These Terms of Service (the "Terms") govern access to and use of the FIXFOLIO service (the "Service"), a generative artificial intelligence (AI)–based solution provided by IGAWorks Inc. (the "Company") through FIXTYPE. These Terms set forth the conditions and procedures for the use of the Service, as well as the rights, obligations, and responsibilities between the Company and Users of the Service, and other matters necessary for the operation and use of the Service.
Article 2. Definitions
1.For the purposes of these Terms, the following terms have the meanings set forth below:
①"User" means an individual who is at least fourteen (14) years of age and who has agreed to these Terms and completed registration for the Service either (i) by authenticating through an external platform account designated by the Company, such as Google, Naver, or Kakao ("Social Login"), or (ii) by providing the required information and completing the email verification process as required by the Company.
②"Site" means the online website operated by the Company for the purpose of providing the Service.
③"ID" means the combination of letters, numbers, or other characters applied for by a User and approved by the Company for the purpose of identifying the User and enabling access to the Service.
④"Password" means the combination of characters or numbers set by the User to verify that the individual accessing the account corresponds to the registered ID and to maintain account security.
⑤"Account" means a unit of access granted by the Company to a User for the purpose of identifying the User in connection with the use of the Service. An Account includes information necessary for the use of the Service, such as the management of User information and the verification of Paid Services usage history. Depending on the Service Policies, Accounts may be classified as "Personal Account" or "Enterprise Account".
⑥"Team" means a collaborative group created by an administrator of an enterprise account to invite other Users to access and use the Service jointly and to enable collaboration. The administrator of the enterprise account that creates the Team has the authority to invite members to the Team, configure permissions, and manage the Team.
⑦"Credits" means a value allocated to a User's account within the Service that may be used and deducted when the User accesses or uses certain features or services provided through the Site, including, without limitation, banner creation, short-form content generation, and the Pro Retouching Service.
⑧"Free Services" means services that may be used without additional payment by using Credits provided free of charge to Users in accordance with the Company's internal policies.
⑨"Paid Services" means Services that are made available to Users for a fee, including Services accessed through the purchase of a Subscription Plan or Paid Credits.
⑩"Subscription Plan" means a monthly automatically renewing subscription that provides a predetermined amount of Credits each month for use of the Service.
⑪"Paid Credits" means Credits that a User purchases in advance and stores in the User's Account for use within the Service. Paid Credits remain valid for five (5) years from the date of purchase.
⑫"Input Data" means any materials entered, submitted, or uploaded by a User for the purpose of using the Service, including but not limited to URLs, PDF files, images, text, or other content.
⑬"User Content" means any outputs generated by generative artificial intelligence (AI), including but not limited to text, images, and videos, that are created by the Service (including the Pro Retouching Service) or downloaded by a User as a result of the User providing Input Data, prompts, or other materials during the use of the Service.
⑭"FIXFOLIO Content" means any and all information or materials developed, produced, or otherwise provided by the Company for the purpose of operating and providing the Service, including but not limited to text, images, videos, audio, templates, design elements, software, and other related materials. Such content includes outputs generated through generative artificial intelligence (AI), as well as outputs created through non-generative technologies or directly produced by the Company. For clarity, FIXFOLIO Content and User Content are separate and distinct concepts, and neither includes or encompasses the other.
⑮"Pro Retouching Service" means a follow-up design service in which professional designers engaged by the Company review and refine User Content generated through AI technologies and, upon a User's request, improve the visual composition, layout, color scheme, tone and manner, details, and expressive elements in order to enhance the quality, usability, and presentation suitability of such User Content.
⑯"AI Draft Assistant" means a service that provides information, generates content, responds to inquiries, or supports other work functions through a conversational interface powered by artificial intelligence (AI).
⑰"Service Policies" means guidelines, rules, or operational policies established by the Company that Users must follow when using the Service.
2.Terms not defined in these Terms shall be interpreted in accordance with applicable laws and the Service Policies.
Article 3. Changes to the Terms
1.These Terms become effective when they are posted on the Site or when notice is provided to Users through the email address registered in their Account. These Terms apply to all Users who access or use the Service.
2.The Company may amend these Terms to the extent that such amendments do not violate applicable laws and regulations, including the Framework Act on Artificial Intelligence Development and Establishment of Trust, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on the Regulation of Terms and Conditions, the Act on Consumer Protection in Electronic Commerce, and the Personal Information Protection Act.
3.If the Company intends to amend these Terms, the Company will notify Users of the amended Terms by specifying the effective date and the reasons for the amendment and by making the amended Terms available together with the current version in the manner described in Section 3.1 from at least seven (7) days before the effective date until the effective date. However, if the amendments materially affect Users' rights or obligations or are unfavorable to Users, the Company will provide notice at least thirty (30) days before the effective date and will clearly notify Users through one or more reasonable means, including notice to the email address registered in the User's Account or a notice displayed at login.
4.If the Company provides notice of amendments in accordance with Section 3.3 and clearly informs Users that failure to object within the notice period will be deemed acceptance of the amended Terms, a User who does not explicitly object within the notice period will be deemed to have agreed to the amended Terms.
5.If a User does not agree to the amended Terms, the Company will not apply the amended Terms to that User. In such case, the User's access to the Service subject to the amended Terms may be restricted. If there are unavoidable circumstances requiring the application of the amended Terms, the Company may terminate the User's service agreement and/or any Paid Services agreement with that User.
6.If a User accesses the Site through Social Login, matters relating to Social Login will be governed by the terms and policies of the relevant external platform designated by the Company, such as Google, Naver, or Kakao (the "Social Login Terms"). Such Social Login Terms apply only to the authentication procedures and information provision processes of the external platform. The Company is not responsible for failures, errors, or account-related issues caused by the external platform during the Social Login process.
7.If any provision of these Terms is held to be invalid or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
8.If the Company and a User separately agree to terms that differ from these Terms, such agreement will prevail over these Terms.
Article 4. Governing Rules of the Terms
1.The Company may establish separate policies or guidelines regarding the detailed operation and use of the Service.
2.Any matters not expressly set forth in these Terms shall be governed by the Service Policies and applicable laws and regulations. In the event of any inconsistency between these Terms and the Service Policies, these Terms shall prevail.
Article 5. Formation of the Service Agreement
1.A service agreement for the use of the Service is formed when a User agrees to these Terms, provides the information requested by the Company through the User's Account, and the Company approves such registration.
2.Notwithstanding Section 5.1, the Company may refuse, suspend approval of, or cancel approval of a service agreement, even after it has been formed, if any of the following circumstances apply:
①the User is under fourteen (14) years of age and has not obtained consent from a legal guardian;
②the User has used another person's name or personal information to register or to access the Service through Social Login;
③the User fails to provide required information for registration or provides false or inaccurate information;
④there is insufficient capacity in the service infrastructure or technical issues that prevent the provision of the Service;
⑤the User has previously lost User status due to a violation of these Terms or the Service Policies;
⑥a User whose use of the Service has been restricted attempts to re-register after voluntarily terminating the account during the restriction period;
⑦the Company determines that the application for use of the Service violates these Terms, the Service Policies, applicable laws, or is otherwise improper; or
⑧the Company reasonably determines that it is necessary to refuse or suspend approval for other legitimate reasons.
3.A User may not claim damages against the Company or otherwise raise objections with respect to the Company's refusal, suspension, or cancellation of approval under Section 5.2.
Article 6. Changes to and Management of User Information
1.A User may access and modify the User's personal information at any time through the account settings available on the Site. Information changed on external platforms used for Social Login may not be automatically reflected on the Site. Users are responsible for keeping their account information accurate and up to date and must update such information directly where necessary.
2.The User must carefully manage access credentials related to Social Login, as well as the User's ID and Password for the Site, and must ensure that such credentials are not disclosed to any third party.
3.If a User becomes aware that the User's ID or Password has been disclosed to a third party or that the User's Account is being used without authorization, the User must immediately notify the Company and follow any instructions provided by the Company or through the Site.
4.The Company shall not be responsible for any issues or damages arising from a User's failure to comply with the obligations set forth in this Section.
Article 7. Notices to Users
1.Unless otherwise provided in these Terms, the Company may provide notices to Users through the email address registered in the User's Account, by telephone or mobile message (including SMS), or through notifications within the Service.
2.Notices to all Users may be provided by posting the relevant notice on the Site's notice board or notification interface for at least seven (7) days, and such posting shall constitute effective notice. However, matters that materially affect Users will be notified in accordance with Section 7.1.
3.If individual notice cannot be reasonably provided because a User has failed to comply with the obligations set forth in Section 6, notice provided to all Users in accordance with Section 7.2 shall be deemed effective individual notice, and the Company shall not be responsible for any disadvantages incurred by the User as a result.
Article 8. Provision and Changes of the Service
1.The Service provided by the Company does not constitute a high-impact artificial intelligence system as defined in Section 2(4) of the Framework Act on Artificial Intelligence Development and Establishment of Trust, and is not intended to materially affect or pose significant risks to the life, physical safety, or fundamental rights of Users.
2.The Company designs and configures system prompts, templates, and content generation logic used for providing the Service (collectively, the "Company Prompts") in accordance with its own technical planning and design principles. The Company develops the Service as a tool intended to support Users' creative work and efficient content generation. As a general principle, the Company does not design or train the technical logic of the Service to intentionally induce or reproduce outputs that infringe the copyrights or other rights of third parties.
3.The scope of the Service provided by the Company through the Site includes the following:
①services for extracting and summarizing product information through analysis of Input Data provided by the User;
②services for generating content such as text and images based on the User's Input Data;
③the Pro Retouching Service applied to User Content; and
④any ancillary services related to the foregoing and any other services made available through the Site in accordance with the Company's policies.
4.The specific content, method of provision, and scope of the Service may be modified, added, or discontinued in accordance with the Company's policies. In such cases, the Company will provide notice in the same manner as set forth in Section 3.3 of these Terms. The Company shall not be liable for any damages incurred by Users as a result of such changes, additions, or discontinuation of the Service that have been notified in advance.
5.The Company grants Users a non-exclusive, non-transferable, and revocable license to use the Service within the scope and conditions set forth in these Terms. Users may not assign, transfer, pledge, resell, or sublicense such rights to any third party.
6.The Company may outsource certain tasks related to the operation of the Service, including system maintenance, development, sales support, advisory services, or user support, to third parties. In such cases, the Company may provide information relating to a User's use of the Service to such third parties for the purpose of performing the outsourced services. By agreeing to these Terms, the User is deemed to consent to such provision. However, where personal information is involved, such information will be handled in accordance with the Personal Information Protection Act and the Company's Privacy Policy.
7.A User holding an Enterprise Account may create a Team and invite other Users to access and use the Service collaboratively in accordance with the Company's Service Policies. The administrator of the Enterprise Account that creates a Team has the authority to invite Team members, configure access permissions, and create and manage projects or other activities related to the operation of the Team. Any activities performed by Team members in connection with the use of the Service, including the creation of User Content and any results arising from such use, shall be deemed to have been performed under the Enterprise Account that created the Team, and the rights, responsibilities, and liabilities arising therefrom shall be attributed to that Enterprise Account. User Content and related materials generated or shared through a Team may be jointly accessed or used by Team members within the scope of the purposes for which the Service is used.
8.The Company may provide certain features of the Service, or newly introduced features, on a trial or beta basis (the "Beta Services"). Beta Services are provided for the purpose of testing functionality, performance, or stability prior to official release. Accordingly, the content of Beta Services may be modified or discontinued, and errors, service interruptions, or functional limitations may occur. To the extent permitted by applicable laws, the Company makes no warranties regarding the stability, accuracy, completeness, or continued availability of Beta Services.
Article 9. Service Availability
1.The Service is provided on a twenty-four (24) hour basis, seven (7) days a week, in principle. However, the Company may restrict or suspend all or part of the Service in the following circumstances:
①where regular or temporary maintenance, inspection, or repair of service facilities is required;
②where normal use of the Service is disrupted due to power outages, equipment failures, excessive traffic, or similar operational issues;
③where the provision of the Service is adversely affected due to failures, replacement, malfunction, performance degradation, or interruption of external technology infrastructure used for the provision of the Service, including cloud services, artificial intelligence (AI) services or technologies provided by third parties, or open-source software, or due to policy changes, service restrictions, or suspension imposed by such third-party service providers;
④where a telecommunications carrier suspends or fails to properly provide telecommunications services; or
⑤where force majeure events occur, including natural disasters or national emergencies.
2.In the event that the Service is restricted or suspended pursuant to Section 9.1, the Company will provide notice in accordance with the method set forth in Section 7 at least seven (7) days prior to such restriction or suspension. However, if the restriction or suspension results from circumstances that the Company could not reasonably foresee or control, the Service may be restricted or suspended without prior notice. In such cases, the Company will provide notice after the fact and will make reasonable efforts to restore the Service as soon as practicable.
3.The Company shall not be liable for any damages incurred by Users or third parties arising from the restriction or suspension of all or part of the Service pursuant to this Section.
Article 10. Formation of Paid Services Agreement and Payment
1.A Paid Services agreement is formed when a User who has entered into a Service agreement pursuant to Section 5 applies for Paid Services in accordance with the procedures specified by the Company, the Company accepts such application, and the User completes payment for the Paid Services. A User may use Paid Services only after payment has been successfully completed.
2.Each Account may maintain only one active Subscription Plan at a time. Paid Credits, however, may be purchased separately in multiple transactions and may be used together with the Subscription Plan.
3.If a User is a minor, the User must obtain the consent of a legal guardian before purchasing or using any Paid Services. Paid Services purchased or used without such consent may be cancelled in accordance with applicable laws. Any refunds, disputes, or liabilities arising from such cancellation shall be borne by the User or the User's legal guardian.
4.To ensure that Users clearly understand the Paid Services and can use them without mistake or misunderstanding, the Company provides the following information through the Site:
①the content, type, price, usage period, and conditions of use of the Paid Services;
②the conditions and procedures for cancellation or termination of the Paid Services;
③refund policies relating to Paid Services;
④the selection of at least one valid credit card designated by the Company and registration of a payment method; and
⑤confirmation of the application for Paid Services and consent to verification by the Company.
5.The Company may apply different pricing, payment methods, currencies, or service conditions based on the country or region information provided by the User for the purpose of service provision and payment processing.
6.The Company may provide free credits that allow the use of Paid Services on a temporary or limited basis to newly registered Users who have joined the Site for the first time. Such benefit shall not apply to accounts created after withdrawal, multiple accounts created by the same User, or accounts otherwise determined by the Company to belong to the same User.
7.The User applies for Paid Services based on the User's free and informed decision after reviewing the matters specified and notified by the Company under these Terms. When a User purchases a Subscription Plan, the User agrees that the Subscription Plan will automatically renew and the corresponding fees will be charged periodically unless the User cancels the subscription before the next billing date.
8.For the purpose of processing payments for Subscription Plans or Paid Credits, the Company may request the minimum personal information necessary from the User. The User warrants that the information provided is accurate and that the User has lawful authority to use the designated payment method. Payment processing will be conducted in accordance with the terms and policies of the payment gateway provider (PG). The Company shall not be liable for damages suffered by the User or any third party due to false or inaccurate personal information provided by the User.
9.If the User pays for Paid Services through a third-party payment service, including but not limited to payment gateway providers or simplified payment services, the terms, dispute resolution procedures, and refund policies of the relevant payment service provider may also apply. In such cases, the Company shall not be liable, unless caused by the Company's willful misconduct or gross negligence, for payment delays, payment refusals, refund delays, or other transaction issues resulting from the payment service provider's policies, exchange rates, fees, or payment authorization decisions.
10.The Company may refuse or reserve approval of a Paid Services agreement, or cancel or withdraw approval even after the agreement has been formed, in any of the following circumstances:
①where a User applies for or purchases Paid Services by using another person's name, account, or payment method (including credit cards or bank accounts) without authorization, or by impersonating another person;
②where required information for the Service agreement is omitted or false information is provided;
③where the requirements for applying for Paid Services under Section 10.4 have not been satisfied;
④where there is insufficient capacity in service facilities or technical difficulties; or
⑤where the Company reasonably determines that such refusal or reservation is necessary.
11.If Paid Services cannot be initiated due to operational or technical issues of the Company, the Company will notify the User in accordance with the method specified in Section 7.
12.Except where otherwise required by applicable laws, the Company does not impose a separate payment limit for Paid Services. However, if the User attempts to purchase Paid Services beyond the transaction limit set by the User's credit card issuer, payment gateway provider, or applicable laws, the payment may not be processed. In such cases, the Company will provide notice in accordance with Section 7 or through the payment interface.
13.If payment for Paid Services fails due to reasons such as exceeding the payment limit of the payment method or payment errors, the User must take necessary measures to complete the payment, including modifying or replacing the payment method. If the User fails to take such measures and payment is not completed, the Company may terminate or suspend the Paid Services. The Company shall not be liable for any damages resulting therefrom.
14.The Company has no obligation to pay financial interest on any Subscription Plan or Paid Credits purchased by the User.
15.The User may review the details of Paid Services, including payment history, usage period, and other related information, at any time through the account page on the Site.
16.If a User holds both a Subscription Plan and Paid Credits, the credits provided under the Subscription Plan will be used first. Paid Credits will be deducted only after those credits are fully exhausted.
17.If a User changes the Subscription Plan during the subscription period, the effective timing of the change and the treatment of remaining credits will vary depending on the type of change, as described below. However, Paid Credits purchased separately by the User may continue to be used until their expiration date regardless of any change to the Subscription Plan.
Subscription plan change details during the subscription period
Subscription Change Type
Effective time
Remaining Credit
Upgrade
Immediately upon completion of payment for the upgraded subscription plan
Carried over
Downgrade
After the expiration of the current subscription period
Forfeited
Article 11. Cancellation and Refunds
1.A User may request cancellation of a Paid Service within seven (7) days from the payment date, provided that the Paid Service has not been used. Such request must be submitted to the Company through the customer support channel (help@fixfolio.ai). If a refundable amount exists, the Company will, in principle, issue the refund within seven (7) business days from the date of the cancellation request using the same payment method used by the User. However, if the refund schedule cannot be determined due to the nature of the payment method, or if a refund through the same payment method is not possible, the Company will notify the User in accordance with the method set forth in Section 7.
2.If a User requests cancellation after the period specified in Section 11.1 has expired, or if cancellation is restricted under applicable laws, including the Act on Consumer Protection in Electronic Commerce, the Company may deny such request. However, if the Paid Service provided by the Company materially differs from the information stated in advertisements or from the terms agreed upon in the contract, the User may request cancellation within three (3) months from the date the Paid Service was provided, or within thirty (30) days from the date the User became aware, or could reasonably have become aware, of such discrepancy.
3.The Company is not obligated to provide a refund in any of the following cases:
①where the Paid Service has already been used;
②where the User obtained a Subscription Plan or Credits free of charge through promotions, events, or similar programs;
③where the User requests a refund after terminating the Account and the conditions for refund under these Terms or applicable laws no longer exist.
4.A User who paid upfront for a one-year Subscription Plan may request a refund upon early termination of the Service by contacting the Company through the customer support channel (help@fixfolio.ai). In such case, the Company will refund the remaining balance after deducting the service fees corresponding to the period of use up to the month of termination, within seven (7) business days from the date of the refund request. If promotional benefits were provided by the Company in connection with the purchase of the Subscription Plan, the amount equivalent to such promotional benefits may be deducted from the refundable amount.
5.If service fees are calculated in a foreign currency and paid by credit card, differences may occur between the payment amount and the refunded amount due to exchange rate fluctuations or the policies of the card issuer at the time of the refund. The Company shall not be responsible for any foreign exchange losses arising from such differences.
6.If the Company can no longer provide a Paid Service due to changes in the Company's Service Policies, discontinuation of the Service, or termination of the Paid Service, the User may request a refund through the customer support channel (help@fixfolio.ai) within six (6) months from the date the discontinuation of the Paid Service is announced. In such case, the Company will calculate and refund the unused portion of the User's Subscription Plan and Paid Credits. Any refundable amount not claimed within the specified period will automatically expire upon the expiration of that period.
7.If a User is a minor, the purchase or use of Paid Services requires the prior consent of the User's legal guardian. If it is confirmed that payment was made without such consent, the Company may treat the payment as invalid or as a violation of these Terms and may restrict the User's access to the Paid Service or terminate the relevant agreement. In such cases, the availability and scope of any refund will be determined reasonably in accordance with applicable laws. Refunds will be limited or unavailable for Services that have already been used.
Article 12. Obligations of the Company
1.The Company shall make reasonable efforts to provide the Service in a continuous and stable manner. In the event of any failure or loss of service facilities, the Company will make efforts to restore such facilities without undue delay.
2.The Company shall comply with applicable laws and regulations, including the Framework Act on Artificial Intelligence Development and Establishment of Trust, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on the Regulation of Terms and Conditions, the Act on Consumer Protection in Electronic Commerce, and the Personal Information Protection Act, as well as these Terms. The Company shall not engage in any conduct that violates public order, good morals, or other social norms.
3.If a User submits a complaint or inquiry regarding the use of the Service, the Company will handle the matter within a reasonable time and inform the User of the status and outcome through a notice posted on the Site, the User's registered email address, or other appropriate means.
4.Where the Company operates an artificial intelligence (AI) system pursuant to Section 32 of the Framework Act on Artificial Intelligence Development and Establishment of Trust, the Company may establish and maintain a system for identifying, assessing, mitigating, and monitoring risks throughout the lifecycle of the AI system and may submit the results of such implementation to relevant authorities where required.
5.The Company does not use Input Data provided by Users through the Site as training data for artificial intelligence (AI) models directly developed or trained by the Company. However, such Input Data may be used for the purpose of performing functions provided to Users through the Service, such as product information extraction and summarization, and for analysis or review aimed at service optimization. In addition, the Company may analyze or review User Content generated through the Service to the extent necessary to ensure operational stability, quality management, functional improvement, enhancement of the Service UI/UX, customer support, and marketing. If a User requests the suspension of use, restriction of access, or deletion of Input Data or User Content, the Company will process such request without undue delay to the extent permitted by applicable laws and technical feasibility.
Article 13. User Obligations
1.Users must comply with applicable laws and regulations, these Terms, the Service Policies, notices and instructions posted within the Service, and any matters notified by the Company. Users must not engage in any conduct that interferes with the Company's operations.
2.Users must provide accurate country or regional information during registration or when using the Service so that such information reflects the actual country or region from which the Service is used. If a User provides inaccurate country or regional information or circumvents the Company's pricing policies, payment methods, or service conditions through the use of VPNs, proxies, or similar technologies, the Company may cancel or revoke the Paid Services agreement or restrict the User's access to the Service in accordance with Section 14.
3.Users represent and warrant that they have lawful access rights and usage rights to all Input Data entered or uploaded to the Service. Users must ensure that such Input Data does not infringe any rights of third parties, including but not limited to rights relating to personal information, copyrights, portrait rights, rights of publicity, or trademark rights. In particular, where a User provides Input Data or prompts that include images of real persons or instructions that may result in the identification of a specific individual, the User represents and warrants that the User has obtained all necessary rights and consents from such individual for commercial use. The User bears full legal responsibility for any violations arising from a failure to obtain such rights or consent.
4.When using the functionality described in Section 13.3, the Company may notify Users in advance that the commercial use of certain images or outputs may infringe the portrait rights, publicity rights, or other rights of third parties. The Company may also implement procedures requiring Users to confirm that they have secured the necessary legal rights to use such materials. In such cases, the User may use the relevant functionality only after reviewing and agreeing to the warning or notice provided by the Company.
5.Users must not engage in any of the following activities in connection with the use of the Service:
①accessing or using the Service, or accessing the system, through methods not provided or authorized by the Company or through any other abnormal or unauthorized means;
②collecting, extracting, or harvesting data from the Service in a systematic or automated manner, including through scraping, data mining, or similar method;
③creating, distributing, installing, or inducing the use of agents, robots, scripts, spiders, spyware, or similar automated tools;
④infringing, or posting, transmitting, distributing, or otherwise disseminating materials that infringe, the patents, trademarks, trade secrets, copyrights, or other intellectual property rights of the Company or any third party;
⑤collecting, storing, processing, or using personal information of the Company, other Users, or third parties in violation of applicable laws;
⑥interfering with or attempting to interfere with the stable operation of the Service, including but not limited to generating excessive traffic, imposing abnormal loads on servers or systems, or attempting unauthorized access;
⑦using the Service to develop, provide, or sell services that are identical or substantially similar to the Company's Service;
⑧modifying, removing, or altering any artificial intelligence (AI) generation indicators, source information, or generation method disclosures inserted by the Company in outputs, including User Content or FIXFOLIO Content, and posting, transmitting, distributing, or disseminating such modified outputs;
⑨generating User Content, or submitting Input Data, prompts, or instructions intended to generate such content, in a manner that violates or may violate applicable law;
⑩transferring, assigning, pledging, sublicensing, or otherwise making available to any third party the right to use the Service or any rights or obligations under the Service agreement without the Company's prior written consent; or
⑪engaging in any conduct that violates these Terms, the Service Policies, or applicable laws.
6.Users must not generate, post, transmit, distribute, or attempt to generate, post, transmit, or distribute any content through the Service that falls within any of the following categories:
①sexual content containing nudity, sexual acts, or explicit imagery;
②content depicting violence, bloodshed, or graphic violent material;
③content that promotes hatred, discrimination, or violence against individuals or groups based on protected characteristics such as race, ethnicity, nationality, religion, gender, sexual orientation, or disability;
④content that threatens, harasses, defames, humiliates, or bullies a specific individual or group;
⑤content that spreads false information, misleading statements, impersonation, or fraudulent information;
⑥content that promotes illegal activities or violates applicable laws;
⑦spam, unsolicited commercial promotion, malware, or harmful code or materials of a similar nature;
⑧content that infringes, violates, or misappropriates the intellectual property rights of others; or
⑨any content that is not permitted under applicable laws or generally accepted standards.
7.If a User violates Sections 13.3 or 13.4 and any civil or criminal claims, disputes, or legal proceedings are initiated by a third party, the User must indemnify and hold the Company harmless and resolve such disputes at the User's own expense. The User is responsible for compensating the Company and/or any third party for damages arising from such violations.
8.Users bear full responsibility for the use, distribution, publication, provision, disclosure, and consequences of all outputs generated through the Service, including User Content and FIXFOLIO Content. If any dispute, damage, claim, or legal issue arises with a third party in connection with such outputs, the User must indemnify and hold the Company harmless and resolve the matter at the User's own responsibility and expense.
Article 14. Restriction of Service Use
1.The Company may temporarily restrict a User's access to all or part of the Service without prior notice if (i) a ground for restriction specified in these Terms occurs, or (ii) the Company reasonably determines, based on objective evidence, that urgent action is necessary for the stable operation of the Service, the protection of the rights of others, or compliance with applicable laws.
2.If a User's access to the Service is restricted pursuant to Section 14.1, the Company will notify the User of such restriction in the manner set forth in Section 7 and will provide the User with an opportunity to submit an explanation within a reasonable period, which shall be no less than seven (7) days and no more than thirty (30) days from the date of the notice of restriction. If the User fails to demonstrate, based on objective and reasonable evidence, that the grounds for restriction do not exist within the specified period, the Company may take additional measures, including suspension of the User's account, termination of membership, or termination of any Paid Services agreement.
3.The Company's failure to take immediate action with respect to a violation described in Section 14.1 shall not be deemed a waiver of the Company's right to impose restrictions, terminate the agreement, or take other necessary measures in relation to such violation or similar conduct in the future.
4.Unless caused by the Company's willful misconduct or gross negligence, the Company shall not be liable for any damages incurred by the User as a result of restrictions imposed pursuant to this Section.
Article 15. Account Termination
1.A User may request account deletion at any time through the account settings page on the Site. Upon account deletion, all Service-related data, including User information, registered payment method records, Paid Services purchase history, and User Content, may be permanently deleted and cannot be restored.
2.Subscription Plans and Paid Credits that are terminated as a result of account deletion are, in principle, non-refundable. Any refund or settlement will be handled in accordance with Section 11 of these Terms and the applicable policies.
3.Notwithstanding the foregoing, the Company may retain certain information after a User's account deletion where retention is required under applicable laws and regulations, including the Personal Information Protection Act and the Act on Consumer Protection in Electronic Commerce. Such information will be retained only for the period required under the applicable laws or the Company's Privacy Policy.
Article 16. Intellectual Property Rights
1.With respect to any Input Data uploaded, submitted, or entered by a User to the Site for the purpose of using the Service, the User bears full responsibility for determining whether the User owns the relevant rights, the scope of any authorization for use, and the legality of such Input Data. The User represents and warrants that the User has the lawful rights or authorization necessary to provide such Input Data to the Service and to permit the Company to use, process, analyze, and modify the Input Data in accordance with these Terms. The User must ensure that the Input Data does not contain any unlawful information or elements that infringe the intellectual property rights, portrait rights, reputation, personal information, or other rights of any third party. If any dispute, objection, or damages arise in relation to the ownership, authorization for use, or legality of the Input Data, the User shall bear full responsibility, and the Company shall not be liable for such matters.
2.The ownership of copyright or other intellectual property rights in User Content shall be determined in accordance with applicable laws, including the Copyright Act. The Company does not guarantee that User Content will qualify for copyright or other intellectual property protection or that such rights will vest in any particular person. However, with respect to outputs generated or enhanced through the Pro Retouching Service, the special provisions applicable to the Pro Retouching Service set forth in Section 16-2 shall apply in addition to the principles described in this Section.
3.The Company retains ownership of and all intellectual property rights in the FIXFOLIO Content. Unless otherwise expressly permitted by the Company through prior written consent or separate intellectual property usage guidelines applicable to specific FIXFOLIO Content, Users may not use, modify, improve, expand, substitute, add to, commercialize, or otherwise dispose of FIXFOLIO Content beyond the scope permitted under these Terms and the intended purposes of the Service.
4.All copyrights, industrial property rights, and other intellectual property rights in software, data, templates, design elements, fonts, music, logos, trademarks, service names, and any other materials provided by the Company in connection with the Service (collectively, the "Service Materials") belong to the Company or the original creators. Accordingly, Users may not extract, reproduce, distribute, transmit, rent, modify, adapt, process, or otherwise use such Service Materials for commercial or other purposes beyond the scope permitted under these Terms and the intended purposes of the Service. However, where Service Materials or licensed materials are included in outputs provided through the Pro Retouching Service, the provisions set forth in Section 16-2 shall apply.
5.The Company reserves the right to remove or disable any User Content that is suspected or confirmed to infringe the rights of the Company or any third party. If unlawful or improper generation of User Content is repeatedly identified, the Company may take measures in accordance with Section 14 of these Terms, including suspension of the User's account, termination of membership, or termination of any Paid Services agreement.
6.A User may use User Content through downloading, printing, distributing, posting, publishing, or displaying such content. However, the User shall not engage in any of the following acts. Any legal or financial liability arising from a violation of the following shall be borne solely by the User, and the Company shall not be liable for any damages incurred by the User or any third party as a result thereof.
①modifying, deleting, concealing, or otherwise altering any mark, notice, metadata, or similar indication inserted in User Content or displayed by the Company to identify the content as an artificial intelligence (AI)–generated output, or altering such indications in a manner that makes them difficult to recognize;
②falsely representing User Content as having been directly created by the User;
③using User Content in a manner that may mislead others into believing that it depicts or is associated with a real person, a specific individual, or a particular model, brand, or product, or that may infringe portrait rights, publicity rights, trademark rights, or other rights of such parties; or
④using User Content, Service outputs, or the Service itself to train, retrain, fine-tune, or otherwise develop any machine learning models or artificial intelligence technologies, including through the construction of datasets or the development of algorithms.
Article 16-2. Special Provisions on the Pro Retouching Service
1.The Pro Retouching Service is a type of Paid Service in which the Company or professional personnel managed or operated by the Company review and enhance the visual composition, expression, or overall quality of User Content generated through artificial intelligence (AI). The Pro Retouching Service is distinct from automated AI-generated services in terms of its method of provision and service characteristics.
2.In the course of providing the Pro Retouching Service, the Company may incorporate fonts, design elements, graphic assets, templates, software, or other licensed materials that the Company has lawfully obtained or holds the right to use (the "Retouching Licensed Materials") in order to improve the quality or expression of the User Content generated through the Service. The Company represents and warrants that such Retouching Licensed Materials are used in compliance with applicable laws and the relevant license terms.
3.Copyright and other intellectual property rights in User Content created or enhanced through the Pro Retouching Service (the "Pro Retouching Outputs") shall vest in the User in accordance with applicable laws. The User may use such Pro Retouching Outputs within the scope permitted under these Terms. However, if the User modifies, edits, transforms, or further processes the Pro Retouching Outputs, or incorporates materials provided by third parties, thereby altering the composition, presentation, or licensing status of the outputs provided through the Service, the Company shall not be responsible for any issues relating to rights ownership, license compliance, or other legal matters arising from such modifications.
Article 17. Indemnification and Damages
1.The Company shall be liable for damages incurred by a User only where such damages arise from the Company's willful misconduct or gross negligence. In such cases, the Company's liability shall be limited to the actual damages directly incurred by the User.
2.Users shall indemnify and hold harmless the Company from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with the User's unlawful acts or violation of these Terms in connection with the use of the Service. If the Company is subject to any claim, demand, or legal action by a third party as a result of such acts or violations, the User shall defend the Company at the User's own expense and compensate the Company for any damages incurred.
Article 18. Disclaimers and Limitation of Liability
1.Except as expressly stated in these Terms, the Company makes no representations or warranties, whether express or implied, regarding any information, materials, content, or outputs provided or generated through the Service, including, without limitation, User Content, FIXFOLIO Content, artificial intelligence (AI)–generated outputs, and any other outputs or materials provided or generated in the course of using the Service (collectively, the "Outputs and Materials"). In particular, the Company does not warrant the reliability, completeness, accuracy, merchantability, fitness for a particular purpose, commercial usability, or non-infringement of third-party rights with respect to such Outputs and Materials. Users use the Service and any Outputs and Materials at their own discretion and risk.
2.Any and all liability arising from the use of User Content for commercial purposes, including advertising, marketing, or promotional activities, and any resulting infringement of portrait rights, publicity rights, or other rights of third parties shall be borne solely by the User. The Company does not separately review the legality of such commercial use and shall not be responsible for any disputes arising in connection with such use.
3.Under no circumstances shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to these Terms or the Service, including but not limited to loss of business profits, loss of business information, business interruption, or costs incurred by the User or any third party. The Company shall also not be responsible for any disputes between Users and third parties, even if the Company has been advised of the possibility of such damages or disputes.
4.Notwithstanding Section 8.2 of these Terms, due to the operational characteristics of open-source software, training data, or generative processes used in the Service, AI-generated outputs may contain content that infringes copyrights, intellectual property rights, trademarks, or other legally protected rights of third parties. Such outputs are not created for the purpose of reproducing or inducing infringement and are unrelated to the intent or design of the Company Prompts configured by the Company. The Company shall not be liable for any damages arising from such outputs.
5.The Company does not represent or warrant that the User Content will comply with or satisfy the advertising review standards, posting policies, marketplace listing policies, design guidelines, or other applicable requirements of external platforms, advertising media, online services, or any other services operated by third parties (collectively, the "External Platforms"). If the User Content cannot be used due to changes in the policies, review standards, or operational rules of External Platforms, including rejection of postings, advertising restrictions, or suspension of display, the User shall bear sole responsibility for any resulting inability to use the User Content.
6.The Company shall not be liable for failure or delay in providing the Service where such failure or delay results from causes beyond the Company's reasonable control, including natural disasters, war, civil unrest, riots, fire, terrorism, governmental regulations, amendments to applicable laws, distributed denial-of-service (DDoS) attacks, data center failures, telecommunications network failures, cloud service outages, or other events of force majeure. The Company shall also not be liable where the Service cannot be provided due to unavoidable circumstances such as maintenance, replacement, inspection, or construction relating to the Service infrastructure.
7.The Company shall not be liable for any damages arising from the use of the Service provided to the User unless such damages are caused by the Company's willful misconduct or gross negligence.
8.Notwithstanding the foregoing provisions of this Section, to the extent the Company is held liable under applicable laws, the total liability of the Company shall be limited to the total amount of fees paid by the User for Paid Services during the six (6) months immediately preceding the event giving rise to such liability.
Article 19. Export Control and Economic Sanctions Compliance
1.Users must comply with all applicable export control laws, economic sanctions laws, and related regulations of the Republic of Korea, the United States, and any other relevant jurisdiction (collectively, the "Export Control and Sanctions Regulations") in connection with their use of the Service.
2.Users may not directly or indirectly provide, export, transfer, or otherwise make available the Service, any technology or software related to the Service, or any outputs generated through the Service to:
①any country, region, or individual to which export, re-export, or transfer is prohibited or restricted under the laws of the Republic of Korea, the United States, or any other relevant jurisdiction;
②any person or entity subject to international sanctions; or
③any end user or for any end use related to the development, production, or use of weapons of mass destruction, military purposes, or any other activities prohibited under applicable laws.
3.Each User represents and warrants that the User is not a person or entity whose transactions are restricted or prohibited under the Export Control and Sanctions Regulations and that the User's use of the Service does not violate any such regulations.
4.The Company may restrict or terminate a User's access to the Service if the Company determines that such action is necessary to comply with the Export Control and Sanctions Regulations or if required by applicable laws or government authorities.
Article 20. Governing Law and Jurisdiction
1.These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea.
2.In the event of any dispute arising between the Company and a User in connection with the use of the Service, the parties shall first endeavor to resolve such dispute through good-faith consultation. If the dispute cannot be resolved through such consultation, all disputes shall be submitted to the exclusive jurisdiction of the Seoul Central District Court as the court of first instance.