1.1. Thank you for choosing AlmaSan, a generative AI platform by CLIMT Inc. ("CLIMT," "we," "us," or "our") that creates comics via chat. These Terms of Service ("Terms") govern your access to and use of the AlmaSan website, application, and related services (collectively, the "Service"). By creating an account or otherwise using the Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree, you must not use AlmaSan.
1.2. Please read these Terms carefully. They include important provisions such as ownership of content, copyright policy, community guidelines, warranty disclaimers, limitations of liability, and requirements under relevant laws. They also contain a binding arbitration clause and waiver of class actions that affect your rights for dispute resolution. Separate policies (e.g., Privacy Policy, AI Disclosure, and Billing & Subscription Terms) address other aspects and are available on our website, but are not part of these Terms.
You must be at least 13 years old (or the minimum age in your country to consent to digital services) to use AlmaSan. If you are an EU resident, you must be at least 16 years old due to regional regulations. Persons under these ages are not permitted to use or access the Service. If you are under 18 (or under the age of majority where you live), you may only use AlmaSan under the supervision and with the consent of a parent or legal guardian. By using and registering for AlmaSan, you represent that you meet the applicable minimum age requirement and, if a minor, that your parent or guardian has reviewed and agreed to these Terms.
To access AlmaSan's features, you must create an account with truthful, accurate, and complete information. You agree to provide and maintain accurate registration information and to update it promptly if it changes. Each user may create only one account, and accounts are non-transferable. If you create an account on behalf of an organization or another person, you represent that you have authority to bind that entity to these Terms.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Do not share your account or password with anyone. If you suspect any unauthorized use of your account or security breach, you must notify us immediately. We are not liable for any loss or damage arising from your failure to secure your account. We may require you to change your password or suspend your account if we believe it is unsecure or being misused.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Do not share your account or password with anyone. If you suspect any unauthorized use of your account or security breach, you must notify us immediately. We are not liable for any loss or damage arising from your failure to secure your account. We may require you to change your password or suspend your account if we believe it is unsecure or being misused.
Subject to your compliance with these Terms, CLIMT grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use AlmaSan and its Service for your own personal, non-commercial purposes. This license is provided solely for you to interact with the generative AI and create comic content for personal entertainment and lawful uses. You may not use the Service for any commercial purpose unless you have our express prior written permission.
Except as expressly permitted by CLIMT, you shall not:
3.2.a. copy, modify, distribute, sell, or lease any part of the Service or its software.
3.2.b. reverse engineer, decompile, or attempt to extract the source code of the Service or underlying algorithms, except to the extent such restriction is prohibited by law.
3.2.c. use the Service to build a competing product or service, or to develop or train other artificial intelligence models.
3.2.d. remove or alter any proprietary notices or marks on the Service, or:
3.2.e. use any robot, spider, scraper, or automated means to access or extract data from the Service.
3.2.f. All rights not expressly granted to you are reserved by CLIMT and its licensors.
We may, from time to time, develop patches, bug fixes, updates, upgrades or other modifications to improve or enhance the Service. We reserve the right to deploy and install such updates automatically to your device or account, and to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that CLIMT shall not be liable to you or any third party for any such modification, suspension, or discontinuance of the Service. Your continued use of the Service after any update or change constitutes your acceptance of the Service as modified.
The Service (including all software, code, content, interfaces, and documentation) is owned by CLIMT and protected by intellectual property laws. Except for the limited use rights granted above, CLIMT retains all right, title, and interest in and to the Service and all associated intellectual property. Using the Service does not grant you any ownership of any content, code, data or materials you access on the platform.
"User Content" means any text, images, graphics, characters, dialogue, or other materials that you input, submit, upload, post, or otherwise provide to AlmaSan. This includes the prompts or instructions you give to the AI, any custom characters or settings you create, and any feedback or posts you share on the Service. You retain any ownership rights you have in the original content you submit to the Service. CLIMT does not claim ownership over your User Content; however, by submitting User Content, you grant us certain rights to use it as described below.
By submitting or creating User Content on AlmaSan, you hereby grant CLIMT and our affiliates a worldwide, royalty-free, sublicensable, transferable license to use, host, store, reproduce, modify, create derivative works from, publicly display, and distribute your User Content for the purpose of operating, providing, and improving the Service. This license enables, for example, us to process your prompts to generate comics, to display your created comics or characters to you (and, if you choose, to other users), to adapt or moderate your submissions in accordance with our policies, and to use contributions (such as feedback) to refine our algorithms. We will not use your User Content for any marketing or publicity purposes without further permission from you. You represent and warrant that you have all necessary rights to grant this license for any content you provide.
You are solely responsible for the legality, reliability, and appropriateness of your User Content. You agree that you will not submit any User Content that:
4.3.a. infringes, misappropriates, or violates any person's copyright, trademark, trade secret, privacy, publicity, or other personal or proprietary rights.
4.3.b. is defamatory, false, or misleading.
4.3.c. is obscene, pornographic, indecent, or otherwise objectionable (for example, pornographic content is strictly prohibited by our Terms)
4.3.d. exploits or harms minors in any way (for example, any content that constitutes sexual exploitation or abuse of a minor is forbidden); or
4.3.e. violates any law or regulation (including content that is unlawful, harassing, hateful, or encourages illegal activity).
4.3.f. You acknowledge that you are responsible for any consequences (including legal liability) arising from User Content that you provide.
We are not obligated to monitor User Content, and we do not pre-screen content before it is generated or displayed via the Service. However, we reserve the right (but do not assume the obligation) to review, screen, delete, or remove any User Content at any time, at our sole discretion, especially if we believe it violates these Terms or our Community Guidelines, or is otherwise harmful to the Service or other users. You understand that when using AlmaSan, you may be exposed to content from a variety of sources, and CLIMT is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. You agree to use caution and common sense when interacting with content through the Service.
If you provide us with any suggestions, ideas, reports, or other feedback about AlmaSan ("Feedback"), you acknowledge that such Feedback is given voluntarily and we are free to use, disclose, and otherwise exploit it without any obligation or compensation to you. Any improvements or modifications to the Service based on your Feedback are solely owned by CLIMT.
AlmaSan produces comic content ("Output") in response to your inputs using generative artificial intelligence technology. You understand and agree that all Output is automatically generated by an AI system based on probabilistic algorithms and is not reviewed or moderated by any person prior to being delivered to you. CLIMT does not guarantee the accuracy, quality, or appropriateness of any Output. The Output may occasionally be incorrect, biased, fictitious, or offensive, and it may not reflect reality or CLIMT's beliefs. By using the Service, you accept that any content generated is at your own risk and discretion. You should not rely on Output as factual or professional advice, and you agree to evaluate and verify any Output as you see fit before using or acting on it.
All rights, title, and interest in and to the Output generated by AlmaSan are owned by CLIMT. As the provider of the creative algorithm and Service, CLIMT retains full intellectual property rights over any images, text, or comic content produced by the AI through the Service. To the extent any Output is subject to copyright or other IP protection, such rights are hereby reserved by CLIMT. You receive no ownership rights in the Output. You acknowledge that, as a user, you may not own intellectual property rights to the AI-generated content, and that CLIMT may use or reuse similar outputs for its own purposes (including improving the AI model). Furthermore, due to the nature of generative AI, similar or identical outputs might be produced for other users; you have no exclusive rights to any particular Output, and our retention of rights in one user's Output does not prevent us from allowing similar content to be generated for another user.
CLIMT grants you a limited, revocable license to use, display, and share the AI-generated Output for your personal, non-commercial use only. This means you may, for example, share a comic strip generated for you on social media for fun, or save it for your own enjoyment. However, you may not use any Output for commercial purposes - such as selling the comic, monetizing it, or using it in advertising - without obtaining explicit written permission from CLIMT. You also may not remove any watermarks or attributions that AlmaSan may include in the Output, nor falsely claim that the Output was created by a human or by you. If you wish to commercially exploit any content generated by AlmaSan, please contact us to discuss obtaining a commercial license. Any unauthorized commercial use of AlmaSan's Output is a violation of these Terms and may result in account termination and legal action.
Output content is fully automated and provided for creative and entertainment purposes. It does not reflect our views or endorsements. We do not endorse any opinions, advice, or statements presented in the AI-generated comics. CLIMT is not responsible for any third-party content that the AI may reproduce or reference in Output. You agree not to represent any Output as being created or endorsed by CLIMT or any human unless clearly indicating it is AI-generated. You also agree not to use Output in any way that violates the rights of others or any law (for example, using an AI-generated image that happens to resemble a copyrighted character or real person in a way that infringes their rights). If you believe that any Output infringes your or someone else's rights (including copyright), please follow the DMCA Takedown process outlined in Section 7 below so we can review and address the content.
6.1. We strive to maintain AlmaSan as a safe, respectful, and creative platform for all users. By using the Service, you agree to abide by the following Community Guidelines and not to misuse the Service. In using AlmaSan, you may not engage in any activity or transmit any content that:
You will not use the Service for any illegal purposes or in furtherance of illegal activities. This includes not using AlmaSan to create or distribute content that is unlawful (for example, incitement to violence or criminal instructions), that infringes anyone's intellectual property or privacy rights, or that violates any export control or sanctions laws. You may not attempt to circumvent any content restrictions or security measures we have in place, nor use AlmaSan to engage in fraud, phishing, or other harmful conduct.
You shall not use AlmaSan to generate or share content that is harmful, threatening, harassing, defamatory, or encourages harm. This includes content that advocates hatred or violence against individuals or groups, or that contains hate speech or discriminatory remarks. Personal attacks, bullying, and harassment of any kind are forbidden. You also agree not to use the Service to impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
Do not use AlmaSan to create pornographic or sexually explicit material. Pornographic content is against our Terms of Service. Any content that depicts sexual activities, nudity intended for arousal, or fetish content is prohibited. Sexual content involving minors is strictly prohibited, including any content that even suggests the sexual exploitation or abuse of a minor. Additionally, you may not use the Service to generate excessively graphic, violent content or gore, unless such violence is moderate and contextually justified (for example, comic-book action scenes) and does not cross into gratuitous brutality. We reserve the right to determine what constitutes "explicit" or inappropriate content on a case-by-case basis.
Content that promotes or depicts suicide, self-harm, or mental health disorders in a way that is encouraging harmful behavior is not allowed. Likewise, content that exploits tragedies or sensitive events, or glorifies extremist ideologies or organizations, is forbidden. AlmaSan should not be used to generate propaganda or content intended to radicalize or recruit for extremist causes.
You will not engage in spamming, advertising, or solicitation using the Service. Do not use AlmaSan to transmit any malware, viruses, or other malicious code. You must not attempt to interfere with the normal operation of the Service or any other user's use of the Service (for example, by flooding the system with excessive requests or using bots to overwhelm the Service's capacity). Automated use of the Service, or use that imposes an unreasonable load on our infrastructure, is not permitted. We also ask that you refrain from sharing personal identifiable information (whether your own or others') in prompts or outputs, as the Service is not intended to handle sensitive personal data.
Violating any of these Community Guidelines may result in content removal, warnings, or immediate suspension or termination of your account, at our sole discretion. We may also filter or block content (including prompts or outputs) that we determine violates our policies using automated systems. Repeated or egregious violations can lead to a permanent ban from the Service. CLIMT reserves the right to report any behavior that involves criminal activity or threats of harm to the appropriate law enforcement authorities.
If you encounter content or a user that you believe violates these Community Guidelines or otherwise creates a risk of harm or legal violation, please report it to us through the mechanisms provided (such as a "Report" button or via our support email). We will review reports and take action as necessary. However, understand that we might not mediate personal disputes or content that, while perhaps offensive, does not clearly violate a specific guideline.
You agree to cooperate with any investigation of CLIMT into allegations that you have violated these Terms or any applicable law. This may include providing information related to your use of the Service and your User Content. Failure to cooperate or provide truthful information is itself a breach of these Terms.
All content and materials provided on or through the Service (excluding User Content and AI Outputs, which are addressed separately above) - including but not limited to the AlmaSan name and logo, the design, selection, and arrangement of our website and app, and all software, text, graphics, images, and other content - are the property of CLIMT or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, or display any CLIMT trademarks (such as the name AlmaSan, the CLIMT company name, logos, or branding) without our prior written consent. Likewise, you must not remove or obscure any copyright or trademark notices on the Service.
Except for the limited license to use the Service and the license to your User Content granted in these Terms, nothing in these Terms transfers any intellectual property or proprietary right to you. You agree not to use any of CLIMT's protected content (including outputs owned by CLIMT) in any manner not authorized by these Terms. Unauthorized use of any CLIMT intellectual property is strictly prohibited and may result in termination of your rights to use the Service and legal action.
AlmaSan's generative AI may occasionally output content (such as images or names) that relate to third-party works or characters. CLIMT does not claim any rights in third-party intellectual property that might appear in generated content, and all such rights remain with their respective owners. We make no representations that use of Output is free of third-party claims. If you choose to use or share any Output, you are responsible for ensuring that your use complies with any applicable copyright or other IP laws. For example, if AlmaSan generates an image similar to a famous comic character or an artwork, you should avoid using it in a way that would infringe the original rights. If you believe the Service has generated content that infringes your copyright or trademark, please notify us as described in the next section.
8.1. CLIMT respects intellectual property rights and expects users of AlmaSan to do the same. It is our policy, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws, to respond promptly to claims of copyright infringement. We will remove or disable access to material that we believe in good faith to be infringing, and will terminate the accounts of repeat infringers in appropriate circumstances.
If you are a copyright owner (or an agent of a copyright owner) and believe that any content available through the Service (including any AI-generated Output or User Content) infringes your copyright, please send a written takedown notice to our designated Copyright Agent by email at [email protected]. Your notice must include all of the following information, pursuant to 17 U.S.C. § 512(c)(3):
8.2.a. Identification of the copyrighted work that you claim has been infringed. If multiple works are infringed, you may provide a representative list.
8.2.b. Identification of the material that is claimed to be infringing and that you request to be removed or access disabled, including information reasonably sufficient to permit us to locate the material (for example, a URL or screenshot of the content on AlmaSan).
8.2.b. Your contact information - including your full name, mailing address, telephone number, and email address - to allow us to contact you if needed.
8.2.c. A statement by you, under good-faith belief, that the identified use of the material is not authorized by the copyright owner, its agent, or the law.
8.2.d. Your physical or electronic signature. (Typing your full name at the end of your notice can suffice as an electronic signature.)
8.2.e. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
8.2.f. Please note that under the DMCA, if you knowingly misrepresent that material or activity is infringing, you may be liable for damages, including costs and attorney's fees. We therefore advise you to ensure that the content in question is indeed unauthorized before filing a notice.
If we remove or disable content you have posted or that was generated for you in response to a DMCA notice, we will make a good-faith attempt to notify you. If you believe your content was removed by mistake or misidentification, you may send us a written counter-notice. Your counter-notice must include:
8.3.a. identification of the material that was removed and where it appeared before removal;
8.3.b. a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification;
8.3.c. your contact information;
8.3.d. a statement that you consent to the jurisdiction of the Federal District Court in the judicial district of your address, or if overseas, to the jurisdiction of the courts in Tokyo, Japan (or another appropriate forum), and that you will accept service of process from the person who filed the original DMCA notice or their agent; and
8.3.e. your physical or electronic signature. If we receive a valid counter-notice, we may reinstate the content in question in accordance with the DMCA's procedures (unless the original claimant files a court action within 10 business days).
In accordance with the DMCA and other applicable law, CLIMT will, in appropriate circumstances, terminate accounts of users who are deemed repeat infringers. We consider a "repeat infringer" to be a user who has been the subject of multiple valid takedown requests that were not successfully countered. We also reserve the right to terminate accounts or remove content at our discretion for extensive infringement or other violations.
If you believe content on AlmaSan infringes your trademark or other intellectual property rights (apart from copyright), please contact us with a detailed description of your claim and the material in question. While the DMCA specifically addresses copyright, we take other intellectual property concerns seriously and will review such requests under applicable laws.
You may stop using AlmaSan at any time. You may also delete your account by following the instructions on the Service or contacting customer support. Deleting your account may erase or anonymize the data associated with your use (subject to our data retention policies and Privacy Policy). Note that content you have generated or submitted may persist in backups or if it has been shared with others on the Service.
We reserve the right to suspend or terminate your access to the Service (or any portion of it) at any time, with or without cause or notice, for any reason including but not limited to:
9.2.a. your violation of these Terms or any other policies;
9.2.b. your misuse or interference with the Service;
9.2.c. a request by law enforcement or government agency;
9.2.d. unexpected technical or security issues;
9.2.e. extended periods of inactivity on your account; or
9.2.f. our decision to discontinue the Service (in whole or in part). We will not be liable to you for any termination of your account or deletion of your User Content.
9.3. We reserve the right to suspend or terminate your access to the Service (or any portion of it) at any time, with or without cause or notice, for any reason including but not limited to:
9.2.a. your violation of these Terms or any other policies;
9.2.b. your misuse or interference with the Service;
9.2.c. a request by law enforcement or government agency;
9.2.d. unexpected technical or security issues;
9.2.e. extended periods of inactivity on your account; or
9.2.f. our decision to discontinue the Service (in whole or in part). We will not be liable to you for any termination of your account or deletion of your User Content.
9.4. If your account is terminated or suspended, you remain bound by these Terms to the extent they by their nature survive (such as intellectual property ownership, indemnification, disclaimers, limitations of liability, and dispute resolution provisions). We may also refuse to allow you to create a new account in the future if you have been terminated for violating these Terms.
Upon any termination of these Terms or your account, all rights granted to you under these Terms will cease immediately. You must cease all use of the Service, and you may not access your account or any content (except perhaps to export your data, if we permit such access). We may delete your User Content and Output data associated with your account, or alternatively, we may retain it for a period of time in case of legal disputes or enforcement purposes. You agree that we have no obligation to retain your content or provide you with copies (except as required by law).
To the maximum extent permitted by law, CLIMT will not be liable to you for compensation, reimbursement, or damages on account of the loss of prospective profits, goodwill, or data as a result of termination of the Service or your account, or for any other reason related to termination.
AlmaSan and all related services are provided "AS IS" and "AS AVAILABLE" Your use of the Service is at your own risk. To the fullest extent permitted under applicable law, CLIMT, its affiliates, and its licensors disclaim any and all warranties and representations, whether express, implied, or statutory, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no guarantees that the Service will be uninterrupted, error-free, or secure, or that any content (including Output) will be accurate or reliable.
CLIMT makes no warranty that the AI-generated content or any advice or information obtained through AlmaSan will meet your expectations or requirements. We do not warrant the truth or accuracy of any Output. The AI is a tool for creative generation and may produce fictitious or erroneous information. You should independently verify any information from AlmaSan before relying on it. Use your judgment: any decisions or actions you take based on information or content from the Service are at your sole risk.
By using the Service, you understand that you may encounter content that could be considered offensive, indecent, or objectionable, despite our Community Guidelines. We are not liable for any content generated by the AI that you may find undesirable or for any harm caused by viewing such content. Though we employ content filters and guidelines, no system is perfect and the AI may produce unexpected results. CLIMT is not responsible for the viewpoints or content generated by the AI, and such content does not represent our opinions.
AlmaSan is not a substitute for professional advice. Any information or Output relating to areas such as law, medicine, finance, or other professional fields is provided for general illustrative purposes and should not be relied upon as professional advice. Always seek the advice of a qualified professional in those areas if you need specific guidance. We disclaim any liability for actions you take based on information provided by the Service.
The Service may contain links to third-party websites or may allow you to interact with third-party content (for example, sharing your comics on social media). These are provided for convenience only. We do not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. If you access any third-party website or service through AlmaSan, you do so at your own risk and subject to the terms and conditions of those third parties.
In certain jurisdictions, you may have legal rights that cannot be disclaimed by contract. In such cases, to the extent that the above disclaimers are legally not permitted, they may not fully apply to you. But in any case, our liability for breach of any such non-disclaimable warranty is limited (see Limitation of Liability below).
11.1. To the fullest extent permitted by law, in no event will CLIMT or its directors, officers, employees, agents, partners, affiliates, or licensors be liable to you for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your access or use of (or inability to access or use) the Service or any content within it. This includes, without limitation, damages for lost profits, lost data, goodwill, service interruption, computer damage, or system failure, or the cost of substitute services, or for any conduct or content of any third party on the Service.
11.2. To the extent permitted by law, the aggregate liability of CLIMT and its affiliates for any claims arising out of or related to these Terms or the Service will not exceed the greater of:
11.2.a. the total amount (if any) you paid to us for the specific Service or subscription in the 12 months immediately before the claim arose, or
11.2.b. USD $100. This limitation applies collectively to all claims you may bring against us, for any cause of action or legal theory, whether in contract, tort (including negligence), strict liability or otherwise.
11.3. The limitations of liability in this section are fundamental elements of the agreement between you and us. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations or exclusions may not apply to you to the extent disallowed by applicable law.
11.4. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.
You agree not to hold CLIMT responsible for any issues beyond our direct control. To the extent permitted by law, you release CLIMT and its affiliates from any and all claims or liability related to any content (including Output), your use of the Service, or the conduct of other users. If you are a California resident, you waive California Civil Code §1542, which says.
11.6. A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, which if known by them would have materially affected their settlement with the debtor or released party.
You agree to defend, indemnify, and hold harmless CLIMT, its parent, affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees) arising from:
11.7.a. your use of and access to the Service;
11.7.b. your violation of any term of these Terms; or
11.7.c. your violation of any third-party right, including without limitation any intellectual property, privacy, publicity or proprietary right.
11.7.d. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of that claim.
12.1. Please read this section carefully. It requires arbitration for certain disputes and limits the manner in which you can seek relief from us.
We hope to resolve any dispute amicably. Before initiating any formal dispute resolution, you agree to contact us at [email protected] with a written description of your issue so we can attempt to resolve it in good faith. Both you and we agree to make a good-faith effort to resolve any dispute, claim, or controversy through discussions within 30 days of your notice. If we are unable to resolve the dispute informally, the following terms apply.
You and CLIMT agree that all disputes and claims arising out of or relating to these Terms or your use of the Service (each a "Dispute") will be resolved solely through final and binding arbitration, rather than in court, except for the exceptions described below. This agreement to arbitrate is governed by the U.S. Federal Arbitration Act and evidences a transaction in interstate commerce. You are thus waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, or representative proceeding in court or in arbitration. Arbitration means that a neutral arbitrator, rather than a judge or jury, will decide the Dispute.
Notwithstanding the above, either party may choose to bring an individual action in small claims court (if eligible under that court's rules) or to seek injunctive relief in a court of law for intellectual property infringement or misuse (for example, unauthorized use of copyrights, trademarks, or trade secrets). Also, you have the right to opt out of this arbitration agreement as explained below.
The arbitration will be administered by a neutral arbitration provider, such as JAMS or the American Arbitration Association (AAA), in accordance with the chosen organization's rules applicable to consumer disputes. If the parties cannot agree on the arbitration organization, a court may appoint one. The arbitration will take place in San Francisco, California, USA, unless you and CLIMT agree otherwise. The arbitrator may conduct hearings remotely (for example, by video or phone) upon request. The language of the arbitration shall be English. The arbitrator's decision will be confidential and binding, and may be entered as a judgment in any court of competent jurisdiction.
Payment of all filing, administration, and arbitrator fees will be governed by the arbitration provider's rules. We will reimburse your arbitration filing fees for claims totaling less than $10,000, unless the arbitrator finds your Dispute frivolous or brought in bad faith. Each side will bear their own attorneys' fees and costs unless the arbitrator rules otherwise or applicable law provides otherwise.
All disputes must be pursued on an individual basis only. You and CLIMT agree not to bring or participate in any class, collective, or representative action (whether in arbitration or otherwise) against each other. The arbitrator is only authorized to resolve the individual Dispute between you and CLIMT, and may not consolidate claims or award relief on behalf of anyone who is not a party to the arbitration. If this class action waiver is found unenforceable, then the entirety of the Arbitration Agreement shall be null and void (but the rest of these Terms will remain in effect).
You may opt out of the agreement to arbitrate within 30 days of first accepting these Terms by sending a clear written notice to [email protected] with the subject line "Opt Out of Arbitration" and your name and account information. The opt-out notice must be sent from the email associated with your account or include sufficient information to identify your account. If you opt out of arbitration, you and CLIMT agree that any Dispute will be resolved by a court as set forth below. Opting out of arbitration has no adverse effect on your relationship with us or use of the Service.
These Terms and any dispute arising out of or related to them or the Service will be governed by the laws of the State of California, USA, except for its conflict of laws principles, and except as may be otherwise provided in supplemental terms applicable to your region. However, we operate the Service in compliance with applicable laws and regulations of Japan when providing services to Japanese consumers, as detailed in Section 12 below. The U.N. Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Subject to the arbitration requirements above, you agree that any judicial proceedings (excluding small claims actions) will be brought in the state or federal courts located in San Francisco County, California. Both you and CLIMT consent to venue and personal jurisdiction there, and waive any objection on the basis of inconvenient forum. If you reside outside of the United States, you agree that any Dispute not subject to arbitration shall be resolved in the courts of California as just stated, unless applicable law in your jurisdiction requires proceedings to be held in your country of residence (in which case, you agree to submit to the jurisdiction of the courts in your country for that purpose).
To the extent permitted by law, any claim or cause of action arising from or relating to your use of the Service or these Terms must be filed within one (1) year after such claim arose; if it is not, then that claim is permanently barred. This provision does not apply where prohibited by law.
13.1. CLIMT is committed to operating in accordance with all applicable laws. You agree to comply with all local, national, and international laws and regulations that apply to your use of AlmaSan. This includes, but is not limited to, laws related to copyright and intellectual property, data privacy, and content regulation in your jurisdiction. If you are accessing the Service from Japan, or if you are a Japanese customer, the following laws are particularly relevant:
We adhere to Japan's Act on Specified Commercial Transactions, which is designed to protect consumers from unfair business practices in online and other remote transactions. If and when we offer any paid services or products on AlmaSan, we will ensure all required information is disclosed in compliance with this law. This includes clear indication of prices, payment methods, provider contact information, terms of cancellation, and other important details, as mandated for mail order sales under Japanese law. Our official website will publish the necessary information (for example, company name, address, phone number, responsible manager) as required. We aim to be transparent and fair in all transactions, and any advertising or solicitation we conduct will follow the standards of this Act.
We comply with Japan's anti-spam law, which prohibits businesses from sending email advertisements without prior consent from the recipient. We will not send you promotional or marketing emails unless you have opted in to receive them. If you sign up for AlmaSan, we may send you transactional or administrative communications related to your account or the Service (for example, password resets or important notices), but we will only send newsletters or advertising messages with your explicit consent. Every marketing email will include an option to unsubscribe or opt-out of future communications. We also abide by other jurisdictions' email regulations to the extent applicable.
The Service may be subject to export controls under U.S., EU, or other laws. You represent that you are not located in a country that is subject to a U.S. government embargo and that you are not on any U.S. government list of prohibited or restricted parties. You agree not to use AlmaSan for any purposes prohibited by export laws, including the development of nuclear, chemical, or biological weapons. If you access AlmaSan from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.
13.5. We may block access to AlmaSan from certain countries or regions if required by law or if they are subject to sanctions or trade restrictions. Such measures are taken to ensure compliance with international laws and are not intended as discrimination against users of any region.
14.1. CLIMT may modify or update these Terms from time to time to reflect changes in our practices, technologies, legal requirements, or for other reasons. When we update the Terms, we will revise the "Effective Date" at the top of this document. In the event of any material changes that adversely affect your rights, we will provide you with clear notice - for example, by an email to the address associated with your account or by a prominent notice on our site - at least 15-30 days before the changes take effect. For less significant updates or those that do not negatively affect your rights, we may post the revised Terms and indicate the effective date without additional notice. By continuing to use the Service after the new Terms become effective, you agree to be bound by the revised Terms. If you do not agree to any update, you must stop using AlmaSan and may delete your account.
14.2. Please review these Terms periodically to stay informed of any changes. We also encourage you to review any other policies referenced in these Terms (like the Community Guidelines or Privacy Policy), as they may be updated from time to time through similar procedures.
These Terms (along with any incorporated policies such as the Community Guidelines and the Privacy Policy) constitute the entire agreement between you and CLIMT regarding your use of AlmaSan, and supersede any prior agreements or understandings (whether oral or written) between us relating to the Service. Any additional or different terms proposed by you (for example, in any communication) are hereby rejected and will not bind us unless expressly agreed to in writing by an authorized representative of CLIMT.
15.2. You may not assign or transfer these Terms or any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent, and any attempt by you to do so without consent will be null and void. We may assign or transfer these Terms (in whole or in part), or any of our rights and obligations, at our discretion and without restriction, to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. The parties agree that any invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable, reflecting as closely as possible the original intentions of the parties.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us to be effective, and will not mean we waive the same or any other provision in the future.
CLIMT shall not be liable for any delay or failure in performance of the Service (including failure to deliver Outputs or maintain uptime) resulting from causes outside our reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, fuel, energy, labor, or materials.
You and CLIMT are independent contractors, and nothing in these Terms shall be construed as creating an employer-employee relationship, a partnership, or a joint venture between us. You do not have any authority of any kind to bind us in any respect whatsoever.
These Terms are for the benefit of you and CLIMT (and our successors and assigns). Except as expressly provided in these Terms, they are not intended to confer any rights or remedies upon any third party.
These Terms are written in English. If we provide a translation of these Terms, it is for convenience only. In the event of any conflict between the English version and a translated version, the English version will control.
These Terms are written in English. If we provide a translation of these Terms, it is for convenience only. In the event of any conflict between the English version and a translated version, the English version will control.
If you have any questions, concerns, or feedback about these Terms or the Service, you may contact below:
If you have any concerns abount this document please contact us below
: +1 (619) 214 9460
