Upstage Console Service Terms of Use

Chapter 1 General Provisions

Article 1 (Purpose)

These Service Terms of Use (hereinafter “Terms”) are intended to specify the rights and obligations, usage conditions, procedures, and other relevant matters for members (hereinafter “Members”) who access or use the Upstage Console service provided by Upstage Corporation (hereinafter “Company”), or who use the service (defined below).

Article 2 (Definition of Terms)

The definitions of terms used in these Terms are as follows:

1. “Service” refers to the various AI solutions provided to Members through Upstage Console, encompassing both free and paid services. The Service is composed of individual services (hereinafter 'individual services'), and Members can select and use individual services with the Company's consent.
2. “Website” or “Upstage Console” refers to the online web service site where the Company posts these Terms and where Members can register, make payments, and make various related inquiries. The website address is console.upstage.ai.
3. “Member” refers to a user who agrees to these Terms and formally joins and uses the Service.
4. “Account” refers to the member identification unit established by the Company to enable Members to manage member authentication, change member information, and subscribe to and withdraw from services using a single login ID and password.
5. “Stakeholder” refers to companies, sales agents, and their respective staff who provide additional functions and services necessary for using the Company's service.
6. “Paid Service” refers to individual services among the Company's individual services that Members pay for and use.
7. “Payment Unit” refers to the unit of payment for using paid services, typically measured based on usage from the first day to the last day of the current month and billed on a monthly basis.

Article 3 (Membership Registration, Withdrawal, Termination)

1. Members can apply for membership after reading and agreeing to these Terms, and the service use agreement is established, and the membership registration process is completed upon the Company's acceptance. However, the Company may defer acceptance until the resolution of issues if there is no surplus in service-related facilities, or if there are technical or operational problems.

2. Members can withdraw from membership at any time, and the Company shall process this without delay unless there are special reasons.

3. The Company may refuse membership applications or impose appropriate restrictions such as account suspension or deletion if it is determined that the member has violated the following conditions:

   1. If there is a history of account deletion by the Company.
   2. Failure to enter necessary information or entering false information during account creation.
   3. If the applicant is a minor under the age of 14.
   4. If there is a risk of personal information leakage.
   5. If the service is applied for or used for purposes prohibited by law or contrary to public order and morals.
   6. Other reasons equivalent to the above, violating these Terms or other relevant laws, or contrary to the Company's operational policies.

Article 4 (Effectiveness and Amendment of Terms)

1. The Company discloses these Terms before members join and use the service, ensuring that members can verify important contents.
2. The contents of these Terms are posted on the website or service screen or notified by other means, and become effective for all members who have agreed to these Terms. Some provisions of these Terms may continue to be effective even after the termination of the service use contract with the Company.
3. The Company may amend these Terms as necessary within the scope not violating relevant laws, and in case of any changes, the Company will notify or announce the amended Terms to members from 7 days before the application date as a principle. However, in case of changes unfavorable to members, notification or announcement will be made 30 days before the application date.
4. If the Company announces or notifies the amended Terms as per the previous paragraph and the member does not explicitly express refusal or terminate membership or service use by the implementation date of the amended Terms, it is considered as approval of the amended Terms. The Company is not liable for any damage to members due to ignorance of the amended Terms. The amended Terms for free services become effective immediately after the implementation date, and for paid services, from the first day of the next payment unit.
5. If a member expresses refusal of the amended Terms related to paid services, the previous Terms apply until the payment unit of the implementation date of the amended Terms, and the use of paid services may be terminated thereafter. The Paid Service Purchase Terms apply for the termination of paid service use.
6. These Terms apply from the day the member agrees to the Terms until the day of withdrawal from membership (the day the service use contract ends). However, some provisions of these Terms, such as personal information management (Article 19), service copyrights and usage rights (Article 21), Company's responsibility (Article 22), Member's responsibility (Article 23), etc., may continue to be effective after the member's withdrawal.

Article 5 (External Regulations)

1. In the event that matters not stipulated in these Terms are subject to relevant laws and regulations or separate individual agreements between Members and the Company, these matters shall be governed by such laws and regulations, or the individual agreement. For clarification, the Company may implement separate operating policies for each of its individual services, and may establish terms for such services under individual agreements.
2. In the case of a conflict between these Terms, individual agreements, and any other separate agreements entered into between Members and the Company, the order of precedence shall be as follows: separate agreements, individual agreements, and these Terms.

Chapter 2 Members

Article 6 (Provision and Management of Member Information)

1. Members shall provide information about themselves to the Company within the scope necessary to use the services, and failure to provide the required information may result in partial or complete restriction of service use.
2. When providing information to the Company pursuant to these Terms and other agreements, Members shall provide true and lawful information, and the Company shall not be liable for any damages arising from the provision of false or illegal information.
3. Members are responsible for managing their accounts, and they shall not allow third parties to use their accounts. The Company may require password input and additional identity verification procedures to prevent unauthorized use of members' accounts by third parties.
4. If a Member suspects that their account has been stolen or is being used by a third party, they must immediately notify the Company. The Company shall not be liable for any damages arising from a Member's failure to notify the Company or to follow the Company's instructions after notification.
5. Members can view and modify their information through the homepage. However, certain information necessary for the provision and management of services may not be editable, and modifying or adding information may require identity verification procedures.

Article 7 (General Obligations of Members)

1. Members shall not engage in the following acts while using the Service:
   1. Falsifying information or using stolen account and passwords for unauthorized use during application or change of information
   2. Actions that damage the reputation or cause disadvantages to others
   3. Infringing upon the copyrights or other rights of the company or third parties
   4. Spreading information that violates public order and social norms
   5. Registering or spreading computer virus infection materials that cause malfunctions or disruptions to the Service
   6. Acts that intentionally hinder the operation of the Service or transmit information that may disrupt stable operation
   7. Actions that cause abnormal traffic on the Service and using unauthorized automated programs (DDos, hacking, etc.)
   8. Acts of copying, modifying, distributing, selling, transferring, lending, providing collateral, or allowing others to use the rights to use the Service (ID, password, etc.) or software included therein without the consent of the Company, as well as acts of reverse engineering or attempting to extract source code, replicating, disassembling, imitating, or otherwise modifying the Service
   9. Acts of pretending to be someone else or falsely stating relationships with others
   10. Acts of disseminating false information with the purpose of benefiting oneself financially or causing harm to others
   11. Acts of transmitting or posting information that is prohibited from transmission or publication under relevant laws and regulations (including computer programs)
   12. Acts of posting articles, sending e-mails, or messages by pretending to be an employee, operator, or using someone else's identity of the Company or its affiliates
   13. Acts of detecting, leaking, altering or damaging the data or information managed by others without a valid reason
   14. Any other acts deemed illegal, improper, or inappropriate
2. The member shall be solely responsible for any liabilities and disadvantages resulting from the information they have entered or the inaccuracy thereof.
3. Members must immediately notify the Company in the following cases:
   1. Service connection failure.
   2. Leakage of or concerns regarding the leakage of a member's personal information, electronic medical records, or other information registered in the service.

Chapter 3 Services

Article 8 (Content of Services)

1. The company may provide various individual services such as OCR service, recommendation service, chatbot service, etc., utilizing artificial intelligence technology through its website. You can check the details of each individual service on the website, and new services may be added or deleted at any time. The details of the individual services, including their content, pricing, individual terms and operating policies, will be posted on the website.
2. Individual services may be provided for a fee or free of charge.
3. The company may change or update services to provide better service. In cases where the company makes changes or updates to the service and it is necessary for the member to know those changes or updates, the company will make an appropriate announcement before the changes or updates are made.

Article 9 (Use of Services)

1. All members can use the services. However, paid services may require payment, and applicants must provide real name and accurate information. If an applicant uses a false name or provides false information, they cannot enjoy or claim the rights specified in the agreement, and the company may terminate the service contract even if it has already been concluded.
2. Members who use paid services must pre-register payment information and pay the usage fee according to the procedures set by the company.
3. Members can use the services only for their intended purpose. Members cannot transfer their usage rights or contractual status, pledge them as collateral, or grant licenses, among other disposal acts, without the prior written consent of the company.

Article 10 (Provision of free demonstration services)

1. To enhance the understanding of paid services, the company may provide members with a limited-time, complimentary demonstration service that allows them to directly experience the features of paid services.
2. During the use of the demonstration service, members may try out all or some of the features provided in the paid service.
3. Members must exercise utmost caution to ensure that there is no infringement on the company's intellectual property rights and trade secrets while using the demonstration service. To clarify, actions such as capturing screens of the service without permission and providing them to others, allowing unauthorized third parties without the company's approval to use the service, or showing the service screen to employees of the company's competitors also constitute an infringement of the company's intellectual property rights and trade secrets.
4. Since the demonstration service is a free service, the company does not provide any express or implied warranties regarding the demonstration service. Additionally, the company may change the content of the demonstration service or discontinue its provision at any time. The company does not bear any responsibility for issues arising from changes or discontinuation of the demonstration service.

Article 11 (Suspension of Service by the Company)

1. The company may suspend a member's use of the service without prior notice in any of the following cases:
   1. If a member's negligence in managing their system causes harm to themselves or other members.
   2. If the company suspends service for other members to prevent the spread of an incident that occurred on a member's system.
   3. If a member uses the service beyond the scope defined in these Terms and Conditions.
   4. If harm is caused to a member or third party due to incorrect or illegal information inputted by a member into the system.
   5. If a member experiences problems due to equipment, software, applications, or operating systems installed on their own system.
2. In the event of suspension of a member's service use due to the reasons stated in Paragraph 1, the company will notify the member of the reason for the suspension, the duration of the suspension, and the formal channels for objections. The company will restore a member's service use promptly if the reasons stated in Paragraph 1 are eliminated or no longer valid.
3. In cases where all or part of the service is suspended due to the reasons stated in Paragraph 1, the company may charge the member for the fees of the paid services that were used during that period and is not liable for any consequences resulting from this.

Article 12 (Suspension/Change/Termination of Service)

1. The Company shall endeavor to provide continuous and reliable service to Members 24 hours a day, 365 days a year. However, the Company may suspend the provision of the Service in any of the following cases:
   1. When there is an unavoidable reason, such as regular/temporary inspection for maintenance/upgrade of the Service facilities, diagnosis of the Service, etc.
   2. When there is a power outage, failure of general facilities, or other reasons that make it difficult to provide normal services due to the flood of use
   3. When the company cannot maintain the service due to termination of contract with a related party, government orders/regulations, or other reasons of the company
   4. When there is a failure in the cloud service or communication service provided by a service provider other than the company
   5. When the service is suspended due to a nationwide network failure or equivalent force majeure, the service is interrupted
   6. When there is a service failure due to illegal infringement from outside even if the company has taken protective measures under related laws and regulations
   7. When there are other unpredictable or uncontrollable reasons, such as natural disasters, national emergencies, or other force majeure circumstances that are impossible for the company to predict or control In case some or all of the Service is suspended pursuant to paragraph 1, the Company shall give prior notice or notification to the Member in advance with reasonable and sufficient time. However, when prior notice or notification is impossible due to reasons beyond the Company's knowledge or control (such as disk or server failure, system failure, etc. without the Company's willful misconduct or negligence), the Company shall give notice after the fact.
   8. The Company may, at its sole discretion and based on operational, management, or technological needs, discontinue or terminate all or part of the Service. In this case, the Company shall give prior notice or notification to the Member with sufficient time to prevent any damage to the Member.

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Article 13 (Information Provision)\

The Company may display various information, including notifications regarding the use of the Service, administrative messages, and other advertisements within the Service screen or send them to the Member's email or mobile phone messages for the purpose of providing better services. In the case of sending advertising information, the Company will only do so when the Member has given prior consent to receive advertising.\

Article 14 (Limited Warranty)

1. Unless the Company is at fault or grossly negligent, the Member shall bear all consequences and risks arising from the use of the Service.
2. The Service is provided on a "as-is" and "valid" basis to the Member at the time of entering into this Agreement, and the Company excludes any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, accuracy, quality, durability, completeness, reliability, suitability for a specific purpose, intellectual property rights or non-infringement of intellectual property rights, or the warranties of performance of the Services or any information or content therein, to the maximum extent allowed by applicable law.
3. The Company shall not be liable for issues that arise due to changes in the Member's computer hardware and computer operating system after the start of the Service. Also, unless the Company is at fault or grossly negligent, the Company shall not be held responsible for any damages caused by new viruses or harmful programs discovered after the start of the Service.
4. For third-party services or functions provided by the Company to the Member in connection with the Service, the Company does not guarantee that such services or functions will be suitable for the specific purposes of the Member, and the Company shall not be held liable for any consequences arising from the use of third-party linked functions for such specific purposes, unless the Company is at fault or grossly negligent.

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Chapter 4 Pricing and Administration

Article 15 (Conclusion of Paid Service Use Contracts)

1. A member may open a paid service by registering payment information, after reviewing and understanding the content of the paid service, payment methods, etc. through the homepage.
2. Unless otherwise notified by the company, a paid service is calculated on a monthly basis from the 1st to the last day of each month, and the fee is charged on the designated date. In some cases, the company may offer a subscription-based service, in which case the member must select the type of subscription plan for the paid service (hereinafter referred to as "Plan"), and have the payment method designated by the company to subscribe to the service.
3. The types of paid services available to members, prices, payment methods, currency, base exchange rates, and pricing policies are posted on the company's homepage.
4. The company may offer a free trial period for a certain period of time to members who purchase a paid service. The provision of the free trial period and its duration may change from time to time, and the details will be notified prior to purchasing a paid service.
5. The term of use of a paid service begins on the day following the expiration of the free trial period, if any, or on the date specified by the member when purchasing the paid service, respectively.
6. The company may issue credits to customers that can be redeemed for services. The detailed terms and conditions for the use of credits, such as the conditions for use and other operating policies, shall be governed by those posted on the service website.

Article 16 (Paid Service Payment)

1. Members shall pay for the usage fees charged on a monthly post-paid basis, and if they do not pay the usage fee within the payment period, the company will issue a notice of unpaid usage fee. The unpaid usage fee will be recharged with an additional fee of 1.5% of the unpaid amount per month. If the member does not pay the usage fee by the end of the following month, the company may terminate the service according to the procedures and methods specified in the agreement and published on the homepage.
2. The member must use automatic payment for payment of usage fees and must register credit card information required for automatic payment.
3. The member shall ensure that the information entered for payment of usage fees is correct and shall bear all liability and disadvantages arising from any inaccuracies in such information.
4. The member shall pay the usage fee including taxes in accordance with the tax laws of the country where the company is located.
5. For members using the service through events or promotions, separate payment policies may apply.
6. The member may only use this service within the scope expressly permitted under these terms and conditions or agreements, and if unauthorized reproduction, permission to use others, or use outside the scope of the subscribed plan occurs, the company may charge a penalty of 10 times the amount of the service usage fees that should have been normally paid from the date such action was initiated.

Article 17 (Notification of Changes to Payment Information)

1. Members shall keep their contact information and payment information, including billing information, up to date at all times, and promptly inform the company of any changes to such information. The company shall not be held liable for any service interruptions, suspensions, or terminations resulting from Members' failure to update their payment information. Any consequences and liabilities arising from late notification of changes to payment information shall be solely borne by the Member.

Article 18 (Cancellation and Refunds)

1. The company bills its services on a post-pay basis according to the amount of usage by the Member. Notwithstanding any other provision of the Agreement to the contrary, if a Member has pre-paid for services on a pre-pay basis, he/she may request cancellation and a refund of such prepayment within seven (7) days from the execution of the contract or the payment date, without incurring any charges, provided that no usage of such paid services has been initiated. In such case, the company shall refund the full amount prepaid by the Member. Prior to the execution of a paid service contract, the company shall inform the Member of the terms and conditions for cancellation, as well as the circumstances under which cancellation is not possible. The company shall also give the Member an opportunity to try out its services before purchase, such as by providing a free trial period or offering sufficient information to enable the Member to make an informed decision.
2. The usage fees calculated under Paragraph 1 shall be billed and charged to the payment method registered by the Member on the first day of the following month. However, if the Member has any objections to the fees charged, he/she may raise such objections officially with the company via email or through the customer support center (opens in a new tab) within one month of the billing statement. During this process, the Member must provide the usage information, payment details, and reasons for the refund request.
3. The company shall review and inform the member of the results within 7 business days from receipt of the formal objection document in paragraph 2. If the result related to the aforementioned objection cannot be notified to the member within the specified period, the member shall be notified of the reasons for the delay.
4. If the company determines that the request is valid after reviewing it, it will process the refund within 3-5 business days. The refund will be made in the original payment method and payment currency. The member may offset the overpaid amount against the following month's usage fee at their discretion.
5. The company reserves the right to update its refund policy at any time. Any changes will be notified by posting the new policy on the homepage.
6. Matters not specified in these terms and conditions shall be governed by the Act on Protection of Consumers in Electronic Commerce.

Chapter 5 General Provisions

Article 19 (Management of Personal Information)

1. The company shall take necessary technical and managerial protective measures to ensure that the member's information is not lost, stolen, leaked, or tampered with, in accordance with its Privacy Policy. Upon termination of this Agreement or contract, the company shall promptly destroy the member's information except in cases where retention is required by other laws or where separate consent has been obtained from the member.
2. The company may retain the member's information only to the extent and purpose necessary for the implementation of this Agreement, except with the member's consent or in cases where there are exceptions prescribed by law. The company shall not use the member's information for purposes other than those specified or disclose it to third parties. However, the company may entrust the handling of member's information to a third party, in which case the contents and recipients of the entrusted work shall be disclosed to the member in accordance with its Privacy Policy.

Article 20 (Member-inputted Data)

1. Members shall not enter data that violates the rights of others, including personal information, portrait rights, intellectual property rights, rights, honor, personality, or business secrets, or includes contents that violate laws and regulations, such as the Information and Communication Network Act and the Copyright Act, without the consent or approval of the rightful holder, disposer, or subject of such rights. Members' entry of data shall be deemed to guarantee that they have all necessary legal authority to enter such data into the Service, and that the contents of such member-inputted data are legal. If a Member enters data in violation of this Article, the Company shall not be liable for any disputes arising therefrom.
2. If a Member enters data that includes personal information of another person, the Member shall be responsible for taking all necessary measures required under the Personal Information Protection Act for the purpose of entering personal information, and shall notify the Company of such actions, if any, so that the Company may take such measures.
3. Unless otherwise agreed with the Member, the Company may use the data entered by the Member during the use of the Service, and all results generated or derived from the Service, within the scope necessary for the provision and improvement of the Service and the research and development of new services. If a Member enters data into the Service, it is deemed to acknowledge and agree that such use by the Company is necessary due to the nature of the AI service.
4. If the Company receives a report or discovers that a right has been infringed by the data entered by a Member, the Company may take measures such as deletion or blocking access to the relevant posting, in accordance with the procedures for reporting infringement of rights established by the Company within the scope prescribed by applicable law.

Article 21 (Rights to Services and Their Outputs)

1. The ownership and copyrights of all intellectual property rights for the Services and their outputs generated through the Services belong solely to the Company. The Member may use the Services and their outputs only within the scope of the purpose of using the Services, limited and restricted by this Agreement.
2. The Member shall not reproduce, transmit, or otherwise use the outputs obtained through the Services by the Company for any purpose other than using the Services without the prior consent of the Company by any means, including compilation, publication, performance, distribution, broadcasting, or creation of a secondary work.
3. The Member shall not acquire any rights other than the limited right to use the Services provided by the Company, and therefore, the Member may not copy, modify, or otherwise infringe any intellectual property rights of the Services and their outputs in any way.
4. If the Member has violated the intellectual property rights of the Company, the Company may take legal action against the Member, including but not limited to civil and criminal actions.

Article 22 (Company’s Liability)

1. Except as set forth in these Terms, the Company shall not be liable for any of the damages specified in each of the following items to the extent permitted by applicable laws:
   1. Damages resulting from a force majeure or an equivalent unprecedented state
   2. Damages resulting from member’s fault causing an obstacle in use of the Service
   3. Damages caused by a third party illegally accessing or using the Company’s server
   4. Damages caused by interfering with transmission to or from the Company’s server by a third party
   5. Damages caused by transmitting or distributing malicious programs by a third party
   6. Damages resulting from omission, neglect, or destruction of transmitted data
   7. Damages arising from defamation, etc. during the process of using the Service by a third party
   8. Damages caused by any other reason without the Company’s willful misconduct or gross negligence
2. The Company shall not be liable for any indirect damage, special damage, consequential damage, and punitive damage arising in connection with or from the use of the Service by a member to the extent permitted by applicable laws.
3. The Company's services are granted authorization to use according to the account information, so it does not assume responsibility for accidents and losses due to poor management, and all management and responsibility for account information belong to the members.
4. The Company shall not be involved in any dispute arising between members or third parties in connection with or from the Service.
5. Except as otherwise provided in these Terms, the maximum amount of the Company’s liability to a member for all damages, losses, and causes of action, regardless of the name or legal theory, whether based on contract, tort (including negligence), or otherwise, is limited to the aggregate amount of service fees paid by the member to the Company during the six-month period preceding the event giving rise to such cause of action.

Article 23 (Member's Liability)

1. In the event that any dispute arises from causes attributable to the Member, the Member shall exempt, defend, and ensure that the Company and its related parties do not suffer damages, and shall be liable for damages incurred by the Company and its related parties.
   1. When a Member violates this Agreement, the terms of individual services, or applicable laws;
   2. When the Company takes action based on a suspicion of violation of this Agreement, the terms of individual services, or applicable laws, or when it is determined that a violation has occurred;
2. When a Member is liable to pay damages to the Company, the scope of damages includes, but is not limited to, the Company's legal fees, expenses, and other damages.

Article 24 (Sanctions, etc.)

1. If a Member violates the obligations of this Agreement or interferes with the normal operation of the Service, the Company may restrict the use of the Service in stages, such as warning, temporary suspension, or permanent use restriction.
2. If the Member does not use the Service for more than one year, the Company may restrict usage for the protection of member information and for the efficiency of its operations.
3. The Company will notify the Member in advance or after restricting the use of the Service under this Article.
4. The Member may appeal to the Company for restrictions on the use of the Service under this Article, and if the Company determines that the appeal is legitimate, the Company will resume the use of the Service immediately.
5. The Company shall not be liable for damages incurred by the Member or third parties caused by restrictions on the use of the Service under this Article if such restrictions are based on justifiable reasons.

Article 25 (Language)

In all means of communication exchanged between the Company and a Member under these Terms and Conditions, Korean shall be used. In this case, the Company may provide an English translation along with the Korean language for the convenience of Members. Notwithstanding the foregoing, if the Company provides an English translation of these Terms and Conditions or provides a means of publication or notice in English, any inconsistency between the Korean version and the English translation shall be governed by the Korean version. Nevertheless, a Member may choose Korean or English as the means of communication with the Company.

Article 26 (Dispute Resolution)

1. These Terms and Conditions shall be governed by the laws of the Republic of Korea.
2. If a dispute arises between the Company and a Member in relation to the use of the Services, the Company shall make a sincere effort to resolve the dispute. Notwithstanding the foregoing, if a dispute cannot be resolved, a suit may be filed with the court of competent jurisdiction under the Civil Execution Act.

Epilogue

These Terms and Conditions shall take effect from December 20, 2023.

Disclaimer: Governing Law

Please note that this Privacy Policy has been formulated in accordance with the laws and regulations of the Republic of Korea. While it is applicable to our global operations, the policy is primarily governed by South Korean legal standards and practices. Users outside of South Korea should be aware that the policy might reference legal concepts and frameworks specific to South Korea, which may differ from local laws.