Terms of Service

Article 1 (Purpose and Consent)

These Terms govern the terms of use of the AI-based web experience platform provided by Pogl Play (hereinafter "Service") and the rights and obligations of users and the operator. Users who express their consent on a screen where these Terms are clearly presented are permitted to use the Service. Mere viewing of a page is not considered to have obtained the consent required by law or separate consent for processing personal information. If you do not agree to these Terms, you may not use the Service.

These Terms and the use of the Service are governed by the laws of the State of California, USA, and applicable US federal law, in accordance with Article 14. Processing of personal information is subject to the Privacy Policy and applicable data protection laws.

Article 2 (Definitions)

• "User" means any person who accesses or uses the Service. A user who has not linked an account is classified as an "Anonymous User".
• "Member" means a user who has linked an email or Google account and set an @handle.
• "@handle" means a unique public name that identifies a user in the Service.
• "Experience" means any result created or uploaded by a user through the Service, including code, assets, design docs, and text within the experience, regardless of whether it is public.
• "Coins" means virtual currency that can only be used within the Service.
• "Generation limit" means a unit of use applied to requests for creating experiences.
• "Remix" means a feature that allows creating a new experience based on another user's experience.

Article 3 (Eligibility and Age)

• ① Persons under the age of 13 may not use the Service. This is in accordance with the Children's Online Privacy Protection Act (COPPA).
• ② If you are at least 13 but under 18, you must have a parent or guardian review and agree to these Terms before using the Service. The guardian's responsibilities and the minor's right to rescind the contract are governed by applicable law.
• ③ If the laws of your country of residence require a higher age, that standard shall apply.
• ④ If an account is identified as belonging to a child under 13, we will delete that account and its data. If a guardian discovers their child's account, please notify us using the contact information below.
• ⑤ Members who are residents of California and under 18 may request deletion of content they have posted. The scope and limitations of such deletion requests are governed by Article 5 and Section 6 of the Privacy Policy.

Article 4 (Account)

• ① Users may play without an account. In that case, progress information, saved data, and coins are stored in an anonymous account on that device.
• ② If you link an email or Google account, the anonymous account will be converted to a member account and existing progress information will be retained.
• ③ If you log in with an existing member account, the anonymous progress information on the current device will not be merged into that member account. The Service will inform you of this before login.
• ④ After linking an account, you must set an @handle to continue using the Service.
• ⑤ Accounts and @handles may not be transferred, lent, or sold.
• ⑥ In-app browsers have separate storage per app, so anonymous users' progress information may not be retained. The Service recommends using an external browser but does not guarantee data retention in in-app browsers.

Article 5 (Ownership and License of User Content)

• ① Users retain any rights they lawfully hold in experiences, assets, prompts, design docs, and comments (hereinafter "User Content"). Pogl Play does not acquire ownership of User Content under this provision. We do not guarantee the copyrightability, exclusivity, or registrability of AI-generated works, and the rights and licenses of the respective rights holders continue to apply to third-party materials and the Service's existing software.
• ② User grants Pogl Play a non-exclusive, worldwide, royalty-free license to use to the extent the user is authorized to grant. Pogl Play may sublicense this license to service providers to the extent necessary to perform the tasks below, and may transfer this license upon succession of the service under Article 17. Processing of personal information is not permitted solely under this license and shall comply with the Privacy Policy and applicable laws. The scope of use is as follows:

• Storage, reproduction, transmission to and execution in a browser
• Automatic generation and display of thumbnails and preview images
• Display of published content in feeds, search, recommendations, rankings, and provision of remixes
• Generation of link previews (OG images)
• Translation into languages activated by the creator (default is the original language)
• Display of published content and public profiles in service introductions and promotional materials, and adjustment of size and format for such purposes
• Service quality improvement and training/evaluation of AI models (Privacy Policy Section 3)

• ③ After switching to private, the original will not be newly publicly exposed or provided for new remixes. The license necessary for storage, execution, and modification of private experiences is retained, and after deletion, it is retained only to the extent necessary for a reasonable deletion processing period, backup rotation, security/dispute response, and statutory retention. Permissions for lawfully distributed promotional materials and independently created remixes are retained, but after deletion, the original will not be used in new promotional materials. Deletion of personal information and minors' statutory deletion rights are separately guaranteed.
• ④ By publishing an experience, the user grants other users a non-exclusive, worldwide, royalty-free permission to play that experience within the service's features and to remix, modify, and publish it while maintaining attribution to the original. Permissions necessary for remixes lawfully created before the original is made private or deleted are retained. This clause does not grant the right to sell the original separately outside the service, infringe third-party rights, or refuse statutory deletion requests.
• ⑤ Remixes display the original work information. If the original work had preserved source code at the time of publication, the remix is based on that source; if there is no source, it is newly created based on the original work's design.
• ⑥ User warrants that they have secured the necessary rights and permissions from relevant parties for any material they input, upload, or publish, and that such material and their instructions for use do not violate any laws or third-party rights. Do not input sensitive personal information, confidential information, or material for which you do not have usage rights. If a claim of infringement is raised, Pogl Play may temporarily make the content private or request materials verifying authorization.
• ⑦ User may directly delete experiences, assets, and comments they have posted from the service, or request deletion via the contact information below. It may take time for the deletion to be reflected in search results and caches. Content separately posted by other users and records subject to statutory retention obligations may be excluded from deletion.

Article 6 (AI-Generated Content)

• ① An experience is a result created by an AI model using a user's prompt as input. If multiple people request similar topics, similar results may be produced.
• ② Generated results go through a public verification process set by the service. Automatic verification uses a limited environment and inputs, so it does not guarantee quality, safety, or non-infringement of rights on all devices. Users must check the result directly and decide whether to make it public.
• ③ For requests that the service processes as a generation failure, half of the generation limit consumed by that request will be restored. This restoration is different from a cash refund. A result not matching one's taste alone does not constitute a failure, and statutory refund and compensation rights and conditions specified at payment apply separately.
• ④ Pogl Play does not guarantee the commercial success, fitness for a particular purpose, or freedom from defects of generated experiences.
• ⑤ Prompts and play data may be used for training AI models. The specific scope of use can be found in Article 3 of the Privacy Policy.

Article 7 (Prohibited Conduct)

Users must not engage in the following acts. If a violation is confirmed, measures under Article 8 may apply.

• Violation of laws, infringement of others' copyrights, trademarks, portrait rights, or personal information
• Harassment, discriminatory or hateful expression, impersonation of others (including handle impersonation)
• Spam or flooding, operating fraudulent automated accounts, manipulation of play counts, likes, or rankings, fraudulent acquisition of free limits, refunds, or promotions
• Cheating (client modification, bypassing server judgment, evading replay verification)
• Circumventing service access restrictions, fees, or usage limits, exploiting vulnerabilities, causing abnormal load, and reverse engineering beyond the scope permitted by law or separate license
• Creation or upload of adult content, content inciting violence or self-harm, or content harmful to children
• Cash transactions of coins, items, or accounts

Article 8 (Content Management and Use Restrictions)

• ① Reports are submitted through the ... menu on the experience screen and the report button on the experience page.
• ② Reports are received for operator review. Experiences are not automatically made private based solely on the number of reports; we determine necessary actions based on confirmed violations or specific safety risks.
• ③ Depending on the nature and severity of the violation, we may take measures such as making content private or deleting it, restricting functionality, or suspending or terminating account use. If there is a reasonable suspicion of infringement, fraud, or security risk, we may first take temporary measures necessary to prevent harm. We guarantee the rights to notice, objection, and refund as required by law.
• ④ Automated processing results may contain errors. For actions on experiences, the studio may request a re-review, and objections to account actions may be submitted to the contact information below. Review results will be communicated via notification.
• ⑤ Pre-publication technical verification and required information checks are not a full review of content legality, copyright, or harmfulness. We may review reports and take necessary actions, but we do not guarantee advance detection of all violations or the continued posting or display of specific content.

Article 9 (Copyright Infringement Reports)

If you believe your copyrighted work is being used without authorization on the Service, you may submit a copyright infringement notice to the contact information below. Pogl Play processes notices in accordance with the U.S. Digital Millennium Copyright Act (DMCA) and other applicable laws.

• The infringement notice must include: an electronic or physical signature of the rights owner; identification of the copyrighted work claimed to be infringed; the precise location of the content; contact information; a statement of good faith belief that the use is not authorized by the rights owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the rights owner or authorized to act on their behalf.
• Upon receipt of a valid notice, we will promptly make the content private or delete it and notify the publisher.
• The publisher may submit a DMCA counter-notice containing: a signature; identification of the removed content and its previous location; a statement under penalty of perjury that the content was removed due to mistake or misidentification; name, address, and phone number; consent to jurisdiction of the U.S. federal district court for the district of the address (or, if outside the U.S., any U.S. federal judicial district where the service provider may be found); and acceptance of service of process from the original complainant. A valid counter-notice will be forwarded to the original complainant, and the content may be restored within the statutory period of 10 to 14 business days unless we receive notice that a lawsuit seeking to restrain the infringement has been filed. If there are separate violations of law or terms, we may maintain the content as private.
• We terminate the accounts of repeat infringers in appropriate circumstances. Information from infringement notices and counter-notices may be provided to the opposing party and advisors to the extent necessary for legal processing, and knowingly making false statements regarding infringement may result in legal liability.

Article 10 (Coins and Creation Limits)

• ① Coins, items, and creation limits are limited use rights to access corresponding features within the Service and are not deposits, legal tender, or investment assets. Except as required by law or separate sales conditions, they are not redeemable for cash and do not accrue interest, and we do not guarantee ownership, perpetual availability, or market value.
• ② Paid coin top-ups are provided according to the products, methods, and prices displayed on the coin page. The conditions notified before payment and statutory refund rights apply, and unless otherwise provided by law or sales conditions, we do not guarantee refund of already used coins or exchange of coins for cash.
• ③ Creation limits are granted through plans and free grants. Limits, renewal cycles, validity periods, and whether carryover applies follow the plan screen and payment guidance. Free benefits may be changed or terminated after prior notice, and fraudulent acquisition or obvious accounting errors may be corrected after verifying the basis. We guarantee the promises and legal rights for periods already paid.
• ④ Creator revenue sharing and settlement features are in preparation. Until the feature is provided, related records will be retained but no payments will be made.
• ⑤ Coin balances and transaction history are managed on the server, and balances are not changed solely based on values transmitted by the client.
• ⑥ Paid subscriptions automatically renew at the cycle and amount shown on the payment screen until cancelled. Applicable taxes and final charges follow the payment screen. Subscription management can be done in the subscription management section of account settings or the linked payment management screen, and cancellation can be done online. Upon cancellation, the next renewal charge is stopped, and in principle, benefits for periods already paid remain until the end of that period. If login or cancellation is difficult, you can request via the contact.
• ⑦ Except as required by law or conditions stated at the time of payment, we do not provide cash refunds or pro-rata reimbursements due to partial use or non-use of a paid subscription period or the user's simple change of mind. Duplicate or erroneous charges and statutory refund requests can be submitted to the contact. This clause does not limit mandatory cancellation, withdrawal, or refund rights.
• ⑧ Changes to price or auto-renewal terms will apply to subsequent renewals after prior notice and any required consent in accordance with applicable laws. Auto-renewal requires separate explicit consent, and merely agreeing to these terms is not considered approval of auto-renewal charges.

Article 11 (Changes and Suspension of Service)

• ① Pogl Play may add, change, or suspend service features. Changes that have a significant impact on users will be notified in advance within the service.
• ② If the entire service is discontinued, we will provide notice at least 30 days in advance in principle. In cases where prior notice is impossible due to legal orders, urgent security risks, etc., we will promptly notify at the earliest possible time. We guarantee the provision of a copy of personal information as required by law and the handling of unused paid services, and support content transfer to the extent technically feasible. We do not guarantee export of all files and storage formats or compatibility with other services.
• ③ The service may be temporarily suspended due to maintenance or failure, and scheduled maintenance will be notified in advance to the extent possible.

Article 12 (Disclaimer of Warranties)

The service is provided "as is." To the maximum extent permitted by law, Pogl Play disclaims all express and implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

• ① Pogl Play does not warrant that AI-generated experiences will always operate without errors. Execution or operation issues can be reported as experience issues on the report screen, and the content will be conveyed to the creator and used for quality improvement.
• ② The responsibility for the content of User Content lies with the user who posted such content.
• ③ If an anonymous user's progress information is deleted due to reasons beyond Pogl Play's control, such as separation of storage in an in-app browser, device reset, or deletion of browser data, Pogl Play shall not be liable for such deletion. Linking an account is recommended to protect progress information.
• ④ Liability is exempted for damages caused by force majeure events such as natural disasters or network failures.

Article 13 (Limitation of Liability)

To the fullest extent permitted by law, Pogl Play shall not be liable for any indirect, incidental, special, punitive, or consequential damages (including data loss or loss of profits) arising out of or in connection with the use of the Service.

To the extent permitted by law, the total aggregate liability of Pogl Play and its employees and agents involved in providing the Service for all claims related to the Service shall not exceed the greater of (a) the amount actually paid by the user to the Service in the 12 months immediately preceding the event giving rise to the first claim, or (b) US$100. This limit applies cumulatively regardless of the cause of action (contract, tort, etc.) or the number of claims. However, the disclaimers and limitations in Article 12 and this Article do not apply to fraud, intentional misconduct, gross negligence, liabilities that cannot be excluded or limited by law, and mandatory consumer or privacy rights.

Article 14 (Governing Law and Dispute Resolution)

These Terms and the use of the Service are governed by the laws of the State of California, USA, excluding its conflict of laws principles, and applicable U.S. federal law. Except as otherwise provided by mandatory rules below, any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state courts in San Francisco County, California, or the federal courts having jurisdiction over that area, and the user and Pogl Play consent to such jurisdiction. The user may send a description of the dispute and desired resolution to the contact address to request negotiation, but prior negotiation is not a condition precedent to filing a lawsuit, small claims action, seeking emergency relief, or exercising statutory rights.

The mandatory consumer and privacy protection laws, statutory remedies, and rights to bring legal action of the user's place of residence are not excluded by this governing law and jurisdiction agreement. The choice of California law does not by itself mean that mandatory laws of other regions do not apply.

Article 15 (Changes to these Terms)

If we change these Terms, we will notify you through the Service at least 7 days before the effective date; for material changes that are adverse to you, we will provide 30 days' prior notice of the changes and the effective date. If a shorter period is unavoidable due to legal compliance or urgent security measures, we will notify you of the reason and details as promptly as possible. We will obtain any additional consent required by law, and we will not retroactively apply new limitations of liability to disputes that arose before the change. If you do not agree to the changes, you may stop using the Service and request cancellation of your subscription and deletion of your account. Notice of changes or discontinuation of use does not limit your statutory refund rights.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The failure of Pogl Play to enforce any provision immediately does not constitute a waiver of its right to do so.

Article 16 (Indemnification by User for Rights Infringement, etc.)

To the extent permitted by law, if a third party makes a claim against Pogl Play or its employees arising from the user's breach of these Terms, unlawful act, or infringement of third-party rights due to materials input or uploaded by the user, the user shall indemnify Pogl Play for reasonable damages and defense costs (including reasonable attorney fees) directly resulting from such act. We will not shift to the user claims that result from Pogl Play's own fault or solely from content independently generated by AI without the user's violation.

Pogl Play will notify of claims and provide the user with a reasonable opportunity to defend and cooperate. The user may not enter into any settlement that imposes an admission of liability or non-monetary obligation on Pogl Play without Pogl Play's prior written consent. Pogl Play also will not enter into any settlement that imposes an admission of liability or new payment obligation on the user without the user's prior written consent.

Article 17 (Platform Rights and Succession of Agreement)

Except for user content and materials provided under separate licenses, the service software, design, trademarks, and related intellectual property rights belong to Pogl Play or the respective rights holders. Use of the service does not constitute a transfer of these rights, and the user may only use them to the extent permitted by these terms and the applicable licenses.

The user may not assign this agreement or account without prior written consent. Pogl Play may transfer this agreement to the extent necessary for succession of the service, such as merger, acquisition, business or asset transfer. Succession will not reduce existing consumer rights or privacy protection obligations, and will follow the notice and consent required by law. After termination, the provisions regarding content licenses necessary by their nature, incurred payment obligations, limitation of liability, dispute resolution, and indemnification will survive in accordance with applicable law.