Terms of Service

In these Terms:

• "POTEN410", "we", "us" and "our" mean POTEN410 Inc., a company incorporated in the Republic of Korea (business registration no. 827-86-01806; CEO Yeobeom Yoon; 5F, 909-9 Bangbae-dong, Seocho-gu, Seoul, Republic of Korea).
• "PIVOT410" or the "Service" means the PIVOT410 website (www.pivot410.net), the PIVOT410 mobile apps, and all related features, content and services we provide, including programs we run online and offline.
• "Member" means anyone who creates an account on the Service.
• "Aspirant" means a Member who uses the Service to build a talent profile, receive feedback and apply to auditions.
• "Guardian" means a parent or other person with legal authority to act for a Member who is under 18 (or under the age of majority where the Member lives, if different).
• "Agency" or "Partner" means an entertainment company, management agency, label, casting organisation or other partner that uses the Service to run auditions or review talent under a separate agreement with us, together with its authorised staff.
• "Content" means text, photos, videos, audio, profile information and other material. "Member Content" is Content that you submit to the Service.
• "AI Features" means features that use automated analysis, including AI face analysis, visual archetypes, audition matching and AI screening reports.

By creating an account, confirming your agreement during sign-up, or otherwise using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

Some features - for example paid programs, events or specific partner auditions - may have additional terms that we show to you before you use them. If additional terms conflict with these Terms, the additional terms apply to that feature only.

If you use the Service on behalf of an Agency or another organisation, you confirm that you are authorised to accept these Terms on its behalf.

• You must be at least 13 years old to create an account.
• If you are under 18, you may use the Service only with the consent of your Guardian. We ask for your Guardian's name, email address and confirmation of consent before you apply to auditions or register for programs, and we may contact your Guardian to verify it.
• In some countries the law sets a higher age below which a Guardian must give, or verifiably confirm, consent to the processing of personal information (for example, under 14 in the People's Republic of China and the Republic of Korea, and up to 16 in some countries of the European Union). Where this applies, we will ask for verifiable Guardian consent and may limit certain features until we receive it.
• A Guardian who gives consent is responsible for supervising the minor's use of the Service, reviewing the information and media submitted, and acting as the point of contact for Agencies. A Guardian may withdraw consent at any time by contacting us, and we will then restrict or close the minor's account.
• You may not use the Service if we have previously terminated your account for a breach of these Terms, or if using the Service is prohibited by the law that applies to you.

• Provide accurate, current and complete information, and keep it up to date. Agencies rely on profile information such as age, height and positions when they review talent.
• One person, one account. Do not create an account for someone else unless you are acting as their Guardian, and do not share, sell or transfer your account.
• Keep your password confidential, and tell us immediately at info@poten410.com if you suspect unauthorised use of your account. You are responsible for activity on your account unless it results from our fault.
• We may ask you to verify your email address, your age or your Guardian's consent before you use certain features.

PIVOT410 helps aspiring K-POP artists present themselves to entertainment agencies, and helps agencies discover talent. The Service currently includes:

• Talent profile - your basic information, positions, languages, photos and 30-60 second performance videos (song or dance).
• AI face analysis - an optional analysis of a photo you choose that shows your visual archetype, strengths and similar visual types (see "AI features").
• Direct audition - browse auditions posted by Agencies and apply directly, including to several auditions at once. Status updates for your applications appear in your account.
• Profile spotlight - if you switch it on, your profile, photos and videos are shown to the casting staff of partner Agencies on the Service, even for auditions you have not applied to. You can switch it off at any time.
• Programs - seminars, mock auditions, workshops, masterclasses, training camps, video shooting and online challenges, some of which we run with local partners.

We may add, change or discontinue features. If we discontinue a major feature that you rely on, we will give you reasonable advance notice where possible.

• Creating a profile, using AI face analysis and applying to auditions is free for Aspirants. We do not charge any broker, referral or success fee for applying to auditions or for being contacted by an Agency.
• Agencies must not ask Aspirants for any fee in connection with an audition on the Service. If anyone asks you for money in the name of PIVOT410 or an audition, please do not pay, and report it to info@poten410.com.
• We do not guarantee any casting outcome. Agencies make their own independent decisions about auditions, casting, training and contracts. We are not a party to any contract between you and an Agency, and we do not act as your talent agent unless we agree otherwise in writing.
• Any trainee, exclusive or other contract you sign with an Agency is between you (and your Guardian) and that Agency. We encourage you to read any contract carefully and to seek independent advice, especially if you are a minor.

You keep ownership of your Member Content. To operate the Service, you grant POTEN410 a worldwide, non-exclusive, royalty-free and non-transferable licence to host, store, copy, process, format, analyse (including with AI Features), display and share your Member Content, with the right to sublicense it only to our service providers and to Agencies as described below. We use this licence only:

• to share your Member Content with Agencies whose auditions you apply to and, if you switch on Profile spotlight, with the casting staff of partner Agencies, solely for casting review and talent discovery; and
• as otherwise needed to operate, secure and improve the Service for you (for example, to create thumbnails or compress videos).

We will not use your photos, videos or name in public advertising, social media posts or marketing materials without your separate consent (and your Guardian's consent if you are under 18).

This licence ends when you delete the relevant Member Content or your account, except for: (a) copies that an Agency has already reviewed or received through an application, which the Agency must handle under its obligations to us and under applicable law; (b) copies we must keep to comply with the law or to resolve disputes; and (c) backup copies, which are removed in the normal backup cycle.

You confirm that you hold all the rights needed to grant this licence, including the consent of any other person who appears in your Member Content.

Your Member Content must:

• show your own performance and appearance - not someone else's, and not a performance falsely presented as yours;
• be honest, and not be edited in a way that materially misrepresents your appearance, voice or skills (normal adjustments to lighting, framing and sound are fine);
• not infringe anyone else's copyright, trademark, portrait, publicity, privacy or other rights. If you use recorded music in a performance video, you are responsible for any permission that is required, and we may mute or remove the video if a rights holder objects;
• contain no nudity and no sexual or sexually suggestive content, and never any sexualised content involving a minor - we report such content to the competent authorities;
• contain no hate speech, harassment, violence, dangerous acts, illegal activity, or personal information of other people;
• contain no advertising, spam, malicious code or links to harmful sites.

We may review, restrict or remove Member Content that we reasonably believe breaks these rules or the law. We will tell you when we do so, unless the law or the safety of others prevents it.

In addition to their partner agreement with us, Agencies and their staff who use the Service must:

• use talent information, photos, videos and AI results only to review candidates and conduct casting for their own genuine auditions, and not sell, publish or pass them on to anyone else;
• contact Members under 18 only through, or together with, their Guardian, and never arrange private meetings with a minor without the Guardian's involvement;
• not charge Aspirants any fee for auditions, evaluation, registration or anything similar, and not require the purchase of training, photo shoots or other services as a condition of an audition;
• describe auditions truthfully, including the organiser, the process, the location and any conditions;
• keep access credentials secure, limit access to authorised staff, and comply with applicable data protection, labour and minor-protection laws;
• delete or return talent information when it is no longer needed for casting, or when we or the Member ask them to, unless the law requires otherwise.

We may suspend an Agency's access immediately if we reasonably believe that it has breached these obligations.

When using the Service, you must not:

• impersonate anyone, create fake profiles or auditions, or misrepresent your age or your relationship with a Member;
• harass, threaten, exploit or groom anyone, or seek personal information from minors;
• collect, scrape, bulk-download or export other Members' information, or use bots or other automated tools without our written permission;
• attempt to bypass security measures, access areas you are not authorised to use, or interfere with the operation of the Service;
• reverse-engineer, copy or resell the Service or its AI Features, or use their outputs to build a competing service;
• use the Service for fraud, unlicensed talent brokerage or any other unlawful purpose;
• upload Content that breaks the rules in "Rules for Member Content".

• AI Features are assistive tools. Results such as visual archetypes, strengths, similar visual types, match scores and screening reports are generated automatically, are based on probabilities, and may be inaccurate or incomplete.
• AI face analysis is not a beauty rating and does not judge your worth or your talent. It describes visual characteristics to help you present yourself and to help Agencies find the look they are searching for.
• AI results are never the sole basis for a decision by us. Casting decisions are made by people at the Agencies, and a human stays involved in AI-assisted screening.
• Before your first face analysis we ask for your explicit consent (and your Guardian's consent where required). You can delete your analysis results at any time. How we process face images is explained in our Privacy Policy.
• Do not rely on AI results for medical, psychological or other professional purposes.

Some programs - for example training camps, workshops, masterclasses or video shooting at partner studios - may be offered for a fee. Before you book, we will show you the price, what is included, the schedule, the organiser, and the cancellation and refund policy. Any additional terms for a program apply to that program.

• Payment is made to the organiser shown at booking. Where payments are made online, they are handled by a payment service provider.
• Refunds follow the policy shown at booking and applicable consumer protection law, including any statutory right of withdrawal that you have. Nothing in these Terms limits those rights.
• Minors need their Guardian's consent to book paid programs, and a Guardian may need to attend or sign additional forms for offline programs.
• If we have to cancel a program, we will offer you a full refund or a suitable alternative.

The Service may link to, or work with, third-party websites and services such as app stores, social media, video platforms, payment providers and partner sites. These are governed by their own terms and privacy policies, and we are not responsible for their content or practices. Challenges that take place on third-party platforms (for example TikTok or Douyin) are also subject to the rules of those platforms.

• You may stop using the Service and delete your account at any time from your account settings or by contacting us. Deleting your account withdraws your pending applications and removes your profile from Profile spotlight.
• We may suspend or terminate your access, remove Content or restrict features if you breach these Terms or the law, if a court or authority requires it, if your use creates a risk for other Members (especially minors), or if your Guardian withdraws consent. Where appropriate, we will give you notice and a chance to respond, unless urgent action is needed.
• We may end the Service entirely with at least 30 days' notice, and we will refund any prepaid fees for services not yet provided.
• Provisions that by their nature should continue after termination - such as the licence for content already reviewed by Agencies, disclaimers, limitation of liability, indemnity, and governing law - continue to apply.

• We work hard to keep the Service safe and reliable, but it is provided "as is" and "as available". To the extent permitted by law, we do not guarantee that the Service will be uninterrupted or error-free, that any audition will lead to a particular result, or that information posted by Agencies or other Members is accurate.
• We review Agencies before they join as partners, but we are not responsible for the conduct of Agencies or other Members outside the Service. Please report any concern to us.
• To the extent permitted by law, POTEN410 is not liable for indirect, incidental, special or consequential damages, or for loss of profits, opportunities or data, arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us for the Service in the 12 months before the claim arose, or 100,000 Korean won.
• These limits do not apply to liability for our intentional misconduct or gross negligence, for death or personal injury caused by our negligence, or to any other liability that cannot be limited under applicable law, including mandatory consumer protection law.

To the extent permitted by law, you agree to compensate POTEN410 for reasonable losses, damages and costs (including reasonable legal fees) arising from third-party claims caused by your breach of these Terms, your Member Content, or your infringement of someone else's rights. This does not apply to the extent that the loss was caused by us. If you are a consumer, this section applies only as far as the law of the country where you live allows.

We may update these Terms to reflect changes to the Service, the law or our business. We will post the updated Terms on this page with a new effective date, and notify you on the Service or by email:

• at least 7 days before the change takes effect; or
• at least 30 days before the change takes effect, if it is materially adverse to Members.

If you do not agree with a change, you may delete your account before it takes effect. If you continue to use the Service after the effective date, you accept the updated Terms. Changes that are urgently required by law or for security reasons may take effect sooner where the law allows.

• These Terms are governed by the laws of the Republic of Korea.
• Please contact us first - most concerns can be resolved quickly and informally.
• Any dispute that cannot be resolved amicably will be submitted to the Seoul Central District Court as the court of first instance.
• This does not deprive you of the protection of the mandatory consumer protection laws of the country where you live, or of any right under those laws to bring proceedings in the courts of that country.
• If any provision of these Terms is found to be invalid, the remaining provisions stay in effect. If we do not enforce a provision, this is not a waiver of our rights. You may not transfer your rights under these Terms without our consent; we may transfer ours as part of a merger, acquisition or sale of the Service, and will notify you if we do.

POTEN410 Inc.

• Address: 5F, 909-9 Bangbae-dong, Seocho-gu, Seoul, Republic of Korea
• CEO: Yeobeom Yoon
• Business registration no.: 827-86-01806
• Email: info@poten410.com
• Online: Contact page