Terms of Service

1. Purpose

These Terms of Use (hereinafter, the “Terms”) are intended to set forth the rights, obligations, and responsibilities between Lightweight Co., Ltd. (hereinafter, the “Company”) and users in connection with the use of the image and video generation web service “XBRUSH” (hereinafter, the “Service”) provided by the Company.

2. Definitions

The terms used in these Terms are defined as follows:
  1. “Company” means Lightweight Co., Ltd., the provider of the Service
  2. “Service” means the image and video generation web service XBRUSH (https://xbrush.ai) provided by the Company, and all related services in which the Company uses AI and other technologies to generate and provide images requested by users.
  3. “Website” means https://xbrush.ai.
  4. “User” means any person who uses the Service provided by the Company in accordance with these Terms.
  5. “Member” means a User who has completed the Company’s membership registration process and has been granted a member ID.

3. Effect and Amendment of the Terms

  1. These Terms become effective when they are posted and disclosed on the Website.
  2. The Company may amend these Terms to the extent that such amendment does not violate relevant laws and regulations. When the Company amends these Terms, it will specify the effective date and reasons for the amendment and give notice by posting the current Terms together with the amended Terms on the homepage of the Website from 7 days before the effective date until the day before the effective date.
  3. However, if the amendments are unfavorable to Users, the Company will provide notice with a grace period of at least 30 days prior to the effective date and will also give individual notice by email or other means.
  4. If a User does not agree to the amended Terms, the User may stop using the Service and terminate their membership. Notwithstanding the foregoing, where the Company has clearly notified or informed the User, in accordance with paragraphs 2 and 3 above, that failure to express an intention within a specified period will be deemed consent, and the User does not expressly express an intention to refuse within that period, the User shall be deemed to have agreed to the amended Terms.

4. Membership Registration and Formation of Service Use Agreement

  1. A User may register as a Member by filling in the membership information in the form prescribed by the Company and agreeing to these Terms and the Company’s Privacy Policy.
  2. The service use agreement is established when the Company accepts the User’s application for membership registration.
  3. The Company may refuse to accept, or may terminate after the fact, a service use agreement that falls under any of the following:
    a. Where the applicant for membership has previously lost membership status under these Terms.
    b. Where the applicant for membership uses another person’s name, or applies by providing false information.
    c. Where the applicant for membership does not meet the age requirements set out in [Table 1] below.
    d. Where the applicant intends to use the Service for fraudulent purposes or to pursue profit-making purposes.
    e. Where acceptance of the service use agreement is significantly difficult for reasons analogous to items a through d above.
Region
Age Requirements
Republic of Korea
Use is permitted for persons aged 19 or older. Persons aged 13 or older may use the Service with the consent of a parent or guardian.
Australia, Denmark*,
Hong Kong,
United Kingdom
Use is permitted for persons aged 18 or older. Persons aged 13 or older may use the Service with the consent of a parent or guardian.
Brazil, Germany
Use is permitted for persons aged 18 or older. Persons aged 16 or older may use the Service with the consent of a parent or guardian.
Canada
Persons aged 13 or older may use free subscription services. To subscribe to paid services, the User must either be at least 13 years old in their place of residence or obtain consent from a parent or guardian.
Japan, Taiwan, Thailand
Use is permitted for persons aged 20 or older. Persons aged 13 or older may use the Service with the consent of a parent or guardian.
[Table 1] Age Requirements for Account Registration
  • The above age criteria may change in accordance with amendments to the laws of each respective country.

5. Modification and Deletion of Member Information

  1. Members may view and modify their own member information at any time through the personal information management page.
  2. If a Member wishes to withdraw from membership, they may request membership withdrawal from the Company at any time, and the Company will process such request without delay in accordance with applicable laws and regulations.

6. Protection and Use of Member Information

  1. The Company complies with the Personal Information Protection Act and other applicable laws in order to collect, use, and protect Users’ information, and protects Users’ personal information in accordance with the Company’s Privacy Policy.
  2. The Company may use essential cookies (session identification, security tokens, login retention, consent status storage, etc.) to provide services and maintain security.
  3. The Company may use analytical and statistical cookies to improve services and personalized (functional) cookies to optimize the user experience. In principle, these cookies will only be used after obtaining the user's consent.
  4. Users may select or withdraw/modify their consent for cookie categories in the “Cookie Settings” on the website at any time.
  5. Blocking essential cookies may restrict access to some services such as login.
  6. Detailed information about cookies is subject to the Company’s “Cookie Policy”.
  7. The Company does not provide member information to third parties without the prior consent of the Member. However, exceptions apply in the following cases:
    a. Where such information is requested by a competent authority for investigative purposes in accordance with applicable laws and regulations.
    b. Where necessary for billing and settlement in connection with the provision of the Service.
    c. Where information is provided in a form in which a specific individual cannot be identified, for purposes such as preparing statistics, academic research, or market surveys.
    d. Where a request is made in accordance with procedures set forth in other applicable laws and regulations.

7. Membership Withdrawal and Restrictions on Use

  1. A Member may request membership withdrawal at any time, and the Company will process membership withdrawal without delay.
  2. If a Member does not use the Service for one (1) year (i.e., no login), the Company may classify the account as dormant for efficient member management and may restrict use of the Service or delete the account. (However, if otherwise provided in the Privacy Policy, such provisions shall prevail.)
  3. If a Member engages in any of the following acts, the Company may, without prior notice, restrict, suspend, or revoke the Member’s membership:
    a. Using or fraudulently using another person’s member information.
    b. Providing false, omitted, or misleading information in relation to the use of the Service.
    c. Using information obtained through the Service for reproduction, publication, broadcasting, transmission, or other purposes, or providing such information to a third party, without the prior consent of the Company.
    d. Infringing the Company’s copyrights or other rights, or the copyrights or other rights of third parties.
    e. Distributing to others any information, text, graphics, audio, etc. that violates public order or good morals.
    f. Transmitting large volumes of information or transmitting advertising information for the purpose of interfering with or likely to interfere with the stable operation of the Service.
    g. Otherwise violating applicable laws or these Terms.

8. Provision and Use of the Service

  1. The Company provides Users with services such as generating, editing, storing, sharing, and posting images and videos.
  2. The Company may, without prior notice, delete, move, or refuse to register content generated, edited, or posted by Users if such content falls under any of the following:
    a. Using or fraudulently using another person’s member information.
    b. Providing false, omitted, or misleading information in relation to the use of the Service.
    c. Using information obtained through the Service for reproduction, publication, broadcasting, transmission, or other purposes, or providing such information to a third party, without the prior consent of the Company.
    d. Infringing the Company’s copyrights or other rights, or the copyrights or other rights of third parties.
    e. Distributing to others any information, text, graphics, audio, etc. that violates public order or good morals.
    f. Transmitting large volumes of information or transmitting advertising information for the purpose of interfering with or likely to interfere with the stable operation of the Service.
    g. Otherwise violating applicable laws or these Terms.

9. Intellectual Property Rights

  1. Company’s intellectual property rights:
    Copyright and other intellectual property rights in works created by the Company, as well as technologies, software, data, and other materials necessary for the development and operation of the Service, belong to the Company.
  2. Copyright and usage rights in generated images and videos:
    a. In principle, rights to images and videos generated by a User through the Company’s Service (hereinafter, “Generated Works”) jointly belong to the Company and the User who contributed to their creation, and specific usage rights are governed by these Terms.
    b. Members who are paid subscription members or who have used credits to create Generated Works are granted a non-exclusive, perpetual right to use their own Generated Works not only for non-commercial purposes but also for commercial purposes.
    c. Commercial use of Generated Works created by free Members may be restricted, and details thereof shall be governed by separate policies within the Service.
  3. Use of third-party content and derivative works:
    a. A User may reference images that other Users have posted with a “public” setting within the Service, or create new images (modifications, imitations, etc.) based on them.
    b. Rights to newly created images (derivative works) under the preceding subparagraph belong to the User who newly created the works and the Company, to the extent that they do not infringe the rights in the original works. However, Users must not use such works in a manner that defames the original author or infringes their moral rights.
    c. Acts such as distributing, transmitting, displaying, or selling images generated by other Users and provided through the Service without the consent of the original author or the Company are prohibited.
  4. Liability for intellectual property infringement:
    If a User, through the use of the Service, infringes any third party’s rights, including copyrights, trademarks, portrait rights, or other rights, the User shall bear all legal liability arising therefrom. The Company is not responsible for any acts of infringement by Users, and may restrict such User’s use of the Service and take civil and/or criminal measures.

10. Subscription and Payment for the Service

  1. Pricing policy:
    Subscription plans, credit prices, functions, and limitations for use of the Service are as specified on the pricing page of the Website. The Company may change the pricing policy and will give prior notice of any such changes.
  2. Payment:
    For paid use of the Service, payment shall be made in U.S. dollars (USD) or another currency designated by the Company, through payment methods provided by the Company, and may include applicable taxes and fees.
  3. Automatic renewal:
    Subscription services are automatically renewed and charged at the specified billing cycle. Users may cancel their subscription at any time to stop automatic renewal for the next billing cycle.
  4. App store payments:
    In the case of in-app payments made through the Apple App Store or Google Play Store, the terms of use and payment policies of the respective store shall prevail.
  5. Withdrawal of subscription and purchase (refund policy):
    a. Credits:
    If credits purchased by the User have not been used at all within 7 days of purchase, the User may withdraw from the purchase (full refund).
    If any portion has been used, a refund for the remaining portion may be processed in accordance with the Company’s internal policies, in which case penalties, payment processing fees, and similar charges may be deducted.
    b. Subscription services:
    (1) If the Service (such as image generation) has not been used at all within 7 days from the start of the subscription, a full refund is available.
    (2) If 7 days have elapsed, or if the Service has been used even in part, the subscription fee for the relevant billing cycle is not refundable in principle. However, by way of exception, refunds may be made in cases specified by law, such as where the Service could not be used due to reasons attributable to the Company.
    (3) Upon cancellation of the subscription, the User’s right to use the Service will be maintained until the end of the current subscription period that has already been paid for, and the subscription will not be renewed from the next billing date onward.
    c. If the service use agreement is terminated because the Member has violated applicable laws or these Terms, any remaining usage fees and credits may not be refunded.

11. Suspension of the Service

  1. The Company may temporarily suspend provision of the Service if unavoidable circumstances arise, such as maintenance, replacement, regular inspection, or construction of service-related facilities. In such cases, the Company will provide prior notice; provided that in urgent situations, notice may be given after the fact.
  2. The Company may suspend provision of the Service in the event of force majeure such as natural disasters, national emergencies, power outages, or communication failures.

12. Termination of the Service

  1. The Company may terminate the Service for significant business reasons, such as deterioration of profitability or discontinuation of the Service due to technological advances.
  2. In such cases, the Company will provide notice on the Website and notify Users at least 30 days prior to the termination date of the Service.

13. Damages

  1. The Company shall not be liable for any damages incurred by Users in connection with the use of services provided free of charge, unless otherwise specifically provided by applicable laws and regulations.
  2. If the Company incurs damage as a result of a User’s violation of these Terms, the User who violated these Terms shall be liable to compensate the Company for all damages incurred.
  3. If a User incurs damage due to the Company’s willful misconduct or gross negligence, the Company shall be liable for such damage.

14. Dispute Resolution

  1. Disputes between the Company and Users shall be resolved amicably through consultation based on the principles of good faith.
  2. If a dispute is not resolved through consultation under paragraph 1 and litigation is instituted, the court having jurisdiction over the location of the Company’s head office shall be the court of exclusive jurisdiction.

15. Special Provisions

Matters not specified in these Terms shall be governed by applicable laws and regulations, individual service usage guidelines established by the Company, or separate terms and conditions.

16. Disclaimer

  1. The Company shall be exempt from liability for failure to provide the Service where such failure is due to force majeure such as natural disasters or events of equivalent nature.
  2. The Company shall not be liable for any disruption in the use of the Service attributable to the User.
  3. The Company shall not be liable for any loss of expected profits by the User through the use of the Service, nor shall it be liable for any damages arising from materials obtained through the Service.
  4. The Company shall not be liable for the reliability, accuracy, or other aspects of the information, data, or facts posted by Users.
  5. The Company has no obligation to intervene in disputes arising between Users, or between Users and third parties, through the medium of the Service, and shall not be liable for any damages arising from such disputes.