Terms of Use
Effective Date: October 11, 2025
Last Updated: October 11, 2025
1. Acceptance of Terms
By downloading, installing, accessing, or using NanaChan AI mobile application (the "App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.
These Terms constitute a legally binding agreement between you and HexpyGames, operated by Yeonwoo Jo ("Company," "we," "our," or "us"), governing your use of the App and all related services.
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 19 CAREFULLY.
2. DISCLAIMER OF LIABILITY FOR AI-GENERATED CONTENT
YOU ACKNOWLEDGE AND AGREE THAT:
2.1 NO LIABILITY FOR GENERATED CONTENT
WE ARE NOT LIABLE FOR ANY AI-GENERATED IMAGES OR CONTENT PRODUCED BY THE APP. THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL LIABILITY FOR:
- The accuracy, quality, appropriateness, or completeness of AI-generated images
- Any offensive, inappropriate, or unexpected content in generated images
- Infringement of third-party rights by generated content
- Your use or distribution of AI-generated images
- Any damages arising from reliance on or use of generated content
- Loss of generated images or inability to generate desired results
2.2 AI LIMITATIONS
AI-GENERATED CONTENT:
- May not meet your expectations or requirements
- Can produce unpredictable or unintended results
- May contain errors, artifacts, or distortions
- Is not guaranteed to be unique or original
- May inadvertently resemble existing copyrighted works
- Could potentially generate inappropriate content despite safeguards
2.3 USER RESPONSIBILITY
YOU ARE SOLELY RESPONSIBLE FOR:
- Reviewing all AI-generated content before use
- Ensuring generated content meets your requirements
- Verifying that generated content does not infringe third-party rights
- Any consequences of using or sharing generated content
- Compliance with all applicable laws when using generated content
- Any commercial use of generated images
3. Eligibility and Account Registration
3.1 Age Requirements
You must be at least 13 years old to use this App. By using the App, you represent and warrant that:
- You are at least 13 years old
- If you are between 13-18, you have parental consent
- You have the legal capacity to enter into these Terms
3.2 Account Creation
To access certain features, you must create an account using Google Sign-In or Apple Sign-In. You agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Promptly update any changes to your information
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
3.3 Account Termination
We reserve the right to suspend or terminate accounts that:
- Violate these Terms or our policies
- Engage in fraudulent or illegal activities
- Remain inactive for extended periods
- Create multiple accounts to abuse promotions
4. License and Intellectual Property
4.1 License to Use the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.
4.2 Restrictions
You may not:
- Copy, modify, or create derivative works of the App
- Reverse engineer, decompile, or disassemble the App
- Remove or alter any proprietary notices
- Use the App for illegal or unauthorized purposes
- Sell, rent, lease, or sublicense the App
- Use automated systems to access the App
- Attempt to gain unauthorized access to our systems
4.3 Our Intellectual Property
The App and its original content (excluding user content) are owned by HexpyGames and protected by intellectual property laws. Our trademarks and trade dress may not be used without our express written permission.
4.4 Feedback
Any feedback, suggestions, or ideas you provide about the App become our property and may be used without compensation or attribution to you.
5. User Content and Generated Images
5.1 Your Uploaded Content
By uploading images to the App, you:
- Retain ownership of your original uploaded images
- Grant us a worldwide, non-exclusive, royalty-free license to process your images for AI generation
- Warrant that you own or have rights to upload the images
- Confirm images do not violate third-party rights
- Acknowledge we may delete uploaded images after processing
5.2 Generated Image Rights
For AI-generated images created using the App:
- You receive a license to use generated images for personal and commercial purposes
- We retain a non-exclusive right to the underlying AI model and generation process
- Generated images may not be unique and similar results may be created by others
- You may not claim exclusive copyright to AI-generated portions
- You are responsible for any use of generated images
5.3 Content Restrictions
You may not upload or generate content that:
- Is illegal, harmful, threatening, abusive, or defamatory
- Violates any person's privacy or publicity rights
- Infringes intellectual property rights
- Contains nudity, violence, or hate speech
- Depicts minors in inappropriate contexts
- Violates any applicable laws or regulations
5.4 Content Monitoring
We reserve the right to:
- Review and remove content that violates our policies
- Implement automated content moderation systems
- Report illegal content to authorities
- Terminate accounts for repeated violations
6. Purchases and Payments
6.1 In-App Purchases
The App offers in-app purchases for premium features and credits:
- All purchases are final and non-refundable
- Prices are subject to change without notice
- Payment is processed through App Store or Google Play
- You are responsible for any applicable taxes
6.2 Premium Credits
- Credits are consumed when generating images
- Unused credits do not expire but are non-transferable
- Credit costs may vary based on generation complexity
- We reserve the right to modify credit pricing
6.3 NO REFUND POLICY
ALL SALES ARE FINAL. WE DO NOT OFFER REFUNDS FOR:
- Consumed credits
- Unsatisfactory generation results
- Change of mind after purchase
- Technical issues with generated content
- Account suspension for Terms violations
Refunds may only be issued at our sole discretion for technical failures preventing service delivery.
6.4 Free Tier and Advertisements
Free tier users:
- Can earn credits by watching advertisements
- May see banner and interstitial ads via Google AdMob
- Have limited daily generation quotas
- Cannot disable advertisements without upgrading
7. Prohibited Uses
You agree not to:
- Use the App for any illegal purpose or in violation of any laws
- Upload content depicting real individuals without consent
- Generate deepfakes or misleading content
- Create content that harms minors
- Harass, abuse, or harm other users
- Impersonate any person or entity
- Interfere with or disrupt the App's operation
- Attempt to bypass any security measures
- Use the App to develop competing services
- Scrape or harvest data from the App
- Violate any third-party rights
8. Third-Party Services
8.1 External Services
The App integrates with third-party services including:
- Google Gemini API for AI generation
- Google AdMob for advertising
- Supabase for authentication
- Sentry for error tracking
8.2 Third-Party Terms
Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services' content, privacy practices, or availability.
8.3 Third-Party Links
The App may contain links to third-party websites. We are not responsible for the content or practices of linked sites.
9. Disclaimers
9.1 "AS IS" BASIS
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR RELIABILITY
- UNINTERRUPTED OR ERROR-FREE OPERATION
9.2 No Guarantee
WE DO NOT GUARANTEE:
- The App will meet your requirements
- Continuous, uninterrupted, or secure access
- Any specific results from using the App
- The accuracy of AI-generated content
- The App will be free from viruses or harmful components
9.3 User Assumption of Risk
Your use of the App is at your sole risk. You assume full responsibility for any risks associated with using AI-generated content.
10. Limitation of Liability
10.1 MAXIMUM LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEXPYGAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- DAMAGES RESULTING FROM YOUR USE OF THE APP
- ANY UNAUTHORIZED ACCESS TO OUR SERVERS
- ANY INTERRUPTION OR CESSATION OF SERVICE
- ANY BUGS, VIRUSES, OR ERRORS IN THE APP
- ANY LOSS OR DAMAGE TO GENERATED CONTENT
- YOUR RELIANCE ON AI-GENERATED IMAGES
10.2 Liability Cap
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE PAST TWELVE MONTHS OR $100 USD, WHICHEVER IS LESS.
10.3 Jurisdictional Limitations
Some jurisdictions do not allow certain liability limitations. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
11. Indemnification
You agree to defend, indemnify, and hold harmless HexpyGames and its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorneys' fees) arising from:
- Your violation of these Terms
- Your violation of any third-party rights
- Your use of AI-generated content
- Your uploaded content
- Any harm caused by your use of the App
- Your violation of applicable laws
12. Privacy and Data Protection
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our collection and use of your information as described in the Privacy Policy.
13. Updates and Modifications
13.1 App Updates
We may update the App periodically. Updates may:
- Add or remove features
- Modify the user interface
- Change system requirements
- Require acceptance of new terms
13.2 Terms Modifications
We reserve the right to modify these Terms at any time. We will notify you of material changes through:
- In-app notifications
- Email to your registered address
- Prominent notice in the App
Your continued use after modifications constitutes acceptance of the new Terms.
14. Termination
14.1 Termination by You
You may stop using the App at any time and delete your account through the App settings.
14.2 Termination by Us
We may suspend or terminate your access immediately if:
- You violate these Terms
- We cease offering the App
- Continued access poses security risks
- Required by law
14.3 Effect of Termination
Upon termination:
- Your license to use the App ends immediately
- You must cease all use of the App
- We may delete your account and data
- Purchased credits are forfeited
- Sections that should survive will remain in effect
15. Governing Law and Jurisdiction
15.1 Governing Law
These Terms are governed by the laws of the Republic of Korea, without regard to conflict of law principles.
15.2 Jurisdiction
Subject to Section 19 (Arbitration), any disputes shall be resolved in the courts of Seoul, Republic of Korea.
16. International Use
16.1 Compliance with Local Laws
You are responsible for complying with local laws regarding:
- AI-generated content use
- Data protection requirements
- Import/export restrictions
- Content regulations
16.2 Export Controls
The App may be subject to export control laws. You agree not to export or re-export the App in violation of applicable laws.
17. Severability and Waiver
17.1 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17.2 Waiver
Our failure to enforce any right or provision does not constitute a waiver of such right or provision.
18. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms you agree to, constitute the entire agreement between you and HexpyGames regarding the App and supersede any prior agreements.
19. Dispute Resolution and Arbitration
Before initiating arbitration, you agree to contact us at yeonwoo.jo@hexpy.games to attempt informal resolution. We will attempt to resolve disputes informally for 60 days.
19.2 Binding Arbitration
If informal resolution fails, disputes shall be resolved through binding arbitration under the Korean Commercial Arbitration Board rules, except:
- Small claims court actions
- Injunctive relief for IP violations
19.3 Class Action Waiver
YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. DISPUTES MUST BE BROUGHT INDIVIDUALLY.
19.4 Arbitration Location
Arbitration shall be conducted in Seoul, Republic of Korea, unless otherwise agreed.
For questions about these Terms, contact us at:
Email: yeonwoo.jo@hexpy.games
Company: HexpyGames
Operator: Yeonwoo Jo
Please include "Terms of Use Inquiry" in your subject line.
21. Special Provisions for Specific Jurisdictions
21.1 European Union Users
EU users have additional rights under GDPR. Nothing in these Terms limits your statutory rights as a consumer.
21.2 California Users
California residents have specific rights under CCPA as detailed in our Privacy Policy.
21.3 Australian Users
Nothing in these Terms excludes, restricts, or modifies any consumer rights under Australian Consumer Law.
22. Acknowledgment
BY USING THE APP, YOU ACKNOWLEDGE THAT:
- You have read and understood these Terms
- You agree to be bound by these Terms
- You understand the risks of AI-generated content
- You accept our disclaimers and liability limitations
- You are responsible for your use of generated images
Document Version: 1.0
Effective Date: October 11, 2025
Last Review: October 11, 2025
© 2025 HexpyGames. All rights reserved.