These Terms of Use (hereinafter referred to as the “Terms”) set forth the conditions for the provision of services such as mitsumonoAI (hereinafter referred to as the “Service”) provided by basicmath LLC (hereinafter referred to as the “Company”), as well as the rights and obligations between the Company and users of the Service. By using the Service, users are required to read the entire Terms carefully and agree to them.
(Application)
Article 1
These Terms are intended to define the conditions for the provision of the Service and the rights and obligations between the Company and registered users in relation to the use of the Service, and shall apply to all relationships arising between the Company and registered users in connection with the use of the Service.
2. Rules related to the use of the Service posted by the Company on its website shall constitute a part of these Terms.
3. In the event of any inconsistency between the contents of these Terms and the rules mentioned in the preceding paragraph or any other explanations outside these Terms, these Terms shall prevail unless expressly stated otherwise.
(Definitions)
Article 2
The following terms used in these Terms shall have the meanings set forth below:
(1) Individual User: An individual who is registered as a user of the Service under Article 3 (excluding sole proprietors).
(2) Corporate User: A corporation, organization, or sole proprietor registered as a user of the Service under Article 3.
(3) Registered User: A collective term referring to both Individual Users and Corporate Users.
(4) Authorized User: Officers, employees, members, or any other person authorized by a Corporate User to use the Service in compliance with these Terms.
(5) Service Usage Agreement: The agreement for the use of the Service concluded between the Company and the Registered User under these Terms.
(6) Company Website: The website operated by the Company with the domain “example.com” (including any changes to the domain or content for any reason).
(7) Input: Information entered into the Service by a Registered User.
(8) Output: The result generated by the Service based on the Input.
(9) Intellectual Property Rights: Copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to apply for registration or acquire such rights).
(Registration)
Article 3
Any person who wishes to use the Service (hereinafter referred to as the “Applicant”) may apply 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 will determine whether or not to approve the registration of the Applicant (hereinafter referred to as the “Registration Applicant”) in accordance with its criteria and will notify the Registration Applicant if the registration is approved. The registration as a Registered User shall be deemed complete upon the Company’s notification under this paragraph.
3. Upon the completion of the registration described in the preceding paragraph, a Service Usage Agreement is concluded between the Registered User and the Company, and the Registered User may use the Service in accordance with these Terms.
4. The Company may refuse registration or re-registration if any of the following items apply to the Registration Applicant, and the Company is under no obligation to disclose the reason for such refusal:
(1) If any part of the Registration Information provided to the Company is false, contains errors, or is incomplete.
(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 applicant has not properly and lawfully completed the internal procedures required under laws, the articles of incorporation, or internal rules to conclude these Terms and the Service Usage Agreement, or to exercise rights or fulfill obligations under them.
(4) If the Company reasonably determines that the applicant is an anti-social force (meaning organized crime groups, members of organized crime groups, right-wing groups, anti-social forces, or any other equivalent persons; the same applies hereinafter), or is involved with or supports such forces through funding or any other means.
(5) If the Company reasonably determines that the applicant has breached a previous agreement with the Company or is related to a person who has done so.
(6) If the applicant has previously been subject to the measures specified in Article 15.
(7) If the Company otherwise reasonably determines that registration is inappropriate.
(Changes to Registration Information)
Article 4
If there are any changes to the Registration Information, the Registered User shall promptly notify the Company of such changes in the manner specified by the Company.
(Management of Authentication Credentials)
Article 5
The Company may issue the Registered User a user ID and password or other credentials required to use the Service (hereinafter referred to as “Authentication Credentials”). This includes credentials voluntarily set or changed by the Registered User.
2. The Registered User shall manage and store the Authentication Credentials properly at their own responsibility and shall not allow third parties (excluding officers and employees of Corporate Users) to use, lend, transfer, change the name of, or sell the credentials.
3. The Company shall deem any use of the Service through authentication with the Authentication Credentials as use by the Registered User who holds such credentials.
4. The Registered User shall be responsible for any damage resulting from insufficient management, misuse, or use by third parties of the Authentication Credentials.
(Fees and Payment Methods)
Article 6
The Registered User shall pay the usage fees for the Service, separately specified and displayed on the Company’s website, using the payment method designated by the Company.
2. If the Registered User delays payment of the usage fees, they shall pay the Company a late payment charge at a rate of 14.6% per annum.
3. Unless otherwise specified in these Terms, the Company shall not be obligated to refund any payments made by the Registered User for any reason.
(Prohibited Acts)
Article 7
The Registered User shall not engage in any of the following acts, or any act that the Company reasonably determines falls under any of the following, in connection with the use of the Service:
(1) Using the Service in violation of laws or in connection with criminal activity
(2) Using the Service for purposes contrary to public order and morals
(3) Using content as Input for which all necessary rights and permissions have not been obtained
(4) Using the Service in a manner that infringes upon intellectual property rights, portrait rights, privacy rights, reputation, or any other rights or interests of the Company or third parties
(5) Using the Service in a manner intended to cause disadvantage, damage, or discomfort to the Company or third parties
(6) Providing benefits to antisocial forces
(7) Generating Output containing excessively obscene expressions
(8) Placing excessive load on the Service’s network or systems
(9) Modifying, reproducing, lending, selling, or distributing the Service
(10) Attempting or assisting in reverse engineering, decompiling, or analyzing the algorithms, models, systems, source code, or any other components of the Service
(11) Falsely representing that Output was not generated using generative AI, or claiming it was human-created, when no human contribution beyond Input was involved
(12) Using techniques such as model distillation to develop competing generative AI models using the Output
(13) Bypassing or attempting to bypass restrictions on Service usage, such as API rate limits or security measures
(14) Attempting or assisting in unauthorized access to the Company’s network or systems
(15) Interfering with the operation of the Service
(16) Using another Registered User’s Authentication Credentials
(17) Transmitting through the Service any information the Company reasonably deems to fall under the following:
a. Excessively violent or brutal content
b. Content containing computer viruses or other harmful programs
c. Content damaging to the reputation or credibility of the Company or third parties
d. Excessively obscene content
e. Content promoting discrimination
f. Content promoting suicide or self-harm
g. Content promoting inappropriate use of drugs
h. Content of antisocial nature
i. Content likely to cause discomfort to others
(18) Acts that violate rules related to the Service posted on the Company’s website
(19) Using the Service for commercial purposes regardless of actual profit (excluding Corporate Users)
(20) Directly or indirectly causing or facilitating any of the above acts
(21) Attempting any of the above acts
(22) Any other act the Company reasonably deems inappropriate
(Authorization of Use by Authorized Users)
Article 8
A Corporate User may authorize Authorized Users to use the Service within the scope that does not violate these Terms, provided that such users are bound by obligations equivalent to those in these Terms. In such cases, if an Authorized User violates these Terms, the Corporate User shall be deemed to have committed the violation and shall be fully responsible to the Company for any resulting issues.
2. The Corporate User shall take all necessary measures, including conducting training and formulating guidelines, to ensure compliance by Authorized Users and shall supervise and manage them to prevent any violations.
(Provision to End Users)
Article 9
Subject to the conditions of the Service Usage Agreement, a Corporate User may use or allow the use of the Service for its customers or other third parties (hereinafter referred to as “End Users”) in a manner specified by the Company and in compliance with these Terms and the Service Usage Agreement.
2. Such use may include, unless otherwise violating the Terms or Service Usage Agreement, integration of the Service into the Corporate User’s application through API usage, and providing the application to End Users. In this case, if the Company issues Authentication Credentials for End Users, the Corporate User shall ensure each credential is used by only one End User.
3. When allowing End Users to use the Service (including the preceding paragraph), the Corporate User must impose obligations on them equal to or greater than those it owes under these Terms and the Service Usage Agreement and must obtain and maintain necessary consents from End Users to allow the Company to provide the Service to them.
4. The Corporate User shall not permit End Users to perform any acts not permitted under these Terms and the Service Usage Agreement.
5. The Corporate User must obtain and maintain End User consent that allows the Company to suspend or terminate all or part of the Service use by the End User without prior notice if the End User violates these Terms or the Service Usage Agreement.
6. If an End User violates the obligations of Paragraph 3 or any other part of these Terms or the Service Usage Agreement, the Company may deem the Corporate User to have violated them and may suspend or terminate all or part of the Service provided to that Corporate User.
7. The Company shall not be liable for any damages, losses, or disadvantages incurred by the Corporate User or End Users resulting from any suspension or termination under the previous two paragraphs.
(Prohibition of Use for High-Risk Purposes)
Article 10
Corporate Users shall not use the Service for consultation, answers, explanations, advice, publication, disclosure, implementation, or any other purposes (collectively referred to as “High-Risk Purposes”) in areas related to credit, education, employment, housing, insurance, law, medicine, journalism, or other matters involving important decisions or the public interest, that may have legal or significant effects on End Users, other third parties, or unspecified or large numbers of people. However, the following exceptions apply:
(1) The Output is reviewed by an expert in the relevant field in advance and used supplementally with appropriate advice.
(2) The Corporate User explicitly and accurately informs End Users or other third parties of the use of generative AI and its inherent inaccuracies. (If the Output is disclosed to another third party by the End User, this explanation must be provided to the third party as well.)
2. Individual Users shall not use the Service for High-Risk Purposes under any circumstances.
(Disclosure Obligation for Use of Generative AI)
Article 11
When using the Service for any of the following purposes, the Registered User must explicitly and accurately disclose to customers, other third parties, or an unspecified or large number of people that generative AI is being used and that, due to the nature of generative AI, the Output may contain inaccuracies or other limitations:
(1) To provide chatbot services that respond to questions, etc., to End Users or other third parties
(2) To provide dialogue agents that exchange or interact with third parties
(3) To provide services that may be used by minors
(4) For purposes specified in the rules related to the Service posted on the Company’s website
(Audit)
Article 12
The Company may, at any time, conduct any actions necessary to confirm that the Registered User has not violated the preceding three Articles or any other provisions of these Terms (hereinafter referred to as “Audit”). The Audit may include human or mechanical review of Inputs and Outputs, usage logs, interviews with the Registered User, and on-site inspections of the Registered User’s business location (provided that on-site inspections will be conducted only if there is a reasonable necessity and the Company gives prior notice). The Registered User agrees in advance to such Audits and must fully cooperate with interviews and inspections. Corporate Users shall also take necessary steps, such as entering into agreements, to ensure that the Company may audit End Users authorized to use the Service under Article 9.
(Suspension of Service)
Article 13
The Company may suspend or interrupt all or part of the Service without prior notice to the Registered User if any of the following apply:
(1) Emergency inspection or maintenance of the computer system related to the Service
(2) Inoperability due to failure of computers, communication lines, etc., operator error, excessive access, unauthorized access, hacking, etc.
(3) Inoperability due to force majeure such as earthquakes, lightning, fire, storms, floods, power outages, or other natural disasters
(4) Any other case where the Company deems suspension or interruption necessary
2. Notwithstanding Article 6, Paragraph 3, if the Service is suspended or interrupted under the preceding paragraph, the Company may, at its discretion and based on separately defined criteria, refund usage fees paid in proportion to the duration of the suspension or interruption.
3. Registered Users may use the Service only within the scope specified in the Service usage plans or contractual conditions defined separately by the Company. Registered Users may use the Service only under limitations such as the number of requests, rate limits, model types, input size, and output length, and agree in advance that exceeding these limits may result in suspension or interruption of all or part of the Service. The Company shall not be liable for any damage, loss, or disadvantage caused to the Registered User by such suspension or interruption.
(Ownership of Rights)
Article 14
All intellectual property rights related to the Company Website and the Service belong to the Company or its licensors. The license to use the Service under these Terms does not grant any license to use the intellectual property rights of the Company or its licensors related to the Company Website or the Service.
2. The Registered User represents and warrants to the Company that they have the lawful rights to provide the Inputs to the Service and that such Inputs do not infringe on the rights of third parties.
3. The Company may use Inputs and Outputs for the following purposes. The Registered User grants the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works, display, and perform the content to the extent necessary to achieve these purposes:
(1) To provide, maintain, develop, and improve the Service
(2) To comply with laws and regulations applicable to the Company or the Service
(3) To confirm compliance with and enforce these Terms and related Service usage rules
(4) To ensure the security and stability of the Service
(5) To train generative AI models used by the Service (unless otherwise stated in these Terms)
(Deletion of Registration, etc.)
Article 15
The Company may delete or hide data on the Service, temporarily suspend the use of the Service by the Registered User, or cancel their registration without prior notice or demand if any of the following apply:
(1) Violation of any provision of these Terms
(2) Discovery of false information in the Registration Information
(3) Suspension of payments, insolvency, or petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar proceedings
(4) No use of the Service for over one year
(5) No response for more than 10 days to inquiries or other communications from the Company
(6) Falling under any of the conditions in Article 3, Paragraph 4
(7) Any other case where the Company reasonably determines that continued use or registration is inappropriate
2. If any of the above applies, the Registered User shall immediately forfeit the benefit of any payment deadlines and must promptly pay all debts owed to the Company.
3. The Company shall not be liable for any damage, loss, or disadvantage suffered by the Registered User as a result of the actions taken under Paragraph 1.
(Withdrawal)
Article 16
A Registered User may withdraw from the Service and cancel their registration by completing the withdrawal procedures specified by the Company.
2. If the Registered User has any outstanding debts to the Company at the time of withdrawal, they shall immediately forfeit the benefit of any grace period and must pay all debts to the Company without delay.
3. The Company shall not be liable for any damage, loss, or disadvantage incurred by the Registered User due to the inability to access data on the Service after withdrawal under Paragraph 1.
4. The handling of user information after withdrawal shall be governed by Article 20.
(Changes or Termination of the Service)
Article 17
The Company may change the content of the Service or terminate its provision at its own discretion.
2. If the Company decides to terminate the Service, it will notify the Registered Users in advance.
(Disclaimer of Warranty and Limitation of Liability)
Article 18
The Service uses generative AI, and due to its nature, the Company does not guarantee the accuracy, non-infringement of rights, or usefulness of any Output generated by the Service. The Company also does not guarantee that use of the Service by Registered Users will comply with laws or internal rules applicable to the user, that the Service will be continuously available, or that it will be free from defects.
2. The Registered User agrees in advance to use the Service with the understanding that, due to the nature of generative AI, the Output may be inaccurate.
3. The Registered User agrees in advance to use the Service with the understanding that Output is not guaranteed to be accurate and must not be treated as the sole source of truth or as a substitute for expert advice.
4. When using or sharing the Output for themselves or third parties, the Registered User agrees in advance to assess whether such use or sharing is appropriate, and to verify the accuracy of the information by other means if necessary.
5. The Company’s liability for damages incurred by the Registered User in connection with the Service shall be limited as follows. However, in the case of Corporate Users, the Company shall not be liable unless there is willful misconduct or gross negligence.
(1) In cases of willful misconduct or gross negligence by the Company: full amount of the damages
(2) In cases of slight negligence: limited to actual, direct, and ordinary damages (excluding special, lost profits, indirect damages, and attorney’s fees), and up to a maximum of 10,000 yen
(Confidentiality)
Article 19
The Registered User shall keep confidential any non-public information disclosed by the Company in connection with the Service that is designated as confidential, unless prior written consent is obtained from the Company.
(Handling of User Information)
Article 20
The handling of user information by the Company shall be governed by the Company’s Privacy Policy, and the Registered User agrees that the Company may handle user information in accordance with this policy.
2. The Company may use and publish, at its discretion, statistical information derived from data and other inputs provided by the Registered User, in a form that does not identify individuals, and the Registered User shall not object to such use.
(Amendments to the Terms)
Article 21
The Company may amend these Terms from time to time in accordance with Article 548-4 of the Civil Code if any of the following conditions are met. The Service Usage Agreement after such amendment shall be governed by the amended Terms.
(1) When the amendment benefits the general interests of the users
(2) When the amendment is reasonable in light of its necessity, appropriateness of the revised content, and other relevant circumstances, and does not conflict with the purpose of the agreement
2. If the Terms are amended, the Company will notify Registered Users of the amended Terms and their effective date at least two weeks in advance via the Service or by another method specified by the Company.
(Notices and Communication)
Article 22
Inquiries regarding the Service, as well as notices and communication from Registered Users to the Company or from the Company to Registered Users regarding amendments to the Terms or otherwise, shall be conducted in the manner specified by the Company.
2. If the Company sends notices or communication to the email address or other contact information provided in the Registration Information, the Registered User shall be deemed to have received such notices or communication.
(Transfer of Contractual Status)
Article 23
The Registered User may not assign, transfer, pledge, or otherwise dispose of their contractual status under the Service Usage Agreement or rights and obligations under these Terms to any third party without the prior written consent of the Company.
2. If the Company transfers the business related to the Service to another company, it may transfer its contractual status under the Service Usage Agreement, rights and obligations under these Terms, Registration Information, and other customer information to the transferee, and the Registered User hereby consents in advance to such transfer. Business transfers include not only regular business transfers but also company splits and other forms of business succession.
(Exclusion of Antisocial Forces)
Article 24
The Registered User represents and warrants to the Company that:
(1) They are not an antisocial force (including organized crime groups, companies affiliated with such groups, corporate racketeers, or their members)
(2) Their officers (directors, executive officers, auditors, or equivalent) are not antisocial forces
(3) They are not entering into this agreement by using the name of an antisocial force
(4) They will not engage in the following acts themselves or through third parties in connection with these Terms or the Service Usage Agreement:
a. Threatening behavior or use of violence against the Company
b. Obstructing the Company’s business or damaging its credibility through fraud or force
2. If the Company determines that any of the following apply, it may immediately terminate these Terms and the Service Usage Agreement without prior notice:
(1) False representation concerning Paragraph 1, Items (1) or (2)
(2) Entering into a contract in violation of Paragraph 1, Item (3)
(3) Engaging in acts in violation of Paragraph 1, Item (4)
(4) Improperly using antisocial forces for personal or third-party gain or to harm others
(5) Providing funds or benefits to antisocial forces
(6) Maintaining a socially condemnable relationship between officers or de facto managers and antisocial forces
3. If the Company terminates these Terms and the Service Usage Agreement under the preceding paragraph, the Registered User shall compensate the Company for any damages incurred (including reasonable attorney’s fees).
4. The Registered User shall not make any claims against the Company for damages arising from such termination.
(Severability)
Article 25
Even if any provision or part of these Terms is found to be invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions and the remaining parts of the provision shall remain fully effective.
(Jurisdiction)
Article 26
In the event of litigation regarding these Terms or the Service Usage Agreement, the Tokyo District Court shall be the exclusive court of first instance.
(Governing Law)
Article 27
These Terms and the Service Usage Agreement shall be governed by and interpreted in accordance with the laws of Japan.