Terms of Service
Last Updated: January 23, 2026
These Terms of Service (hereinafter referred to as "Terms") govern the terms of use for the mobile application "Kimera" (hereinafter referred to as "App") provided by Akira Kawata (hereinafter referred to as "Provider"). Users (hereinafter referred to as "User") are requested to use the App in accordance with these Terms.
By downloading, installing, or using the App, User is deemed to have agreed to all conditions of these Terms.
Article 1 (Application)
- These Terms apply to all relationships relating to App use between User and Provider.
- The App is provided through Apple Inc.'s (hereinafter "Apple") App Store. Matters not specified in these Terms may be subject to or take precedence over Apple's "Apple Media Services Terms and Conditions" and "Standard End User License Agreement (Standard EULA)."
- You and the User acknowledge that this EULA is concluded between You and the User only, and not with Apple. You, not Apple, are solely responsible for the Licensed Application and the content thereof.
Article 2 (License)
- Provider grants User a non-exclusive, non-transferable, revocable license to use the App on User's owned or managed Apple devices (iPhone, iPad, etc.) for personal and non-commercial purposes.
- User shall not reverse engineer, decompile, disassemble, modify, alter, or create derivative works of the App.
- The license granted to User for the App is limited to a non-transferable license to use the App on any Apple-branded Products that User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Article 3 (Paid Plans and Subscriptions)
The App can be used for free, but there is a paid plan "Premium" that provides some features and unlimited generation functionality.
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Billing and Payment
課金と支払い
Paid plan usage fees are billed through Apple ID (App Store). Payment is made to User's Apple ID account at the time of purchase confirmation. -
Auto-Renewal
自動更新
Subscription automatically renews unless auto-renewal is turned off at least 24 hours before the end of the current subscription period. Renewal fee will be charged to the account within 24 hours prior to the end of the current subscription period. -
Cancellation (Unsubscription) Method
解約(登録解除)方法
User can manage subscription and disable auto-renewal at any time through iOS Settings app (Apple ID settings). Uninstalling the App alone will not cancel subscription, please be careful. -
Refunds
返金
For refunds related to payments through App Store, it is necessary to apply to Apple according to Apple's policy. The Provider cannot directly process refunds.
Article 4 (Maintenance and Support)
- Provider is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law.
- User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Article 5 (Warranty)
- 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 the App to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the App to User.
- To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Provider's sole responsibility.
Article 6 (Product Claims)
- User acknowledges that Provider, not Apple, is responsible for addressing any claims of User or any third party relating to the App or User's possession and/or use of that App.
- Such claims include, but are not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- The EULA may not limit Provider's liability to User beyond what is permitted by applicable law.
Article 7 (Intellectual Property Rights)
- User acknowledges that, in the event of any third party claim that the App or User's possession and use of that App infringes that third party's intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Article 8 (Legal Compliance)
- User represents and warrants that: (i) User is 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; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.
Article 9 (Third Party Terms of Agreement)
- User must comply with applicable third party terms of agreement when using the App.
- For example, if User has a VoIP application, then User must not be in violation of their wireless data service agreement when using the App.
Article 10 (Third Party Beneficiary)
- User acknowledges and agrees that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA.
- Upon User's 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 User as a third party beneficiary thereof.
Article 11 (Special Provisions for AI Generation Features)
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Nature of Service
サービスの性質
The App uses AI (artificial intelligence) technology (Seedream, Google Gemini, etc.) to generate images. Due to technical nature, the App does not guarantee that generated images will meet User's expectations or achieve specific quality or accuracy. -
Input Images
入力画像
User represents and warrants that they have legitimate rights or have obtained appropriate permission from rights holders for images (pet photos, etc.) uploaded for AI generation. Use of images that infringe others' copyrights or portrait rights is prohibited. -
Rights to Generated Images
生成画像の権利
Rights to images generated using the App belong to User within the scope of laws. However, User acknowledges that AI-generated images may not be protected as copyrighted works under copyright law.
Article 12 (Prohibited Acts)
User shall not engage in the following acts in using the App.
- Acts violating laws or public order and morals
- Acts related to criminal activities
- Acts that destroy or interfere with App's server or network functions
- Attempts to evade, disable, or invalidate App's security restrictions
- Acts using input images that infringe third-party copyrights, trademark rights, privacy rights, portrait rights, etc.
- Acts to generate or disseminate sexual, obscene, violent, discriminatory, or other inappropriate images
- Acts to directly or indirectly provide benefits to anti-social forces
- Other acts that Provider determines inappropriate
Article 13 (Suspension etc. of App Provision)
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Provider may, without notice to User, suspend or interrupt provision
of all or part of the App if it determines any of the following
reasons exist:
- When performing maintenance or updates to App systems
- When provision becomes difficult due to force majeure such as AI service provider failure
- Other cases where Provider determines provision difficulty
- Provider shall not assume any liability whatsoever for any disadvantage or damage incurred by User or third parties due to suspension or interruption of App provision.
Article 14 (Disclaimer)
- The App is provided "AS IS". Provider does not expressly or implicitly warrant that the App is free from any factual or legal defects (including but not limited to safety, reliability, accuracy, completeness, effectiveness, fitness for particular purpose, security, bugs, errors, or rights infringement).
- Provider shall not be liable for any damage arising from the App, except in cases of Provider's intent or gross negligence.
- Even if Provider assumes liability under Consumer Contract Act etc., Provider shall not be liable for damages arising from User's special circumstances (consequential damages, special damages, incidental damages, lost profits, etc.), and compensation amount shall be limited to the amount User actually paid to the App in the month damage occurred (or one month's Premium plan equivalent or 500 yen, whichever is higher, in case of free plan).
Article 15 (Changes to Terms)
Provider may change these Terms at any time without notice to User if deemed necessary. After-changed Terms become effective from the time they are displayed on the App or this site, and User is deemed to have agreed to the changed Terms by using the App thereafter.
Article 16 (Governing Law and Jurisdiction)
- Japanese law shall be the governing law for interpretation of these Terms.
- In case of dispute related to the App, Tokyo District Court shall be the exclusive agreed jurisdiction court of first instance.
Article 17 (Developer Name and Address)
Provider's name and address, and contact information to which any questions, complaints or claims with respect to the App should be directed, are as follows:
Provider Name: 提供者名: Akira Kawata
Provider Address: 提供者住所: 960-2 Nishihirai, Nagareyama-shi, Chiba-ken 270-0156, Japan
Telephone Number: 電話番号: +81 70 9009 0565
Email Address: メールアドレス: eerf0309+kimera@gmail.com