Effective Date: March 26, 2025
Last Revised Date: May 2, 2025

These Terms of Service define the conditions for using the illustration production service (hereinafter referred to as "the Service") provided by Fuwamo (hereinafter referred to as "the Creator"). Individuals or corporations (hereinafter referred to as "the Client") using the Service agree to these Terms, which constitute the terms of the usage agreement.

Article 1 (Formation of Contract)

1. The contract for using the Service is established when the Client fills out and agrees to the designated application form specified by the Creator and the Creator accepts it via a document or recorded medium (e.g., email, chat tools, cloud-based communication platforms such as Google Documents). If the Client is unable to complete the application form, an agreement containing equivalent details in a document or recorded medium shall suffice to establish the contract.

2. The application form must clearly state the Client's agreement to these Terms, the content of the production and delivery, and the payment schedule.

3. Depending on the request, the Creator may provide an estimate or a contract document.

4. The Client may apply special provisions only when agreed upon in writing or via a recorded medium with the Creator.

Article 2 (Production and Delivery)

1. The Creator will produce illustrations based on the Client's request and deliver them in the format and by the deadline specified in the application form or an attached document.

2. The data format, resolution, and other specifications of the produced work shall be agreed upon by both the Creator and the Client at the time of application.

3. If there are changes or additions to the request, additional fees and deadline extensions may apply.

4. The Creator may publish the produced work in their portfolio or on social media. The Creator will refrain from publication only if explicitly requested in writing or via a recorded medium by the Client.

Article 3 (Usage License and Prohibited Actions)

1. The Creator grants the Client permission to use the produced work within the agreed scope.

2. The Client is prohibited from using the produced work for the following purposes: (a) Transferring, selling, lending, or redistributing the work to third parties without the Creator's permission. (b) Modifying or making derivative works without the Creator's permission. (c) Using or providing the work for AI training or machine learning datasets. (d) Using the work for purposes that violate public order and morals. (e) Any other actions deemed inappropriate by the Creator.

3. If the Client's activities significantly damage the Creator's reputation or credibility, the Creator may request the cessation of the work’s usage.

Article 4 (Copyright)

1. The copyright of the produced work belongs to the Creator in accordance with Article 17 of the Japanese Copyright Law.

2. If the Client wishes to transfer the copyright, they must enter into a separate agreement with the Creator and negotiate the transfer fee.

3. Unless the copyright is transferred, the Client must appropriately credit the Creator when publishing or using the work on web pages or other media.

Article 5 (Fees, Payment, and Cancellation Policy)

1. The Client must pay the agreed fee using the specified payment method.

2. Cancellations after production has begun are generally not allowed. The Client is responsible for any incurred costs, including labor, tool fees, and transaction fees. However, if the Creator is unable to continue production due to their circumstances, the Client is entitled to a full refund.

3. If payment is not confirmed by the due date specified in the invoice, the Creator may suspend the delivery. If payment remains unpaid for seven consecutive days after the due date, the contract may be terminated.

4. Since the produced work is digital content, returns, exchanges, and refunds are not accepted after delivery, except in cases of serious defects due to the Creator's negligence.

Article 6 (Disclaimers)

1. The Creator is not liable for damages incurred by the Client due to the use of the Service, except in cases of willful misconduct or gross negligence.

2. The Creator is not responsible for the deletion of the produced work due to platform policy changes or account suspensions on social media, video streaming sites, or other web services. If there is a risk of such issues, the Creator may notify the Client, but notification is not guaranteed. In such cases, the Client is required to address the issue and resolve it at their own responsibility.

3. The Creator is not responsible for disputes between the Client and third parties arising from the use of the produced work. The Client must resolve such issues at their own expense.

4. If the Creator is directly responsible for damage to the Client, liability is limited to the amount of fees received. Indirect damages, such as lost profits or opportunity losses, are not covered.

Article 7 (Changes to the Terms of Service)

1. The Creator may change these Terms if: (a) The changes benefit the Client. (b) The changes are reasonable in light of the Service’s purpose, necessity, and other circumstances.

2. When modifying the Terms, the changes and effective date will be announced on the Service's website or sent via email.

3. If the Client continues using the Service after the effective date of the changes, they are deemed to have agreed to the revised Terms.

Article 8 (Notifications and Communication)

1. The Creator and the Client shall communicate via email, chat tools, or other recorded media regarding matters related to the Service.

2. Notifications to the Client are considered effective when sent to the email address or contact information provided at the time of the request.

3. The Client must notify the Creator in advance of any contact changes. If no notification is given, communications sent to the previous contact are considered valid.

4. Even if the Client fails to receive a notification due to their negligence, the notification is considered effective upon sending.

Article 9 (Prohibition of Rights and Obligations Transfer) Neither the Client nor the Creator may transfer, assign, or provide as collateral their rights or obligations under this contract to a third party without prior written consent.

Article 10 (Governing Law and Jurisdiction)

1. This contract assumes that agreements are concluded within Japan and that the work is provided domestically. Accordingly, the contract shall be governed by and interpreted under Japanese law.

2. Even for Clients outside Japan, these Terms apply, and they agree to Japanese law.

3. If foreign laws apply, these Terms take precedence.

4. Any disputes regarding the Service shall be subject to the exclusive jurisdiction of the district court (i.e., the court with general jurisdiction in Japan) or summary court (i.e., the lower court in the Japanese judicial system handling minor disputes) having jurisdiction over the Creator’s place of residence as the court of first instance.

5. The Japanese version of these Terms is the official version. If discrepancies exist in translations, the Japanese version takes precedence.

Article 11 (Other Provisions) For inquiries regarding the Service, please contact the Creator.

Additional Provisions (Usage-specific Terms)

These additional provisions define the usage conditions for works created under the "SNS Icon" and "Streaming Emote" service categories.

Article 1 (Scope of License) The Creator grants the Client a license to use the commissioned works under the following conditions, limited to platforms mutually agreed upon in advance:

1. SNS Icons: The work may be used as a profile icon on the agreed social media platforms.

2. Streaming Emotes: The work may be used as emotes, badges, or stamps on the agreed video streaming platforms.

Article 2 (Commercial Use and Additional Conditions) If the work is used for any of the purposes below, additional fees will apply. The compensation and conditions shall be determined through negotiation based on the usage type, duration, revenue scale, etc., and documented in writing or a recorded medium.

1. Commercial Use: Refers to any act of generating revenue through the use of the produced work. Examples of commercial use include, but are not limited to: (a) Monetized advertising. (b) Paid sales of emotes, stamps, or badges. (c) Revenue from subscriptions, super chats, or sponsorships. (d) Fundraising or income-generating events conducted outside the agreed platforms.

2. Use on Platforms Not Covered by the License: If the Client wishes to use the work on platforms outside the agreed scope, additional permission is required.

3. Secondary Use: Redistribution, modification, or usage of the work in merchandise or publications beyond the agreed scope.

Article 3 (Disclaimers)

1. The Creator bears no responsibility if a platform removes the work due to changes in terms or enforcement actions. The Creator may notify the Client in such cases, but notification is not guaranteed. The Client assumes responsibility for handling such matters.

2. If deletion or usage suspension occurs, the Client shall contact the platform’s operator and resolve the issue at their own responsibility.