These Terms of Use (“Terms”) set forth the conditions under which users may access and use the services provided by AI AVATAR Inc. (“Company”, “we”, “us”, or “our”) through its application “R10 Ronaldinho Playground” including any related software or functionalities that must be installed for the use of the services (collectively, the “Services”).
Article 1. Definitions
The following terms shall have the meanings defined below:
- “User” refers collectively to all individuals who access or use the Services.
- “Account” means a unique identifier issued by the Company to each User, which is required to access and use the Services.
- “Supplementary Terms” means additional rules established by the Company for specific features of the Services, which may be labeled as “terms,” “guidelines,” or “policies.”
- “Content” includes all content accessible through the Services, such as text, audio, music, images, video, software, code, usernames used in games, and other forms of data.
Article 2. Acceptance of the Terms
Users must agree to these Terms and any applicable Supplementary Terms to use the Services. By accessing or using the Services, Users confirm their acceptance of all such terms.
If the User does not agree to these Terms, the User shall immediately cease downloading, installing, or using the Services and must uninstall any already installed applications.
The Services may only be used on personal devices such as smartphones, tablets, or computers owned and operated by the User.
In the event of any conflict between these Terms and the Supplementary Terms, the latter shall take precedence.
Article 3. Account Registration
Users must register for an Account to begin using the Services. Accounts are non-transferable, non-inheritable, and non-assignable.
Users shall be solely responsible for the accuracy of the information provided during registration, and the Company shall bear no liability for any disputes arising from incorrect or incomplete registration details.
Users must notify the Company immediately in case of suspicion for unauthorized use of the User’s account.
If a User breaches these Terms, the Company may, without notice, delete the Account and all associated data. Upon such deletion, all rights to use the Services shall be terminated.
Article 4. Account Credentials
Users are solely responsible for safeguarding their login credentials. The Company shall not be liable for any damages arising from unauthorized use of a User’s ID or password unless caused by the Company’s willful misconduct or gross negligence.
Article 5. Intellectual Property Rights
All intellectual property and ownership rights in or relating to the Services—including text, images, programs, and all other content—belong to the Company or licensed third parties.
These Terms do not grant Users any rights or interests in such intellectual property unless explicitly stated.
The Company reserves the right to alter any aspect of the Services, including but not limited to specifications, rules, audiovisual content, effects, parameters, and scenarios, without prior notice or consent.
Ronaldinho’s name, image, and digital avatar appear in the App under exclusive license. Unauthorized use is strictly prohibited.
Article 6. Use of User Information
All personal information collected from Users shall be handled in accordance with the Company’s Privacy Policy.
For South American users, we comply with applicable laws including Brazil’s LGPD (Lei Geral de Proteção de Dados) and other regional privacy regulations.
You have rights to access, correct, and request deletion of your personal data as provided by law.
Article 7. Service Modifications and Interruptions
The Company may, at its sole discretion, modify, suspend, or terminate all or part of the Services at any time.
The Company may temporarily suspend the Services to conduct system maintenance and shall not be liable for any damages incurred by Users due to such interruptions.
In the event of termination, all User data, including gameplay data, will be permanently deleted. Paid Services are non-refundable unless required by law.
Article 8. Amendments to Terms
The Company reserves the right to amend these Terms at its discretion. Updates will be announced on the Company’s website, and continued use of the Services after such updates will be deemed as acceptance of the revised Terms.
Article 9. Fees and Charges
Users are responsible for all costs related to devices, internet access, and data transmission required to use the Services.
Article 10. Prohibited Conduct
Users shall not engage in any of the following acts, either within or outside the Services. Furthermore, Users may not encourage, instruct, or coerce third parties to engage in such conduct:
- Violating these Terms or applicable laws; infringing upon the intellectual property or legal rights of the Company or any third party; engaging in or promoting illegal activity.
- Collecting, disclosing, altering, or leaking personal or confidential information of individuals or organizations (including Users themselves) without proper authorization.
- Impersonating the Company, its affiliates, their employees, or any third party, or providing false or misleading information.
- Engaging in profit-oriented activities without the Company’s prior written consent.
- Soliciting or inviting Users to external services within the Services, unless explicitly permitted by the Company.
- Copying, transmitting, transferring, renting, translating, modifying, or combining the Services with other software without authorization.
- Using unauthorized tools, bots, modified devices, or any technical means not provided by the Company to manipulate or affect the Services.
- Using another User’s Account without authorization, holding multiple Accounts, or sharing an Account among multiple individuals.
- Any act deemed by the Company to obstruct the operation of the Services or interfere with other Users’ enjoyment of the Services, or any act likely to cause damage or nuisance.
- Uploading offensive, illegal, or infringing content.
If a User is found to have committed or is likely to commit any prohibited act, or if the Company deems the User’s conduct inappropriate, the Company may take the following measures without any obligation to explain or disclose reasons or duration of such measures, and the User shall not be entitled to dispute such actions:
- Require the User to cease and refrain from repeating the prohibited conduct.
- Confiscate items or impose in-game penalties.
- Suspend access to all or part of the Services.
- Suspend or permanently delete the Account.
- Revoke any rights obtained through prohibited acts.
- Report the conduct to public authorities and disclose relevant facts inside or outside the Services.
The Company may refuse to provide any services, including future access to the Services, to Users whose Accounts have been deleted under this Article. The Company may retain personal information necessary to enforce such measures.
Article 11. Disclaimers and No Warranties
The Company shall not be liable for any temporary or permanent unavailability or termination of the Services due to:
- Natural disasters such as earthquakes, tsunamis, typhoons, lightning, floods; acts of war, terrorism, civil unrest, or labor disputes.
- System maintenance required for the operation of the Services.
- Network congestion or failures of telecommunications providers.
- Any other operational interruptions.
The Company disclaims all liability for damages caused by unauthorized access, malware, or other acts by third parties.
The Company shall not be responsible for any damages resulting from changes or terminations of the Services, deletion of User data, device malfunction, or User’s loss of data. Refunds shall not be issued for personal reasons.
The Company makes no representations regarding the safety or legality of third-party websites or services linked to or promoted through the Services. Users are solely responsible for any disputes arising with such third parties.
The Company shall not be liable for damages caused by the User's use of modified hardware or software or the inability to restore data after device changes or uninstallation of the Services.
The Company makes no guarantees regarding the accuracy, completeness, reliability, usefulness, or availability of any messages, images, or content generated by AI systems in the Services.
Article 12. Termination by User
Upon withdrawing from the Services, the User must immediately fulfill all outstanding obligations to the Company.
This Article also applies to forced Account deletions under Article 11.
Article 13. User Intellectual Property Rights
All intellectual property rights in content uploaded or transmitted by Users shall remain with the User or rightful owner.
Users grant the Company a worldwide, non-exclusive, royalty-free license to use such content for purposes including improvement, promotion, and correction of the Services. Users waive moral rights to the extent permitted by law.
Publicly shared content shall additionally be licensed to the Company on a perpetual, irrevocable, sublicensable, and transferable basis for full use and derivative works.
Article 14. User Image Rights
The handling of portrait rights in content uploaded by Users shall follow the same terms as set forth in Article 13.
Article 15. Indemnification
Users shall indemnify and hold harmless the Company and any third party for damages (including reasonable legal fees) arising from their breach of these Terms.
In the event the Company is held liable for damages due to reasons attributable to it, the Company’s liability shall be limited to the amount paid by the User during the month in which the damages occurred, unless willful misconduct or gross negligence is established.
Article 16. Non-Transferability of Rights
Users shall not assign, transfer, or otherwise dispose of any rights or obligations under these Terms without the Company’s prior written consent.
Article 17. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Japan.
However, if you reside in South America, the mandatory consumer protection and privacy laws of your country of residence will apply to the extent they cannot be waived under contract. In such cases, you may bring disputes in the courts of your country of residence.
For all other Users, and for disputes not subject to mandatory local laws, the Tokyo District Court shall have exclusive jurisdiction in the first instance.