Terms of Use

Updated: 07.24.2020

**Article 1 (Purpose)**

The purpose of these Terms of Services (hereinafter, the “Terms”) is to set forth the rights, obligations and responsibilities as well as other necessary matters for AIMMO Co., Ltd. (hereinafter, the “Company”) and service users (hereinafter, the “Customers”) in connection with the use of AIMMO Enterprise Services (hereinafter, the “Services”) provided by the Company.

**Article 2 (Definitions)**

1. The definitions used in these Terms are as follows:
    - “Customer” or “Customers” means an individual(s) or entity who enters into a usage contract with the Company by accessing the Services of the Company and to whom the right to use the Services provided by the Company is granted.
    - “Services” means the offering of services that make various functions available to the Customer to convert the Customer’s own raw data into annotated data through the machine learning annotated data platform operated by the Company.
    - “ID” means an email address selected by the Customer and approved by the Company for the use of the Services and identification of the Customer.
    - “Password” means a combination of the characters, numbers or special characters that are secretly selected and managed by the Customer to protect the information and interests of the Customer and to confirm that the Customer is the one that matches with the ID selected by the Customer
    - “Annotated Data” means the data processed in the form to train computers in the course of developing artificial intelligence or machine learning.
    - “Data Annotation” means the process of feeding information recognizable by computers like adding annotations, to various forms of data, including images, videos, voices and texts, to create Annotated Data.
    - “Organization” means a task group that is set up to permit multiple Customers to participate in the processing work of Annotated Data and is an organization inside the Services to which the functions of invite and task allocation, etc. are granted.
    - “Project” means a task unit to complete Annotated Data.
    - “Affiliated Services” means external sites or services that offer the function of log-in synchronization or the data transmission and receipt through separate agreement with the Company.
2. Unless defined in each item of Paragraph 1 above, the definitions of the terms used herein will be governed by applicable laws and regulations as well as the ordinary business practices.

**Article 3 (Clear Statement and Amendment of the Terms)**

1. The Company will post the Terms on the initial page of the Services so that the Customer may recognize them.
2. The Company will take measures to allow the Customer to raise questions and receive answers with respect to the Company and these Terms.
3. The Company may amend these Terms to the extent such amendment does not violate applicable laws and regulations, including the Act on Regulation of Adhesion Contracts and the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter, the “Information and Communications Network Act”).
4. If the Company amends these Terms, it will notify through email or on the initial page of the Services clearly stating the effective date, the contents of amendment, reasons for amendment, etc. at least 10 days from the effective date (30 days prior in case the amendment is disadvantageous to the Customer or is material) until a reasonable period lapses after the passage of the effective date; provided, however, that if the Company amends these Terms urgently because of such reasons as the changes in the laws, the Company will immediately post it on the initial page of the Services and notify the Customer by email.
5. If the Company amends these Terms, the Company will confirm whether the Customer consented with respect to the application of the amended Terms after giving public notice of the amended Terms; provided, however, that if the Company, when giving public notice of the amended Terms, also gave notice that the Customer’s silence in expressing either consent or refusal would be deemed consent, and the Customer does not express its intent to refuse until the effective date of the amended Terms, the Customer may be deemed to have consented to the amended Terms.
6. If the Customer refuses to consent to the application of the amended Terms, the Company may not apply the amended Terms, and in such event, either the Customer or the Company may terminate the usage contract. In such case, the Company will notify the reasons for termination and termination date to the Customer by letter, email or any means equivalent thereto.

**Article 4 (Rales Other Than These Terms)**

Any matter not stipulated herein and the interpretation of these Terms will be governed by applicable laws and regulations, including the Act of Regulation of Adhesion Contracts and the Information and Communications Network Act.

**Article 5 (Application for Use and Methods)**

1. Anyone who desires to use the Services provided by the Company (hereinafter, the “Subscriber”) has to apply by filling out an application form available on the initial page of the Services and must consent to these Terms.
2. When making the application, the Subscriber must provide various information as requested by the Company.
3. The Company may request the Subscriber to confirm the real name and self-authentication, and the procedures and methods thereof will be governed by applicable laws and regulations.
4. When making the application under Paragraph 1 above, the Subscriber must state the real name and actual information of the Subscriber. If the Customer falsifies the real name or the identification information or illegally uses other’s name, the Customer may not claim the rights of the Customer under these Terms and the Company may void or terminate the contract.
5. If the Subscriber is a minor within the meaning of the Civil Code, he/she may not use the Services even if consented by the legal representative (guardian), and the Company may refuse the application for Services by the minor. If the Customer uses the Services, the Customer is deemed to have confirmed to the Company that the Customer is not a minor.

**Article 6 (Consent and Limitations on Usage)**

1. If the Subscriber applies for the usage accurately stating information requested by the Company, the Company will consent to such application absent appropriate cause not to.
2. If any one of the followings applies with respect to an application for usage, the Company may refuse to consent thereto or subsequently terminate the usage contract:
    - If an application is made in violation of Article 5 hereof.
    - If the Subscriber intends to use the Services for improper usage, including a violation of the laws or an illegal act.
    - If the Subscriber became ineligible as the Customer in the past and has failed to obtain consent to re-admission from the Company.
    - If a minor within the meaning of the Civil Code actually intends to use the Services, regardless of whether the name of the Subscriber is a minor.
    - If the Subscriber who is in competition with the Services submits an application with the intent to damage the Company’s interests.
    - If it is impossible to provide consent due to reasons attributable to the Subscriber, or an application is made violating other various stipulations.
    - If an application is made with the purpose of commissioning an illegal act that is prohibited under the Information and Communications Network Act or other applicable laws and regulations.
3. If any one of the following applies, the Company may suspend providing the consent until the cause therefor is extinguished:
    - If there is no room for the facilities of the Company or if there are technical difficulties.
    - If technical difficulties exist with respect to the Services.
    - If it is difficult to consent to the application because of other reasons equivalent to the causes stated above.
4. The usage contract is formed at the time indicated on the application process as completion of the subscription by the Company.
5. The Company may provide different usages by subdividing the use hours, frequency and service menus by classifying the Customer according to the Company policy.

**Article 7 (Provisioning and Changing of Customer Information)**

1. The Customer may always access and change his/her personal information through the personal information management screen.
2. If the information that was initially provided at the time of subscription is changed, the Customer must promptly notify the Company thereof by updating the information online, by email or other means.
3. The Company will not be liable for any disadvantages or damages suffered by the Customer from not informing the Company of the changes under Paragraph 2 above or by failing to follow the Company’s instructions even if the Customer so informed the Company.
4. No Customer may arbitrarily transfer, assign, offer as collateral or otherwise dispose of the rights and obligations under the Services contract or other rights available under these Terms to any third party. If, due to the occurrence of an inheritance, merger or split to the Customer, the legal standing of the Customer under the Services contract entered into with the Company is being succeeded to by a third party other than the Customer, the Customer and such third party must immediately notify the Company in a manner and procedure as prescribed by the Company together with documents supporting the succession of the standing, and must follow the Company’s instructions.

**Article 8 (Protection and Management of Personal Information)**

1. The responsibility for managing his/her ID and the Password lies with the Customer, and the Customer must not let any third party to use them.
2. If the ID is susceptible to being mistaken as the Company or the Company operator, the Company may restrict the use of such ID.
3. The protection and handling of the Customer personal information will be governed by the applicable laws and regulations and the Company privacy policy.
4. Any and all liabilities suffered as a result of violating the obligations under this Article fall squarely with the Customer. The Company will not be liable for any disadvantages or damages inflicted due to the failure by the Customer to follow the Company rules or guidelines or due to a breach by the Customer of the obligations under this Article.

**Article 9 (Notice to the Customer)**

1. When giving notice to the Customer, the Company may do so by email or electronic note, unless otherwise stipulated under these Terms.
2. When giving notice to all Customers, the Company may post it on the bulletin board of the Company for 7 days or longer in lieu of the notice under Paragraph 1 above.

**Article 10 (Obligations of the Company)**

1. The Company will not commit an act that is prohibited by applicable laws and regulations and these Terms or in violation of public policy, and will use best efforts in providing the Services continuously and in a stable manner.
2. The Company will have security system in place for protection of personal information (including credit information) so that the Customer may safely use the Services, and will publish and comply with privacy policies.
3. If an idea or complaint raised by the Customer in connection with the use of Services is deemed justified, the Company will process such idea or complaint. The Company will notify the Customer of the handling process and the result thereof by using the bulletin board or through email.

**Article 11	(Obligations of the Customer)**

1. The Customer may not engage in any of the following acts:
    - Registration of false information at the time of application or updating.
    - Illegal use of other’s information.
    - Change to the information posted by the Company.
    - Transmission or posting of information (including computer programs), etc. other than permitted by the Company
    - Infringement of intellectual property rights, including the copyrights of the Company and other third parties.
    - An act that injures the reputation, or interferes with business operation, of the Company or other third parties.
    - Publicly disclosing or posting on the Services obscene or violent messages, videos, voices or other information against public policy.
    - An act that abuses bugs in the Company programs.
    - Copying, modification, change, processing, splitting, reverse engineering, etc. of the postings or other information in connection with the Services provided by the Company.
    - Other illegal or unfair act.
2. The Customer will comply with applicable laws and regulations, these Terms, access guide and important matters published in connection with the Services and the matters notified by the Company, and may not otherwise engage in any act that interferes with the conduct of business by the Company.

**Article 12 (Providing the Services, etc.)**

1. The Company will provide the following Services to the Customer:
    - Formation of an Organization to manage Project participants.
    - Provisioning of user tools for various Data Annotation tasks.
    - Uploading of pre-processed raw data and downloading of completed Annotated Data.
    - Workload statistics of the Customers who participated in the processing task of Annotated Data.
    - Any and all other Services provided to the Customer that are additionally developed by the Company or through affiliation contracts with other companies.
2. The Company is limited to only providing Services to make the Annotated Data, and it is not involved in the settlement and payment of remuneration/consideration for performing the task of Customer who participated in the Data Annotation, including, without limitation, the illustrations below.
    - Becoming a member of the Organization through the process of inviting the Customer’s ID and accepting the invite by the invited Customer in accordance with prior consultation between the Customers.
    - Selection and execution of a task through the process of participation and acceptance in the Project between the Customers.
    - Separate agreement between applicable Customers with respect to the unit cost and volume of Data Annotation per type.
    - Settlement and payment of remuneration/consideration for performing the task between the Customers.
3. The Company may separately designate the available hours for each scope by splitting the Services into certain scopes; provided, however, that in such event, such contents will be publicly notified in advance.
4. The Company has the general policy of providing the Services 24/7.
5. The Company may temporarily suspend providing the Services in the event of repair and inspection, replacement and out of order, communications interruptions of communication equipment such as computers, or due to reasonable cause in connection with operation. In such event, the Company will notify the Customer in a manner as prescribed under Article 9 (Notice to Customers); provided, however, that the Company may notify ex post facto if an unavoidable cause exists for failure to give prior notice thereof.
6. The Company may conduct scheduled inspections if they are necessary for providing the Services, and the hours of scheduled inspections will follow the prior notice given on the Services page.

**Article 13 (Modifications of the Services)**

1. The Company may modify the Services, in whole or in part, in case of the operational or technical needs, if appropriate reason exists.
2. The Company will post on the Service website the details including the types, price and operational rules of each Service. The Customer will apply for the Service on the basis of the relevant information after becoming sufficiently acquainted with the details posted on the Services website.
3. If the contents, usage methods and available hours of the Services are modified, the reasons for modification, the contents of the Services to be modified and the starting date, etc. will be posted on the initial page of the applicable Services before they are modified.
4. The Company may revise, suspend or modify the Services, in whole or in part, that have been provided for free, if needed, on the grounds of the Company policy or operation, and no separate compensation will be made to the Customer unless otherwise prescribed by applicable laws and regulations with respect thereto.

**Article 14 (Provisioning of Information and Posting of Advertisements)**

1. The Company may provide to the Customer various information recognized as necessary while the Customer is using the Services through notice or email, etc.; provided, however, that the Customer may always decline to receive emails, except for the transactional information and responses to the questions raised by the Customer under applicable laws and regulations.
2. In case of transmitting the information under Paragraph 1 above by telephone or facsimile, it will be transmitted after the Customer gives consent; provided, however, that the foregoing will not apply to the transactional information and responses to the questions raised by the Customer.
3. The Company may post advertisements related to the operation of the Services on the Services screen, homepage and emails. The Customer who received emails with advertisements may refuse to receive emails from the Company.

**Article 15 (Copyright of the Annotated Data)**

1. The Customer warrants that the data he/she has uploaded to process as the Annotated Data does not infringe upon the copyrights of any third party, and if a claim of infringement of third party’s rights is raised, the Customer will immediately take measures. The Customer will indemnify and hold the Company harmless at his/her risk and cost and will compensate the Company for any damages, tangible or intangible, of whatever kind suffered as a result of the claim of infringement of third party’s rights.
2. If the data uploaded by the Customer contains substance that violates applicable laws and regulations including the Information and Communications Network Act and the Copyrights Act, the right holder may request for deletion of applicable data according to the procedures prescribed under applicable laws and regulations, and the Company will take measures in accordance with such applicable laws and regulations. Even if there is no request from the right holder, the Company may take temporary measures with respect to the relevant data according to applicable laws and regulations if there exists a cause sufficient to recognize an infringement or in case of other violation of the Company policy and applicable laws and regulations. In connection therewith, the Company will not compensate even if the Customer loses the data.
3. The Customer will have title to the final output that is completed as Annotated Data through implementation of his/her Project.
4. The right to each Data Annotation task executed by the Customer as a participant of the Project will vest in the Customer who was the main creator and operator of the Project, and the participation of the Project and acceptance of allocation of the Job means the transfer of rights regarding each task to the Customer who was the main creator and operator of the Project; provided, however, that if there is agreement to the contrary between the Customers, such agreement will govern.
5. The data uploaded by the Customer may be exposed to the search results or the Services and related promotions, and may be posted after being partially revised, copied or edited to the extent necessary for the applicable exposure. In such event, the Company will comply with the Copyrights Act, and the Customer may always take measures for deletion, exclusion from the search result, non-disclosure through the management functions of the Services or the customer services center.
6. The Company may use AI-assisted functions to process Annotated Data more efficiently, and the Annotated Data processed by the Customer for applicable purpose may be used for the learning and assessment of the Company’s AI learning models. The Company may use all sorts of statistical data generated in the midst of processing Annotated Data for the purpose of enhancement of the Services and task analytics, and may use statistical data under the condition that a specific Project not be identified through aggregation of multiple Projects.
7. If the Company desires to use Annotated Data of the Customer in a way other than Paragraphs 5 and 6 above, the Company will obtain prior consent of the Customer via telephone, facsimile or email, etc.

**Article 16 (Management of the Organization)**

1. The right to manage an Organization the Customer created/registered is generally vested in the Customer who holds the ID that first created/registered such Organization, and may grant to the other Customer the same or subordinated rights using the rights-grant function provided by the Services.
2. A Project is a subordinated concept that may be established after the Organization is created/registered, and if the right to manage the Organization is granted/transferred, the right to manage the Project within such Organization is also granted/transferred.
3. In case where the Customer operated the Organization at the cost and as member of a specific group such as a corporation or public institution, if a dispute arises between the Customer and the group due to the Customer leaving/transferring the group, such group will submit documents evidencing the reclaiming of the right to manage the Organization, and the Company may, after reviewing such documents, grant to the Customer designated by the group that requested the management right of the said Organization.

**Article 17 (Vesting of the Rights)**

1. All copyrights and other intellectual property rights with respect to the Services vest in the Company.
2. The Company grants only the license to use the Services to the Customers through the account and ID according to the terms of usage as determined by the Company in connection with the Services, and the Customer may not assign, sell, offer as collateral or otherwise dispose thereof.

**Article 18 (Service Fees)**

1. The Company will post on the Services website the fees for charged services and changes thereof.
2. Charged services are divided into a service plan in accordance with the volume of usage by the Customer, and a service plan per account depending on the number of IDs participated in the Project of the Customer. Absent special cause, even if the charges are changed during the term of the Services, such changed fees will not retroactively apply to the entire term of the Services.
3. Service fees are charged on a monthly basis from the 1 day of each month until the last day of the same month. If the Services commence in the middle of the month, the Service fees will be prorated from the date of commencement until the last day of the month in which the commencement falls.
4. The Company will invoice the Customer in the month following the month in which the fees accrue, and the Customer will pay the invoiced amount on or prior to the payment date as specified in advance by the Company.
5. If the Customer does not agree with the invoiced fees, the Customer may raise a formal objection to the Company via letter or email. The Company will review within 7 business days after receiving the formal objection document and will inform the Customer of the result thereof.
6. If the Customer overpaid or erroneously paid the fees, the Company may offset such overpaid or erroneously paid amount against the fees for the following month. If the Customer desires repayment of such overpaid or erroneously paid amount before the Company makes the relevant set off, the Company will return such amount to the Customer.
7. The Customer has the duty to pay the Service fees. However, if the Customer has separately designated a person responsible for paying the fees, both the Customer and such person responsible for paying the fees will be jointly and severally liable for the fees, and in such event, the Customer will submit a confirmation letter by the person responsible for paying the fees.

**Article 19 (Withdrawal of the Customer)**

1. Customer may always apply for termination of the usage contract through the call center on the initial page of the Services or the Manage My Information menu (hereinafter, “Withdrawal Application”), and the Company will promptly process such application as prescribed by applicable laws and regulations.
2. If the Customer makes the Withdrawal Application, all information of the Customer will extinguish immediately upon termination except where the Company holds the Customer information pursuant to applicable laws and regulations and the Company privacy policy.
3. If the Customer terminates the contract, the Organization and the Project to which the Customer holds the exclusive right of management as well as the uploaded data will be deleted in their entirety, and to the extent there are Customers holding the joint right of management, only the rights pertaining to the Customer who terminated the contract will extinguish.

**Article 20 (Restrictions on the Use of Services by the Customer)**

1. If the Customer breaches these Terms or interferes with the normal operation of the Services, the Company may restrict the use of Services in stages, including a warning, temporary suspension, permanent suspension of use.
2. Notwithstanding the preceding Paragraph, the Company may immediately suspend the use for good in cases of violation of applicable laws and regulations, including the identity theft and payment theft in violation of the Residents Registration Act, the provisioning of illegal programs and interference with operation in violation of the Copyrights Act and the Computer Program Protection Act, illegal communications and hackings, the distribution of malware, and excessive access in violation of the Information and Communications Network Act.
3. If the Customer has not continuously logged in for 1 year or more, the Company may restrict the use for the protection of the Customer information and operation efficiency.
4. The terms and conditions of the restrictions and details thereof within the boundary of the restrictions under this Article will be governed by the Company’s use restriction policy and operation policy of each Service.
5. If the use of Services is restricted or the contract is terminated pursuant to this Article, the Company will give notice according to Article 9 (Notice to the Customer).
6. The Customer may object according to the procedures set out by the Company with respect to the restrictions placed on the use under this Article. If the Company finds the objection justified, the Company will immediately resume the use of Services.

**Article 21 (Compensation for Damages)**

The Company or the Customer will each be liable for damages arising out of its breach of these Terms, respectively, and if the other party hereto or a third party suffers damages as a result thereof, will be liable for compensation for damages.

**Article 22 (Indemnification of the Company)**

1. If the Company cannot provide the Services due to a natural disaster or an event of force majeure equivalent thereto, the Company will be exempt from the duty to supply the Services.
2. The Company will not be liable for interferences with the Services usage due to causes attributable to the Customer.
3. The Company will not be responsible for the contents including information, materials, reliability, accuracy of the facts related to the Services and posted by the Customer.
4. The Company will be exempt from liability arising out of the rights and obligations between the Customers who are using the Services, including the formation of the Organization, and transactions between the Customer and a third party using the Services as a medium.
5. The Company will not be liable with respect to the usage of Services offered free of charge, unless applicable laws and regulations state otherwise.

**Article 23 (Governing Law and Jurisdiction)**

1. Any litigation instituted between the Company and the Customer will be governed by the laws of the Republic of Korea.
2. Any litigation instituted between the Company and the Customer will be submitted to the exclusive jurisdiction of the district court having jurisdiction over the address of the Company.
3. If the Customer has the address or is domiciled abroad, litigation instituted between the Company and the Customer will be submitted to the Seoul Central District Court as the competent court of jurisdiction, notwithstanding the preceding Paragraph.

**CONTACT US**

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

AIMMO CO., LTD.
Elentec Building 9F, Pangyoro 228 17, Bundang-gu, Seongnam-si, Gyeonggi Province, South Korea
Phone:(031)706-3533
help[@aimmo.](mailto:contact@aimmo.co.kr)ai