1. TERMS OF SERVICE

1.1 Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CubeBerry Inc. ("Company," "we," "us," or "our"), a corporation organized under the laws of South Korea, regarding your use of the XConda AI video production platform and related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1.2 Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

1.3 Account Registration

1.3.1 To access certain features of the Service, you must create an account by providing accurate, current, and complete information.
1.3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
1.3.3 You agree to notify us immediately of any unauthorized access or use of your account.
1.3.4 We reserve the right to suspend or terminate accounts that contain false, misleading, or fraudulent information.

1.4 Service Description and Modifications

1.4.1 XConda provides an AI-powered video production platform with subscription-based access to various tools and features.
1.4.2 We offer three subscription tiers: Standard, Pro, and Max, each providing different credit allocations and features.
1.4.3 We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

1.5 Payment and Billing

1.5.1 Subscription fees are billed on a recurring monthly basis using the payment method you provide.
1.5.2 We use third-party payment processor PortOne (formerly Eximbay) to process payments securely.
1.5.3 You authorize us to charge your payment method for all fees incurred under your account.
1.5.4 All fees are non-refundable except as expressly provided in our Refund Policy (Section 3 below).
1.5.5 We reserve the right to change our fees upon 30 days' advance notice.

1.6 Credits and Usage

1.6.1 Credits are allocated monthly based on your subscription tier.
1.6.2 Unused credits accumulate and roll over to subsequent billing periods.
1.6.3 Credits have no cash value and cannot be transferred or sold.

1.7 Prohibited Conduct

You agree not to:

Use the Service for any illegal purpose or in violation of any laws
Upload or create content that infringes on intellectual property rights
Attempt to reverse engineer, decompile, or hack the Service
Use the Service to create harmful, offensive, or inappropriate content
Share your account credentials with others
Use automated systems to access the Service without our written permission

1.8 Intellectual Property

1.8.1 All rights, title, and interest in the Service, including all software, technology, and content provided by us, are and will remain our exclusive property.
1.8.2 You retain ownership of the content you create using the Service, subject to our license to provide the Service.
1.8.3 By using the Service, you grant us a limited, non-exclusive license to use your content solely to provide and improve the Service.

1.9 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

1.10 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUBEBERRY INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

1.11 Indemnification

You agree to indemnify and hold harmless CubeBerry Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to your use of the Service or violation of these Terms.

1.12 Dispute Resolution and Governing Law

1.12.1 Governing Law These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea and, where applicable, the federal laws of the United States, without regard to conflict of law provisions.
1.12.2 Dispute Resolution Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules, except that either party may seek injunctive relief in court.
1.12.3 Class Action Waiver You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, and there shall be no right or authority for any dispute to be arbitrated on a class-action basis.

1.13 Termination

1.13.1 You may terminate your account at any time through your account settings.
1.13.2 We may suspend or terminate your account if you violate these Terms or for any other reason, with or without notice.
1.13.3 Upon termination, you will lose access to the Service and any unused credits will be forfeited.

1.14 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.

1.15 Contact Information

CubeBerry Inc.

Address: 60 Jejung-ro, Nam-gu, Gwangju, Republic of Korea (Gwangju Content Startup Center Room 309, Yangnim-dong)
Business Registration Number: 480-88-03079
Email: mattew@cuberry.kr
Phone: +82-70-8095-2302
Hours: Monday-Friday 10:00-17:00 KST (Lunch 12:00-13:00)