Terms of Service

This Terms of Service Agreement ("Agreement") governs the use of the beta version of the Service provided by Winking Entertainment Corporation ("Company", "We", "Us", or "Our"). For the purposes of this Agreement, the "Service" refers to the AI-generated content, tools, and interactive features available through the genmotion.ai platform. By accessing or using the Service, you ("User", "You", or "Your") agree to the following terms and conditions. If You do not agree, You must cease using the Service immediately.

1. User Eligibility

The Service is intended for individuals who are 18 years old or older. By using the Service, You represent that You are at least 18 years of age and are complying with all applicable local, state, national, and international laws. If You are under 18 years of age, You must have the consent of a parent or guardian to use the Service.

2. Content Ownership and Licensing

2.1 Generated Content

All content generated by the Service, including but not limited to motions, videos, and other media, is for non-commercial use only, unless expressly authorized in writing by the Company. Users may not use AI-generated content for any commercial purposes without prior written authorization from the Company. To request permission, please contact the Company at business@genmotion.ai.

2.2 User Rights

Users are granted a limited, non-exclusive, non-transferable, and revocable license to use AI-generated content for personal, non-commercial purposes only. Users may not modify, reproduce, distribute, or display the generated content for any commercial purpose.

2.3 Company Rights

The Company retains all rights, title, and interest in the AI technology and the content generated, including any modifications, updates, or improvements made during the beta phase or thereafter.

3. Termination and Suspension of Service

3.1 Termination for Breach

The Company reserves the right to terminate or suspend any account at any time, with or without notice, for any violation of these Terms, misuse of the Service, or non-compliance with applicable laws.

3.2 Termination for Abuse

If the Company detects patterns of improper use, such as exploiting the Service or generating inappropriate content, the Company may immediately terminate or suspend access without notice.

4. Liability and Disclaimers

4.1 No Warranty

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

4.2 Limitation of Liability

In no event shall the Company be liable for any direct, indirect, incidental, special, or consequential damages, including without limitation, loss of data, profit, or any damages arising from Your use or inability to use the Service, even if the Company has been advised of the possibility of such damages.

4.3 Third-Party Services

The Company may integrate third-party services into the platform. These third-party services are subject to their own terms, and the Company is not liable for any issues arising from their use. Users agree to use third-party services at their own risk.

5. User Data and Privacy

5.1 Data Collection

The Company collects and processes certain personal data as part of the Service. This data includes but is not limited to User behavior and preferences, which are collected to improve the quality and performance of the Service.

5.2 Anonymized Data Sharing

The Company may share anonymized User data with third-party partners for research, analytics, and Service improvement. This data will not include any personally identifiable information.

5.3 Compliance with Privacy Laws

The Company complies with applicable data privacy regulations, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). For more details, please refer to the Privacy Policy.

6. Payment and Subscription Terms

6.1 Beta Version

The Service is currently in beta and is offered free of charge during this period. The Company reserves the right to introduce subscription fees following the beta phase.

6.2 Future Subscriptions

Once the beta phase ends, subscription fees will apply to continued access to the Service. Users will be notified in advance of any changes to the payment structure and given the option to subscribe.

7. Dispute Resolution

7.1 Arbitration

All disputes arising out of or relating to these Terms, the Service, or any breach thereof, shall be finally and exclusively resolved through binding arbitration in accordance with the rules of the Chinese Arbitration Association, International (CAAI). The arbitration shall take place in Taipei, Taiwan, and the language of arbitration shall be English. The arbitration award shall be final, binding, and not subject to appeal in any court. Both parties agree that arbitration shall be the sole and exclusive method for resolving any disputes related to these Terms.

7.1 Waiver of Class Actions

By agreeing to these Terms, Users waive the right to participate in class action lawsuits. Disputes must be resolved on an individual basis.

7.2 Jurisdiction

For any matters that are not subject to arbitration or in cases where court enforcement of the arbitration award is necessary, the courts of Taiwan shall have exclusive jurisdiction, and Users consent to the personal jurisdiction of such courts.

8. Modification of Terms

The Company reserves the right to modify these Terms at any time. Users will be notified of changes via email or platform notifications. Continued use of the Service after any modifications constitutes acceptance of the revised Terms.

9. Governing Law

These Terms and any disputes related to the Service will be governed by the laws of Singapore, without regard to its conflict of laws principles.

10. Contact Information

If You have any questions or concerns about these Terms or Your use of the Service, please contact us at contact@genmotion.ai.