MYCREAM Terms of Service v2.0

Effective Date: 2026-08-31\
Operator (“Company”): MYCREAM CYP LTD (Reg. No. HE482361)\
Address: Chrysanthou Mylona 1, PANAYIDES BUILDING, 2nd Floor, Flat/Office 1, 3030 Limassol, Cyprus\
Contact: social@mycream.ai

1. Purpose and Scope

1. These Terms of Service (the “Terms”) set out the rights, obligations, and responsibilities between the Company and users in connection with the use of the MYCREAM service (including the web/app; the “Service”).

1. These Terms apply to all users of the Service (including general users and creators).

2. Order of Precedence

1. If you enter into a separate agreement with the Company (e.g., an influencer onboarding agreement, an IP license agreement, a tripartite agreement involving an influencer agency), that agreement will prevail over these Terms only to the extent it governs the rights and obligations between the parties to that agreement and the Company.

1. For matters relating to personal data, the Privacy Policy will prevail over these Terms.

1. Matters delegated by these Terms or separately announced by the Company (including credits/payment/refunds/settlement, operating rules, reporting/handling/appeals procedures, youth protection, etc.) will be governed by the Operating Policy, Customer Support/Report guidance, Youth Protection Policy, and other notices published by the Company (e.g., the “Credit Terms,” etc.).

3. Definitions

For purposes of these Terms, the following definitions apply:

1. User: Any person who accesses or uses the Service in accordance with these Terms (including both members and non-members).

1. Member: A user who creates an account with the Company and uses the Service.

1. Content: Any text, images, videos, audio, metadata, or other materials that a user uploads, posts, transmits, or otherwise makes available through the Service, as well as any materials displayed or generated during the use of the Service.

1. Original Media: Original content provided (including uploaded) to the Service by an influencer or other rights holder.

1. Influencer: A person who provides (including uploads) Original Media to the Service or enters into a separate agreement with the Company to provide it, and who may set the usage conditions for such Original Media (including whether and to what extent derivative creation is permitted), directly or through an authorized representative.

• An influencer’s rights/obligations and settlement terms are primarily governed by the separate agreement with the Company (and, where applicable, with an agency). These Terms apply only to the extent they apply to influencers as general users.

1. Agent: A platform-specific conversational and generative experience provided based on prompts, rules, scripts, and configurations determined by the Company, together with media and permission settings.

1. Derivative Works / Derivatives: Outputs generated, edited, composited, or modified based on Original Media or any part of it (including conversation outputs and image/video outputs). The Company does not guarantee that derivatives are copyrightable or that any particular rights attach to them.

1. Creator: A user who uses the Service’s agent configuration, tuning, and generation features within the scope of media registered on the platform and the applicable permission settings.

1. Rights Holder: Any person or entity with lawful rights or authority relating to Content used on the Service, including copyright, portrait rights, publicity rights, or licensing authority (including an influencer, partner, the Company, or a duly authorized party).

1. Authorized Representative: A person duly authorized by a rights holder (e.g., an influencer) to perform tasks on the rights holder’s behalf, such as content upload, permission settings, or settlement procedures (e.g., an influencer agency or manager). Upon request, the representative must be able to provide proof of such authority.

1. Credits (“Cream”): Digital credits purchased and used to access features within the Service. Details are governed by separate documents such as the Credit Terms.

\[Summary\] The rights holder of Original Media (the party setting permissions) may be an Influencer, and where approved by the Company, an Influencer’s authorized representative may manage permission settings and operations on the Influencer’s behalf.

4. Acceptance and Agreement

1. By signing up, logging in, making a payment, or continuing to use the Service, you are deemed to have read and agreed to these Terms.

1. The Company may retain records of your consent where necessary.

5. Eligibility and Age Restriction

1. The Service is available only to persons who are 18 years of age or older, or who are at or above the legally recognized age of majority in their country of residence.

1. To enforce age restrictions and access controls, the Company may require additional verification or restrict access to certain features.

1. If a user is suspected to be a minor, the Company may restrict, suspend, or terminate the user’s account and/or access to the Service.

6. Accounts, Security, and Representative Operation

1. Members must provide accurate and complete information. If identity theft, unauthorized use of another person’s information, or false information is confirmed, the Company may restrict use or terminate the account.

1. Members are responsible for safeguarding their accounts and passwords. If you suspect unauthorized use, you must notify Customer Support promptly.

1. As a general rule, members may not transfer, lend, or share their accounts with others.

1. However, for rights holders such as influencers, an authorized representative may operate the account or perform certain functions pursuant to a separate agreement with the Company or procedures approved by the Company.

1. For security and compliance purposes, the Company may require an authorized representative to complete identity verification (KYC) and submit proof of authority. The rights holder and/or representative remains responsible for activities conducted by the representative to the extent provided by applicable agreements and law.

7. Identity Verification (KYC) and Additional Authentication

1. The Company may require additional verification—such as government ID checks, selfie checks, and address verification—for legal compliance, payment/settlement partner requirements, and risk management.

1. If a user refuses verification, submits false documents, or uses another person’s identity, the Company may impose feature restrictions, withhold settlements, or take account actions.

8. Service Provision and Changes

1. The Company provides features of the Service, including chat and generation, media display/viewing, subscriptions, credit purchases, and related functionality.

1. The Company may modify, suspend, or discontinue all or part of the Service for operational or technical reasons, and will provide notice of material changes in a reasonable manner.

1. Certain features may be limited depending on account type, permission settings, or compliance requirements.

9. Credits (Cream) and Paid Features

1. Credits are digital usage rights for the Service and are not legal tender or equivalent to cash.

1. The purchase, use, granting (including promotions), revocation, expiration, transferability, refunds, and handling of fraudulent use of credits are governed by the Credit Terms.

1. If fraudulent payment, use of stolen payment instruments, or chargeback risk is detected, the Company may restrict credit usage or take account actions.

10. Content Rights and License

1. Copyright and other rights in Content generally remain with the applicable rights holder.

1. By providing Content through the Service, you grant the Company a non-exclusive, worldwide, royalty-free license to use such Content as necessary to operate and provide the Service (including hosting, storing, reproducing, transmitting, displaying, converting formats, and optimizing quality).

1. (Ownership of Platform-Generated Agents and Treatment of Derivatives)\

1. The structure and components of an Agent that you create, configure, edit, combine, or package within the Service using the Company’s tools and features—including prompts, rules/scripts, configuration values, composition structures, tags/metadata, and operational parameters—together with the resulting in-Service arrangement/packaging (collectively, “Platform-Generated Agents”) are owned by and shall vest in the Company, including any related intellectual property rights.

1. The foregoing ownership is limited to the structure/configuration/packaging of Platform-Generated Agents and does not affect the ownership of Original Media provided (including uploaded) by a rights holder, nor any rights the user or rights holder independently holds in their own content, which remain with the applicable rights holder subject to these Terms and any separate agreement.

1. With respect to Derivative Works / Derivatives generated, edited, composited, or modified based on Original Media (including conversation outputs and image/video outputs), the Company does not guarantee that such outputs are copyrightable or that any particular rights attach to them.

1. If a rights holder changes or revokes derivative permissions, new generation/rendering that uses the relevant asset may be restricted or stopped, and the asset may be excluded from discovery surfaces such as search and recommendations. However, outputs generated prior to revocation and existing usage history may not be retroactively withdrawn due to technical and legal limitations. Caches, thumbnails, logs, and similar artifacts may be cleared gradually in accordance with technical retention periods and internal policies.

1. Any compensation method (including whether refunds are provided, and if so whether in credits or otherwise) for feature limitations caused by permission changes is governed by the Credit Terms.

1. You may not claim ownership of Platform-Generated Agents. The Company may, to the extent reasonably necessary for operating the Service, security and stability, compliance with policies/laws, quality improvement, rights protection, and dispute handling, modify, reconfigure, restrict, suspend, remove, or de-list Platform-Generated Agents.

1. If you separately provide explicit consent (opt-in), the Company may use Content for limited promotional/marketing purposes as described in separate notices.

1. You may only provide Content you have the right to provide. If a claim or risk of infringement arises, the Company may restrict access to or remove the relevant Content.

11. Derivative Permissions and Changes to Permissions

1. A rights holder may set the permitted scope for derivative creation (e.g., exposure level, style, allow/disallow) through the Service’s upload or management interfaces.

1. A rights holder may request changes to or revocation of permissions, and the Company will implement such changes within a reasonable scope.

1. Once a revocation takes effect, new generation/rendering that uses the relevant asset may be restricted or stopped, and the asset may be excluded from discovery surfaces such as search and recommendations.

1. However, outputs generated prior to revocation and existing usage history may not be retroactively withdrawn due to technical and legal limitations. Caches, thumbnails, logs, and similar artifacts may be cleared gradually in accordance with technical retention periods and internal policies.

1. Compensation methods (e.g., refund in credits or otherwise) for feature limitations caused by permission changes are governed by the Credit Terms.

12. Downloads and Restrictions on External Distribution

1. Original Media may be downloadable in accordance with Company policies and rights settings (e.g., paid subscriptions, rights holder permissions).

1. Derivatives/Agent outputs (including conversation outputs) are generally intended to be viewed and stored within the Service and may not be saved or downloaded to local devices, unless the Company expressly permits otherwise pursuant to available features, rights settings, applicable law, or partner policies.

1. You must not export, re-upload, redistribute, mass-scrape Agent outputs or derivatives, or use them for third-party model training/tuning or other retraining purposes.

1. The Company may apply protective measures such as watermarks, tracking identifiers, and access controls.

13. Payments and Refunds (General Principles)

1. Users may purchase credits and/or access paid features through the Service.

1. Due to the nature of digital services, refunds may be limited. Refund eligibility criteria and procedures are governed by the Credit Terms.

1. Taxes such as VAT/GST may be applied depending on jurisdiction, and users are responsible for applicable taxes and fees.

13A. Subscriptions and Auto-Renewal

1. Scope. This section applies to recurring subscription plans offered on the Service, including recurring credit (Cream) plans and creator/influencer membership plans (“Subscriptions”).
2. Auto-renewal. Subscriptions renew automatically at the end of each billing period and continue until cancelled. By subscribing, you authorize the Company to charge your selected payment method on a recurring basis, at the then-current price for each renewal period, until you cancel.
3. Billing period and price. The billing period and the recurring price are displayed at checkout before you confirm. Unless stated otherwise at checkout, Subscriptions are billed monthly.
4. Introductory / discounted pricing. Where a Subscription’s first billing period is offered at a discounted introductory price, the introductory price, the standard recurring price that applies from the next billing period, and the billing frequency are shown clearly at checkout before purchase. The Company will notify you (e.g., by email) before the first charge at the standard price.
5. Express consent. Before any charge, you must actively confirm your agreement to recurring billing (for example, by ticking a consent checkbox) and to these Terms. Your consent may be recorded.
6. Confirmation. After you subscribe, the Company will send you an electronic confirmation/receipt including the Company’s name and location, a description of the plan, the amount charged, the standard recurring amount and the next billing date, a statement that the Subscription auto-renews until cancelled, and how to cancel.
7. Cancellation. You may cancel a Subscription at any time through your account settings. Cancellation takes effect at the end of the current paid billing period and stops all future renewals. Access continues until the end of the period already paid for.
8. Refunds. Amounts charged for subscription periods already delivered are non-refundable except where required by applicable law; cancelling stops future charges but does not, by itself, refund the current period unless required by law. Refunds and credit (Cream) handling are otherwise governed by Section 13 and the Credit Terms.
9. Failed payments / expired cards. If a renewal charge fails, the Company may retry the charge and will notify you; you can update your payment method in your account settings. Continued failure may result in suspension or cancellation of the Subscription.
10. Price changes. The Company will give advance notice of any change to the recurring price of an ongoing Subscription, and any change will apply only to renewals occurring after the notice.
11. Eligibility. Subscriptions are available only to users who meet the age requirement in Section 5.

14. Creator Revenue Settlement

1. Application and Precedence. This Article applies where a Creator (Article 3(8)) settles and withdraws revenue through in-Service features (such as registering an account, viewing settlement records, and withdrawal). However, where a separate agreement exists between the Company and an Influencer (and, where applicable, an agency), that separate agreement prevails over this Article as to the relevant settlement structure, in accordance with Article 2(1) and Article 3(5).

1. Calculation of Revenue. A Creator's revenue is calculated on the basis of the Credits (Cream) and other paid items that users spend in the course of using that Creator's Agent(s) (Article 3(6)). The scope of recognized revenue, the revenue share ratio, the settlement cycle, the minimum withdrawal amount, and other detailed criteria are governed by the settlement menu within the Service or by separate notices published by the Company.

1. Identity Verification and Taxes. Before revenue is paid out, the Company may require identity verification (such as a government-issued ID and verification of the account holder's name) in accordance with Article 7 (Identity Verification and Additional Authentication), and may withhold settlement until such verification is completed. Taxes on a Creator's revenue are the Creator's responsibility; the Company may withhold tax, file information returns, and take other measures to the extent required by applicable law. Where the Company is not the withholding agent, the Creator is responsible for reporting and paying the relevant income.

1. Withholding, Adjustment, and Clawback. Where a violation of these Terms or the Operating Policy, or fraudulent use (such as manipulation of usage metrics or payments, or chargeback/refund abuse), is confirmed, the Company may withhold settlement or adjust or claw back the relevant revenue. The same applies where refusal of verification, submission of false information, or use of another person's identity under Article 7 is confirmed.

1. Protection of Accrued Revenue. Even where an Agent is made private or deleted, revenue lawfully accrued prior thereto remains subject to settlement. Where the Company changes this Article or the detailed settlement criteria, the criteria in effect before the change apply to revenue lawfully accrued before notice is given under Article 22 (Changes to These Terms). The foregoing does not apply to cases falling under paragraph 4.

15. Prohibited Conduct and Prohibited Content (Summary)

You must not generate, upload, transmit, request, or distribute any of the following (see the Operating Policy for details):

1. Sexual content involving minors (including actual, similar, or implied)

1. Non-consensual sexual exploitation/coercion/threats; revenge porn; and similar conduct

1. Illegal recordings; identity theft; exposure of personal information (doxxing); stalking; threats

1. Fraud, phishing, payment fraud, or inducing illegal services

1. Hate incitement, promotion of violence, or conduct that promotes or practically enables serious illegal activity (e.g., illegal weapons, hacking)

1. Using, providing, impersonating, or deepfaking a third party’s name, likeness, voice, or persona (including real persons and celebrities) without explicit consent

If violations occur, the Company may take measures such as removing content, restricting features, suspending/terminating accounts, withholding settlements, and reporting to relevant authorities.

16. Reporting, Rights Protection, and Customer Support

1. The Company operates reporting intake and handling procedures pursuant to the Operating Policy and Customer Support guidance.

1. Upon receiving reports of rights infringements (including copyright, portrait rights, or privacy), the Company may take reasonable measures such as restricting access to or removing content.

1. For serious unlawful content such as CSAM, the Company may immediately block such content and report to relevant authorities.

17. Service Limitations and Disclaimer

1. The Service is provided on an “as is” basis, and the Company does not guarantee uninterrupted availability, error-free operation, or fitness for a particular purpose.

1. Responsibility for the legality, accuracy, and rights clearance of user-provided Content rests primarily with the content provider.

18. Limitation of Liability

To the maximum extent permitted by law, the Company will not be liable for any indirect, special, incidental, or consequential damages. The Company’s aggregate liability may be capped at the lower of \[the total amount paid by the user to the Company during the most recent three (3) months / or USD \$100\]. Where such limitation is not permitted by applicable law, the limitation will apply only to the extent allowed.

19. Indemnification

If you violate these Terms or applicable policies, or infringe any third-party rights, and such violation causes the Company to suffer damages (including claims, fines, and legal costs), you agree to indemnify and hold the Company harmless for such damages.

20. Termination and Restrictions

1. You may close your account (withdraw your membership) subject to the procedures described in Customer Support guidance. To ensure the effectiveness of payment-dispute and chargeback handling and of report and safety investigations, a closure request may be submitted only after seven (7) days have elapsed from the date of your registration.

1. Reinstatement grace period. When you submit a closure request, you are signed out immediately, your account is suspended, and it is held in a pending-closure state for thirty (30) days from the date of the request. If you log in again during this period, you may restore your existing account; restoring it withdraws the closure request and keeps your existing account information as it was. Instead of restoring, you may choose to permanently delete the existing account and sign up for a new account, in which case the existing account cannot be restored. After the 30-day period, the closure becomes final and your account and related personal data are deleted in accordance with the Privacy Policy (excluding items the Company is required to retain by law).

1. Exceptions to Sections 20.1 and 20.2. The 7-day restriction and the 30-day grace period do not apply, and the Company will act without undue delay on requests received at social@mycream.ai, where:

• you exercise a right under applicable law to request erasure of, or restriction of processing of, your personal data (including under Article 17 of the GDPR);
• you are confirmed to be a minor; or
• there is an urgent ground relating to your safety.

1. The Company may suspend the Service or restrict/terminate an account in cases of violations of these Terms/policies, illegal activity, security risk, or where risk management requires it. An account for which the Company has initiated closure (including at your request through Customer Support) cannot be restored by you directly; cancellation of the scheduled deletion may be requested only through Customer Support.

1. Provisions that by their nature should survive termination (including licenses, limitation of liability, and dispute resolution) will remain in effect after termination.

21. Governing Law and Dispute Resolution

1. These Terms are governed by the laws of Cyprus.

1. The parties will first attempt to resolve disputes in good faith through consultation. If consultation fails, disputes will be resolved under the jurisdiction of Cyprus.

1. Where urgent protection of rights or injunctive relief is required, the Company may seek relief from a court of competent jurisdiction.

22. Changes to These Terms

The Company may amend these Terms, and material changes will be communicated through reasonable means such as in-Service notices or email. If you continue to use the Service after such notice, you are deemed to have agreed to the amended Terms.

23. Contact

Inquiries/Reports: social@mycream.ai

History

2026\. 02. 09

v1.6

Initiated

2026\. 02. 16

v1.7

✅ 신규(New)

Section 10.3: “Ownership of Platform-Generated Agents and Treatment of Derivatives”(10.3(1)~(6)) 신규 추가

• 서비스 내 도구로 구성한 Agent의 structure/configuration/packaging + metadata 등을 “Platform-Generated Agents”로 정의

• 해당 범위에 대한 Company ownership(회사 소유/귀속) 명시

Derivatives 관련 비보증 문구 추가

• 결과물의 copyrightability 또는 rights attachment를 보장하지 않음

• 권리 변경/철회(Revocation) 반영 시 효과를 Section 10에 명시

• 신규 생성/렌더링 제한·중단, discovery(검색/추천) 제외 가능

• 기존 생성물/이용내역 소급 회수 불가 가능성

• caches/thumbnails/logs 등의 retention/내부 정책에 따른 순차 정리

보상 기준 연결

• permission change로 기능 제한 시 보상은 Credit Terms and/or Payment Policy를 따름

✏️ 수정(Modified)

Section 10의 구조를 KR과 동일한 하위항목(1)~(6) 체계로 정렬

• 조문 가독성과 법무 문체 강화

ownership 범위 제한 문구 명확화

• ownership은 Agent의 structure/configuration/packaging에 한정되며,

• Original Media 및 권리자 고유 권리는 영향을 받지 않음을 명시

운영상 수정/중단 권한 명시 강화

• modify/reconfigure/restrict/suspend/remove/de-list 권한과 목적(ops/security/compliance 등) 명시

🗑️ 삭제(Deleted)

• 삭제 항목 없음(기존 Section 10의 기본 라이선스 구조 유지, 10.3 확장/보강)

​​

2026\. 07. 13

2026\. 08. 31