Article 1 (Scope)
These Terms of Use (the “Terms”) set forth the conditions for use of the application “everies” (the “Service”) provided by Whatever Co. (the “Company”). Users shall use the Service upon agreeing to these Terms.
Article 2 (Service Description)
The Service is an application that utilizes augmented reality (AR) and artificial intelligence (AI) technologies to provide experiences such as character generation and voice interaction.
The Service includes certain paid features.
In providing the Service, the Company uses third-party APIs and cloud services, including the Gemini API provided by Google LLC and APIs provided by ElevenLabs, Inc.
Article 3 (Use of External Services)
The Service provides its functions through the external services described in the preceding Article.
Users receive such technical functions through the Service but do not directly use the external services themselves.
Any contracts and obligations relating to the use of such external services shall be borne by the Company and shall not apply directly to users.
Article 4 (Age Requirements)
In using the Service, users shall comply with the age restrictions set forth in the terms of use of the external services used by the Company, including Google and the Gemini API.
Article 5 (System Requirements)
The Service is intended for use in the following environments:
iOS
iOS 16.0 or later
ARKit-compatible devices
Article 6 (License)
The Company grants users a non-exclusive right to use the Service in accordance with these Terms.
Article 7 (Fees)
The fees, content, and conditions of the Service shall be as displayed within the Service.
Payments shall be made through the billing system of the platform used by the user (such as the App Store or Google Play).
The Company may change the scope of free usage, the number of permitted uses, and the pricing structure.
Article 8 (Refunds)
Fees for paid plans shall not be refunded, except where required by applicable laws or by the policies of the relevant platform.
Article 9 (Prohibited Conduct)
Users shall not engage in any of the following acts:
Acts that violate laws or public order and morals (including, but not limited to, threats, defamation, insults, acts damaging credit, obstruction of business, fraud, transmission of computer viruses or other harmful programs, transmission of obscene expressions or videos, transmission of content inciting discrimination, and transmission of content encouraging improper drug use).
Unauthorized use of the Service (including hacking and reverse engineering), modification thereof, or any act that interferes with or may interfere with the provision of the Service, as well as the creation or use of any software intended for such purposes.
Acts that infringe the rights of third parties, including copyrights, portrait rights, privacy rights, and any other rights.
Commercial use of the Service, or advertising, promotion, or solicitation for profit, without the prior written consent of the Company.
Manipulation of inputs (including prompt injection) for the purpose of bypassing, disabling, or circumventing AI safety features, filtering functions, or other restrictions of the Service.
Intentionally causing the AI to generate discriminatory, violent, unlawful, or otherwise harmful content.
Use of the AR features while walking, while operating a bicycle, automobile, or other vehicle, or in any other dangerous environment. Where a user causes damage to a third party in violation of this prohibition, the user shall compensate such damage at the user’s own responsibility and expense, and shall not impose any liability on the Company.
Use of the Service as a substitute for medical, mental health, legal, financial, or other professional advice.
Any other acts that the Company determines to adversely affect the provision of the Service.
Causing or inducing a third party to engage in any of the prohibited acts set forth in the preceding items.
Article 10 (Data Handling)
The Service may collect and transmit the following information:
Camera data (which may include facial images)
Audio data collected via microphone
Text input data
Such information may be transmitted to external services, including Google LLC and ElevenLabs, Inc., for the purpose of providing the functions of the Service (such as AI generation and voice processing).
Transmitted data may be processed and stored on the servers of such external services, including servers located outside Japan.
The Service does not intend to collect information for the purpose of identifying specific individuals; however, depending on user input, information relating to individuals may be processed.
Further details regarding the handling of data shall be governed by the separately established Privacy Policy.
Article 11 (Notes on AI)
The Service uses AI technologies to generate content. Due to the nature of AI, generated content may include unintended material (such as inaccurate, inappropriate, or unexpected outputs). Users shall use the Service with this understanding.
While the Company implements certain safety measures (such as filtering), it does not guarantee the complete prevention of inappropriate outputs.
Even where the statements or actions of characters displayed through the Service relate to specific brands, products, or services, the Company shall not be liable for any impact on brand image arising therefrom.
Users shall make any decisions and take any actions based on AI outputs at their own responsibility.
Content provided through the Service is for informational purposes only and does not constitute medical, mental health, legal, financial, or other professional advice, nor any medical diagnosis or treatment, and is not a substitute for qualified professionals.
Article 12 (Intellectual Property)
All copyrights relating to the Service (including the rights set forth in Articles 27 and 28 of the Copyright Act of Japan) and other intellectual property rights shall belong to the Company or to the rightful right holders.
Rights to the data input by users into the Service (including text, images, and audio) shall belong to the respective users. However, users hereby grant the Company a non-exclusive right to use such data solely for the purposes of providing the Service and of improving and enhancing the quality of the Service.
The ownership of copyrights and other rights in content generated by the AI functions of the Service shall be determined in accordance with applicable laws.
When publishing any content, users shall, at their own responsibility, take all necessary steps to ensure that such publication does not infringe the copyrights, portrait rights, privacy rights, or any other rights of third parties.
Article 13 (Disclaimer Regarding Social Media)
When users post, publish, or share content generated or experienced through the Service (including character images, recordings, and screenshots) on social media platforms, including personal accounts, or on any other social media, such posting, publishing, or sharing shall be conducted at the user’s own discretion and responsibility.
The Company shall bear no responsibility whatsoever for any damages, disputes, third-party claims, or other disadvantages arising from or in connection with such posting, publishing, or sharing.
Article 14 (Disclaimer)
The Company does not guarantee the completeness, accuracy, or usefulness of the Service.
The Company shall not be liable for any damages incurred by users through the use of the Service, except in cases of willful misconduct or gross negligence on the part of the Company.
Even where the Company is liable, the Company’s liability shall not exceed an amount equivalent to six (6) months of the fees paid by the user to the Company for the use of the Service. The Company shall not be liable for incidental, indirect, special, or anticipated damages, or for lost profits.
The Company does not guarantee the continued provision of paid services.
The Company shall not be liable for any damages incurred by users arising from failures, specification changes, termination, or any other matter relating to third-party services used by the Company (including the Gemini API and APIs provided by ElevenLabs, Inc.).
The Company shall not be liable for any accidents or other damages incurred by users or third parties in connection with the use of the AR features of the Service. Users shall use the Service in a safe environment and shall bear sole responsibility for any incidents occurring during use of the AR features.
Article 15 (Representation and Warranty Regarding Non-Affiliation with Anti-Social Forces)
Users represent and warrant that they do not fall within the category of anti-social forces (meaning organized crime groups, members of organized crime groups, right-wing organizations, or any entities equivalent thereto), and that they are not, through financial contributions or by any other means, cooperating with or otherwise involved in the maintenance, operation, or management of any anti-social forces.
If the Company determines that a user has violated, or may violate, the representation and warranty set forth in the preceding paragraph, the Company may restrict or prohibit such user’s use of the Service.
Article 16 (Personal Information)
The Company shall handle personal information in accordance with the separately established Privacy Policy, and users hereby agree to the handling of personal information by the Company in accordance with such Privacy Policy.
The Company may use and disclose information and data provided by users in anonymized statistical form at its discretion, and users shall not object to such use or disclosure.
Article 17 (Modification and Suspension of the Service)
The Company may modify or suspend all or part of the Service as it deems necessary.
The Service may become unavailable, with or without prior notice, due to maintenance or in response to unforeseen issues, and users acknowledge this possibility.
If the Company terminates the Service, the Company shall notify users in advance.
Article 18 (Amendment of the Terms)
The Company may amend these Terms as necessary. The amended Terms shall become effective from the time they are posted on the Service or notified by such other means as the Company deems appropriate.
Where any amendment is of a nature that requires user consent under applicable laws, the Company shall obtain such consent in the manner prescribed by the Company.
Users shall review the Terms as amended by the Company from time to time.
Article 19 (Assignment)
Users may not assign, transfer, pledge as collateral, or otherwise dispose of their contractual status under these Terms, or any of their rights or obligations under these Terms, to any third party without the prior written consent of the Company.
If the Company transfers the business relating to the Service to a third party, the Company may, in connection with such business transfer, assign to the transferee its contractual status, rights and obligations under these Terms, registration information of users, and other customer information, and users shall be deemed to have consented in advance to such assignment. Business transfers under this paragraph include not only ordinary business transfers but also corporate splits and any other event resulting in the transfer of business operations.
Article 20 (Governing Law and Jurisdiction)
These Terms shall be governed by the laws of Japan. Any dispute arising in connection with the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Company’s principal office.
Effective Date: May 28, 2026