Fotome Terms of Service

Article 1. Purpose

The purpose of these Terms is to set forth the conditions for using the Company's AI-based profile photo generation service, including service usage, payment and refund rules, handling of uploaded photos and outputs, and the rights and obligations of the Company and users.

Article 2. Company Information

Article 3. Definitions

1. "Service" means the Fotome website, photo upload, AI photo generation, album review, download features, and related services provided by the Company.
2. "User" means a person who agrees to these Terms and uses the Service.
3. "Member" means a person who uses member features through Google login or another authentication method provided by the Company.
4. "Uploaded Photos" means photos, image files, metadata, and related files uploaded by the User to use the Service.
5. "Output" means photos or image files generated by AI models based on the User's selected settings and Uploaded Photos.
6. "Paid Service" means a paid photo generation plan, download right, or comparable paid feature.

Article 4. Effect and Amendment of Terms

1. These Terms become effective when posted on the Service screen, website, checkout screen, or through a method designated by the Company.
2. A User is deemed to have agreed to these Terms when using the Service or proceeding with payment.
3. The Company may amend these Terms to the extent permitted by applicable laws.
4. If the Company amends these Terms, it will notify users of the effective date and key changes through the Service or another electronic method.
5. If a User continues to use the Service after the amended Terms become effective, the User is deemed to have agreed to the amended Terms.

Article 5. Service Description

1. The Company provides an AI-based profile photo generation service using photos uploaded by the User and settings selected by the User.
2. The Service may use external AI technologies, including OpenAI's ChatGPT and related AI models or APIs.
3. Due to the nature of AI technology, the quality, likeness, style, color, background, clothing, expression, and facial details of Outputs may differ from the User's expectations.
4. The Company does not guarantee that Outputs will satisfy the requirements of any institution, platform, identification document, resume, company policy, or third-party review process.
5. The Company may change, suspend, or restrict all or part of the Service for service improvement, security, incident response, legal compliance, or operational needs.

Article 6. Membership and Eligibility

1. Membership and login are provided through authentication methods supported by the Company.
2. The User must use the Service with an account and payment method that the User is lawfully authorized to use.
3. The Service may be used only by Users who are at least 18 years old.
4. Persons under the age of 18 may not use any part of the Service, including registration, photo uploads, payments, or photo generation.
5. The User may upload only photos of themselves or photos for which the User has lawful rights or authorization.

Article 7. Payment and Refunds

1. The plan configuration, number of photos, price, payment method, and delivery method follow the information displayed on the checkout screen or product information screen.
2. The Company may process payments through external payment services, including Polar Checkout.
3. Polar Software, Inc. or its affiliates may appear on checkout screens, receipts, card statements, or purchase confirmation emails as the seller, Merchant of Record, authorized reseller, or comparable payment party.
4. When paying through Polar Checkout, the User must agree to these Terms as well as Polar's buyer terms, privacy policy, Acceptable Use Policy, and payment processing rules.
5. Fotome's AI image generation service may be treated as an AI Content Generation tool that requires closer review under Polar's Acceptable Use Policy. The Company or Polar may therefore hold, reject, cancel, or request additional information for an order, payment, generation, download, or refund process to comply with law, card network rules, consumer protection requirements, chargeback risk controls, and prohibited or restricted business reviews.
6. The User can review results for 7 days after payment and may request a full refund through the Company's customer support process, Polar Support, or the process provided by the relevant payment provider before the purchase is confirmed.
7. Refunds may be limited by applicable law, the Company's refund policy, Polar review, fraud prevention, payment method policies, and card network rules.
8. If payment fraud, account theft, illegal content upload, or repeated abuse of the refund process is suspected, the Company, Polar, or the payment provider may verify necessary facts before processing a refund.
9. The purchase is automatically confirmed 7 days after payment, and refund requests submitted after purchase confirmation may be limited.
10. Polar or another payment provider may cancel or refund a transaction separately from the Company's default refund policy for payment errors, suspected fraud, chargeback prevention, card network rules, legal obligations, customer protection, or risk management. For payments through Polar, Polar may issue refunds within 60 days of purchase at its own discretion.
11. Refunds are generally processed through the original payment method. Actual completion timing may vary depending on payment processors, card companies, banks, and other external providers.

Article 8. Uploaded Photos and Outputs

1. The User authorizes the Company to store, copy, transform, transmit, analyze, process through AI, and use Uploaded Photos as necessary to provide the Service.
2. The Company processes Uploaded Photos and Outputs for service provision, payment and refund handling, security, incident response, customer support, and legal compliance.
3. The Company does not use Uploaded Photos or Outputs in advertising, marketing, public portfolios, or third-party promotional materials without separate consent from the User.
4. For privacy protection and storage management, Uploaded Photos, intermediate generation files, Outputs, and related files stored on servers may be deleted 30 days after upload, generation, or final processing.
5. If the User requests account deletion, album deletion, or photo deletion, the Company will delete or de-identify relevant information within a reasonable period, except for information required by law or for payment and dispute handling.

Article 9. Rights and Use of AI Outputs

1. Rights to Uploaded Photos remain with the User or the lawful rights holder.
2. The Company allows the User to use Outputs for personal or commercial purposes, provided that the User complies with these Terms and applicable laws.
3. The User is responsible for checking third-party rights and applicable laws, including portrait rights, copyright, trademarks, publicity rights, privacy, defamation, and platform policies.
4. AI Outputs do not certify any real identity, role, qualification, affiliation, clothing, background, or factual relationship.
5. The User must not use Outputs for improper purposes, including forged identification, impersonation, false credentials, financial fraud, illegal advertising, defamation, or sexual or violent content creation.

Article 10. User Obligations

The User must not engage in the following activities.

1. Using the Service while under the age of 18
2. Using another person's account, payment method, photos, or personal information without authorization
3. Infringing another person's portrait rights, privacy, copyright, trademark rights, reputation, or other rights
4. Uploading photos of minors, non-consenting persons, public figures, celebrities, or third parties in a way that impersonates or may cause misunderstanding
5. Using the Service for deepfakes, face swapping, false identity representation, or misleading person image generation
6. Uploading or attempting to generate adult AI-generated content, AI relationship service content, obscene content, sexual exploitation content, illegally filmed content, child or youth harmful content, violent content, hate speech, criminal-purpose content, or any content prohibited by law
7. Attempting to generate content that infringes or enables infringement of trademarks, copyrights, publicity rights, personal information, trade secrets, or any third-party rights
8. Using the Service to collect, search, expose, sell, resell, or distribute another person's personal information, or for OSINT, customer data resale, unauthorized data access, or privacy-infringing purposes
9. Attempting to generate fake testimonials, fake social proof, review manipulation, exaggerated or deceptive advertising, fraudulent claims, "get rich" claims, or content that may be mistaken for regulated medical, financial, or legal advice
10. Using the Service, Outputs, or payment features for physical products, human services, gambling or betting, illegal or age-restricted products, donations, crowdfunding, marketplaces, advertising, spam, bulk outreach, circumvention of another service's rules, or any other business or purpose prohibited or restricted by Polar's Acceptable Use Policy
11. Interfering with or bypassing the security, server, network, payment, authentication, or AI processing of the Service
12. Using automation tools, scraping, abnormal bulk requests, or reverse engineering to interfere with normal operation
13. Abusing refund policies, coupons, promotions, or payment processes
14. Violating applicable laws, these Terms, Service notices, upload guidelines, Polar's Acceptable Use Policy, or reasonable requests from the Company or payment providers

Article 11. Privacy and External Services

1. The Company may process account information, Uploaded Photos, generation settings, payment information, access logs, device information, and other information necessary to provide the Service.
2. Details on personal information processing are provided in the Privacy Policy.
3. The Company may use external services including Google login, OpenAI's ChatGPT and related AI models or APIs, cloud storage, payment and reseller services such as Polar Checkout, and analytics tools.
4. Information required for external services may be transferred overseas or to third-party systems, and the Company takes necessary protective measures in accordance with applicable laws and the Privacy Policy.

Article 12. Restrictions, Liability, and Governing Law

1. The Company may restrict use of the Service without prior notice if the User violates these Terms or interferes with service operation.
2. Restrictions may include login restriction, upload restriction, generation suspension, Output deletion, order cancellation, refund restriction, or account termination.
3. If the User's order, content, or intended use falls within a prohibited product, restricted business, or closer-review category under Polar's Acceptable Use Policy, or if Polar, a card network, payment provider, or authority requests risk review, the Company may hold, reject, cancel, or restrict payment approval, generation, download, refund, or account use.
4. The Company does not guarantee that the Service will meet all expectations, purposes, preferences, review standards, or business needs of the User.
5. The liability of the Company is limited to the amount actually paid by the User for the relevant Paid Service, except in cases of intent or gross negligence by the Company.
6. These Terms are governed by the laws of the Republic of Korea.

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