ibisPaint's terms of service

This ibisPaint service (defined in agreement) are provided by ibis inc. ("we", "our" or "us"), whose principal place of business is at Nakamo bldg.4F 3-17-34 Meieki, Nakamura-ku, Nagoya, Aichi 450-0002, Japan. Using this service is subject to your agreement to the terms and conditions below. You must understand and agree that we will treat your use of this site or ibisPaint Apps as acceptance of the terms from that point onward.

1. Definitions

1. "ibisPaint Apps" stands for the following software we produce and provide.
   1. ibisPaint
   2. ibisPaint X
2. "ibisPaint service"(this service) stands for a general term of service provided by ibispaint.com (this site) and ibisPaint Apps.
3. "Our services" refer to all services that we produce and sell, including "ibisPaint service".
4. "User" stands for anybody who uses this service.
5. "Artwork (IPV) file" stand for the files which is created or used by ibisPaint Apps containing image data.
6. "User's creations" stand for ones that users post or made using Our services in this site such as sentences, images, movies, artwork (IPV) files, etc.
7. "IB-CC license" is an abbreviated name of "Ibis Creative Commons license" and warrant approving the free use of user's creations having IB-CC license without violating the intellectual property right only when they are used in Our services.
8. "Category" stands for what categorizes user's creations.
9. "IB-CC license applicable category" stands for categories IB-CC license is applied to user's creations categorized into it. "Redistribution" refers to posting on this website or other social networking service, or distribution of printed matter. It refers to all acts of publicly publishing, or displaying data or images from a User's creations.
10. "Brush QR Code" is a QR code image that can be created and used in ibisPaint Apps, and guarantees that it can be used freely without being considered as intellectual property infringement as long as it is used within Our services.

2. Usage Fee

1. Usage of this site is free of charge. However, user will be responsible for any data communication charges or data plan expenses incurred by the use of this service. We will not be held responsible for these fees.
2. ibisPaint Apps will charge you for the following:
   1. ibisPaint (paid version)
   2. In-app purchase (one off payment)
   3. In-app purchase (monthly payment)
   4. In-app purchase (yearly payment)
3. In regards to ibisPaint (paid version),
   1. Payment will only be required once for the purchase.
   2. Following the above-mentioned payment, user will be entitled to the use of features and services covered in Section 2 item 9.
4. In regards to in-app purchase (one off payment),
   1. Payment will only be required once for the purchase.
   2. Following the above-mentioned payment, user will be entitled to the use of features and services covered in Section 2 item 9.
5. In regards to in-app purchase (monthly payment),
   1. Payment will be required on the registration day, and user will also be charged for the automatic renewal every month on the due date (referred to as monthly payment hereafter).
   2. Not limited to the above case, user will not be charged during free trial period; however, if the user does not cancel the usage after the free trial period has ended, it will automatically switch to monthly payment.
   3. User can cancel the monthly payment through a designated cancellation procedure; however, monthly payment will continue until the user cancels it.
   4. Monthly payment cancellation procedure will be valid until 24 hours before the end of the free trial period or 24 hours before the due date of the monthly payment. After that, user will be required to pay the monthly payment fee for the next month.
   5. During the free trial period or while the monthly payment is active, user will be entitled to the use of features and services covered in Section 2 item 9.
   6. If the user cancels the subscription during the free trial period, the free trial period will still be in effect; however, if the user registers again, the free trial period will no longer be in effect.
6. In regards to in-app purchase (yearly payment),
   1. Payment will be required on the registration day, and user will also be charged for the automatic renewal every year on the due date (referred to as yearly payment hereafter).
   2. Not limited to the above case, user will not be charged during free trial period; however, if the user does not cancel the usage after the free trial period has ended, it will automatically switch to yearly payment.
   3. User can cancel the yearly payment through a designated cancellation procedure; however, yearly payment will continue until the user cancels it.
   4. Yearly payment cancellation procedure will be effective until 24 hours before the end of the free trial period or 24 hours before the due date of the yearly payment. After that, user will be required to pay the yearly payment fee for the next year.
   5. During the free trial period or while the yearly payment is active, user will be entitled to the use of features and services covered in Section 2 item 9.
   6. If the user cancels the subscription during the free trial period, the free trial period will still be in effect; however, if the user registers again, the free trial period will no longer be in effect.
7. In regards to some of the products defined in Section 2 item 5 and Section 2 item 6, it is possible to switch to monthly-payment products and yearly-payment products; however, due date, free trial period, and other terms will be as follows,
   1. The due date will be changed to the due date of the product after the switch.
   2. Free trial period will not be newly applied to a product after the switch. Instead, the free trial period of the product before the switch will be carried on as is.
8. Information regarding usable services and features, charges, payment due date, free trial period and the terms, temporary suspension, grace period for a failed payment, cancellation procedure, and other things related to products defined under Section 2 item 2 are in accordance to the information describe on App Store, Google Play, and HUAWEI AppGallery where the ibisPaint Apps is being distributed (referred to as app distribution store) as well as this site. This information may be changed without prior notice to the user.
9. Purchase information and rights related to products defined under Section 2 item 2 are linked to the corresponding Apple ID, Google Account, or HUAWEI ID (referred to as purchase account hereafter). User will be able to share the usage rights with a device that can use the corresponding purchase account without paying any additional fees.
10. Payment for fees related to products defined under Section 2 item 2 will be made through the corresponding purchase account.
11. In regards to the refunds for products defined under Section 2 item 2, user will have to make a refund claim through the designated procedure on the app distribution store. User will only receive the refund if the claim is approved by the app distribution store.

3. Account

1. This service uses user authentication information from third-party account authentication services to identify each user.
2. You must sign up to a third-party account authentication service to use the services in this site which needs identification.
3. You must manage the account information under the terms of the service you registered and this service and we never be concerned with it.
4. You must approve your profile images, names, etc. used in third-party account authentication services are displayed in this service.

4. Categories of user's creations

1. We provide for the user's creations categories as below and users agree to these items.
   1. We provide all the categories of user's creations and may add, change and remove the categories without notice to manage this service.
   2. User's creations are categorized into any of one category and the categories set by our company are set automatically when posting them on this site.
   3. About user's creations, if a user is the one who is identified in accordance with Section 3 item 1, the person can change the category in our company's specified method whether the person is an identical user or not, except for the cases defined below.
   4. Regarding the user's creations, in the case that the user changes the category, it is thereafter not possible for anyone besides that user to change the category.
   5. Only an identical user can change the category of user's creations to IB-CC license applicable category.
   6. In case the user's creations are already categorized into IB-CC license applicable category, non-identical persons cannot change the category.
   7. We are not restricted by the above items and can change the category of user's creations freely.

5. IB-CC license

1. In case the user's creations are categorized into IB-CC license applicable category and were categorized into IB-CC license applicable category in the past, they are deemed to have IB-CC license. However, when you do not possess the intellectual property rights including copyrights or permission to use for them, they are not deemed to have IB-CC license.
2. In case the user's creations have IB-CC license, they can be used freely without violating the intellectual property right only when they are used in ibisPaint Apps.
3. In case the user's creations are made using the ones having IB-CC license with Our services, they don't necessarily have IB-CC license and if they are categorized into IB-CC license applicable category, they will be deemed to have IB-CC license.
4. Each item of section 8 is applied to user's creations having IB-CC license.

6. Brush QR Code

1. When redistributing a Brush QR Code or user's creative work that includes the Brush QR Code, the Brush QR Code can be used freely without being considered as intellectual property infringement as long as it is used within Our services.
2. When redistributing a Brush QR Code or user's creative work that includes the Brush QR Code, the clauses in article 8 shall be applied to the user's creative works other than the Brush QR Code itself.
3. When posting user's creative work that includes the Brush QR Code on this site, the category of said work can be freely changed to the Brush QR Code category, following what is covered in article 4.

7. Privacy

1. We handle personal information under the privacy policy defined separately.

8. Intellectual property right of user's creations

1. You are permitted to submit user's creations including texts, images, movies or artwork (IPV) files only when you possess the intellectual property rights including copyrights or permission to use for all elements in them.
2. Intellectual property rights of user's creations are reserved.
3. Even if a user's creative work is using brush that is loaded into the ibisPaint Apps from Brush QR Code referred to in article 6 clause 1, the user will still retain the possession of the work's intellectual property rights.
4. In case the dispute arises between a user and the third party about intellectual property right of user's creations, two of them resolve the problem and this service and company are not concerned with it.
5. You have all responsibilities for the movies you uploaded to the YouTube and if there is a dispute about them with others, you must resolve it between two and this site and we never be concerned with it.
6. User approve the following, if they submit user's creations to this site.
   1. We may earn money by displaying advertisements on this site.
   2. We may use ibisPaint Apps or screenshot of this site to advertise this service, and user's creations on this site may appear there.
   3. We may introduce and post high quality user's creations with our official SNS account.
   4. We may use user's creations as learning data of AI.

9. This site's content and intellectual property right of ibisPaint Apps

1. The copyrights of contents of this site and ibisPaint Apps excluding users' works defined in preceding provisions are possessed by us.
2. In using materials which are available in the Material tool of ibisPaint Apps, users are not allowed to do the following.
   1. To use materials for works which are created without utilizing ibisPaint Apps.
   2. To redistribute image files of materials.
   3. To redistribute data or images in reusable form whose main contents consist only of materials or which are made only by processing them.
3. The fonts found in the text tool of this app meets the standards of the user term agreement set forth by the font manufacturer.
4. In using prime fonts which are available in the Text tool of ibisPaint Apps, users are not allowed to do the following.
   1. To use prime fonts for works which are created without utilizing ibisPaint Apps.
   2. To redistribute font files of prime fonts.
   3. To redistribute data or images in reusable form whose main contents consist only of glyphs of prime fonts or which are made only by processing them.

10. Conduct

1. You are not permitted to submit user's creations including texts, images, movies or artwork (IPV) files which is applicable to one or more of following items.
   1. Which violates the law or public order and standards of decency.
   2. Which is criminal or notice, participate in or aid and abet a crime.
   3. Which defame or injure the credit of a third party or infringe on third party's any rights including privacy rights and rights to his/her portraits.
   4. Which admire, leads to or aid and abet suicide, self-injuring or drug abuse.
   5. Which leads to discrimination by ethics, races, sex or age.
   6. Which contains obscene representations or leads to obscene services.
   7. Which contains violent or weird representation.
   8. Which searches for sexual relationship.
   9. Which intend to deal or to exchange an article or a service or exchange information about it regardless of profit/non-profit.
   10. Which contains information which may identify a person such as an e-mail address, a telephone number, an address or a bank account number regardless of self/third party's.
   11. Which is submitted to many places or many times.
   12. Which contains political intent or religious intent.
   13. Whose greater part is not created using ibisPaint Apps.
   14. Which hurts others feelings.
   15. Which impedes the management of this site or our any other services.
2. We can delete user's creations without prior notice if we judged that they violated the preceding items.
3. You are not permitted to do an action which is applicable to one or more of following items.
   1. To violate the law or public order and standards of decency.
   2. To sign in this service using other's account or sharing account.
   3. To transfer or resale the rights about using this service to a third party.
   4. To analyze this service technically.
   5. To access our computers illegally or get or destruct any information by illegal access.
   6. To violate this term.
   7. To impede the management of this service or our any other services.
   8. To infringe on our intellectual property rights by any ways including reprinting, copying, transferring, sale, resale or redistributing the works which we possess the copyrights.
   9. To use without permission or to sale or resale things protected by the industrial property rights such as trademarks, designs or patents we possess.
   10. To download data on this site for collecting Big Data.

11. Suspension of Service

1. We may suspend a part of or all of this service of this site in condition of one of following without any advance notice.
   1. In case of system fault in server machines, server software, network devices or network services which is used to provide the service of this service.
   2. In case of difficulty to provide service of this service because of fire, blackout or any other troubles.
   3. In case of occurrence of illegal access or attack to our system.
   4. In case of apprehension of causes damage to users or third parties by our system such as leakage of private information.
   5. In case of an event of near situations as precedence.
2. We may suspend a part of or all of this service of this site in condition of one of following with advance notice on the site for users.
   1. In case of maintenance or construction necessary to provide the service.
   2. In case of an event of near situations as precedence.
3. We are NOT liable to you or to any third party for any loss or damage caused by the situation in former provisions.

12. Termination by You

1. Your deletion of your information on this service takes the place of cancellation.
2. Losing the access to your account by such as deleting your account or forgetting the password means cancellation at this site. We are NOT liable to you to remove your information on this site.

13. Exclusion of Antisocial Forces

1. You declare and guarantee that you are not a member of a crime syndicate, not an associated member of a crime syndicate, not someone who has not passed 5 years since leaving a crime syndicate, not a member of a business associated with crime syndicates, not a corporate blackmailer, not a member of political racketeering organization or specialized intellectual crime groups or any such organization (henceforth will be referred to as "antisocial forces"), and that you are not interacting with or participating in antisocial forces by participating or cooperating in their management, operation, and preservation by means of providing capital or other benefits.
2. In the case that you are unable to declare and guarantee the above, you will not be able to create an account for this service nor will you be able to utilize this service.
3. In the case that it becomes apparent that you have violated item 1, we will remove your submissions, and we will terminate your account and ban you from using our service.
4. In the case that your account is terminate and you are banned from using our service due to the aforementioned provisions, we will not provide nor will you be able to demand any compensation, and you will compensate us if we incur any damage.

14. Suspension of Use and Information Removal

1. We reserve the rights to suspend the use or delete the account along with removing information such as creative works registered in this service of a user who is applicable to one of the following without prior notice.
   1. User who violated this agreement.
   2. User with sufficient reason for us to determine as a user who have been suspended in the past.
2. We are NOT liable to you or to any third party for any loss or damage caused by the situation in former provisions.

15. Termination of The Service

1. In case we judged it necessary, we can change, suspend, cancel or terminate all this service.
2. We are NOT liable to you or to any third party for any loss or damage caused by the situation in former provisions.

16. Limitation of Liability

1. We are not liable to you or any third party for any loss or damage caused by an error or system malfunction on this service.
2. We will not provide compensation for damages incurred to the you caused by loss of data stored in this service.
3. We are not liable for damages incurred to you caused by information alteration or interception by a third party through the communication channel when using this service.
4. We are not liable for damages incurred directly or non-directly to you when using this service.
5. We are not liable to release updates to fix bugs, provide compatibility with new devices or OS, or to maintain compatibility with old devices or OS.

17. This Terms

1. We reserve the rights to alter a part or all of this terms based on Article 548-4 of Japanese Civil Code without obtaining consent from the user if one of the following is applicable.
   1. If the alteration conforms with general usage by the users.
   2. If the alteration does not contradict the purpose of the contract involved in the use of this service, and that the importance of this alteration and the content after the alteration is appropriate and reasonable compared to the situation that caused this alteration.
2. In the case that we are planning to alter this terms according to the former provisions, we will notify users of the alteration, the contents after alteration, and the date that the alteration becomes effective in the way that we deem most suitable within an ample period of time beforehand.
3. The translated version of this terms is only provided to accommodate users and it has no legal effects. In the case that there is an inconsistency between the Japanese version and the translated version, the Japanese version will be regarded as the official terms of use.

18. General Legal Terms

1. YOU ARE LIABLE to pay all of the costs and take full responsibility for any disputes between you and another user or between you and a third party. WE ARE NOT LIABLE for any costs or responsibilities.
2. The terms and your relationship with us under the terms are governed by the laws of Japan.
3. When a dispute arises from this term between you and us, that will be submitted to the exclusive jurisdiction by agreement of the courts located in Tokyo, Japan.

Supplement

1. This term is published and empowered at 1/Jun/2011.
2. This term is revised and empowered at 26/Mar/2012.
3. This term is revised and empowered at 26/Dec/2013.
4. This term is revised and empowered at 27/Nov/2015.
5. This term is revised and empowered at 19/Jan/2016.
6. This term is revised and empowered at 28/Apr/2016.
7. This term is revised and empowered at 29/Jul/2016.
8. This term is revised and empowered at 1/Dec/2016.
9. This term is revised and empowered at 7/Mar/2017.
10. This term is revised and empowered at 1/Jul/2017.
11. This term is revised and empowered at 6/Jul/2018.
12. This term is revised and empowered at 24/Apr/2019.
13. This term is revised and empowered at 30/Sep/2019.
14. This term is revised and empowered at 7/Dec/2020.
15. This term is revised and empowered at 10/Feb/2021.
16. This term is revised and empowered at 19/Apr/2021.