This English version of the Terms of Service is provided for convenience only. In the event of any discrepancy between the original Korean version and this English translation, the Korean version shall prevail.

These Terms of Service (“Terms”) constitute a contract governing the use of the Wink website, which provides persona AI services and related content (the “Service”). By creating an account for the Service or otherwise using the Service, you are deemed to have agreed to these Terms.

By agreeing to these Terms, any individual or entity that uses the Service (a “User”) agrees that, in the event of any dispute with CNAI Co., Ltd., which provides the Service (the “Company”), the procedures set forth in these Terms shall be followed first in seeking to resolve such dispute.

The Company expects to continuously update these Terms and other policies relating to the Service in the course of developing and improving the Service.

The Company may amend these Terms and related policies from time to time. Any such amendment will be notified to Users on the main page of the Service or on a linked page, together with the reason for the amendment, the details of the amendment, and the effective date.

The Company will provide such notice at least seven (7) days prior to the effective date of the amended Terms; provided that, in the case of amendments that involve material changes to Users’ rights or obligations, the Company will provide notice at least thirty (30) days prior to the effective date.

Information about amendments may also be communicated to Users through additional channels (such as social media).

Where the Company gives notice of an amendment to these Terms stating that a User will be deemed to have agreed to the amended Terms if the User does not expressly reject them by the effective date, then if the User does not provide such express rejection by the effective date, or continues to use the Service after the effective date, the User will be deemed to have agreed to the amendment.

If a User does not agree to any amendment to these Terms or related policies, the User may terminate this contract by withdrawing from the Service (for example, by cancelling their Account).

Any delay or failure by the Company to enforce any provision of these Terms shall not be construed as a waiver of its right to enforce such provision. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions.

Definitions

“User” means any individual or entity that follows the account creation procedure on the website in order to use the Service and enters into a usage contract with the Company.

“Input Data” means all text (including numbers and symbols), voice, sound, images, videos, and any combinations thereof that a User provides while using the Service.

“Output Data” means all text (including numbers and symbols), voice, sound, images, videos, and any combinations thereof that are generated by AI within the Service in response to a User’s Input Data.

“Item(s)” means virtual data within the Service that is used to access or utilize certain features of the Service, which Users may purchase and use by paying a fee.

Service Agreement 

User Eligibility

The minimum age to become a User of the Service is fourteen (14) years old, or the minimum age in the User’s country at which they are legally able to consent to the collection and use of their personal data, whichever is higher.

To enter into a service agreement, a User must create an Account on the website and provide accurate and complete information for all fields requested by the Company during the Account creation process. The Company shall not be responsible for any issues arising from the User’s failure to provide accurate or truthful information, including any resulting problems in the normal use of the Service.

An application for a service agreement is deemed to have been made at the time the User agrees to these Terms and applies to register as a User. The service agreement between the User and the Company is established at the time the Company expressly accepts such application.

The Company may refuse to accept an application for a service agreement, or may revoke its acceptance, for any of the following reasons:

(1) Where the information required for Account creation is falsely provided, or the requirements for creating an Account are not met;

(2) Where the User attempts to use the Service from a country in which the Company does not provide the Service, by abnormal or indirect means (including circumvention techniques);

(3) Where the application is made for the purpose of engaging in acts prohibited by applicable laws or regulations;

(4) Where the application is made for the purpose of disturbing public order or good morals;

(5) Where the User intends to use the Service for unlawful or improper purposes;

(6) Where the User intends to use the Service for additional commercial profit beyond the scope permitted by the Company; or

(7) Where, for any other reason comparable to those listed above, the Company reasonably determines that acceptance of the application would be inappropriate.

Use of the Service

Beta Service

This section applies where the Company provides a beta version of the Service prior to the launch of the official service.

In the case of a beta service, the Service is provided as a stage for testing and developing features, and is not a fully released, general service. As such, service errors may occur, including inconsistent quality, damaged Content or Output Data, and other malfunctions.

Accordingly, except where prohibited by applicable law, the Company does not, during the beta service stage, warrant the completeness, merchantability, reliability, stability, accuracy, fitness for any particular purpose, or any level of satisfaction or suitability that might ordinarily be expected from a fully developed service.

The Company will specify in advance the features that can be used during the beta stage and the types of issues that may occur, and Users must be aware of this information when using the Service. If a problem occurs in connection with matters that the Company has notified in advance, the Company shall not be liable for such problem.

Obligations of the Company

The Company will make efforts to provide the Service on a continuous and stable basis in accordance with these Terms, the Service Policy, and applicable laws and regulations.

The Company will not provide a User’s personal information, or other information provided to the Company in connection with the use of the Service, to any third party without the User’s prior consent or a lawful basis under applicable laws and regulations.

If any illegal or socially harmful Content created by a User or generated in the course of using the Service is identified, the Company will promptly delete or block such Content in accordance with applicable laws and regulations and the Company’s internal policies.

The Company will give prior notice to Users regarding important matters such as material changes to the content of the Service, temporary suspension of the Service, or changes to the policies on the collection and use of personal data.

Obligations of Users

Users must comply with these Terms, the Service Policy, all applicable laws and regulations, and any other documents or guidelines provided by the Company in connection with the use of the Service, in respect of all actions taken and results arising from their use of the Service.

By agreeing to these Terms, a User may not assign or transfer any rights or obligations expressly set forth in, or otherwise covered by, these Terms.

Users must keep their login credentials required to use the web-based Service (such as email address and password) confidential. The Company shall not be liable for any issues arising from the disclosure of such login credentials due to the User’s negligence.

Users must ensure that any Input Data they provide to the Service does not infringe, and is not intended to infringe, the rights of any third party.

The following acts, as well as any acts prohibited by applicable laws and regulations, are strictly prohibited. Depending on the nature and severity of a violation, the Company may restrict or suspend a User’s access to, or use of, the Service, or take other appropriate measures:

(1) Infringing the rights of the Company, other Users, or any third party;

(2) Using another person’s information or payment method without authorization;

(3) Lending, transferring, or otherwise granting access to a User’s Account to any third party;

(4) Providing Input Data to AI characters, or requesting or inducing the generation of Output Data, that is inappropriate under applicable laws or generally accepted social norms, including content that is offensive, violent, or sexual in nature;

(5) Repeated or automated inputs that are intended to cause the AI model to operate abnormally or to exploit bugs or errors;

(6) Attempting to circumvent any design, technical measure, or security feature implemented to protect the Service or any related technology;

(7) Copying, disassembling, reverse engineering, decompiling, decoding, or otherwise modifying the Service, in whole or in part, in order to reproduce, analyze, or create derivative works from it;

(8) Using the Service in any way that deviates from normal, intended use, including by using hacking techniques, automated access programs, or similar methods; or

(9) Modifying, copying, leasing, selling, or distributing the Service, in whole or in part, without the Company’s prior authorization.

AI

The Company is continuously working to develop and improve the Service.  

However, AI is a rapidly evolving and changing field, and unexpected issues may arise in terms of reliability, stability, accuracy, and other aspects. The Service, which makes use of AI, inherently carries similar risks.

Accordingly, Users must understand and accept the following when using the Service:

(1) The Service is an AI service provided for entertainment and experimental purposes, and is not a service that provides real-time information or professional consultation.

(2) Characters within the Service are not real human beings, and do not represent any single individual or group, nor the intentions, views, or values of the Company providing the Service.

(3) Output Data may contain inaccurate or distorted information, and similar or identical Output Data may be generated depending on the User’s Input Data and the context in which it is provided.

(4) Output Data may include opinions that are unrelated to the Company’s intentions, views, or values, and may contain biased or inappropriate expressions regarding specific individuals, groups, or events.

(5) Output Data does not constitute professional advice of any kind, including but not limited to legal, medical, financial, or technical advice, and it must not be used by Users as the basis for making judgments or decisions about their own situations.

(6) The Company hereby clearly notifies Users that Output Data is generated based on probabilistic inference and that the Company does not guarantee the accuracy or completeness of such information.

Suspension of the Service

The Company may temporarily suspend the provision of the Service in the course of developing and improving it. In such cases, the Company will notify Users via the main page of the Service, together with the reason for the suspension and its expected duration. Information about the suspension may also be communicated to Users through additional channels (such as social media). If the Company permanently discontinues the provision of any Paid Service, it will notify Users at least thirty (30) days in advance.

The Company may suspend the provision of all or part of the Service for any of the following reasons. In such cases, the Company will, in principle, provide prior notice at least thirty (30) days in advance; however, where it is unavoidable, the Service may be suspended without prior notice, and the period of suspension may be undefined:

(1) Where technical measures are required for the enhancement, maintenance, or inspection of the Service or AI systems;

(2) Where urgent action is required due to system failures, hacking, security threats, or similar issues affecting the Company or its partners;

(3) Where errors or malfunctions in AI algorithms are likely to cause social or legal problems;

(4) Where it becomes difficult to provide the Service normally due to reasons attributable to external partners, including but not limited to problems with servers of AI model providers used by the Company in providing the Service;

(5) Where the use of the Service is restricted due to amendments to applicable laws or regulations, or due to orders or directions from administrative or judicial authorities;

(6) Where the normal provision of the Service is impossible due to force majeure events such as war, armed conflict, national emergency, or natural disaster; or

(7) Where the Company determines to discontinue the Service due to deterioration in its profitability or for other managerial or business reasons.

Intellectual Property Rights

All rights, title, and interest in and to the Service and its components are owned by the Company or by those who have granted rights to the Company. Users may not, for commercial purposes, use any part of the Service by reproducing, transmitting, editing, publishing, performing, distributing, creating derivative works from, or otherwise exploiting it.

Where a User creates a derivative work using another User’s Input Data, the rights to such derivative work shall be determined in accordance with the rights of the original copyright holder and the Company’s policies.

Users must take care not to infringe the copyrights or other intellectual property rights of original rights holders when creating or using any derivative works. All civil and criminal liability arising from any such infringement shall rest solely with the User.

Subject to these Terms, the intellectual property rights in a User’s Input Data and in any Output Data generated based on such Input Data belong to the User, and the User is solely responsible for any use of such Output Data. However, the Company does not guarantee that any intellectual property rights will arise in relation to Input Data or Output Data. The Company may use Users’ Input Data and Output Data, to the extent necessary for promoting the Service on and off the Service, enhancing AI models, and improving the Service, by modifying, adapting, reproducing, transmitting, distributing, displaying, performing, or creating derivative works from such data. To protect Users’ privacy and personal information, the Company may choose not to display a User’s real name or pseudonym (nickname) in connection with such use.

If the Company determines that any Input Data, or any Output Data corresponding to such Input Data, materially violates these Terms, the Service Policy, or applicable laws and regulations, or may cause harm to other Users or third parties, the Company may delete all or part of such Input Data or Output Data, or refuse to generate Output Data based on such Input Data.

If a User believes that another User’s Input Data or Output Data infringes their rights, the User may assert their rights by contacting the Company via email or through this form. Upon receiving such a claim, the Company will review the matter and, to the extent it is within the Company’s control, take necessary measures in accordance with applicable laws and regulations.

Withdrawal from the Service and Termination of the Agreement

Users may withdraw from the Service and terminate their contractual relationship with the Company at any time.

The Company may suspend a User’s access to the Service, terminate the service agreement, and delete the User’s Account for any of the following reasons, and depending on the circumstances, such measures may be taken without prior notice:

(1) Where the User violates these Terms, the Service Policy, or any applicable laws or regulations;

(2) Where the User uses the Service with the intent or effect of causing risk or harm to the Company, other Users, or any third party; or

(3) Where any other reason arises that is comparable to those set out above.

If a User’s access to the Service has been suspended or restricted due to a misjudgment by the Company, the User may file an objection and request the lifting of such measures by contacting the Company via email or through this form. The Company shall review such objections and take appropriate measures based on the results of its review.

Disclaimer and Indemnification

The Company does not guarantee the accuracy, stability, reliability, or suitability of any outputs automatically generated based on AI technology, and shall not be liable for any damages incurred by the User or any third party as a result of the User’s reliance on or use of such outputs.

The Company shall not intervene in any disputes arising between Users, or between a User and any third party, in connection with the use of the Service or any Service outputs, and shall not be liable for any damages arising therefrom.

The Company does not guarantee the reliability, accuracy, or stability of any information provided by the User or any third party in connection with the Service, and shall not be responsible for any decisions made or results arising from such information.

The Company shall not be liable where the provision of the Service is difficult or interrupted due to any of the service suspension grounds specified in these Terms, nor for any consequences resulting from such suspension.

If a User causes damage to the Company by violating these Terms, the Service Policy, or applicable laws, the User shall be liable to compensate the Company for such damages. In addition, if any third party brings a claim or dispute against the Company as a result thereof, the User shall indemnify and hold the Company harmless at the User’s own expense, and shall compensate the Company for all damages incurred in connection therewith.

Dispute Resolution and Arbitration

Good-Faith and Prior Resolution

In the event of any dispute between the Company and a User, the Company will make good-faith efforts to consult with the User in order to resolve the dispute promptly and amicably. The User shall also cooperate in good faith with the Company’s legitimate procedures for dispute resolution.

Before initiating any formal legal proceedings, and in order to attempt amicable resolution and prior consultation, the User may share the issue with the Company via email or through this form. The Company shall review the matter and take appropriate measures based on the results of its review.

Arbitration and Governing Law

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea.

If a User resides in the Republic of Korea, the User may bring an action in a court of competent jurisdiction in accordance with applicable laws and regulations in connection with any dispute arising out of or relating to these Terms or the Service.

If a User resides outside the Republic of Korea, any and all disputes arising out of or in connection with these Terms or the Service shall be finally resolved by arbitration administered by the Korean Commercial Arbitration Board (KCAB) in accordance with its Arbitration Rules. The number of arbitrators shall be one (1), and the seat of arbitration shall be Seoul, Republic of Korea. The arbitration shall be conducted in the Korean language; provided, however, that if the parties so agree, the arbitration may be conducted in English or another mutually agreed language.

The arbitral award shall be final and binding on the parties, and the parties agree to comply with and be bound by such decision.

Notwithstanding the foregoing, either the Company or the User may bring an action in a court of competent jurisdiction for urgent legal relief, including but not limited to applications for injunctive relief or provisional remedies.

Severability

If any provision of these Terms is held to be invalid or unenforceable under applicable laws or by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Even where a provision is invalid or unenforceable, it shall be interpreted, to the maximum extent permitted, in a manner that most closely reflects the original intent of the provision, and the parties may consult in good faith to replace such provision with a valid provision that best reflects that intent.