This is a draft before publication ([Owner to fill] and [TBD] fields are not final).
This English version is provided for convenience. If there is any conflict, the Japanese version prevails.
Terms of Service
Last updated: [TBD]
These Terms of Service ("Terms") set out the conditions for using vacans (the "Service"), operated by [Owner to fill] ("we", "us"). vacans is a web application that helps you create feed videos (4:5) and captions for Instagram with the help of AI, schedule them, and publish them to Instagram automatically.
Article 1 (Application)
These Terms apply to all use of the Service. By using the Service, you agree to these Terms.
Article 2 (Accounts)
You must register with a valid email address. You are responsible for managing your password. Each person may create only one account ([TBD]: to be finalised together with the shape of the free plan).
Article 3 (Plans, fees and payment)
- Free plan (no charge). Creating is free. Video exports: up to 10 per month · AI caption generation: up to 30 times per month · Scheduled posts at the same time: up to 3 · Storage: up to 500 MB · Automatic posting to Instagram: up to 3 times in total (counted only when a post is actually published while you are on the free plan; failed attempts are not counted) · Exported videos include a small "Made with vacans" watermark with the vacans logo (limits are approximate; see Article 4).
- Paid plan. [TBD] yen per month (tax included), renewed automatically every month. Automatic posting to Instagram · Video exports: up to 60 per month · AI caption generation: up to 300 times per month · Scheduled posts at the same time: up to 60 · Storage: 8 GB · No "Made with vacans" watermark on exported videos.
- Changes to plan limits take effect from the first day of a month.
- Payment is made through Stripe (on the web) or Apple (in-app purchase in the iPhone app). For purchases made in the iPhone app, billing, cancellation and refunds are governed by Apple's terms and procedures.
Article 4 (Free plan limits)
The free plan's limits (counts, numbers of items and storage) are approximate. Counts are based on our records. We may change the contents of the free plan without notice.
Article 5 (Cancellation)
You may cancel at any time. After cancelling, you can continue to use the paid plan until the end of the period you have already paid for. We do not give refunds after payment (including pro-rata refunds). If we could not provide the Service because of a fault on our side, we will refund you individually.
Article 6 (Changing plans)
If you move from the paid plan back to the free plan, we do not delete the posts, videos or schedules you have created. While you exceed the free plan's limits, creating new items, exporting, uploading, using AI and turning schedules on will be paused.
Article 7 (Changes to fees)
If we change the fees, we will notify you by email or other means at least one month in advance. The new fee applies from your next renewal date. If you do not agree, you may cancel.
Article 8 (Your content)
You retain the rights to the photos, videos and text you upload. We use them only to the extent necessary to provide the Service (storing, converting and publishing), and not for our own advertising. vacans does not use what you create to train AI. How text you send for caption generation is handled depends on the AI provider's policy (see the Privacy Policy).
Article 9 (AI output)
Captions and other text generated by AI are suggestions only. We do not guarantee that they are accurate, lawful, or free from infringement of third-party rights. Please check the content before posting. You are responsible for what you post.
Article 10 (Connection with Instagram)
Your use of Instagram is subject to the terms of Instagram (Meta). You may be unable to post due to changes in Instagram's specifications, outages, or restrictions placed on your account.
Article 11 (Prohibited conduct)
You must not: post content that violates laws or public order and morals; infringe the rights of others (including copyright and portrait rights); impersonate others; gain unauthorised access; place an excessive load on the Service; register accounts in bulk by automated means; or resell the Service.
Article 12 (Suspension and deletion)
If you engage in prohibited conduct, we may suspend your use of the Service and delete your account without prior notice.
Article 13 (Changes, interruptions and termination of the Service)
The Service may be interrupted for maintenance, outages or other reasons. If we end the Service, we will notify you at least [TBD] days in advance.
Article 14 (Data retention and deletion)
When you close your account, your data will be deleted 30 days after you close it. During those 30 days, you can cancel the closure. Removal from backups may take additional time.
Article 15 (Limitation of liability)
Except in cases of our wilful misconduct or gross negligence, our liability for damages is limited to the fees we received from you in the most recent one month ([To be confirmed] with a professional so that this wording is valid under the Consumer Contract Act).
Article 16 (Changes to these Terms)
We will notify you within the Service when we change these Terms. If you continue to use the Service after a change, you are deemed to have agreed to it. We will give advance notice of important changes.
Article 17 (Governing law and jurisdiction)
These Terms are governed by the laws of Japan. The district court with jurisdiction over [Owner to fill] (our location) shall have jurisdiction.