FIMMIGRM Terms of Use

Enacted November 5th, 2020
TMIK Inc.

These Terms of Use (these “Terms”) set forth the conditions etc. for using the “FIMMIGRM” services provided by TMIK Inc. (“TMIK”). To use the “FIMMIGRM” services, all Users are required to confirm the content of these Terms and consent to these Terms in their entirety.

1 Definitions

The following terms as used in these Terms shall have the meanings ascribed to them in the following items.

  1. “Services” means all “FIMMIGRM” services provided by TMIK in the Application.
  2. “Fee-Based Services” means, of the Services, services that TMIK provides for a fee.
  3. “Application” means the application software provided by TMIK for the Services.
  4. “User” or “Users” means any and all users of the Services.
  5. These “Terms” means the FIMMIGRM Terms of Use, Privacy Policy, and Individual Terms etc., all of which are applicable as constituents of these Terms.
  6. “Privacy Policy” means the FIMMIGRM Privacy Policy specified by TMIK.
  7. “Individual Terms etc.” means individual terms and rules etc. relating to the Services. In providing the Services, TMIK may prepare Individual Terms etc. as necessary, and will publish Individual Terms etc. so prepared on the Services in the manner designated by TMIK or notify Users of them.
  8. “User Materials” means photos, videos, texts, audio, and other materials that Users edit and process using the Services.
  9. “Editing/Processing Functions” means editing functions and effects, filters, frames, stamps, fonts, and other elements that Users can use to edit and process in the Services.
  10. “Edited/Processed User Materials” means User Materials that have been edited or processed using the Services.
  11. “Generated Music” means music automatically generated using the Services.
  12. “User Content” means, collectively or individually, Edited/Processed User Materials and Generated Music, as well as content created by combining Edited/Processed User Materials and Generated Music.
  13. “External Services” means Instagram, Facebook, and other external services operated by third parties.

2 Overview of the Services

  1. The Services are services that allow users to edit and process User Materials such as photos and videos taken or owned by Users, and combine them with Generated Music automatically generated by composition AI.
  2. Users can use User Content created using the Services as follows in accordance with the conditions stipulated in these Terms.
    1. Saving on the Services or User devices; and
    2. Sharing using External Services.
  3. Among the Services specified in these Terms, some services and functions etc. can be used only as Fee-Based Services. The content of Fee-Based Services and the use fees and other terms of use for Fee-Based Services are as shown on the Services.

3 Applicable Scope

  1. The purpose of these Terms is to establish the terms of service and the rights and duties between TMIK and Users relating to the use of the Services, and these Terms apply to all relationships between TMIK and Users relating to the use of Services.
  2. TMIK may, at its discretion, create Individual Terms etc. for the Services. These Individual Terms etc. shall be posted on the Services and shall be applied as part of these Terms. In cases where the content of these Terms differs from any Individual Terms etc., the Individual Terms etc. shall prevail.

4 Consent to these Terms

  1. In order to use the Services, Users must agree to these Terms and use the Services in accordance with these Terms.
  2. By using the Services, Users are deemed to have confirmed the content of these Terms and consented to these Terms (including consent to TMIK to handle Users’ user information, including personal information, in accordance with the Privacy Policy). Users are asked to stop using the Services if they do not consent to the foregoing.
  3. Minor Users must obtain the consent of a legal representative such as a parent or guardian in advance before using the Services. Minor Users who do not have the consent of their legal representative are asked to stop using the Services.

5 Use Fees

  1. The use fees for the Services are free unless otherwise specified as Fee-Based Services on the Services.
  2. When using Fee-Based Services, Users shall pay to TMIK, by the method specified by TMIK, the use fees separately specified by TMIK and displayed on the Services.
  3. If a User is late in payment of use fees, the User shall pay delay interest to TMIK at 14.6% per annum.

6 Intellectual Property Rights

  1. Copyrights (including the rights stipulated in Article 27 and Article 28 of the Copyright Act; hereinafter the same), patent rights, trademark rights, and all other Intellectual Property Rights relating to the Services and all information provided on the Services (including the right to acquire or apply for registration of these rights and rights added by future revision of laws and regulations; collectively, “Intellectual Property Rights”) all belong to TMIK or duly authorized third parties that have granted licenses to TMIK.
  2. Notwithstanding the provisions of the preceding paragraph, User Content, excluding processing and editing functions, for which Intellectual Property Rights or other rights arise shall belong to Users or duly authorized third parties that have granted licenses to Users; provided, however, that Users shall grant to TMIK, for no consideration, licenses (including sublicense to third parties) to copy, modify, publicly transmit, or otherwise use the foregoing in order to provide, operate, advertise, and promote the Services, as well as to improve the Services and develop new features, without any restrictions on territory or duration. Further, Users shall not exercise the moral rights of an author against TMIK or third parties that have received licenses from TMIK.
  3. Users must obtain permission from the holders of Intellectual Property Rights at their own responsibility in cases where User Materials include any copyrighted works, emblems, service marks, designs, or indications etc. for which a third party holds the Intellectual Property Rights, and TMIK shall bear no liability with respect to the foregoing.
  4. The license to use the Services pursuant to these Terms does not imply transfer or license to use, utilize, or exercise Intellectual Property Rights relating to the Services that belong to TMIK or persons who have granted licenses to TMIK.

7 User Content

  1. Users can upload User Materials on the Services and edit and process User Materials using Editing/Processing Functions to create Edited/Processed User Materials in the manner specified by TMIK.
  2. Users can create Generated Music by using the AI composition function on the Services in the manner specified by TMIK.
  3. Users can combine Generated Music with Edited/Processed User Materials in the manner specified by TMIK.
  4. Users must comply with the following items when creating User Content:
    1. Users must use only User Materials that they are authorized to use and authorized to license to TMIK under Paragraph 2 of the preceding article;
    2. The use of User Materials must not fall under any of the prohibited conduct specified in Article 8; and
    3. The creation of User Content must not fall under any of the prohibited conduct specified in Article 8.
  5. User Content comprising Intellectual Property Rights and other property rights relating to Editing/Processing Functions belong to TMIK or persons who have granted licenses to TMIK, but TMIK grants licenses to Users who have created User Content to use such User Content in the manner specified in the following items.
    1. Saving on the Services or User devices; and
    2. Sharing using External Services.

8 Prohibited Conduct

Users must not engage in any of the following conduct when using the Services.

  1. Conduct that violates these Terms;
  2. Conduct that violates laws and regulations;
  3. Conduct relating to criminal acts;
  4. Using User Materials that fall under any of the following, or creating, saving, or using User Content that falls under any of the following:
    1. Infringement or potential infringement of third-party Intellectual Property Rights or other rights;
    2. Obscene expressions or content containing sexual expressions;
    3. Contains violent or cruel expressions that provoke a strong reaction and cause disgust or discomfort;
    4. Contains expressions that praise or encourage extreme thoughts or anti-social behavior;
    5. Contains expressions that praise or encourage discrimination on the basis of race, belief, occupation, gender, religion, or the like;
    6. Contains expressions that praise or encourage cult religious activities or excessive political activities; and
    7. Contains expressions that induce or encourage criminal activity, suicide, self-harm, or substance abuse.
  5. Conduct that is likely to harm public order or good morals;
  6. Providing benefits to or otherwise cooperating with any anti-social force etc.;
  7. Infringing copyrights, design rights, patent rights, utility model rights, or other Intellectual Property Rights, or portrait rights, privacy, honor, or other rights or interests of TMIK, other Users, or other third parties;
  8. Using the Services for any purpose other than those contemplated by the Services;
  9. Interfering with the operation of the Services or the use of the Services by other Users;
  10. Transmitting computer viruses or other harmful computer programs;
  11. Modifying, adapting, reverse-engineering, decompiling, or disassembling or otherwise manipulating data or software provided on the Services;
  12. Tampering with or erasing information of TMIK, other Users, or other third parties;
  13. Collecting or storing information of other Users;
  14. Conduct equivalent to the preceding items;
  15. Assisting or encouraging any of the conduct of the preceding items; and
  16. Other conduct that TMIK finds is likely to fall under any conduct of the preceding items and conduct that TMIK finds to be inappropriate.

9 Deletion of the Application

  1. Users can terminate the use of the Services by deleting the Application from the terminals they use.
  2. If a User deletes the Application, all used data of the Services relating to the User will be deleted. TMIK is not obligated to recover deleted used data.
  3. Even when a User deletes the Application, provisions of these Terms that should survive by their nature (including without limitation attribution of rights, prohibited matters, handling of personal information, and TMIK disclaimer) shall remain in effect.

10 Suspension of Use etc.

  1. If a User falls under any of the following items, TMIK is entitled to take measures such as suspending the use of the Services by the User without prior notice or warning (“Suspension of Use etc.”).
    1. If the User uses the Services or causes the Service to be used wrongfully;
    2. If the User engages in conduct falling under any of the prohibited conduct in the items of Article 8;
    3. If the User suspends payment or comes insolvent, or is the subject of a petition for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or any comparable proceedings;
    4. If the User is the subject of a ruling for the commencement of guardianship, commencement of curatorship, or commencement of assistance;
    5. If TMIK has determined that the User is an anti-social force etc. or that the User cooperates with or is involved in the maintenance, operation, or management of an anti-social force etc. through funding or other means, or has any other interaction or involvement with an anti-social force etc.;
    6. If TMIK otherwise determines that the User has violated or is likely to violate any of the provisions of these Terms; and
    7. If TMIK otherwise determines that Suspension of Use etc. is appropriate.
  2. If a User falls under any of the items of the preceding paragraph, such User will, as a matter of course, forfeit the benefit of time with respect to all obligations to TMIK and must immediately pay all obligations to TMIK.
  3. TMIK will not be liable for any damage suffered by Users from Suspension of Use etc. by TMIK pursuant to Paragraph 1.

11 Amendment and Termination of the Services

TMIK is entitled to modify or terminate some or all of the Services if it deems it necessary. TMIK shall notify Users in advance when terminating the Services. TMIK is not liable for any damage suffered by Users because of modifications or terminations.

12 Suspension of the Services

TMIK reserves the right to suspend some or all of Services without prior notice to Users in any of the following cases, and shall bear no liability for any damage caused to Users by such suspension.

  1. Cases where inspecting or maintaining equipment, systems, or communication lines etc. for providing the Services;
  2. Cases where any equipment, systems, or communication lines etc. for providing the Services are stopped due to an accident or failure;
  3. Cases where the Services cannot be operated because of a fire, power outage, earthquake, natural disaster, or other force majeure; and
  4. Cases where TMIK otherwise determines that suspension is necessary.

13 Preparation etc. of Use Environment for the Services

  1. An internet connection is required to use the Services. Users shall prepare and maintain computers, software, and other equipment, and communication lines and other communication environments necessary for the use of the Services at their own expense and responsibility, and shall be responsible for payment of communication charges for using the Services. TMIK does not guarantee that the Services will be compatible with all devices etc.
  2. Users can obtain the Application through application distribution services provided by a third parties (“Distribution Services”). TMIK makes no guarantee with respect to the performance, content, or continuity of Distribution Services. TMIK will not be liable for any inability of Users to obtain the Application because of interruption or suspension of Distribution Service in whole or in part due to deficiencies or other reasons.

14 Viewing and Use of Use History etc.

TMIK creates statistical data and attribute information etc. that is processed, aggregated, and analyzed so that Users’ use histories of the Services (including information relating to the creation of User Content) and user information etc. cannot be identified and Users cannot be individually identified. TMIK is entitled to view and use such use histories, statistical data, and attribute information etc. without any restrictions (including without limitation permitting advertisers to view such information, developing and improving new functions for the Services, and market research), and Users hereby consent to the foregoing in advance.

15 Linking with External Services

  1. When Users use the linking function with External Services, Users shall use the linking function after confirming and consenting to each of the following items in advance. In addition, when using the linking function, Users may be asked for permission for TMIK to access data, and may only use the linking function after confirming the content thereof and granting permission.
    1. That TMIK may acquire information regarding Users registered with operators of External Services and display it on the Services;
    2. That TMIK will post to External Services on behalf of Users;
    3. That when TMIK posts to External Services on behalf of Users, it will add the URL of the web page relating to the content and other information.
  2. With respect to all use of External Services, including user registration for External Services and posting User Content on External Services, Users shall comply with the provisions of the relevant terms of use stipulated by the operators of External Services.
  3. When using External Services, Users shall use the External Services at their own expense and responsibility, and TMIK shall bear no liability for any damage caused by using such External Services, any trouble arising with operators or users of External Services, or any other matters relating to External Services.

16 Links to External Sites

With respect to external sites linked from content or advertisements on the Services, TMIK makes no warranty, whether explicit or implied, regarding the accuracy, timeliness, completeness, merchantability, or fitness for a particular purpose of the information displayed on such external sites and shall bear no liability with respect to any damage or disadvantage suffered by Users or third parties by using such external sites. Users shall use external sites at their own judgment and responsibility.

17 Amendment of these Terms

  1. TMIK reserves the right to amend these Terms at any time as needed.
  2. If TMIK amends these Terms, the amended Terms shall be posted in an appropriate place on the Services, and the amended Terms shall come into effect from the time of posting. If Users continue to use the Services after the amended Terms are posted on the Services, Users will be deemed to have agreed to the changes to these Terms.

18 Handling of Personal Information etc.

TMIK properly handles user information, including personal information of Users, in accordance with the Privacy Policy. Users consent to TMIK’s handling of User information in accordance with the Privacy Policy.

19 No Warranty; Disclaimer

  1. TMIK makes no warranty, whether explicit or implied, that Services are free of any de facto or legal defects (including safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security flaws etc., errors or bugs, and infringement of rights), and TMIK is not obligated to Users to remove such defects in providing the Services.
  2. User Content created using the Services may violate laws and regulations or infringe the rights of third parties for reasons attributable to User Materials or the method of use by Users. TMIK is not responsible for any violations of laws and regulations or infringement of rights etc. stemming from User Materials or the method of use by Users. Users must comply with these Terms and use the Services at their own responsibility and discretion.
  3. TMIK does not guarantee that Users will not suffer damage from computer viruses or other harmful programs etc. when using the Services.
  4. TMIK does not guarantee the operation of any devices or software used by Users when using Services.
  5. TMIK will not be liable for any damage caused to Users arising from the Services, except where such damage is attributable to TMIK.
  6. Notwithstanding any other provisions of these Terms (excluding the following paragraph), if the agreement between Users and TMIK relating to the Services falls under a consumer contract as stipulated in Article 2, Paragraph 3 of the Consumer Contract Act, TMIK shall be liable under the Consumer Contract Act.
  7. Even if TMIK bears liability for damages to Users for any reason, except the case of willful misconduct or gross negligence on the part of TMIK, even if such damage was foreseen or could have been foreseen, TMIK’s liability for damages shall be limited to direct and ordinary damage actually suffered by Users; TMIK shall not be liable for any indirect damage, special damage, or lost profits, and the amount of damages shall not exceed 1,000 yen.

20 Assignment etc. of Status under these Terms

  1. Users may not assign, transfer, pledge, or otherwise dispose of their status under these Terms or any rights or duties under these Terms to a third party without TMIK’s prior written consent.
  2. In a case where the business relating to the Services is assigned to a third party, in conjunction with such business assignment, TMIK can transfer its status under use agreements, rights and duties pursuant to these Terms, and Users’ information and other customer information to the assignee of such business assignment, and Users hereby consent to such assignment in advance. In addition, a business assignment specified in this paragraph shall include not only an ordinary business assignment but also a company split and any other cases where business is transferred.
  3. Users hereby acknowledge and consent to the following: (1) that if another company comprehensively succeeds the rights and duties of TMIK through a merger etc., TMIK’s rights and duties pursuant to these Terms, as well as Users’ information and other customer information, will also be succeeded by the other company in conjunction with such merger etc.; and (2) that even if there is a change in TMIK’s shareholders because of a share assignment, share exchange, or share transfer etc., such share assignment, share exchange, or share transfer etc. will not affect rights and duties pursuant to these Terms.

21 User Responsibilities, Dispute Resolution, and Compensation for Damage

  1. Users shall use the Services at their own responsibility, and shall be liable for all acts carried out using the Services and the results thereof.
  2. Users shall compensate TMIK for any damage caused to TMIK by violating these Terms or in connection with the use of the Services.
  3. Even if a dispute etc. arises between a User and another Users or a third party in connection with the use of the Services by Users, the User shall handle the dispute etc. at their own expense and responsibility.
  4. If TMIK receives any claim from another User or other third parties for infringement of rights or other reasons in connection with a dispute etc. of the preceding paragraph, the relevant User shall compensate TMIK for the amount TMIK was forced to pay to such third party pursuant to the relevant claim.

22 Severability

Even if any provision of these Terms or a portion thereof is found to be invalid or unenforceable in accordance with the Consumer Contract Act or other laws and regulations etc., the remaining provisions of these Terms and remaining portions of provisions found to be partially invalid or unenforceable shall continue to be fully valid.

23 Governing Law and Jurisdiction

  1. The Japanese version of these Terms shall be the official version, and in case of any discrepancies between the Japanese version and its translation, the Japanese version shall govern.
  2. The laws of Japan shall be the governing law of these Terms.
  3. The Tokyo District Court shall be the exclusive court of first instance with respect to all disputes arising from or relating to these Terms.

24 Inquiries and Notices

Inquiries about the Services and other communications or notifications from Users to TMIK, and notifications regarding changes to these Terms and other communications or notifications from TMIK to Users shall be made in the manner specified by TMIK.

End