日本語

Otopict Terms of Service (Draft)

Article 1 (Application)

  1. These Terms of Service (the "Terms") set out the conditions for use of "Otopict" (the "Service") provided by the operator of Otopict (the "Operator").
  2. Users shall use the Service in accordance with these Terms and with the guidelines, notices, and other rules displayed within the Service.
  3. Where these Terms conflict with an individual notice or explanation displayed within the Service, these Terms prevail unless that individual notice or explanation expressly states that it prevails.
  4. The Service is provided with Japan as its principal service area. Users shall comply with the laws of their place of residence and place of use when using the Service.

Article 2 (The Service)

  1. The Service transcribes audio uploaded by users and, based on its contents, generates, edits, and exports videos containing images, charts, captions, and other elements.
  2. The Service uses artificial intelligence processing and third-party services for authentication, cloud infrastructure, hosting and delivery, transcription, generative AI, image search, and other purposes.
  3. The Service may be provided as a beta version. A beta version may exhibit missing features, malfunctions, failed generations, layout problems, processing delays, data loss, and other defects.
  4. The Operator may change the features, specifications, scope, or name of the Service.

Article 3 (Registration and Accounts)

  1. Users shall register using truthful and accurate information.
  2. Users shall properly manage their accounts and credentials and shall not allow third parties to use them.
  3. Acts performed using an account are deemed to be acts of the user holding that account, except where attributable to causes for which the Operator is responsible.
  4. The Service may only be used by persons aged 18 or over.
  5. The Operator may refuse or cancel registration where registration information is false, where there has been a prior breach of these Terms, or where there is another reasonable ground for considering registration inappropriate.

Article 4 (Uploaded Content)

  1. Audio, text, images, names, and other information that a user uploads to, inputs into, or stores through the Service is referred to as "User Content."
  2. Users represent and warrant that they hold the copyright, portrait rights, publicity rights, privacy rights, and other rights or lawful permissions necessary for the Service to process, store, and use the User Content.
  3. Where a user uploads content containing a third party's voice, conversation, personal information, or confidential information, the user shall obtain the consent or authority necessary for the recording, upload, transcription, and video creation.
  4. Rights in User Content are reserved to the user or the rightful rights holder.
  5. Users grant the Operator the right to copy, store, convert, analyze, transmit, and display User Content to the extent necessary to provide, maintain, and improve the Service, to prevent misuse, and to respond to incidents. This grant includes sublicensing to service providers necessary for providing the Service.
  6. The Operator does not use User Content for the purpose of training or tuning artificial intelligence models. "Improve" in the preceding paragraph does not include use for that purpose.
  7. After account closure, the grant in Paragraph 5 survives only to the extent necessary for the storage and deletion of User Content, and only until the User Content is deleted in accordance with Article 11 and the Privacy Policy.
  8. The Operator will not publish User Content for advertising purposes or use it in promotion directed at third parties in a form that identifies the user, except with the user's separate express consent.

Article 5 (Outputs and Third-Party Materials)

  1. Text, structure, charts, video, and other output generated by the Service is referred to as "Output."
  2. The Operator does not warrant the accuracy, completeness, currency, fitness for a particular purpose, originality, non-infringement, or expected quality of Output. Users shall review Output before publication or use.
  3. Output may include images or materials provided by Wikimedia Commons or other third parties. The Service displays within the video the author name, license name, and source that it was able to obtain. However, users shall confirm before publication or use whether that display satisfies the conditions required by each license.
  4. Materials referred to in the preceding paragraph may carry conditions such as attribution, source indication, or distribution under the same license, and those conditions may extend to the use of the Output.
  5. Users are responsible for rights clearance, fact-checking, attribution, and other measures necessary for their use of Output.
  6. Except where not permitted by law or by third-party rights, the Operator does not, as between the user and the Operator, restrict the user's use of Output lawfully created by the user.
  7. The Operator grants users permission to copy, modify, publish, distribute, and commercially use Output they create through the Service. Where Output includes video templates, layouts, typographic settings, or other materials provided by the Operator, permission is likewise granted to use those materials as part of the Output. However, such materials may not be separated from the Output and used on their own.
  8. Output may include portions that are not protected as copyrighted works under copyright law.

Article 6 (Credits)

  1. The Service may use credits to manage the volume of audio processing and other features used.
  2. The number of credits required, the calculation method, and the conditions for granting and consuming credits are displayed within the Service.
  3. Credits granted free of charge have no monetary value and cannot be redeemed, transferred, or moved to another account.
  4. The Operator may correct credit balances in cases of system failure, duplicate grants, fraudulent acquisition, or other reasonable grounds.
  5. Where a generation process does not complete, the credits reserved for that process are returned. The conditions and scope of return are displayed within the Service.

Article 7 (Fees and Payment)

  1. If the Operator provides paid features in the future, the fees, payment methods, delivery timing, cancellation terms, and other conditions will be stated before purchase on the purchase screen and in the disclosures required by law.
  2. When paid features begin, the Operator will update these Terms as necessary and will notify users or obtain consent in accordance with law.
  3. If paid credits are offered, their expiry, refundability, and other conditions will be displayed on the purchase screen.

Article 8 (Prohibited Conduct)

Users must not engage in any of the following:

  1. Acts that violate laws, public order and morals, or these Terms
  2. Acts connected with crime, fraud, threats, harassment, discrimination, or infringement of rights
  3. Uploading a third party's voice, personal information, confidential information, or copyrighted works without the necessary consent
  4. Impersonation, creating audio or video likely to cause misidentification, or making it appear that a person made a statement without that person's consent
  5. Placing excessive load on the Service or on third-party systems
  6. Unauthorized access, vulnerability probing, reverse engineering, or other acts harmful to the security of the Service, except where such prohibition is not permitted by law
  7. Fraudulently obtaining or using credits, campaigns, or free allowances
  8. Reselling the Service or lending an account to a third party, except where expressly permitted by the Operator
  9. Being an antisocial force, or providing funds, benefits, or other advantages to antisocial forces
  10. Any other act that the Operator reasonably determines to be inappropriate for the operation of the Service

Article 9 (Restrictions and Suspension)

  1. The Operator may, without prior notice, restrict use, delete content, suspend accounts, or cancel registration where a user breaches these Terms, where there is a security risk, where payment cannot be confirmed, or where necessary to protect the Service.
  2. Where the matter is not urgent, the Operator will endeavor to give reasons before or after the action, to a reasonable extent.

Article 10 (Interruption and Discontinuation)

  1. The Operator may interrupt all or part of the Service due to maintenance, failures, security needs, outages of third-party services, natural disasters, or other unavoidable circumstances.
  2. The Operator may discontinue the Service with a reasonable notice period, except in urgent cases or where notice is impracticable.
  3. Where paid services are provided, their treatment on discontinuation follows applicable law and the conditions notified at that time.

Article 11 (Account Closure and Data)

  1. Users may request account closure by contacting info@otopict.com or by any other method designated by the Operator.
  2. Account closure stops access to the Service, but not all data is necessarily physically deleted at that time.
  3. Retention periods, deletion, backups, and legal compliance are governed by the Privacy Policy.
  4. Users shall save any Output they need before closing their account.

Article 12 (Intellectual Property)

  1. Rights in the Service's software, design, logos, text, video templates, and other materials provided by the Operator belong to the Operator or the applicable rights holders. This does not affect the permission granted in Article 5, Paragraph 7.
  2. These Terms do not transfer or license the intellectual property of the Operator or third parties to users beyond the extent necessary to use the Service.

Article 13 (Disclaimer of Warranties)

  1. The Operator does not warrant that the Service will always be available, that it will be free of errors, that all audio can be processed accurately, or that Output will meet users' expectations.
  2. Users of a beta version shall retain their own copies of important originals and shall not use the Service as their sole storage location.
  3. This Article and the other provisions of these Terms do not apply to the extent not permitted by the Consumer Contract Act or other mandatory law.

Article 14 (Limitation of Liability)

  1. Where the Operator bears liability for damages in connection with the Service, the scope of compensation is limited to ordinary and direct damages, except in cases of the Operator's willful misconduct or gross negligence.
  2. The cap on compensation in the preceding paragraph is the greater of the amount actually paid by the user to the Operator for the Service during the 12 months immediately preceding the event giving rise to the damage, or JPY 10,000, except in cases of the Operator's willful misconduct or gross negligence, and except where such a limitation is not permitted by law.

Article 15 (Changes to These Terms)

  1. The Operator may change these Terms in accordance with law.
  2. For changes disadvantageous to users, the Operator will give notice of the effective date and the content of the change at least 30 days before the effective date, by display within the Service, by sending to the registered email address, or by another appropriate method. Other changes will be publicized by the same means by the effective date.
  3. Where a change requires users' consent, the Operator will obtain that consent separately.

Article 16 (Communications)

  1. Communications from the Operator to users are made by display within the Service, by sending to the registered email address, or by another method the Operator deems appropriate.
  2. Inquiries regarding the Service may be sent to info@otopict.com.
  3. Where the Operator sends a notice to a registered email address, that notice is deemed received on the next business day after it is sent.

Article 17 (Assignment)

Users may not assign or pledge their status or rights and obligations under these Terms to a third party without the Operator's prior written consent.

Article 18 (Severability)

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.

Article 19 (Governing Law)

These Terms and any dispute relating to the Service are governed by Japanese law, and Japanese law applies to their interpretation and application.

Article 20 (User Responsibility)

Where a user breaches these Terms, or a dispute with a third party arises from the user's willful misconduct or negligence, the user shall resolve it at the user's own responsibility and expense. Where such a cause results in damage to the Operator (including reasonable attorneys' fees), the user shall compensate that damage.

Article 21 (Survival)

After termination of these Terms, Article 4, Paragraphs 6 and 7; Article 5; Articles 12 through 14; Articles 17 through 20; and Article 22 survive to the extent necessary by their nature.

Article 22 (Language)

These Terms are prepared in a Japanese version and an English version. For users residing in Japan, the Japanese version prevails; for users residing outside Japan, the English version prevails. The non-prevailing version is provided as a reference translation, and in the event of a discrepancy between the two versions, the prevailing version governs.

Operator Information

Revision History

When these Terms are revised, the revision date, the provisions revised, and the purpose of the revision are recorded here.