Purpose
The purpose of these Terms and Conditions is to establish the rights, obligations, and necessary matters between the Company and the user in providing all services (hereinafter referred to as the "Service") such as products, applications, and websites related to 'Boyfriend AI' provided by Spoonlabs, Inc. ("company", “we”, “us” or “our”)
Definition of Terms
1.
As used in these Terms, the following terms are defined as follows.
a.
'Company' means Spoonlabs Corporation, which provides the Boyfriend AI Service.
b.
'Boyfriend AI' (the 'Service') means the service provided by the Company to the User, including the mobile application and website.
c.
'Member' means a person who concludes a service use contract in accordance with these Terms and Conditions and uses the services provided by the Company.
d.
'Content' means any text, speech, music, images, videos, and similar information or materials provided by the Company within the Service.
e.
‘Subscription’ is a product that you pay for that allows you to use a service that a company provides for a fee for an agreed upon period of time. This term is subject to change as determined by the Company.
2.
The definitions of terms used in these Terms shall be as prescribed by the relevant laws and regulations, except as provided in Paragraph 1.
Effectiveness and Changes to the Terms
1.
The Company will post the contents of these Terms on the Service or on the screen connected to the Service so that you are aware of them.
2.
These Terms take effect when you use the Service, and if you do not agree to these Terms, you may withdraw from the Service.
3.
The Company may change these Terms to the extent that it does not violate applicable laws.
4.
The changed Terms shall be effective from the date of application, specifying the date of application, the details of the change, and the reason for the change, and shall be notified on the Service from 7 days prior to the date of application to the day before the date of application.
5.
You have the right to disagree with the changed Terms, and if you disagree with the changed Terms, you may stop using the Service and withdraw from the Service.
6.
You will be deemed to have accepted the changed Terms if you do not explicitly indicate your "rejection" to the Company upon notice of the changed Terms or if you continue to use the Services after the effective date of the changed Terms, even though the Company has clearly notified you that you are deemed to have accepted the changed Terms.
Interpretation of Terms
1.
The Company may have separate terms of use and policies ("Individual Terms") in addition to these Terms, and in the event of any inconsistency or conflict with these Terms, the Individual Terms shall prevail.
2.
Any matters or interpretations not specified in these Terms and the Individual Terms shall be governed by relevant laws and regulations or common practice.
Formation of a Service Use Agreement
1.
A contract to use the Services is formed when you agree to these Terms and use the Services.
2.
Some content on the Service may be restricted to certain persons based on age or country of access.
Use of the Service
1.
The Service is provided for a fixed period of time in accordance with the Company's business policy. For this purpose, the Company will inform you of the service hours within the Service or on the connection screen. However, unless otherwise indicated or notified, the Service shall be provided 24 hours a day.
2.
The Company provides the Services through a Web application. You may access the Services, either free of charge or for a fee, by using the Web application on your device or through the Network.
Subscription Policy
1.
The use of subscription plans provided by the Company is established when the user agrees to these Terms and the subscription (recurring payment) conditions, and makes payment through a payment method designated by the Company.
2.
As of the effective date of these Terms, the payment method designated by the Company is as follows:
a.
Stripe
3.
The user shall be responsible for any actions that interfere with the normal provision of services by circumventing or abusing the payment methods established by the Company for secure payment processing.
4.
The subscription fee is charged at the time the user selects and pays for the subscription plan of their choice.
5.
Unless the user cancels the subscription renewal, the renewal fee will be charged between three days prior to the expiration date and the day of expiration of the current subscription term.
6.
The Company reserves the right to modify the billing date or terminate the subscription plan in cases where the payment method fails or in similar circumstances.
7.
No refunds will be provided in the event of a violation of these Terms, expiration of the refund period under applicable laws, or if the service has been used after the subscription payment.
Changes and Interruptions to the Service
1.
The Company may make changes to the Service according to operational or technical needs in order to provide a smooth service, and will notify you of such changes in the Service before making them. However, if it is necessary to take prompt action such as fixing bugs or errors or urgent updates, or if it does not constitute a significant change, it may be notified afterward.
2.
The Company may discontinue the Service in its entirety if it is difficult to continue the Service due to significant business reasons, such as the termination of business due to business transfer, division, merger, etc. or significant deterioration in profitability of the Service. In this case, the date of discontinuation and the reason for discontinuation will be announced on the Service at least 30 days prior to the date of discontinuation.
Service Account Access
1.
You can sign up for the Service through the method provided by the Company, and the Company provides an account with a nickname and unique ID to users who sign up for the Service.
2.
The Company will verify your identity and allow you to access your account through your account and authentication information, but this does not guarantee that you are who you say you are, and you should not allow anyone other than yourself to access your account or share, transfer, or otherwise act in relation to your account information.
3.
You are responsible for all activities resulting from the use of your Service account; therefore, in addition to Paragraph 2, you are responsible for any damages and disputes arising from your negligent management of your account or any use, sale, sharing, or similar acts by a third party through your account.
Operating Policies
1.
The Company may establish matters necessary for the application of these Terms and matters delegated by the Terms with specific scope as 'operating policies'.
2.
If the Company establishes an operating policy, it will be posted on the Service or its connection screen so that users can know it.
Protection and Management of Personal Information
1.
When the User provides information to the Company in accordance with these Terms, the User shall provide truthful information, and the User shall not be protected against any disadvantages arising from the provision of false information.
2.
The Company endeavors to protect your personal information in accordance with applicable laws and regulations.
3.
The protection and use of User's personal information shall be governed by the relevant laws and regulations and the privacy policy separately notified by the Company.
Company's Obligations
1.
The Company shall not engage in any act that is prohibited or contrary to the relevant laws and regulations, these Terms and Conditions, and individual Terms and Conditions, and shall do its best to provide stable services.
2.
The Company operates a security system so that members can use the service safely, and complies with the privacy policy determined and disclosed to protect members' personal information.
3.
The Company shall prepare the necessary personnel, systems, and processes to properly handle complaints or requests for damage relief arising from the use of the Service.
User’s obligations
1.
Users shall not engage in any of the following acts.
a.
impersonate an employee, operator, or other related person of the Company.
b.
change the information posted by the Company to provide the service.
c.
provide false information to the Company in the process of membership registration and change of membership information or use of the Service.
d.
stealing other people's information and using it to cause damage to the Company or others.
e.
any act that hinders or interferes with the company's business, such as hacking, service failure, etc. targeting the services provided by the company.
f.
use or broker the Company's services for commercial purposes without the Company's consent or similar acts.
g.
infringing the copyright and intellectual property rights of the Company and third parties.
h.
disclose or post information within the service provided by the Company that is illegal or impairs the quality of the service.
i.
sell or exchange accounts or coins for items of monetary value among users, or similar acts.
j.
engage in illegal or unfair acts or acts that violate the relevant laws and regulations and these Terms of Use.
2.
Users shall comply with the relevant laws and regulations, the provisions of these Terms of Use and individual terms and conditions, operating policies, and precautions notified in connection with the Service, and shall not engage in any act that interferes with the Company's business related to the provision of the Service.
Changing your information
1.
Members may view and modify their personal information at any time.
2.
If the information provided at the time of registration changes, the Member shall notify the Company of the change by modifying it within the Service or by e-mail or other means.
3.
The Company shall not be liable for any disadvantages arising from the failure to notify the Company of changes in the preceding paragraph.
Cancellation of membership and withdrawal of subscription or termination of use contract
1.
If a member wishes to terminate the use contract, the member may cancel membership and terminate the use contract at any time through the membership withdrawal function in the service. In this case, the Company will process the member's withdrawal request without delay unless there is a justifiable reason.
2.
If a member terminates the contract, the member's information will be destroyed immediately upon termination, unless the Company is required to preserve the member's information for a certain period of time in accordance with the relevant laws and regulations and the Privacy Policy.
3.
Users who conclude a paid service use contract may withdraw their subscription and terminate the use contract within a certain period of time as stipulated by relevant laws and regulations.
4.
Subscription plan users shall not be able to withdraw their subscription if any of the following items apply.
a.
If the goods are lost or damaged for reasons for which the user is responsible.
b.
If the value of the goods or contents has decreased due to the user's use or partial consumption.
c.
If 7 days have passed since the date of payment.
d.
In the event that the Company recognizes the withdrawal of the subscription and the termination of the use contract for goods or similar goods individually produced according to the user's order, the Company is expected to suffer irreparable damage, and the Company has separately notified the user of such transaction in advance and the user has given written (including electronic) consent.
e.
In other cases prescribed by relevant laws and regulations for the safety of transactions.
5.
Notwithstanding the preceding paragraph, if the contents of the Subscription plan are different from the contents of the display and advertisement or if the service is performed differently from the contents of the use contract, the user may withdraw the subscription within three months from the date of payment and within 30 days from the date the user knows or could have known the fact.
Indemnification for damage
1.
If the User causes damage to the Company or a third party by violating the matters stipulated in these Terms, the User shall compensate the Company or a third party for the damage.
Limitation of the Company's Liability
1.
The Company shall be exempted from liability for any damages caused to the User due to the interruption, modification, or suspension of the Service due to natural disasters or similar force majeure, unless the cause of the interruption, modification, or suspension of the Service is due to the intentional or gross negligence of the Company.
2.
The Company shall not be liable for any failure to use the Service due to reasons attributable to the User.
3.
The Company shall not be liable for any disadvantages or loss of information caused by users changing their personal information (including accounts).
4.
The Company shall not be obligated to intervene in disputes arising from the Service between users or between users and third parties, and shall not be liable for any damages resulting therefrom.
Governing Law and Jurisdiction
1.
Lawsuits filed between the Company and the User shall be governed by the laws of the Republic of Korea.
2.
Any dispute between the Company and the User shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the User's address at the time of filing, or if there is no address, the district court having jurisdiction over the User's residence; however, if the User's address or residence is not clear at the time of filing, the jurisdiction shall be determined in accordance with the Civil Procedure Act.
3.
In the case of a user with an address or residence abroad, the Seoul Central District Court of the Republic of Korea shall be the competent court for any dispute between the Company and the user, notwithstanding the preceding paragraph.
Addendum
These Terms are effective as of June 29, 2025.