Terms of Service for AOi

Article 1: Purpose

The purpose of these Terms and Conditions is to outline rights, obligations, and responsibilities for users (referred to as "Members" in Article 4) using Services (as defined in Article 4) provided by "AOi" of Supergene (hereafter "the Company"). This includes accessing Services and using all information, text, images, chatbots, and message exchanges.

Article 2: Posting, Effectiveness of Terms, and Changes

  1. The contents of these Terms shall be posted on the screen of the Service or notified by other methods, and shall be effective for all users who agree to these Terms.
  2. The Company may amend these Terms as needed, ensuring compliance with relevant laws. In case of changes, the Company will notify Members at least 7 days prior to the changes taking effect. For significant changes, especially those potentially disadvantageous to Members, notification will be sent to the registered email address of Members at least 30 days in advance.
  3. If Members do not express refusal within 7 days post-notification, they are deemed to have accepted the revised Terms.

Article 3: Supplementary Rules

  1. The Company may implement specific terms and policies for individual Services. In case of conflicts, the specific service terms shall take precedence over these general Terms.
  2. Matters not specified in these Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by relevant laws and regulations or commercial practices.

Article 4: Definition of Terms

  1. "Service" means all services related to "AOi" provided by the Company, regardless of the type of service provided.
  2. "App Service" refers to a service provided by the Company to Members through artificial intelligence and natural language processing technology.
  3. "Chatbot" means application software that can interact with Members using messenger services.
  4. "Member" means any user who has signed a contract with the Company to use the Services provided by the Company.
  5. 'Content' refers to all types of outputs provided to the Members by the Service or directly created by the Members within the Service. This includes all content such as Nicknames, User IDs, comments, chat messages, videos, audio, images, text, and conversation room contents.

Article 5: Conclusion of Use Agreement

  1. The process for creating an AOi account (hereinafter referred to as 'Account') is outlined. An Account is required to access some Service features.
  2. A service use contract is established upon the applicant's agreement to these Terms and Conditions, entry of required information, and Company approval.
  3. The Company reserves the right to modify or delete Content, or restrict Service in certain circumstances.

Article 6: Obligation to Protect Personal Information

  1. The Company is committed to protecting personal information in accordance with the relevant laws and regulations. The Company's privacy policy governs the protection and use of personal information.
  2. The Company is not responsible for the safety or truthfulness of member information or agreements made within the AOi Service. The responsibility for any problems arising from meetings between Members shall be solely attributed to the Members themselves.

Article 7: Members' Duties to Manage Accounts

  1. Members are responsible for managing their accounts and preventing unauthorized use.
  2. The Company may restrict the use of an account if there are concerns about personal information leakage or anti-social behavior.
  3. Members must notify the Company immediately if unauthorized use of their account is detected.

Article 8: Company's Obligations

  1. The Company is committed to providing continuous and stable Service and protecting members' personal information.
  2. The Company operates a dedicated department to address Members' opinions and complaints.
  3. The Company complies with all relevant laws and regulations in operating the Service.
  4. The Company will not send advertising notifications to Members who have refused to receive such notifications.

Article 9: Member Duties

  1. Members use the Service at their own risk and are responsible for their actions within the Service.
  2. Members shall not engage in acts that violate these Terms and Conditions, relevant laws, or commercial practices.
  3. Members must provide personal information that is true, complete, and accurate, and must notify the Company of any changes to such personal information.

Article 10: Provision and Change of Services

  1. The Service is provided as per the Company's business policy. Service provision times will be appropriately guided through the application or notices.
  2. The Company may suspend the Service in specific cases, such as for maintenance or in response to abnormal Service use.

Article 11: Restrictions on Service Use

  1. The Company may restrict Service use if a Member violates these Terms or interferes with the Service's normal operation.
  2. The Company may suspend Service use of an account for investigation in certain cases, such as reports of hacking or illegal activities.

Article 12: Service Restriction Notifications

  1. The Company will notify Members of the reasons and duration for any Service restriction.
  2. Members can appeal against Service restriction measures by submitting a form within 15 days of notification.

Article 13: Posting of Advertisements

  1. The Company may post advertisements with Member consent.
  2. The Company is not liable for any loss or damage related to advertisements on the Service.

Article 14: Provision of Information via Email

  1. The Company may provide information necessary for Service use to Members' email addresses.
  2. Members can unsubscribe from commercial emails if they wish.

Article 15: Intellectual Property Attribution

  1. Copyright and intellectual property rights for Contents created by the Company belong to the Company.
  2. Members authorize the Company to use their posted content as necessary for the Service.

Article 16: Limitation of Liability

  1. The Company is not liable for obstacles to Service use due to Member actions.
  2. The Company is exempt from liability in certain circumstances, such as technical defects beyond its control or force marjeure events, such as (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the Company.

Article 17: Governing Law and Jurisdiction

  1. The laws of the Republic of Korea govern any lawsuit between the Company and the Members.
  2. Lawsuits shall be filed with the competent court as per the Civil Procedure Act.

Article 18: Measures for Chatbots

  1. Suspension of Chatbot Services
    • The Company may suspend the chatbot service without prior notice if the chatbot violates relevant laws or regulations or if normal service provision is difficult due to technical defects.
    • In the event that there is a possibility of legal issues or technical defects, immediate service suspension measures may be taken to ensure smooth operation of the service.
  2. Restrictions on Chatbot Service Use
    • Members may not generate or distribute illegal or inappropriate content, such as sexual exploitation of minors or promoting such acts, while using the chatbot. If such actions are detected, immediate blocking measures will be implemented, and violating Members may face temporary suspension or permanent suspension of their accounts without warning.

Article 19: Use of Conversation Contents

  1. The Company may collect and analyze conversation contents for Service improvement.
  2. Members should not share identifiable information when communicating with the Chatbot.

Article 20: License and Use of the Services

  • So long as Members comply with these Terms and, as applicable, the App Store Agreement(s), the Company grants Members the following license:
    • a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Aoi on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use the Services, including any Content, for personal entertainment purposes leveraging only the functionality of the Services. The Company and its licensors reserve all rights not granted to Members in these Terms. The Company may, at its sole discretion, remove, edit, or disable any Content for any reason.

Article 21: Virtual Goods and In-app Currency

  1. Purchasing or Obtaining Virtual Goods and In-app Currency.
    1. Subject to applicable foreign exchange control regulations in members’ jurisdiction, the Company may offer certain upgrades and options within the Company’s services that members can buy with real world currency, including, but not limited to, in-app currency where permitted under applicable law (“In-app Currency”), character skins, digital cards, experience boosts, gear, and other customizations for members’ in-app characters, and other such digital add-on items that may improve members’ service experience in some way (“Virtual Goods”).
    2. Except as otherwise communicated to members within the functionality of the AOi, In-app Currency and Virtual Goods are not transferable from one character to another. Members may also be able to obtain certain Virtual Goods and In-app Currency without making a purchase, such as an in-app award. When members purchase In-app Currency or Virtual Goods (each, a “Transaction”), members’ purchase will be made through the functionality available through the App Store(or other relevant platforms) the Company make available to members.
    3. Prior to making a Transaction, members should make sure members fully understand the agreement that covers members’ Transaction, whether that agreement is an App Store Agreement or another payment platform agreement. There may be limits to the quantity and number of times members can purchase Virtual Goods, In-app Currency, or other aspects of members’ Transaction. For example, there may be a maximum amount of In-app Currency members are able to hold or purchase at a given time, or a maximum number of Transactions members may make per day; these additional restrictions may be communicated to members via the functionality of the Services.
    4. The Company may, from time to time, modify, amend, or supplement the company’s fees, billing methods, and terms applicable to In-app Currency, Virtual Goods or to any purchases, and post those changes in these Terms, in separate terms and conditions or in other terms or agreements posted on the applicable website or as part of the AOi app or otherwise provided to members by the Company.
    5. Except where prohibited by law in members’ jurisdiction, such modifications, amendments, supplements, or terms shall be effective immediately upon posting and shall be incorporated by reference into these Terms. If any change is unacceptable to members, members may terminate the use of members’ AOi account at any time.
  2. Members’ License to Virtual Goods and In-app Currency.
    1. Virtual Goods and In-app Currency are digital items, and members’ use of them is governed by these Terms and the App Store Agreement(s). VIRTUAL GOODS AND IN-APP CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS AND IN-APP CURRENCY ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR IN PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Virtual Goods and In-App Currency are licensed, not sold.
    2. Provided members comply with these Termsand the App Store Agreement(s), the Company grant members the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods or In-App Currency members gain access to, whether purchased or otherwise obtained, solely in connection with members’ use of the Service in question and within the Service and for no other purpose.
    3. The Company may cancel, revoke, or otherwise prevent the use of Virtual Goods or In-app Currency if the Company suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or In-app Currency to members’ Account.
  3. Changes to In-app Currency and Virtual Goods.
    1. Except as otherwise prohibited by applicable law, the Company, in the Company’s sole discretion, may modify, substitute, replace, suspend, cancel, or eliminate any In-app Currency or Virtual Goods, including members’ ability to access or use In-app Currency or Virtual Goods, without notice or liability to members, such as if the Company need to temporarily suspend the Service to make updates, have an emergency that requires the Company to disable the Company’s Services, or if the Company need to ultimately shut a Service down for economic or other reasons due to a limited number of users continuing to make use of the online Service over time.
    2. MEMBERS AGREE THAT MEMBERS WILL NOT ASSERT OR BRING ANY CLAIM AGAINST THE COMPANY, THE COMPANY’S AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “COMPANY PARTIES”) RELATING TO (A) A CLAIM THAT MEMBERS HAVE A PROPRIETARY INTEREST IN ANY IN-APP CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF IN-APP CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF MEMBERS’ ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION, OR EXPIRATION OF THESE TERMS.

Article 22: Refunds

  1. Non-refundable Conditions
  • In accordance with relevant laws or app store policies, Virtual Goods and In-app Currency remain the Company’s property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless they are defective, unavailable, or do not perform in accordance with the specifications the Company provide.
  1. License Cancellation
  • In accordance with relevant laws or app store policies, the Company may revoke Members’ license to such Virtual Goods and/or In-app Currency at any time consistent with these Terms without notice or liability to Members in accordance with this EULA.
  1. Waiver of Refund Rights
  • In accordance with relevant laws or app store policies, except where the law in Members’ jurisdiction provides a right of withdrawal that cannot be waived by contract, by purchasing and using any Virtual Goods and/or In-app Currency, Members hereby waive Members’ right to withdraw from Members’ agreement to purchase the applicable Virtual and/or In-app Currency, and Members agree that Members will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Virtual Good and/or In-app Currency except as permitted under applicable law or platform policy. Additionally, Members hereby agree that any withdrawal right expires immediately upon purchase and delivery of Members’ Virtual Good and/or In-app Currency, unless the law in Members’ jurisdiction provides otherwise. This section does not affect Members’ statutory rights.
  1. Refund Related Information
  • In accordance with relevant laws or app store policies, if a Member subscribes or makes in-app purchases through the Company’s Services, the following information may be shared with the app store (Apple App Store, Google Play) to process the Member’s refund request. This information includes only the minimum necessary details for reviewing the refund request, and appropriate security measures are applied to protect the Member’s personal information.
    • Subscription or in-app purchase details (items purchased, amount, date, etc.)
    • Usage details (subscription usage history, item usage history, etc.)
    • Reason for the refund request

Article 23: Subscription

  • Certain Goods of the Service may be offered through the Subscription. Members may purchase a Subscription directly from an App Store(or other relevant platforms) either by (1) paying a subscription fee in advance on a recurring interval disclosed to members prior to members’ purchase; or (2) pre-payment giving members access to the Service for a specific time period.
  1. The Company’s subscription may include access to exclusive in-app items (for example, episodes of characters).
    • Please note that if members already purchased such exclusive in-app items separately, one-time gems return equal to the gems equivalent of such item will be applied to members account. From time to time, the Company may also change the subscription item to gems equivalent of such item or other item (for example, access to paid content) in subsequent subscription period.
  2. Autorenewal of the subscription.
    • By signing up for certain Subscription, members agree that members’ Subscription may be automatically renewed. Unless members cancel members’ Subscription, members authorize the App Stores(or other relevant platforms) to charge members for the renewal term. The period of auto-renewal will be the same as members’ initial subscription period unless otherwise disclosed to members on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless the Company notify members of a rate change prior to members’ auto-renewal. Members must cancel members’ Subscription in accordance with the cancellation procedures of the relevant App Store(or other relevant platforms). To avoid being charged, cancel the subscription in members’ account settings at least 24 hours before the end of the current subscription period.
  3. Expiration.
    • The Service and members’ rights to use it expire at the end of the paid period of members’ Subscription. If members do not pay the fees or charges due, the Company may make reasonable efforts to notify members and resolve the issue; however, in such cases, the Company reserve the right to disable or terminate members’ access to the Service (and may do so without prior notice).
  4. Refunds.
    • Subscriptions purchased via an App Store(or other relevant platforms) are subject to each platform’s refund policies. This means the Company cannot grant refunds. Members will have to contact each platform support. To request a refund, follow these instructions from the Apple support page or the Google’s support page.

Article 24: Use by Minors

  1. Age Restriction
  • This Service is rated Adults only 18+. Therefore, Members under the age of 18 are not permitted to use this app. The Service is not directed to anyone under the age of 18.
  • Guardians of Members under the age of 18 must ensure that their dependents do not use this Service. If it is confirmed that a Member under the age of 18 is using the Service, the corresponding account may be immediately blocked.
  1. Account Creation and Privacy Protection
  • Accurate and complete information must be provided when creating an account. Account information should not be shared with others, and the account holder is responsible for all activities that occur under their account.
  • The Company does not intentionally collect personally identifiable information from children under the age of 13. If it is discovered that a child under 13 has provided personal information, the Company will delete this information from its servers immediately. Parents or guardians who become aware that their child has provided personal information should contact aoi.support@supergene.co to request the removal of the information.
  1. Compliance with Minor Protection Laws
  • This Service complies with all legal requirements related to the protection of minors, including COPPA (Children’s Online Privacy Protection Act) in the United States and PIPEDA (Personal Information Protection and Electronic Documents Act) in Canada.
  1. Paid Transactions by Minors
  • Since Members under 18 are not allowed to use the Service, any matters related to paid transactions are the responsibility of adult users.
  • The probability of obtaining each item through the Gacha system via paid transactions follows the information disclosed within the Service. Items obtained from the Gacha have no cash value and cannot be transferred to others.

Article 25: Child Protection

  1. Safety by Design
  • This Service operates a system to prevent and block the creation and distribution of sexual abuse content targeting children, referencing the principle of Safety by Design.
  • This Service complies with international child protection guidelines by utilizing AI technology and strictly prohibits sexual abuse, exploitation, and all related acts against children.
  1. Child Protection Measures
  • This Service strictly prohibits any acts related to the creation, distribution, or promotion of sexual abuse, exploitation, or inappropriate content targeting children. Violations will result in immediate account sanctions, and if necessary, reports may be made to relevant authorities for legal action.
  • If inappropriate content related to children is detected in chat, Nicknames, User IDs, comments, etc., immediate action will be taken, and the account may be suspended immediately without warning.
  • Members are obligated to comply with these terms and must actively cooperate to prevent the occurrence of inappropriate content related to children during Service use. Violations may result in permanent account restrictions and legal sanctions.
  1. Definitions of Sexual Abuse and Exploitation
  • Sexual abuse includes all acts targeting children that involve sexual acts or depict, promote, or imply such actions.
  • Exploitation refers to all acts of using or distributing content related to sexual terms or messages concerning children.

Article 26: Application of Moderation

  1. Operation of an AI-Based Moderation System
  • This Service has implemented an AI-based moderation system to strengthen policies related to child protection, allowing for the real-time monitoring and blocking of all content related to sexual abuse.
  • However, the moderation system may not always be 100% accurate, and there may be cases of incorrect blocking or instances where content is not blocked.
  1. Real-Time Content Review
  • The content of all input fields within the Service, including chat, Nicknames, User IDs, and comments, is reviewed in real-time through an automated moderation system (e.g., OpenAI Moderation API), which automatically determines whether there are any violations of service policies.
  1. Actions in Case of Violations
  • If content generated by a Member violates service policies, a warning message will be issued, and in the case of repeated violations, sanctions such as temporary account suspension or permanent suspension may be imposed.

Article 27: Contact Information of the Company

  1. Company name: Supergene Inc.
  2. Address: 7F, 225-15, Pangyojeong-ro, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea (Sampyeong-dong, Business B)
  3. Customer center: aoi.support@supergene.co

Article 28: Compliance with International Privacy Laws

  1. The Company is committed to complying with international privacy laws, including COPPA and PIPEDA.
  2. For Members under the age of 13, the Company will obtain verifiable parental consent as required by COPPA.
  3. The Company will ensure that Members have the right to access their personal information and will protect this information as per PIPEDA requirements.
  4. The Company will regularly review and update its privacy practices to remain compliant with evolving laws and regulations.