ibisPaint's terms of service

This ibisPaint service (defined in agreement) are provided by ibis inc. ("we", "our" or "us"), whose principal place of business is at Nakamo bldg.4F 3-17-34 Meieki, Nakamura-ku, Nagoya, Aichi 450-0002, Japan. Using this service is subject to your agreement to the terms and conditions below. You must understand and agree that we will treat your use of this site or ibisPaint Apps as acceptance of the terms from that point onward.

1. Definitions

1. "ibisPaint Apps" stands for the following software we produce and provide.
   1. ibisPaint
   2. ibisPaint X
2. "ibisPaint service"(this service) stands for a general term of service provided by ibispaint.com (this site) and ibisPaint Apps.
3. "Our services" refer to all services that we produce and sell, including "ibisPaint service".
4. "User" stands for anybody who uses this service.
5. "Artwork (IPV) file" stand for the files which is created or used by ibisPaint Apps containing image data.
6. "User's creations" stand for ones that users post or made using Our services in this site such as sentences, images, movies, artwork (IPV) files, etc.
7. "IB-CC license" is an abbreviated name of "Ibis Creative Commons license" and warrant approving the free use of user's creations having IB-CC license without violating the intellectual property right only when they are used in Our services.
8. "Category" stands for what categorizes user's creations.
9. "IB-CC license applicable category" stands for categories IB-CC license is applied to user's creations categorized into it. "Redistribution" refers to posting on this website or other social networking service, or distribution of printed matter. It refers to all acts of publicly publishing, or displaying data or images from a User's creations.
10. "Brush QR Code" is a QR Code image that can be created and used in ibisPaint Apps, and guarantees that it can be used freely without being considered as intellectual property infringement as long as it is used within Our services.
11. "Cloud Storage" is the function and service which allows users to store their creation's data in the ibisPaint Apps server's storage.

2. Usage Fee

1. Usage of this site is free of charge. However, user will be responsible for any data communication charges or data plan expenses incurred by the use of this service. We will not be held responsible for these fees.
2. ibisPaint Apps will charge you for the following:
   1. ibisPaint (paid version)
   2. In-app purchase (one off payment)
   3. In-app purchase (monthly payment)
   4. In-app purchase (yearly payment)
3. In regards to ibisPaint (paid version),
   1. Payment will only be required once for the purchase.
   2. Following the above-mentioned payment, user will be entitled to the use of features and services covered in Section 2 item 9.
4. In regards to in-app purchase (one off payment),
   1. Payment will only be required once for the purchase.
   2. Following the above-mentioned payment, user will be entitled to the use of features and services covered in Section 2 item 9.
5. In regards to in-app purchase (monthly payment),
   1. Payment will be required on the registration day, and user will also be charged for the automatic renewal every month on the due date (referred to as monthly payment hereafter).
   2. Not limited to the above case, user will not be charged during free trial period; however, if the user does not cancel the usage after the free trial period has ended, it will automatically switch to monthly payment.
   3. User can cancel the monthly payment through a designated cancellation procedure; however, monthly payment will continue until the user cancels it.
   4. Monthly payment cancellation procedure will be valid until 24 hours before the end of the free trial period or 24 hours before the due date of the monthly payment. After that, user will be required to pay the monthly payment fee for the next month.
   5. During the free trial period or while the monthly payment is active, user will be entitled to the use of features and services covered in Section 2 item 9.
   6. If the user cancels the subscription during the free trial period, the free trial period will still be in effect; however, if the user registers again, the free trial period will no longer be in effect.
6. In regards to in-app purchase (yearly payment),
   1. Payment will be required on the registration day, and user will also be charged for the automatic renewal every year on the due date (referred to as yearly payment hereafter).
   2. Not limited to the above case, user will not be charged during free trial period; however, if the user does not cancel the usage after the free trial period has ended, it will automatically switch to yearly payment.
   3. User can cancel the yearly payment through a designated cancellation procedure; however, yearly payment will continue until the user cancels it.
   4. Yearly payment cancellation procedure will be effective until 24 hours before the end of the free trial period or 24 hours before the due date of the yearly payment. After that, user will be required to pay the yearly payment fee for the next year.
   5. During the free trial period or while the yearly payment is active, user will be entitled to the use of features and services covered in Section 2 item 9.
   6. If the user cancels the subscription during the free trial period, the free trial period will still be in effect; however, if the user registers again, the free trial period will no longer be in effect.
7. In regards to some of the products defined in Section 2 item 5 and Section 2 item 6, it is possible to switch to monthly-payment products and yearly-payment products; however, due date, free trial period, and other terms will be as follows,
   1. The due date will be changed to the due date of the product after the switch.
   2. Free trial period will not be newly applied to a product after the switch. Instead, the free trial period of the product before the switch will be carried on as is.
8. Information regarding usable services and features, charges, payment due date, free trial period and the terms, temporary suspension, grace period for a failed payment, cancellation procedure, and other things related to products defined under Section 2 item 2 are in accordance to the information describe on App Store, Google Play, HUAWEI AppGallery, and Microsoft Store where the ibisPaint Apps is being distributed (referred to as app distribution store) as well as this site. This information may be changed without prior notice to the user.
9. Purchase information and rights related to products defined under Section 2 item 2 are linked to the corresponding Apple ID, Google Account, HUAWEI ID, or Microsoft Account (referred to as purchase account hereafter). User will be able to share the usage rights with a device that can use the corresponding purchase account without paying any additional fees.
10. Payment for fees related to products defined under Section 2 item 2 will be made through the corresponding purchase account.
11. In regards to the refunds for products defined under Section 2 item 2, user will have to make a refund claim through the designated procedure on the app distribution store. User will only receive the refund if the claim is approved by the app distribution store.

3. Account

1. This service uses user authentication information from third-party account authentication services to identify each user.
2. You must sign up to a third-party account authentication service to use the services in this site which needs identification.
3. You must manage the account information under the terms of the service you registered and this service and we never be concerned with it.
4. You must approve your profile images, names, etc. used in third-party account authentication services are displayed in this service.

4. Categories of user's creations

1. We provide for the user's creations categories as below and users agree to these items.
   1. We provide all the categories of user's creations and may add, change and remove the categories without notice to manage this service.
   2. User's creations are categorized into any of one category and the categories set by our company are set automatically when posting them on this site.
   3. About user's creations, if a user is the one who is identified in accordance with Section 3 item 1, the person can change the category in our company's specified method whether the person is an identical user or not, except for the cases defined below.
   4. Regarding the user's creations, in the case that the user changes the category, it is thereafter not possible for anyone besides that user to change the category.
   5. Only an identical user can change the category of user's creations to IB-CC license applicable category.
   6. In case the user's creations are already categorized into IB-CC license applicable category, non-identical persons cannot change the category.
   7. The category for user's creations in which a Brush QR Code has been detected by our services' system will automatically be set to the Brush QR Code category. For user's creations in which a Brush QR Code has not been detected, it is not possible to change the category to the Brush QR Code category.
   8. We are not restricted by the above items and can change the category of user's creations freely.

5. IB-CC license

1. In case the user's creations are categorized into IB-CC license applicable category and were categorized into IB-CC license applicable category in the past, they are deemed to have IB-CC license. However, when you do not possess the intellectual property rights including copyrights or permission to use for them, they are not deemed to have IB-CC license.
2. In case the user's creations have IB-CC license, they can be used freely without violating the intellectual property right only when they are used in ibisPaint Apps.
3. In case the user's creations are made using the ones having IB-CC license with Our services, they don't necessarily have IB-CC license and if they are categorized into IB-CC license applicable category, they will be deemed to have IB-CC license.
4. Each item of section 9 is applied to user's creations having IB-CC license.

6. Brush QR Code

1. When redistributing a Brush QR Code or user's creative work that includes the Brush QR Code, the Brush QR Code can be used freely without being considered as intellectual property infringement as long as it is used within Our services.
2. When redistributing a Brush QR Code or user's creative work that includes the Brush QR Code, the clauses in article 9 shall be applied to the user's creative works other than the Brush QR Code itself.

7. Cloud Storage feature

1. A user who intends to use the Cloud Storage function (identified by the account authentication information provided by a third-party authentication service) is allocated a storage area (Cloud Storage area) on our server.
2. We sell products to increase the amount of data possible to be stored in the Cloud Storage area (Cloud Storage capacity). Logging into the ibisPaint app with the account provided by the third-party authentication service (referred to as ‘Authentication Account B’) on the device where Purchase Account A is registered (and paid), forms a link between Purchase Account A and Authentication Account B. This increases the Cloud Storage capacity of the user identified by Authentication Account B. If Purchase Account A and another third-party authentication service account (referred to as ‘Authentication Account C’) are already linked, the link between Purchase Account A and Authentication Account C is lost.
3. The basic Cloud Storage capacity allocated to users who have not purchased products that increase Cloud Storage capacity is referred to as ‘free Cloud Storage capacity’.
4. We reserve the right to change this free Cloud Storage capacity without prior notice to the user.
5. It is prohibited to use the Cloud Storage allocated to a single user from multiple devices owned by (or managed by) different users by entering shared account credentials on each ibisPaint app installed on those devices.
6. We may delete some or all data saved by the user in the Cloud Storage area in the following listed cases:
   1. When the Cloud Storage capacity of a user is reduced and thus the amount of stored data exceeds their new Cloud Storage capacity, as listed below. In such cases, any deletions shall be performed after a grace period of 30 days after the Cloud Storage capacity was reduced.
      1. If the user cancels a payment or receive a refund of a product to increase Cloud Storage capacity.
      2. If the link between accounts specified in Article 7.2 is lost and the system of this service therefore no longer recognizes the user has purchased a product that increases their Cloud Storage capacity.
      3. If we change (reduce) the free Cloud Storage capacity.
   2. If the user who does not purchase a product that increases their Cloud Storage capacity has not used the Cloud Storage function for 180 days.
   3. If the user violates Article 7.5.
   4. When stipulated in Article 11, Paragraph 1, Article 13, Paragraph 1, Article 14, Paragraph 1, and Article 15, Paragraph 1.

8. Privacy

1. We handle personal information under the privacy policy defined separately.

9. Intellectual property right of user's creations

1. You are permitted to submit user's creations including texts, images, movies or artwork (IPV) files only when you possess the intellectual property rights including copyrights or permission to use for all elements in them.
2. Intellectual property rights of user's creations are reserved.
3. Even if a user's creative work is using brush that is loaded into the ibisPaint Apps from Brush QR Code referred to in article 6 clause 1, the user will still retain the possession of the work's intellectual property rights.
4. In case the dispute arises between a user and the third party about intellectual property right of user's creations, two of them resolve the problem and this service and company are not concerned with it.
5. You have all responsibilities for the movies you uploaded to the YouTube and if there is a dispute about them with others, you must resolve it between two and this site and we never be concerned with it.
6. User approve the following, if they submit user's creations to this site.
   1. We may earn money by displaying advertisements on this site.
   2. We may use ibisPaint Apps or screenshot of this site to advertise this service, and user's creations on this site may appear there.
   3. We may introduce and post high quality user's creations with our official SNS account.

10. This site's content and intellectual property right of ibisPaint Apps

1. The copyrights of contents of this site and ibisPaint Apps excluding users' works defined in preceding provisions are possessed by us.
2. In using materials which are available in the Material tool of ibisPaint Apps, users are not allowed to do the following.
   1. To use materials for works which are created without utilizing ibisPaint Apps.
   2. To redistribute image files of materials.
   3. To redistribute data or images in reusable form whose main contents consist only of materials or which are made only by processing them.
3. The fonts found in the text tool of this app meets the standards of the user term agreement set forth by the font manufacturer.
4. In using prime fonts which are available in the Text tool of ibisPaint Apps, users are not allowed to do the following.
   1. To use prime fonts for works which are created without utilizing ibisPaint Apps.
   2. To redistribute font files of prime fonts.
   3. To redistribute data or images in reusable form whose main contents consist only of glyphs of prime fonts or which are made only by processing them.
5. You are not permitted to modify parts or the whole of the ibisPaint Apps distributed through the app distribution store (including the program and resource files) to create a new application.
6. You are not permitted to share the ibisPaint Apps distributed through the app distribution store (be it the original app or a modified one as mentioned in the preceding clause) to another party.

11. Conduct

1. You are not permitted to submit user's creations including texts, images, movies or artwork (IPV) files which is applicable to one or more of following items.
   1. Which violates the law or public order and standards of decency.
   2. Which is criminal or notice, participate in or aid and abet a crime.
   3. Which defame or injure the credit of a third party or infringe on third party's any rights including privacy rights and rights to his/her portraits.
   4. Which admire, leads to or aid and abet suicide, self-injuring or drug abuse.
   5. Which leads to discrimination by ethics, races, sex or age.
   6. Which contains obscene representations or leads to obscene services.
   7. Which contains violent or weird representation.
   8. Which searches for sexual relationship.
   9. Which intend to deal or to exchange an article or a service or exchange information about it regardless of profit/non-profit.
   10. Which contains information which may identify a person such as an e-mail address, a telephone number, an address or a bank account number regardless of self/third party's.
   11. Which is submitted to many places or many times.
   12. Which contains political intent or religious intent.
   13. Whose greater part is not created using ibisPaint Apps.
   14. Which hurts others feelings.
   15. Which impedes the management of this site or our any other services.
2. We can delete user's creations without prior notice if we judged that they violated the preceding items.
3. You are not permitted to do an action which is applicable to one or more of following items.
   1. To violate the law or public order and standards of decency.
   2. To sign in this service using other's account or sharing account.
   3. To transfer or resale the rights about using this service to a third party.
   4. To analyze this service technically.
   5. To access our computers illegally or get or destruct any information by illegal access.
   6. To violate this term.
   7. To impede the management of this service or our any other services.
   8. To infringe on our intellectual property rights by any ways including reprinting, copying, transferring, sale, resale or redistributing the works which we possess the copyrights.
   9. To use without permission or to sale or resale things protected by the industrial property rights such as trademarks, designs or patents we possess.
   10. To download data on this site for collecting Big Data.
4. You are not permitted to run ibisPaint Apps under environments we do not estimate (emulators, rooted Android devices, jailbroken iOS/iPadOS devices, etc).

12. Suspension of Service

1. We may suspend a part of or all of this service of this site in condition of one of following without any advance notice.
   1. In case of system fault in server machines, server software, network devices or network services which is used to provide the service of this service.
   2. In case of difficulty to provide service of this service because of fire, blackout or any other troubles.
   3. In case of occurrence of illegal access or attack to our system.
   4. In case of apprehension of causes damage to users or third parties by our system such as leakage of private information.
   5. In case of an event of near situations as precedence.
2. We may suspend a part of or all of this service of this site in condition of one of following with advance notice on the site for users.
   1. In case of maintenance or construction necessary to provide the service.
   2. In case of an event of near situations as precedence.
3. We are NOT liable to you or to any third party for any loss or damage caused by the situation in former provisions.

13. Exclusion of Antisocial Forces

1. You declare and guarantee that you are not a member of a crime syndicate, not an associated member of a crime syndicate, not someone who has not passed 5 years since leaving a crime syndicate, not a member of a business associated with crime syndicates, not a corporate blackmailer, not a member of political racketeering organization or specialized intellectual crime groups or any such organization (henceforth will be referred to as "antisocial forces"), and that you are not interacting with or participating in antisocial forces by participating or cooperating in their management, operation, and preservation by means of providing capital or other benefits.
2. In the case that you are unable to declare and guarantee the above, you will not be able to create an account for this service nor will you be able to utilize this service.
3. In the case that it becomes apparent that you have violated item 1, we will remove your information, such as creations, and we will terminate your account and ban you from using our service.
4. In the case that your account is terminate and you are banned from using our service due to the aforementioned provisions, we will not provide nor will you be able to demand any compensation, and you will compensate us if we incur any damage.

14. Suspension of Use and Information Removal

1. We reserve the rights to suspend the use or delete the account along with removing information such as creative works registered in this service of a user who is applicable to one of the following without prior notice.
   1. User who violated this agreement.
   2. User with sufficient reason for us to determine as a user who have been suspended in the past.
2. We are NOT liable to you or to any third party for any loss or damage caused by the situation in former provisions.

15. Termination of The Service

1. In case we judged it necessary, we can change, suspend, cancel or terminate all this service.
2. We are NOT liable to you or to any third party for any loss or damage caused by the situation in former provisions.

16. Limitation of Liability

1. We are not liable to you or any third party for any loss or damage caused by an error or system malfunction on this service.
2. We will not provide compensation for damages incurred to the you caused by loss of data stored in this service.
3. We are not liable for damages incurred to you caused by information alteration or interception by a third party through the communication channel when using this service.
4. We are not liable for damages incurred directly or non-directly to you when using this service.
5. We are not liable to release updates to fix bugs, provide compatibility with new devices or OS, or to maintain compatibility with old devices or OS.

17. Method of Notification from Us to User

1. In cases where we send notifications to users, the "Notification” feature on this website may be used.
2. If we are requested by the user to respond to inquiries or if legal notice is necessary and the user has specified a contact information such as an email address, then sending information to that email address shall be deemed as notification completion. In other cases, sending information to the "Notification” feature shall be deemed as notification completion.

18. This Terms

1. We reserve the rights to alter a part or all of this terms based on Article 548-4 of Japanese Civil Code without obtaining consent from the user if one of the following is applicable.
   1. If the alteration conforms with general usage by the users.
   2. If the alteration does not contradict the purpose of the contract involved in the use of this service, and that the importance of this alteration and the content after the alteration is appropriate and reasonable compared to the situation that caused this alteration.
2. In the case that we are planning to alter this terms according to the former provisions, we will notify users of the alteration, the contents after alteration, and the date that the alteration becomes effective in the way that we deem most suitable within an ample period of time beforehand.
3. The translated version of this terms is only provided to accommodate users and it has no legal effects. In the case that there is an inconsistency between the Japanese version and the translated version, the Japanese version will be regarded as the official terms of use.

19. Use of the Service by Minors

1. If the user is a minor, the user shall obtain the consent of a legal representative such as a person with parental authority (including consent to these terms of use) before using the service.
2. If a user who was a minor at the time of consenting to these terms of use uses the service after reaching the age of majority, they shall be deemed to have ratified the act of use while a minor.

20. General Legal Terms

1. YOU ARE LIABLE to pay all of the costs and take full responsibility for any disputes between you and another user or between you and a third party. WE ARE NOT LIABLE for any costs or responsibilities.
2. The terms and your relationship with us under the terms are governed by the laws of Japan.
3. When a dispute arises from this term between you and us, that will be submitted to the exclusive jurisdiction by agreement of the courts located in Tokyo, Japan.

Supplement

1. This term is published and empowered at Jun 1, 2011
2. This term is revised and empowered at Mar 26, 2012
3. This term is revised and empowered at Dec 26, 2013
4. This term is revised and empowered at Nov 27, 2015
5. This term is revised and empowered at Jan 19, 2016
6. This term is revised and empowered at Apr 28, 2016
7. This term is revised and empowered at Jul 29, 2016
8. This term is revised and empowered at Dec 1, 2016
9. This term is revised and empowered at Mar 7, 2017
10. This term is revised and empowered at Jul 1, 2017
11. This term is revised and empowered at Jul 6, 2018
12. This term is revised and empowered at Apr 24, 2019
13. This term is revised and empowered at Sep 30, 2019
14. This term is revised and empowered at Dec 7, 2020
15. This term is revised and empowered at Feb 10, 2021
16. This term is revised and empowered at Apr 19, 2021
17. This term is revised and empowered at Jul 13, 2021
18. This term is revised and empowered at Aug 20, 2021
19. This term is revised and empowered at Nov 24, 2021
20. This term is revised and empowered at Dec 15, 2021
21. This term is revised and empowered at Jun 28, 2022
22. This term is revised and empowered at Jul 20, 2022
23. This term is revised and empowered at Mar 1, 2023