Terms of Service

Article 1 (Purpose)

The purpose of these Terms of Service is to define the rights, obligations, responsibilities, and other necessary matters between ColorTone (hereinafter referred to as the "Company") and the users (hereinafter referred to as the "Member") regarding the use of the AI image and video generation services (hereinafter referred to as the "Service") provided by the Company.

Article 2 (Definition of Terms)

1. "Service" refers to the AI-based image/video analysis and generation services and all related supplementary services provided by the Company.
2. "Member" refers to a customer who accesses the Service, enters into a use agreement with the Company in accordance with these Terms, and uses the Service.
3. "Credit" refers to the virtual payment method used within the Service to use AI analysis and generation features.
4. "Content" refers to all information such as text, images, and videos uploaded by the Member to the Service or generated by the AI through the Service.

Article 3 (Clarification and Amendment of Terms)

1. The Company shall post the contents of these Terms on the service screen so that Members can easily access them.
2. The Company may amend these Terms to the extent that they do not violate relevant laws. In the event of an amendment, the Company shall announce the effective date and the reason for the amendment at least 7 days prior to the effective date.

Article 4 (Conclusion of Use Agreement)

1. The use agreement is concluded when a person who wishes to become a Member agrees to the contents of the Terms and applies for membership, and the Company accepts such application.
2. In principle, the Company shall accept the application for use by the applicant. However, the Company may refuse to accept or terminate the use agreement afterwards if the applicant has previously lost membership status or used a false name.

Article 5 (Protection of Personal Information)

The Company endeavors to protect the personal information of Members as prescribed by relevant laws such as the Personal Information Protection Act. Regarding the protection and use of personal information, the relevant laws and the Company's Privacy Policy shall apply.

Article 6 (Company's Obligations)

1. The Company shall not engage in acts prohibited by laws or these Terms and shall do its best to provide the Service continuously and stably.
2. The Company shall have a security system to protect personal information so that Members can use the Service safely.

Article 7 (Member's Obligations)

1. Members shall not engage in the following acts:
   • Registering false information when applying or changing information
   • Infringing upon the intellectual property rights of the Company or third parties
   • Acts that damage the reputation of the Company or third parties or interfere with business
   • Uploading or generating obscene, violent, or illegal content
   • Using the Service for commercial purposes without the Company's prior consent

Article 8 (Service Provision and Change)

1. In principle, the Service is provided 24 hours a day, year-round.
2. The Company may temporarily suspend the provision of the Service in the event of maintenance, replacement, or breakdown of information and communication equipment.
3. The Company may modify or change the contents of the Service if there are substantial reasons.

Article 9 (Use of Credits and Refunds)

1. Members may purchase and use Credits to use specific features of the Service.
2. Credits are deducted immediately upon the start of AI generation, and used Credits cannot be restored.
3. Refunds for purchased Credits follow the Company's refund policy and relevant laws (Act on Consumer Protection in Electronic Commerce). However, refunds are not possible for Credits that have already been partially used.
4. Payments in USD are processed through TossPayments' overseas payment gateway with PayPal as the payment method. All payment authorization, settlement, cancellation, and refund requests are handled in accordance with TossPayments' policies and PayPal's terms.
5. When a USD payment is refunded, exchange rate differences between the original charge and the refund settlement amount arise from currency conversions performed by PayPal and the member's card issuer. Such exchange rate differences are borne by the member, and the Company does not compensate for these losses.

10. Use of Content and Rights

1. The rights to the content uploaded by the Member to the Service belong to the Member.
2. The Member grants the Company a license to use the content generated through the Service for the purpose of operating, improving, and promoting the Service (including display in the gallery).
3. The Member must not generate content that infringes upon the rights of third parties and is solely responsible for any disputes arising from this.
4. When a Member sets content to public in the gallery, the Member is deemed to consent to such content being exposed, provided, or redistributed to third parties through the Company's API, AI agents/bots, or other automated means. The Member may keep content private or revoke its public status at any time.
5. When publishing content that can identify an individual (such as facial photos), the Member must hold the legitimate rights (including consent of the data subject or any third party) to make such content public and redistributable, and is solely responsible for any disputes regarding portrait rights or personal information.

Article 11 (Limitation of Liability)

1. The Company shall be exempt from liability for service provision if it is unable to provide the Service due to natural disasters or force majeure.
2. The Company is not responsible for any interruption in service use caused by the Member's fault.
3. The Company is not responsible for any loss of expected profit by the Member through the Service, nor for any damages resulting from materials obtained through the Service.
4. The Company does not guarantee the accuracy, completeness, or legality of AI-generated content, and the responsibility for the use of generated content lies with the user.

Article 12 (Copyright and Intellectual Property Rights)

1. Copyrights and other intellectual property rights for the Service itself belong to the Company.
2. Members shall not use information obtained through the Service for commercial purposes or allow third parties to use it by means of reproduction, transmission, publication, distribution, broadcasting, etc., without the prior consent of the Company.

Article 12-2 (Data Redistribution and Automated Access)

1. The Company may permit access to the Service through automated means such as AI agents, bots, and scripts, subject to separately defined policies and authentication procedures (e.g., API keys).
2. Members and third parties shall not reproduce, store, redistribute, resell, or provide to any third party the following data without the Company's prior written consent:
   • Lottery result data — viewing and on-screen display are permitted, but any redistribution, bulk reproduction, or resale is prohibited. Rights to the original source of this data belong to its issuing authority.
   • Data classified as private by the Company, and other Members' private content.
3. When citing or sharing Company-owned data such as AI predictions and statistics externally, the Member must attribute the source ("ColorTone") and include a disclaimer to the effect that "this information is for reference only and does not guarantee winning or any specific outcome."
4. The Company may restrict access or suspend the relevant key if automated access impairs the stable operation of the Service or violates these Terms.

Article 13 (Dispute Resolution)

1. Any disputes arising between the Company and the Member shall be resolved amicably through mutual agreement.
2. If an agreement is not reached, a lawsuit may be filed with the competent court, and the jurisdiction shall be determined in accordance with the Civil Procedure Act.

Addenda

• Announcement Date: January 1, 2025
• Effective Date: January 1, 2025

These Terms were amended as follows (Article 10: consent to public disclosure/redistribution of content; new Article 12-2: Data Redistribution and Automated Access):

• Announcement Date: June 7, 2026
• Effective Date: June 14, 2026