Terms of Service

Company

Fairium

Representative

Jung-hwi Kim

Service

GenToon

Contact

service@gentoon.ai

Article 1 (Purpose)

These Terms of Service (hereinafter “Terms”) set forth the rights, obligations, and responsibilities between Fairium (hereinafter the “Company”) and users in connection with the use of GenToon (hereinafter the “Service”), an AI-powered webtoon creation platform provided by the Company, as well as other matters necessary for such use.

Article 2 (Definitions)

The terms used in these Terms shall have the following meanings:

1. “Service” refers to all features provided by the Company, including AI image generation, character management, webtoon project editing, community, character shop, and related functionalities.
2. “User” refers to any person who agrees to these Terms and uses the Service.
3. “Member” refers to a User who has registered an account with the Company and has been assigned user identification information.
4. “Credits” refers to digital usage units required to access AI features within the Service.
5. “Content” refers to all data, including images, text, and projects, that a User creates or uploads through the Service.
6. “Reference Image” refers to an image uploaded as reference material for AI image generation.

Article 3 (Effectiveness and Modification of Terms)

1. These Terms shall become effective upon being posted on the Service or otherwise communicated to Users.
2. The Company may amend these Terms to the extent permitted by applicable law and shall notify Users of any amendments within the Service no later than seven (7) days prior to the effective date of such amendments.
3. If a User does not agree to the amended Terms, the User may terminate the service agreement. Continued use of the Service after the effective date of the amended Terms shall constitute acceptance of the amended Terms.

Article 4 (Description of the Service)

The Company provides the following services:

1. AI-powered webtoon image generation (utilizing Google Gemini models)
2. AI-powered automatic script generation
3. Character reference registration, management, and character shop
4. Canvas-based webtoon project editing and saving
5. Community (posting works, commenting, following)
6. Downloading and exporting generated content
7. Any additional services the Company may develop or provide through partnerships

Article 5 (Formation of Service Agreement)

1. A service agreement is formed when a User agrees to these Terms and the Privacy Policy, applies for membership, and the Company accepts such application.
2. Membership registration is available through Google, Apple, or Kakao social login.
3. Marketing communications consent is separate and optional. Pursuant to Article 50 of the Korean Act on Promotion of Information and Communications Network Utilization and Information Protection, the Company obtains consent for marketing or advertising communications separately from the mandatory registration consents. Users who do not consent to marketing communications retain full access to the Service, and may withdraw consent at any time through the Settings menu or via the unsubscribe link in any email.
4. The Company may refuse to accept a membership application or subsequently terminate a service agreement in any of the following circumstances:
   • The applicant has misappropriated another person's information or provided false information
   • A child under the age of 14 has registered without the consent of a legal guardian (Personal Information Protection Act, Article 22-2)
   • The purpose of registration violates applicable law or is intended to undermine public order

Article 6 (Paid Services and Subscriptions)

1. The Company offers the following subscription plans:

   Plan	Monthly Fee	Monthly Credits	Characters	Storage
   Free	Free	150	5	300 MB
   Lite	$10/mo	800	6	1 GB
   Starter	$19/mo	2,000	7	3 GB
   Pro	$39/mo	5,000	15	8 GB
   Premium	$190/mo	27,000	20	20 GB

2. Subscriptions renew automatically on a 30-day cycle and are charged to the registered payment method. Users may cancel at any time before the renewal date and shall retain access to the Service until the end of the current billing cycle.
3. Monthly credits reset at the beginning of each billing cycle, and unused credits do not carry over. Separately purchased credits do not expire.
4. In the event of a payment failure, the Company will retry the charge a reasonable number of times. Repeated failures may result in an automatic downgrade to the Free plan.
5. Watermark policy. Images generated under the Free, Lite, and Starter plans automatically bear a GenToon watermark. The watermark may be removed beginning with the Pro plan, and Premium subscribers may upload a custom watermark.
6. All prices are inclusive of applicable taxes (VAT).

Article 7 (Payment)

1. Payments are processed through Polar. The following payment methods are accepted:
   • Credit and debit cards
   • Any additional payment methods introduced by the Company
2. The Company does not directly store card information. Polar processes all payment information securely in compliance with PCI-DSS standards. The Company retains only the card brand and last four digits for display purposes.
3. Users who wish to receive a cash receipt may register their receipt type (income deduction or expenditure verification) and identification information (mobile phone number, business registration number, or cash receipt card number) in the Service settings.

Article 8 (Withdrawal and Refunds)

1. A Member may withdraw from a paid service purchase within seven (7) days from the date of purchase or from the date the Service became available.
2. However, withdrawal may be restricted in any of the following circumstances (Korean Act on the Consumer Protection in Electronic Commerce, Article 17(2) proviso):
   1. AI credits have already been used to generate content
   2. Delivery of digital content has commenced (including upon subscription activation or credit top-up where credits become immediately available)
   3. The content was individually produced pursuant to the Member's order
3. Credit Gift purchases are non-refundable. When a Member pays separately to gift credits to another user, the new credits are deposited into the recipient's account immediately upon payment, which constitutes commencement of digital content delivery. Therefore, the sender may not request withdrawal or refund of a Gift purchase. However, where the payment itself was made through unauthorized use (e.g., third-party misuse of payment instruments), the matter shall be handled through the dispute procedures of the relevant payment processor or financial institution.
4. Credit recovery upon refund. The Company applies the following policy when recovering credits in connection with a refund:
   1. Subscription (membership) refund: only Membership credits (Type A) are zeroed out; separately purchased credits (Type B) are preserved.
   2. Credit pack (Type B) refund: only the amount of credits originally added by that purchase is deducted from the remaining Type B balance; credits already consumed are not clawed back.
   3. This policy is intended to protect Members' rights, ensuring that separately purchased credits remain usable even after a refund.
5. The Company shall refund the amount already paid within three (3) business days from the date the withdrawal request is received. If the Company delays the refund, it shall pay interest on the delayed amount at the rate prescribed by applicable law.
6. Refunds shall, in principle, be made to the original payment method. Processing times may vary depending on the payment method.
7. In the event of an overpayment, the Company shall refund the overpaid amount within three (3) business days after verification. If the overpayment resulted from the Company's fault, the full amount shall be refunded. If the overpayment resulted from the Member's fault, the actual costs incurred in processing the refund may be deducted.

Article 9 (Intellectual Property Rights and Copyright)

1. Rights to Content created by Users through the Service belong to the respective Users. Whether copyright protection applies to AI-generated works shall be determined in accordance with applicable law. Users may freely use generated Content for personal and commercial purposes within the license granted by their subscription plan.
2. No use of User content for AI training. The Company does not use Users' prompts, uploaded Reference Images, or generated outputs to train any AI model, whether its own or that of any third party. Generation is performed via the Google Gemini API; per Google's policy, paid API call data is not used for model training, and the Company does not build any internal training dataset. Any future change to this policy will be communicated in advance and will require explicit Member consent.
3. No User-side model training using Service outputs. Without the prior written consent of the Company, Users shall not collect, use, or redistribute outputs, interfaces, or metadata from the GenToon Service for the purpose of training, fine-tuning, or distilling any other AI model.
4. Users bear full legal responsibility for all Reference Images they upload. Users warrant the following:
   • They hold lawful rights to use the images they upload
   • The uploaded images do not infringe upon the copyrights, portrait rights, trademark rights, or other rights of any third party
   • They shall bear full responsibility for the commercial use of any Content generated from Reference Images that infringe upon third-party rights
5. The Company merely provides AI image generation tools and does not review or guarantee whether Content created by Users infringes upon any copyrights.
6. Users shall bear all civil and criminal liability arising from any infringement of third-party rights. If the Company suffers damages as a result, the User shall be liable for such damages.
7. The Company may use Content that Users have voluntarily made public on the Community for purposes of service improvement, promotion, and marketing. Content in private projects shall not be so used. In any case, the User's personal information shall not be disclosed.

Article 10 (User Obligations)

Users shall not engage in any of the following activities:

1. Misappropriating another person's information or providing false information
2. Infringing upon the copyrights or other intellectual property rights of the Company or any third party
3. Creating content that violates public order, including pornographic or violent content
4. Creating content that sexually exploits or depicts minors
5. Defaming others or causing harm to their interests
6. Interfering with the stable operation of the Service (unauthorized access, automated scripts, etc.)
7. Collecting, reproducing, or distributing data within the Service without authorization
8. Any other activities that violate applicable laws and regulations

Article 11 (Restriction of Service Use)

1. The Company may take measures such as issuing warnings, temporary suspension, or permanent suspension of access if a User violates obligations under these Terms or disrupts the normal operation of the Service.
2. The Company may terminate the service agreement without prior notice in any of the following cases:
   • Unauthorized use of another person's account or payment method
   • Deliberate interference with Service operations
   • Creation or distribution of illegal content
   • Repeated infringement of third-party copyrights
3. The Service is subject to API request rate limits. Abnormally frequent requests may be automatically blocked.

Article 12 (Community)

1. Users may post Content they have created to the community, and such posted Content shall be visible to other Users.
2. If Content posted to the community infringes upon third-party rights or constitutes a prohibited activity under Article 10 of these Terms, the Company may delete or restrict access to such Content without prior notice.
3. Users may set a separate nickname when using the community. Users are solely responsible for their chosen nicknames.

Article 13 (Disclaimer)

1. The Company shall be exempt from liability if it is unable to provide the Service due to force majeure events, including natural disasters, war, or telecommunication failures.
2. The Company shall not be liable for any service disruptions caused by the User's own fault.
3. The Company does not warrant the legality, accuracy, or completeness of any Content created by Users through the Service.
4. Due to the nature of AI technology, generated results may differ from expectations. This alone shall not constitute grounds for a refund.
5. The Company shall not be held liable for any disputes or damages arising from Reference Images uploaded by Users or Content that infringes upon the rights of third parties.
6. The Company is under no obligation to intervene in disputes arising between Users or between a User and a third party in connection with the Service.

Article 14 (Liability for Damages)

1. The Company shall compensate Users for damages caused by its willful misconduct or gross negligence.
2. If a User causes damages to the Company by violating these Terms, the User shall be liable for such damages.
3. If the Company is subject to claims, litigation, or other legal proceedings by a third party as a result of a User's unlawful conduct or violation of these Terms, the User shall indemnify and hold the Company harmless at the User's own expense.

Article 15 (Termination and Account Deletion)

1. Users may request termination of the service agreement (account deletion) at any time through the Service settings or customer support.
2. Upon receiving a deletion request, personally identifiable information shall be de-identified immediately. All data, including projects, characters, and generated images, shall be permanently deleted after a 30-day grace period. Users may revoke the deletion request through customer support during the grace period. Information required to be retained by applicable law shall be stored separately for the prescribed period and then destroyed.
3. If a User with an active paid subscription requests account deletion, refunds for the remaining period shall be governed by Article 8.

Article 16 (Dispute Resolution)

1. Disputes between the Company and Users shall, in principle, be resolved through mutual consultation.
2. If mutual consultation fails, either party may seek mediation through the Content Dispute Resolution Committee established under the Content Industry Promotion Act of the Republic of Korea.
3. Any litigation arising from these Terms shall be filed with a court of competent jurisdiction as prescribed by the Civil Procedure Act of the Republic of Korea.

Article 17 (Governing Law)

The interpretation of these Terms and any disputes between the Company and Users shall be governed by the laws of the Republic of Korea.