Chia Terms of Service
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
Article 1 (Purpose)
These Terms of Service (hereinafter referred to as “Terms of Service”) set forth terms and conditions applicable to all cloud services (hereinafter referred to as “Service(s)”) provided by Chia Inc. (hereinafter referred to as “Chia”).
Users of the Services (hereinafter referred to as “User(s)”) shall use the Services pursuant to the Terms of Service. If Users do not unconditionally agree to all of the Terms of Service, Users will have no rights to use the Services and should immediately cease all such use.
In addition to the provisions herein, other terms and conditions separately stipulated by Chia, such as Privacy Policy, as well as any other terms and conditions described as “Terms” contained in the website operated by Chia constitute the Terms of Service.
Upon declaring your intent to start using the Service (including signing up, clicking a button to agree to the Terms of Service, showing your intent to use the Service by checking a checkbox, or any other similar acts), you represent and warrant that you are authorized and have full legal right to execute the Terms of Service on behalf of or representing any party agreeing to the Terms of Service (customer) and to bind such customer to the provisions set forth herein.
Article 2 (Definitions)
Unless otherwise provided herein, the terms used in these Terms shall have the meanings set forth below.
- “Services” means cloud services, web services, software, applications, development support services, website creation services, AI-related services, and any services incidental thereto, provided by Chia.
- “User” means any corporation, organization, or individual that uses the Services.
- “User Content” means text, images, videos, logos, materials, data, and other content that a User inputs, uploads, stores, transmits, or links to the Services, to the extent that the User previously owned or otherwise held rights in such content.
- “Public Content” means User Content that the User has made publicly available through the Services, including web pages, text, images, videos, layouts, profiles, store or facility information, product or service information, and other information generally accessible to the public.
- “Non-Public Information” means User Content that has not been made public, business materials, specifications, design information, development data, repository information, internal materials, trade secrets, personal information, and other similar information.
- “Service Components” means software, programs, source code, templates, blocks, designs, layouts, user interfaces, libraries, know-how, and other systems, components, and technical outputs provided or generated by Chia that constitute or are used in connection with the Services.
- “Individual Terms” means terms of service, individual conditions, application forms, specifications, order forms, or other conditions separately established by Chia for specific Services.
- “User Data” means User Content, Public Content, Non-Public Information, usage history, log information, and any other information acquired or processed by Chia in connection with the User’s use of the Services.
Article 3 (Users)
Users include the following:
Customer
“Customer” means an entity or person that has agreed to these Terms of Service and has entered into an agreement with Chia as the principal for use of the Services.
Administrator
“Administrator” means a Customer, or individual User who has the legal right to legally act on behalf of a Customer and performs the following acts representing or on behalf of Customer: (i) making an official registration; (ii) viewing contract terms and payment history; (iii) changing service plans; (iv) changing payment methods; (v) changing Administrator or space owner; (vi) making an application for service termination; or (vii) handling any other matters related to the contract or payment.
Payer
“Payer” means a person in charge of receiving invoices for the Service who was, upon sign-up or through the Service, designated as the Payer for usage fees under the service agreement executed between the Customer and Chia.
Article 4 (Account)
Each User shall be issued one account. To use one account by multiple people is not permitted.
Users shall set their own username and password pursuant to the conditions set forth by Chia (use of strong passwords, such as inclusion of a combination of letters and numbers that are not easy to guess, etc.).
Users are responsible for the management of their own account and the security of the username and password. The User is responsible for all transactions and instructions using the username and password. Chia shall not be liable for any losses or damages caused or alleged to have been caused by unauthorized use of any User account by a third party other than the Users.
Article 5 (Provision of User Information)
Users shall, when signing up for a paid plan of the Service and when requested by Chia for User Information, promptly accommodate such requests and provide Chia with User Information. The User represents and warrants that all User information is accurate and complete at the time of registration and that the User will update User information so that it is at all times current, accurate and complete.
Article 6 (Changes to User Information)
Users shall immediately notify Chia of any changes to the information previously submitted by Users to Chia by contacting Chia, or in any other manner Chia requests.
If Users fail to notify Chia pursuant to the preceding section (including delayed or inaccurate notification), Chia shall not be responsible for any losses or damages caused or alleged to have been caused by User’s failure to update or to provide current, accurate and complete information, including without limitation failed or delayed delivery of communications, notices, invoices, etc. sent by Chia to Users.
Article 7 (Notice and Communication)
Notice and communication between Chia and Users shall be made by email to Chia and to the User at the email address provided at the time of registration.
Any communication from Chia to Users shall be deemed delivered 24 hours after the email was sent.
Article 8 (Prohibited acts)
In using the Services, Users shall not engage in any of the following acts, or any act that may fall under any of the following:
- Acts that violate these Terms;
- Reverse engineering, decompiling, disassembling, hacking, disabling, interfering with, dismantling, modifying, copying, converting, destroying, creating mirror sites of, or engaging in similar acts with respect to all or part of the Services;
- Accessing or acquiring information related to the Services by scraping, crawling, or any other similar means beyond the scope of normal use;
- Issuing a large number of requests to the websites or applications of the Services and imposing an excessive load on the system;
- Allowing any third party other than the User to use the Services;
- Transferring, lending, or selling an account to any third party;
- Using another person’s account or password without authorization;
- Unauthorized access, cracking, or any similar act;
- Acts that violate laws or regulations;
- Acts related to criminal activity;
- Reproducing, copying, duplicating, transferring, extracting, processing, modifying, making transmittable, or otherwise making secondary use of the Services, or lending, selling, redistributing, publicly transmitting, sublicensing, or otherwise allowing any third party to use the Services;
- Infringing copyrights, patents, or other intellectual property rights of Chia or any third party;
- Acts contrary to public order or morals;
- Violent or grotesque expressions;
- Acts deemed socially inappropriate;
- Infringing, or potentially infringing, any third party’s copyrights, trademarks, patents, utility model rights, design rights, portrait rights, publicity rights, privacy, reputation, credit, trade secrets, personal information, or any other rights or interests;
- Inputting, uploading, storing, transmitting, linking, publishing, or distributing through the Services any text, image, video, audio, logo, material, data, link, or other content that violates any third party’s rights or any laws or regulations;
- Inputting, uploading, storing, transmitting, linking, publishing, or distributing through the Services any text, image, video, audio, logo, material, data, link, or other content for which the User does not have the necessary rights, permissions, or lawful authority to handle;
- Defamation, libel, damage to credit, insults, discriminatory expressions, threats, harassment, impersonation, dissemination of false information, or similar acts against Chia, other Users, third parties, or any other persons;
- Inputting, uploading, storing, transmitting, linking, publishing, or distributing personal information, sensitive personal information, confidential information, trade secrets, authentication information, passwords, private keys, API keys, access tokens, or other information requiring careful handling in violation of laws, contracts, or authority;
- Assisting, facilitating, or inducing any of the preceding acts; or
- Any other act that Chia deems inappropriate.
Article 9 (Suspension of use and deletion of account)
Chia reserves the right to terminate any or all parts of the service agreement for the Service with Users (hereinafter referred to as “Service Agreement”), or suspend any or all use of the Service by such Users or delete such Users’ account if such Users falls under any one of the following:
- Information in the User registration contains a false, incomplete or inaccurate statement;
- The User is a minor, an adult ward, a person under curatorship or a person under assistance, and the User has not obtained the consent, etc. of your legal representative, guardian, conservator or assistant;
- Users do not comply with Chia’s request to provide User Information;
- Users engage in any of the prohibited acts;
- Chia determines that the User has violated or is related to a person who has violated a contract with Chia in the past;
- Chia determines that there is uncertainty about the payment of service charges by Users;
- Payment for service charges is declined by the credit card company;
- The Service is not used for 180 days or longer;
- The User’s or Customer’s business license is revoked or suspended by a competent authority;
- Users are suspended from or become incapable of making payments, or any of their bills or checks are dishonored;
- Users or Customer is the subject of a petition for attachment, provisional attachment, provisional disposition or auction of Users’ or Customer’s assets or are subject to a disposition of its assets for failure to pay taxes or other public charges;
- A petition is filed by or against Customer or User for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings or special liquidation proceedings;
- The User’s or Customer’s company is dissolved (except in case of merger) or its business operations are effectively suspended or stopped;
- There is a material negative change in the assets or credit status, which, in Chia’s opinion, may interfere with Users’ performance of their obligations set forth in the Terms of Service or other terms regarding the Service; or
- Any other grounds which, in Chia’s sole discretion, makes it inappropriate to permit the User to continue use of the Service.
In such case, Chia may terminate the User’s or Customer’s access to the Services without any notice or demand, and all liabilities owed by the User or Customer to Chia shall immediately become due and payable without any notice from Chia. The User or Customer shall immediately pay all outstanding liabilities in full.
In no event shall Chia be liable for any damage incurred by Users as a result of the termination of the Service Agreement, suspension of use of Service, or deletion of the account set forth this Section.
Article 10 (Exclusion of transactions with anti-social forces)
Users and Chia each covenant to the other party:
- The covenanting party is, at present, not an organized crime group, organized crime group member, former organized crime group member who ceased to be a member less than 5 years ago, quasi-organized crime group member, company related to an organized crime group, corporate racketeer, group engaging in criminal activities under the pretext of conducting social campaigns, crime group specialized in intellectual crimes, or any other equivalent person or group (hereinafter collectively referred to as “Anti-Social Force(s)”).
- The covenanting party does not fall under any one of the following;
- It has a relationship in which its management is deemed to be controlled by Anti-Social Force;
- It has a relationship in which an Anti-Social Force is effectively involved with its management;
- It has a relationship in which that it makes inappropriate use of an Anti-Social Force with the intention of making an illicit profit for itself, its company or a third party or causing damage to a third party, etc.;
- It has or will have in the future a relationship in which it cooperates or is involved with the maintenance or operation of an Anti-Social Force by providing funding, etc. or convenience; or
- An officer or person effectively involved in management has a socially condemnable relationship with an Anti-Social Force.
- The covenanting party does not engage or does not have a third party engage in any one of the following acts regarding the Service:
- Making demands employing violence
- Making unreasonable demands beyond the scope of its entitlement;
- Using intimidating words or acts, or violence in business transactions;
- Interfering with the operations or damaging the credit of the other party by spreading rumors or by the use of fraudulent means or force; or
- Engaging in any act equivalent to any of the items above.
In case of a breach by Users or Chia of a covenant in the preceding paragraph, the aggrieved party may terminate all or part of the Service Agreement without any notice. In this case, the terminated party shall have no right to make a claim against the other party for any damage incurred as a result of the termination.
In case of a breach by Users of a covenant under paragraph 1, Chia may, in addition to the remedies set forth in the preceding paragraph, terminate future use of the Service and delete the account with respect to such Users. In this case, the provisions of paragraph 3 of the preceding Article shall apply mutatis mutandis.
In the event of a termination of service or deletion of user account by Chia pursuant to the preceding paragraph, Users shall immediately compensate Chia for any damage it incurred.
Article 11 (Types of Service)
There are different types of Service plans; Free plan and Paid plan.
Under the Free plan, some of the features of the Paid plan determined by Chia are available for free.
Under the Free plan, Users may switch to the Paid plan by submitting a request following the instructions by Chia.
This Article 11 is not applicable to “Enterprise Account Page”.
Article 12 (Application and License to Use the Services)
Some of the Service may require installing or downloading the Service application on computers or mobile devices. Chia will separately designate the supported mobile operating systems.
Users shall be liable for communication charges incurred in using the Service from computers or mobile devices.
In no event shall Chia be liable for any damage incurred by Users due to a reduction in transmission speed, communication line failures/accidents, deterioration in the transmission environment, etc. in using the Service from computers or mobile devices. In the event of termination of the Service Agreement, Users shall uninstall the application for the Service from all the computers and mobile devices where it was downloaded.
All trademarks, service marks, logos, and company names used in connection with the Services or Chia’s websites (collectively, “Marks”) are the property of Chia or third parties and shall remain the property of Chia or such third parties. All other content and materials available through the Services or Chia’s websites, including software, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Nothing contained in the Services or Chia’s websites shall be construed as granting, by implication or otherwise, any license or right to use any Mark displayed through the Services or Chia’s websites without the written permission of Chia or the relevant third party that owns such Mark.
Article 13 (Handling of User Data, User Content, and Service Components)
- Chia shall endeavor to implement reasonable and appropriate security measures for data, information, text, images, videos, materials, and other content registered, inputted, uploaded, stored, transmitted, linked, or generated through the Services. However, Users shall be responsible for managing the content, storage, publication scope, sharing scope, and other management of information handled by Users through the Services.
- Users shall retain ownership, copyrights, other intellectual property rights, and all other rights that they previously held in User Content. The use of the Services under these Terms shall not transfer any rights in User Content to Chia.
- Unless otherwise provided in Individual Terms or individual agreements, ownership, copyrights, other intellectual property rights, and all other rights in Service Components shall belong to Chia or third parties that grant licenses to Chia. Users may use Service Components solely for the purpose of using the Services, within the scope set forth in these Terms and any Individual Terms.
- Users grant Chia the right to use, store, reproduce, transmit, display, convert, and otherwise process User Content and User Data to the extent necessary for providing, maintaining, operating, improving, troubleshooting, securing, supporting, performing contractual obligations, and complying with laws in connection with the Services.
- Chia shall not use Users’ Non-Public Information for advertising, promotional, case study, sales material, or other marketing purposes without the User’s consent.
- Notwithstanding the preceding paragraph, Chia may use Public Content to the extent necessary for providing, displaying, distributing, sharing, enabling search, and otherwise operating the functions of the Services.
- Chia may display or use a User’s trade name, name, logo, service name, case study, or other information identifying the User in Chia’s advertisements, promotional materials, sales materials, websites, or other media only where the User separately consents or to the extent set forth in Article 26.
- If a User provides Chia with opinions, requests, suggestions, ideas, or other feedback regarding the Services, Chia may use such feedback free of charge for improving, developing, and operating the Services or other services of Chia. However, if such feedback includes the User’s confidential information, personal information, business materials, specifications, design information, repository information, or other Non-Public Information, Chia shall handle such information in accordance with these Terms and any Individual Terms.
- Users represent and warrant that they have all necessary rights, permissions, and lawful authority to handle User Content inputted, uploaded, stored, transmitted, or linked to the Services. Users shall not input or provide to the Services any content that infringes any third party’s privacy, personal information, trade secrets, portrait rights, copyrights, or other rights.
- Users shall be responsible for setting and managing who may access User Content. However, Chia may access User Content or User Data, or share it with third parties, to the extent necessary under these Terms, any Individual Terms, the Privacy Policy, other rules established by Chia, or applicable laws.
- Chia shall not disclose or provide Users’ Non-Public Information to any third party, except where required by law, where the User has consented, where disclosure or provision is necessary to contractors or external services required for providing the Services, or where necessary to address unauthorized use, failures, security threats, or other matters necessary for the safe operation of the Services.
- Security for User Content, User Data, and other information shall be governed by these Terms, Chia’s Privacy Policy, Information Security Policy, Individual Terms, and other rules separately established by Chia.
Article 14 (Protection of copyrights)
Chia shall respond to any copyright infringement notice that is clear and consistent with the U.S. Digital Millennium Copyright Act.
We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringe another party’s intellectual property rights. When the User is uploading photos, comments, etc. to the Service, the User must be sure to upload content for which the User has the copyright and other rights necessary for uploading. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed upon;
(iii) a description of where the material that you claim is infringing is located on the Services or Chia’s websites;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Services or Chia’s websites can be reached as follows:
Copyright Agent: [email protected]
Chia may request additional information before Chia removes any infringing material, since it is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act(DMCA) requirements have been met. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.
Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
Article 15 (Users’ responsibilities)
Users shall resolve any issues arising from the Service between Users or between Users and third parties at their own responsibility and expense, and in no event shall Chia be liable for any losses or damages arising therefrom in any way.
Any issues arising in connection with information registered or disclosed by Users using the Service shall be such Users’ sole responsibility, and in no event shall Chia be liable for any losses or damages arising therefrom in any way.
Article 16 (Effective Term)
The effective term of the Service Agreement shall commence on the date the User elects the Services and shall continue in effect until the date on which the Services selected by the User end.
Unless otherwise specifically agreed between Chia and Customer, Customer and Users may not cancel the Service Agreement prior to the expiration of the period set forth in this Article.
Article 17 (Temporary suspension and termination)
Chia reserves the right to temporarily terminate or suspend the provision of all or part of the Service without notice to Users if any of the grounds listed below exists:
- Maintenance or renewal of the system, software, server, etc. used to provide the Service;
- Overload of the system for providing the Service or unauthorized access, which in Chia’s opinion poses security risks;
- Difficulty in providing the Service due to fire, blackout, earthquake or other natural disaster;
- Difficulty in providing the Service due to war, uprising, riot, disturbance, labor dispute, etc.; or
- Situations other than those listed above, where a termination or temporary suspension of the provision of the Service is, in Chia’s opinion, warranted for operational or technical reasons.
In no event shall Chia be liable for any losses or damages arising from the cessation or temporary suspension of the provision of the Service set forth in the preceding paragraph.
Article 18 (Changes to the Service)
Chia may make additions, changes or deletions to the Service for its own convenience.
Chia may terminate the provision of the Service for its own convenience. In the event of a termination of the provision of the Service, Chia will make an announcement on Chia’s website thirty (30) days prior to the termination. In the event of such termination of the provision of the Service, notwithstanding Article 19, paragraph 5, Chia shall refund the portion of the service charge already paid that corresponds to the period during which the Service will not be provided, calculated on a prorated daily basis.
Article 19 (Usage charges)
Usage charges shall be based on the price list separately stipulated by Chia.
Usage charges shall be calculated and invoiced to Users by Chia. Depending on the subscription plan chosen, the User authorizes a recurring charge to the User’s credit card or other payment methods Chia otherwise specified, in exchange for use of the Services.
Chia shall provide at least 30 days’ prior notice of changes to service charges. Users are deemed to have accepted such change if they continue using the Service following notification of the price change.
Except as provided in Article 18, paragraph 2, under no circumstances shall Chia refund any payments paid by Users for the Service. In the event of termination of the use of the Service, including switching from a paid plan to a free plan, the service charge shall not be reduced or eliminated, and Users shall remain responsible for paying the service charge until the expiration of the paid plan agreement, regardless of the reason for the termination. Users will not receive any refund for service charges already paid, except in the case of a termination pursuant to Article 18, paragraph 2.
Article 20 (Payment of service charges)
Payment due dates and payment methods for service charges shall be stipulated separately in the price list, displayed online; Chia will notify the User of the due date for the payment of the service charge and the manner to pay it online or by email.
Users shall be responsible for any transfer fees due to financial institutions and any other fees in connection with payment for the service charges.
Users shall immediately notify Chia using the inquiry form provided on Chia’s website if there is any error in the payment, regardless of the payment method chosen among those stipulated in the separate price list. User shall provide notice of an error within 60 days following the payment date; failure to provide such notice shall be deemed acceptance of the payment.
The User is responsible for ensuring that payment is made according to the Terms and that the credit card provided to Chia is current and valid. Chia is not responsible for User’s failure to make timely payment or failure to provide a valid and current credit card for payment.
Article 21 (Assignment of rights and obligations)
Users shall not assign, sublease, sublicense, sell, offer for sale, encumber or otherwise transfer or dispose in whole or in part any of the User’s rights or obligations under these Terms to a third party without Chia’s prior written consent. Chia shall be entitled to assign these Terms or any of its rights under these Terms in its sole discretion.
Article 22 (Privacy and personal information)
Chia shall handle Users’ privacy and personal information in accordance with the Privacy Policy posted on the Website and in effect as of the time such personal information is used.
Article 23 (Confidentiality)
- Chia and Users shall treat as confidential information any non-public technical, business, operational, or other information disclosed by the other party in connection with the Services, where such information is expressly identified as confidential at the time of disclosure.
- Notwithstanding the preceding paragraph, information that is designated as confidential information or equivalent information under Individual Terms or individual agreements shall be treated as confidential information under this Article, regardless of whether it is marked as confidential.
- Neither Chia nor Users shall, without the prior consent of the other party, use confidential information beyond the scope of use, provision, maintenance, support, contractual performance, or other purpose for which such information was disclosed, or disclose or leak such confidential information to any third party.
- Notwithstanding the preceding paragraph, Chia and Users may disclose confidential information to the extent necessary where disclosure is required by laws, courts, administrative agencies, stock exchanges, or other public authorities.
- The following information shall not constitute confidential information:
- Information that was already publicly known at the time of disclosure;
- Information that became publicly known after disclosure through no fault of the receiving party;
- Information that was already lawfully possessed by the receiving party at the time of disclosure;
- Information lawfully obtained from a third party without confidentiality obligations; or
- Information independently developed or obtained without use of the other party’s confidential information.
Article 24 (Disclaimers and Limitation of Liability)
- Chia makes no express or implied warranty that the Services will conform to any particular purpose of the User, have expected functions, commercial value, accuracy, usefulness, completeness, continuity, legality, or non-infringement of third-party rights, or be free from defects, failures, errors, security vulnerabilities, or other defects.
- Users shall use the Services at their own responsibility and represent and warrant that they have all necessary rights, permissions, and lawful authority to handle all text, images, videos, audio, logos, materials, data, links, and any other content that they input, upload, store, transmit, link, publish, or distribute through the Services, and that such content does not violate any third party’s copyrights, trademarks, portrait rights, privacy, reputation, credit, trade secrets, personal information, or any other rights or laws.
- If any dispute, claim, objection, deletion request, request for transmission prevention measures, request for disclosure of sender information, inquiry or guidance from an administrative agency, or any other matter arises with a third party in connection with content inputted, uploaded, stored, transmitted, linked, published, or distributed by a User through the Services, including infringement of rights, defamation, damage to credit, invasion of privacy, improper handling of personal information, copyright infringement, trademark infringement, infringement of portrait rights, infringement of trade secrets, or any other dispute, the User shall resolve such matter at its own responsibility and expense, and Chia shall not be liable for such matter unless caused by Chia’s willful misconduct or gross negligence.
- If Chia incurs any damage, cost, burden, attorney’s fees, investigation costs, deletion response costs, damage to credit, or any other disadvantage as a result of any dispute, claim, objection, deletion request, request for transmission prevention measures, request for disclosure of sender information, inquiry or guidance from an administrative agency, or any other matter described in the preceding paragraph, the User shall, unless caused by Chia’s willful misconduct or gross negligence, indemnify Chia and hold Chia harmless from such damage, cost, burden, or disadvantage.
- Chia shall not be liable for any damage incurred by Users or third parties arising from or related to the content, publication, distribution, sharing, use, management, storage, deletion, backup, rights clearance, legal compliance, or any other act or omission of Users, unless caused by Chia’s willful misconduct or gross negligence.
- Chia shall have no obligation to constantly monitor, pre-screen, verify legality, verify rights clearance, or review the content that Users publish or distribute through the Services. However, if Chia determines it necessary due to laws, orders or requests from courts or administrative agencies, claims from third parties, suspected violation of these Terms, operational necessity for the safe operation of the Services, or any other reason deemed necessary by Chia, Chia may, without prior notice to the User, take necessary measures, including making all or part of such content private, deleting such content, restricting access, taking transmission prevention measures, or suspending accounts.
- Chia shall not be liable for any damage incurred by Users or third parties as a result of measures taken or not taken by Chia pursuant to the preceding paragraph, unless caused by Chia’s willful misconduct or gross negligence.
- Chia shall not be liable for any transaction, communication, dispute, rights infringement, non-conformity, complaint, inquiry, refund, cancellation, provision of goods or services, or any other matter arising between Users, between Users and third parties, or between Users’ end users or other related parties, unless caused by Chia’s willful misconduct or gross negligence.
- Chia shall not be liable for any damage incurred by Users in connection with the use or inability to use the Services, changes to, interruption, suspension, or termination of the Services, loss of data, failure or damage to equipment, communication lines, cloud services, external services, external AI services, payment services, domains, DNS, CDN, hosting environments, or any other services provided by third parties, including failures, suspension, specification changes, usage restrictions, security incidents, unauthorized access by third parties, or any other matter related to the Services, unless caused by Chia’s willful misconduct or gross negligence.
- If Chia is liable to a User for damages, the scope of such liability shall, unless caused by Chia’s willful misconduct or gross negligence, be limited to direct and ordinary damages actually incurred, and Chia shall not be liable for lost profits, loss of business opportunities, damage to credit, loss of data, indirect damages, special damages, incidental damages, consequential damages, or derivative damages.
- If Chia is liable to a User for damages, the maximum amount of such liability shall, unless caused by Chia’s willful misconduct or gross negligence, be limited to the total amount of fees actually paid by the User to Chia for the relevant Service during the one-year period ending on the last day of the month immediately preceding the month in which the event giving rise to such liability occurred.
- With respect to Services provided free of charge, Services provided on a trial basis, Services provided as beta versions, Services provided for evaluation or verification purposes, or functions before official release, Chia shall not be liable for any damages unless caused by Chia’s willful misconduct or gross negligence.
- The provisions of this Article shall apply only to the extent permitted by the Consumer Contract Act and other applicable laws.
Article 25 (AI Functions and Generated Outputs)
- The Services may include functions that use AI, machine learning, natural language processing, image generation, code generation, analysis, summarization, or other similar technologies.
- Text, images, source code, design proposals, summaries, analysis results, and other information generated, proposed, analyzed, or output by AI functions are not guaranteed to be accurate, complete, current, or useful. Users shall review and use such outputs at their own responsibility.
- Chia makes no warranty as to the accuracy, completeness, usefulness, legality, fitness for a particular purpose, non-infringement of third-party rights, or any other matter with respect to outputs from AI functions.
- Users shall not use AI functions for purposes that violate laws, infringe third-party rights, or are otherwise deemed inappropriate by Chia.
- If Individual Terms or individual agreements separately provide for the ownership, usage conditions, third-party licenses, terms of external services, or other treatment of outputs generated by AI functions, such provisions shall prevail.
- Chia may use external AI services, cloud services, development support services, or other external services to the extent necessary for providing the Services. In such case, Chia shall endeavor to implement reasonable security measures according to the nature of the information handled and the nature of the relevant services.
Article 26 (Use of User Trade Names and Other Identifiers)
- Chia may use a User’s trade name, name, trademark, logo, service name, and other information identifying the User for Chia’s marketing, sales, public relations, and other similar purposes, unless otherwise provided in Individual Terms or individual agreements.
- If the User requests, before or after such use, that Chia cease the use described in the preceding paragraph, Chia shall cease such use within a reasonable period. However, this shall not apply to printed materials already distributed, materials already published, information already posted on third-party media, or other materials not reasonably within Chia’s control.
- Chia may disclose or publish, in general terms that do not include the User’s confidential information, Non-Public Information, or personal information, the fact that the User uses the Services, content published using the Services, or measures implemented using the Services.
- This Article shall not be construed as permitting Chia to use the User’s Non-Public Information for marketing purposes without authorization.
Article 27 (Effect of termination of the agreement)
Upon termination of the Service Agreement between Customer and Chia for any reason whatsoever, Users shall lose any and all rights and benefits related to their account used in the Service, and in no event shall Chia be liable for any loss caused thereby.
Article 28 (Change to Terms of Service)
- Chia may amend these Terms if any of the following applies:
- The amendment conforms to the general interests of Users;
- The amendment does not contradict the purpose of the transaction under these Terms and is reasonable in light of the necessity of the amendment, the appropriateness of the amended content, and other circumstances relating to the amendment;
- The amendment is necessary due to laws, guidelines, views of administrative agencies, social conditions, technological environment, the contents of the Services, or operational needs; or
- The amendment corrects typographical errors, organizes wording, ensures consistency among provisions, or otherwise does not disadvantage Users.
- When amending these Terms, Chia shall, depending on the content and nature of the amendment, notify or announce the amended terms and effective date by email to contract administrators, posting on the administration screen of the Services, posting on the Chia website, posting in the announcements section, or any other method designated by Chia.
- If a User uses the Services after the effective date specified in such notice or announcement, the User shall be deemed to have agreed to the amended Terms.
- The amended Terms shall become effective from the effective date specified in such notice or announcement.
Article 29 (Governing law)
The Terms of Service are governed by and construed in accordance with the laws of Japan.
Article 30 (Jurisdiction)
Any disputes, actions or proceedings relating to the Terms of Service are conducted in the Tokyo District Court, and both parties hereto consent to the exclusive jurisdiction of the said court in the first instance.
Article 31 (Language)
If these Terms are prepared in Japanese and English, the Japanese version shall prevail in the event of any inconsistency or discrepancy between the Japanese and English versions.
Article 32 (Severability and Survival)
If any provision of these Terms is held invalid, the validity of the remaining provisions shall not be affected. Even after the Service Agreement terminates, Articles 8, 10, 13, 15, 19, 21, 23, 24, 25, 26, 27, 29, 30, 31, and this Article shall remain in effect.
If you have any questions or concerns regarding these Terms or the Services, or if you wish to provide any notice under these Terms, please contact us at the email address below.
Chia Inc.
Email: [email protected]
Updates:
- Version 1 May 1st, 2021
- Version 2 July 1st, 2021
- Version 3 September 10th, 2021
- Version 4 April 8th, 2023
- Version 4.1 April 14th, 2023
- Version 5 June 5th, 2026