Terms of Use

These Terms of Use (“Terms”) set the conditions for using SKAEL (the “Service”), provided by DAYO GROUP Inc. (“we”, “us”). By using the Service, you (“User”) agree to these Terms. The AI & Hosting Use Policy forms part of these Terms.

1. The Service

The Service lets you create, edit, publish and run websites and applications (“Sites”) with AI, following your instructions.

2. Accounts

1. You must register with accurate information.
2. You are responsible for keeping your login details safe and must not let anyone else use your account.
3. A workspace owner is also responsible for use by the members they invite.

3. Fees and payment

1. Paid plans and AI credits cost what the pricing page shows. Prices are in US dollars; customers in Japan are charged Japanese consumption tax on top. The final amount, including currency and tax, is shown before you pay.
2. Paid plans renew automatically at the end of each term until cancelled, and are charged to your registered payment method. Your next renewal date and amount are shown in your settings.
3. We will give at least 30 days’ notice, in the Service or by email, before changing a price. New prices apply from the first renewal after the change takes effect.

4. AI credits

1. AI credits are a right to use the Service’s AI features. They are not money or a prepaid payment instrument.
2. AI credits included in a plan are granted on each monthly renewal date and do not carry over. Credits granted in campaigns expire as stated for that campaign.
3. AI credits cannot be transferred, exchanged for cash or refunded.
4. The number of AI credits one use of an AI feature consumes (the “consumption rate”) depends on the AI model, the amount of processing and the feature, and is shown on the pricing page or elsewhere in the Service.
5. For reasonable grounds, such as changes in an AI provider’s prices or specifications or in processing load, we may change the consumption rates, the AI models available, usage limits and the features covered, for future use. We will give notice in the Service or by email before a change that is materially unfavourable to you takes effect, and will take reasonable transitional measures for AI credits you have already bought.

5. Cancellation and refunds

1. You can cancel a paid plan at any time. Cancellation takes effect at the end of the current term.
2. Fees already paid are not refunded, including when you cancel part-way through a term, except:
   • where the law requires a refund;
   • where we could not provide the Service for reasons attributable to us; or
   • where we charged you a wrong or duplicate amount by mistake.

6. Your content

1. Content you enter or upload to the Service belongs to you or its rightful owner.
2. Rights in text, code, images and other output generated in the Service (“Output”) are determined by the applicable law and any third-party licences. We do not assert against you any rights we may hold in the Output.
3. You let us store, copy and process your content and Output (together, “User Content”) as needed to provide, maintain and improve the Service.
4. You warrant that your User Content does not infringe anyone’s rights or break any law.
5. You can export your Sites’ source code and data at any time.

7. AI output

1. Output is generated automatically by AI. We do not guarantee that it is accurate, complete or original, that it does not infringe third-party rights, that it is free of security vulnerabilities, or that it is fit for any particular or commercial purpose.
2. Before publishing or using Output, you are responsible for checking its content, its security, and its compliance with third-party rights and open-source licences.

8. Responsibility for published Sites

1. You are the operator of the Sites you publish with the Service. If a Site sells goods or services, or collects visitors’ personal data, you are responsible for complying with the applicable laws (consumer protection, personal data, e-commerce and similar laws of the countries concerned).
2. On your published Sites, you must provide the privacy notices required by law, obtain the consents required by law, and offer a point of contact.
3. We store and process published Sites’ data on your behalf and fulfil our own legal obligations as the party doing so.

9. Prohibited conduct

You must not:

1. break the law or public order, or do anything connected with a crime;
2. infringe anyone’s intellectual property, privacy, reputation or other rights;
3. create or publish phishing, malware, fraudulent shops or other abusive Sites;
4. overload our servers or network, access them without authorisation, or reverse-engineer the Service;
5. impersonate anyone, or buy, sell or lend accounts;
6. claim free offers or campaign benefits more than once by improper means;
7. use the Service in a way the AI & Hosting Use Policy prohibits; or
8. do anything else we reasonably judge inappropriate.

10. Restriction and suspension

1. If you break these Terms, or if we cannot confirm your payment, we may unpublish your Sites, suspend your account or take other necessary measures without prior notice.
2. Even before a breach is established, if we have reasonable grounds to suspect abuse, an attack or a security threat, we may restrict features, temporarily take Sites offline or take other interim measures, to the extent needed to prevent harm.
3. When we take a measure under this article, we will tell you the reason and how to restore access as soon as we reasonably can. You can object through Support; we will review your objection and decide whether to keep or lift the measure.

11. Changes, interruptions and ending the Service

1. We may change the Service, or interrupt it temporarily for maintenance, faults and similar reasons.
2. When an external provider of AI models, payments, DNS, cloud or similar services changes its specifications, fails or ends its service, we may provide an alternative, or change or limit features. We will give reasonable advance notice of important changes.
3. If we end the Service, we will give at least 60 days’ notice and a period during which you can export your data.

12. Disclaimer and limitation of liability

1. We do not guarantee that the Service is free of factual or legal defects.
2. Where we are liable to you for damages, our liability is limited to direct and ordinary damages actually incurred, and does not cover lost profits, loss of data, business interruption or other indirect or special damages.
3. Our liability under the previous paragraph is capped at:
   • for a business User (a company or anyone using the Service for business): the total fees that User paid us in the 3 months before the damage occurred;
   • for a consumer User: the total fees that User paid us in the 12 months before the damage occurred.
4. The two previous paragraphs do not apply to damage caused by our wilful misconduct or gross negligence, or to the extent the applicable law does not allow liability to be limited.

13. Personal data

We handle your personal data under our Privacy Policy.

14. Questions and complaints

Send questions and complaints through Support. We aim to reply within 5 business days.

15. Changes to these Terms

1. We may change these Terms in accordance with the Japanese Civil Code provisions on standard terms and other applicable law.
2. Before a change takes effect, we will announce its content and effective date in the Service, and notify you of important changes by email as well. Where the law requires your consent to a change, we will ask for it separately.
3. We keep previous versions of these Terms and will provide them on request.

16. Governing law and jurisdiction

These Terms are governed by the laws of Japan. The Tokyo District Court has exclusive jurisdiction in the first instance, except where mandatory laws of a consumer User’s country of residence apply.