imagines — Terms of Service (United States)

The Services allow users to converse with characters powered by generative artificial intelligence, to create stories and characters by setting up profiles, entering prompts, uploading contextual images, and completing other tasks, to generate images using generative AI based on prompts entered by users, and to share and interact with content created by other users. You are solely responsible for your evaluation of, and decision to use, the Services, and to otherwise transact any business or communications on the Services, and you acknowledge and agree that your use of the Services is at your sole risk.

We may change, modify or amend these Terms of Service from time to time. We will notify you of changes by posting the amended terms on the Services prior to the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Services prior to the time the new Terms of Service take effect. If you continue using the Services after the new Terms of Service take effect, you will be bound by the modified Terms of Service. Changes to the Terms of Service will not impact any payment terms that are then in effect with respect to your use of the Services, which will continue to apply in accordance with the agreed terms and conditions. In addition, the Company may establish or change the types of devices through which the Services may be accessed and the number of devices permitted.

In connection with your use of the Services, please review our Privacy Policy, located at "https://imagines.app/policy/privacy" (the "Privacy Policy"), to understand how we use information we collect from you when you access, visit, or use the Services. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms. In addition, we may offer services or features that we believe require service-specific terms or guidelines ("Supplemental Terms"). When using services or features that are identified as subject to applicable Supplemental Terms, you agree to comply with the applicable Supplemental Terms that may be provided through the Services. If these Terms of Service conflict with Supplemental Terms, the Supplemental Terms will govern the applicable services or features that are subject to the Supplemental Terms.

When you use the Services, you represent that: (A) the information you submit to the Services is truthful and accurate; (B) your use of the Services does not violate any applicable laws or regulations and you shall comply with all applicable laws in connection with your use of the Services; and (C) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service.

5.1 User Accounts

In order to use the Services, you will be required to sign up to use the Services and create a user account ("User Account"). If you sign up to use the Services and create a User Account, you agree: (A) to provide true, accurate, current and complete information about yourself as prompted by the Services' registration process (the "Registration Data"); and (B) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

5.2 User Registration

When you sign up for a User Account on the Services, you will be required to create a user I.D. and password that will be associated with your User Account, and to submit an application to use the Services through the Company's specified registration procedure. Your User Account will only be activated once the Company accepts your registration. The Company reserves the right to defer or refuse acceptance of your registration and the activation of your User Account in its sole discretion. You may only create one user I.D. that will be associated with your User Account. You may not: (A) select or use as a user I.D. a name of another person with the intent to impersonate that person; (B) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (C) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. If any of your Registration Data provided at the time of your registration changes, you must update the applicable information online or notify the Company of such changes by email at seojin.kim@brnd.bio.

5.3 User Account Responsibilities

You are responsible for: (A) the confidentiality of the User access credentials for your User Account; (B) setting up appropriate internal roles, permissions, policies and procedures for the safe and secure use of the Services; and (C) your compliance with these Terms of Service and any documentation or specifications provided by the Company. You must notify us promptly if you become aware, or reasonably suspect, that the security of your User Account has been compromised. In addition, you acknowledge and agree (i) that you are solely responsible for ensuring that your networks and systems comply with the relevant specifications provided by the Company with respect to the use of the Services, and (ii) that you are solely responsible for procuring and maintaining your network connections and telecommunications systems as necessary to use the Services, and the Company has no responsibility or liability for any problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications systems or that are otherwise caused by factors outside of the Company's control.

5.4 Acceptance of User Accounts

The Company may refuse, delay or restrict registration of User Accounts in its discretion in any of the following cases:

1. where there is insufficient capacity in facilities related to the Services;
2. where there are technical or operational difficulties;
3. where the Company deems deferral necessary due to other circumstances of the Company;
4. where the account registration request is submitted using another person's name;
5. where false information is provided as part of the Registration Data;
6. where the registration request is submitted for the purpose of undermining public order or good morals;
7. where the right to use the Services is leased or resold;
8. where you reapply for a User Account within one (1) year after having had your User Account revoked due to a violation of these Terms of Service;
9. where a child under the age of thirteen (13) submits a registration request;
10. where a child aged thirteen (13) or older submits a registration request without obtaining the consent of a legal guardian; or
11. where you otherwise violate any provisions of these Terms of Service or fail to meet the requirements for registration as determined by the Company.

5.5 Interactive Areas

The Services may include message boards, comment sections, or other interactive areas where users may post, share, or interact with other users and their content ("Interactive Areas"). Subject to these Terms of Service, all users may have access to Interactive Areas. Any user may interact with another user, including by posting comments or reactions, subject to any blocking features made available by the Company. However, the Company does not guarantee that any applicable blocking settings will fully prevent unwanted interactions. All users are solely responsible for monitoring interactions in Interactive Areas and for using any safety tools or reporting mechanisms made available by the Company. Users must comply with all rules governing User Content and prohibited activities, including those set forth in these Terms of Service and any content creation policy published by the Company, when participating in Interactive Areas.

5.6 Users' Responsibility for Content

Users are solely responsible for all content they upload, post, or display in Interactive Areas and for how they choose to engage with other users. Users must comply with all rules governing User Content and prohibited activities, including those set forth in these Terms of Service and any content creation policy published by the Company. The Company does not pre-screen or monitor content and is not responsible for the actions of users within any Interactive Areas.

5.7 Suggested Content

The Services may provide personalized recommendations or surface suggested content, including recommended creators, characters, stories, or features, based on your activity, preferences, interactions, or other data processed by the Services. Suggested or recommended content is provided solely for your convenience and does not constitute an endorsement, verification, or guarantee of accuracy by the Company. You acknowledge that applicable recommendations may not be relevant, accurate, or appropriate for your purposes, and you agree that you are solely responsible for evaluating any content you choose to view or interact with through the Services.

If you are using the App on an iOS device, you acknowledge and agree to the terms of this Section. These Terms of Service are between you and the Company only, not with Apple, and Apple is not responsible for the Services and the content of the Services. Apple has no obligation whatsoever to provide any maintenance and support service with respect to the Services. If the Services fail to meet an applicable warranty provided by Apple with respect to the App, you may notify Apple, and Apple will refund any applicable purchase price for the App to you. Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your use of the Services, including: (A) product liability claims; (B) any claim that the Services fail to meet any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services or your use of the App infringes that third party's intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Service, and when you accept these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

7.1 Paid Services

The Company may make all or part of the Services available as paid offerings (each, a "Paid Service"). The Company may set different eligibility criteria for each Paid Service in accordance with individual service policies, requirements of business partners, or compliance with applicable laws and regulations. The fees that apply to your use of each Paid Service (the "Fees") will be determined based on features and functionality associated with that Paid Service. The Fees associated with each Paid Service will be specified, along with applicable Supplemental Terms, when you elect to make a purchase by selecting the applicable Paid Service and agreeing to the amount of Ink (as defined below) that will be consumed in connection with accessing or using that Paid Service. You must comply with all Supplemental Terms applicable to the use of each applicable Paid Service. In the event of any conflict between these Terms of Service and any Supplemental Terms applicable to a Paid Service, the provisions of the applicable Supplemental Terms shall control and prevail. The Company reserves the right to change the Fees at any time; provided that price changes will always be prospective and not retroactive, and any Fees and related terms and conditions agreed to prior to the effective date of the applicable changes will continue to apply in accordance with the agreed terms and conditions. All Fees payable in connection with any of the Paid Services shall be paid through the use of credits, referred to in the Services as "Ink," as further described below.

7.2 Ink

"Ink" is the official virtual currency of the Services. Ink is not a substitute for real currency, does not earn interest, and has no equivalent value in real currency. Ink cannot be redeemed for any real currency, and the Company is not obligated to exchange Ink for anything else of value. Except as expressly set forth in any Supplemental Terms, and depending on your use of the Services, your acquisition or purchase of Ink only entitles you to receive a limited, non-transferable, revocable license to use Ink (A) in connection with the Services and the Paid Services, (B) for your personal entertainment only, and (C) in any ways otherwise permitted by the Company under any Supplemental Terms. Your limited license to use Ink may end if (i) you violate these Terms of Service or any applicable Supplemental Terms, (ii) your User Account is suspended or terminated, or (iii) these Terms of Service or the Services are otherwise terminated. You are not entitled to a refund of any Ink except as expressly set forth in these Terms of Service, our Refund Policy, or as otherwise required by applicable U.S. law.

7.3 Acquisition and Use of Ink

Ink may be acquired on the Services in one of several ways. You may acquire Ink (A) by purchasing or otherwise receiving Ink from the Company; (B) through the purchase of a subscription that includes a certain stipend of Ink for each calendar month; or (C) by other means that the Company may introduce from time to time in its discretion, such as attendance check-ins, participation in challenges provided by the Company or business partner challenges, completion of missions, and completion of other accumulation tasks set by the Company or winning events. Ink may only be redeemed within the Services, and once applicable Ink is redeemed, you are not entitled to a refund unless otherwise required by applicable law. The Company may offer discounts or promotions on the purchase of Ink, and applicable discounts and promotions may be modified or discontinued by the Company at any time without notice to you. The Company may establish a maximum amount you may spend to purchase Ink per transaction and/or per day, which may vary depending on the maximum balance of Ink you may have associated with your User Account. The Company may impose additional limits on purchases of, or how you use, Ink. INK IS NOT THE SAME AS CASH, GIFT CARDS, OR BANK ACCOUNTS AND CANNOT BE EXCHANGED FOR REAL CURRENCY OR OTHER ITEMS OUTSIDE OF THE SERVICES.

7.4 Automatic Reload of Ink

1. Opt-In; Threshold and Reload Amount. We may offer an optional feature through the Services that allows you to automatically purchase additional Ink when your available Ink balance falls below a threshold you select ("Auto-Reload"). By enabling Auto-Reload in your User Account, you (i) choose a Minimum Balance Threshold (the "Threshold"), and (ii) choose a Predetermined Reload Amount (the "Reload Amount"). When your balance falls below the Threshold, you will automatically purchase and we will automatically add the Reload Amount of Ink to your User Account. You can view or change your Threshold and Reload Amount at any time on the same page where you purchased your subscription or Ink.
2. Automatic Payments; Continuous Payment Authorization. By enabling Auto-Reload, you authorize the Company (or our third party payment processor) to store your payment method and to automatically initiate charges for the Reload Amount each time your balance falls below the Threshold, without further notice or separate consent, until you turn off Auto-Reload or we discontinue it.
3. Timing; Posted Price; Taxes. Each Auto-Reload transaction will be processed at the then-current price for the Reload Amount as displayed in the Services at the time the transaction is initiated, plus any applicable taxes and fees. Ink is added to your account once payment is successfully authorized. If a transaction fails (e.g., card declined), Auto-Reload may be paused and you may not be able to access Paid Services that require Ink until payment is completed.
4. Receipts and Balance Updates. Following each Auto-Reload, we will update your Ink balance and issue an electronic receipt to the email address associated with your User Account. You can also review your transactions and balance in your User Account.
5. How to Turn Off Auto-Reload. You can disable Auto-Reload at any time on the same page where you purchased your subscription or Ink. Subject to the Refund Policy, disabling Auto-Reload will not cancel or refund any prior transactions. Any Ink already purchased will remain available subject to these Terms of Service.
6. Editing Threshold/Reload Amount. Changes to your Threshold or Reload Amount take effect prospectively and will apply to Auto-Reload transactions initiated after your changes are saved in your User Account.
7. Limits and Safeguards. We may, in our discretion, set or adjust limits on (i) the minimum or maximum Threshold, (ii) the minimum or maximum Reload Amount, (iii) the number of Auto-Reload transactions per day, and/or (iv) your aggregate daily or monthly spend. We may suspend or terminate Auto-Reload for suspected fraud, abuse, or non-payment.
8. Refunds; Finality of Auto-Reloads. All Auto-Reload purchases are final and non-refundable except where required by applicable law or expressly stated in the Refund Policy or these Terms of Service.
9. Payment Processing; Updating Your Payment Method. Payments are processed by our third party payment processor. Your Auto-Reload enrollment may require you to maintain at least one valid payment method on file. You agree to keep your payment information accurate and up to date. We are not responsible for errors made by the payment processor. If your payment method expires or is declined, we may suspend Auto-Reload and prompt you to update your payment method.
10. Error Resolution; Disputes. If you believe an Auto-Reload was charged in error, please contact us promptly at seojin.kim@brnd.bio. We may request information reasonably necessary to investigate. Where an error is confirmed, we may credit your account or issue a refund in our discretion or as required by law.
11. Changes to Auto-Reload Feature. We may modify or discontinue Auto-Reload at any time. We will provide reasonable advance notice of material changes where required by law or as otherwise set forth in these Terms of Service. If you continue to use Auto-Reload after changes take effect, you accept the applicable changes.

7.5 Subscriptions

The Company may offer Ink pursuant to subscription offerings that include a certain stipend of Ink for each calendar month. The Fees and Supplemental Terms for each subscription offering shall be provided to you as part of the ordering process for the applicable subscription offering. When you purchase a subscription in connection with the Services, you agree that your subscription will automatically renew and that the Company, through its third party payment processor, is authorized to charge your payment method accordingly until you cancel the subscription. The Company will notify you of any price increase or change to the subscription terms (such notification may be via any reasonable means). You may cancel your subscription at any time by submitting a cancellation request through the means made available on the page through which you purchased the applicable subscription. If you cancel a subscription, you can still use the Ink associated with your subscription for the period of time for which you have already paid. Except as otherwise set forth in these Terms of Service or our Refund Policy, subscriptions are non-refundable and non-transferable.

7.6 Correction Requests; Accruals; Improper or Inaccurate Accruals

Ink accumulation and redemption shall be based on information obtained from data such as your access records, use of the Services, and use of challenges. Where discrepancies arise between the amount of Ink entered into the server and the amount of Ink displayed in connection with your User Account due to technical factors or otherwise, Ink shall be determined based on the amount entered into the server. If an error occurs in the accrual of Ink, you may request a correction within thirty (30) days from the date on which you think the error occurred. If the Company is able to verify that the error occurred, the Company may correct the error within thirty (30) days from the date the correction request is received. If the Company confirms that Ink accrual records are inaccurate due to technical issues or other causes, or determines that you have accrued Ink through improper means — including but not limited to client manipulation, hacking, or the use of macros — the affected Ink shall be canceled or recovered. In such cases, the Company shall notify you in advance of the correction and the measures to be taken, and shall follow appropriate procedures to verify the relevant facts.

7.7 Expiration of Ink

Ink may expire in accordance with these Terms of Service. We may establish expiration dates or periods for any Ink — whether purchased or obtained through promotions, bonuses, subscriptions, or other means — unless the application of the expiration would violate applicable U.S. law. Ink that expires under these Terms of Service will no longer be usable after the applicable expiration date and will have no cash value. You acknowledge and agree that Ink is a limited, revocable license to access certain features within the Services and does not represent a deposit, stored value, or a right to receive any monetary value.

7.8 Effect of Termination

Upon termination of your User Account, any remaining Ink shall not be refunded and shall automatically expire. Applicable Ink shall not be restored or reissued even if you subsequently reinstate your User Account.

7.9 Payments

By clicking buttons such as "Purchase," "Pay," or "Confirm (Payment)" with respect to the purchase of Ink or a subscription for Ink, the applicable fees shall be charged to you. You may pay for Ink using payment methods accepted by our third party payment processor, currently Stripe. Unless otherwise specified within the Services by the Company prior to your submission of a payment, the Ink shall be provided, or your subscription shall commence, as applicable, once your payment is completed. With respect to subscriptions, Fees shall be automatically charged on a monthly basis using the payment method registered by you, and the subscription period shall be automatically renewed with automatic payment on the same date of the following month. The Company is not directly responsible for processing payments that you submit through the Services in connection with the purchase of Ink. All payments are processed by our third party payment processor (the "Payment Processor"). The processing of payments that you submit through the Services will be subject to the terms, conditions and privacy policies of the applicable Payment Processor, in addition to these Terms of Service. We are not responsible for any errors made by an applicable Payment Processor. When purchasing Ink or a subscription for Ink, you (or your legal guardian, as applicable) represent and warrant that you have the right to use your selected payment method and that your payment method has enough credit available to complete the applicable transaction. You further agree that you have read and agree to be bound by any applicable Supplemental Terms.

You agree that, in connection with your use of the Services, you will not:

1. use the Services for any unauthorized purpose including engaging in unauthorized framing of, or linking to, the Services without our express written consent;
2. interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, including without limitation, hacking into the Services;
3. transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
4. impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy of any person or entity;
5. violate our or any other person's privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
6. engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services, including from any user of the Services, or use any means to scrape or crawl any part of the Services;
7. participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
8. access or use the Services for purposes of obtaining information to build a similar or competitive website, application or service, including to develop or train any artificial intelligence or machine learning algorithms or models or resell the Services;
9. decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Services, or any portion thereof;
10. engage in or induce gambling or other speculative activities;
11. transmit, post, or distribute illegal information, including obscene materials and other illegal information;
12. repeatedly post identical, similar, or meaningless posts for the purpose of flooding message boards;
13. use the Services for purposes other than their intended use, such as commercial, business, advertising, promotional, political, or election-related activities, without the Company's consent;
14. reproduce, distribute, facilitate, or commercially exploit information obtained through use of the Services without authorization;
15. deceive others to obtain benefits or cause harm to others in connection with the use of the Services;
16. infringe the publicity rights or other personal rights of any third party, damage their reputation, or interfere with their business, or otherwise infringe their rights;
17. acquire or use Ink through improper methods not prescribed by the Company;
18. buy, sell, or transfer Ink, or engage in acts that may be deemed substantially equivalent to buying, selling, or transferring Ink;
19. circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Company Content (as defined in Section 11) or enforce limitations on use of the Services or the Company Content on the Services, including any age assurance, age verification, or content maturity controls;
20. if the Company elects to support voice, audio, or video features, do any of the following in connection with your use of the Services:
    • submit recordings of real people without their consent;
    • use the Services to create or engage in "deepfakes" or the impersonation of any real person;
    • submit recordings that violate any of the "Prohibited Activity" rules set out above; or
21. engage in any other illegal or improper acts that violate these Terms of Service.

9.1 Rules Governing User Content

You are solely responsible for all media, works, content, information, data, text, graphics, messages or other materials or Prompts that you upload, submit, post, publish, display, email or otherwise provide in connection with the Services ("User Content"). You agree and acknowledge that you are solely responsible for making choices about your User Content. You acknowledge and agree that you shall have the sole responsibility for the legality, reliability, integrity, accuracy and quality of all of your User Content. With respect to your User Content, you represent and warrant that you will not use any User Content that:

1. infringes any intellectual property or other proprietary rights of any party;
2. you do not have a right to use under any law or under contractual or fiduciary relationships;
3. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4. poses or creates a privacy or security risk to any person;
5. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "pyramid schemes," "contests," "sweepstakes," or any other form of such solicitation;
6. is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or
7. restricts or inhibits any other person from using or enjoying the Services, or which may expose the Company, the Services, or its users to any harm or liability of any type.

9.2 Rights in User Content

(A) Ownership of User Content. We do not claim any ownership rights in your User Content. As between you and the Company, you retain any and all rights you may have in your User Content, including any intellectual property rights or other proprietary rights associated with your User Content, subject to the license you grant to us in Section 9.2(B) below.

(B) License to User Content. By providing User Content in connection with the Services, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, and worldwide right and license (with the right to sublicense to any person or entity, including without limitation other users of the Services and creators) to use, host, store, transfer, translate, run, localize, publish, publicly display, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), reproduce (including in timed synchronization to visual images), modify, adapt, create derivative works of, enhance, distribute, and use for any business purpose related to the Services (including in connection with operating, providing, publicizing, or improving the Services, including without limitation, in connection with the training, development, and use of machine learning and related models) any User Content and any interaction data on the Services, including Prompts and Outputs.

9.3 Removal of User Content

The Company will have the right to remove or restrict from the Services any User Content that violates these Terms of Service or is deemed by the Company to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, providing User Content in connection with the Services.

9.4 Feedback

You may, but are not required to, provide ideas, suggestions, requests, recommendations or feedback to us about the Services ("Feedback"). If you provide us with any Feedback, we will own all right, title, and interest in and to the Feedback, even if you have designated the Feedback as confidential. You hereby irrevocably transfer and assign, and agree to assign, to the Company all right, title, and interest in and to the Feedback. If for any reason such assignment is ineffective, you hereby grant the Company a non-exclusive, perpetual, irrevocable, fully-paid, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

10.1 AI Tools

The Services rely upon certain generative AI-based tools (collectively, "AI Tools") that facilitate your use and/or creation of User Content through the Services. You may submit text, documents, or other materials to the AI Tools for processing ("Prompts"). The AI Tools may generate responses based on your Prompts ("Outputs"). Your Prompts and the resulting Outputs are your User Content and are subject to the terms set forth in Section 9. Notwithstanding the foregoing, you acknowledge that other users of the Services may use Prompts that are similar to yours and, as a result, receive the same or similar outputs as your Outputs.

10.2 Third Party AI Tools

The Services, including the AI Tools, may include or make available Third Party Services, including large language model and image generation services provided by third parties. As set forth in these Terms of Service, the Company neither controls nor takes responsibility for any Third Party Services, including without limitation, how a third party may collect, use, or store your information. However, the Company will not permit Third Party Services that are included in or made available through the AI Tools to use your information to train their models. You understand that your use of the AI Tools may subject you to terms and/or policies that are not controlled by the Company. By your use of the Services, including the AI Tools and any integrated Third-Party Services, you agree to comply with any terms, conditions, and policies presented by those Third-Party Services.

10.3 Disclaimers

The AI Tools may generate incorrect, misleading, offensive, unreliable, or other content and information that is not useful for your purposes and that may be the same, similar, or different among users. When you use the AI Tools, you acknowledge and agree that: (A) Outputs may not always be accurate and may contain material inaccuracies even if they appear accurate because of their level of detail or specificity; (B) you should not rely on any Outputs without independently confirming their accuracy; (C) the AI Tools and any Outputs may not reflect correct, current, or complete information; (D) Outputs may contain content that is inconsistent with the Company's policies and viewpoint; (E) Outputs are fictional in nature, are not statements by real persons, and are not intended to provide advice nor to predict or guarantee particular outcomes; and (F) the characters made available through the Services are artificial and their statements do not represent the views of the Company. YOUR USE OF THE AI TOOLS IS AT YOUR OWN RISK, AND THE AI TOOLS ARE PROVIDED "AS IS" AND WITHOUT CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR ERROR-FREE OR UNINTERRUPTED USE). THE COMPANY MAKES NO WARRANTY ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH OR FROM THE AI TOOLS, AND EXPRESSLY DISCLAIMS THAT ANY DATA, CONTENT OR INFORMATION RESULTING FROM OR RELATED TO YOUR USE OF THE AI TOOLS IS ACCURATE OR CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE.

10.4 Fair Use Policy

You must use the Services in a reasonable and responsible manner, including with respect to any features or plans that permit unlimited use. You may not use the Services for any malicious or abusive purpose, including abnormal API scaling, automated bot activity, or sharing your account with others. If the Company detects activity that reasonably indicates excessive or abnormal usage, or the sharing of login credentials with other individuals, your User Account may be suspended or permanently deleted without prior notice. Refunds may also be limited or denied in accordance with applicable law, these Terms of Service, and any Supplemental Terms.

11.1 Ownership of the Services

Except with respect to your User Content and the User Content of other users of the Services, and any third party content provided through the Services, we own (and you acknowledge that we own) all right, title, and interest in and to: (A) the Services and all related intellectual property, including the "look and feel" of the Services and all software, ideas, processes, data, text, media, and other content available on the Services (individually and collectively, "Company Content"); and (B) our trademarks, logos, and brand elements, including "imagines" and related marks ("Marks"). The Services, Company Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of Company Content or use the Marks without our prior express written consent. We reserve all rights in and to the Services, the Company Content and the Marks.

11.2 License to Use the Services

Subject to your compliance with these Terms of Service and any Supplemental Terms, you are granted a non-exclusive, non-transferable license to use the Services for your personal use. You have no right to modify, adapt, or translate the Services or create derivative works based on the Services. No additional implied rights are granted beyond those specifically set forth in these Terms of Service or otherwise in a written agreement signed by an authorized representative of the Company. Nothing in these Terms of Service shall be construed to mean, by inference or otherwise, that you have any right to access the object code or source code comprised within the Services, and you are prohibited from disassembling, decompiling, reverse engineering, or otherwise deriving the source code of the software comprised within the Services.

11.3 Content Labels

Some Services may be subject to content maturity labels and certain other descriptors, and certain content may be accessible only to users who have completed the age assurance or identity verification process designated by the Company. The content maturity labels or descriptors may be modified from time to time, such as based on additional information reported to the Company or requirements imposed by applicable law. You acknowledge and agree that the Company is not responsible for the accuracy, completeness, validity, or quality of any content maturity labels or descriptors.

11.4 Disclaimer

Due to the nature of the Services, the Company does not warrant that Outputs created on the Services using the functions provided by the Services, or information exposed in the course of creating applicable Outputs, do not infringe the copyrights or other intellectual property rights of third parties. Any liability arising from your use of Outputs created on the Services using the functions provided by the Services shall be your sole responsibility.

12.1 Our Right to Manage the Services

We reserve the right, but do not undertake the obligation to: (A) monitor or review the Services for violations of these Terms of Service and for compliance with our policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service or applicable law; (C) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content or any portion thereof; (D) manage the Services in a manner designed to protect our, our users', and third parties' rights and property or to facilitate the proper functioning of the Services; and/or (E) terminate or block your use of the Services for violating these Terms of Service.

12.2 Our Right to Terminate Users

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON, AND TERMINATE ANY USER ACCOUNT, FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION. If we deny you access to the Services and/or terminate your User Account without cause, and you have pre-paid any Fees without receiving associated use of the Services, we will refund the applicable pre-paid Fees to you.

12.3 Your Termination Rights

You may terminate your use of the Services at any time by accessing your User Account settings and following the account deletion procedure made available by the Company. IF YOU HAVE A SUBSCRIPTION FOR THE SERVICES AND YOUR SUBSCRIPTION TERM HAS NOT EXPIRED AT THE TIME YOU TERMINATE YOUR USE OF THE SERVICES, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM AND YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT SUBSCRIPTION TERM EXPIRES. HOWEVER, YOU WON'T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.

12.4 Service Discontinuation

The Company may discontinue the Services when continued operation becomes impracticable due to significant business circumstances, including a transfer, split, or merger of the business; the expiration or non-renewal of content provider arrangements; or a material decline in the profitability of the Services. If the Company elects to discontinue the Services, it shall provide you with notice of the discontinuation date and the reasons for discontinuation at least thirty (30) days in advance. Such notice shall be provided through Services-related notice channels.

The Services may contain links to websites or services operated by third parties, such as third party advertising or social media services ("Third Party Services"); however, we do not own or operate the Third Party Services, and we have not reviewed, and cannot review, all of the material, including products or services, made available through Third Party Services. The availability of these links on the Services does not represent, warrant or imply that we endorse any Third Party Services or any materials, opinions, products or services available on them. Third party materials accessed through or used by means of the Third Party Services may also be protected by copyright and other intellectual property laws. THESE TERMS OF SERVICE DO NOT APPLY TO THIRD PARTY SERVICES. BEFORE VISITING A THIRD PARTY SERVICE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICES, YOU SHOULD REVIEW THE THIRD PARTY SERVICE'S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SERVICES.

The Company may, from time to time, offer sweepstakes, contests, giveaways, or other promotional events in connection with the Services (collectively, "Promotions"). Participation in any Promotion is voluntary and may be subject to additional official rules, eligibility requirements, entry procedures, prize descriptions, and other terms established by the Company ("Promotion Rules"). In the event of any conflict between these Terms of Service and the applicable Promotion Rules, the Promotion Rules shall govern with respect to the applicable Promotion. The Company reserves the right to modify, suspend, or cancel any Promotion at any time for any reason, including where fraud, technical failures, or any other factor impairs the integrity or proper functioning of the Promotion. The Company's decisions regarding any Promotion, including the selection of winners, are final and binding. To the fullest extent permitted by law, the Company shall not be liable for any loss, damage, or injury arising out of or related to participation in a Promotion or the acceptance, use, or misuse of any prize. Promotions may be void where prohibited by law.

Please Read This Following Clause Carefully — It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.

15.1 Initial Dispute Resolution Period

We are available at seojin.kim@brnd.bio to address any concerns you may have regarding the Services. Most concerns are quickly resolved in this manner. In an effort to accelerate resolution and reduce the cost of any Dispute (defined below) between us, you and we agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates any arbitration or court proceeding (the "Initial Dispute Resolution Period"). That Initial Dispute Resolution Period begins upon receipt of written notice from the party raising the Dispute. If we have a Dispute with you, we will send the notice of that Dispute to the email address you have provided to us or to your User Account if you have not provided an email address. If you have a dispute with us, you agree to send us a written notice by email to: seojin.kim@brnd.bio. A notice of Dispute will not be valid, and will not start the Initial Dispute Resolution Period, and will not allow you or us to later initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph: (A) subject line reading: "Notice of Dispute"; (B) description of the nature of the claim or dispute and the underlying facts; (C) date upon which the Dispute arose; (D) the specific relief sought; and (E) name, email address, and physical mailing address of the party seeking relief. The Initial Dispute Resolution Period must include a conference between you and us to attempt to informally resolve any Dispute in good faith. You will personally appear at the conference telephonically or via videoconference; if you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same conference unless all parties agree. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating an arbitration or litigation. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If either party violates this Initial Dispute Resolution Period paragraph, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration.

15.2 Scope

The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of these Terms of Service shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). You and we agree that any dispute, claim or controversy between you and the Company asserted after the effective date of these Terms of Service, including but not limited to all disputes arising out of these Terms of Service or your use of the Services (each, a "Dispute") shall be finally settled by binding arbitration except as expressly excluded below in the Section titled "Exceptions to Binding Arbitration."

15.3 Binding Arbitration

If you and we do not reach an agreement to resolve the Dispute following the Initial Dispute Resolution Period (and including the conference of the parties provided in the preceding paragraph), you or we may commence an arbitration proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the "JAMS Rules") and in accordance with the Expedited Procedures in those Rules, which are available at www.jamsadr.com, unless it is a Mass Arbitration before NAM, as defined below. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file a Dispute with any national arbitration company that handles arbitrations following procedures that are substantially similar to the JAMS Expedited Procedures in the JAMS Comprehensive Arbitration Rules.

15.4 Process

In order to initiate arbitration following the conclusion of the Initial Dispute Resolution Period, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider. A party initiating an arbitration against the Company must send the written demand for arbitration to BRND CREATIVE INC., ATTN: imagines Support, 131 Continental Dr, Suite 305, Newark, DE 19713, United States. By signing the demand for arbitration, the party and its counsel certifies to the best of the party's and counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (1) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the party has complied with the Initial Dispute Resolution Period, including participation in a conference, as described above. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party's violation of this requirement.

15.5 Location & Hearing

If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in New Castle County, State of Delaware, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or the Company may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English.

15.6 Arbitrator's Decision

The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability, or arbitrability. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

15.7 Fees

Your and our right to recover attorneys' fees, costs and arbitration fees shall be governed by the laws that apply to the parties' Dispute, as well as any applicable arbitration rules. Either party may make a request that the arbitrator award attorneys' fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.

15.8 Mass Arbitration Before NAM

Notwithstanding the parties' decision to have arbitrations administered by JAMS (and subject to the exceptions otherwise set forth in the "Exceptions to Binding Arbitration" Section), if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a "Mass Arbitration." If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by NAM, a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the "NAM Rules"), and under the rules set forth in these Terms. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/ or by calling 1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at https://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures. The individual demands comprising the Mass Arbitration shall be submitted on NAM's claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Mass Arbitration Before NAM paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by JAMS consistent with the provisions of the Dispute Resolution Section of these Terms of Service.

Appointment of Procedural Arbitrator in Mass Arbitration. You and we agree to cooperate in good faith to implement the Mass Arbitration process to minimize the time, filing fees, and costs of the Mass Arbitration. Those steps include, but are not limited to (1) the appointment of a Procedural Arbitrator to efficiently and cost-effectively manage the Mass Arbitration and to rule on proposals by the parties for the efficient and cost-effective management of the Mass Arbitration to the extent the parties cannot agree; and (2) the adoption of an expedited calendar for the arbitration proceedings.

Exceptions to Binding Arbitration. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may invoke the following exceptions to arbitration:

• Provisional Remedies. Either party may seek provisional remedies in aid of arbitration and to enforce the Initial Dispute Resolution Period from a court of appropriate jurisdiction, subject to the forum selection provisions below.
• Intellectual Property and Trade Secret Disputes. Either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, subject to the forum selection provisions below.
• Small Claims Court. Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case, in which instance no filing fees shall be due or payable by either party. Any disagreement about whether a Dispute is subject to small claims court shall be decided by small claims court or a court of competent jurisdiction, not the arbitrator.

Class and Collective Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Forum. For any Dispute not subject to binding arbitration, to the fullest extent allowed by law, you and we agree to submit to the exclusive jurisdiction of any state or federal court located in New Castle County, State of Delaware (except for small claims court actions which may be brought in the county where you reside), and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Severability. If any provision in this Dispute Resolution and Arbitration Section of these Terms of Service is found to be unenforceable, that provision shall be severed with the remainder of this Section of these Terms of Service remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.

15.9 30 Day Right to Opt-Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at seojin.kim@brnd.bio. The notice must be sent within thirty (30) days of your first use of the Services; otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.

16.1 Disclaimer of Warranties

(A) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE COMPANY CONTENT, THIRD PARTY CONTENT, AND/OR ANY OTHER CONTENT, MATERIAL OR PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICES, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTENT, MATERIAL OR PRODUCTS AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SERVICES, OR THAT WE BELIEVE THE COMPANY CONTENT, THIRD PARTY CONTENT, AND/OR ANY OTHER CONTENT, MATERIAL OR PRODUCTS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

(B) TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICES, THE COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, AND/OR ANY OTHER CONTENT, MATERIAL OR PRODUCTS ON THE SERVICES OR LINKED TO BY THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, MATERIAL OR PRODUCTS (FOR CLARITY, ON OR OFF THE SERVICES), (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR ANY PRODUCTS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR SERVICES, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIAL OR PRODUCTS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, MATERIAL OR PRODUCTS (INCLUDING WITHOUT LIMITATION COMPANY CONTENT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

16.2 Limited Liability

(A) TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, AI TOOLS, AND/OR ANY OTHER CONTENT, MATERIAL OR PRODUCTS ON THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICES, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $100.

(B) TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES DUE TO ANY OF THE FOLLOWING REASONS; PROVIDED, HOWEVER, THAT THIS SHALL NOT APPLY WHERE APPLICABLE DAMAGES ARE CAUSED BY THE COMPANY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE:

1. where the Services cannot be used due to maintenance, replacement, regular inspections, construction of service facilities, or other similar reasons (excluding cases caused by the Company's willful misconduct or negligence);
2. where disruption in the use of the Services is caused by your willful misconduct or negligence;
3. where information posted by other users of the Services lacks reliability or accuracy;
4. where transactions or disputes arise between users of the Services or between a user and a third party in connection with the Services;
5. where damages arise from the use of Services provided free of charge;
6. where the benefits expected by you through the use of the Services are not realized;
7. where personal data is leaked due to your failure to manage account passwords, mobile device passwords, or passwords provided by open-market operators (excluding cases caused by the Company's willful misconduct or gross negligence);
8. where all or part of the Services cannot be used due to changes in your mobile device, phone number, operating system (OS) version, overseas roaming, or telecommunications provider (excluding cases caused by the Company's willful misconduct or gross negligence);
9. where you delete User Content or account information provided by the Company (excluding cases caused by the Company's willful misconduct or gross negligence);
10. where damages arise from illegal access to the server by a third party or abnormal interference with access using illegal programs (excluding cases caused by the Company's willful misconduct or gross negligence); or
11. any other reasons similar to the foregoing for which the Company is not responsible.

You agree that you will be responsible for your use of the Services, and you further agree to defend and indemnify the Company from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (A) your access to, use of, or alleged use of the Services; (B) your violation of any part of these Terms of Service or any Supplemental Terms, or any representation, warranty, or agreement referenced in these Terms of Service or Supplemental Terms, or any applicable law or regulation; (C) your actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (D) any dispute or issue between you and any third party. The Company reserves the right, at the Company's own cost, to take on the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with the Company's defense of that claim. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from the Company's own negligent conduct.

(A) DMCA Notifications. If you believe any content available on or through the Services infringes one or more of your copyrights, please send a notification (a "DMCA Notification") including all of the information described below, to our DMCA Agent by mail or email using the contact information provided below. We will in our discretion remove or disable access to the content complained of, and in appropriate circumstances, terminate the access rights of repeat infringers. In addition, we will send a copy of the DMCA Notification to the affected user, who may submit a counter notification as described in Section 18(C) below (a "DMCA Counter Notification") that could result in our restoring content removed in response to a DMCA Notification. You may send a DMCA Notification to our DMCA Agent at:

Attn: Copyright Manager

BRND Creative Inc.

131 Continental Dr, Suite 305

Newark, DE 19713, United States

Email: seojin.kim@brnd.bio

(B) DMCA Notification Requirements. All DMCA Notifications must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as a URL for the webpage where the material is posted).
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information set forth in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you may be held liable for damages and attorneys' fees if you make material misrepresentations in a DMCA Notification.

(C) DMCA Counter Notifications from Users. If you receive a DMCA Notification because your content is claimed to infringe a copyright, but you believe in good faith that your content is not infringing or that you have authorization to use the material, you may respond to the DMCA Notification by sending a DMCA Counter Notification to our DMCA Agent (whose contact information is provided above) that includes:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled (such as a URL for the webpage where the material is posted).
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a United States District Court for the judicial district in which your physical address is located and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

If you submit a DMCA Counter Notification, a copy of the DMCA Counter Notification, including your name and contact information, will be sent to the copyright owner or person who provided the DMCA notification. Please note that sending a DMCA Counter Notification may not result in your content being restored to the Services if the copyright owner chooses to file suit against you within ten (10) business days of receiving the applicable DMCA Counter Notification.

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Services, please send an email to seojin.kim@brnd.bio. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

The Company shall not be liable for any delay, failure, or interruption in the performance of its obligations or the provision of the Services to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, labor disputes, power or telecommunications outages, failures of third-party service providers, governmental actions, or any other event that is unforeseeable or unavoidable ("Force Majeure Event"). During a Force Majeure Event, the Company may suspend, modify, or discontinue all or part of the Services without liability. The Company will use commercially reasonable efforts to resume normal operations once the Force Majeure Event has ceased.

You consent to receive all communications, agreements, notices, disclosures, and other information related to the Services in electronic form, including by email, in-Service messages, or postings within the Services. You agree that all electronic communications have the same legal effect as if they were provided in writing and satisfy any requirement that such communications be in writing. You are responsible for maintaining accurate contact information and for regularly reviewing the Services and your email for communications from the Company. The Company may, in its discretion, also provide notices by mail or other means when required by law or when it deems appropriate.

Independent Contractors. Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.

Severability. Subject to Section 15.8, these Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Assignment. We may assign our rights under these Terms of Service without your approval and with or without notice to you.

No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

If you have any questions about these Terms of Service or the Services, please contact us at:

BRND Creative Inc.

131 Continental Dr, Suite 305

Newark, DE 19713, United States

Email: seojin.kim@brnd.bio

Website: https://www.brnd.bio/