OneDesign Service Terms of UseOneDesign Service Terms of Use (hereinafter referred to as “these Terms”) establish the rights and obligations related to the use of the “Service” (defined in Article 2) provided by OneAI Corporation (hereinafter referred to as “the Company”). Users of the Service are deemed to have agreed to these Terms by using the Service. Therefore, please review the contents of these Terms thoroughly before using the Service.
1.These Terms apply to all relationships between the contracting party and the Company regarding the use of the Service.
2.If the Company provides separate usage conditions for the Service in addition to these Terms, the contracting party shall use the Service in accordance with those conditions in addition to these Terms.
3.If there are discrepancies between the provisions of these Terms and the separate conditions regarding the Service mentioned in the preceding paragraph, these Terms shall take precedence.
1.The “Service” refers to the following services provided by the Company under the name “OneDesign”:
(1) Cloud-based AI service for generating advertising creatives.
(2) The following services provided by the Company (hereinafter referred to as the “Ancillary Services”):
① Configuration of servers and other environments necessary for using the Service.
② Maintenance and operation services for the servers (as defined in Section 6) necessary for continuing the use of the Service.
③ Other support services as defined separately by the Company.
2.The “Contracting Party” refers to the entity that enters into a usage contract for the Service (hereinafter referred to as the “Contract”) with the Company pursuant to Article 3.
3.The “User” refers to the entity that uses the advertising creative generation AI platform under the Contracting Party’s usage of the Service.
4.The “Platform” refers to the SaaS that can be accessed by logging in with an ID and password.
5.The “Server” refers to the electronic computer on which server software used to provide the Service is installed.
6.The “Operational Data” refers to all data, including text and images, uploaded and stored on the Server in the course of using the Service.
7.”External Service” refers to services provided by other businesses recognized by the Company for collaboration with the Service.
8.”External Service Provider” refers to the operators of External Services.
9.”External Site” refers to the website operated by the External Service Provider.
10.”External Service Terms of Use” refers to all terms and conditions that define the rights and relationships between the Contracting Party and the External Service Provider, as well as all usage conditions for the External Service.
11.”Content” refers to the advertising creatives generated through the use of the Service.
1.An entity wishing to use the Service may apply for the Service by agreeing to these Terms and providing the Company with certain information (hereinafter referred to as “Registration Information”) in the manner prescribed by the Company, such as via an application form.
2.The Contract is concluded when the Company issues a notification of approval of the application described in the preceding paragraph, and the Contracting Party may start using the Service on the date specified in a separate application form.
3.The Contract requires the User to agree to grant permission to access the specified SNS accounts as designated by the Company.
4.If the Company determines that any of the following conditions apply to an applicant, the Company may refuse to approve the application for use or may cancel the approval already granted, without being obligated to disclose the reasons:
(1) If any of the Registration Information provided is false, contains errors, or is incomplete.
(2) If the applicant has violated these Terms in the past or is related to such a violator.
(3) If the applicant has been subject to usage restrictions or account deletion based on Article 13.
(4) If the applicant is a minor, ward, or person under curatorship or assistance, and has not obtained the necessary consent from a legal representative, guardian, or assistant. (5) If the applicant is part of or involved with anti-social forces (such as organized crime groups, members of such groups, right-wing groups, or similar entities).
(6) Any other cases where the Company deems the registration inappropriate.
5.The Contracting Party must promptly notify the Company of any changes to the Registration Information.
If it is necessary to register for an External Service when using the Service, the Contracting Party must agree to the External Service Terms of Use and complete the registration at its own expense and responsibility.
1.By entering into a contract for the Service, the Company may use the Contracting Party’s company name, trademarks, logos, etc. (hereinafter referred to as “Trademarks”) in marketing materials, including the Company’s website, presentations, and promotional materials, only when the Contracting Party provides such data and permits usage through email or chat tools.
2.The Company will respect the Contracting Party’s Trademarks and will not use them in any manner that would harm the reputation of the Contracting Party. If the Contracting Party reasonably requests that the usage be stopped, the Company will promptly comply.
3.Details regarding the availability of the Service and other usage conditions will be separately determined.
If the Contracting Party or the User reports a defect or flaw in the Service, the Company will, except when the defect is due to reasons attributable to the Contracting Party or User, promptly take necessary corrective measures at its own expense.
1.The Contracting Party shall pay the service fees, as separately determined by the Company, by transferring the amount to the Company’s designated bank account according to the payment conditions specified by the Company, or via automatic deduction using a credit card or other payment method available on the platform. The Contracting Party shall bear the transfer fees.
2.The Company may change the fee structure, including monthly fees, with prior notice given on the platform or via email at least one month in advance.
3.The initial fees, monthly fees, and other fee structures shall be stipulated in a separate application form, and in case of any changes, such changes shall follow the provisions of Article 7, Paragraph 2.
1.The Contracting Party shall not disclose or leak to any third party, without prior written consent from the Company, any technical, business, or other operational information (including user-related information, regardless of its medium, hereinafter referred to as “Confidential Information”) that has come to its knowledge through the performance of this Contract or related matters. However, this shall not apply to information that falls under any of the following categories:
(1) Information that was already public knowledge when provided.
(2) Information that became public after it was provided.
(3) Information that the Contracting Party already possessed without any obligation of confidentiality.
(4) Information lawfully obtained from a third party without any confidentiality obligation after it was provided.
(5) Information developed independently without relying on the provided information.
2.The Contracting Party shall take necessary measures to manage the Confidential Information.
3.The Company and the Contracting Party shall use the Confidential Information provided by the other party only within the scope of the purposes of this Contract, and when reproduction or modification of such Confidential Information is necessary, prior written consent from the other party must be obtained.
4.The Contracting Party shall impose the same or greater confidentiality obligations on its officers and employees (hereinafter referred to as “Officers, etc.”) who need to know the Confidential Information to carry out the purposes of the Service. The Contracting Party shall be responsible for the actions and outcomes of the Officers, etc., as if they were its own.
5.If the Confidential Information becomes unnecessary for the purposes of using the Service or if this Contract is terminated or canceled, the Contracting Party shall promptly return or dispose of the Confidential Information in accordance with the Company’s instructions.
The Contracting Party shall not engage in any of the following acts when using the Service:
(1) Acts that violate laws, criminal acts, or acts that may potentially constitute such acts.
(2) Acts of fraud or threats against the Company, other users of the Service, or third parties.
(3) Acts that violate public order and morals.
(4) Acts that infringe on the intellectual property rights, portrait rights, privacy rights, reputation, or other rights or interests of the Company, other users of the Service, or third parties.
(5) Transmitting through the Service information that falls under or is deemed by the Company to fall under any of the following:
① Information containing excessively violent or cruel expressions.
② Information containing computer viruses or other harmful computer programs.
③ Information that defames or damages the reputation of the Company, other users of the Service, or third parties.
④ Information containing excessively obscene expressions.
⑤ Information that promotes discrimination.
⑥ Information that promotes suicide or self-harm.
⑦ Information that promotes the inappropriate use of drugs.
⑧ Information containing antisocial expressions.
⑨ Information that solicits the spread of information to third parties, such as chain letters.
⑩ Information containing expressions that cause discomfort to others.
⑪ Information aimed at meeting people with whom the user is unfamiliar.
(6) Reverse engineering, decompiling, disassembling, modifying, or creating derivative software from all or part of the software provided through the Service.
(7) Placing an excessive load on the network or system of the Service.
(8) Acts that may interfere with the operation of the Service.
(9) Illegally accessing or attempting to illegally access the Company’s network or systems.
(10) Allowing third parties to use the Contracting Party’s or other users’ IDs, or lending, transferring, changing ownership, or selling them.
(11) Advertising, soliciting, or conducting business on the Service without the prior permission of the Company.
(12) Collecting information about other users of the Service.
(13) Acts that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or third parties.
(14) Providing benefits to or otherwise cooperating with antisocial forces, such as organized crime groups, to maintain, operate, or manage those forces.
(15) Acts aimed at meeting unfamiliar people of the opposite sex.
(16) Directly or indirectly causing or facilitating the acts listed in the preceding items.
(17) Any other acts that the Company deems inappropriate.
1.All intellectual property rights (including copyrights, patent rights, utility model rights, trademark rights, design rights, and the right to acquire or apply for registration of these rights, hereinafter the same applies) in the content generated by the Service shall belong to the Contracting Party. However, the Company reserves the right to use such intellectual property rights.
2.The Contracting Party represents and warrants to the Company that it has the lawful rights to transmit the operational data (image materials, texts, SNS account information, etc., such as Facebook) that it has sent and that the operational data does not infringe on the intellectual property rights, ownership rights, or other rights or interests of third parties.
3.The Company may, within the scope necessary for the provision, maintenance, and improvement of the Service or the promotion of the Service, reproduce, adapt, publicly transmit, and make operational data available for such transmission free of charge and without geographic limitation during the Contract period.
4.The Contracting Party agrees not to exercise moral rights of authors against the Company or any person designated by the Company.
1.The Contracting Party agrees that the Company may use information related to corporations and organizations, as well as information that does not identify individuals who are subjects of personal data, the usage status of the Service, or statistical and analytical data created based on such information. This information may be published, reprinted on websites, newspapers, magazines, books, and other media, or used in other business activities of the Company.
2.The Contracting Party agrees that the Company may disclose all information related to the Service to companies with which the Company has entered into outsourcing agreements for system maintenance, inspection, or management, provided that confidentiality agreements regarding the protection of personal and confidential information have been concluded with such companies in advance.
3.The Company may provide necessary information, including confidential information and personal data related to the Contracting Party or users, to third parties who are entrusted with all or part of the operations of the Service, to the extent required to achieve the purpose of the outsourcing. The Contracting Party agrees to this in advance.
1.The contract period, termination, and rules regarding the date of termination request shall be stipulated in a separate application form.
2.The Contracting Party may not cancel the contract within the contract period. In the event of cancellation or partial cancellation due to the Contracting Party’s circumstances, the Contracting Party shall pay the Company the Service fees for the period from the day after the agreed cancellation date until the original expiration date of the contract as a cancellation fee.
1.If any of the following conditions occur, the Company may, without prior notice or demand to the Contracting Party, suspend the use of the OneDesign AI advertising creative generation service, delete all or part of the operational data, suspend the use of IDs, or restrict the use of all or part of the Service. Additionally, the Company may cancel the registration of the Contracting Party and terminate the Contract:
(1) If the Contracting Party violates any of the provisions of these Terms and fails to correct the violation after a reasonable period set by the Company.
(2) If a seizure, provisional seizure, provisional disposition, tax delinquency, or auction is filed against the Contracting Party.
(3) If a petition for corporate reorganization, bankruptcy, civil rehabilitation, or mediation under the Specific Mediation Law is filed against the Contracting Party, or if the Contracting Party files such a petition itself.
(4) If the Contracting Party is subject to administrative sanctions such as business suspension or cancellation of business licenses or registrations by supervisory authorities.
(5) If the Contracting Party decides to discontinue business, undergo significant organizational changes, or pass a resolution to dissolve.
(6) If the Contracting Party is unable to pay, such as receiving a dishonored check or bill.
(7) If any other serious breach of trust occurs, making it difficult to continue the Contract.
2.If any of the conditions in the preceding paragraph occur, the Contracting Party shall immediately lose the benefit of the term on all monetary obligations to the Company and shall immediately pay the full amount owed.
1.The Company may change the content of the Service or terminate the provision of the Service at its discretion. In the event that the Company terminates the provision of the Service, the Company will notify the Contracting Party in advance.
2.The Company shall not be liable for any damages incurred by the Contracting Party due to actions taken by the Company in accordance with this Article.
1.The Company provides the Service “as is” and does not guarantee that the Service will meet the specific purposes of the Contracting Party, or that the Service will have the expected functions, commercial value, accuracy, or usefulness, or that the use of the Service will comply with the laws or internal regulations of industry organizations applicable to the Contracting Party, or that no defects will occur.
2.The Service may integrate with external services, but the Company does not guarantee such integration. The Company shall not be responsible for any damages incurred by the Contracting Party due to the inability to integrate with external services. In cases where the Service is integrated with external services, the Contracting Party shall comply with the terms of use of the external services at its own cost and responsibility. If the Contracting Party receives any claims or becomes involved in a dispute with an external service provider, the Company shall bear no responsibility for such claims or disputes.
3.The Contracting Party acknowledges in advance that the use of all or part of the Service may be restricted due to changes in the terms of use or operational policies of the external services with which the Service is integrated, and the Company shall not be responsible for any damages resulting from such restrictions.
4.The Company shall not be liable for any damages resulting from the provision of the Service arising from the following circumstances:
(1) If the equipment used for the Service (referring to the equipment used by the Company to provide the Service, hereinafter the same) is damaged or becomes inoperable due to natural disasters such as earthquakes or floods, or if operational data is damaged or lost.
(2) If the equipment used for the Service is damaged or becomes inoperable due to fires, power outages, or other causes not attributable to the Company, or if operational data is damaged or lost.
(3) If the equipment used for the Service is damaged or becomes inoperable, or if operational data is damaged or lost, due to acts of illegal intrusion by hackers, etc.
(4) If the equipment used for the Service is damaged or becomes inoperable, or if operational data is damaged or lost, due to incorrect operations, improper registrations, settings, etc. by the Contracting Party or user.
(5) If the system is temporarily maintained to improve service quality.
(6) If the equipment used for the Service is damaged or becomes inoperable, or if operational data is damaged or lost due to any of the reasons listed in the preceding items.
(7) Other circumstances beyond the reasonable control of the Company (including, but not limited to, wars, terrorism, trade embargoes, strikes, riots, inability to secure materials and transportation facilities, and government interventions).
1.If the use of the Service causes damage to the Company, its customers, other contracting parties, users, or third parties due to reasons attributable to the Contracting Party, the Contracting Party shall compensate the Company for all damages incurred, including attorney fees and costs necessary to restore the Company’s reputation, image, and other matters related to the Service.
2.In addition to the previous clause, if the Company is compelled to compensate other contracting parties, users, or third parties due to actions caused by the Contracting Party, the Contracting Party shall compensate the Company for all damages suffered by the Company.
3.If the Contracting Party receives any claims or is involved in any disputes with other contracting parties, users, or third parties related to the Service, the Contracting Party shall immediately notify the Company of such matters and handle the claims or disputes at its own expense and responsibility. Additionally, upon the Company’s request, the Contracting Party shall report the progress and outcome of the matter to the Company.
4.The Company shall bear no responsibility for any transactions, communications, or disputes that arise between the Contracting Party and other contracting parties, users, or third parties concerning the Service.
5.If any provision in these Terms exempting the Company from liability is deemed inapplicable by a court of competent jurisdiction, and damages are caused directly by the Company’s actions, the Company shall compensate the Contracting Party for actual, direct, and ordinary damages incurred. Furthermore, the maximum compensation payable by the Company shall be limited to the amount of service fees actually received from the Contracting Party for the 12-month period preceding the date of the cause of the damages.
1.The Contracting Party may not transfer or dispose of, in whole or in part, its contractual status, or any rights or obligations arising from this Contract to any third party, nor may it permit any third party to assume such rights or obligations or use them as collateral, without prior written consent from the Company.
2.If the Company transfers the business related to the Service to a third party, the Company may transfer the status, rights, obligations under this Contract, and information obtained through the Service to the transferee of such business. The Contracting Party agrees to this in advance. In this clause, business transfer includes ordinary business transfers, as well as any form of business succession, including company splits or other business transfers.
1.Notices or communications from the Contracting Party to the Company (hereinafter referred to as “Notices, etc.”) and notices or communications from the Company to the Contracting Party shall be made via email or other methods specified by the Company unless otherwise stipulated.
2.The effectiveness of notices from the Company to the Contracting Party shall commence at the time the Company sends such notices. In cases where other methods are used, the effectiveness of notices shall commence after the reasonably required period has passed for the notice to reach the Contracting Party.
3.The effectiveness of the notices defined in the previous paragraph shall apply regardless of whether the Contracting Party has received or acknowledged the notice.
The Company may modify these Terms at its discretion without prior notice. If the Company modifies the Terms, it will notify the Contracting Party of the changes. If the Contracting Party uses the Service (including all activities related to the Service or performed through the Service) after such notification, the Contracting Party will be deemed to have agreed to the changes. Rights and obligations already arising under these Terms will not be affected by the new Terms unless otherwise specified.
If any provision or part of a provision in these Terms is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to be effective. The invalid provision or part thereof shall be replaced with the most closely aligned valid provision, or the invalid part shall be interpreted in a reasonable manner that aligns with the intent of the original provision.
These Terms and the Contract shall be governed by the laws of Japan. Any disputes arising from or related to this Contract shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
1.Users are responsible for managing their email addresses, IDs, and passwords (collectively referred to as “IDs, etc.”) and must ensure that the IDs and passwords (including the email address ID, password, and other configuration information; hereinafter the same) are not disclosed to third parties. The Company assumes no responsibility for any damages incurred by the user due to failure to fulfill this obligation.
2.Users must set a password that is difficult for third parties to guess and, when necessary, change the password accordingly. The Company assumes no responsibility for any damages incurred by the user due to failure to fulfill these obligations.
3.Users are fully responsible for the use and management of their IDs, etc., and the Company assumes no responsibility for any damages caused by insufficient management, improper use, or use by third parties.
4.Users may not allow any third party, other than those approved by the Company, to use their IDs, etc., nor may they lend, transfer, sell, or pledge them.
5.If the Company determines, at its discretion, that there is a possibility of unauthorized use of the user’s ID, etc., due to multiple failed login attempts, the Company may suspend the use of the relevant ID and password. In such cases, the user must follow the procedures specified by the Company to restore access. The Company assumes no responsibility for any damages incurred by the user due to the suspension of access to the service as a result of such actions.
1.When using the Service, if the user utilizes the SNS integration function, the user agrees to grant the necessary access permissions to the management account of the social networking service (hereinafter referred to as “SNS”) designated by the Company. The user also grants the Company permission to copy, store, adapt, and otherwise use the user’s content (hereinafter referred to as “User Content”) free of charge, to the extent necessary for providing the Service and analysis services, including the use of copyrights. However, the Company will only use User Content for the purpose of improving the accuracy of CVR (conversion rate). The Company will anonymize the licensor and abstract the User Content.
2.The Company will only access and operate the SNS accounts managed by the user to the extent necessary for providing and operating the Service.
3.When using the SNS integration function, the user agrees to grant the relevant permissions for the SNS account in accordance with the integration methods available on the platform.
4.All intellectual property rights and other rights to the analysis results generated by the SNS integration service and all User Content generated through the SNS integration service under these Terms or separate terms and conditions are owned and maintained by the Company.
1.Users may not resell, distribute, or sell the content downloaded from the platform to third parties. If the user wishes to sell the content, separate written discussions and agreements with the Company are required.
2.If the user wishes to use the content outside the specified platform, such use is permitted only through separate written discussions and agreements with the Company.
3.Users must respect all intellectual property rights and other rights related to the Company’s content and comply with the usage scope and restrictions outlined in this article.
If matters not stipulated in these Terms arise, both parties shall promptly seek to resolve them through mutual consultation based on the principles of good faith.
Effective as of December 6, 2023.
Revised on July 1, 2024
Revised on November 18, 2024
