These Terms of Service set out the terms and conditions of use for "ParamaCraft" (the "Service") provided by fume Inc. (the "Company"). By using the Service, users agree to these Terms.
These Terms apply to all aspects of the relationship between the Company and users regarding use of the Service.
In addition to these Terms, the Company may establish guidelines and other rules, which shall form part of these Terms.
By using the Service, users are deemed to have agreed to these Terms.
The Service is not available to any persons under the 13 years of age.
If a user is a minor, the user shall obtain consent of a parent or legal guardian before using the Service.
If the Company determines that a user does not meet the eligibility requirements, the Company may suspend the user’s access to the Service or take other necessary measures.
Users must provide registration information that is truthful and accurate.
Users are responsible for managing their own account credentials.
The Company shall not be liable for any damages arising from unauthorized use of an account caused by the user's failure to properly manage their account credentials. However, with respect to unauthorized use caused by security deficiencies due to the security failure in the Company's systems, the Company shall be liable only in cases of willful misconduct or gross negligence on the part of the Company.
The Service provides functionality for the generation and download of 3D data through the parametric generation feature provided by the Company.
The Company may modify, add to, or suspend the content of the Service. The Company shall endeavor to notify users with reasonable advance notice (at least 30 days in principle) before suspending the entire Service or any material features thereof. However, this shall not apply in cases of recovery measurement for an urgent security incident, legal requirements, or other unavoidable circumstances.
This Article applies only to the Standard Plan and the Pro Plan (collectively, the "Subscription Plans") and does not apply to the Free Plan.
The Service offers paid subscription plans (the plan structure is set forth in the next Article).
Payments are processed through Stripe, acting as Merchant of Record.
Pricing, payment methods, renewal terms, and refund conditions are governed by the terms displayed at the time of purchase and by Stripe's terms of service.
Subscriptions shall automatically renew under the same terms unless the user completes the prescribed cancellation procedure by the day before the renewal date. The Company shall endeavor to notify users of the renewal date and the fees after renewal by sending a message to the registered email address or by other appropriate means before automatic renewal.
1. The Company offers the following plans for the Service:
2. The Free Plan is provided at no cost, regardless of whether the user is logged in. The Standard Plan and the Pro Plan are paid subscription plans.
3. The features included in each plan, as well as pricing and billing cycle, shall be as set forth on the Service's pricing page.
4. Users may change between plans at any time through the account settings screen. The timing of the change taking effect and any pro-rated calculation shall be as set forth on the pricing page.
5. Use by an organization or by multiple individuals may be provided through a separate bulk agreement with the Company. Please contact our inquiry desk for details.
1. The Company defines the scope within which users may use Generated Data through the Service as the following two types of licenses:
2. The license attached to each plan is as follows:
3. The scope of the Standard License is set forth in Article 10, and the scope of the Commercial Printing License is set forth in Article 11.
1. The Company shall handle users' personal information obtained in connection with the provision of the Service appropriately in accordance with the Privacy Policy separately established by the Company.
2. The Company shall provide users' personal information to payment processors (Stripe, Inc. and its affiliates) for the purpose of processing payments for the Service. The handling of personal information by such payment processors shall be governed by their respective privacy policies.
3. The Company may collect user information through cookies, access logs, and other technical means for the purpose of analyzing and improving the use of the Service. Details are set forth in the Privacy Policy.
1. To the extent that copyright or other intellectual property rights subsist in data generated by users through the parametric generation feature ("Generated Data"), such rights belong to the user who generated such data. The Company does not claim copyright in Generated Data.
2. Users grant the Company a non-exclusive, royalty-free, worldwide license, including the right to sublicense, to use Generated Data solely to the extent necessary for operation of the Service (including technical re-entrustment to infrastructure providers), functional improvement, defect analysis, and the creation and use of anonymized usage statistics.
3. Parameters used in the parametric generation feature (settings and combinations of numerical values used to generate models in the Service; "Parameters") are not themselves subject to the data distribution restrictions under these Terms, and users may freely share or sell Parameters for compensation. The Company is not involved in, and bears no responsibility for, any rights or disputes among users concerning Parameters.
4. All copyrights and other intellectual property rights in templates, sample models, UI assets, and other content provided by the Company through the Service (excluding Generated Data; "Company Materials") belong to the Company or its rightful rights holders.
5. The Company grants users a license to use Company Materials, and to generate, store, and use Generated Data through the parametric generation feature, within the scope of these Terms and the license attached to each plan. With respect to Generated Data, the Company shall not exercise — within the scope of use permitted by these Terms — any rights of adaptation, any rights as the original author of derivative works under Article 28 of the Copyright Act of Japan, or any other rights it holds in works originating from Company Materials.
1. Users shall take care not to infringe the intellectual property rights of third parties (including copyrights, design rights, trademark rights, and other rights) when using the Service.
2. If the Company receives a notice from a third party alleging any infringement by a user, the Company may take necessary measures such as deletion of the relevant Generated Data or suspension of use, in accordance with the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders and other applicable laws.
3. The Company shall not be liable for any damages incurred by users as a result of the measures taken under the preceding paragraph, except in cases of willful misconduct or gross negligence on the part of the Company.
While using the Service, regardless of plan type, users may engage in the following:
Users shall not engage in any of the following, regardless of plan type and including after cancellation of the Service:
1. Users with the Standard License may use Generated Data only within the scope set forth in Article 8 (Common Usage Rights).
2. Users with the Standard License may not use printed output created from Generated Data for any commercial use as defined in Article 11, Paragraph 2.
1. Users with the Commercial Printing License may, in addition to the scope set forth in Article 8 (Common Usage Rights), commercially use printed outputs created from Generated Data downloaded during the period in which they hold the Commercial Printing License.
2. "Commercial use" in this Article includes any act of providing printed outputs to third parties for compensation, with the following examples:
3. There is no limit on sales quantity, sales amount, or sales region for commercial use under this Article.
4. The Company does not require display of its name, brand name, designer name, or other attribution for commercial use under this Article. Users may freely sell and exhibit printed outputs.
5. The prohibition on distribution and resale of Generated Data itself set forth in Article 9 (Common Prohibitions) continues to apply to users with the Commercial Printing License. The Commercial Printing License grants only commercial use of printed outputs (physical fabrication outputs) and does not grant any right to resell or distribute the data itself.
1. Users retain the following rights even after cancellation of the subscription:
2. After cancellation, users may no longer:
3. Article 9 (Common Prohibitions) shall apply permanently, including after cancellation.
4. Users shall retain the Data downloaded prior to cancellation at their own responsibility. The Company shall not provide re-download or any other data recovery service to users after cancellation. The Company bears no liability for the restoration of any lost Data.
1. A user who changes from the Free Plan or the Standard Plan to the Pro Plan may commercially use, within the scope set forth in Article 11, printed outputs created from any Generated Data the user holds, including Generated Data downloaded prior to the change.
2. A user who changes from the Pro Plan to the Free Plan or the Standard Plan may continue to commercially use printed outputs created from Generated Data downloaded prior to the change (see Article 12, Paragraph 1, Item (3)). Use of printed outputs created from Generated Data newly downloaded after the change is permitted only within the scope set forth in Article 10.
Users shall not engage in any of the following:
In the event of a violation, the Company may suspend access, delete the account, or take other necessary measures without prior notice.
1. Users represent that neither they nor any of their other associates constitute organized crime groups, members of organized crime groups, quasi-members of organized crime groups, organized crime group-related companies, corporate extortionists, groups engaging in criminal activities under the pretext of conducting social campaigns, crime groups specialized in intellectual crimes, or any other similar persons or entities (hereinafter referred to as "Anti-Social Forces"), and warrant that this will remain the case in the future.
The Company makes no express or implied warranties regarding completeness, accuracy, usefulness, or fitness for a particular purpose of the Service. However, the Company shall endeavor to provide the Service at a reasonable level.
The Company shall not be liable for any damages arising from system failures, communication failures, force majeure events, or other similar causes.
Except in cases of willful misconduct or gross negligence, the Company's liability shall be limited to the total amount of fees paid by the relevant user during the twelve (12) months preceding the event giving rise to the claim.
Except in cases of willful misconduct or gross negligence, the Company shall not be liable for any indirect, special, or consequential damages, or for any loss of profits.
Where mandatory laws such as the Consumer Contract Act apply, this Article shall be limited to the extent required by such laws.
The Company shall not be responsible for any disputes arising between a user and a third party.
If the Company suffers any damages as a result of such a dispute, the user shall compensate the Company for such damages.
The Company will provide notices to users by sending a message to the registered email address, posting on the website, or by other appropriate means.
Users shall not disclose to any third party any non-public information disclosed by the Company in connection with the Service.
1. Users may delete their account and cancel their subscription by following the prescribed procedures. Rights and duties after cancellation are set forth in Article 12 (Rights and Duties After Cancellation).
2. The Company may immediately terminate the agreement if a user violates these Terms.
3. Even after termination, the provisions of Article 7 (Rights in Generated Data and Company Materials, except Paragraph 2), Article 9 (Common Prohibitions), Article 11, Paragraph 2 (Definition of Commercial Use), Article 12 (Rights and Duties After Cancellation), Article 15 (Exclusion of Anti-Social Forces), Article 16 (Disclaimer), Article 17 (Disputes with Third Parties), Article 19 (Confidentiality), Article 22 (Governing Law and Jurisdiction), and any other provisions that should by their nature survive shall remain in effect.
1. The Company may amend these Terms pursuant to Article 548-4 of the Civil Code of Japan.
2. If the Company intends to amend these Terms, the Company shall notify users of the details of the amendment, the reasons for the amendment, and the effective date by posting on the Service, sending a message to the registered email address, or by other appropriate means at least thirty (30) days prior to the effective date. However, amendments that are in the general interest of users may take effect immediately upon the effective date.
3. If a user uses the Service on or after the effective date of the amendment, the user shall be deemed to have agreed to the amended Terms. Users who do not agree to the amendment may cancel their subscription and delete their account by the effective date.
These Terms shall be governed by and construed in accordance with the laws of Japan.
Any disputes arising in connection with the Service shall be subject to the exclusive jurisdiction of the Fukuoka District Court as the court of first instance.
This English version is provided for the convenience of users. The Japanese version of these Terms is the authoritative version, and in the event of any discrepancy between this English version and the Japanese version, the Japanese version shall prevail.