Terms of Service

Welcome to SecondEarth. These Terms of Service (“Terms”) govern your access to and use of our applications, websites, and services (collectively, the “Services”). “SecondEarth,” “we,” “us,” and “our” refer to SecondEarth and its affiliates. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE. If you do not agree, do not access or use the Services. Additional terms may apply to specific features, beta programs, promotions, or third-party integrations, and those additional terms are incorporated by reference. If you download or access a mobile app through the Apple App Store or Google Play, additional platform terms may apply, and in the event of a conflict, the platform terms will control solely with respect to payment and download/installation requirements. These Terms apply to all users of our Services, including but not limited to users of the following applications: • AIBookCraft • Freelytic • TripPack AI • PupFi • HabitStamp • EveryTracker • TripDNA • MindBot • NoteCube • Memo Block • Random Challenge • APT Game • Soul • MBTI • And any other applications developed and operated by SecondEarth

You must be at least 13 years old to use the Services. If you are under 18 (or the age of majority where you live), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and that you have their permission to use the Services. You also represent that: • You have not been suspended or removed from the Services previously (unless we have expressly authorized you) • You are not located in, and will not access the Services from, any country or region subject to comprehensive sanctions or embargoes, and you are not listed on any restricted party list (including U.S., EU, or UN restricted party lists), to the extent applicable • Your use of the Services will comply with all applicable laws, rules, and regulations

Some Services require an account. You agree to provide accurate, current, and complete information and to keep it updated. ACCOUNT SECURITY. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account, whether or not you authorized them. You must notify us promptly of any unauthorized access or suspected security breach relating to your account. ACCOUNT USE. You may not sell, transfer, or share your account. We may require you to verify your identity or account information in connection with access, security, or support. ACCOUNT ACTIONS. We may suspend or terminate your account, limit access to features, or remove content if we reasonably believe: (i) you violated these Terms, (ii) your account is compromised, (iii) your use poses risk to the Services, other users, or third parties, or (iv) we are required to do so by law.

4.1 License Grant Subject to your compliance with these Terms, SecondEarth grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. 4.2 Acceptable Use and Restrictions You agree not to, and not to assist or enable others to: • Violate any applicable law or regulation • Infringe, misappropriate, or otherwise violate any third-party rights (including intellectual property, privacy, or publicity rights) • Upload, transmit, or distribute content that is unlawful, harmful, abusive, harassing, defamatory, obscene, hateful, or otherwise objectionable • Interfere with, disrupt, degrade, overburden, or impair the Services or related systems or networks • Attempt to gain unauthorized access to the Services or any accounts, systems, or networks • Use the Services for any commercial purpose without our prior written consent • Reverse engineer, decompile, or disassemble any part of the Services, except to the extent such restriction is prohibited by applicable law • Bypass, disable, or circumvent any access controls, rate limits, security measures, or technical restrictions • Use automated means (including bots, scrapers, crawlers) to access, extract, or collect data from the Services, except where we expressly allow it in writing • Impersonate any person or entity, or misrepresent your affiliation with any person or entity • Use the Services to develop, train, or improve competing products or services (including by using outputs at scale) where prohibited by applicable law 4.3 Enforcement We may investigate violations and take any action we deem appropriate, including removing content, limiting access, suspending accounts, or reporting to authorities, consistent with applicable law.

5.1 Your Content Some Services allow you to create, upload, post, store, or share content (“User Content”). As between you and SecondEarth, you retain any ownership rights you have in your User Content, subject to the licenses you grant in these Terms. LICENSE TO SECONDEARTH. You grant SecondEarth a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, modify, adapt, process (including via AI systems for training, fine-tuning, and improvement), publish, translate, distribute, display, perform, and commercialize your User Content for any purpose related to operating, providing, maintaining, improving, and promoting the Services. This license includes, without limitation, the right to: • Make your User Content available to other users, including through free or paid/premium features • Use your User Content for marketing, advertising, and promotional purposes (including anonymized showcases) • Train, develop, and improve AI models using your User Content • Create derivative works based on your User Content You acknowledge that you will not receive any compensation for any of the above uses, regardless of whether SecondEarth generates revenue therefrom. 5.2 Your Responsibilities You are solely responsible for your User Content and the consequences of posting or sharing it. You represent and warrant that: • You own or have all necessary rights, licenses, consents, and permissions to provide your User Content and to grant the licenses above • Your User Content and our use of it as permitted by these Terms will not violate any law or any third-party rights • Your User Content does not include malicious code or content intended to disrupt the Services 5.3 Moderation; Removal We may (but are not required to) monitor, review, or remove User Content, and we may refuse to display or distribute User Content, at any time, for any reason, including if we believe it violates these Terms or applicable law. You acknowledge that we are not responsible for User Content and that you should maintain your own backups. We may retain and continue to use copies of User Content to the extent required by law or for legitimate business purposes (e.g., security, dispute resolution, compliance), consistent with our Privacy Policy. 5.4 PUBLIC NATURE OF CONTENT USER CONTENT CREATED THROUGH THE SERVICES IS INHERENTLY PUBLIC IN NATURE. EVEN IF YOU SELECT A "HIDDEN," "UNLISTED," OR SIMILAR VISIBILITY SETTING, SECONDEARTH MAY USE, REPRODUCE, MODIFY, ANONYMIZE, PUBLISH, DISPLAY, AND DISTRIBUTE SUCH CONTENT FOR PURPOSES INCLUDING, BUT NOT LIMITED TO: (A) SERVICE PROMOTION AND MARKETING, (B) AI MODEL TRAINING, FINE-TUNING, AND IMPROVEMENT, (C) SHOWCASING BEST PRACTICES OR FEATURED EXAMPLES, AND (D) MAKING CONTENT AVAILABLE TO OTHER USERS (INCLUDING THROUGH PREMIUM OR PAID FEATURES). BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO THIS PUBLIC NATURE AND WAIVE ANY CLAIM OF CONFIDENTIALITY WITH RESPECT TO YOUR USER CONTENT. If you do not want your content to be used in this manner, do not submit it to the Services.

The Services (including software, designs, interfaces, graphics, text, logos, trademarks, and other content provided by SecondEarth) are owned by or licensed to SecondEarth and are protected by intellectual property laws. Except for the limited license expressly granted in Section 4, no rights are granted to you by implication or otherwise. FEEDBACK. If you provide suggestions, ideas, feedback, or recommendations about the Services (“Feedback”), you grant SecondEarth a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, modify, create derivative works from, and otherwise exploit the Feedback for any purpose without compensation or attribution to you. COPYRIGHT COMPLAINTS (DMCA). If you believe content on the Services infringes your copyright and you are a U.S. rights holder, you may send a notice to sunwoo@secondearth.io with sufficient information for us to investigate. We may remove alleged infringing content and may terminate repeat infringers where required by law.

7.1 Paid Services Some Services may be offered on a subscription or paid basis. You agree to pay all applicable fees, taxes, and charges in the currency and at the rates displayed at the time of purchase. We may suspend or terminate access to paid features for non-payment or suspected fraud. 7.2 Auto-Renewal; Cancellation Subscriptions automatically renew unless canceled before the renewal date. You can cancel at any time through the applicable platform (e.g., Apple App Store, Google Play) or through the account settings where available. Cancellation takes effect at the end of the then-current billing period unless otherwise required by applicable law. 7.3 Refunds All fees are non-refundable except as required by applicable law or as otherwise expressly stated. If you purchased through a third-party platform (e.g., Apple App Store or Google Play), refunds are subject to that platform’s refund policies and processes. 7.4 Free Trials If we offer a free trial, you will be charged automatically at the end of the trial unless you cancel before the trial ends. Trial eligibility and duration may vary and may be limited to one trial per user or account. 7.5 Price Changes We may change prices or subscription plans with notice to the extent required by applicable law. Price changes will take effect at the next renewal unless otherwise stated.

Your privacy is important to us. Our Privacy Policy explains how we collect, use, share, and protect personal information. By using the Services, you acknowledge and agree that we may process personal information as described in the Privacy Policy, including transfers and processing in countries other than where you reside, subject to applicable law.

The Services may integrate with or link to third-party websites, services, software, content, or platforms (“Third-Party Services”). Third-Party Services are not controlled by SecondEarth. Your use of Third-Party Services is at your own risk and is subject to the third party’s terms and policies. SecondEarth is not responsible for Third-Party Services, including their availability, security, content, or practices, to the maximum extent permitted by law.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECONDEARTH DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, SECONDEARTH DOES NOT WARRANT THAT: • The Services will be uninterrupted, timely, secure, or error-free • Any content, outputs, or results (including AI-generated outputs) will be accurate, complete, reliable, or fit for a particular purpose • Defects or errors will be corrected • The Services will meet your requirements AI FEATURES AND OUTPUTS. Certain features may use artificial intelligence, including third-party providers. AI outputs may be inaccurate or inappropriate and are provided for informational purposes only. You are solely responsible for how you use any outputs and for reviewing and verifying them before relying on them. THIRD-PARTY SERVICES. Third-party services, integrations, app stores, and payment processors are outside of our control and are provided under their own terms. We disclaim all responsibility for third-party services to the maximum extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SECONDEARTH OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AGGREGATE CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECONDEARTH’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SECONDEARTH FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SCOPE / EXCLUSIONS. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (FOR EXAMPLE, LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, OR, IN SOME JURISDICTIONS, CERTAIN STATUTORY CONSUMER RIGHTS, OR DEATH/PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH LIMITATION IS PROHIBITED).

You agree to indemnify, defend, and hold harmless SecondEarth and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: • Your access to or use of the Services • Your User Content (including any allegation that your User Content infringes, misappropriates, or otherwise violates any intellectual property, privacy, or other rights) • Your violation of these Terms, applicable law, or any third-party rights • Your misuse of the Services INDEMNIFICATION PROCESS. SecondEarth will: (i) provide you with prompt written notice of the claim (to the extent practicable), (ii) reasonably cooperate with you at your expense, and (iii) allow you to control the defense and settlement of the claim, provided that you may not settle any claim in a manner that imposes any liability or obligation on, or admits fault by, SecondEarth without SecondEarth’s prior written consent (not to be unreasonably withheld). EXCEPTIONS. Your indemnification obligations do not apply to the extent the claim arises from SecondEarth’s willful misconduct or gross negligence, or from SecondEarth’s violation of applicable law.

13.1 Termination by You You may stop using the Services at any time. You may delete your account through the app settings (if available) or by contacting us. 13.2 Termination or Suspension by SecondEarth We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe: (i) you violated these Terms, (ii) your use poses a security, legal, or operational risk, (iii) we are required to do so by law, or (iv) we discontinue the Services (in whole or in part). 13.3 Effect of Termination Upon termination, your right to access or use the Services will immediately cease. We may delete or disable access to your account and User Content, consistent with our Privacy Policy and applicable law. You are responsible for exporting or backing up your User Content prior to termination where possible. Surviving provisions will include, by their nature, Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and any other provisions that should survive termination.

We may modify these Terms from time to time. We will provide notice of material changes to the extent required by applicable law, which may include posting the updated Terms in the Services, updating the “Last Updated” date, or sending a notification. Unless otherwise stated, changes will be effective when posted. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.

15.1 Informal Resolution Before filing any formal dispute, you agree to contact us at sunwoo@secondearth.io and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally within a reasonable time. 15.2 Governing Law Except as prohibited by applicable law (including mandatory consumer protection laws), these Terms and any dispute arising out of or relating to the Services will be governed by the laws of the Republic of Korea, without regard to conflict of law rules. 15.3 Forum for Non-U.S. Users If you are not a resident of the United States, and to the extent arbitration is not required or not permitted by applicable law, you agree that disputes will be brought in the competent courts located in Seoul, Republic of Korea, and you consent to personal jurisdiction and venue in those courts. 15.4 U.S. Arbitration Agreement (U.S. Residents Only) If you are a resident of the United States, you and SecondEarth agree that any dispute, claim, or controversy arising out of or relating to the Services or these Terms will be resolved by binding arbitration on an individual basis, except as set forth in “Exceptions” below. Arbitration will be administered by JAMS under its applicable rules. The arbitration will take place in a mutually agreed U.S. location (or remotely), unless the arbitrator determines otherwise. Judgment on the award may be entered in any court with jurisdiction. 15.5 CLASS ACTION WAIVER (U.S. Residents Only) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SECONDEARTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. 15.6 Exceptions / Injunctive Relief Nothing in this Section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or security-related misuse. You may also bring claims in small claims court if your claim qualifies and remains in small claims court. 15.7 Time Limit to Bring Claims TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

16.1 Entire Agreement These Terms, together with our Privacy Policy, constitute the entire agreement between you and SecondEarth regarding the Services. 16.2 Severability If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. 16.3 Waiver Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. 16.4 Assignment You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction. 16.5 No Agency No agency, partnership, joint venture, or employment relationship is created between you and SecondEarth as a result of these Terms or your use of the Services. 16.6 Force Majeure We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control. 16.7 Electronic Communications By using the Services, you consent to receive communications from us electronically, including notices, agreements, disclosures, and other communications. You agree that electronic communications satisfy any legal requirement that such communications be in writing. 16.8 Notices You are responsible for keeping your account contact information current. We may provide notices to you via email, in-product notifications, or by posting notices within the Services. Legal notices to SecondEarth should be sent to: sunwoo@secondearth.io (Attn: Legal). 16.9 Export Compliance You may not use or export or re-export the Services except as authorized by applicable law. You represent that you are not subject to sanctions or located in a sanctioned or embargoed region to the extent applicable.

If you have any questions about these Terms, please contact us at: SecondEarth Email: sunwoo@secondearth.io