AI & Technology Law | Aoyama Law Office

EXAMPLE CASE

A typical scenario

* This is a model case to illustrate our workflow.

The Problem

We want to launch our own AI service but don't know how to structure the terms of use or liability framework

You are developing an AI-powered business support tool and approaching your launch date, but don't know how to draft the terms of use. Who owns the copyright in AI-generated output? How far can disclaimer clauses go if incorrect output causes customer damage? The legal framework hasn't kept pace with the technology.

Our Response

Draft and review terms of use tailored for AI services
Analyze copyright and IP ownership of AI output
Design disclaimer clauses and damages caps
Draft a privacy policy compliant with data protection laws
Deliver legal consultation minutes and terms of use draft

Deliverables

Legal consultation minutes (A4, 6 pages) + Terms of use draft + Privacy policy draft

Minutes summarizing the legal analysis on disclaimer scope, IP ownership, and data handling. Plus ready-to-use drafts of terms of use and privacy policy.

AI_Service_ToS_Legal_Advisory.pdf

CONFIDENTIAL

Legal Advisory on AI Service Terms of Use

Attorney: Takanori Aoyama

1. Matters consulted

Analysis of legal issues related to drafting terms of use for a proprietary AI service -- particularly IP ownership of AI output and the validity of disclaimer clauses

Key Point 1

Under current law, copyright does not vest in AI itself. Ownership depends on the degree of creative involvement by the user, requiring proper allocation in the terms of use.

2. Disclaimer clause design

Disclaimer for AI output accuracy, damages cap design, scope of force majeure clauses, and compatibility with consumer contract law.

3. Data protection analysis

Policy for handling user input data, permissibility of using data for model training, specification of purposes of use, and consent mechanism design.

Recommended actions

Prepare a privacy policy in addition to terms of use. Clearly state data processing policies to build a framework users can trust.

SUPPORT CONTENT

Legal checklist for AI service providers

Legal considerations for companies developing and providing AI-powered services. We can support you on each of these items.

AI Service Terms of Use

We draft and review terms of use addressing AI-specific issues such as output disclaimers, IP ownership, and service interruption handling.

IP Rights in AI-Generated Content

We analyze copyright ownership of AI output, copyright treatment of training data, and inventorship issues in patent applications involving AI.

Data Protection Compliance (Provider Side)

We advise on policies for handling user input data, privacy policy drafting, permissibility of using data for training, and cross-border data transfer compliance.

AI Service Liability Design

We analyze the scope of liability for damages from AI output errors, damages cap design, consumer contract law considerations, and the validity of disclaimers in B2B vs. B2C contexts.

Security & Data Protection Measures

We support data breach and security incident response frameworks for AI services, technical and organizational security measures, and legal responses when incidents occur.

AI Regulatory Developments

We help you stay ahead of evolving regulations including the EU AI Act, Japan's AI business guidelines, and industry self-regulatory frameworks.

WHY US

Why choose our office

Hands-on experience with AI contracts and IP

Since around 2016, when deep learning-based AI came into active use, we have been advising advisory clients' IT companies and others on the handling of training data, trained models, parameters, and related intellectual property issues.

While generative AI is now mainstream, AI-powered services still require a training process, making the proper handling of training datasets and IP ownership essential. We bring years of practical experience in these matters to our advisory work.

Our attorney uses AI in daily practice

As described throughout this website, our office actively uses AI in various aspects of our practice. This user perspective allows us to provide experience-based advice on warranty frameworks for AI services, terms of use design, information handling practices, and the permissibility of using user input data for training.

Deep understanding of IP law and genuine interest in technology

In AI & technology law, continuous learning about new technologies and emerging legal issues is essential. We strive daily to deepen our knowledge of AI and emerging technologies so that we can engage with clients at a level close to that of the business operators themselves, understanding the nature of the business they are pursuing.

RELATED FIELDS

Related practice areas

Clients who consult us about AI & technology law also frequently use the following services.

AI Adoption Support (for adopting companies) Contract Review & Drafting Intellectual Property IT & DX Law

Need help with AI service legal issues?

From terms of use drafting to disclaimer design and IP analysis of AI-generated content.
Contact us for legal support for your AI service business.

0952-97-8177Hours: Weekdays 9:30 - 18:00 / Online consultations available

By appointment only. Please schedule your visit in advance by phone, email, or our contact form.