Welcome to Heyimg! These Terms of Service ("Terms") govern your use of Heyimg's services, including our website and any related features (collectively, the "Service"). Heyimg ("the Company," "we," "us," or "our") provides this Service to you ("Registered User," "you"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
1.1. Acceptance: By registering for and using the Service, you confirm your full acceptance of these Terms. If you use the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. 1.2. Modifications: We reserve the right to modify these Terms at any time. Material changes will be notified to you (e.g., via our website or email) at least 14 days before they take effect, unless a longer period is required by law or for significant changes like pricing. Your continued use of the Service after changes signifies your acceptance of the new Terms. 1.3. Additional Policies: Any individual regulations, guidelines, or FAQs posted on our website concerning the Service are considered part of these Terms. If there's a conflict, the specific individual regulation will prevail.
For the purpose of these Terms, key definitions include:
3.1. Registration: To use the Service, you must complete the registration process by providing accurate, current, and complete information as requested. We may refuse registration if information is false, if you've previously violated terms, been subject to service suspension, are a minor without parental consent, are associated with anti-social forces, or for other valid reasons as reasonably determined by us. 3.2. Account Security: You are responsible for safeguarding your User ID and password and for all activities under your account. Notify us immediately of any unauthorized use. We are not liable for losses caused by your failure to maintain account security.
4.1. Permitted Use: You may use the Service within the scope of your chosen plan (free or paid) and in compliance with these Terms and applicable laws. 4.2. User Responsibilities: You are responsible for obtaining necessary equipment and internet access. You must comply with data protection laws and respect third-party rights (e.g., copyright, portrait rights, privacy). You warrant that your Transmitted Data complies with all applicable laws and these Terms. 4.3. Service Plans: Features, usage limits, and fees for free and paid plans are detailed on our website. For paid plans, you agree to timely payment of all fees. We may change fees with prior notice (e.g., 2 weeks). Late payments may incur penalties (e.g., interest at 14.6% per annum). 4.4. Commercial Use of Processed Images: You may use Processed Images generated from your own operations for commercial or non-commercial purposes, subject to these Terms. You may also publish Processed Images on the Service.
You agree not to engage in any of the following activities:
6.1. Company's IP: All Company-Provided Content (excluding Processed Images) and the Service itself, including trademarks, logos, and service marks, are the exclusive property of the Company or its licensors. These Terms grant you a limited license to use the Service as intended, not a transfer of ownership of our IP. 6.2. Your Transmitted Data: You retain all Intellectual Property Rights you already hold in your Transmitted Data. You warrant that you have all necessary rights to use and transmit this data via the Service and that it does not infringe any third-party rights. 6.3. Processed Images: The Intellectual Property Rights in Processed Images, derived from your Transmitted Data, belong to you or the third party who holds rights in the underlying Transmitted Data. 6.4. License to Company: You grant Heyimg a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your Transmitted Data and Processed Images (excluding those identified as violating terms or infringing copyright) for the purposes of: _ Providing, operating, maintaining, updating, and improving the Service and related functions. _ Developing new services and features. * Creating promotional and marketing materials for Heyimg or its designated parties and their services. You also agree to waive any moral rights (author's personal rights) in this regard to the extent permissible by law. 6.5. Company's Right to Review and Remove Content: We may review, and at our discretion, delete, or suspend the publication of any Transmitted Data or Processed Images that we believe violate these Terms or applicable laws, or are otherwise inappropriate, and you consent to this in advance. If your Transmitted Data involves third-party rights, you must obtain their consent for our review and potential actions.
7.1. Modifications and Discontinuation: We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) without prior notice for improvements or operational reasons. We will aim to provide reasonable advance notice (e.g., 1 month) for service 廃止 (abolition/discontinuation), except in emergencies. 7.2. Suspension or Termination by Company: We may suspend or terminate your access to the Service if you breach these Terms, provide false registration information, experience payment failures, face bankruptcy proceedings, fail to respond to our communications for over 30 days, or if deemed necessary for service operation, or for other reasons similar to those listed in Article 10.1 of the original Japanese Terms. 7.3. Effect of Termination: Upon termination, your right to use the Service ceases. Outstanding payment obligations become immediately due. 7.4. Refunds (Paid Plans): Fees for paid services are generally non-refundable, except as required by law or as specified in our refund policy on our website. If you cancel a paid subscription, it will typically remain active until the end of the paid period, without a refund for the remaining time.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY IS NOT LIABLE FOR SERVICE INTERRUPTIONS DUE TO HARDWARE/SOFTWARE MAINTENANCE, TELECOMMUNICATION FAILURES, FORCE MAJEURE, OR OTHER SIMILAR EVENTS, UNLESS DUE TO OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
TO THE FULLEST EXTENT PERMITTED BY LAW, HEYIMG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, FOR USE OF THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR A NOMINAL SUM IF NO FEES WERE PAID. THIS LIMITATION DOES NOT APPLY IN CASES OF OUR INTENTIONAL OR GROSS NEGLIGENCE WHERE SUCH LIMITATION IS PROHIBITED BY LAW. THE COMPANY IS NOT LIABLE FOR DAMAGES CAUSED BY ACTIONS TAKEN UNDER THESE TERMS (E.G., SERVICE SUSPENSION) UNLESS DUE TO OUR INTENTIONAL OR GROSS NEGLIGENCE AND THE USER IS WITHOUT FAULT.
Our Privacy Policy, available on our website, explains how we collect, use, and protect your personal information. By using the Service, you agree to the terms of our Privacy Policy. You also agree that we may process information you provide (including Transmitted Data) in a de-identified or aggregated form (including creating anonymously processed information as defined by the Personal Information Protection Act) for service improvement, development, or for provision/publication to third parties.
11.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Japan. 11.2. Dispute Resolution: Any disputes arising from or related to these Terms or the Service shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance. 11.3. Entire Agreement: These Terms, along with our Privacy Policy and any other specific guidelines or rules (Individual Regulations, etc.) posted on our website, constitute the entire agreement between you and Heyimg regarding the Service and supersede all prior agreements. 11.4. Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck, and the remaining provisions will remain in full force and effect. 11.5. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
If you have any questions about these Terms, please contact us at: [[email protected]]
