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 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 by Upstage, 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.
8. “Credit” is an electronic payment method for purchasing the “Service,” divided into “Paid Credits” and “Free Credits” provided through promotions or events.
9. "API" refers to the Application Programming Interface, which is an interface used by members in their applications to utilize services provided by the company.
10. "Applications, etc." refers to the member's applications, programs, or websites where the service is to be applied.
11. Definitions of terms not explicitly defined in this section shall conform to applicable laws and established commercial practices.

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:
   • If there is a history of account deletion by the Company.
   • Failure to enter necessary information or entering false information during account creation.
   • If the applicant is a minor under the age of 14.
   • If there is a risk of personal information leakage.
   • If the service is applied for or used for purposes prohibited by law or contrary to public order and morals.
   • Other reasons equivalent to the above, violating these Terms or other relevant laws, or contrary to the Company's operational policies.
4. Members who have lost their membership status under Article 3 may present their case within a maximum of 30 days from the date they receive notification of the cause from the company. The company will review the member's explanation and, if deemed valid, will allow the member to continue using the Upstage service normally.
5. The timing of membership withdrawal under Article 2 or loss of membership status under Article 3 is as follows:
   1. The withdrawal is completed when the company notifies the completion of the membership withdrawal process. However, the company will store the existing credit information for a grace period of 30 days without deletion. If the member re-applies for membership within the grace period through a separate procedure and the company approves, all credits will be reinstated for reuse. If there is no reapplication and the grace period expires, all credits will be immediately extinguished.
   2. The loss of membership status becomes official on the date of notification.
6. In cases of membership withdrawal under Article 2 or loss of membership status under Article 3, member information will be handled as follows:
   1. Information of withdrawn members will be deleted after a certain period in accordance with the privacy policy.
   2. Information of members who have lost their membership status will be retained for 2 years after the confirmation of loss of membership status to prevent misuse of the service and further harm to other members. During this period, rejoining and use of the Upstage service may be prohibited.

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. Members are prohibited from directly or indirectly using the service outputs for the purpose of training, enhancing, or developing competitive models, either on their own or through third parties.
   15. 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: 16. Service connection failure. 17. Leakage of or concerns regarding the leakage of a member's personal information, electronic medical records, or other information registered in the service.
4. The Company may monitor service outputs and external transmission records to ensure lawful and proper use, and may take actions such as deleting outputs or suspending service if monitoring reveals any illegal or inappropriate activities or content as described above.

Chapter 3 Services

Article 8 (Content of Services)

1. The Company offers a variety of individual services through its website, leveraging artificial intelligence technology. These services include, but are not limited to, OCR (Optical Character Recognition), recommendation engines, and chatbot services. Details of each service, including content, pricing, specific terms, and operational policies, are available on the website. The Company reserves the right to modify, add, or discontinue any services at any time without notice, in accordance with our terms of service and applicable law. \Service Categories:
   • API Service: Refers to the services provided via API that are based on artificial intelligence technology, including (1) Document AI (Optical Character Recognition, Key Information Extraction, Document Parse, etc.) and (2) Large Language Model (Solar).
   • Playground: Refers to the service provided by the company where various AI-based text, image extraction, and generative AI services can be experienced.
2. Individual services may be offered either for free or for a fee, and a system for registering and managing API keys, along with guidelines, will be provided.
3. The company provides a system for checking API usage and billing details.
4. The company may change or update the service to provide a better experience. Additionally, the company may offer services in connection with AI services developed, managed, and operated by third parties. In such cases, any usage relationship between the member and the third party, facilitated through the company’s service, shall be governed by the third party’s policies, and the company shall not be involved. If the company makes changes or updates to the service that members need to be aware of, it will provide appropriate notice before implementing such changes or updates.

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. The company may provide members with a demo service that allows for a direct experience of the functionalities of the paid service for a limited period, which may change from time to time according to the company's policy. Additionally, for service research, development, and improvement, the company may offer members the opportunity to participate in beta testing for a period set at its discretion.
2. Members may access and utilize all or part of the functionalities provided by the paid services during the use of demo services.
3. While using the demo services, members must take special care not to infringe upon the company's intellectual property rights and trade secrets. Specifically, actions such as using the demo services, in whole or in part, directly or through a third party, for the development or research of AI-based technology and services, unauthorized capturing and sharing of service screens, allowing unauthorized third parties or those without the company's approval to use the service, or showing service screens to employees of competitor companies, also constitute an infringement of the company's intellectual property and trade secrets.
4. Since the demo services are provided for free, the company makes no explicit or implied warranties regarding these services. The company also reserves the right to modify or discontinue the provision of demo services at any time, and will not be liable for any issues arising from such changes or discontinuation.

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.

Section 12.2 (Special Provisions Regarding Changes or Termination of API Services)

1. The Company reserves the right, within the necessary bounds of service maintenance, to modify or change the features and scope of the API service for legitimate reasons, including but not limited to (i) ensuring compliance with the law, (ii) adapting to technological advancements or operational changes, (iii) responding to market dynamics such as member growth, or (iv) improving member experience or security. Such modifications will be implemented at no additional cost to the member, except for major version upgrades, which may be subject to additional fees. The Company will provide prior notice of any changes unless exceptional circumstances necessitate post-modification notification.
2. Upon modification of the API as detailed in subsection (1), the Company will maintain the functionality of the existing API for a period of 30 days.
3. The Company may release new versions of the API with additional or modified features, reflecting ongoing development. Members are encouraged to review the updated API terms and conditions available on the website and may use their registered payment information in the Upstage Console to purchase these additional services.
4. The Company may phase out an API version if it deems, acting in good faith and with consideration of both parties' interests, that the version is obsolete. The Company will notify members of the deprecation via email or on the website at least 30 days before it takes effect.
5. If the Company discontinues a service as per subsection (4) or if a contract is terminated for any reason, including member withdrawal, the Company will delete any “member input data" and “output" stored in the service, except where there is a legal obligation to retain it.
6. Notwithstanding the provisions of this article, the demo and beta versions of the API service may be changed or discontinued at any time due to the company's circumstances, without prior notice or separate action, in accordance with Article 10 of these Terms and Conditions.

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.
5. The services provided by the Company are generative AI services, and as such, may display third-party advertisements or services through banners or links. These are provided for reference only and are not endorsed or controlled by the Company. If you choose to interact with these third-party advertisements or services, please be aware that the Company does not guarantee their reliability, stability, legality, or any other aspect. Furthermore, the Company expressly disclaims any liability for damages that may arise from your interactions with these third-party entities.
6. The outputs from the services provided by the Company are influenced by your usage environment, misuse, or abuse, among other factors, and thus, the Company does not guarantee the completeness, accuracy, appropriateness, validity, or reliability of these outputs. The results generated during the use of our services are produced by AI at random, and the Company expressly disclaims all implied warranties regarding the legality, suitability, or expected outcomes of these results. Additionally, the Company disclaims any liability for legal, ethical, social, or political effects that may arise from the use of outputs generated during the course of using our services.

Chapter 4 Credits

Article 15 (Purchase and Use of Credits)

1. Members may receive credits free of charge according to the Company’s promotional policies or purchase credits for a fee by paying a predetermined amount through the procedures designated by the Company. However, the Company may restrict the purchase of credits in the following cases:
   1. If there are unpaid fees or other outstanding dues.
   2. If the Member violates their obligations under Article 7.
   3. If technical, institutional, or security issues prevent credit purchases.
2. No interest will accrue on purchased credits, and credits with the earliest expiration date will be deducted first. If multiple credits have the same expiration date, credits that were charged first will be used first.
3. The validity period of purchased credits is five (5) years from the date of charge (payment date), and unused credits will expire on the expiration date. However, credits provided free of charge due to promotional policies or events are subject to a separate validity period.
4. Credits purchased or provided free of charge may only be used by the Member and cannot be transferred, loaned, sold, or pledged to a third party as collateral.
5. Upon the expiration of credits, the Company will provide Members with details regarding the number and timing of credits set to expire and allow Members to check expiring credits through the website.

Article 16 (Refund Policy)

1. Credits purchased or charged may be refunded within seven (7) days of the payment date, provided they remain unused, in accordance with the withdrawal of subscription policy in Article 20. However, credits that have already been used or were provided free of charge are non-refundable.
2. After the withdrawal period specified in Paragraph 1 has passed and before the expiration date, if a Member requests a refund for a remaining balance equivalent to 40% or less of the actual amount paid after their most recent charge, the refund will be processed according to certain procedures.
3. Members who wish to withdraw their membership under Article 3 must use any accumulated credits in accordance with these Terms before the membership withdrawal request date. Unused paid credits as of the withdrawal date may be refunded under Paragraph 2.

Chapter 5 Pricing and Administration

Article 17 (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 18 (Paid Service Payment)

1. Members are required to pay the usage fees billed on a monthly post-paid basis. If a member fails to pay the billed usage fees within the designated payment period, the Company will issue a notice regarding the overdue payment and may immediately suspend services. An additional charge of 1.5% per month will be applied to the overdue amount. If the member fails to settle the outstanding fees by the end of the following month, the Company reserves the right to terminate the service in accordance with the procedures and methods outlined in the terms and conditions and as published on our website.
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 19 (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 20 (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 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 6 General Provisions

Article 21 (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 22 (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. The Company acknowledges that members retain ownership of any data they input during the use of the services and all results generated or derived therefrom.
4. The company does not store input/output data to APIs and does not use it for service R&D and artificial intelligence model training.
5. For asynchronous APIs, the input data will be stored until inference is completed (up to 3 days) and the output data will be stored for 30 days after inference for feature offering, but will not be used for R&D or artificial intelligence model training.
6. Input/output data in Upstage Console(Playground, Demo services) may be stored and used for service improvements, AI technology R&D, and compliance with related laws and regulations.
7. If the company provides an API through a third-party AI service, the processing of member input data shall be governed by the third party’s policies. In accordance with Section 4, the company does not store the data or use it for service research and development or AI model training.
8. If the company needs to change or add individual services and requires a different data policy from this article, it may apply the relevant policy after appropriate notification or obtaining separate consent in accordance with paragraph 4 of Article 8.
9. 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 23 (Rights to Services and Their Outputs)

1. Upon acceptance of these Terms, the Company grants the member a non-transferable, non-sublicensable, non-exclusive license to use the services. Members may use the services and their outputs solely within the scope permitted by these Terms for the intended purposes of the services. This license does not permit resale, distribution, publicly performing, or publicly displaying the services or any outputs.
2. Members acquire no ownership rights beyond the limited license to use the services. All intellectual property rights in and to the services, including any information, data, and content provided through the services, are owned by the Company or the respective rights holders. Members are prohibited from copying, modifying, reverse engineering, or otherwise infringing upon these intellectual property rights. Should a member infringe on the Company’s intellectual property rights, the Company reserves the right to take civil and criminal legal action, which may include seeking damages and injunctive relief.

Article 24 (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 25 (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 26 (Restriction of Service Use)

1. The company may temporarily restrict the use of the service by a member if it is confirmed that the member has not paid the legitimate charges for the service, or is engaging in abusing behaviors related to the service.
   1. In cases where the service usage fee is not paid.
   2. If a member's 'application, etc.' engages in the following behaviors:
      1. Accessing the service system without legitimate access rights or exceeding permitted access rights.
      2. Damaging, destroying, altering, forging the service system or data, or disrupting system operations.
      3. Sending a large volume of signals or data to the service system or causing it to process unauthorized commands.
   3. If a member's 'application, etc.' is suspected to have been hacked, or is reasonably suspected of being infected with a virus or malicious code.
   4. If it is confirmed that a member's 'application, etc.' has not received appropriate security updates and is deemed a risk to the operation of the company's service.
   5. If the service is used for purposes detrimental to national interests or public welfare.
   6. If the service is used for criminal activities or acts that are contrary to morals, good customs, and public order.
   7. If a member's 'application, etc.' is reported or confirmed to contain illegal content. 4. Reports or confirmation of content that damages or insults the honor of others. 5. Reports or confirmation of content that infringes on the rights of others (such as copyright, trademark rights, portrait rights, etc.).
   8. in cases where a member violates applicable laws, these Terms, or usage conditions
2. The Company may restrict service access for members who have not used the service for a continuous period of one year or more, in order to protect member information and enhance operational efficiency.
3. In the event that service use is restricted under this provision, the Company will notify the affected member either prior to or following the action.
4. Members have the right to contest a restriction of service by submitting an objection to the Company. If the Company deems the objection to be valid, service access will be promptly reinstated.
5. The Company is not liable for any damages incurred by the member or third parties as a result of restrictions imposed on service use that are justified under this provision.

Article 27 (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 28 (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 will take effect from March 25, 2025.

Previous Version (Effective December 19, 2024 ~ March 24, 2025)

‍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.