Terms of Service
This is a translation provided for convenience. The Japanese version is the authoritative text; if there is any discrepancy between this translation and the Japanese version, the Japanese version prevails. View the Japanese version.
Last updated: 25 August 2026
These Terms of Service (the "Terms") set out the conditions for using the software "VTuber Original Character Maker" and the related services (together, the "Service") provided by 佐藤 大 ("we", "us"). If you use the Service (a "User"), please do so only after agreeing to these Terms.
Article 1 (Definitions)
- "The Software" means the Windows and macOS desktop application we distribute.
- "Points" means the electromagnetic record issued by us that is consumed in order to use the generation features of the Service.
- "Generation Features" means features executed by consuming Points, such as 3D character generation, expression generation, video generation and background image generation.
- "Input Data" means images, text and other data that a User sends to the Service for the Generation Features.
- "Output" means 3D models, images, videos and other data produced by the Generation Features.
Article 2 (Accounts)
- Using the Service requires signing in with a Google account.
- A User must not allow a third party to use their account. Users are responsible for managing their own account.
- Acts performed through an account are deemed to be acts of the User of that account.
- A minor using the Service must obtain the prior consent of a parent or other legal representative. The same applies to purchasing Points.
Article 3 (Points)
3-1 Nature
- Points may be used only to use the Generation Features within the Service.
- Points cannot be exchanged for cash, refunded, transferred to a third party, lent, or inherited.
- Points are not legal tender. Because Points are issued as usable only within six months from the date of issue, they are not subject to the provisions on prepaid payment instruments of the Payment Services Act, under Article 4, item 2 of that Act.
3-2 Expiry
- Points expire 180 days from the day they are granted.
- The expiry period is calculated separately for each grant, each time Points are granted. If you purchase Points more than once, the 180 days are counted separately from each purchase date. A later purchase does not extend the expiry of Points you already hold.
- Unused Points that pass their expiry date lapse. We provide no refund, re-grant or other compensation for lapsed Points.
- We do not automatically refund or re-grant Points that have passed their expiry date.
- Where you hold Points from several grants, they are consumed starting with those expiring soonest. Where the expiry dates are the same, the paid Points defined in 3-3 are consumed first; where the ranking is still equal, the Points granted earlier are consumed first.
3-3 Free Points
- We may grant Points that involve no payment of consideration, for example through campaigns ("Free Points").
- Free Points are managed separately from Points granted through purchase ("Paid Points").
- Where you hold both Paid Points and Free Points with the same expiry date, Paid Points are consumed first. Where the expiry dates differ, Points are consumed starting with those expiring soonest, as set out in 3-2.
- Unless otherwise specified at the time of grant, Free Points expire 180 days from the date of grant, the same as Paid Points.
- Because Free Points are not issued for consideration, they are not prepaid payment instruments under the Payment Services Act.
3-4 Purchase and consumption
- Points can be purchased from the purchase screen inside the Software, using the payment methods we specify.
- The contract is formed when the purchase is completed, and Points are granted immediately. Returns and cancellations for your own convenience are not possible.
- Points are consumed at the point we accept the execution of a Generation Feature.
- If generation fails due to our system, the Points consumed are returned automatically.
- If a payment is refunded or charged back, the Points granted by that payment are cancelled. If they have already been consumed and cannot be fully cancelled, we may claim payment of an equivalent amount from the User.
Article 4 (Input Data)
- Users warrant that they hold the rights they need to the Input Data, or have obtained the necessary permission from the rights holder.
- Users must not send Input Data that falls under any of the following.
- Data that infringes the copyright, trademark or other intellectual property rights of a third party
- Data that infringes a third party's portrait rights, privacy or other rights (including using a photograph of another person's face without their consent)
- Data used for the purpose of impersonating a real person
- Data that violates laws or public order and morals
- If a dispute with a third party arises out of Input Data, the User shall resolve it at their own cost and responsibility, and we bear no liability.
Article 5 (Handling of Output)
- The rights we hold in the Output are assigned or licensed to the User, and the User may use the Output freely, whether commercially or non-commercially. This does not apply to Output based on Input Data that breaches the warranty in Article 4.
- The Generation Features use external generative AI services. The terms of those services may apply to your use of the Output.
- Because of the nature of generative AI, we do not warrant that the Output is unique. Similar or identical Output may be produced for other Users.
- We do not warrant that the Output does not infringe the rights of third parties. Before publishing or commercially using the Output, Users shall check this at their own responsibility as necessary.
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Users may transfer, sell or redistribute the Output to third parties. In that case, the User shall also make clear to that third party the same conditions as the preceding two paragraphs (that we do not warrant the uniqueness of the Output or its non-infringement of third-party rights). No contractual relationship under these Terms arises between us and that third party.
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Whether copyright protection applies to output from generative AI depends on whether, and to what degree, the User made a creative contribution. We do not warrant that copyright in the Output arises for the User. Please take this into account if you sell the Output.
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If an external generative AI service referred to in paragraph 2 changes its terms, the conditions for using Output that has already been produced may also be affected. We may not be able to know of such a change in advance, and we bear no liability for the effect on Users.
Article 6 (Generation Results)
- We make no warranty whatsoever as to the quality, accuracy or usefulness of the Output, or its suitability for the User's expectations.
- Generative AI produces different results even from the same input. You cannot demand the return of consumed Points on the ground that the result was not what you intended.
- The Service includes automatic rigging of 3D models, but depending on the composition of the input image, skeleton estimation may break down. This is a technical limitation and is not a defect.
Article 7 (Local Processing)
Microphone audio used by the streaming features of the Software is processed on the User's own device and is not sent to our servers. See the Privacy Policy for details.
Article 8 (Records of Usage)
In order to investigate faults in the Service, respond to billing enquiries and improve quality, we collect records of operations in the Software and on our servers (start-up and shutdown, success or failure of sign-in, the progress of purchases, the execution and success or failure of Generation Features, error codes, processing times and the like).
These records contain only an account identifier (including the support ID we issue) and the content of the operation; they do not include the text you entered, the Output itself, or your email address. See the Privacy Policy for details of how they are handled.
Article 9 (Prohibited Acts)
In using the Service, Users must not do any of the following.
- Acts that violate laws or public order and morals
- Acts connected with criminal conduct
- Acts that infringe the intellectual property rights, portrait rights, reputation, credit or other rights or interests of us or a third party
- Reverse engineering, decompiling or disassembling the Software (except to the extent permitted by law)
- Unauthorised access to the Service, or obtaining or increasing Points by improper means
- Placing load on the Service beyond what we anticipate, by automated means
- Creating content through the Service that impersonates a real person, so as to mislead third parties
- Any other act that we reasonably judge to be inappropriate
Article 10 (Restriction of Use)
- If we judge that a User has breached the preceding Article, we may restrict use of the Service or suspend the account without prior notice.
- Even if a User suffers loss as a result of the measures in the preceding paragraph, we bear no liability. This does not apply where there was no reasonable ground for our measures.
- If an account is suspended, any unused Points held lapse. This does not apply where there was no reasonable ground for our measures.
Article 11 (Change, Suspension and Termination of the Service)
- We may change the content of the Service, or suspend its provision, without prior notice.
- If we terminate provision of the Service, we will notify Users at least three months before the termination date, by posting on this site or by other means.
- After the notice in the preceding paragraph, we will stop selling new Points.
- How any unused Points remaining at termination will be handled will be announced separately together with the notice of termination.
- The Generation Features of the Service depend on external generative AI services. We may change or discontinue some features if the conditions on which those services are provided change or they are discontinued.
Article 12 (Disclaimer)
- We do not warrant that the Service is free from defects in fact or in law.
- We bear no liability for loss suffered by a User through use of the Service, except where caused by our wilful misconduct or gross negligence.
- Notwithstanding the preceding paragraph, where we are liable in damages, the amount is capped at the amount that User paid to us during the 12 months immediately before the loss arose. This does not apply in the case of our wilful misconduct or gross negligence.
- We bear no liability for disputes arising between a User and a third party.
Article 13 (Changes to these Terms)
- We may change these Terms.
- Where a change conforms to the general interests of Users, or is reasonable in the light of the necessity for the change, the appropriateness of its content and other circumstances, we will make the changed content known by posting it on this site, and it takes effect from the time specified at the time of posting.
- Except in the case of the preceding paragraph, changes to these Terms require the User's consent.
Article 14 (Governing Law and Jurisdiction)
- These Terms are governed by and construed in accordance with Japanese law.
- If a dispute arises in relation to the Service, the district court having jurisdiction over our location shall be the exclusive court of first instance by agreement.
Contact
For enquiries about these Terms, please contact the email address given in the Notice based on the Act on Specified Commercial Transactions.