Terms & Conditions

Article 1 (Purpose)

The purpose of these Terms is to stipulate the rights, obligations and responsibilities between the "Member" and the "Company" in relation to the use of AiVATAR, a text-based voice and video synthesis solution provided by AI Park (hereinafter referred to as the "Company"), and all related services (hereinafter referred to as the "Service"), as well as the necessary conditions for using the Service.

These Terms and Conditions shall apply from 31 August 2023.

Article 2 (Certain Defined Terms)

The terms used in these Terms are defined as follows.

"Service": means an avatar service that generates the text entered by the "Member" into voice or video in a downloadable form.
"Member": means a person who has entered into a use contract with the Company in accordance with the Terms and Conditions and has been granted the right to use the Service by the Company.
"Subscription Member": means a Member who is using a "Subscription". The "Company" may differentiate the "Services" provided to "Subscription Members" and "Members" who are not "Subscription Members".
"Content": means any work (including any work such as voice, sound, video, photo, drawing, cartoon, etc.) uploaded to the Service by a Member when using the Service provided by the Company, as well as any newly created voice, video, etc. through the Service.
"Project": A unit of posts created by a "Member" to create "Content" using the "Service" provided by the "Company".
"Credits": a unit that a "Member" consumes when creating "Content" using the "Services" provided by the "Company". "Members can create audio or video on the Service by consuming Credits, which are paid by the Company.
"Remaining Time": The total amount of time a Member can create and download Content using the Services provided by the Company.
"Digital Human": means a virtual human provided by the Company for the Member to use in the Service.

Anything not defined in Article 2 shall be subject to applicable laws and other general rules.

Article 3 (Posting and Revision of Terms)

The "Company" shall post the contents of these Terms and Conditions on the front page of the "Service" website for "Members" to know.
The "Company" may amend these Terms and Conditions to the extent that they do 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.", and matters not specified in these Terms and Conditions shall be governed by the provisions of relevant laws.
If the "Company" revises these Terms and Conditions, it will notify the current Terms and Conditions together with the revised Terms and Conditions 7 days before the effective date of the revision, specifying the date of application and the reason for the revision. However, if it is a significant change in these Terms and Conditions or a change that is unfavourable to the "Member", it shall be notified at least 30 days before the date of application and notified to the "Member" in the manner specified in Article 4, Paragraph 1.
If the "Company" announces or notifies the revised terms and conditions in accordance with the preceding paragraph and clearly and separately notifies the "Member" that if the "Member" does not express its intention by the date of application of the revised terms and conditions, it will be deemed to have expressed its intention, but the "Member" does not expressly express its rejection, the "Member" will be deemed to have agreed to the revised terms and conditions.
If the Member does not agree to the revised Terms, the Member may terminate the contract under these Terms, or in the case of a Subscription Member, terminate, withdraw, or "unsubscribe" from the Paid Service in accordance with Article 11 and receive a refund in accordance with Article 11.

Article 4 (Notification to Members)

If the "Company" has any matters to notify the "Member", it may notify the "Member" individually by e-mail, telephone, message on the homepage, pop-up window, etc. provided by the "Member".
In the case of notification to all "Members", the notice in Paragraph 1 of this Article may be replaced by posting it on the bulletin board of the "Company" for more than 7 days. However, in the case of matters that are disadvantageous or have a significant impact on the "Member", the notice in the preceding paragraph shall be given.

Article 5 (Use of Services)

The "Company" grants the right to use the "Service" only if the "Member" agrees to these Terms. However, in the case of "Paid Service", it will be provided after "Payment".
The "Service" provided by the "Company" consists of the following.
1. Voice Generation: Members can access the Service website through a wired or wireless network, enter text, and request to generate voice "content" that speaks according to the text. "The Member can listen to the generated voice and save it to the Member's local device for offline use.
2. Video Generation: The Member may select a "Digital Human" and request the creation of video "Content" in which the "Digital Human" speaks to the generated voice. "The Member can play the generated Content online and save it to the Member's local device for offline use.
The "Member" shall comply with the following when using the "Service".
1. it is prohibited to remove the watermark inserted in the "Content" created through the "Service" without the approval of the "Company" and distribute it online or offline.
2. it is prohibited to remove the voice or sound inserted in the "Content" created through the "Service" without the approval of the "Company" and distribute it online or offline.
In principle, the use time of the "Service" shall be 24 hours a day, 7 days a week, 365 days a year, except when it is impossible due to the business of the "Company" or internal or external technical problems.
"Member" shall use one account per person, and the right to use is not transferable.
In order to use the "Service", the "Member" must access the "Service" website through a wired or wireless network, and the data costs incurred for the use of the "Service" shall be in accordance with the communication charges concluded between the "Member" and the telecommunications company to which the "Member" subscribes, and the "Company" shall be under no obligation for any of them.

Article 6 (Restrictions on Use of the Service)

The "Member" shall not create or upload obscene, illegal, cruel, violent, or hateful "Content", "Content" that disrupts social order, "Content" that infringes on the rights of others, "Content" that infringes on copyrights, or "Content" that violates these Terms and Conditions and the Operating Policy to the "Service".
If the "Company" finds any of the following situations, it may suspend or restrict the use of the "Service" by the "Member" after prior notice, or terminate the contract under these Terms and Conditions and permanently suspend the use of the "Service" by the "Member". However, if it is necessary to take urgent action, we may notify you afterwards.
1. "The Member creates or uploads any Content prohibited by Paragraph 1 of this Article.
2. The "Member" grossly violates all regulations established by the "Company", including these Terms of Service, in accordance with the preceding paragraph, or violates relevant laws and regulations, such as being objectively determined to be connected to a crime.

Article 7 (Use, Rights and Retention of Content)

Use of Contents
1. The "Member" shall not infringe any third-party rights, including intellectual property rights, or defame any third party while using the "Service". The “Member” must also comply with all applicable laws and use the "Service" and “Contents” in accordance with social norms.
2. The “Company” provides the “Content” in its current state and is not liable for any indirect, consequential, or special damages arising from the “Member's” use of the 'Content'. If the “Member” suffers damage due to reasons attributable to the “Company”, the amount of damages shall not exceed the amount of the service use fee actually paid by the “Member” to the “Company”.
3. The “Company” may change or discontinue the provided “Content” at any time due to its circumstances.
4. The “Member” is only permitted to use their own portrait or voice, unless the “Content” provided by the “Company” expressly allows for the use of a third party's likeness or voice. Any use of a third party's likeness or voice by the “Member” that results in damage to the “Company” will make the “Member” liable for all direct, indirect, consequential, ordinary, and special damages caused, and the “Member” will be required to indemnify the “Company”.
5. The “Member” is only permitted to use the “Content” provided by the “Company” within the purpose, scope, and method expressly allowed by the “Company” in advance in writing. Any violation of this will be considered an infringement of copyright laws and the “Member”will be liable to compensate the “Company” or a third party for all direct, indirect, consequential, ordinary, and special damages caused by such violation.
6. If the “Member” violates these Terms and Conditions by creating or using content, the company may delete or suspend the content without the “Memember's” consent. The “Company” may also request a third party to delete or suspend the content without the member's consent. The “Company” will not be held liable to the “Member” or any third parties in this regard. If the “Company” incurs any direct, indirect, consequential, ordinary, or special damages, the “Member” will be held liable and must indemnify the “Company”.
Attribution of Content Rights
1. The “Company” solely holds the intellectual property rights, ownership rights, commercialisation rights, and copyrights (including moral rights, derivative works rights, and personal rights) to the “Contents” and “Services” provided by the “Company”.
2. The intellectual property rights, including copyright, and ownership rights to the "Content" created or generated by the "Member" belong to the "Member". However, by uploading, posting, or transmitting the "Content" to the "Company's Services", the "Member" grants the Company the right to use the "Member's Content" within the "Services" (including, but not limited to, storing, reproducing, distributing, publicly transmitting, displaying, distributing, and creating derivative works of) in perpetuity and throughout the world without charge.
3. "If the "Member" uploads, posts, or transmits any "Content" created or generated by the "Member" to the "Company's Services", the "Company" may use such "Content" (including, without limitation, storing, reproducing, distributing, publicly transmitting, displaying, distributing, and creating derivative works of) in perpetuity and throughout the world without charge for purposes such as exposure on the "Services", use to promote the Services, and research to operate, improve, and develop the Services.
Archiving content
1. The works uploaded by the "Member" to use the "Service" and the outputs created thereby are stored on the server of the "Company" or a company contracted with the "Company" for a certain period of time, and are automatically deleted after the specified period of time has elapsed. The object and period of archiving are different for each plan. The "Member" shall not raise any objection or demand compensation from the "Company" for deletion due to the lapse of the storage institution.

Article 8 (Indemnity and Limitation of Liability)

"If a problem arises due to the "Member's" violation of these Terms and Conditions and related laws, the "Member" shall bear all responsibility for this, and the "Company" shall not guarantee or be liable for any consequences arising from this unless there is intentional or negligent misconduct on the part of the "Company".
If the "Member" intentionally or negligently violates these Terms and Conditions and causes damage to the "Company" as follows, the "Member" shall compensate the "Company" for the damage.
1. If the "Member" causes tangible or intangible damage to the "Company" by distributing the prohibited "Content", as defined in Article 5, Paragraph 1, to online or offline.
2. Interfering with the operation of the “Company's Services”
3. If any other Member's intentional or negligent actions cause damage to the “Company”
The “Company” shall compensate the “Member” for damages caused by the “Company”'s intention or negligence. However, the “Company” shall not be liable for damages caused without intention or negligence.
1. If the “Paid Service” cannot be provided due to natural disasters, war, suspension of service by a long term telecommunications provider or equivalent force majeure.
2. If not able to use the Service due to reasons attributable to “Member”
3. If a third party illegally accesses or uses the Company's servers and causes damage.
4. If a third party interferes with transmissions to or from the Company's servers and causes damage
5. If a third party transmits or distributes malicious programmes to the Company's servers and services and causes damage
6. If damage to the "Member" without the intent or negligence of the "Company"
The "Company" shall not guarantee or not be liable for responsibility for the integrity, accuracy of the "Content" created by the "Member" using the "Service" and the completeness of the "Content" and the files created, to the extent that it is not contrary to applicable laws.
The "Company" shall not be liable for any damages caused by the "Member's" failure to properly review notices or communications regarding changes to these terms and conditions, related laws, etc., unless the "Company" has acted with intent or gross negligence.
The "Company" shall not be liable for any transactions that occur between "Members" or between "Members" and third parties through the "Service" unless there is an intentional or negligent act of the "Company".
"The Company shall not be obliged to intervene in any disputes arising from the use of the Service between Members or between Members and third parties unless there is no intention or negligence on the part of the Company.
The "Company" shall not be liable for the failure of the "Member" to obtain the expected benefits of using the "Service" by agreeing to these Terms unless there is intentional or gross negligence on the part of the "Company".

Article 9 (Jurisdiction)

In the event of a dispute between the "Company" and the "Member", the "Company" and the "Member" shall consult in good faith to resolve the dispute.
If the dispute is not resolved, either party may commence legal proceedings and the court of jurisdiction for the dispute between the "Company" and the "Member" shall be determined in accordance with the Civil Procedure Act.
Notwithstanding the preceding paragraph, in the case of a "Member" with an address or residence abroad, any dispute between the "Company" and the "Member" shall be brought before the Seoul Central District Court in the Republic of Korea.