Terms of Service
05/12/23
Article 1: Purpose
These integrated terms of service (the "Terms of Service") are intended to govern the use of all paid and free integrated services (the "Services") of Lasco.ai provided by SNOW Corporation (the “Company”) by any visitor, user or other individual or entity (“you” or “user(s)”). The purpose of the Terms of Service is to regulate the terms of service, usage procedures, rights and obligations of users and the Company, as well as other general matters related to the use of the Service. Users who opt to purchase the Company’s paid services shall also agree to and accept the terms of service regarding the paid services of Lasco.ai provided by the Company.
The Terms of Service, along with the privacy policy, apply to the entire use of the Service. Please carefully read and familiarize yourself with both before using the Service.
Article 2: Effect of and any Amendments to the Terms and Conditions
- By using the Service, you agree to enter into a service usage agreement with the Company on the Terms of Service.
- The Company may refuse or terminate service agreements with users in the following cases:
- Users have lost membership to the Service in the past due to their own fault, except when the Company granted permission to re-use the Service;
- The Company is unable to provide the Service for technical reasons;
- Users intend to use the Service for illicit purposes, such as sharing explicit material or content that is harmful to minors;
- Users who have been sanctioned, such as being suspended from using the Service, that terminate the service agreement during the sanctioned period and apply to re-use the Service;
- Users intend to violate relevant laws or undermine social order, public safety or decency in using the Service; and
- Users fail to meet the Company’s requirements for use of the Service, their use is found to be illegal or unfair, or if there are circumstances attributable to the user for which the Company cannot approve their use of the Service.
- Depending on users’ qualifications or age, the Company may restrict certain aspects of the Service.
Article 3: Posting and Amending the Terms of Service
- The Terms of Service apply to all users who use the Service.
- The Company shall publish the Terms of Service on the Service’s main webpage and make it easily accessible to users.
- The Company may amend the Terms of Service within a scope that does not violate relevant laws. If the Company amends the Terms of Service, it shall provide notice to users at least ten (10) days prior to the effective date of the changes, specifying the effective date and the reasons for the changes. However, if the changes are unfavorable to users, the Company will notify users at least 30 days prior to the effective date of the changes.
- If the Company notifies users of the amended Terms of Service in accordance with this Article, and despite the Company clearly notifying or informing users that their failure to express refusal to accept the amended Terms of Service will be deemed as their agreeing to the changes, if users do not explicitly express their refusal to the amended Terms of Service by the effective date, the Company will have deem that the users have agreed to the amended Terms of Service.
- If users do not agree to the amended Terms of Service, they may discontinue their use of the Service and terminate the service agreement with the Company by submitting a withdrawal or termination request.
- Agreeing to the Terms of Service means that users agree to regularly visit the Terms of Service to review any changes. The Company shall not be responsible for any damages incurred by users due to their negligence or lack of knowledge regarding any changes to the Terms of Service.
Article 4: Other Rules
- The Company may establish detailed operational principles relating to the use of Service as necessary, and announce them in accordance with the method specified in Article 3.
- The Company’s detailed operational principles and any other rules announced by the Company in accordance with relevant laws and regulations, including the Terms of Service, shall also constitute part of the service agreement between users and the Company.
Article 5: Qualifications for Use of Service
- The Service is not intended for use by minors. Access to the Service may be restricted by country-specific child age standards.
- To use the Service, users must meet the minimum age required stated in this Article. Furthermore, if users are minors or if parental/guardian consent is required for user of the Service under relevant laws, users must obtain requisite parental/guardian consent or have a parent/guardian enter into the service agreement with the Company on their behalf.
- Except as explicitly allowed by the Terms of Service, users may not use the Service on behalf of another person or enter into a service agreement on behalf of another person. Only those who have valid legal authority to agree to the Terms of Service on behalf of another person and use the Service in their place may do so.
Article 6: Registration
- To use the Service, users shall agree to the Terms of Service and register as a member in accordance with the method provided by the Service.
- If users register to become members, they must provide complete and accurate information. Users must update any changes to their provided information.
- Within the scope permitted by the Company, users may choose to link desired accounts when registering as members to the Service. If the Company provides a method to link accounts with third-party services (such as with Discord), users will be notified and shall provide consent prior to such linkage.
- Once users have completed their membership registration, they can manage their profile information, including their nicknames and profile images. The Company reserves the right to change any inappropriate nicknames or profile images at its discretion, and may also restrict users’ use of the Service by imposing warnings or suspensions, or withdrawing any user from the Service, depending on users’ number of repeated violations.
Article 7: Protection of Personal Information
- The Company complies with relevant laws and regulations, such as the Personal Information Protection Act of the Republic of Korea (“Korea”) and Korea’s Act on Promotion of Information and Communications Network Utilization and Information Protection. The Company makes efforts to protect the personal information of its users.
- The specific details regarding the collection, use, provision and outsourcing (referred to as “processing”) of user’s personal information are specified in the Company’s privacy policy. The Company obtains users’ consent regarding their personal information upon their registration to the Service, and the Company shall process user’s personal information accordingly.
- The Company or its representatives will not ask for or collect user’s personal information for personal use, nor shall it transfer any sensitive personal information provided by users to third parties. The Company does not assume any responsibility for any personal information exposed as a result of users’ own actions or negligence.
- If the Company is obligated to submit personal information or other data in accordance with relevant laws and regulations, the Company may submit users’ personal information or other data in compliance with such laws and regulations.
Article 8: Notification to Members
- Unless otherwise specified herein, the Company may notify its users through electronic messages (hereinafter referred to as "Notification Method").
- If a notice is intended for all users of the Service, the Company may post notifications on the Service, thereby satisfying the requirement immediately above. However, if specified otherwise in the Terms of Service, the above provision of this Article shall apply.
Article 9: Acquiring and Using Credits
- “Credits” are commodities used in the Service provided by the Company, and the Company may change the name of such commodity at its discretion at any time.
- Users can use the Service within the limit of the number of Credits they possess. Credits shall be classified as
follows:
- Free Credits: Credits provided by the Company, free-of-charge. The quantity and timing of the Company’s providing free Credits to users may change according to the Service’s operational policy. The Company may also stop providing free Credits to users at any time, without prior notice.
- Paid Credits: Credits that are provided to users through paid purchases or subscription products that users purchase.
- Credits are depleted based on users’ usage of the Service. The amount of Credits used in the Service vary depending on the quantity of images generated, the size and resolution of the images generated.
- If necessary changes are made to the system framework (such as technical specifications), the Company may provide separate paid services, and the details will be announced through the Service.
- The terms of service relating to the Credits are incorporated herein by reference. Users shall refer to the terms of service relating to the Credits for further details relating to the use of credits, payments, third-party processing, among other topics.
Article 10: User Compliance
- In using the Service, users shall not input or upload any content (including, but not limited to, any prompts, texts, images and other information) that infringe upon the intellectual rights or other rights of any party, infringe privacy or portrait rights of any party, or contain illegal, violent or obscene imagery or wording.
- Users shall not create, post, or share contents that infringe upon the intellectual property rights or other rights of any party, infringe privacy or portrait rights of any party, or contain illegal, violent or obscene imagery or wording.
- The Company may filter, block, remove or delete content that violates this Article at any time, at its sole discretion. The Company may also restrict any user’s use of the Service by deleting image generation records, chat records that violate sanction criteria, by suspending users or by terminating any such user from the Service.
Article 11: Prohibited Acts and Restrictions on Use
- Users must comply with relevant laws, the Terms of Service, the Company’s operational principles and any cautionary notices or instructions provided by the Company. Users must not engage in any actions that disrupt the Company’s operations or the Service.
- Users must not engage in the following activities in relation to using the Service. If any user engages in any of the
provisions below, the Company may restrict the user’s use of the Service.
- Impersonating another person or entity or pretending to be someone or something a user is not;
- Unauthorized modification of information posted by the Company;
- Infringing copyright or intellectual property rights of the Company or other third parties;
- Damaging the Company’s reputation or those of other third parties, or interfering with business operations;
- Transmitting or posting information other than information permitted by the Company;
- Abnormal use of the Service or attempting to or obtaining unauthorized access to the Service, contrary to the instructions provided by the Company;
- Impersonating the Company or any of its employees;
- Entering or disclosing obscene or violent messages, recordings, images or other information that violates public morals, into the Service;
- Acts that intentionally disrupt or could possibly disrupt the operation of the Service or interfere with its stable operation, or transmitting advertising information against the express intent of a recipient;
- Granting access rights to the Service to a third party other than oneself;
- Using the Service for improper purposes, such as violating relevant laws or jeopardizing public order or morals;
- Engaging in activities prohibited by the Terms of Service or the Company’s operational principles, as determined by the Company; and
- Other actions in violation of relevant laws and regulations, the Terms of Service, the Company’s operational principles or any cautionary notice.
- Additionally, if the Company suspects that a user is using the Service in a deviant manner, such as in a manner that infringes third party rights or by engaging in other inappropriate methods, the Company can restrict such user’s use of the Service.
- Furthermore, because the Company uses Stable Diffusion AI technology in the Service, users who use the Service agree
to abide by the terms and conditions of the Stable Diffusion AI technology license, which is incorporated herein in
its entirety by reference. Specifically, users may not use the Service in the following ways, which are explicitly
prohibited under the Stable Diffusion AI technology license (Attachment A):
- In any way that violates any applicable national, federal, state, local or international law or regulation;
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
- To generate or disseminate verifiably false information and/or content with the purpose of harming others;
- To generate or disseminate personal identifiable information that can be used to harm an individual;
- To defame, disparage or otherwise harass others;
- For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
- For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
- To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
- For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
- To provide medical advice and medical results interpretation;
- To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
Article 12: Intellectual Property
- The Service does not claim exclusive ownership or usage rights over the information that user input or upload onto the Service, nor does claim such ownership or usage rights to the resulting outputs.
- Users agree that photos submitted by users to utilize any of the Company’s Services, including the Lasco.ai integrated service, will be used for the purpose of generating the result of the relevant Service. Users photos submitted shall be immediately deleted after the result is generated by the relevant Service.
- To facilitate the smooth provision of the Service, users shall grant the Company and its successors the rights to store, reproduce, publicly transmit, display, distribute, sublicense (without limitations on duration or territory, and without requiring separate compensation), and make derivative works of the inputted or uploaded information by users onto the Service and the resulting outputs. This granting of rights to the Company shall remain in effect even after users terminate their usage of the Service, regardless of the users’ reasons for termination, unless otherwise agreed upon between the user and the Company.
- The information that users input or upload onto the Service and the resulting outputs may be disclosed by the Company within the Service or any integrated third-party services, may be accessed and used by other users of the Service within the Service (including any secondary uses and modifications), and may be viewed and accessible to the general public.
- The Company may use the information that users input or upload onto the Service, including any resulting outputs, for the purpose of operating and improving the Service, for conducting further research development and to promote the Service.
- Users have full responsibility and freedom to use the results generated. The Service does not assume any responsibility for the use of information and content inputted or uploaded by users, and all liabilities arising therefrom rest solely with the users.
- The copyrights and other intellectual property rights related to the design of the Service, texts, scripts, graphics created by the Company, and any trademarks, service marks, logos, and other, which relate to the Service, are owned by the Company in accordance with the laws and regulations of Korea and other relevant jurisdictions.
- Users of the Service do not gain ownership of or copyrights related to the Service simply by accepting the Terms of Service. Users shall only possess the right to use the Service within the scope permitted by the Company, and this does not include the right to provide the Service to others or to use the Company’s trademarks, logos, and other intellectual property rights, unless expressly permitted.
- Users are not allowed to copy or distribute texts, scripts, graphics or any other materials created by the Company, except for content that the Company explicitly permits for distribution.
- This Article shall survive termination of the service agreement between any user and the Company.
Article 13: Notice of Infringement and Suspension
- If any user or person finds that a post on the Service infringes copyright or other intellectual property rights of
another, the holder of such copyright or other intellectual property right may report such infringement to the
Company and request the post to be taken down in accordance with relevant laws (each, a “Takedown Request”).
The report to be submitted to the Company must include the following:
- Clear explanation of the post that is alleged to have infringed rights, and the rights allegedly being infringed;
- Detailed description of the alleged post, such as the location of the post within the Service, which would allow the Company to locate the post;
- Documentation evidencing that the claimant holds the alleged rights being infringed, and relevant personal information (such as name, and contact information) of the claimant; and
- In necessary cases, a power of attorney if the claimant is acting on behalf of the actual right holder.
- Upon receipt of any Takedown Request, the Company may take certain actions, such as discontinuing or deleting the relevant post, in accordance with the procedures prescribed by relevant laws. The Company will investigate the Takedown Request and take appropriate measures in accordance with intellectual property laws, such as the Copyright Act or the Digital Millennium Copyright Act (DMCA), or other relevant laws, based upon the results of the investigation.
Article 14: Change and/or Disruption to the Service; Disclaimers
- The Company shall strive to provide the Service continuously and in a stable manner. However, the Company may
restrict or suspend use of the Service (in whole or in part) in the following situations:
- For regular maintenance or construction of equipment relating to the Service;
- If a third party or a user engages in illegal acts, criminal activities or interferes with the Company’s operations;
- Power outages, system failures or other equipment malfunctions, disruptions in wired or wireless networks, or excessive usage that impacts normal usage of the Service;
- Uncontrollable or force majeure circumstances such as natural disasters, national emergencies, power outages, etc., that are beyond the Company’s control.
- The Company will provide prior notice or separate notification to users if there are any changes to or discontinuation of the Service, and the date of such change or discontinuation. However, if the Service is interrupted due to reasons beyond the Company’s control, such as system crashes or disk failures that occur without the Company’s fault), it may not be possible for the Company to provide the users with prior notice.
- The Company may modify, change or terminate all or a part of the Service if there is a significant need to operate or improve the Service. For any modifications, changes or terminations of the Service, the Company will not provide any separate compensation to users unless otherwise specified by applicable laws.
- The Company may restrict the use of the Service in certain countries as a result of issues relating to copyright, business jurisdiction or other issues. Any additions or changes to the restricted countries will be announced in advance.
- Except as limited by applicable law, the Service is provided on an “AS AVAILABLE” and “AS IS” basis, and is without any warranty of any kind, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and noninfringement. You agree to use the Service at your own risk. These disclaimers shall survive termination of the service agreement between any user and the Company.
Article 15: Termination of Usage
- Users can terminate their use of the Service at any time by withdrawing their membership. The Company will promptly handle requests for withdrawal in accordance with applicable laws and regulations. However, even after a user’s withdrawal from the Service, existing chat messages, generated outputs and uploaded posts will not be deleted. As such, if users wish to have such information removed, they will need to manually delete them prior to their withdrawal from the Service.
- If a user’s account with the Service is linked to a third-party service (such as Discord), withdrawing from the Service will not automatically withdraw the user from the third-party service. If the user wishes to withdraw from the third-party service, the user should follow the separate procedures in accordance with the operating policies of the third-party service.
- If users withdraw from the Service, the information they provided during their registration will be immediately deleted. For more detailed information about personal information, please refer to the privacy policy.
Article 16: Damages
- If users violate the Terms of Service and cause damage to the Company, the relevant users shall compensate the Company for all incurred damages.
- If users receive claims for damages or lawsuits from third parties as a result of users’ illegal activities or having violated the Terms of Service, such users shall indemnify the Company as their own responsibility and expense.
- If any user incurs damages as a result of the Company violating the Terms of Service, the Company shall compensate the user for reasonable, identifiable and agreed-upon damages incurred.
Article 17: Limitation of Liability
- The Company does not guarantee completeness, integrity, appropriateness or any other aspect of the results generated by using the provided features of the Service. Users must comply with the Terms of Service and applicable laws and regulations at their own responsibility, and the Company shall not be held responsible for the user’s actions.
- The Company shall not be responsible for any disputes (including any transactions between users, disclosure of personal information, infringement of any intellectual property rights, defamation, slander or other illegal activities) and any resulting damages therefrom between users or between users and any third parties.
- The Company shall be exempt from liability for being unable to provide the Service in the event of any force majeure situation or other circumstances beyond the Company’s control.
- The Company shall not be responsible for any disruptions to the Service cause by any user.
- The Company shall not assume any responsibility for transactions or any other matters between users or between users and any third parties facilitated through the Service, unless expressly attributable to the Company’s fault.
- The Company shall not be held responsible for any loss of expected profits incurred by users using the Service, unless expressly attributable to the Company’s fault. Furthermore, the Company shall not be liable for damages resulting from materials obtained through using the Service.
- The Company shall not be responsible for the reliability, accuracy or content of information, data or facts entered to posted by users onto the Service.
- The Company shall not assume responsibility for any content created by users or any content that infringes upon copyright or intellectual property rights of third parties, or defames, slanders or otherwise is illegal, including any damages caused or risks imposed by such content.
- The Company, its employees, directors, representatives and assigns shall not be held liable for damages that arise
from the following circumstances, unless the Company’s gross negligence or willful misconduct is proven:
- False or inaccurate user information;
- Failures in telecommunication lines or services outside of the Company’s scope or similar reasons resulting in disruptions to the Service;
- Any illegal access to services or illegal use of servers by third parties;
- Any illegal interference, interruption or transmission to or from servers by third parties;
- Any viruses, spyware, or other malicious programs transmitted, distributed, or allowed to be transmitted or distributed through the Service by third parties.
- This Article shall survive termination of the service agreement between any user and the Company.
Article 18: Indemnification
- Users agree to defend and indemnify the Company and its directors, officers, shareholders, employees, and agents from
any and all damages, at the users’ expense and responsibility, including all problems, claims, damages, liabilities
and costs (including attorney’s fees and costs permissible under applicable law) arising out of or in connection with
the following circumstances:
- Users’ use of the Service or activities relating to the Service;
- Allegations that the users’ use of the Service or activities relating to the Service violates the Terms of Service or applicable laws;
- Allegations of any infringement, violation, or misuse of copyrights, trademarks, trade secrets, design rights, trade dress, patents, publicity rights, privacy rights, confidentiality obligations or other rights of third parties regarding all information and content entered and uploaded by users in the Service;
- False statements, fraudulent acts and other similar actions committed by users.
- If users must indemnify the Company against any such claims or allegations at their expense, the Company reserves the exclusive right to take control of the defense, and users agree to cooperate with the Company in the Company’s defense of such claims.
- This Article shall survive termination of the service agreement between any user and the Company.
Article 19: Dispute Resolution and Jurisdiction
- Unless otherwise expressly stated in writing, the Terms of Service shall be governed and interpreted in accordance with the laws of Korea, and in the event of a lawsuit relating to disputes between the user and the Company arising from the use of the Service, the court of first instance shall be the competent court pursuant to the Civil Procedure Act of Korea.
- If a user resides outside of Korea, regardless of the preceding clause, the jurisdiction for lawsuits related to disputes with the Company or regarding the Service shall be the Seoul Central District Court.
- This Article shall survive termination of the service agreement between any user and the Company.
Article 20: Miscellaneous
- Assignment: Users shall not be permitted to transfer, delegate, donate, entrust or provide collateral for all or part of the rights or obligations imposed or incurred pursuant to the Terms of Service without the Company’s prior written consent. However, the Company may transfer the Service to a third party for operational reasons, then the Company may do so without users’ consent.
- Severability: If any provision of the Terms of Service is unable to be enforced or deemed invalid by law, the remaining provision of the Terms of Service shall remain valid and applicable.
- Waiver of Rights: If the Company does not enforce or temporarily postpones the enforcement of the Terms of Service against any user, it shall not be deemed as a waiver of the Company’s right to enforce the Terms of Service against any user.
- Survival: All provisions of the Terms of Service that are described as surviving termination or which by their nature should survive any termination or expiration of the service agreement between users and the Company shall survive.
- This Article shall survive termination of the service agreement between any user and the Company.
Effective Date: The changed Terms of Use will be effective on December 1, 2023.