Quavatar Terms of Service

These Terms of Service govern the use of Quavatar provided by EoGround Co., Ltd.

Chapter 1. General Provisions

Article 1. Purpose

These Terms of Service are intended to set forth the basic matters concerning the rights, obligations, and responsibilities between Quavatar members and EoGround Co., Ltd. (the "Company") and the conditions and procedures for use of the Quavatar service ("Quavatar" or the "Service") when members use the Service.

Article 2. Definitions

The definitions of terms used in these Terms are as follows.

Article 3. Provision of Identity Information

The Company separately posts the Terms of Service, Privacy Policy, company name, representative's name, business registration number, mail-order business registration number, address, customer center telephone number, email address, and other information on the Service settings screen so that members may easily review such information.

Article 4. Posting, Effectiveness, and Amendment of Terms

1. The Company posts these Terms on the terms consent screen during Quavatar member registration or on the settings screen within the Service so that members may easily review them.
2. The Company may amend these Terms to the extent such amendment does not violate applicable laws, including the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Content Industry Promotion Act, and the Act on the Consumer Protection in Electronic Commerce.
3. If the Company amends these Terms, it will specify the reason for amendment and the effective date and announce the amended Terms together with the current Terms by the method set forth in Article 4(1), from 30 days before the effective date until the day before the effective date, and will notify members by email registered by the members.
4. If the Company has announced or notified the amended Terms under Paragraph 3 and a member does not expressly indicate refusal, the member will be deemed to have agreed to the amended Terms.
5. If a member does not agree to the changed Terms, the member may stop using the Service and terminate the service use agreement.
6. Agreement to these Terms means agreement to regularly visit the Service and check for changes to the Terms. The Company is not liable for damages incurred by a member due to the member's failure to become aware of changed Terms.

Article 5. Rules Other Than These Terms

Matters not provided in these Terms will be governed by applicable laws or separate service operation rules, if any.

Article 6. Interpretation of Terms

1. If there is any dispute concerning the interpretation of these Terms, they will be reasonably interpreted in accordance with applicable laws and general commercial practices.
2. If any provision of these Terms becomes invalid, the validity of the remaining provisions will not be affected.

Chapter 2. Service Use Agreement

Article 7. Formation of the Service Use Agreement

1. The service use agreement is concluded when a person who wishes to become a member (an "Applicant") agrees to these Terms, applies for membership, and the Company accepts such application.
2. The service use agreement may be entered into by individuals who are at least 14 years old or by businesses, including sole proprietors and corporations. A person who registers as a member by misappropriating another person's information may not and must not use services provided by the Company.
3. In principle, the Company accepts an Applicant's application to use the Quavatar Service. However, the Company may refuse to accept an application or terminate the service use agreement afterward if the Applicant uses another person's information instead of a real name, approval is impossible due to a cause attributable to the user, the application is made in a manner that harms or is intended to harm social order or public morals, or the Applicant otherwise violates any matter under these Terms.
4. For an application under Paragraph 1, the Company may request email verification or real-name verification and identity authentication through a specialized institution.
5. The Company may withhold acceptance if there is insufficient capacity in service-related facilities or if technical or operational issues exist.
6. The Company may classify users by type and grade and differentiate use by subdividing service hours, number of uses, service menus, and other matters.
7. If the Company refuses or withholds acceptance of a membership application under Paragraphs 2 and 3, the Company will, in principle, notify the Applicant.
8. The service use agreement is deemed formed when Quavatar displays completion of registration in the application process.

Chapter 3. Obligations of the Parties

Article 8. Changes to Member Information

1. Members may view and edit their personal information at any time by accessing "Profile > Settings > My Account" within the Service. However, device identifiers required for service management, such as device ID or IMEI, email addresses, and similar information may not be editable.
2. While using the Service, members acknowledge that profiles may not be changed immediately due to technical or operational issues related to service facilities, and the Company is not liable for disadvantages arising from this.
3. Members are solely responsible for all consequences arising from failure to update member information.

Article 9. Member Obligations for Information Management

1. Members are responsible for managing the email address and password used for authentication and must not allow any third party to use them.
2. The Company may restrict use of an account if there is a risk of leakage of personal information from the member account, if the account is antisocial or contrary to public morals, or if it may be mistaken for the Company or an operator of the Company.
3. If a member becomes aware that the member's account or password has been stolen or is being used by a third party, the member must immediately notify the Company and follow the Company's instructions.
4. In the case of Paragraph 3, the Company is not liable for disadvantages arising because the member failed to notify the Company or, even after notification, failed to follow the Company's instructions.

Article 10. Account Security and Prevention of Unauthorized Use

1. Members have an obligation to maintain the security of their accounts and are responsible for unauthorized use by third parties.
2. The Company may immediately suspend an account if it detects abnormal signs such as:
   • Abnormally large volumes of access or data requests
   • Suspected use of automated programs
   • Suspected account sharing or sale
   • Other acts suspected to constitute unauthorized use

Article 11. Obligation to Protect Personal Information

1. The Company endeavors to protect members' personal information in accordance with applicable laws, including the Personal Information Protection Act. Protection and use of personal information are governed by applicable laws and the Service's Privacy Policy. However, Quavatar's Privacy Policy does not apply to linked sites other than Quavatar.
2. The Company may process members' biometric information, such as voice and images, to provide the AI Avatar Service, and will obtain separate consent for such processing.
3. Sensitive information of members is processed with separate consent in accordance with the Personal Information Protection Act, and members may withdraw consent at any time.

Article 12. Obligations of the Company

1. The Company does not engage in acts prohibited by applicable laws, these Terms, or individual terms, or acts contrary to public morals, and uses its best efforts to provide the Quavatar Service continuously and stably.
2. The Company must maintain a security system to protect personal information, including credit information, so that members may safely use the Service, and must publish and comply with its Privacy Policy.
3. The Company maintains the personnel and systems necessary to appropriately handle user complaints or requests for remedy arising in connection with use of the Quavatar Service.
4. If the Company determines that opinions or complaints raised by members in connection with use of Quavatar are justified, the Company must handle them. The Company communicates the handling process and results to members through a bulletin board, email, or other means.

Article 13. Obligations of Members

1. Members must not engage in any of the following acts, whether online or offline:
   • Misappropriating another person's information or impersonating another person
   • Registering false information or changing information posted by the Company
   • Engaging in illegal money transactions, fraud, deception, or other acts that violate current law
   • Collecting other members' personal information or account information
   • Posting obscene, indecent, violent, or other content or conduct contrary to public order and morals on the Service
   • Using the Service for unhealthy purposes or for the purpose of mediating such purposes
   • Defaming, damaging the reputation of, infringing the privacy of, or otherwise harming the Company or third parties
   • Infringing copyrights or other intellectual property rights of the Company or third parties
   • Creating account security risks by granting access authority to a third party other than the member
   • Interfering with service operation by repeatedly creating AI avatars for promotional purposes, repeatedly uploading posts to Quavatar Place, or repeatedly registering Codis, subscribing, and canceling subscriptions in Quavatar Market
   • Maliciously using the Service or interfering with operations by intentionally repeating service registration and withdrawal
   • Copying, imitating, or otherwise modifying the Service through reverse engineering, decompilation, disassembly, or any other processing acts
   • Interfering with the Company's normal services by placing a load on the Company's servers through use of the Service by abnormal methods, such as using automated access programs
   • Any other act equivalent to the foregoing or that the Company determines violates operational rules or threatens the Service
2. Members must comply with applicable laws, these Terms, use guides, precautions announced in connection with the Service, and operational rules. If a member violates them, the Company may terminate the service use agreement with the member or restrict use of the Service at its discretion.
3. Members may report to the Company a member or gathering that violates these Terms. Except for matters involving civil or criminal penalties, the Company determines whether and how to restrict service use for violations of these Terms.
4. The Company may request evidence related to a report from a member, and if the report is found to be false, the reporting member may be subject to restrictions on use of the Service.

Chapter 4. Service Provision and Changes

Article 14. Service Details

1. The services provided by the Company to users include the following:
   • Creation of a representative member nickname
   • Provision of AI avatar creation features (the "Quavatar")
   • Provision of Quavatar publication features
   • Provision of interaction features for using Quavatar
   • Provision of Quavatar usage statistics features
   • Provision of features for viewing Picks related to Quavatar
   • Provision of a Place space for publicly uploading outputs (Picks) generated through use of Quavatar
   • Provision of features for liking and commenting on Picks
   • Provision of Quavatar News containing Quavatar news or useful information for users
   • Provision of a Market space for trading Codis needed to create Quavatars
   • Provision of features for registering, selling, and managing Codis
   • Provision of a Profile space where members may view all content they created
   • Provision of features that allow members to connect with friends
2. The Company may add to or change the details of the Service if necessary. In such case, the Company must announce the additions or changes to members by a method equivalent to the amendment procedure set forth in Article 4(3).

Article 15. Display of AI Avatar Details

1. The Company displays the following matters in a manner that members may easily understand through the relevant service onboarding, Quavatar News, or similar means:
   • Name or title of the Service
   • Details of the Service, method of use, and other conditions of use
2. Devices on which the Company's Service may be used and the minimum technical requirements necessary for use are subject to recommended specification information.

Article 16. Provision, Restriction, and Suspension of the Service

1. The Company may divide the Quavatar Service into certain ranges and separately designate available hours for each range. In such case, the Company will announce the details in advance.
2. In principle, the Quavatar Service is provided 24 hours a day, year-round.
3. The Company may temporarily suspend provision of the Quavatar Service if there is maintenance, inspection, replacement, failure of information and communications equipment such as computers, communication interruption, or other substantial operational reason. In such case, the Company will notify members by the method set forth in these Terms. However, if there is an unavoidable reason that prevents prior notice, the Company may provide notice afterward.
4. The Company may conduct regular inspections when necessary to provide the Quavatar Service, and the time of regular inspection will be as announced on the service provision screen.
5. If there is a substantial reason, the Company may change all or part of the services it provides for operational or technical needs, and will post relevant matters on the initial screen of the applicable service.

Article 17. Service Changes and Suspension

1. The Company may change or suspend the Service without prior notice in the following cases:
   • Force majeure events such as natural disasters or national emergencies
   • Inability to operate the Service due to enactment or amendment of applicable laws
   • Occurrence of a material security threat
   • Other reasons beyond the Company's control
2. In the foregoing cases, the Company will announce the reason and schedule without delay afterward.

Article 18. Data Processing upon Service Termination

1. If the Company terminates the Service, it will announce such termination at least three months in advance.
2. Members may download their content until the date of service termination.
3. After service termination, the Company will provide data upon member request for six months.

Article 19. Copyright in User-Generated Content (AI Avatars, Picks, and Codis)

1. Copyrights in AI avatars owned by members or generated through use of the Service and posted within the Service ("User Content"), Picks consisting of outputs obtained through interactions and uploaded to Place within the Service, Codis consisting of elements needed to create AI avatars and registered in Market within the Service, and other User Content belong to the author of the relevant content, and members grant Quavatar non-exclusive rights to the maximum extent permitted by law.
2. AI avatars, Picks, and Codis posted by members within the Service may be exposed in search results, and members may delete such content through management features within the Service.
3. The Company may store and preserve all content, and may view content if a member's violation of laws or operational rules is confirmed, if needed for dispute mediation between members, complaint handling, or maintenance of community order. Except as provided by law, the Company does not provide such content to third parties.
4. If the Company views content under the preceding paragraph, it will notify the members related to the relevant content.

Article 20. Management of User-Generated Content

1. All content registered on the Service may be monitored, and if content violates these Terms or operational rules, the Company may delete posts at its discretion in accordance with applicable law.
2. If a member's content includes material that violates applicable laws, including the Act on Promotion of Information and Communications Network Utilization and Information Protection and the Copyright Act, a rights holder may request suspension of posting, deletion, or other measures for the content in accordance with procedures prescribed by applicable laws, and the Company will take measures in accordance with applicable laws.
3. Detailed procedures under this Article will follow the posting suspension request service determined by the Company within the scope prescribed by the Act on Promotion of Information and Communications Network Utilization and Information Protection and the Copyright Act, and requests for the posting suspension request service may be submitted to the Quavatar Customer Center.
4. If a member terminates the service use agreement or the service use agreement is terminated by the Company, content recorded in the member's account may be deleted at the Company's discretion. However, content and comments posted within common services, including content shared or reposted by other members through scraping or similar means, will not be deleted for normal service use by other members.
5. All user-generated content is the responsibility of the member who registered it, and the Company does not guarantee backups or rights with respect to such content.
6. If required by the Company's service operation policy, integration among applications or sites operated by the Company, or transfer of an individual service to another application or site operated by the Company, the Company may provide the service by changing or transferring the placement of content, or by sharing it among applications or sites, without changing the details of the content.
7. The Company may make all content, including AI avatars, public through internet search and other applications or sites to maximize content exposure and improve service operation.

Article 21. Ownership of Rights

1. Copyrights and intellectual property rights in the Quavatar Service belong to the Company. However, members' posts and works provided under partnership agreements are excluded.
2. In connection with the Quavatar Service, the Company grants members only a right to use accounts, information, and similar items in accordance with conditions of use determined by the Company. Members must not assign, sell, provide as collateral, or otherwise dispose of such rights unless permitted by the Company.

Article 22. Characteristics and Limitations of AI Services

1. Content generated by AI avatars is based on trained data, and factual accuracy is not guaranteed.
2. Members are responsible for decisions made as a result of interactions with AI avatars.
3. The Company is not liable for inaccurate information provided due to limitations of AI technology unless caused by the Company's intent or gross negligence.

Article 23. Provision of Information and Display of Advertisements

1. The Company may provide members with various information deemed necessary for use of the Service through notices, email, or other methods. However, members may refuse receipt by email or similar means at any time, except for transaction-related information and responses to customer inquiries under applicable law.
2. If the Company intends to transmit information under Paragraph 1 by electronic transmission media, it will obtain the member's prior consent. However, transaction-related information and responses to customer inquiries may be transmitted without prior consent.
3. If a user consents to receive notifications regarding Quavatar Service activities, the Company provides information to the user through electronic transmission media such as email and app push notifications.
4. Users may disable notification features at any time through notification settings on the settings screen.
5. The Company may request additional personal information with member consent for purposes such as service improvement and introduction.
6. The Company may display advertisements on service screens, the homepage, and similar areas directly or through affiliated third parties.
7. If a user consents to receive notifications for Quavatar marketing information, the Company provides information to the user through electronic transmission media such as email and app push notifications. Members who receive advertising information may refuse receipt at any time if they do not want to receive it, and the Company will not send advertising information after a member refuses receipt.

Chapter 5. Miscellaneous

Article 24. Notice to Members

1. When the Company gives notice to a member, it may do so through the site screen used when the member applies to use the Service, the email address submitted during member registration, or similar means.
2. For notice to an unspecified number of members, the Company may substitute individual notice by posting the notice on the site for at least seven days.

Article 25. Withdrawal of Membership and Loss of Qualification

1. When a member wishes to terminate the service use agreement, the member may apply for withdrawal through the Profile "Settings" menu in Quavatar, and the Company will immediately process the withdrawal.
2. Upon withdrawal of membership, all information related to the member's account is deleted and cannot be restored. However, posts, comments, likes, and similar items created before withdrawal may remain. The member is responsible for all disadvantages arising from withdrawal.
3. If a member falls under Article 13, the Company may restrict, suspend, or revoke the member's membership qualification by an appropriate method.

Article 26. Member Withdrawal of Offer and Termination of Agreement

1. Members may apply to terminate the service use agreement at any time through the account deletion screen within the Service, and the Company must process such application immediately in accordance with applicable law.
2. If a member terminates the agreement, the member's account data will be destroyed immediately upon termination, except where the Company retains member information in accordance with applicable law and the Privacy Policy.
3. Even if a member terminates the agreement, posts registered by the member and member posts saved, scraped, or shared by others will not be deleted for normal service use by other members.

Article 27. Refunds of Subscription Fees

1. If a member uses paid services through a mobile application, payment and refunds are governed by the policies of each app store, such as the App Store or Google Play Store.
2. Refunds of subscription fees paid through in-app purchases are handled as follows:
   • Apple App Store: Refund requests are submitted through Apple in accordance with Apple's refund policy.
   • Google Play Store: Refund requests are submitted through Google in accordance with Google's refund policy.
   • Other Platforms: The refund policy of the applicable platform applies.
3. The Company does not have direct authority to issue refunds for in-app purchases, and refund-related inquiries should be directed to the customer center of the applicable app store.
4. Separately from app store policies, service use may be restricted by the Company in the following cases:
   • Suspension of service use due to a member's violation of these Terms
   • Use of the Service by improper means
   • Other cases falling under reasons for use restriction determined by the Company
5. For direct payments through the web version, withdrawal of offer and refund provisions under the Act on the Consumer Protection in Electronic Commerce apply.

Article 28. Restrictions on Use

1. If a member violates obligations under these Terms or interferes with operation of the Service, the Company may restrict use of the Service in stages, including warnings, temporary suspension, and permanent suspension of use.
2. Notwithstanding the preceding paragraph, if a member violates applicable laws, such as identity theft or payment theft in violation of the Resident Registration Act, phone number theft, provision of illegal programs or operational interference in violation of the Copyright Act or the Computer Programs Protection Act, illegal communications or hacking in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, distribution of malicious programs, or acts exceeding access authority, the Company may immediately impose permanent suspension of use. Upon permanent suspension of use under this Article, benefits and similar items obtained through use of the Service will also be forfeited, and the Company will not provide separate compensation.
3. If a member does not log in for a period determined by the Company, the Company may restrict use to protect member information and improve operational efficiency.
4. Within the scope of use restrictions under this Article, the conditions and details of restrictions are governed by the Company's use restriction policy.
5. Members may file an objection to restrictions on use under this Article in accordance with procedures determined by the Company. If the Company recognizes the objection as justified, the Company will immediately resume service use.

Article 29. Scope of Damages

1. The scope of damages compensated by the Company to a member will not exceed the service fees paid by the member.
2. The Company does not compensate indirect, special, consequential, or punitive damages.

Article 30. Limitation of Liability

1. If the Company is unable to provide the Service due to natural disasters, war, suspension of service by a key telecommunications service provider, or similar force majeure events, the Company is exempt from liability for provision of the Service.
2. The Company is exempt from liability for damages arising from unavoidable reasons such as repair, replacement, regular inspection, or construction of service facilities.
3. The Company is not liable for service use failures caused by reasons attributable to users.
4. The Company is not liable for transactions or similar dealings conducted between members or between a member and a third party through the Service.
5. The Company is liable only within a reasonable scope for disputes, defamation, fraud, various civil or criminal matters, or other damages between members arising during use of the Service, whether online or offline.
6. Unless otherwise specifically provided by applicable law, the Company is liable only within a reasonable scope in connection with use of all services provided by the Company.
7. The Company is liable only within a reasonable scope for the reliability, accuracy, and other details of information and facts provided by AI avatars.
8. The Company does not warrant the accuracy, timeliness, validity, or similar qualities of products or information provided by third parties displayed on the service screen, bears no liability in connection with them, and is not liable for damages caused by information obtained by users while using the Service.
9. Separate charges may be incurred depending on a member's wireless network plan when accessing a wireless network to use the Service, and the Company is not responsible for members' data usage fees.
10. The Company has no obligation to monitor, and bears no liability for, the content and quality of products or services advertised by third parties through screens within the Service or linked websites.

Article 31. Governing Law and Jurisdiction

1. Lawsuits filed between the Company and members are governed by the laws of the Republic of Korea, and the Seoul Central District Court has exclusive jurisdiction.
2. Jurisdiction over disputes arising between overseas users and the Company will be determined in accordance with the Civil Procedure Act, and the laws of the Republic of Korea will apply.