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Effective Date: April 2026
Contact Email: [email protected]
KAZAMA INC. (hereinafter referred to as "KusArt", "we", "us", or "our") establishes the following Terms of Service (hereinafter referred to as "these Terms") governing your access to and use of KusArt's services, including our website, applications, AI generation tools, editing tools, community features, subscriptions, credits, and any associated content or features (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
By using KusArt, you affirm that you are at least 18 years old and legally competent to enter into this agreement. The Services are not intended for children or users under the age of 18.
If we become aware that a user under 18 has created an account or used the Services, we may suspend or terminate the account and delete associated data where appropriate.
If you do not agree to these Terms, you must not access or use the Services.
We may update these Terms from time to time. If we make significant changes, we will notify users by posting the updated Terms on our website.
Continued use of the Services after the updated Terms are posted constitutes your acceptance of the revised Terms. The "Last updated" date above indicates when these Terms were last revised.
You agree not to use the Services to create, upload, generate, edit, publish, share, sell, distribute, promote, or otherwise make available content or activity involving:
Violations of these rules may result in immediate suspension or permanent termination of your account and, if necessary, reporting to relevant authorities.
Paid access to the Services does not permit users to bypass safety systems, moderation rules, intellectual property restrictions, payment restrictions, or applicable laws.
KusArt is committed to ensuring our AI generation tools are used safely and responsibly. We have established policies and processes to prevent abuse and provide a clear framework for content moderation.
Our Services are equipped with internal controls, automated filtering mechanisms, keyword filters, image moderation tools, account risk signals, and other safety measures designed to prevent the creation or distribution of content that violates these Terms.
These safeguards apply to AI-generated content, user-uploaded content, prompts, reference images, generated outputs, and community or sharing features where available.
We may block, reject, or limit generation requests that appear to violate these Terms or our safety standards.
We conduct continuous internal monitoring and periodic audits of our AI models and services.
This review process allows us to refine our safety features, address potential vulnerabilities, identify abuse patterns, and ensure our tools align with our acceptable use policies.
We may review user activity, prompts, uploaded content, generated outputs, account behavior, and payment activity where necessary to protect users, the platform, payment partners, or the public.
We provide a clear and accessible channel for users to report any concerns regarding misuse of the Services or content that may violate our policies.
If we detect or reasonably suspect a violation of these Terms, we may take one or more of the following actions:
We may take these actions with or without prior notice when necessary to protect users, KusArt, payment partners, third-party rights holders, or the public.
The Services use artificial intelligence systems to generate, edit, enhance, or transform content based on user inputs, prompts, reference images, uploaded materials, and selected settings.
AI-generated outputs may be inaccurate, unexpected, offensive, similar to existing content, or unsuitable for certain uses.
KusArt does not guarantee that any generated output is unique, non-infringing, accurate, lawful, commercially usable, or suitable for a particular purpose.
You are solely responsible for reviewing, verifying, and determining whether your inputs, prompts, reference images, generated outputs, and use of the Services comply with applicable laws, third-party rights, and platform policies.
You should not rely on the Services as a source of legal, financial, medical, safety, or professional advice.
You, whether a legal or physical entity, retain all rights and ownership of your Content. We do not claim ownership of your Content unless you and KusArt specifically agree otherwise in writing.
For purposes of these Terms, "Content" includes prompts, uploaded images, reference images, text inputs, generated images, edited images, characters, descriptions, and other materials submitted to or generated through the Services.
You represent and warrant that you have all necessary rights, licenses, consents, and permissions to upload, use, generate, edit, publish, or share any content submitted to or created through the Services.
You may not upload or use images, characters, artwork, logos, trademarks, likenesses, private materials, or other content that you do not have the right to use.
KusArt does not verify ownership of all user-submitted content. Users are solely responsible for ensuring that their inputs, prompts, reference images, generated outputs, and use of the Services comply with applicable intellectual property, privacy, and publicity rights.
KusArt does not grant users any rights to third-party intellectual property, including third-party characters, copyrighted works, trademarks, logos, brand assets, celebrity likenesses, or other protected materials that may appear in user inputs or generated outputs.
You retain ownership of the content you generate. However, privacy and display settings may vary depending on your service tier and available product features.
Non-subscriber users may have limited privacy controls. Content generated by non-subscribers is public by default, and KusArt may display it in our official website gallery in the future.
Subscriber users may have access to enhanced privacy controls. Content marked as private through available privacy features will not be intentionally displayed in public galleries or community feeds without permission, except where required for safety, legal, technical, or operational reasons.
We will not knowingly display content that contains personal data, sensitive personal information, private images, or content that we determine may violate privacy, publicity, intellectual property, or safety rights.
Commercial use rights, where available under a paid plan, apply only to outputs generated in compliance with these Terms.
Commercial use rights do not apply to outputs that infringe third-party rights, contain prohibited content, are based on unauthorized inputs, violate applicable laws, or violate these Terms.
KusArt does not grant rights to any third-party intellectual property, characters, trademarks, logos, likenesses, copyrighted materials, or other protected assets included in user inputs or generated outputs.
If you believe that content available through the Services infringes your copyright, you may submit a copyright complaint to us at [email protected] with the following information:
We may remove or restrict access to allegedly infringing content and may terminate accounts of repeat infringers where appropriate.
If you believe your content was removed by mistake, you may contact us at [email protected] with relevant information for review.
Users of our Free Service receive a limited number of daily credits for personal, non-commercial use. Images generated under this tier may include a watermark.
Free credits, trial access, promotional credits, or other free benefits may be changed, limited, revoked, or discontinued at any time at our discretion.
Subscriptions are recurring paid plans that are billed automatically on a monthly or annual basis until cancelled.
Subscriptions may provide users with a monthly allowance of credits and access to premium features, such as watermark-free image generation, enhanced privacy controls, increased usage limits, and eligibility for commercial use rights where available.
Where a subscription plan includes Unlimited Generation, that benefit applies only to Kusa-XL and Kusa-Easy image generation. Other image models, video generation, editing tools, multi-image generation, and other premium operations may continue to require credits unless expressly stated otherwise.
Subscription benefits, limits, pricing, and included features may vary by plan and may be updated from time to time.
Credit Packs are available for one-time purchase. They can be used to supplement monthly subscription credits or for use by non-subscribers.
Credits purchased via Credit Packs do not expire unless otherwise stated at the time of purchase or required by applicable law.
Credits have no cash value, are not legal tender, and may not be transferred, resold, exchanged, or redeemed for money.
Payments for subscriptions and credit packs are generally non-refundable, except where required by applicable law.
Subscription fees are billed in advance on a recurring basis. Users may cancel their subscription at any time, and cancellation will take effect at the end of the current billing period.
Credit packs, generation credits, and consumed credits are non-refundable once purchased or used, unless a refund is required by law or approved by KusArt at its sole discretion.
If you believe you were charged in error or experienced a technical issue that prevented access to paid features, please contact us at [email protected]. We will review refund requests on a case-by-case basis.
We reserve the right to refuse refunds in cases of policy violations, abuse of credits, chargeback abuse, fraudulent activity, or misuse of the Services.
Our Services are intended for lawful AI-assisted creative, image generation, image editing, and related software use only. Payments are collected for access to software features, generation credits, subscriptions, and platform tools.
Users may not use our Services, paid features, subscriptions, credits, or payment system for:
We reserve the right to refuse, cancel, refund, suspend, or restrict any transaction that we reasonably believe violates these Terms, applicable law, card network rules, payment processor requirements, financial partner requirements, or our platform safety policies.
Purchasing a subscription, credit pack, or paid feature does not grant users permission to bypass our safety systems, moderation rules, intellectual property restrictions, payment restrictions, or applicable laws.
Users may not abuse promotions, credits, refunds, chargebacks, payment disputes, or platform billing systems.
We may suspend or terminate accounts, revoke credits, restrict access to paid features, block future purchases, or take other appropriate action if we detect payment fraud, chargeback abuse, refund abuse, stolen payment methods, unauthorized transactions, or other suspicious payment activity.
If you believe a payment was made in error, please contact us at [email protected] before initiating a chargeback or payment dispute so we can investigate and attempt to resolve the issue.
You may not use the Services if you are located in, ordinarily resident in, organized under the laws of, or operating from any country or region subject to comprehensive sanctions, embargoes, or restrictions under applicable law.
You may not use the Services on behalf of, or for the benefit of, any person, organization, or entity that is subject to sanctions, export controls, blocked party lists, or similar restrictions.
We reserve the right to restrict access, block transactions, suspend accounts, or terminate accounts where required to comply with sanctions, export control laws, payment processor requirements, financial partner requirements, or applicable regulations.
KusArt may offer features allowing users to publish or share images within our platform or externally. In the future, KusArt may introduce additional paid features or community interaction tools.
Users with an active subscription may have access to Privacy Mode, which provides enhanced control over their content and prompts.
Prompt Protection: Your prompts will be kept private and will not be visible to other users in the community where Privacy Mode is available and enabled.
Private Content: You can choose to keep your generated images private where Privacy Mode is available. Private content will not be intentionally displayed in public galleries or community feeds.
Non-subscriber users do not have access to all Privacy Mode features. Content generated by non-subscribers may be eligible for display in community galleries, public feeds, promotional areas, or product examples, and prompts may be visible to other users for learning and inspiration purposes, subject to our moderation and platform policies.
By using our sharing or publishing tools, you grant KusArt a non-exclusive, worldwide, royalty-free license to display, host, reproduce, and distribute your shared content within the community areas of our platform and related promotional surfaces, subject to available privacy settings and applicable law.
You are responsible for ensuring that any content you share does not violate these Terms, applicable law, or third-party rights.
The Services may include or rely on third-party services, including payment processors, hosting providers, analytics providers, AI infrastructure providers, authentication providers, or other service providers.
Your use of third-party services may be subject to additional terms, policies, or fees imposed by those third parties.
KusArt is not responsible for third-party services, third-party websites, third-party content, or third-party policies, except as required by applicable law.
We may modify, suspend, discontinue, or limit any part of the Services at any time, including features, models, tools, pricing, credit systems, subscription benefits, usage limits, community features, or availability of generated content.
We do not guarantee that any specific feature, AI model, output style, generation result, or service level will remain available indefinitely.
We may impose usage limits, rate limits, safety limits, or technical restrictions to protect the Services, prevent abuse, or comply with legal or payment processor requirements.
We reserve the right to suspend or terminate your access to the Services at our discretion if you violate these Terms, create risk or possible legal exposure for us, or for any other reason, with or without notice.
Upon termination, your right to access or use the Services will immediately cease. We may delete, restrict, or retain account data and content as reasonably necessary for legal, safety, security, fraud prevention, billing, or operational purposes.
Termination does not limit our right to pursue any remedies available under these Terms or applicable law.
The Services are provided on an "AS IS" and "AS AVAILABLE" basis.
KusArt does not guarantee that the Services will be uninterrupted, secure, or error-free.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and reliability.
We do not guarantee that AI-generated content will meet your expectations, be free from errors, be unique, be commercially usable, or be free from third-party rights claims.
You use the Services and any generated outputs at your own risk.
To the fullest extent permitted by law, KusArt and its affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of data, loss of profits, loss of business, loss of goodwill, or loss of content, arising out of or relating to your use of or inability to use the Services.
To the fullest extent permitted by law, KusArt's total liability for any claim arising out of or relating to the Services or these Terms shall not exceed the amount you paid to KusArt for the Services in the twelve months preceding the event giving rise to the claim, or one hundred U.S. dollars (US$100), whichever is greater.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless KusArt, its affiliates, officers, directors, employees, contractors, agents, service providers, and partners from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
We reserve the right to control the defense of any matter subject to indemnification, and you agree to cooperate with us in such defense.
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of laws principles.
To the extent a more specific jurisdiction is required, these Terms shall be governed by the laws of the State of Delaware, United States, without regard to conflict of laws principles, unless applicable consumer protection laws require otherwise.
If you have any questions or concerns about these Terms, please contact us at:
Email: [email protected]
KAZAMA INC.: 2810 North Church Street, PMB 747006, Wilmington, DE 19802 US