Terms of Use

These Terms of Use ("Terms") set forth the conditions for using the "ImagePromptLab" application (the "Service") provided by Never Inc. (the "Company"). Please read these Terms carefully and agree to them before using the Service.

Definitions

• "User": Anyone who uses the Service.
• "Prompt": Text or other instruction information entered/selected by the User.
• "Generated Image": Images generated by the Service using external AI services' image generation APIs.
• "API Key": Authentication key obtained by the User from each AI service provider (e.g., OpenAI, Google) and set in the Service.
• "AI Services": A collective term for generative AI models and the APIs/services that provide them.
• "Personal Information": Information that can identify a specific individual such as name, address, phone number, or email address.

Consent to the Terms

Users may use the Service only after agreeing to these Terms. When a User downloads the Service to a smartphone or other device and completes the procedure to agree to these Terms, a usage agreement under these Terms is deemed to have been concluded between the User and the Company.

Changes to the Terms

The Company may change these Terms without the User's prior consent. The revised Terms will take effect when the Company notifies Users by a method separately prescribed by the Company. If a User continues to use the Service after such changes, the User is deemed to have agreed to the revised Terms.

Notices

• Please respect third-party rights (copyrights, trademarks, portrait rights, privacy, etc.) when generating or sharing content.
• Please comply with the terms and content policies of each AI service provider.
• You must comply with the following AI service providers' terms (reference links):
  • OpenAI: Enterprise Privacy
  • Google Gemini: Gemini API Terms
  • Fal: Terms
• Generation results may be delayed or fail due to network conditions and/or API status.
• The Company does not guarantee the accuracy, legality, originality, or usefulness of generation results. Users are responsible for necessary rights clearances.

Provided Features

• Image generation using external AI services' image generation APIs (e.g., text-to-image, image editing)
• Prompt input/management and saving/sharing of generated images (text/JSON/image)
• Some features may be provided via in-app purchases

Privacy and Data Handling

• API Keys are securely managed in the device Keychain and are not sent to the Company's servers.
• The Service sends requests directly from the app to AI service provider APIs to generate images.
• Information sent mainly includes the prompt entered by the User, configuration values, and any image data the User provides for editing—limited to what is necessary for generation.
• Generated images and prompts are, in principle, stored on the device. When using sharing features, data is sent to external services based on the User's choice.
• The Company may collect anonymized statistics (e.g., crash logs, feature usage) to improve quality. Please refer to the Privacy Policy for details.

Prohibited Acts

• Acts that violate laws or public order and morals
• Acts that infringe upon third-party rights (copyright, portrait rights, privacy, etc.)
• Acts that interfere with the operation of the Service; reverse engineering and other illicit activities
• Any other acts the Company deems inappropriate

Disclaimer

• The Service is provided on an "as is" basis. The Company does not guarantee the quality, accuracy, legality, originality, or usefulness of generated images.
• The Company shall not be liable for any damages arising from changes to, interruption of, or termination of the Service.
• The Company is not responsible for disputes or rights violations arising from generation or sharing; Users must handle necessary rights clearances.

Contact

For inquiries regarding the Service, please contact us via in-app support or by another method separately designated by the Company.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Japan. Any dispute between the User and the Company in relation to the Service shall be subject to the exclusive jurisdiction of the court with jurisdiction over the location of the Company's head office.

Fees and Billing

• Image generation in the Service is executed using the User's own accounts with each AI service provider and their API Keys.
• API usage fees charged by AI service providers are billed directly to the User by each provider. The Company does not handle collection, billing, or refunds for these fees.
• In-app purchases are the consideration for additional features of the Service and are separate from AI service API usage fees.
• Pricing, free tiers, rate limits, and billing methods are governed by each AI service provider's terms and policies. Generation may fail due to free tier exhaustion or rate limiting.

In-App Purchases

• Some features may require a subscription or one-time purchase.
• Subscriptions are renewed regularly for continued access; one-time purchases grant access with a single payment.
• Details on contents, pricing, and conditions are provided in-app or on the store.
• Billing is handled under each app store's terms. Refunds follow each store's policies.

Use of Brand Images

Please follow the Company's guidelines when using brand assets (logos, icons, etc.). Any use that may cause misunderstanding or is contrary to public order and morals is prohibited.