These AI Studio Terms and Conditions of Use (these "Terms and Conditions") set forth the terms and conditions for the use of the AI Studio function (the "Function") provided by Bustneeds Team, between users who use the Function (the "Users") and Bustneeds Team. For avoidance of doubt, these Terms and
Article 1. Definitions
In these Terms and Conditions, the following terms shall have the meanings set forth below:
1.1 "Image(s)" means character images created by Users who use the Function.
Article 2. Application of these Terms and Conditions
2.1 Users shall use the Function and Images in accordance with these Terms and Conditions. Users may not use the Function or Images unless they agree to these Terms and Conditions.
2.2 Bustneeds Team may revise these Terms and Conditions in any of the following cases.
In the foregoing case, Bustneeds Team will make public, by indicating on LINE or Bustneeds Team’s website, or notifying Users according to a method prescribed by Bustneeds Team, to the effect that these Terms and Conditions will be revised, as well as the subject matter and effective date of the revised version of these Terms and Conditions. In the case of Item (2) below, Bustneeds Team will make the revision public a reasonable period before the effective date of the revision. The revised version of these Terms and Conditions shall come into effect from the effective date:
(1) when revision to these Terms and Conditions conforms to the general interests of Users; or
(2) when revision to these Terms and Conditions is not in breach of the purpose of any contract, and is rational in light of the necessity of such revision, appropriateness of the subject matter after revision, and other circumstances concerning the revision.
2.3 The Function can be used by Users who are adults. Users who are minors may only use the Function by obtaining prior consent from their legal representatives such as the persons who have parental authority.
Article 3. Use of the Function
3.1 Users may use the Function to create Images and use the same as their profile images.
3.2 Users shall pay a prescribed fee for creating Images using the Function. Once a User has gone through the process of purchasing an Image, the User may not cancel the purchase; provided, however, that this does not apply to cases where such purchase can be canceled under the laws and regulations.
3.3 The copyright in Images created by Users using the Function shall belong to the Users.
3.4 Users shall be responsible for backing up the data on the Images that they have created.
3.5 If a User is to create an Image using a third party's photo, the User should obtain permission from the right holder of such photo in advance. In such case, Bustneeds Team shall have no involvement in attributing the copyright in the Image.
3.6 Users may not use the Function or Images in order to defame Bustneeds Team or any third parties.
Article 4. Users’ Responsibilities
4.1 Bustneeds Team shall not be responsible for any issues between a User and other User(s) resulting from the use of the Function or Images.
4.2 In using the Function or an Image, if there is a dispute between the User and a third party with respect to the rights to the Image, the User shall, at Bustneeds Team's request, delete the Image that he/she has created, and Bustneeds Team may take action against the User such as to suspend or delete the indication of the Image on the User’s profile, to suspend the use of the Function or the Image, or to suspend or delete the User’s LINE account. Even if the User incurs any damages as a result of such action, Bustneeds Team shall not be liable for such damages.
Article 5. Suspension and Termination of Provision of the Function
Bustneeds Team may suspend or terminate the provision of the Function at any time if Bustneeds Team reasonably determines it to be necessary.
Article 6. No Warranty
The Function automatically creates Images by using AI functions, and Bustneeds Team shall provide no warranty as to the accuracy, completeness or quality of the Images created by using the Function, nor shall Bustneeds Team assume any responsibilities associated therewith.
Article 7. Governing Law and Jurisdiction
If you live in or if the principal place of your business is in the United States of America (“USA”):
7.1 You agree that the laws of California, USA will apply to any disputes arising out of or relating to these Terms or the Service, without giving effect to its choice of law rules. You agree that any legal suit, cause of action or proceeding that may arise out of or relating to these Terms or the Service shall be instituted exclusively in the competent federal or state courts located in California, USA, and you agree to waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.
7.2 Jury Trial & Class Action Waiver. You hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or relating to these Terms or the Service. To the extent permitted by applicable law, you agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.
If you live in or if the principal place of your business is in any country other than USA (including the Republic of Korea):
7.3 You agree that the laws of the Republic of Korea will apply to any disputes arising out of or relating to these Terms or the Service, without giving effect to its choice of law rules. You agree that any legal suit, cause of action or proceeding that may arise out of or relating to these Terms or the Service shall be instituted exclusively in the courts located in the Republic of Korea, and you agree to waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.
Disclaimer: the U.N. Convention on Contracts for the International Sale of Goods is hereby disclaimed.
Date of Establishment: May 1, 2024