VisualNovel's Terms of Service - Guiding Your AI Content Creation Experience

1. Overview of the Service

Visual Novel is a platform that allows users to create and play AI chatbots using large language model (LLM) technology. The Service supports user-generated narrative-driven AI chatbot creation experience with AI chatbots.

Key features of the Service include but not limited to:

• AI Chatbot Creation: Users can design and develop their own AI chatbots,including AI-powered narration and characters that dynamically respond to player input.
• AI Chatbot Sharing: Users may publish their AI chatbots to the platform so that other users can play and interact with their content.
• Immersive AI Interaction: In addition to traditional one-to-one AI chat services, Visual Novel offers a unique chat experience with multi-character AI interactions and seamless storytelling based on user input.

By accessing the Service, you acknowledge that the content and interactions within the games are generated through AI and user input.

2. Eligibility and Age Verification

You must be at least 13 years old to use Visual Novel (if you are a resident of the European Union, you must be at least 16 years old). By registering or using the Service, you represent and warrant that you are of legal age to form a binding contract in your jurisdiction. If we suspect that a user is underage, we reserve the right to restrict or terminate access immediately.

3. User Accounts

To create or play games, you must register for an account. You agree to:

• Provide accurate and complete information during registration.
• Maintain the security of your account credentials.
• Accept responsibility for all activities that occur under your account.

You may not share your account with others or use another user’s account without permission.

4. Content Ownership and Licensing

4.1. User-Generated Content and Disclaimer

You retain ownership of any original content you create and upload to the platform ('User Content'). However, by uploading or publishing User Content, you grant Us a worldwide, royalty-free, sublicensable license to use, display, reproduce, distribute, and adapt your content for the purpose of operating and promoting the Service.

We provide a platform for user interaction but do not create, endorse, or verify user-generated content. Users are solely responsible for the content they create, upload, or interact with on this platform. We do not guarantee the accuracy, reliability, or legality of user-submitted content.

This platform may include content generated by users or third parties. We are not responsible for any opinions, advice, statements, or other content provided by third parties. Use such content at your own risk.

4.2. AI-Generated Content

Content generated through AI interactions in the Service (e.g., character dialogue or story progression) may not always align with your original intent. By using the Service, you agree to this collaborative nature of content creation and acknowledge that AI outputs may vary.

4.3. Intellectual Property

All other elements of the Service, including software, design, and proprietary AI technology, are owned by Visual Novel or its licensors and are protected by applicable intellectual property laws. You may not copy, distribute, or create derivative works of these elements without Our prior written consent.

5. Community Guidelines and Rules of Conduct

To ensure a positive environment, you agree to:

• Use the Service only for lawful purposes.
• Refrain from creating or sharing content that is illegal, harmful, offensive, or violates the rights of others.
• Avoid exploiting AI-generated content for abusive, defamatory, or otherwise inappropriate purposes.
• Respect the rights of other users, including their intellectual property and privacy.

We reserve the right to remove or restrict access to content or accounts that violate these rules.

5.1. Community Guidelines

Our community guidelines are essential for fostering a positive experience for all users. By using the Visual Novel Service, you agree to follow these rules along with the applicable laws, the Visual Novel Terms of Service, the Visual Novel Privacy Policy, and all other posted rules. We may take action, including limiting or terminating access, when we are notified of or become aware of potential rule violations. For further information, please refer to our Terms of Service. Please note that these rules may be updated periodically, so we encourage you to check them regularly. Visual Novel is available exclusively to users 13 years and older (if you are a resident of the European Union, you must be at least 16 years old).

• Illegal Activities:

  Do not use the Visual Novel Service to engage in or promote illegal activities, including commercial sexual activity, trafficking, pornography, or any dangerous or illegal acts.

• Malicious Use:

  Do not transmit viruses, malware, or any malicious code. Do not distribute content that harms or interferes with the operation of the Visual Novel Service.

• Hate Speech:

  Do not post or distribute content that promotes hatred or violence toward groups based on their race, ethnicity, religion, disability, gender, age, sexual orientation, gender identity, or veteran status. This includes content that glorifies historical figures or events associated with hate, such as Adolf Hitler, Joseph Stalin, or Pol Pot.

• Misinformation:

  Do not post misinformation that may lead to imminent violence, physical harm, or interfere with political processes.

• Personal and Confidential Information:

  Do not share personal or confidential information of others, such as photos, credit card numbers, account passwords, or private contact information.

• Account Hijacking:

  Do not access another user’s account without permission, or use our service for phishing scams.

• Child Exploitation:

  Do not create or depict characters who are minors, or whose age is ambiguously under 16. This includes 'aged-up' characters from source material originally depicting minors. Realistic or human-like depictions of underage characters are strictly prohibited.

• Spam:

  Do not spam by sending or creating unwanted promotional content or mass solicitation.

• Sexually Explicit Material:

  Do not post real images or overly realistic AI-generated images of individuals, as this can violate privacy rights.

• Imagery of Sexual Activity:

  Avoid depicting explicit sexual activity and stimulation. Implied sexual activity is allowed in appropriate contexts, such as medical, educational, or fictional representations.

• Fetish Content:

  Do not post content that involves acts likely to cause death, dismemberment, cannibalism, or bodily fluids such as feces or urine. Content promoting sexual attraction to non-human animals is prohibited, though fictional species like Pokémon are exempt.

• Beastality:

  Promotion or normalization of sexual attraction to real-life nonhuman animals is prohibited. Fictional species, such as Pokémon, are exempt.

• Non-Consensual Sexually Explicit Material:

  Do not post or threaten to post non-consensual intimate content, including sextortion,revenge porn, or secret recordings of sexualized body parts or private conversations.

• Harassment and Bullying:

  Harassment and bullying are not tolerated, including aggressive insults, threats, stalking,and sharing private information without consent. Report such behavior immediately using the platform’s reporting tools. We strive to create a safe and supportive environment for all users.

• Violence and Threats:

  Do not distribute content that depicts graphic or gratuitous violence. Content that presents a genuine risk of harm or poses a threat to public safety may be removed, and law enforcement may be notified. Threatening others or organizing real-world violence is prohibited.

• Self-Harm:

  We may remove content promoting or encouraging suicide, self-harm, eating disorders, or drug abuse.

• Impersonation or Deceptive Behavior:

  Do not impersonate others or provide false information. Do not post photos of others without permission, create multiple accounts, or solicit payments from users.

• Restricted Goods:

  Do not advertise or attempt transactions involving regulated goods.

• Contests, Promotions, and Solicitations:

  Avoid running unauthorized contests, promotions, or soliciting users for business purposes without permission.

6. Content Moderation, Avatar Moderation, and Reporting

We use both human moderators and automated systems to monitor accounts, characters, and interactions for violations of our Community Guidelines or Terms of Service. We encourage users to report any content or behavior that may violate these rules or make them feel uncomfortable or unsafe. Also:

• Users must ensure avatars do not impersonate real individuals without their consent.
• Avatars should not contain explicit or offensive imagery.
• Our moderation team reviews uploaded avatars for compliance with these guidelines.

We aim to maintain a respectful and safe community. So, if you encounter inappropriate content, you can report it through the in-Service reporting tools or by contacting us at support@visualnovel.com. We reserve the right to moderate or remove content and to suspend or terminate accounts that violate these Terms or applicable laws.

7. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your license to use the Service will end, but Sections that require survival after termination of the Terms for the effective enforcement of these Terms and/or compliance with applicable laws and regulations will survive termination.

8. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided 'as is' without warranties of any kind.
• Visual Novel shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Service, including AI-generated content.

8.1. General Disclaimer

The Service is provided on an 'as is' and 'as available' basis, without warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will meet your expectations or be error-free.

8.2. AI Limitations

You acknowledge and agree that the Service relies on AI technology, which may:

• Generate responses or outputs that are unexpected, inappropriate, or incorrect.
• Produce content that may not fully align with your intent or expectations.
• Evolve over time as the underlying AI models are updated or modified.

You assume full responsibility for any reliance on or use of AI-generated content.

8.3. Exclusion of Certain Damages

To the maximum extent permitted by applicable law, Visual Novel and its officers, directors, employees, affiliates, agents, licensors, and suppliers shall not be liable for any:

• Indirect, incidental, special, punitive, or consequential damages;
• Loss of profits, revenue, data, or business opportunities;
• Damages arising from interruption, suspension, or termination of the Service;
• Claims arising from errors, inaccuracies, or omissions in AI-generated or user-generated content.

8.4. Limitation of Liability

In no event shall Visual Novel’s total cumulative liability to you for any claims arising out of or related to the Service, whether in contract, tort, or otherwise, exceed the greater of:

• The total amount you have paid to Visual Novel in connection with the Service in the 12 months preceding the claim; or
• USD $100.

8.5. User Responsibility

You are solely responsible for:

• The content you input into the Service and any consequences of such input, including AI-generated outputs;
• Ensuring that your use of the Service complies with all applicable laws and regulations;
• Reviewing and moderating any user-generated content you publish through the Service.

8.6. User Indemnification

You agree to indemnify and hold us harmless from any claims, liabilities, damages, or expenses (including attorney fees) arising from:

• Your use of the platform.
• Your violation of these Terms of Service or applicable laws.
• Any content you create, share, or access through the platform.'

8.7. Jurisdictional Exclusions

Some jurisdictions do not allow the exclusion or limitation of certain types of damages or implied warranties. If applicable law does not permit exclusions or limitations outlined in this clause, some or all of these exclusions and limitations may not apply to you, and you may have additional rights under the laws of your jurisdiction.

9. Dispute Resolution

Dispute Resolution by Binding Arbitration

This section affects your legal rights, so please read it carefully.

9.1. Agreement to Arbitrate

You agree that any disputes between you and Visual Novel will be resolved exclusively through binding arbitration, not in court, except for claims that qualify for small claims court. This includes any disputes arising from these Terms, our services, or transactions between us. You waive the right to a jury trial or class action. The arbitration will be conducted by a neutral arbitrator, and the Federal Arbitration Act governs this process.

9.2. Class and Representative Actions Prohibited

You agree that disputes will be handled individually, not as part of a class or representative action. The arbitrator cannot consolidate multiple claims or oversee class actions. Any relief awarded will only benefit the individual claimant and be limited to their specific claims.

9.3. Pre-Arbitration Dispute Resolution

Visual Novel encourages resolving issues amicably. If you have a dispute, contact us first through our support center. If unresolved, the party seeking arbitration must send a written Notice of Dispute to the other party, which must describe the claim and the relief sought. If no resolution occurs within 60 days, arbitration may begin. Settlement offers made during arbitration will not be disclosed until after the arbitrator’s decision.

9.4. Confidentiality

All aspects of the arbitration, including the ruling, will remain confidential.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Korea, without regard to conflict of law principles; provided, however, that if you are a resident of the European Union or the European Economic Area (EEA), the following applies:

10.1. GDPR Compliance

If you are a resident of the European Union (EU) or the European Economic Area (EEA), you are entitled to certain rights under the General Data Protection Regulation 2016/679 (GDPR). These rights include, but are not limited to:

• Right of Access: You have the right to access the personal data we hold about you and to obtain information about how it is processed.
• Right to Rectification: You may request the correction of inaccurate or incomplete personal data.
• Right to Erasure: You may request the deletion of your personal data under certain conditions, such as when it is no longer necessary for the purposes for which it was collected.
• Right to Restrict Processing: You have the right to request the limitation of processing your personal data in specific circumstances.
• Right to Data Portability: You can request a copy of your personal data in a structured, commonly used, and machine-readable format and, where feasible, the transfer of your data to another service provider.
• Right to Object: You can object to the processing of your personal data, including for direct marketing purposes or where processing is based on legitimate interests.
• Right to Withdraw Consent: Where processing is based on your consent, you may withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

To exercise these rights or for inquiries related to GDPR, please contact us at:Email:support@visualnovel.com

We will respond to requests in accordance with GDPR requirements and within the legally required timeframe.

For additional details on how we process your data, including the purposes for which we use it, the lawful bases for processing, and how long we retain your data, please refer to our Privacy Policy

11. Changes to These Terms

We may update these Terms from time to time. Any changes will be effective upon posting on this page with an updated 'Effective Date.' Continued use of the Service constitutes acceptance of the revised Terms.

12. Entire Agreement

This Agreement constitutes the entire agreement between you and Visual Novel regarding your use of the Service and supersedes all prior written or oral agreements between you and Visual Novel.

You may be subject to additional terms and conditions that apply when you use or purchase other services from Visual Novel, which will be provided to you at the time of such use or purchase.

Company Information

• Company Name : GENBLER INC.
• Address: 5955 Rexford Ave Cypress, CA, 90630 USA
• Contact email: support@visualnovel.com