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 entirely optional. We request consent for marketing or promotional communications apart from the consents required to create an account. Declining does not limit your access to the Service, and you 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
   • The applicant does not meet the minimum age to use the Service. The Service is not directed to children. You must be at least 13 years old (or the minimum age of digital consent in your country, if higher) to create an account. Where you are under the age of majority in your jurisdiction, you may use the Service only with the involvement and consent of a parent or legal guardian. The Company may refuse or terminate any account that does not meet these requirements.
   • 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. Prices shown for the Service are exclusive of tax unless a tax-inclusive price is expressly displayed for your region. Because Polar Software Inc. acts as the merchant of record (seller of record) for your purchase, Polar determines, calculates, and applies any sales tax, VAT, GST, or other transaction tax required for your billing location, and that tax is added on top of the listed price at checkout. The final amount payable, including any applicable tax, is the total shown on the Polar checkout screen before you confirm payment.

Article 7 (Payment)

1. Payments for the Service are processed by Polar Software Inc. (“Polar”), which acts as the merchant of record (reseller) for purchases made on the Service. This means Polar — not the Company — is the seller of record for your transaction, handles billing, and is responsible for collecting and remitting any applicable transaction taxes. Your purchase is also subject to Polar's Terms of Service and Privacy Policy made available at checkout. The following payment methods are accepted: credit and debit cards, and 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. Polar Software Inc., as the merchant of record, issues the invoice or payment receipt for your purchase, including any applicable tax. You can access your purchase receipts and billing history through your account and through the receipt Polar emails after each successful payment. If you require a VAT/GST invoice or other tax documentation for business purposes, you may request it from the Company at service@gentoon.ai or directly from Polar. Tax documentation specific to a particular country (for example, Korean cash receipts) is made available only where that country's law requires it.

Article 8 (Right of Withdrawal and Refunds)

1. Digital nature of the Service. Credits and subscriptions are digital products that grant immediate access to digital content. By starting a subscription, topping up Credits, or generating content, you expressly acknowledge that performance has begun and you consent to the immediate supply of digital content.
2. Loss of the right of withdrawal for digital content. To the extent permitted by the consumer-protection law applicable to you, your right of withdrawal is lost once supply of the digital content has begun, in particular where: (a) Credits have already been used to generate content; (b) a subscription or credit top-up has been activated and the Credits have become available for use; or (c) content was individually produced at your request.
3. Refund eligibility. Where the loss of the right of withdrawal above does not apply, the Company will refund a subscription or credit-pack purchase within 7 days of the transaction provided that no Credits from that purchase have been used and the digital product has not been substantially consumed.
4. Buyers in the EU, the United Kingdom, and the United States. Nothing in these Terms limits any statutory withdrawal, cancellation, or refund right you may have under the mandatory consumer-protection law of your country, state, or province of residence (for example, the EU/UK consumer right of withdrawal for digital content), to the extent such rights cannot be waived by contract.
5. Credit Gift purchases are non-refundable. When you pay separately to gift Credits to another user, the new Credits are deposited into the recipient's account immediately upon payment, which constitutes the commencement of digital-content delivery. The right of withdrawal is therefore lost and the Gift purchase is non-refundable. Where a payment was made through unauthorized use of a payment instrument, the matter is handled through the dispute procedures of Polar Software Inc. and the relevant card network or financial institution.
6. Credit recovery upon refund. Where a refund is granted, the Company recovers Credits as follows: (a) on a subscription (membership) refund, only Membership Credits (Type A) are zeroed out, and separately purchased Credits (Type B) are preserved; (b) on a credit-pack (Type B) refund, only the number of Credits added by that purchase is deducted from the remaining Type B balance, and Credits already consumed are not clawed back.
7. How refunds are issued. Because Polar Software Inc. acts as the merchant of record, approved refunds are returned to your original payment method through Polar. Processing times vary by payment method and card network, and typically take 3–10 business days to appear on your statement after the refund is issued.
8. Payment disputes and chargebacks. Disputes and chargebacks for purchases processed by Polar are handled in accordance with Polar's terms and the applicable card-network rules. If you believe you were charged in error, contact service@gentoon.ai or raise a dispute with Polar or your card issuer.

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 (Governing Law and Dispute Resolution)

1. Merchant of Record. Payments for the Service are processed by Polar Software Inc. (“Polar”), which acts as the merchant of record (reseller) for your purchase. Polar — not the Company — is the seller of record for the transaction, handles billing, charges applicable taxes, and is responsible for transaction-level matters such as chargebacks and payment disputes. Your relationship with the Company for use of the Service is governed by these Terms; your purchase transaction is additionally subject to Polar's Terms of Service and Merchant of Record terms made available at checkout.
2. Informal Resolution First. The Company and Users shall first attempt in good faith to resolve any dispute through consultation by contacting service@gentoon.ai. Most concerns can be resolved this way. If a payment, billing, refund, or chargeback issue concerns your purchase transaction, you may also raise it directly with Polar as the merchant of record, or with your card issuer or payment provider under their applicable terms.
3. Governing Law. Except where applicable law provides otherwise, these Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the Republic of Korea, where the Company is established, without regard to its conflict-of-laws rules. This governing-law choice does not deprive you of the protection of any mandatory provision of the consumer-protection law of your country, state, or province of residence that cannot be derogated from by agreement; where those laws grant you rights that cannot be waived by contract, those rights continue to apply to you.
4. Consumer Rights and Forum. If you are a consumer, you may bring a claim in the courts of, and under the consumer-protection law of, the country or state where you reside, where applicable law gives you that right. Nothing in these Terms requires you to litigate outside your home jurisdiction where local law prohibits it, waives any non-waivable statutory right, or limits any remedy that applicable law does not permit to be limited. Nothing in this Article affects your right to use any independent alternative dispute resolution or online dispute resolution body available to you under the law of your jurisdiction.