Terms of Service

Article 1 (Purpose)

These Terms of Service establish the rights, obligations, and responsibilities between the User and AIPARK CO.,LTD (hereinafter "Company") regarding the use of AiVATAR, a text-based voice and video synthesis solution, and related services (hereinafter "Service").

The posting date of these Terms of Service is March 21, 2025, and they will take effect from March 28, 2025.

Article 2 (Definitions)

The definitions of terms used in these Terms of Service are as follows:

• "Service": Refers to the AiVATAR service that generates downloadable voice or video from text input by the User.
• "User": Refers to a person who has entered into a usage contract with the Company in accordance with the Terms of Service and has been granted the right to use the Service by the Company.
• "Subscription User": Refers to a User who is currently using a Subscription. The Company may provide differentiated Services to Subscription Users compared to non-subscription Users.
• "Payment": Refers to paying a certain amount to the Company or a third party designated by the Company through payment methods specified by the Company to use the Service.
• "Subscription": Refers to a Service usage method in which the User regularly pays a monthly or annual fee using a pre-registered payment method, and the Service usage period for the Subscription User is automatically renewed.
• "Subscription Cancellation": Refers to when a User cancels the Payment for the Service and immediately terminates the use of the Service. When a Subscription Cancellation occurs, the termination of the Subscription is automatically processed, and refunds for Subscription Cancellation are subject to the provisions of these Terms of Service.
• "Paid Service": Refers to Services that can be used when a User pays a predetermined amount to the Company or accepts transaction or agreement conditions with the Company or a third party.
• "Remaining Contract Obligation Amount": Refers to the value of the Paid Service remaining during the User's contract period. This amount is calculated as the lesser of: 1) the amount calculated by prorating the remaining period of the Paid Service availability period, or 2) the amount calculated based on the ratio of unused remaining Credits that the User has been granted during that period.
• "Content": Refers to all works, including voice, video, etc., newly created by the User through the Service provided by the Company.
• "Uploaded Content": Refers to works (voice, sound, video, photos, pictures, cartoons, and all other works) uploaded to the Service when using the Service provided by the Company, specifically works containing personal portrait rights or voice rights such as facial data or voice data of the User or someone who has explicitly granted permission to the User.
• "Project": Refers to the unit of posts created by the User to create Content using the Service provided by the Company.
• "Credit": Refers to the unit consumed by the User when generating Content using the Service provided by the Company. Users can consume Credits received monthly from the Company to generate voice or video on the Service.
• "Remaining Time": Refers to the total time the User can create and download Content using the Service provided by the Company.
• "Digital Human": Refers to virtual humans provided by the Company for Users to use in the Service.

Terms not defined in Article 2 shall follow relevant laws and other general practices.

Article 3 (Posting and Revision of Terms)

1. The Company posts these Terms of Service on the first screen of the Service website so that Users can see them.
2. The Company may revise these Terms of Service within the scope that does not violate relevant laws such as the "Act on the Regulation of Terms and Conditions" and the "Act on Consumer Protection in Electronic Commerce, etc." Matters not specified in these Terms shall be governed by the provisions of relevant laws.
3. When the Company revises these Terms, it shall specify the effective date and reasons for revision and post them along with the current Terms 7 days prior to the effective date of the revised Terms. However, in case of significant changes or changes disadvantageous to Users, the Company shall post such notice 30 days prior to the effective date and notify Users in the method specified in Article 4, Paragraph 1.
4. If the Company notifies or posts the revised Terms pursuant to the preceding paragraph and clearly informs Users separately that they shall be deemed to have expressed their intention if they do not express their intention by the effective date of the revised Terms, and if Users do not explicitly express their intention to refuse, Users shall be deemed to have agreed to the revised Terms.
5. If Users do not agree to the revised Terms, they may terminate the contract under these Terms. In the case of Subscription Users, they may terminate, withdraw, or cancel the Subscription Paid Service in accordance with Article 11 and receive a refund in accordance with Article 11.

Article 4 (Notification to Users)

1. When the Company has matters to inform Users, it may provide individual notifications via email, telephone, messages within the homepage, and pop-up windows provided by the User.
2. When notifying all Users, the Company may substitute the notification in Paragraph 1 of this Article by posting on the Company's bulletin board for 7 days or more. However, for matters that are disadvantageous to Users or have significant impact, the notification shall be made according to the preceding paragraph.

Article 5 (Service Usage)

1. The Company grants Service usage rights only when Users agree to these Terms. For Paid Services, they are provided after Payment.
2. The Services provided by the Company consist of:
   1. Voice Generation: Users can access the Service website via wired/wireless network, input text, and request voice Content that speaks according to the text. Users can listen to the generated voice and save it to their local device for offline use.
   2. Video Generation: Users can select a Digital Human and request video Content of the Digital Human speaking along with the generated voice. Users can play the generated Content online and save it to their local device for offline use.
3. Users must comply with the following when using the Service:
   1. It is prohibited to remove watermarks inserted in Content generated through the Service without the Company's approval and distribute them online or offline.
   2. It is prohibited to remove voice or sound inserted in Content generated through the Service without the Company's approval and distribute them online or offline.
4. Service usage time is available 24 hours a day, year-round except when impossible due to the Company's business reasons or internal/external technical issues.
5. Users shall use one account per person, and transfer of usage rights is not permitted.
6. To use the Service, Users must access the Service website via wired/wireless network. Data costs incurred for using the Service are subject to the telecommunication fees between Users and their telecommunications providers, and the Company bears no responsibility for this.

Article 6 (Restriction of Service Use)

1. Users shall not create or upload Content that is obscene, illegal, cruel, violent, hateful, disruptive to social order, infringes on others' rights, infringes copyright, or violates these Terms and operating policies through the Service.
2. The Company may temporarily restrict the User's Service use or terminate the contract under these Terms and permanently suspend the User's Service use after prior notification upon discovering the following situations. However, in cases requiring urgent action, notification may be provided afterwards:
   1. When Users create or upload Content prohibited in Paragraph 1 of this Article
   2. When Users significantly violate these Terms including other regulations set by the Company comparable to the preceding subparagraph, or when their actions are objectively deemed to be related to crime or violate relevant laws

Article 7 (Use, Rights, and Storage of Content)

1. Use of Content

1. Users shall not infringe upon any rights, including third-party intellectual property rights, defame others, violate laws, or use the Service and Content contrary to social norms.
2. The Company provides Content "as is" and is not responsible for indirect, consequential, or special damages arising from Users' use of Content. Any compensation for damages caused by the Company's fault shall not exceed the service fee actually paid by the User.
3. Content provided by the Company may change or be discontinued at any time.
4. Users may only use their own portrait or voice, not those of third parties, except for Content explicitly provided by the Company. If Users violate this and cause damage to the Company, Users shall be responsible for all direct, indirect, consequential, ordinary, and special damages and indemnify the Company.
5. Users may only use Content provided by the Company within the purpose, scope, and method explicitly authorized in writing. Violations constitute copyright infringement, and Users must compensate for all damages to the Company or third parties.
6. If Users violate these Terms in creating or using Content, the Company may delete or suspend the Content without User consent and request third parties to do the same. The Company bears no responsibility, and Users shall assume all liability and indemnify the Company.

2. Content Rights

1. All rights to Content and Services provided by the Company, including copyright, intellectual property rights, ownership, and commercialization rights, belong exclusively to the Company.
2. Copyright and ownership of Content created by Users belong to the Users. However, by uploading Content to the Service, Users grant the Company permission to use it within the Service free of charge, permanently, and globally. This paragraph does not apply to Uploaded Content, which is governed by paragraphs 4 and 5.
3. When Users upload Content to the Company's Service, the Company may use it for Service exposure, promotion, operation, improvement, and research free of charge, permanently, and globally. This paragraph does not apply to Uploaded Content.
4. For Uploaded Content, copyright and ownership belong to the User. The Company may only use Uploaded Content for the Service purpose requested by the User and cannot use it for other purposes. These purposes may vary by Service and function.
5. Users may request deletion of Uploaded Content, and the Company must comply promptly. However, Users acknowledge that deleting Uploaded Content may restrict related Services. Unless the deletion request results from an issue caused by the Company, the Company bears no responsibility or compensation obligation.

3. Content Storage

1. Works uploaded by Users and outputs produced are stored on servers of the Company or contracted enterprises for a specified period, after which they are automatically deleted. Storage subjects and periods vary by plan. Users cannot raise objections or demand compensation for deletions after the storage period.

Article 8 (Paid Service Usage Contract)

1. When Users agree to these Terms, apply for Paid Service use, and proceed with payment for the Paid Service, the Paid Service usage contract is established upon the Company's approval.
2. The Company provides the following Paid Services:
   1. Subscription Paid Service: A service where usage fees are automatically charged monthly or annually through a pre-registered payment method, and the usage period is automatically renewed.
   2. Direct Sales Paid Service: A method where the Company directly provides the Paid Service when Users pay for it.
3. Users must comply with the following regarding Paid Services:
   1. Users must faithfully pay the usage fees set for the Paid Service they applied for.
   2. Users must pay the usage fees through the payment method designated by the Company.

Article 9 (Paid Service Fee Calculation)

1. The usage fee for Subscription Paid Service is calculated from when the Company begins providing the Subscription Paid Service to the User. With Subscription Paid Service use, Users receive Credits that can be used validly only for the month. However, when changing Subscription Paid Service, Article 10 applies.
2. The usage fee for Subscription Paid Service is calculated on a basic one-month basis.
3. The usage fee for Direct Sales Paid Service is calculated separately according to the contract period and cost of each Direct Sales Paid Service.
4. All Paid Service usage fees exclude VAT.

Article 10 (Changes to Paid Services)

1. The Company may change the price or content of Paid Services as needed. The Company must notify Users in advance or obtain consent from Users via email, website posting, etc.
2. Users may request changes to their Subscription Paid Service according to Company policy.
3. When Users upgrade to a higher-tier Subscription Paid Service:
   1. The billing cycle start date changes to the date of upgrade.
   2. Unused Credits from the previous subscription remain valid, and additional Credits for the upgraded subscription will be provided.
4. When Users downgrade to a lower-tier Subscription Paid Service:
   1. The existing Subscription Paid Service continues until the next billing date.
   2. When the next billing date arrives, unused Credits expire, payment for the lower-tier subscription processes, and Credits for the lower-tier subscription are provided.

Article 11 (Termination, Withdrawal, and Cancellation of Paid Services)

1. Users can terminate a Subscription Paid Service from the workspace settings menu. Users can continue using the Service until the next billing date without refund. Automatic billing will not occur on the next billing date.
2. If Users request withdrawal within 7 days after payment without using the Paid Service, they can receive a 100% refund. After withdrawal, all Paid Service usage rights are restricted.
3. Users may cancel their subscription at any time, but the Company will deduct a 10% cancellation fee from the Remaining Contract Obligation Amount before refunding. However, if Users cancel within 7 days of payment, the 10% cancellation fee is waived.
4. If the Company becomes unable to provide the Subscription Paid Service due to its own fault, the Remaining Contract Obligation Amount plus a 10% penalty will be refunded.
5. If Users default on fees while using Subscription Paid Services, the Company has the right to suspend or terminate the Paid Service immediately upon default.

Article 12 (Compensation and Limitation of Liability)

1. When issues arise from Users violating these Terms or relevant laws, Users are liable, and the Company is not responsible for resulting consequences without its intent or negligence.
2. Users must compensate the Company for damages caused by intentional or negligent violations of these Terms:
   1. Distributing prohibited Content online/offline, causing tangible/intangible damages
   2. Interfering with Service operations
   3. Other damages caused by User intent or negligence
3. The Company compensates damages caused by its intent or negligence but is not responsible for:
   1. Inability to provide Services due to force majeure (natural disasters, war, telecommunications service suspension)
   2. Service disruptions due to User fault
   3. Damages from illegal third-party server access
   4. Damages from third-party interference with transmissions
   5. Damages from malicious program transmission or distribution
   6. Other damages occurring without Company intent or negligence
4. The Company makes no guarantees regarding Content integrity, accuracy, or file completeness within legal boundaries.
5. The Company is not liable for damages from Users' failure to properly check notifications about Terms or legal changes, absent Company intent or negligence.
6. The Company is not liable for transactions between Users or between Users and third parties without Company intent or negligence.
7. The Company has no obligation to intervene in disputes between Users or between Users and third parties without Company intent or negligence.
8. The Company is not liable when Users fail to achieve expected benefits from Service use, absent Company gross negligence or intent.

Article 13 (Jurisdiction)

1. Company and Users shall sincerely negotiate to resolve disputes.
2. If resolution fails, either party may file a lawsuit, with jurisdiction determined by civil procedure law.
3. Notwithstanding the preceding paragraph, lawsuits involving Users with overseas addresses shall be filed at Seoul Central District Court, Republic of Korea.