reserves the right to terminate provision of the Service at its reasonable discretion. In such case, the Company shall notify the User in advance.

3. Except in cases of willful misconduct or negligence on the part of the Company, the Company shall not be liable for any damages incurred by the User based on actions taken by the Company in accordance with this Article.

Article VIII (Communication Environment, etc.)

1. The preparation and maintenance of computers, smart phones, software and other equipment, communication lines and other communication environments, etc. necessary to receive the Service shall be at the User's expense and responsibility.

2. Users shall take security measures at their own cost and responsibility, such as preventing computer virus infection, unauthorized access, and information leakage, in accordance with their own environment for using the Service.

Article IX (Rights Attribution)

1. All proprietary rights and intellectual property rights related to the Company's Website and all information and content provided on this service belong to the Company or its licensed licensors, and Users may not reproduce, reprint, publicly transmit, modify, or otherwise use such information and content beyond the scope of personal use as stipulated by copyright law. Users may not reproduce, reprint, publicly transmit, modify or otherwise use the information or content beyond the scope of personal use as stipulated in the Copyright Act.

2. With respect to any text, image, video, or other data entered, posted, or transmitted on the Company's Website or the Service (hereinafter referred to as "Input Data"), the User grants the Company the right to use all copyrights that may arise (including the rights stipulated in Articles 27 and 28 of the Copyright Act), in whole or in part, regardless of whether or not they are copyrightable, for any purpose without compensation and without limitation. You grant us the right to use (including reproducing, copying, modifying, and sublicensing to third parties and any other use) the Input Data, in whole or in part, for any purpose, free of charge and without limitation, with respect to any and all copyrights that may arise in connection with the Input Data, whether or not copyrightable. The User shall not exercise any moral rights (including the right of publication, the right of name attribution and the right of identity preservation) with respect to the Input Data.

3. If a User violates the provisions of this Article and a problem arises, the User shall resolve the problem at his/her own expense and responsibility, and shall take appropriate measures to prevent any disadvantage, burden, or damage to the Company.

Article X (Suspension of Use of the Service, Cancellation of Registration, Termination, etc.)

1. In the event that a User falls under any of the following items, the Company may, without prior notice or demand, temporarily suspend the User's use of the Service, cancel the User's registration as a User, or terminate these Terms.

(a) Violation of any of the provisions of these Terms

(b) If your registration has been canceled by Us in the past

(c) When we are notified of the death of the User by the User's family, etc., or when we are able to confirm the fact of the User's death.

(d) When a minor uses this service without the consent of a legal representative

(e) When an adult ward, person under curatorship or person under assistance uses the Service without the consent of the adult guardian, person under curatorship or person under assistance, etc.

(f) When it is found that there is a false fact in the Registration Information

(g) The Company ceases to make payments or becomes insolvent, or a petition is filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or any other similar proceedings

(h) In any other cases in which the Company reasonably determines that continued use of the Service is not appropriate.

2. In the event of any of the events listed in each item of the preceding paragraph, the User shall naturally lose the benefit of time with respect to all debts owed to the Company, and shall immediately make payment of all debts owed to the Company.

3. In addition to the cases listed in each item of Paragraph 1, the Company may cancel these Terms by giving 30 days' prior notice to the User. In addition, if the User wishes to terminate these Terms, the Company may terminate these Terms and cancel his/her registration as of the last day of the current month by following the cancellation procedure specified by the Company.

4. The Company shall not be liable for any damages incurred by the User as a result of actions taken by the Company in accordance with this Article, except in cases of willful misconduct or negligence on the part of the Company.

Article XI (Disclaimer of Warranty and Disclaimer of Liability)

1. The Service is provided on an "as is" basis, and we make no warranty of any kind regarding the Service, including, but not limited to, its fitness for a particular purpose, completeness, or continuity. Even if you have obtained any information directly or indirectly from Us regarding the Service, our Website, other Users of the Service, or other matters, we make no warranty of any kind to you beyond what is set forth in these Terms.

2. The Company shall not be liable for any interruption, suspension, termination, unavailability, or modification of the Service by the Company, deletion or loss of User messages or information, cancellation of User registration, loss of data or breakdown or damage to equipment due to use of the Service, or any other damages incurred by Users in connection with the Service, unless such damages are caused by the Company's intentional or negligent conduct. We shall not be liable for any damages incurred by Users in connection with the Service, except in the case of intentional or negligent acts.

3. Even if our Website provides links to other websites or links from other websites to our Website, we shall not be liable for any websites other than our Website or information obtained from such websites, except in the case of intentional or negligent conduct on our part. The Company shall not be liable for any information obtained from such websites, except in cases of intentional or negligent conduct. In addition to these Terms, Users shall comply with the Terms and other terms and conditions of the relevant service when using the linked service.

4. The Company shall not be liable for any of the following damages

(a) Damages incurred by the User as a result of the User's failure to change his/her Registration Information

(b) Damages incurred by the User due to unforeseen acts of unauthorized access, etc.

(c) Damages incurred by the User due to the User's violation of Japanese or foreign laws and regulations in connection with the use of this Service.

(d) Damages incurred by the User in the event of non-performance of these Terms, in whole or in part, due to a natural disaster, act of God, fire, strike, suspension of commerce, war, civil war, epidemic or epidemic of infectious disease, or other force majeure

(e) Damages incurred by the User in the event of trouble (whether within or outside the Service) with a third party in connection with the User's use of the Service.

Article XII (Compensation for Damages)

1. In the event that the User causes damages to the Company in connection with a breach of these Terms or use of the Service, the User shall indemnify the Company for any damages (including special damages, lost profits and attorneys' fees) incurred by the Company.

2. Notwithstanding any other provision of these Terms, except as provided in the following paragraph, in the event of any damage to the User caused by any cause attributable to the Company, the Company shall be liable for compensation for such damage only to the extent provided in the following items.

(a) In the case of intentional or gross negligence by the Company: the full amount of such damage

(b) In the event of the Company's slight negligence, the amount of damages shall be within the scope of ordinary damages (excluding special damages, lost earnings, indirect damages, and attorney's fees) actually and directly incurred by the Company, and shall be limited to 10,000 yen.

3. Notwithstanding the preceding paragraph, in the event that a User is a corporation or an individual uses the Service as a business or for business purposes, unless the Company is willful or grossly negligent, the Company shall not be liable for any damages incurred by such User in connection with the Service. In the event that we compensate for damages, the upper limit of our liability shall be the cumulative total amount of usage fees for the most recent one-year period from the date of the damage.

Article XIII (Matters Related to ChatGPT)

1. This service is provided using ChatGPT's API. The text and voice of the AI character provided as the output of this service are automatically generated by ChatGPT, and there is a possibility that erroneous information or content different from the actual character's personality may be output in the generated results, and we do not guarantee the accuracy of any other generated results. The Company makes no warranty as to the accuracy of the generated results.

2. Input Data entered by the User will be provided to OpenAI via the API of "ChatGPT". The User shall use this service with the prior consent of OpenAI. The data provided via the API will not be used for the development or improvement of OpenAI's services (Terms 3(c)).

Article XIV (Confidentiality)

1. User shall strictly and properly manage the Company's confidential information (including know-how concerning the Service, information concerning the Company's systems, and any and all technical or business confidential information) obtained by the Company when using the Service, and shall not disclose, provide, or leak such information to any third party without the Company's prior written consent.

2. You shall not disclose, provide, or divulge to any third party, or use for any purpose other than the use of the Service, without the prior written consent of the Company. If we suffer damages due to a User's breach of the obligations in the preceding paragraph, the User must compensate Us for such damages.

3. Notwithstanding the provisions of Paragraph 2, the User may disclose Confidential Information in response to any order, demand or request of any law, court or government agency. However, in the event of such order, request or demand, you must promptly notify us of such order, request or demand.

4. Whenever requested by the Company, the User shall, without delay and in accordance with the Company's instructions, return or destroy the Confidential Information and any written or other recorded media materials containing or containing the Confidential Information and all copies thereof.

Article XV (Handling of personal information)

Personal information in this service will be handled in accordance with the "Privacy Policy" set forth by the Company.

Article XVI (Effective Period)

The term of validity of these Terms shall be from the time of formation of these Terms until the registration by the User is canceled (including cancellation by the User) in accordance with any of the provisions of these Terms.

Article XVII (Modification of these Terms)

1. The Company may modify these Terms at any time in accordance with the provisions of Article 548-4 of the Civil Code, if any of the following items applies. After the Terms have been modified, the modified Terms shall apply to these Terms.

(a) When the modification of these Terms is compatible with the general interest of the User.

(b) The modification of the Terms is not contrary to the purpose for which the agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the modified content and its contents, and other circumstances pertaining to the modification.

2. In the event of modification of the Terms, the Company shall specify the effective date of the modified Terms, and shall notify Users of the contents and effective date of the modified Terms at least two weeks prior to the effective date, by displaying the modified Terms on the Service, or by any other method prescribed by the Company.

3. Notwithstanding the provisions of the preceding two paragraphs, if a User uses the Service after the changes to these Terms are made known to the User in the preceding paragraph, or if the User does not follow the procedures for cancellation within the period specified by the Company, such User shall be deemed to have agreed to the changes to these Terms.

Article XVIII (Inquiries, etc.)

1. Any inquiries or other communications or notifications from the User to the Company regarding the Service or these Terms shall be made in the manner prescribed by the Company.

2. Although we will endeavor to respond to inquiries from Users regarding the Service, we are under no obligation to do so, except in cases where we are obligated or liable under law or these Terms.

3. We are under no obligation to disclose our criteria for whether or not to respond to User inquiries.

Article XIX (Transfer of Status, etc.)

1. User may not assign, transfer, grant security over, or otherwise dispose of its position under these Terms or its rights or obligations under these Terms to any third party without prior written consent of the Company.

2. In the event that the Company transfers the business of this Service to a third party, the Company may transfer the position under these Terms, the rights and obligations under these Terms, and the User's Registration Information and other customer information to the transferee of such business transfer, and the User shall consent to such transfer in advance in this paragraph. The User agrees in advance in this paragraph to such transfer. The business transfer stipulated in this paragraph shall include all cases in which the business is transferred, such as corporate separation.

Article XX (Elimination of Antisocial Forces)

1. The User and the Company represent and warrant that they do not fall under the category of antisocial forces and that they do not fall under any of the following categories, and will not fall under any of the following categories in the future.

(a) Having a relationship in which antisocial forces are deemed to control the management of the company.

(b) Having a relationship in which antisocial forces are deemed to be substantially involved in the management of the company.

(c) Having a relationship with antisocial forces that is deemed to involve unjustified use of antisocial forces, such as for the purpose of making unjust profits for oneself, one's own company, or a third party, or for the purpose of inflicting damage on a third party.

(d) Having a relationship that is deemed to involve antisocial forces, such as providing funds, etc. or benefits to antisocial forces.

(e) An officer or a person substantially involved in the management of the company has a socially reprehensible relationship with antisocial forces.

2. The User and the Company shall ensure that neither the User nor the Company will commit any of the following acts by themselves or through the use of a third party.

(a) Violent demanding behavior

(b) Unreasonable demands beyond legal responsibility

(c) Threatening words or deeds or using violence in connection with a transaction

(d) Acts of spreading rumors, using deceptive means or force to damage the other party's credibility or obstruct the other party's business.

(e) Other acts similar to the preceding items

3. In the event that the other party is found to be an antisocial force or to fall under any of the items of Paragraph 1, or to have committed any act falling under any of the items of the preceding Paragraph, or to have made any false declaration regarding the representations and warranties under Paragraph 1, the User and the Company may, regardless of whether or not the cause is attributable to themselves, terminate these Terms without notice to the other party. The Company may terminate these Terms without any notice to the other party, regardless of whether or not the termination is attributable to the Company's own negligence.

4. In the event of termination of these Terms pursuant to the preceding paragraph, the User and the Company acknowledge and agree that the Company shall not be liable to compensate the other party for any damages incurred by the other party.

Article XXI (Severability)

1. If any provision of these Terms, or any part thereof, is found to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the other provisions of these Terms shall remain in effect.

2. If any provision of these Terms is invalid or revoked in relation to one User, these Terms shall remain valid in relation to other Users.

Article XXII (How to Deal with Violations)

1. Users should contact us if they discover any violations of these Terms.

2. Users may not object to the Company's handling of any violation of these Terms.

Article XXIII (Survival Provision)

Even after the expiration of the effective term of these Terms, the provisions of Article VI, Paragraphs 2 and 4, Article VII, Paragraph 3, Article IX, Article X, Paragraphs 2 and 4, Article XI, Article XII, Article XIV, Article XIX, Article XX, Paragraph 4, Article XXI, this Article, Article XXIV and Article XXV shall remain in effect.

Article XXIV (Governing Law and Court of Competent Jurisdiction)

These Terms shall be governed by and construed in accordance with the laws of Japan, and any and all disputes arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article XXV (Conferral Resolution)

If any matter is not stipulated in these Terms or any question arises regarding the interpretation of these Terms, the Company and the User shall attempt to resolve such question through mutual consultation in accordance with the principle of good faith.