Terms of Use

UPDATED JULY 4, 2024

Purpose

These terms and conditions are established to define the rights, obligations, responsibilities, and procedures between ALTAVAGROUP PTE. LTD ("ALTAVA" or the "Company") and members regarding the services provided by the Company.

These terms and conditions aim to regulate the rights, obligations, and responsibilities between Cyber "ALTAVA" and users in using the internet-related services provided by ALTAVAGROUP PTE. LTD. operating under altava.com ("ALTAVA"). By accessing or using the service, users, whether registered as members or not, acknowledge that they have read and understood these terms and agree to be bound by them.

Definitions

In these terms and conditions, the following terms are defined and used as follows:

1. "Service" refers to the services provided by the Company through members' devices (including PCs, mobile phones, tablets, etc.).
2. "Member" refers to customers who access the service, enter into a service agreement with the Company according to these terms and conditions, and use the service.
3. "Username" refers to the combination of letters and numbers chosen by members and approved by the Company for identification and service provision.
4. "Creator" refers to individuals who have already registered as "members" and have been approved through creator application.
5. "Paid Service" refers to the service available only to Pro subscription users who have completed subscription payments.

Conclusion of the Usage Agreement

1. The "service agreement" is formed when a person (hereinafter referred to as the "applicant") who wishes to become a member agrees to the contents of these terms and conditions, applies for membership registration, and the Company accepts such application. Upon the Company's acceptance, the applicant becomes a member, and can use the service in accordance with these terms and conditions.
2. The Company may collect the email address and other (personal) information of the applicant during the process of concluding the service agreement. In such cases, the applicant must provide accurate (non-fraudulent) information. Separate privacy policies regarding the collection, use, and retention of personal information under this clause apply.
3. If there are reasons such as unauthorized access, account forgery, or provision of false information in the membership registration application, the Company may suspend or refuse approval of the application, or terminate the service agreement retroactively.

Revision of Terms and Conditions

1. The Company may revise the terms and conditions within the scope not violating relevant laws.
2. When revising the terms and conditions under the preceding clause, the Company will provide prior notice through the service stating the effective date, changes, and reasons. However, if the changes are disadvantageous to members legally, the Company will notify the changes through the service at least 30 days prior to the effective date, and also explicitly notify the members through electronic means such as email or login consent window.
3. If a member does not agree to the revised terms and conditions, they may terminate the service agreement and cease using the service.
4. If a Creator does not agree to the revised terms and conditions, they may terminate the service agreement and cease using the service.
5. If the Company notifies or announces the amendment of the terms as per Article 2, and states that failure to express refusal before the application date will be considered as acceptance of the amended terms, yet Members do not explicitly express refusal, they are deemed to have accepted the amended terms.

Eligibility for Service Use

A user may use the service only if they are able to form a legally binding contract with "ALTAVA," and only if they comply with this Terms of Use and all applicable local, national, laws, statutes, ordinances, and regulations while using the service. If the user is under the age of 13, their parent or guardian must agree to this Terms of Use on their behalf and take responsibility for the user's use of the service, including the financial responsibility for purchases made through the service.

"ALTAVA" Account

To access services and features, a user must create an account on altava.com ("ALTAVA"). Users are prohibited from using another user's account without permission. Users are solely responsible for activities occurring on their accounts. If a security breach or unauthorized use of a user's account occurs, the user must notify ALTAVA immediately. ALTAVA shall not be liable for any loss arising from unauthorized use of an account.

Management and Operation of Designs

1. The responsibility for designs created by members lies solely with the member posting them, and the Company may, without prior notice, delete content posted or registered by members if it determines that the content falls under any of the following categories, and in such cases, the Company shall not be liable:
   • If the content violates these terms and conditions or is deemed commercial, illegal, obscene, or indecent.
   • If the content interferes with the smooth provision of the service or does not conform to the nature of the service.
   • If the content violates public order and morals.
   • If the content disparages other members or third parties, spreads baseless rumors, damages the reputation of others, or causes harm.
   • If the content infringes on the copyrights, intellectual property rights, portrait rights, etc., of third parties.
   • If the content is commercial, such as advertisements or promotions by third parties.
   • If it violates other related laws.
   • Inappropriate content.
2. If a member's post contains inappropriate words designated by the Company, the post may be rejected without separate notice.
3. Members are solely responsible for any legal liabilities arising from copyright infringement caused by their posts.

Fees for Paid Services

Subscription to Paid Services

1. We offer both free and Pro (collectively referred to as "paid services") subscriptions for our services. You may subscribe to monthly subscriptions for paid services. Subscriptions are automatically renewed on a monthly basis, where applicable.
2. To use paid services, you must provide one or more payment methods. You are responsible for any unpaid amounts. If payment is not successfully processed due to reasons such as expiration of the payment method or insufficient funds, and if you do not cancel your account, your service usage may be restricted until successful billing to a valid payment method. Some payment methods may charge you foreign transaction fees or other processing fees for the payment method used. Local taxes may vary depending on the payment method used. Please check with your payment method service provider for details.
3. We reserve the right to change prices at any time. Price changes will not apply until the next renewal date or 30 days after notice, whichever is later. We will notify users of changes through announcements posted on the website. We reserve the right to introduce new subscriptions with different features at prices similar to or different from existing subscriptions.
4. Payment processing services are provided by Stripe (referred to collectively as the "payment processing provider"), and the payment processing provider's standard terms apply. By making a payment, you agree to these terms, and you agree to provide accurate and complete information to us and authorize us to share your payment processing service usage information and transaction information with you.

Payment Method

1. Paid services require prepayment of usage fees before access is granted.
2. Usage fees are invoiced on a monthly basis, calculated from the payment date until the 30th day.
3. Payment is processed via recurring payments using credit cards.
4. Recurring payments are automatically billed monthly, with contracts renewing automatically unless members request termination separately.
5. The company retains members' payment information throughout the recurring payment and service usage period.
6. The company disclaims liability for damages resulting from member-initiated suspension of recurring payments or service usage suspension.
7. In the event of fee adjustments during the recurring payment period, the company seeks members' consent. Non-agreement may lead to service suspension or contract termination.
8. If a subscription starts on a day not included in a specific month, the company reserves the right to charge your payment method on another suitable day. For instance, if you initiate a monthly subscription on January 31st, the next billing date might be February 28th, and your payment method will be charged on that date. Moreover, the company may periodically authorize your payment method for applicable fees or related charges.
9. From the moment of payment, one month of paid service usage is considered, and if a member withdraws during this period, service usage ceases immediately.

User Content

Copyright and DMCA Takedown Policy

By using ALTAVAGROUP services, members grant related rights to ALTAVAGROUP, allowing the replication, preparation of derivative works, and public display of assets created under the direction of members. This license is permanent, global, royalty-free, and non-exclusive.

The design of the outcome created using our service belongs to us, granting us the right to process, reuse, and replicate the design. However, files in 3D format downloaded by members belong to them.

ALTAVAGROUP reserves the right to use members' assets for business promotions or allow advertisements on third-party platforms. This license remains effective even if the agreement is terminated.

DMCA Takedown Policy

We respect intellectual property rights and ask our users to do the same. If you believe that material available on or through the service infringes one of your copyrights or trademarks, please contact the infringer directly. Additionally, send a notice of the infringement claim to hello@altava.com, including the following:

• Your physical or electronic signature.
• Identification of the copyrighted work or trademark you believe has been infringed or, if the claim involves multiple works, a representative list of such works.
• Identification of the infringing material and information reasonably sufficient to permit us to locate the material within the service (e.g., URL).
• Your contact information, including your name, postal address, telephone number, and, if available, an email address.
• A statement of good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate.
• A statement, made under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
• If your rights arise under the law of a country, please specify the country.

Upon receiving a notice complying with the above, we will take appropriate action, including removing or disabling access to the reported material, notifying the accused party, and terminating repeat infringers' access to the service. Be aware that intentionally making a false claim of copyright infringement may result in liability for damages (including costs and attorney fees) under Section 512(f) of the DMCA. ALTAVAGROUP is not in a position to evaluate the legal validity of such claims. Claims for further action or remedies against copyright-infringing users must be pursued directly by the affected users.

Members own the copyright and other intellectual property rights in their user content. In the case of creating secondary works, members own the rights to the added or altered design in file form, not the original work itself. ALTAVAGROUP grants members a limited, non-exclusive, royalty-free, revocable, non-transferable license (unless the member does not sublicense or transfer the design to the final beneficiary) to access and use the design for purposes permitted by these terms.

Permitted purposes include:

• Personal use.
• Creating designs for end customers (a non-transferable and non-sublicensable license is granted to end customers unless otherwise indicated for personal use only).
• Selling or distributing designs to end customers through online marketplaces (including the Roblox Creator Marketplace) unless indicated for personal use only.

All other uses are expressly prohibited.

Content can be displayed and provided to other users of our tools and/or design, but we are not obligated to do so. Members grant us (and represent and warrant that they have the right to grant) the following rights to use their user content in connection with our service and for commercial purposes, including in various media:

• A global, irrevocable, fully paid, non-exclusive, royalty-free, transferable license to use, copy, store, replicate, distribute, prepare derivative works, create previews/cutouts, integrate into other works, adjust, suspend, remove, redesign, enhance, or otherwise modify, display, perform, sell, and otherwise exploit the user content and metadata of the user content. Members agree that we may use their user content at our sole discretion to generate revenue and increase our value, and members have no right to share in the revenue or value generated as a result.
• Members grant all users of our tools the right to use the content for the upload for commercial or non-commercial purposes.
• Includes a global, non-exclusive, royalty-free, transferable license allowing subcontractors or developers to use user content specifically for their purposes.
• All rights not expressly granted to users or members are reserved by ALTAVAGROUP. Members are solely responsible for the content they upload or create using the tools and for ensuring that their content does not violate the rights of third parties or any applicable laws.

Ownership and Utilization Provisions

By utilizing generative AI services, you acknowledge and agree that all output generated belongs to ALTAVAGROUP PTE. LTD. Furthermore, ALTAVAGROUP PTE. LTD retains all rights to the output within the scope of service provision and agrees to utilize it. Members cannot reproduce, distribute, or use the output generated by the service for any purpose without the written consent of ALTAVAGROUP PTE. LTD. ALTAVAGROUP PTE. LTD makes no representations or warranties with respect to the current laws applicable to members.

Obligations of ALTAVA

Nothing in this clause or these terms shall limit or exclude ALTAVA's liability or any other liability for fraud, fraudulent misrepresentation, death, or personal injury to the extent that such liability cannot be limited or excluded by applicable law.

ALTAVA shall not be liable for:

1. Losses and/or results arising from a member's violation of these terms.
2. The exercise of ALTAVA's rights under these terms.
3. Events that are unpredictable and/or beyond ALTAVA's reasonable control.
4. Errors, mistakes, omissions, or inaccuracies in any content provided by ALTAVA or through ALTAVA.
5. The disappearance or deletion of a member's content or account due to ALTAVA's negligence, technical errors, or hacking, among other causes.
6. The disappearance or deletion of a creator's content or account due to ALTAVA's negligence, technical errors, or hacking, among other causes.
7. Hacking or attacks on ALTAVA or ALTAVA platforms (provided that ALTAVA will make reasonable efforts to promptly warn users upon becoming aware of such events).
8. Infringement of the content of other users or third parties causing defamation, offense, or illegal acts.
9. Financial loss resulting from the actions or inaction of a person who resells the design.
10. Alteration of content provided by ALTAVA or content provided by a person other than ALTAVA.
11. Including the loss or deletion of your account or anything held in it.
12. Includes anything else that we state we are not responsible for, do not warrant, or otherwise exclude our liability under these Terms.

ALTAVA shall not be liable for any losses other than those resulting directly and reasonably foreseeable from gross negligence (and in no event shall ALTAVA be liable for indirect or consequential losses, profits, contracts, data, business, business opportunities, goodwill, reputation, or similar losses).

ALTAVA does not guarantee that its tools will be free from viruses or safe for use. Members are responsible for configuring their information technology, computer programs, and platforms to access ALTAVA's tools and designs. Members must use virus protection software.

User Obligations

Users agree not to engage in any of the following prohibited activities concerning the service:

1. Copy, distribute, or publicly disclose any part of the service (automatically or manually through "scraping" or similar methods).
2. Access the service using automated systems (such as "robots," "spiders," or "offline readers") to send more requests to ALTAVA servers within a given time than a human can reasonably produce using a traditional online web browser (subject to the premise of ALTAVA users' personal information settings, ALTAVA authorizes the creation of publicly available search indexes, caches, or archives for the sole purpose of copying data from ALTAVA for the use of search engine operators and for no other purpose, including but not limited to the use of spiders to bypass features that prevent the use, copying, or access to content, or features that enforce limitations on use).
3. Send spam or unwanted emails (such as chain letters).
4. Disrupt or interfere with the integrity or security of the system.
5. Engage in actions that ALTAVA, in its sole discretion, deems to impose an unreasonable or disproportionate workload on ALTAVA's infrastructure.
6. Upload invalid data, viruses, worms, or other software agents through the service.
7. Collect or harvest personally identifiable information from the service.
8. Use the service for commercial purposes beyond those permitted by the company.
9. Impersonate any person or entity or falsely state or misrepresent any affiliation with any person or entity.
10. Disrupt the proper operation of the service.
11. Access content on the Service through any technology or means other than those provided or authorized by the Service.
12. Access the service in any way that circumvents ALTAVA's measures for preventing the use, copying, or access to content, or features that enforce limitations on use.
13. Decompile or reverse engineer the source code of the service or otherwise attempt to obtain it by any means.

Changes and Suspension of Service

In the following cases, we may suspend or terminate a member's right to use the service five days in advance:

1. The company may change the content of the service if necessary. However, if the change in the content of the service significantly affects the rights and obligations of members, it will be changed through the process of notice and notification.
2. The company may temporarily suspend the provision of the service if there is a need for maintenance, replacement, failure of information and communication facilities, interruption of communication, or substantial operational reasons.
3. The company may conduct regular inspections if necessary for the provision of the service, and may temporarily suspend the provision of the service during the process of conducting regular inspections.
4. The company may discontinue the service for business reasons or other reasons.

Termination of Contract and Restriction of Use

1. The company may terminate the usage contract with a member and deprive them of their membership without prior notice in the following cases:
   1. In case of a member's death.
   2. In case of using another person's personal information or mobile device.
   3. In case the personal information provided by the member at the time of registration is found to be false.
   4. In case of interfering with the use of the service by other members or threatening the e-commerce order.
   5. In case of impersonating the company, operator, employee, etc., outside of the service.
   6. In case of unauthorized alteration of the company's client program or threatening the system by hacking the server.
   7. In case of spreading false information, undermining the company's reputation or credit, or disrupting business through hierarchy or other means.
   8. In case of engaging in spam-like promotional activities related to the service.
   9. In case of any other acts that violate the obligations under these terms or laws.
2. In the above cases, the company may impose restrictions on the use instead of disqualification.
3. Members may request suspension of service through specified procedures such as email notification.

Ownership of Copyright and Restriction of Use

1. The rights to the company's trademarks, logos, provided services, and advertising content belong to the company.
2. Members may not replicate, publish, or profitably utilize the information obtained through the service without prior approval from the company.

Protection of Personal Information

"ALTAVA" values the preservation and security of user's personal information. However, the company cannot guarantee that unauthorized third parties will never breach its security measures or use user's personal information for inappropriate purposes. Users acknowledge that they voluntarily provide their personal information at their own risk.

1. The company complies with the "Personal Information Protection Act" regarding the collection, use, provision, processing, and protection of personal information.
2. The rights of members to access, correct, or suspend processing of personal information are protected under the "Personal Information Protection Act".
3. The company is not responsible for any leakage of personal information due to the member's fault.
4. For more information on personal information, please refer to the Privacy Policy.

Third-Party Links

The service may include links to third-party sites, services, special offers, or other events or activities that are not owned or controlled by "ALTAVA." "ALTAVA" does not assume responsibility or endorse the information, materials, products, or services of such third-party sites. When users access third-party sites through the service, they do so at their own risk, and users understand that these terms of use and "ALTAVA"'s privacy policy do not apply to their use of such sites. Users explicitly release "ALTAVA" from all legal liability arising from their use of a third-party website, service, or content. Furthermore, any transactions or promotional activities with advertisers found on or through the service (including payment and delivery of goods and related terms, conditions, warranties, etc.) are solely between the user and the advertiser. Users agree that "ALTAVA" is not responsible for any loss or damage of any sort incurred as a result of such dealings with advertisers.

1. Creator Registration

Users can access the platform as 'Creators' by registering as creators, allowing them to access creator-exclusive services. Users with creator qualifications can publish 3D clothing models and generate revenue by downloading various avatar costumes through them. To register as a creator, users must apply through recruitment announcements.

1.1 Application and Approval

There is no guarantee that all creator applications will be approved. Users must provide and maintain truthful, accurate, and up-to-date information according to the registration form.

2. Rights and Obligations of Creators

Users are solely responsible for the accuracy and legality of the content. Content violating the terms may be removed by ALTAVA. Respect for the intellectual property rights of others is essential.

3. Blockchain Wallet and Security

3.1 Wallet Usage

• To publish a model, users must tokenize the 3D model and connect their account to a digital wallet that supports TAVA tokens.
• The blockchain address serves as the user's identity on our site.
• Agreement to the terms of use of the wallet provider is implied. Wallets are not operated, maintained, or affiliated with by us, and we have no custody or control over wallet content.
• If you decide to transfer items from one wallet to another, the process will occur on the public blockchain. We are not liable for any loss, data corruption, or other adverse effects that may occur during this transfer process. The same applies to products, digital wallets, or other assets provided during asset transfers. We reserve the right to suspend, modify, or restrict the operation of digital wallets providing the service, with or without prior notice. Throughout this process, you warrant that you are the legitimate owner of the digital wallet and comply with the terms of use of the wallet provider.

3.2 Wallet Information and Security

• Wallets allow for the storage, tracking, transmission, and management of digital assets.
• Maintaining the security of the wallet is entirely the user's responsibility.
• If access to the wallet, private keys, passwords, or other security methods is lost, the funds or NFTs in that wallet cannot be recovered.
• Users accept responsibility for all activities related to the wallet.
• The wallet owner is solely the user, and we cannot access private keys or seed phrases.

4. NFT Issuance

4.1 Overview of NFT Issuance

Users can publish their 3D models as NFTs through this service. The issued NFTs can be traded by the user directly on third-party platforms.

4.2 Restrictions and Suspension of Service Usage

Creators may not receive settlement payments for costumes owned by their wallets or may face service sanctions if they do not comply with ethical standards when issuing NFTs.

5. Transactions and Liability

• ALTAVA does not intervene in transactions between users on third-party platforms.
• ALTAVA assumes no responsibility for transactions concluded through third-party platforms.