xbrush Terms of Service

Article 1 (Purpose)

These Terms of Service ("Terms") govern the use of "xbrush" ("Service"), an AI-based image and video generation service provided by Lightweight Inc. ("Company"), and establish the rights, obligations, and responsibilities between the Company and Users.

Article 2 (Definitions)

1. "Service" refers to all services provided by the Company, including AI-based image/video generation, editing, storage, and sharing.
2. "User" refers to both Members and non-members who use the Service.
3. "Member" refers to a person who has agreed to these Terms and completed registration.
4. "Model (Person)" refers to a Member who creates and registers a Persona (PA) or Voice Profile using their likeness, voice, or physical characteristics.
5. "Advertiser"refers to a Member who uses a Model's Persona (PA) or Voice Profile to create AI outputs.
6. "Persona (PA, Personalized Asset)"refers to AI model assets created by learning a Model's face, voice, style, etc.
7. "Voice Profile"refers to AI voice synthesis assets created by learning a Model's voice characteristics.
8. "AI Output" refers to content such as images, videos, and audio generated through the Service.
9. "License Pack" refers to a package of rights allowing Advertisers to use PA/Voice Profile according to conditions set by the Model (period, media, region, etc.).
10. "Credits" refers to virtual currency used within the Service.

Article 3 (Effect and Modification of Terms)

1. These Terms take effect when posted on the Service or announced through other means.
2. The Company may modify these Terms as necessary within the scope of applicable laws.
3. When modifying the Terms, the Company will announce the changes at least 7 days before the effective date. For changes unfavorable to Users, at least 30 days' notice will be provided.
4. Users who do not agree to the modified Terms may discontinue use and withdraw their membership. Continued use after the effective date constitutes acceptance of the modified Terms.

Article 4 (Membership Registration)

1. Membership is established when a User agrees to these Terms and completes the registration form.
2. The Company may refuse registration or terminate membership if:
   • Using another person's identity
   • Providing false information
   • Under 14 years of age
   • Not meeting other conditions set by the Company
3. Persona (PA) registration is available only to Members 19 years or older.

Article 5 (Model Registration and Persona Management)

1. Models may create and register Personas (PA) or Voice Profiles using their own likeness and voice.
2. Models may configure the following settings for their Persona:
   • License pricing
   • Usage period
   • Sensitive industry restrictions
   • Review rights (pre-approval before Advertiser use)
3. Models retain rights to their Personas and may request deletion at any time. However, existing license agreements remain valid until their expiration.
4. Creating Personas using another person's face requires their written consent.Creating Personas using minors' faces is prohibited.

Article 6 (License and Usage Rights)

1. Advertisers may use Personas or Voice Profiles by purchasing License Packs set by Models.
2. Licenses are non-exclusive and valid only within the scope specified in the License Pack (period, media, region, etc.).
3. Upon license expiration, Advertisers must cease use and remove all AI outputs from all channels within 14 days. Only internal archival is permitted.
4. Use beyond the license scope, sub-licensing to third parties, and retraining AI using outputs are prohibited.

Article 7 (Payment and Refunds)

1. Service fees follow the pricing policy posted on the website.
2. Payment is made by credit card or other methods designated by the Company.
3. Refund Policy:
   • Unused credits: Full refund within 7 days of purchase
   • Partially used credits: Pro-rata refund of unused portion (within 7 days, cancellation fees and payment processing fees may apply)
   • After 7 days: No refund
   • Promotional/event credits: No refund
   • After license use begins: Generally non-refundable
   • Termination due to Terms violation: No refund of remaining balance or credits
4. Subscriptions may be cancelled anytime before the next billing date.

Article 8 (Prohibited Activities)

Users shall not engage in the following activities:

Article 9 (Intellectual Property Rights)

1. Intellectual property rights for the Service, including technology, software, and design, belong to the Company.
2. Publicity rights (portrait rights, name rights, etc.) of Models belong to the respective Models.
3. Personas, Voice Profiles, and related AI technology belong to the Company or technology providers.
4. Rights to AI Outputs:
   • Users have usage rights for AI outputs they create, within the license scope.
   • AI outputs using Personas are subject to the license terms.
   • Ownership of AI outputs is not transferred to Users.
5. Users are responsible for any third-party rights infringement caused by content they create.

Article 10 (Content Provenance and Attribution)

1. The Company may attach content provenance information (C2PA metadata or invisible watermarks) to AI outputs.
2. Users shall not remove, alter, or circumvent content provenance information.
3. Visible attribution such as "AI generated/edited, Model name/ID, Tool name" may be required depending on Model or license conditions.

Article 11 (Service Restrictions)

1. If a User violates these Terms or engages in prohibited activities, the Company may take the following actions without prior notice:
   • Delete or block access to the content
   • Restrict or suspend service use
   • Revoke membership
2. Accounts inactive for more than 1 year may be marked as dormant.

Article 12 (Service Interruption)

The Company may temporarily suspend the Service for maintenance or system upgrades. Users will be notified in advance, except in emergencies.

Article 13 (Service Termination)

The Company may terminate all or part of the Service for business reasons. Users will be notified at least 30 days in advance through the website.

Article 14 (Disclaimer)

1. The Company is not liable for service unavailability due to force majeure events (natural disasters, war, government regulations, etc.).
2. The Company does not guarantee the accuracy, reliability, or completeness of AI outputs. Users are responsible for results from using AI outputs.
3. Legal responsibility for content created by Users (deepfakes, defamation, copyright infringement, etc.) lies with the respective Users.

Article 15 (Dispute Resolution)

1. In case of disputes, both parties shall negotiate in good faith for resolution.
2. If litigation is necessary, the Seoul Central District Court shall have exclusive jurisdiction.
3. These Terms shall be governed by the laws of the Republic of Korea.

Supplementary Provisions

These Terms are effective as of January 22, 2025.