Terms of Service

Article 1 (Scope and Agreement)

These Terms of Service ("Terms") govern your access to and use of all services provided by Lovai (the "Service"), including our website, applications, APIs, and any related features. By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, Community Guidelines, and AI Content Policy. If you do not agree to these Terms, you may not use the Service.

Article 2 (Definitions)

The terms used in these Terms are defined as follows.

1. "Post" means content posted by users, including AI usage, prompts, code, and technical information.
2. "Recipe" means a post that organizes AI usage, settings, and prompts in a structured way.
3. "Block" means each section that composes a post (AI usage, mechanisms, outputs, and similar sections).
4. "Premium content" means blocks or posts provided for a fee.
5. "Creator" means a user who creates posts and sells premium content.
6. "AI Training" means the use of content to develop, train, or improve artificial intelligence or machine learning models.

Article 3 (Account Registration)

1. To use the Service, you must register an account by the method specified by the Service and agree to these Terms.
2. You must provide accurate and up-to-date information when registering.
3. You must promptly update your information if there are any changes.
4. The Service may refuse registration in the following cases:
   • If false information is provided
   • If the user previously violated these Terms
   • Any other case deemed inappropriate by the Service

Article 4 (Account Management)

1. Users are responsible for managing their account information at their own risk.
2. Users are responsible for any damages caused by insufficient management, misuse, or use by third parties.
3. If you discover unauthorized use of your account, you must promptly notify the Service.

Article 5 (Rules for Posts)

1. Users post content at their own responsibility.
2. Copyright of a post belongs to the user who created it.
3. Users grant the Service a license to use posts to the extent necessary to operate the Service.
4. Posts can be set to one of the following visibility levels:
   • Public: Viewable by all users
   • Premium: Viewable only by purchasers
   • Private: Viewable only by the author

Article 5-2 (Content License and AI Training)

1. License Grant: By posting content on the Service, you grant Lovai a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed.
2. AI Training Permission: You agree that content you post with "Public" visibility may be used for AI Training purposes. This includes analyzing, processing, and incorporating your public content into machine learning datasets to improve AI services. Premium and Private content will not be used for AI Training.
3. Opt-Out: You may opt out of AI Training by setting your content to "Premium" or "Private" visibility, or by contacting us at support@lovai.app.
4. Third-Party Training: We may share aggregated, anonymized data with third parties for research and AI development purposes. Individual posts are not shared without consent unless set to Public.

Article 6 (Sale of Premium Content)

1. Premium content is sold by Lovai (the Service) as the seller. Creators set prices and create content, but the sales contract is between Lovai and the purchaser.
2. The sales price must be at least JPY 500 and is set by the creator.
3. Creators who wish to receive revenue must link their Stripe account through Stripe Connect.
4. The following fees are deducted from creator revenue:
   • Platform fee: 10% of the sales price
   • Payment processing fee: approximately 3.6% (per Stripe policies)
5. Revenue is paid to creators through Stripe. Payout schedules and methods can be configured in the Stripe dashboard.

Article 7 (Purchase of Premium Content)

1. Users can view premium content by purchasing it.
2. Cancellations and refunds are generally not accepted after purchase.
3. Purchased content is for personal use only; transfer, redistribution, and commercial use are prohibited.
4. If a creator deletes their account or post, purchased content may become unavailable. No refunds will be provided.

Article 8 (Prohibited Conduct)

Users must not engage in the following conduct.

1. Violating laws or public order and morals
2. Conduct related to criminal acts
3. Interfering with operation of the Service
4. Causing nuisance or harm to other users
5. Infringing intellectual property, privacy, or reputation rights of others
6. Posting false information
7. Posting harmful content such as spam, malware, or phishing
8. Buying, selling, lending, or transferring accounts
9. Commercial activities using the Service unless permitted by the Service
10. Technical attacks such as unauthorized access, cracking, or scraping
11. Unauthorized reproduction or redistribution of premium content
12. Any other conduct deemed inappropriate by the Service

Article 9 (Suspension or Changes to the Service)

1. The Service may suspend all or part of the Service in the following cases:
   • System maintenance
   • Force majeure such as natural disasters or accidents
   • Any other case deemed necessary by the Service
2. The Service may change its contents without prior notice to users.

Article 10 (Account Suspension or Deletion)

1. If a user violates these Terms, the Service may suspend or delete the account without prior notice.
2. The Service may retain post data for a certain period after account deletion.

Article 11 (Disclaimer and Limitation of Liability)

1. The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. The Service does not guarantee the accuracy, completeness, or usefulness of posts.
3. The Service is not responsible for disputes between users.
4. The Service is not liable for damages caused by interruption, suspension, or termination of the Service.
5. The Service does not guarantee the quality of premium content.
6. Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOVAI'S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) $100 USD; OR (B) THE AMOUNT YOU PAID TO LOVAI IN THE PAST 12 MONTHS.
7. Exclusion: IN NO EVENT SHALL LOVAI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Article 12 (Intellectual Property Rights)

1. Intellectual property rights in the Service website, logos, and designs belong to the Service.
2. Intellectual property rights in user posts belong to the respective users.

Article 13 (Changes to the Terms)

1. The Service may change these Terms when deemed necessary.
2. Important changes will be announced on the Service in advance.
3. Continued use of the Service after changes constitutes agreement to the updated Terms.

Article 14 (Dispute Resolution and Arbitration)

1. Informal Resolution: Before filing any formal dispute, you agree to contact us at support@lovai.app and attempt to resolve the dispute informally for at least 30 days.
2. Binding Arbitration: If informal resolution fails, any dispute shall be resolved through binding arbitration administered by the Japan Commercial Arbitration Association (JCAA) in accordance with its rules.
3. CLASS ACTION WAIVER: YOU AND LOVAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
4. Exceptions: Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights.

Article 15 (Governing Law)

1. These Terms are governed by the laws of Japan, without regard to conflict of law principles.
2. For users outside Japan, these Terms shall be governed by the laws of your country of residence to the extent required by mandatory local law.
3. The Tokyo District Court shall be the exclusive court of first instance for disputes that cannot be resolved through arbitration.

Article 16 (Regional Provisions)

For Users in the European Union, European Economic Area, UK, and Switzerland:

1. Nothing in these Terms affects your statutory rights under applicable consumer protection laws.
2. The limitation of liability in Article 11 does not apply to damages caused by intentional misconduct or gross negligence.
3. The class action waiver in Article 14 does not prevent you from participating in collective redress actions available under EU law.
4. You have the right to withdraw from a premium content purchase within 14 days, except where you have expressly consented to immediate access and acknowledged waiver of this right.
5. For AI Training opt-out under GDPR Article 21, contact support@lovai.app.

For Users in Japan:

1. These Terms comply with the Act on Specified Commercial Transactions. See our Commercial Transaction Act Notice for details.
2. For consumer contract disputes, the Consumer Contract Act applies.

Article 17 (Contact)

For inquiries about these Terms, please contact us at the address below.

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