Terms of Service

1. Definitions

1.1 The Parties

The following terms identify the parties to this Agreement and must be read consistently throughout all policy documents:

• "Melaka", "Company", "we", "us", "our": 주식회사 멜라카 (Melaka Corp), a company incorporated under the laws of the Republic of Korea, operating the Gendia AI platform.
• "You", "your", "User": You, your authorized representative, and/or any entity you represent. By accessing or using the Service, you confirm that (i) you have read and agree to this Agreement; (ii) your age and legal status do not restrict you from entering into this Agreement under applicable law; and (iii) you are authorized to enter into and perform this Agreement for yourself or for the entity whose details were provided upon registration.
• "Parties": Melaka and you, individually or collectively as context requires.

1.2 Key Terms

• Service: Melaka's AI content generation platform, Gendia AI, including all features, tools, APIs, and interfaces for generating images, videos, audio, music, scripts, and other content, whether accessed via web, mobile, or any other platform.
• Credits: Virtual currency used to generate content on the Service. Credits have no cash value and are non-transferable.
• User Content: Your prompts, inputs, uploaded files, and any other materials you submit to the Service.
• Generated Content / Output: AI-generated results produced by the Service in response to your User Content and prompts.
• Personal Data: Any information that identifies or can reasonably identify you as an individual.
• Agreement: These Terms of Service together with the Privacy Policy, Cookie Policy, Content Policy, and DMCA Policy, all of which form part of the binding agreement between you and Melaka.

2. Eligibility and Account

2.0 Age Requirements

You must be at least 13 years old to use the Service.

• Free Plan (13+): Users aged 13–17 may access the free plan only, and only with the express consent of a parent or legal guardian.
• Paid Plans (18+): Paid plans require users to be at least 18 years old. If you are under the age of majority in your jurisdiction, you may only subscribe through the representation of a parent or legal guardian who accepts these Terms on your behalf.
• Third-party model requirements: Certain AI models available through the Service impose their own age requirements. By using those models you confirm compliance with their terms. Where a model requires users to be 18 or older, that requirement applies regardless of your plan type.

If you provide false age information to access the Service or a plan for which you are not eligible, Melaka may immediately terminate your account without refund. If Melaka becomes aware that a user under 13 has registered, the account will be deleted without notice.

2.1 Account Obligations

By registering, you agree to provide and maintain true, accurate, current, and complete information as prompted during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not share your account or allow others to access it. Notify us immediately of any unauthorized use at [email protected]. Melaka may suspend or terminate accounts for violations of this Agreement.

2.2 Sanctions and Export Control

You represent and confirm that you, your affiliates, and your respective directors, officers, and employees:

• Comply with all applicable sanctions, export control, and anti-boycott laws and regulations of the United States (OFAC/BIS), the European Union, the United Nations, the Republic of Korea, and any other relevant jurisdiction;
• Are not listed on any sanctions-related list maintained by those authorities, nor owned or controlled (directly or indirectly, 50% or more) by any such listed individual or entity;
• Are not located in, incorporated in, or ordinarily resident in any jurisdiction subject to comprehensive sanctions, including Cuba, Iran, North Korea, Syria, Lebanon, or the Crimea, Donetsk, or Luhansk regions of Ukraine, or any other jurisdiction that becomes subject to comprehensive sanctions after the effective date of this Agreement.

Melaka will not trade with or provide any Services to sanctioned countries or individuals and entities named on a sanctions list. Violations of this section may result in immediate account termination and referral to relevant authorities.

2.3 Geoblocking

Melaka may restrict access to the Service from certain geographic regions based on: (i) legal requirements or applicable law; (ii) compliance or security considerations; or (iii) business discretion. This includes restrictions required by Korean regulatory authorities including the Korea Communications Commission (방송통신위원회) and the Korea Communications Standards Commission (방송통신심의위원회). Users in restricted regions may be unable to access some or all features or content. Melaka is not liable for any service unavailability resulting from geoblocking. You are solely responsible for ensuring your use of the Service complies with all local laws and regulations of your jurisdiction.

3. Subscription Plans and Credits

Various tiers with different credits/features. Credits are consumed per generation (varies by type/quality), non-transferable, and have no cash value. Subscription credits expire at the end of the billing cycle (no rollover). Top-up credits are available for 30 calendar days from the date of purchase. Subscriptions auto-renew monthly or yearly and are charged at the then-current rate.

3.1 Model and Style Access by Tier

Access to specific AI models, generation quality levels, and creative styles varies by subscription tier:

• Free Plan: Access to standard AI models, basic generation quality settings, and a limited selection of styles and features.
• Paid Plans: Access to advanced and premium AI models (including third-party models such as Kling, high-resolution image models, and premium video models), higher output quality settings, the full style library, and priority generation queue.

Different models consume credits at different rates depending on output type, quality level, and the underlying model used. The credit cost per generation is displayed before each generation request.

Model changes: Melaka reserves the right to add new models, retire existing models, or move models between subscription tiers at any time.

4. Payment and Billing

4.1 Payment Processing

Prices are in KRW or USD, exclusive of applicable taxes. Payments are processed by TossPayments (Korean users) and Creem.io (international users). You must provide accurate billing information and promptly update any changes such as card numbers or billing address. By providing your payment information, you authorize Melaka and its payment processors to immediately invoice your account for all fees due. Your failure to provide accurate payment information constitutes a material breach of this Agreement.

4.2 Failed Payments

• Immediate suspension: Access to generation features is suspended immediately upon the first failed payment attempt. You will retain read-only access to previously generated content — you may view and download content generated during your active subscription, but you may not generate new content, use any AI models, or access credit-consuming features.
• Retry process: Melaka will automatically retry the charge up to 3 times over the following 7 days. If payment is received at any point during this period, full access is restored immediately with no loss of credits.
• After 3 failed attempts: Your account remains suspended. The post-cancellation access and deletion timeline described in §5.3 applies from the date of the first failed payment attempt. You will receive an email notification before any permanent deletion occurs.
• Reinstatement: To reinstate your account, update your payment method in account settings or contact [email protected].
• Survival: Your obligation to pay any outstanding fees survives suspension or termination of your account.

4.3 Taxes

All fees are exclusive of applicable taxes including VAT, GST, and sales tax. If Melaka is legally required to collect such taxes, they will be added to your invoice. If any services or payments are subject to tax in your jurisdiction and you have not remitted such tax, you are solely responsible for the payment of that tax and any related penalties or interest, and you agree to indemnify Melaka for any liability or expense Melaka incurs as a result.

4.4 Credits

Credits are virtual currency used to access generation features on the Service. Purchased credits constitute prepaid amounts and may only be used within the specified timeframe. Credits have no cash value, are non-transferable, non-refundable, and non-redeemable for cash except as required by applicable law. Melaka reserves the right to change credit terms and the value of services obtainable with credits at any time. Unused credits are forfeited upon account cancellation or termination.

4.5 Promotional Credits

Melaka may offer loyalty, referral, bonus, or promotional credits at its discretion. Promotional credits are distinct from purchased credits, may carry an expiry date as specified at issuance, have no cash value, and are non-transferable and non-redeemable for cash. No inactivity or other fees apply to promotional credits. Promotional credits are forfeited upon account closure.

5. Subscriptions, Cancellation and Refunds

5.1 Subscriptions and Auto-Renewal

Subscription fees are billed at the start of each billing cycle and automatically renew at the then-current rate for the same period unless cancelled in advance. By subscribing, you authorize Melaka to charge your designated payment method at the beginning of each renewal period. Melaka reserves the right to change subscription pricing; if pricing changes affect your plan, Melaka will notify you by email upon the change taking effect. If you do not agree with a price change, you must cancel before the next billing date.

5.2 Upgrades and Downgrades

• Immediate upgrade: You may upgrade your plan at any time during your billing cycle and have the upgrade take effect immediately. When upgrading, you'll only be charged the difference between your current plan and the new plan, and you gain access to the higher plan features right away. Your next billing cycle will renew at the full new plan rate.
• Scheduled upgrade: Alternatively, you may choose to schedule an upgrade to take effect at the start of your next billing cycle. No charge is made until the next renewal date, at which point your new plan rate applies in full. You retain your current plan features until then.
• Downgrades: Downgrading your subscription always takes effect at the start of the next billing cycle. You retain your current plan features until then. Downgrades may result in loss of access to certain premium models, features, styles, or stored content at the start of the new cycle, and Melaka is not liable for any such loss.

5.3 Cancellation

You may cancel your subscription at any time via account settings or by emailing [email protected]. Cancellation requests submitted by email must be sent from the email address associated with your account. Upon cancellation, your access continues until the end of the current billing cycle and will not renew thereafter. No prorated refund is provided for the unused portion of the current billing cycle. Unused subscription credits are forfeited at cancellation.

5.4 Refund Policy

All purchases are final and non-refundable except as follows:

• Standard refund window: You may request a refund within 7 calendar days of your initial purchase, provided that (i) you have not used any credits and (ii) you have not generated any content during that period. Refunds apply to initial purchases only, not renewals. A processing fee not exceeding 6% of the refunded amount may apply where permitted by law.
• Korean users (전자상거래법): Korean consumers have a 7-day statutory withdrawal right from the date of purchase, provided no credits have been used and no content has been generated.
• EU users: EU consumers have a 14-day withdrawal right from the date of purchase, provided the service has not been used. If you have used the service (generated content or used credits), the withdrawal right is waived in accordance with applicable EU consumer protection law.
• Consumer protection law override: If applicable consumer protection laws in your jurisdiction grant you mandatory refund rights beyond those stated above, please contact [email protected]. Melaka will honour mandatory statutory rights.

Exceptions (all users):

Refunds will also be issued in cases of extended service outage (48+ continuous hours), duplicate charges, billing errors, or fraudulent transactions confirmed by Melaka.

Trial and free accounts: Trial accounts and free plan users are not entitled to any refund. Promotional credits have no cash value and are not refundable under any circumstances.

6. Intellectual Property and Content Rights

6.1 Melaka Proprietary Content

All information, features, and materials made available through the Service are protected by copyright and intellectual property laws of the Republic of Korea and applicable international law. This includes, without limitation: text, illustrations, graphics, sound recordings, musical works, video clips, animations, 3D assets, software applications, source code, algorithms, AI models, prompts, interfaces, graphs, photos, video templates, style libraries, the Gendia name, trademarks, logos, and the overall design and appearance of the Service (collectively, "Proprietary Content").

You are expressly prohibited from:

• Using Melaka's name, trademarks, or logos without prior written consent
• Accessing the Service using automated means including robots, botnets, spiders, crawlers, or scrapers
• Using any Proprietary Content for machine learning or AI training purposes, including to develop, train, fine-tune, or improve any AI model or competing service
• Reverse engineering, decompiling, disassembling, or attempting to discover the source code of any part of the Service
• Bypassing, removing, or circumventing any technological protection measures
• Making the Service or any part of it available to third parties through your account
• Uploading viruses, malware, or any component that could damage or impair the Service

6.2 License to Use the Service

Melaka grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with this Agreement. This license is conditioned on your continued compliance with all terms of this Agreement.

6.3 Your Content Rights

All Plans:You are solely responsible for ensuring your use of generated content does not violate third-party intellectual property rights, privacy rights, or applicable law. You may not use real individuals' likenesses without their consent.

6.4 AI Training License (Mandatory)

6.5 Non-Exclusivity of Outputs

Due to the nature of AI generation, outputs produced by the Service may not be unique. Similar or identical outputs may be generated for other users. Melaka does not guarantee that any output is original, non-infringing, or protectable under intellectual property law.

6.6 Content Access and Retention After Cancellation

• During active subscription: Full access to all generated content, generation features, and downloads.
• After cancellation (read-only): You may view and download previously generated content during the post-cancellation window. See §5.3 for full details.
• Already downloaded content: Content you downloaded during your subscription remains yours to use commercially (on paid plans) or personally (on free plan) indefinitely, regardless of account status.

Unused credits at the time of cancellation are forfeited.

6.7 Feedback

If you submit suggestions, comments, ideas, or any other feedback regarding the Service ("Feedback"), you acknowledge that such Feedback is non-confidential and will be exclusively owned by Melaka. You irrevocably assign to Melaka all rights, title, and interest in and to any Feedback, and waive any moral rights you may have in it. Melaka may use Feedback freely without attribution or compensation to you.

6.8 Responsible AI Use

The Service is intended for creative, educational, and entertainment purposes only. Deceptive or misleading content and impersonation are prohibited.

7. Acceptable Use Policy

Prohibited content includes realistic human faces, face swaps, deepfakes, and impersonation. Also prohibited: illegal activities, CSAM (zero tolerance), explicit sexual content, extreme violence, terrorism, weapons/drug instructions, hate speech, harassment, doxing, self-harm promotion, deepfakes and misinformation, election manipulation, spam, copyright/trademark infringement, and privacy violations.

Prohibited behaviors: Filter bypass, unauthorized access, service disruption, multi-account trial abuse, fraud, and reselling.

Enforcement: Content removal, warnings, suspension (7–90 days), permanent termination, law enforcement referral.

Appeals: Email [email protected] within 7 days.

For full details, see our Content Policy.

7.1 No Subsequent Registration

If your account is permanently terminated for cause, or if your access is disabled due to a violation of any term of this Agreement, you may not re-register for a new account or otherwise attempt to access the Service without Melaka's prior written consent. Circumventing this restriction through a different identity, email address, or payment method constitutes a separate material breach.

7.2 Anti-Abuse and Anti-Evasion

You may not misuse the Service through fraud, automation, evasion, or coordinated abuse. Prohibited activities include, without limitation:

• Creating or operating multiple accounts to obtain credits, trials, referrals, or promotional benefits more than once;
• Using false, temporary, disposable, aliased, or misleading identity or payment information;
• Bypassing suspensions, rate limits, geographic restrictions, or other access controls through alternate accounts, networks, proxies, VPNs, or similar technologies;
• Using bots, scripts, scraping tools, or unauthorized automation to access or interact with the Service;
• Attempting to circumvent safety systems, moderation systems, or technical protections;
• Engaging in payment fraud, unauthorized chargebacks, or other attempts to obtain Services without valid payment;
• Participating in coordinated abuse, resale, or unauthorized distribution of accounts, credits, or Services.

Melaka may investigate suspected violations using automated systems and manual review. Where we reasonably determine that abuse or evasion has occurred, we may suspend or terminate accounts, revoke credits, block payment methods or networks, and take other actions reasonably necessary to protect the Service, users, or business operations.

Users may not create new accounts or otherwise attempt to regain access after suspension or termination without Melaka's written permission.

If you believe an enforcement action was taken in error, you may contact [email protected] for review.

8. Privacy and Data Protection

We collect and process personal data in accordance with GDPR, PIPA, and other applicable laws. We collect account, usage, and payment data. Your content will be used for AI training (mandatory). Data is encrypted. You have rights to access, correct, and delete your data. We do not sell personal data.

For complete privacy details, see our Privacy Policy.

9. Service Terms

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

10. Force Majeure and Third-Party Service Limitations

10.1 Third-Party AI Providers

Gendia is an AI content platform that integrates multiple third-party AI models and infrastructure providers. While Melaka selects and manages these integrations, it does not control their availability, performance, or continuity. By using the Service, you acknowledge that:

• Specific AI models may be unavailable at any time due to third-party provider outages, maintenance, or discontinuation
• The quality, speed, and availability of generated outputs depend in part on third-party systems outside Melaka's control
• Third-party providers may change their terms, pricing, or capabilities, which may affect features available through Gendia
• Melaka is not liable for any loss, inconvenience, or damages arising from third-party provider failures or limitations

10.2 Force Majeure

Melaka is not liable for any delay or failure to perform its obligations under this Agreement caused by events beyond its reasonable control, including but not limited to: acts of God, war, terrorism, natural disasters, pandemics, government actions or regulatory orders, internet or infrastructure outages, cloud platform failures, third-party AI model or API provider failures, cyberattacks, labour disputes, or shortages of power or materials.

Where a force majeure event materially affects Melaka's ability to provide the Service for an extended period, Melaka will notify you and use commercially reasonable efforts to restore the Service.

Exception — 48-hour outage credit:Notwithstanding the above, if the Service as a whole (not individual models) is unavailable for 48 or more continuous hours due to causes within Melaka's reasonable control, you are entitled to a prorated credit for that period.

11. Legal Terms

• Governing Law: Republic of Korea
• Jurisdiction: Courts in Daegu, Republic of Korea
• Dispute Resolution: Contact us first, then binding arbitration via Korean Commercial Arbitration Board

12. Changes to These Terms and Service

12.1 Changes to These Terms

Melaka reserves the right to update these Terms at any time. For non-material changes, we will post the updated Terms with a revised effective date. For material changes — including changes to pricing, subscription terms, data usage, or user rights — we will notify you at least 30 days before the changes take effect via email to your registered address or via in-app notification. Your continued use of the Service after the notice period constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service before the effective date.

12.2 Changes to the Service

Melaka reserves the right to modify, update, suspend, discontinue, or remove any feature, tool, model, style, content type, or functionality of the Service at any time at its sole discretion. Where changes are material — such as the permanent removal of a core feature — Melaka will provide reasonable advance notice where practicable. Melaka is not liable for any loss or inconvenience resulting from such changes.

13. Assignment

Melaka is entitled to assign, transfer, or delegate its rights and obligations under this Agreement, in whole or in part, to any third party at its discretion — including in connection with a merger, acquisition, corporate restructuring, or sale of assets — without requiring your consent. Any such assignee will be entitled to further transfer those rights and obligations. You may not assign or transfer any of your rights or obligations under this Agreement without Melaka's prior written consent. Any attempted assignment in violation of this section is null and void.

14. Notices

All notices under this Agreement will be given in writing and sent by email to the address you provided upon registration. Delivery of a notice by email to your registered address constitutes lawful and effective delivery, whether or not you actually receive or read it. You are responsible for keeping your registered email address current and accurate. Melaka may also deliver notices via in-app notification.

Marketing communications: You agree that Melaka may send you service-related and promotional emails. You may opt out of promotional emails at any time by following the unsubscribe instructions in the email or by updating your preferences in account settings. Service-related notices (billing, security, policy changes) cannot be opted out of.