Terms of Service

These Terms of Service (the “Terms”) set forth the conditions for using PHOTO 81 (the “Service”), operated and provided by Beyond AI Co., Ltd. (the “Company”), as well as the rights and obligations between the Company and Users.

Article 1 (Application)

1. These Terms apply to all relationships between the Company and Users regarding use of the Service. Users shall comply with these Terms at their own responsibility when using the Service.
2. Rules presented by the Company within the Service constitute part of these Terms.
3. For third-party services such as web conferencing or payment services, the terms of the respective service provider apply, and these Terms do not apply.

Article 2 (Definitions)

• “Service”: The service named “PHOTO 81” provided by the Company (including any renamed or modified version thereof).
• “PHOTO 81”: A service that uses AI to generate images and other content based on information entered by the User.
• “User”: A person who has completed registration for and uses the Service.
• “Input Data”: Text, images, audio, and other data submitted by the User to the Service.
• “Generated Output”: Text, images, and other output generated by the Service.

Article 3 (Conditions of Use)

The Company may refuse to provide the Service to an applicant who falls under any of the following:

1. Is hospitalized due to a mental illness
2. Is a minor, an adult ward, a person under curatorship, or a person under assistance, without the consent of a legal representative, guardian, curator, or assistant
3. Cannot be identity-verified via identification documents
4. Has provided false or materially incorrect registration information
5. Is determined by the Company to be an antisocial force (organized crime groups, their members or quasi-members, persons who ceased to be members within the past 5 years, affiliated businesses, corporate racketeers, and similar) or to have some association or involvement with such forces
6. Is determined by the Company to have previously breached a contract with the Company, or to be related to such a person
7. Is otherwise deemed unsuitable to use the Service by the Company
8. The Company bears no obligation to disclose the reason for refusal.

Article 4 (Account Registration)

1. Users must register to use the Service, agreeing to comply with these Terms and providing the required registration information by the method specified by the Company.
2. Users must provide true and accurate information during registration.

Article 5 (Formation of the Service Agreement and Account Management)

1. The Company will review registration applications and notify the applicant of approval or rejection by its designated method.
2. Account information must be managed by the User’s own responsibility and must not be used by, lent to, or transferred to third parties.

Article 6 (Changes to Registered Information)

1. Users must promptly notify the Company of any changes to registered information, by the method the Company specifies.

Article 7 (Fees and Payment)

1. Fees, billing structure, and payment methods for paid features are displayed within the Service.
2. Subscriptions automatically renew at the [renewal cycle] and may be cancelled by the User through the designated method.
3. Refunds are handled in accordance with the “Notation Based on the Act on Specified Commercial Transactions.”

Article 8 (Prohibited Acts)

Users must not, when using the Service:

1. Violate these Terms or applicable laws
2. Act against public order and morals
3. Infringe the intellectual property rights, copyrights, trademark rights, rights of publicity, privacy rights, or other rights or interests of the Company or third parties
4. Demand services not included in the Service
5. Register an account using false information
6. Record, film, or screen-capture communications with the Company without permission
7. Publish communications with the Company via websites or social media without permission
8. Copy, etc., information related to the Service
9. Create or use harmful, discriminatory, violent, sexually exploitative, defamatory, or otherwise inappropriate content
10. Disassemble, reverse-engineer, or search for vulnerabilities
11. Place excessive load on the Service’s network or systems
12. Impersonate a third party
13. Gain unauthorized access to the Company’s network or systems
14. Advertise, promote, solicit, or conduct business activities on the Service without prior Company consent
15. Collect information about other Users of the Service
16. Cause disadvantage, nuisance, discomfort, or damage to the Company, its representatives, or other third parties
17. Violate rules regarding Service use posted on the Company’s website
18. Provide benefits to antisocial forces
19. Directly or indirectly cause or facilitate any of the above acts
20. Attempt any of the above acts
21. Any other act the Company deems inappropriate

Users must not, without the Company’s permission, reproduce, publicly transmit, distribute, or adapt messages or other information obtained through the Service — except for reproduction for personal home use.

Article 9 (Termination of Agreement)

The Company may immediately terminate the service agreement or cancel a User’s membership, without prior notice or demand, if the User:

1. Commits any act prohibited under Article 8
2. Fails to pay usage fees within the period demanded by the Company
3. Is deemed likely, through use of the Service, to cause harm to the User’s own life, body, property, or other legal interests
4. Is deemed unable to communicate in Japanese
5. Falls under any item of Article 3, Paragraph 1
6. Fails to respond to contact at their registered contact information for one month or more
7. Is otherwise deemed by the Company to be inappropriate for use of the Service

Article 10 (Intellectual Property Rights)

1. Copyright and intellectual property rights in the content of the Company’s website and other Service-related content belong to the Company or its licensors; Users may not reproduce, reprint, modify, or otherwise use such content without permission.
2. Information provided by Users in connection with the Service, or as responses to psychological tests, questionnaires, interviews, etc. (“User Information”), belongs, in principle, entirely to the User. However, the Company may freely use all or part of the User Information at its discretion, without prior notice, consent, or compensation to the User.
3. Users shall not exercise moral rights of authorship over User Information.
4. The Company may use the information described in Paragraphs 1 and 2 to conduct business such as publishing.
5. The Company respects third-party copyrights and other intellectual property rights and expects Users to do the same. The Company may, at its own discretion, suspend a User’s access to the Service if the User infringes third-party copyrights or other intellectual property rights.

Article 11 (Handling of Input Data and Generated Output)

1. The Company uses Input Data and Generated Output to the extent necessary to provide the Service (output generation, billing, fraud prevention, quality improvement, etc.).

Regarding use for training:

• The Company does not use Input Data or Generated Output for model training.
• The Company may use Input Data and Generated Output for learning/evaluation/quality improvement purposes for service improvement (see the Privacy Policy for details).
• Users may choose whether to allow such use via settings.

Article 12 (Suspension of the Service)

The Company may suspend or discontinue all or part of the Service without prior notice to Users in any of the following cases:

1. Urgent inspection or maintenance of computer systems related to the Service
2. Inability to operate the Service due to failure of computers, communication lines, etc., operational errors, excessive access concentration, unauthorized access, hacking, etc.
3. Inability to operate the Service due to force majeure such as earthquake, lightning, fire, flood, power outage, or other natural disaster
4. Any other case the Company deems suspension or discontinuation necessary

Article 13 (Changes to and Termination of the Service)

1. The Company may change all or part of the content of the Service at any time without prior notice, when the Company deems it necessary.
2. If the Company terminates the Service, it will notify Users in advance (excluding Users who have not used the Service for 3 years or more from their last use).

Article 14 (Disclaimer of Warranties and Liability)

1. The Company makes no warranty, express or implied, that the Service will suit a User’s particular purpose, that the content of Generated Output is accurate, that such output is useful to the User, that it has the functions expected by the User, or that it does not infringe third-party rights.
2. Generated Output may contain misinformation or inappropriate expressions. For important decisions (medical, legal, investment, safety, etc.), please verify with a professional or primary source.
3. If any deterioration of the User’s physical or mental condition, accident, or damage occurs during or after use of the Service, it shall be deemed that the User made their own free choices and judgments in using the Service, and the Company shall bear no liability, including for damages, except in cases of intent or gross negligence by the Company.
4. The Company makes no warranty regarding the operation of any device or software used by the User.
5. Any transactions, communications, or disputes arising between the User and other Users or third parties in connection with the Service or the Company’s website shall be resolved by the User at their own responsibility.

Article 15 (Damages)

1. The Company bears no liability for any damages arising from a User’s inability to use the Service, except in cases of intent or gross negligence by the Company.
2. Where the Company is liable for damages to a User, regardless of the cause (breach of contract, tort, unjust enrichment, or otherwise), the amount of damages shall be capped at the amount of usage fees the Company received from the User — except in cases of the Company’s intent or gross negligence.
3. Damages arising from a User’s Input Data or use of Generated Output shall be borne by the User; the Company bears no liability for indirect damages, special damages, or lost profits, except in cases of the Company’s intent or gross negligence.
4. While the Service is designed to allow Users to freely generate images by entering prompts, the Company bears no liability whatsoever for any responsibility arising in connection with a User intentionally or negligently generating (or using) images containing political or socioeconomic claims, or images that excessively provoke sexual shame (including expressions reasonably understood to contain such claims).

Article 16 (Third-Party Services)

When using third-party services (web conferencing, booking management, payment services, etc.) in connection with the Service, Users agree to:

1. Comply with the terms, guidelines, etc. presented by the third-party provider of such service
2. Download, install, and verify the functions of such service
3. Bear full responsibility and cost for downloading, installing, configuring, and using such service
4. Accept that the Company bears no liability for any malfunction of web conferencing service functions occurring after the Service begins
5. Accept that the Company has no obligation to respond to inquiries regarding third-party services

Article 17 (Transfer of Contractual Status)

Users may not transfer, assign, pledge, or otherwise dispose of their membership status or rights/obligations under these Terms to any third party.

Article 18 (Communications and Notices)

1. Inquiries or other communications from Users to the Company, and notices of changes to these Terms or other communications from the Company to Users, shall be made by the method specified by the Company.
2. When the Company sends a communication or notice to a registered email address or other contact information, it is deemed received by the User at the time it would ordinarily arrive.

Article 19 (Changes to These Terms)

1. The Company may change these Terms without obtaining prior User consent, where the change conforms to the general interest of Users, or where the change is reasonable and does not conflict with the purpose of the agreement.
2. When changing these Terms, the Company will announce the fact of the change, the content of the revised Terms, and the effective date, via its website or other reasonable means, prior to the effective date. However, where laws require User consent for a change, the Company will obtain individual consent from Users.

Article 20 (Governing Law and Jurisdiction)

1. These Terms and the service agreement are governed by Japanese law.
2. For any dispute arising from or related to these Terms or the service agreement, the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction as the court of first instance, depending on the amount in dispute.

[Contact]

Beyond AI Co., Ltd.
[email protected]
Business Hours: 9:00–18:00