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Generate AI_SaaS・Cloud Service Terms of Use

【Generated AI (Customizable) _ SaaS and Cloud Service Terms of Use】

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Upon the formation of the deal, the contract document contents (zip file) will be available for download.

When you double-click the downloaded file, a Word-format document will appear.

Notes and comments are included. You may customize freely.

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★ This is a prototype/template for terms of use regarding SaaS and cloud services that utilize Generative AI.

→ We envision a "customized" Generative AI service that uses Gemini or ChatGPT as the foundational model and is specialized for specific tasks.

★ According to the Ministry of Economy, Trade and Industry's "Contract Checklist for AI Use and Development", Generative AI services are classified into the following three types.

・Type 1: General-purpose AI service use type

→ A service that uses general AI services such as Gemini or ChatGPT as-is.

・Type 2: Customizable type

→ A service that uses Gemini or ChatGPT as the base model and tailors it to specific tasks.

・Type 3: New development type

→ A service provided by an independently developed AI system.

★ This terms template is designed for Type 2 services.

【Fixed-rate and Usage-based Billing】

★ An example provision for a fixed-rate (subscription) is described.

→ However, it is also possible to set a "periodic fee" in addition to the "monthly base fee." (For example, discounting if you pay for a 6-month or 12-month period.)

→ In addition, a provision for "usage-based additional charges" is provided. (If both monthly base fee and usage-based charges are set, this becomes a hybrid of flat-rate and usage-based billing.)

★ At the end, there is a draft of a "User Registration Application Form" for applicants to register as users of this service with the operator.

★ Provisions included in the 'Generated AI (Customizable) _ SaaS and Cloud Service Terms of Use'

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Article 1 (Definitions, Use of this Service)

Clause 1: Provisions regarding the definitions of terms.

→ "User" refers to a corporation or an individual.

★ As examples of the functions (contents) of "this service," the following are described. (Please modify as appropriate for your actual circumstances.)

(a) A function that uses a general AI service based on user-input to generate/output the required results.

(b) A function that allows users to view/watch content provided by the company.

(c) A function that enables comments and other communications about content posted or uploaded on this service between the company and the user, or among users.

(d) A function related to notifications by the company to users in connection with the above items.

(e) Other related functions.

→ We define "General AI Service" as a third-party generic AI service used as the foundation model for this service (e.g., Gemini or ChatGPT).

→ We define "Input" as text (prompts), images, audio, and other data that a user inputs, posts, or uploads when using this service.

→ We define "Output" as text, images, program code, or other data generated/output by this service based on the input.

→ We define "Content" as data such as text, images, videos, audio that can be viewed or watched on specified websites or applications of the company through this service.

→ A user is deemed able to view/watch the content disclosed on the user-facing website of this service.

→ Clause 1, item (b) assumes scenarios where the company and the user, or users among themselves, engage in comments or other communications on this service. (Delete if unnecessary.)

Article 2: The outputs produced on this service are intended to be used as reference or supplementary information, and users should understand that generative AI is not always accurate or complete. Users must consult reliable sources and use at their own risk.

Article 2 (Applicability of Terms, User Registration)

Article 3 (Conditions of Management and Operation)

Article 4 (Contact, Notifications)

Article 5 (Issuance and Control of IDs and Passwords)

Article 6 (Disclosure of Changes)

Article 7 (Changes to these Terms)

It is necessary to specify the rules regarding changes to the terms.

→ It complies with the Civil Code amended in April 2020. (The company may, at its discretion, change these Terms and any separate terms based on cases described in the following items under Article 548-4 of the Civil Code.)

Article 8 (Handling of Intellectual Property Rights)

Provisions regarding the ownership and use of intellectual property rights.

Article 1, Clause 1: Copyrights and other IP rights concerning input and output are retained by the user (except for our provided materials).

Clause 2: The user grants the company an irrevocable, non-exclusive right to use the input and output for operation, maintenance, quality control purposes (including reproduction, modification, and granting rights to third parties, and any other use), excluding AI learning, without compensation.

Clause 3: All IP rights in content provided by the company (excluding input and output) belong to the company or its licensors.

→ If the user posts or uploads content on this service, the company may use all resulting copyrights freely and without restriction.

→ The user may not use content provided by the company beyond the scope of private use as defined under copyright law without prior permission from the company.

→ Intellectual property rights in company-provided content (excluding input and output) belong to the company or its licensors.

→ The user shall not exercise moral rights of authors on input or output that may become works of authorship on this service.

Article 9 (Handling of Input and Output)

Clause 1: The company will strictly manage input and output to prevent leakage.

Clause 2: The company will not use input and output for AI learning.

Clause 3: Even if the user requests deletion of input and output, the company is not obligated to comply.

Article 10 (Fees)

★ We have added the ability to set a "periodic fee" in addition to the "monthly base fee."

→ We have also established a provision for "usage-based additional charges." (If both monthly base fee and usage-based charges are set, it becomes a hybrid of flat-rate and usage-based billing.)

(Usage-based charges are calculated based on metrics such as API calls, token usage, data volume of uploaded texts/files, number of users, and other indicators.)

Article 11 (Costs, Late Fees)

Article 12 (Term of Use)

Article 13 (User Termination)

Article 14 (Suspension of use, Termination by Company)

Article 15 (Changes or Termination of the Service)

Article 16 (Post-Termination Measures)

Article 17 (Prohibited Acts)

Clause 1(1)–(9) are prohibited acts related to Generative AI (input and output).

("Prompt injection" and "distillation" are typical prohibited acts.)

(Please add, delete, or modify according to the actual service contents.)

Article 18 (Use of Third-Party Services)

Article 19 (Service Interruption, Changes)

Article 20 (Liability for Damages)

Article 21 (Disclaimer)

This is a provision regarding disclaimers.

Clause 7: Given the nature of generative AI, there is a possibility that the provider cannot fully control the output. Therefore, unexpected, inaccurate, or inappropriate outputs may be generated and cause harm to the user.

Article 22 (Handling of Personal Information Obtained)

Article 23 (Exclusion of Organized Crime Groups and Other Antisocial Forces)

Article 24 (Transfer of Contractual Status, etc.)

Article 25 (Severability)

Article 26 (Governing Law, Jurisdiction, etc.)

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★ Notes and comments included. You can customize freely in Word document format.

Seller information

Akiraccyo

Japan

Identity confirmed

NDA concluded

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