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:

2.2 AI LIMITATIONS

AI-GENERATED CONTENT:

2.3 USER RESPONSIBILITY

YOU ARE SOLELY RESPONSIBLE FOR:

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:

3.2 Account Creation

To access certain features, you must create an account using Google Sign-In or Apple Sign-In. You agree to:

3.3 Account Termination

We reserve the right to suspend or terminate accounts that:

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:

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:

5.2 Generated Image Rights

For AI-generated images created using the App:

5.3 Content Restrictions

You may not upload or generate content that:

5.4 Content Monitoring

We reserve the right to:

6. Purchases and Payments

6.1 In-App Purchases

The App offers in-app purchases for premium features and credits:

6.2 Premium Credits

6.3 NO REFUND POLICY

ALL SALES ARE FINAL. WE DO NOT OFFER REFUNDS FOR:

Refunds may only be issued at our sole discretion for technical failures preventing service delivery.

6.4 Free Tier and Advertisements

Free tier users:

7. Prohibited Uses

You agree not to:

8. Third-Party Services

8.1 External Services

The App integrates with third-party services including:

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.

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:

9.2 No Guarantee

WE DO NOT GUARANTEE:

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:

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:

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:

13.2 Terms Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes through:

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:

14.3 Effect of Termination

Upon termination:

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:

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

19.1 Informal Resolution

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:

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.

20. Contact Information

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:


Document Version: 1.0

Effective Date: October 11, 2025

Last Review: October 11, 2025

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