Term of Use- Psyoto

This agreement is a valid contract between FLEXTECH INC. company (hereinafter referred to as “FLEXTECH INC. company”) and all parties using Psyoto services (hereinafter referred to as “users” or “you”) for the use of Psyoto services and related services. Before you begin to read and decide whether to accept the “Psyoto User Terms” (the “Terms”), please carefully read and pay attention to the bold prompts in these Terms, including but not limited to clauses exempting or limiting liability. Any use of Psyoto’s services constitutes acceptance of all terms and conditions. This agreement applies to any Psyoto AI image repair service, including upgrades and updates to various services and software used by users during the term of this agreement.

You may use the Services only as permitted by applicable law, including export control laws and regulations. You must be at least 16 years old (or older, depending on where you live) to use the Services. Further, if you are a minor, you confirm that you have obtained parental consent to use the Services.

1.Uploaded Content and Images

You may upload digital images to the Website. Images uploaded to the Website must be digital images in JPEG, PNG or GIF formats. For further guidance and information on images and uploading please visit our help pages.

Although we prohibit the uploading of certain types of image to the Website, we cannot control, nor do we monitor the use of the Website. It is possible that images or other material may appear on the Website which are unlawful or offensive and contravene our restrictions on content set out above. We are not responsible for such images or material but if you become aware of any such images or material on the Website please contact us without delay.

We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to the Website including the uploading or emailing of any images in breach of the above restrictions on content. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.

We may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these Terms.

We may refuse to provide any services to anyone who breaches these Terms.
You agree to indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

● any use by you of the Website in breach of these Terms;

● any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party’s copyright, trade mark or other intellectual property rights;or

● any claim that the processing, printing or other dealing by us of any images uploaded or emailed by you or on your behalf is an infringement of any third party’s copyright, trade mark or other intellectual property rights.

Certain features of Psyoto you use may need you to upload content, including images, files, and documents (“Your Content”). You hereby grant us a royalty-free, transferable, sub-licensable, worldwide, and irrevocable license to process Your Content as your requirement.

You shall be lawful owners of and/or lawfully entitled to use and process Your Content and you retain any copyright and other proprietary rights that you may hold in Your Content that you upload.

You must not upload any Content that is prohibited by any applicable law. We reserve the right to remove Your Content or restrict access to Our Services if any of your Content is found to be in violation of this Agreement.

2.Rights of User

(a) The User may use the platform which is accessible under Psyoto

(b)exclusively for non-commercial purposes. This means that all results from the platform (hereinafter: the Platform) may only be used privately. Use for (direct or indirect) commercial purposes is excluded.

(c) By giving consent, the User agrees that the Operator may store the User’s IP address to verify extensive use of the Platform.

3.What You are Not Allowed to do

You are not allowed to use the Website (or to copy or use any material from the Website) for any commercial purpose other than to conduct a commercial transaction with us unless you have our permission. Such forbidden commercial transactions include allowing access to your photo album in return for payment or for any other commercial purpose.
You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material on the Website from any copies or printed items taken of material from the Website.

You are not allowed to upload or order printed items which contain or use any images or other material including text based annotations and comments, which contain any of the following:

· material which is defamatory of any person;

· material which is pornographic, obscene, indecent or offensive;

· material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

· material that is likely to incite hatred or violence against any person or group;

· material that is likely to deceive any person;

· blasphemous material;

· material which concerns or relates to any criminal act;

· material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;

· material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity;

· material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;

· material which is likely to harass, upset, embarrass, alarm or annoy any other person;

· material used to impersonate any person, or to misrepresent your identity or affiliation with any person;

· material which gives the impression that it emanates from us, if this is not the case;

· material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or

· material that breaches any applicable laws or legislation.

You are not allowed to:

· create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from this Website except where expressly permitted on the Website;

· disseminate advertisements or for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services);

· transmit or re-circulate any material obtained from this Website to any third party except where expressly permitted on this Website;

· disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail” , “spam” , “chain letters” , “pyramid schemes” , or any other form of solicitation;

· disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

· use the Website in any way that might infringe third party privacy or other rights, is unlawful or that might bring us into disrepute; or

· post link(s) that take users to material that contravenes any of the above restrictions.
We may assign or transfer any of our rights or sub contract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms except with our specific permission in writing.

4.Operation of The Website

We may change the format and content of the Website (or any products or services offered by the Website) at any time.
We may terminate or suspend the operation of the Website (or terminate or suspend provision of any products or services offered through the Website) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.

You are advised to keep backups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded onto the Website.

Because public networks, such as the internet, occasionally experience disruptions, we cannot guarantee the Website will be available at all times. Although we strive to provide the most reliable website possible, interruptions and delays in accessing the Website are unavoidable and we disclaim any liability for damages resulting from such problems.
Information on the Website may contain technical inaccuracies or typographical errors. We attempt to make its descriptions as accurate as possible, but we do not warrant that the content of the Website is accurate, complete, reliable, current, or error-free.

We has the right to restrict the use of the Platform without giving reasons or to block Users.

6.Intellectual Property Rights

We are the lawful owners of and/or lawfully entitled to use any and all the intellectual property rights (including but not limited to trademarks, copyrights and patents) to our brand and our Software (collectively, “Our Content”). You may use Our Content and/or our intellectual properties, only if you have obtained prior express written consent from us. Without prior express written consent from us, you may not, and shall not assist any third party to: (a) use, reproduce, publish, release, copy, modify, forward, translate, spread, or distribute any Our Content or any part thereof; or (b) lease, lend, sell, sub-license, transfer, or otherwise dispose of any Our Content or any part thereof, or any of your rights relating to Our Content.

You may not, and shall not assist or encourage any third party to, reproduce, reverse engineer, decompile, disassemble, or create any derivative works from our Software, unless otherwise expressly approved by us in writing.

This Agreement does not transfer any intellectual property rights nor give either Party the rights in the intellectual property of the other Party unless otherwise stated in writing.

This Service is protected under the Copyright Act, other laws regarding intellectual property rights, and international agreements on copyrights, and the user is solely responsible for any problems arising from the use of services or service contents in illegal or wrongful manners. These terms and conditions of use do not grant or guarantee the user any license to the contents.

The Company has the right to alter or discontinue the characteristics or functions of the Service to improve the quality of the Service.

7.Data Protection

Personal data provided to us through the Website will only be used in accordance with our Privacy Policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our Privacy Policy.

8.Limitation of Liability

We are not responsible for the content of any external website featured as a link on the Website, nor are we responsible for the content of any advertiser’s website or the conduct of any business or individual advertising on the Website. Any such links are provided merely as a service to users of the Website and their inclusion in the Website does not constitute an endorsement by or affiliation with us.

This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising these Terms. It is up to you to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will we be liable to you or any other any party associated with you for any direct, indirect, special or other consequential damages for any use of the Website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we have been expressly advised of the possibility of such damages.

Nothing in these Terms shall restrict or exclude any liability that we have to any party which cannot be excluded by law and in particular, and notwithstanding any term of these Terms, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.

9.Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

10.Linking to The Website

We welcome “hot links” to the Home Page of the Website, but not “deep linking” by which we mean that you may not include a link to any page of the Website that is not the home page. Neither may you display the contents of the Website (or any page from it) or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please contact us.

11.Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page).

By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

12.Governing Law and Dispute Resolution

These Terms will be governed by Japanese law except for its conflicts of laws principles.

Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting（[email protected]）. The Company will endeavor to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or the Company may bring a formal proceeding.

You and the Company agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in courts of Tokyo. Both you and the Company consent to exclusive venue and personal jurisdiction in such courts. If you reside in a jurisdiction with laws that give consumers the right to bring disputes in their local courts, this paragraph shall not affect those requirements.

13.Contact Us

If you have any questions or concerns about this Agreement or if you want to exercise your rights, please contact us via email at [email protected].

Notice date:28/11/2023Enforcement date: 28/11/2023