Terms of Service

Article 1 (Purpose)

These Terms and Conditions aim to define the rights, obligations, responsibilities, and other necessary matters between Wafour Corporation (hereinafter referred to as the "Company") and the users of the SnowPea-VH (SnowPea-Virtual Human) service (hereinafter referred to as the "Service").

Furthermore, by registering and logging into this Service, users are deemed to have agreed to these Terms and Conditions and to comply with all applicable laws and regulations. Users are also deemed to represent that they are of legal age (18 years or older) under their jurisdiction.

Article 2 (Definitions)

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

1. “Service” refers to all SnowPea-VH services available to members, regardless of the device used (including PCs, portable devices, and all other wired and wireless devices). It includes the following:

Video creation using AI avatars and TTS (Text-to-Speech).

Creation of personalized avatars using members’ photos or videos (My Avatar).

Creation of personalized voices using members’ voice recordings (My Voice).

Providing content used by members to create videos.

2. “Member” or “User” refers to an individual who has agreed to these Terms, entered into a service agreement with the Company, and obtained the right to use the Service.

3. “ID” refers to an email address chosen by the member to identify themselves and use the Service.

4. “Password” refers to a combination of letters and numbers set by the member for security purposes.

5. “Content” refers to all text, AI avatars, videos, audio, images, scripts, and other materials included in the Service provided by the Company.

6. “Paid Service” refers to services offered by the Company that members can access by paying a predetermined fee or by agreeing to certain conditions of a transaction or agreement with the Company or a third party.

7. “Payment” refers to the act of paying a certain amount through a payment method designated by the Company to access Paid Services provided by the Company or its designated third parties.

Article 3 (Effectiveness and Modification of the Terms)

1. The Company shall post these Terms on its Service notice page to ensure members can easily access them.

2. The Company may revise these Terms within the scope that does not violate applicable laws such as the Act on the Regulation of Terms and Conditions, the Personal Information Protection Act, and the Act on Promotion of Information and Communications Network Utilization and Information Protection.

3. In case of amendments to these Terms, the Company shall specify the effective date and reasons for the amendments and notify members by posting the revised Terms at least seven (7) days before the effective date. For amendments unfavorable to members, the notice period is extended to thirty (30) days.

4. If a member does not express their intent to reject the amended Terms by the effective date, despite being notified that failure to do so will be deemed as consent, the member will be considered to have agreed to the amendments.

5. Members who disagree with the amended Terms may discontinue using the Service or request termination of their membership agreement. However, upon termination, members will no longer be able to access services provided after logging in.

6. Members are responsible for staying informed about amendments to the Terms, and the Company is not liable for any damages arising from members’ negligence in doing so.

7. These Terms apply from the date the member agrees to them until the termination of their membership. However, certain provisions may remain effective even after membership termination.

8. Matters not specified in these Terms shall be governed by relevant laws, such as the Telecommunications Business Act, Basic Act on Electronic Commerce, Act on Consumer Protection in Electronic Commerce, and the Personal Information Protection Act.

Article 4 (Notifications to Members)

1. Unless otherwise stipulated in these Terms, the Company may notify members through electronic means such as email, SMS, electronic messages, or push notifications.

2. For notifications to all members, the Company may replace the individual notification methods mentioned in paragraph 1 by posting the notification on the Service’s bulletin board for at least seven (7) days. However, for matters that significantly affect a specific member’s transactions, individual notifications as mentioned in paragraph 1 shall be used.

Article 5 (Formation of the Service Use Agreement)

1. The Service use agreement is established when an individual (hereinafter referred to as the “Applicant”) who wishes to become a member agrees to these Terms and the Privacy Policy, completes the application process prescribed by the Company, and the Company approves the application.

2. The Company may require the Applicant to verify their identity through a certification process. The Applicant must complete the required certification process.

3. The Company may defer approval if there is insufficient capacity in the Service infrastructure or technical or operational challenges.

4. The Company may apply differentiated access to services based on the fee plan chosen by the member, limiting usage time, usage frequency, etc.

5. Agreements with corporations or for specific services, such as custom development, shall be governed by separate contracts.

6. The agreement becomes effective at the moment the Company indicates the completion of the application process during registration.

Article 6 (Restrictions on Use Agreements)

1. The Company, in principle, approves membership applications. However, the Company may decline an application under any of the following circumstances:

If the applicant has previously had their membership terminated under these Terms and Conditions.

If the applicant uses another person's name to submit the application.

If false or incorrect information is provided, or if the applicant fails to include the required information as specified by the Company.

If the application cannot be approved due to the applicant’s fault or if the application violates any provisions set forth in these Terms and Conditions.

If the applicant is deemed to be applying with the intention of using the Service for improper purposes or purposes other than those specified by the Company.

If the applicant’s chosen account name includes or suggests inappropriate expressions, such as sexual content, profanity, racial discrimination, or other offensive language, or if combining the account name with content provided within the Service suggests such inappropriate expressions.

If the applicant is under 18 years of age at the time of application.

If there are any other comparable reasons for which approval is reasonably deemed inappropriate.

2. The Company may temporarily defer approval under the following circumstances until the reasons are resolved:

A natural disaster causes disruption to facilities.

Maintaining the overall quality of the Service becomes challenging.

There is insufficient capacity in the Service infrastructure or technical challenges in providing the Service

There are operational or business risks.

3. If the Company denies or limits approval, it shall notify the Applicant. However, the Company is not obligated to notify if the denial is due to reasons attributable to the Applicant, such as intentional falsehoods or negligence.

Article 7 (Obligation to Protect Personal Information)

The Company prioritizes the protection of members' personal information and endeavors to safeguard it. The Company provides details about the use and protection measures for members' personal information through its Privacy Policy. For more information, please refer to the Privacy Policy.

Article 8 (Management, Protection, and Changes to Member Information)

1. Members are responsible for managing their IDs and passwords and must not allow third parties to use them. The Company is not liable for issues caused by a member’s negligence in managing their account credentials.

2. The Company may restrict the use of IDs if they are deemed likely to cause confusion with personal information exposure, are socially inappropriate, or could be mistaken for the Company or its administrators.

3. If a member suspects unauthorized use of their ID or password by a third party, they must immediately notify the Company and follow its instructions.

4. The Company is not responsible for damages resulting from a member’s failure to notify the Company or follow its instructions regarding unauthorized use.

5. Members may view and modify their personal information through the account settings page. However, certain information like IDs may not be changed unless exceptional circumstances are communicated to the Company.

6. If there are changes to the information provided during registration, members must update the information via the website. The Company is not liable for damages caused by a failure to update the information.

Article 9 (Obligations of the Company)

1. The Company shall promptly repair or restore facilities in the event of disruptions or failures and may temporarily suspend the Service for the following reasons, with notice to members:

Emergency system maintenance or facility repairs.

System replacements or expansions necessary to provide new services.

Service disruptions caused by system failures or network interruptions.

Natural disasters or force majeure events.

2. The Company shall maintain a security system to protect members' personal information and comply with its Privacy Policy.

3. Employees of the Company must not disclose or distribute members’ personal information to third parties without the members' consent.

4. The Company shall address legitimate complaints or feedback from members regarding the Service and inform members of the resolution process and results through appropriate means such as email.

5. The Company shall strive to facilitate procedures and terms related to contracts, changes, and terminations for the convenience of members.

Article 10 (Obligations of Members)

1. When applying for membership, the application form must be completed based on truthful information. If a member registers false information or information belonging to another person, the member cannot assert any rights against the Company, and the Company will not be held liable for any damages resulting from such actions.

2. Members must comply with the provisions of these Terms and Conditions, other regulations established by the Company, and any notices provided by the Company. Members must not engage in activities that disrupt the Company's operations or damage the Company's reputation.

3. Members must adhere to applicable laws, the provisions of these Terms and Conditions, the Company's policies, and guidelines notified or announced by the Company. Members must also refrain from interfering with the Company's operations.

4. Members are prohibited from engaging in the following activities in relation to their use of the Service:

Violating these Terms and Conditions.

Misusing another person’s information, unlawfully collecting another person’s account information, or providing or receiving accounts to/from others.

Copying, modifying, distributing, selling, transferring, lending, providing as collateral, or permitting others to use all or part of the Service or software included in it without the Company's consent, as well as reverse-engineering, extracting source code, or attempting to replicate, disassemble, imitate, or otherwise alter the Service.

Altering information posted by the Company.

Impersonating the Company’s employees, operators, or other related personnel.

Infringing upon the copyrights or intellectual property rights of the Company or third parties.

Damaging the reputation of the Company or third parties or interfering with their operations.

Publicly disclosing or posting obscene or violent language, text, images, sound, or other materials that violate public order and morals.

Sending or mediating the transmission of excessive amounts of information or advertising content that could disrupt stable Service operations.

Distributing computer virus programs that may cause malfunctions in computing or information devices.

Transferring, selling, or providing as collateral the Service usage rights granted by the Company to a third party.

Engaging in illegal activities that violate current laws or other actions contrary to additional guidelines announced for the Service.

5. If the Company requests materials or explanations from members to verify compliance with this article, members must cooperate in good faith.

6. Detailed precautions and other specifics related to Service use under this article are defined in the operating policy. Members who violate the Terms of Service or operating policy may face disadvantages, such as restrictions on Service use, civil or criminal liability, and other penalties.

Article 11 (Restrictions on Service Use)

1. The Company may provide free services (e.g., free trials, tests, or pilot operations) to members before offering Paid Services.

2. Members must not create or upload content within the Service that contains obscene, illegal, cruel, violent, or hateful material; content that disrupts social order; content that infringes on the rights of others; content that violates copyrights; or content that breaches these Terms and Conditions or the operating policies.

3. The Company reserves the right to temporarily suspend, restrict, or permanently terminate a member's use of the Service after prior notice if any of the following actions are identified. However, in cases where urgent action is required, the Company may notify the member after taking action:

Creating or uploading content prohibited under Clause 2 of this Article.

Committing a serious violation of these Terms and Conditions or other regulations established by the Company, or engaging in actions that are objectively deemed to be criminally linked or in violation of applicable laws.

Article 12 (Termination and Withdrawal from the Service)

1. Members may terminate the service agreement at any time by submitting a membership withdrawal request through the Service.

2. The Company may unilaterally terminate the agreement if the member violates these Terms or applicable laws.

3. Upon termination of the agreement, all member data will be deleted except for cases where the Company retains information as required by law or the Privacy Policy.

4. If the Company unilaterally terminates the agreement, it may retain the member’s information for a specified period to address objections or complaints, after which the information will be deleted.

Article 13 (Ownership of Content)

1. The intellectual property rights, including copyrights (such as economic rights, rights to create derivative works, moral rights, and neighboring rights, collectively referred to as "Copyrights"), ownership, and all other related rights and commercialization rights pertaining to the content and services provided by the Company are exclusively owned by the Company. This includes the copyrights and intellectual property rights for all elements related to the Company's services, such as the design of the services, text created by the Company, scripts, AI avatars (e.g., studio avatars, video avatars, photo avatars), video templates, and trademarks, service marks, and logos associated with the services. These rights are owned by or licensed to the Company under applicable laws in South Korea and other jurisdictions.

2. Intellectual property rights and ownership of content created or generated by members within the Service belong to the members. However, by uploading, posting, or transmitting content through the Service, members grant the Company a free, perpetual, and worldwide license to use the content for purposes such as storage, reproduction, distribution, public transmission, display, and the creation of derivative works.

3. When a member creates or generates content within the Service and uploads, posts, or transmits it through the Company's Service, the Company is granted a perpetual, worldwide, and royalty-free license to use the content for purposes such as displaying it within the Service, promoting the Service, operating the Service, improving its functionality, and conducting research for development. This usage includes, but is not limited to, storing, reproducing, distributing, publicly transmitting, exhibiting, distributing, and creating derivative works based on the content.

4. Members must not infringe upon any rights of third parties, including intellectual property rights, or damage the reputation of third parties while using the Service. Additionally, members must not use the Service or its content in violation of laws or in a manner contrary to public order and morals.

Article 14 (Use of Content)

1. The content provided by the Company may be changed or discontinued at any time at the discretion of the Company.

2. Members are prohibited from using the content posted on the Service for unauthorized commercial or personal gain.

3. Members may use the content provided by the Company only within the purposes, scope, and methods explicitly permitted by the Company in writing in advance. Violations of this provision will be considered infringements of copyright and other legal rights, and members will be liable for all direct, indirect, consequential, ordinary, or special damages caused to the Company or third parties.

4. If a member violates these Terms and Conditions by creating or using content inappropriately, the Company may delete or suspend the posting of such content without the member's consent. Additionally, the Company may request third parties to delete or suspend the posting of such content without the member's consent. In such cases, the member is responsible for all direct, indirect, consequential, ordinary, or special damages incurred by the Company and must indemnify the Company.

5. When creating or generating a "My Avatar" within the Service using the member’s own likeness and voice, members must use only their own likeness and voice. The use of a third party's likeness or voice is strictly prohibited. If the member violates this provision and causes harm to the Company, the member will be liable for all direct, indirect, consequential, ordinary, or special damages and must indemnify the Company.

6. The Company provides content "as is," and in the event of damages incurred by a member due to the Company’s fault, the total compensation will not exceed the actual amount of Service fees paid by the member to the Company.

Article 15 (Storage of Content)

1. Content uploaded by members or created through the Service is stored on servers for a specified period depending on the Service plan. Once the storage period expires, the content is automatically deleted.

2. Members cannot claim compensation or file objections regarding the deletion of content due to the expiration of the storage period.

Article 16 (Formation of Paid Service Use Agreements)

1. The Company may provide Paid Services, and members can use them by paying the designated fees.

2. Members purchasing Paid Services must provide accurate payment information, such as credit card details and billing address, and are responsible for any issues caused by incorrect or invalid information.

3. The Company may use third-party payment services to facilitate secure payments. Member payment information may be shared with third parties in compliance with the Company’s Privacy Policy.

4. The Company reserves the right to reject or cancel payment requests in the following cases:

Use of a false or unauthorized identity.

Cases of payment deemed to result from misuse or fraudulent activity, such as multiple payments from the same IP address, sequential payments from similar IDs, payments from flagged high-risk IP addresses, or evidence of previous misuse.

Providing false information or omitting required information during the payment process.

Applications submitted by minors under the age of 18 without the consent of a legal

Payments that have not been or are unlikely to be successfully completed.

Applications submitted by members with a history of violating these Terms and Conditions.

Applications that violate applicable laws, AI ethics, public order and social norms, or the Company’s Terms and Conditions.

5. The Company may temporarily withhold approval under the following conditions until the issue is resolved:

If a technical failure occurs in the Service.

If internal conditions make normal operation of the Service challenging.

6. All prices for the Company's paid services are displayed in USD (U.S. dollars) by default. Prices are subject to change and will take effect 14 days after being posted on the website. Taxes associated with the payment, as required by the member’s jurisdiction, are the member's responsibility.

7. For subscription-based services where members agree to monthly or annual recurring payments, the agreed amount will be automatically charged to the member’s pre-registered payment method on the scheduled date.

8. If a subscription payment fails on the designated date, access to the paid service may be suspended. If the payment issue persists, the Company reserves the right to terminate the subscription service agreement.

9. Members can cancel their subscription payments at any time through their account settings. After cancellation, members will retain access to the paid service until one month from the last payment date. No further payments will be processed after the cancellation date.

10. If a member upgrades to a higher-tier paid service (one with a higher fee) during their subscription, the payment for the higher-tier service will be charged starting on the upgrade date. Fees already paid for the previous service will not be refunded.

Article 17 (Withdrawal of Paid Service Subscription)

1. Members may withdraw from their purchase of Paid Services (including subscription services) within seven (7) days of receiving the service details or from the start of service usage, in accordance with the Act on Consumer Protection in Electronic Commerce, Etc. However, withdrawal is not permitted in the following cases, and these conditions will be clearly disclosed during the purchase process:

The member has already used the Paid Service.

The Terms of Service or policies have been violated, or the service has been misused.

The service or product was provided for free by the Company or a third party.

Other cases where withdrawal would be deemed unreasonable.

2. If a withdrawal request is submitted, the Company will follow the refund procedures as stipulated in the Act on Consumer Protection in Electronic Commerce, Etc.

3. Notwithstanding the above, members may withdraw if the Paid Service differs from what was advertised or agreed upon. Such withdrawal must be made within three (3) months from the service availability date or within thirty (30) days of discovering the discrepancy.

Article 18 (Effects of Withdrawal)

1. The Company shall refund the payment within ten (10) business days from the date the member expresses their intent to withdraw. Refunds will be processed using the same payment method used for the original transaction unless it is not feasible, in which case the member will be informed in advance.

2. When a member requests to withdraw their application (withdrawal of purchase), the Company verifies the purchase details through the payment provider. Additionally, to confirm the validity of the member’s withdrawal reason, the Company may contact the member using the provided information and request additional supporting documents. The Company may suspend the withdrawal process until the verification is completed or reject the withdrawal if the verification is not possible.

3. Upon confirming a member's intention to withdraw their purchase, the Company promptly initiates the refund process by requesting payment cancellation through the payment provider. The refunded amount will generally be processed using the same payment method, deducting the PG (payment gateway) fee. However, this deduction does not apply if the refund is due to the Company's fault.

Article 19 (Refund of Overpayments)

1. If an overpayment occurs, the Company will refund the full amount of the overpayment to the member. However, if the overpayment was caused by the member’s fault and not by the Company’s intent or negligence, the member will bear the actual costs incurred for the refund within a reasonable range.

2. The refund will generally be processed using the same payment method selected by the member. If a refund via the same method is not possible, the refund will be made through a method separately agreed upon between the Company and the member.

3. If the Company delays the refund, it will pay interest for the delay in accordance with the Consumer Protection Act in Electronic Commerce and its Enforcement Decree.

4. If the Company denies a member’s claim for a refund of overpayment, the Company is responsible for proving that the charges were validly applied.

5. To process a refund, the Company may contact the member using the information provided by the member and request any necessary information. The Company will proceed with the refund promptly upon receiving the required information from the member.

Article 20 (Compensation for Paid Service Consumer Damages and Complaint Handling)

1. If the Company’s negligence or intentional actions cause members to be unable to use Paid Services, the Company shall compensate the members within the scope defined by these Terms and applicable laws.

2. Damages under Clause 1 of this Article will not be compensated if they are caused by natural disasters or other force majeure events

3. Members must submit claims for compensation, including details of the claim, amount, and supporting evidence, via email or phone.

4. If a member’s violation of these Terms results in damages to the Company, the member is responsible for compensating the Company.

5. Members who cause damages to third parties through their use of the Service must respond to claims or lawsuits and are liable for compensating the affected parties.

6. The Company operates a customer support center (support@wafour.com) to handle consumer complaints, disputes, and refund issues.

Article 21 (Service Changes and Suspension)

1. The Company may modify all or part of the Service for operational or technical reasons if there is a valid reason.

2. If there are changes to the content, usage methods, or availability of the Service, the Company will notify members of the reasons for the change, the details of the updated Service, and the date of implementation through the methods specified in Article 4, Clause 1 or 2.

3. The Company may modify, suspend, or discontinue some or all of the free services provided to members (e.g., free trials, testing, pilot operations) as needed for its policies or operations. Unless otherwise specified by applicable laws, the Company is not obligated to provide compensation for such changes.

4. The Company may temporarily suspend the provision of services due to unavoidable circumstances, such as system maintenance, equipment replacement, malfunctions, communication outages, or natural disasters. In such cases, the Company will notify members in advance. However, if the suspension is due to reasons the Company could not reasonably foresee, the notification may be provided afterward. The Company is not liable for damages to members resulting from such service interruptions unless there is significant negligence on the part of the Company.

5. The Company may decide to discontinue the Service based on business judgment. In such cases, the Company does not guarantee compensation for members' expected benefits from Service usage. However, the Company will make efforts to notify members in advance and minimize any inconvenience caused by the suspension or discontinuation of the Service.

Article 22 (Disclaimer)

1. The Company is not liable for damages incurred by members if the Service cannot be provided due to the following circumstances:
① Natural disasters or equivalent force majeure events.
② Planned service interruptions for system improvements, equipment expansion, or other reasons necessary for the efficient provision of services, with prior notice given.
③ Faults attributable to third parties with whom the Company has entered into service partnership agreements.
④ Service disruptions caused by the member's own actions or faults.
⑤ Any reasons not attributable to the Company, including cases where the Company has no intent or negligence.

2. The Company is not responsible for content created or generated by members within the Service.

3. The Company is not liable for failure to provide services that are offered free of charge if the failure is due to reasons attributable to the Company.

4. These Terms and Conditions apply only to members who have entered into a service contract with the Company. The Company bears no liability for claims, lawsuits, or damages brought by third parties.

5. The Service may be temporarily suspended or interrupted due to errors in computer or communication systems. The Company does not guarantee the absence of such errors or the security of accounts registered by members during such incidents.

Article 23 (Governing Law and Jurisdiction)

1. These Terms and Conditions are written in Korean, which serves as the authoritative version. These Terms and Conditions and the Service are governed and interpreted in accordance with the laws of the Republic of Korea.

2. In the event of a dispute between the Company and a member regarding the Service, both parties shall sincerely attempt to resolve the issue through mutual agreement. If the dispute persists, it will be handled according to the procedures specified under the Korean Civil Procedure Act, and legal proceedings may be brought before the competent court under the same Act.

Article 24 (Feedback)

Members may provide feedback related to the Service, and the Company may use or disclose such feedback to improve the Service. Members retain no rights, ownership, or benefits from the feedback provided. The Company has no obligation to notify or compensate members for the use or disclosure of their feedback.

Addendum

These Terms and Conditions take effect on November 1, 2024.