Last Updated: January 25, 2025
These Terms of Use (hereinafter referred to as "these Terms") set forth the conditions for using the services (hereinafter referred to as "these Services") provided by the provider (hereinafter referred to as "the Provider") of AppIconai (hereinafter referred to as "this app"). Users (hereinafter referred to as "Users") shall use these Services in accordance with these Terms. By downloading, installing, or using this app, Users are deemed to have agreed to these Terms.
1. Acknowledgement
You and the Provider acknowledge that this EULA is concluded between You and the Provider only, and not with Apple Inc. (hereinafter referred to as "Apple"), and the Provider, not Apple, is solely responsible for this app and the content thereof. This EULA may not provide for usage rules for this app that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date.
2. Scope of License
The license granted to You for this app must be limited to a non-transferable license to use this app on any Apple-branded Products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that this app may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support
The Provider is solely responsible for providing any maintenance and support services with respect to this app, as specified in this EULA, or as required under applicable law. You and the Provider acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this app.
4. Warranty
The Provider is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of this app to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for this app to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Provider's sole responsibility.
5. Product Claims
You and the Provider acknowledge that the Provider, not Apple, is responsible for addressing any claims of You or any third party relating to this app or Your possession and/or use of this app, including, but not limited to:
- Product liability claims
- Any claim that this app fails to conform to any applicable legal or regulatory requirement
- Claims arising under consumer protection, privacy, or similar legislation, including in connection with this app's use of the HealthKit and HomeKit frameworks
This EULA may not limit the Provider's liability to You beyond what is permitted by applicable law.
6. Intellectual Property Rights
You and the Provider acknowledge that, in the event of any third party claim that this app or Your possession and use of this app infringes that third party's intellectual property rights, the Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance
You represent and warrant that:
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country
- You are not listed on any U.S. Government list of prohibited or restricted parties
8. Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using this app. This app uses AI technology from OpenAI and Seedream, and You must agree to the terms of these services.
9. Third Party Beneficiary
You and the Provider acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon Your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third party beneficiary thereof.
10. Special Provisions Regarding AI Generation
This app uses Artificial Intelligence (AI) technology (OpenAI and Seedream) to generate content.
- Rights to Generated Content: Rights to images generated using this app belong to the User in accordance with applicable laws and AI service provider terms. Users may use generated images for commercial purposes in their own app development and business.
- Possibility of Similarity: Due to the nature of AI technology, similar or identical images may be generated for different users. Users acknowledge this point.
- Responsibility: Users are responsible for confirming that text (prompts) they enter and images generated based on them do not infringe on third-party rights.
11. Prohibited Actions
Users shall not engage in the following acts when using these Services:
- Acts that violate laws or public order and morals
- Acts related to criminal activities
- Acts that destroy or interfere with the server or network functions of this app
- Acts of reverse engineering, decompiling, disassembling, or otherwise deciphering the source code of this app
- Entering prompts containing violent, discriminatory, obscene content, or content that harms others
- Other acts deemed inappropriate by the Provider
12. Disclaimer
This app is provided "AS IS". The Provider does not guarantee that this app is free from factual or legal defects (including defects regarding safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, errors or bugs, and rights infringement). We also do not guarantee the quality of AI-generated content or its fitness for Users' expectations.
13. Limitation of Liability
The Provider shall not be liable for any damages caused to Users due to these Services, except in cases of intentional or gross negligence by the Provider. Even if the Provider is liable, such liability is limited to ordinary damages, and the Provider is not liable for special damages arising from special circumstances (such as lost profits). When the Consumer Contract Law applies, this disclaimer may not apply partially.
14. Changes to Terms of Use
The Provider may change these Terms at any time without notifying Users when deemed necessary. The changed Terms of Use shall take effect from the time they are posted in an appropriate location within this app.
15. Governing Law and Jurisdiction
Japanese law shall be the governing law for the interpretation of these Terms. In the event of any dispute regarding these Services, the Tokyo District Court shall be the exclusive agreed jurisdictional court.
16. Developer Information and Contact
For inquiries regarding these Terms, please contact the developer using the information below.
Developer Name: Akira Kawata
Address: 960-2 Nishihirai, Nagareyama-shi, Chiba-ken 270-0156, Japan
Phone: +81 70 9009 0565
Email: eerf0309+appicon@gmail.com