For the Users subscribing to the services, the Company’s "SOFTWARE AND SERVICES AGREEMENT" governs access to and use of the services.
Article 1 Definitions
2. The term "Service" means a service that provides a variety of functions for Users to convert their raw data into learning data through the machine learning data platform operated by the Company. It means the products and services used by Users in accordance with the Software License Agreement and includes annotation and label designation work and services, ML model services, studio platforms, AIMMO Enterprise Services and software platforms;
3. The term "ID" means an email address selected by the User and approved by the Company for the User’s identification and the use of the services;
4. The term "Password" means a combination of letters, numbers, or special characters selected and managed in confidence by the User to confirm that the User is the user that matches the ID selected by the User and to protect the User’s information, rights and interests;
5. The term "Learning Data" means data processed in the form of computer learning in the course of developing artificial intelligence or machine learning;
6. The term "Data Annotation" means the process of adding, with annotation, information that a computer can recognize, to various types of data such as images, video, sounds and text to create learning data;
7. The term "Workspace" means a work group established to allow multiple users to participate in learning data processing, which includes functions such as invitation and work assignment;
8. The term "Project" means a work unit for completing learning data;
9. The term "Partnership Services" means external sites or services that provide features to enable logins or send and receive data through separate agreements with the Company;
11. The term "Document" means AIMMO-provided documents and its policy available at https://aimmo.readme.io/docs;
13. The term "Intellectual Property" means all of the following types of past, present and future rights that may exist or be created under the laws of all jurisdictions worldwide: (1) all proprietary rights, copyrights, integrity, modifications, disclosures and revocations, mask work rights and all other rights throughout the world that may be known or referred to as "authors’ moral rights", "artists’ rights" and "moral rights" (collectively referred to as "Authors’ Rights"); (2) trademarks and trade names and similar rights; (3) trade secret rights and contractual non-disclosure rights; (4) patents and industrial property rights; (5) other ownership rights of every kind and nature; and, (6) rights to registrations, renewals, extensions, combinations, divisions, reissues, and applications for the rights referred to in Paragraphs (1) to (5) of this sentence;
14. The term "ML Model Service" means an API service which is described in detail in the applicable order form or by which the User submits data and receives ML output within the User’s or a user’s account;
15. The term "ML Output" means a returned field in an AIMMO machine learning model as defined in an order form, or the User’s or a user’s account;
16. The term "Deliverables" means annotation and label based on user materials returned to the User or a user, including AIMMO API or CSV file and ML output;
17. The term "AIMMO Data" means usage data, statistics, aggregation and anonymized data, and de-identified data derived from the use of the services by the User or a user, which are collected or generated by the Company;
18. The term "AIMMO Technology" means the Company’s products and services, including service and software platforms, AIMMO data, background intellectual property rights, documents, the Company's trademarks, logos and other brand functions;
20. The term "Work Product" means any deliverables provided under this Agreement, including but not limited to (1) end-user content, response to user questions, completed work and all deliverables provided by the User in connection with the use of AIMMO Technology. It means (2) all discoveries, developments, concepts, designs, ideas, know-how, improvements, inventions, trade secrets, and/or original works of authorship (whether they are patentable, copyrightable, or whether legal protection is possible), and (3) any kind of new products, machinery, methods, procedures, processes, techniques, uses, equipment, devices, systems, designs or compositions or improvements thereto.
Article 2 User Account (ID)
2. The Software and Services Agreement contains the Company’s commitment to providing the services to the User and the User’s obligations in the use of the services.
3. If digital files, data or machine learning models (hereinafter "User Materials") are provided to the AIMMO API or to the Company to facilitate the provision of the services by the Company, the User acknowledges and agrees that User Materials are owned by the User.
Article 4 User Accounts and Registration
2. The Applicant must provide all information required by the Company when applying for use.
3. The Company may request the Applicant to verify his/her real name and verify his/her identity, and the procedure and method thereof shall be in accordance with the relevant laws and regulations.
5. If the Applicant is a minor under the Civil Act, the use of the services is not permitted even with the consent of the legal representative (guardian), and the Company may refuse to process the minor’s application for the services. If the Applicant uses the services, it shall be considered that the Applicant has confirmed that he/she is not a minor.
6. To access most of the functions provided by the services, it is required to sign up for the services.
8. The Applicant is requested to provide a password when subscribing to the services, and the Applicant shall be solely responsible for maintaining the confidentiality of the user account (ID) and password.
9. The Applicant shall be responsible for all activities occurring in the Applicant’s account.
10. The workspace manager (Owner) may also limit or terminate the user’s access to the AIMMO Service Account. Users must immediately notify the following address if they believe their accounts are no longer safe.
Article 5 Acceptance and Limitation of Use
1. With respect to the information requested by the Company to the Applicant, the Company shall accept an application for use unless there is a valid reason for not doing so if the Applicant accurately fills in actual information and applies for the use.
2. The Company may refuse to accept any of the following applications for use or terminate the user agreement ex post facto:
2.1. Where an application for use is filed in violation of Article 4;
2.2. If the Applicant seeks to use the services for illegal purposes such as violation of law or illegal act;
2.3. If a person who had previously lost his/her user qualification fails to obtain a rejoining approval of the Company;
2.4. If a minor under the Civil Act intends to use the services regardless of whether the Applicant’s name is a minor;
2.5. If the Applicant who is in a competitive relationship with the services applies for the purpose of undermining the interests of the Company;
2.6. If it is impossible to accept an application due to causes attributable to the Applicant, or if an application is filed in violation of any other prescribed matters;
2.7. Cases where an application for use is filed for the purpose of committing an illegal act prohibited under the Act on Promotion of Information and Communications Network Utilization and Information Protection and other relevant laws and regulations.
3. The Company may defer approval until the cause is resolved in any of the following cases:
3.1. There is no room in the facilities of the Company or there is a technical obstacle therein;
3.2. Service failure;
3.3. Other cases where it is difficult to accept an application for use due to causes equivalent to the above Subparagraphs.
4. The time of formation of the user agreement shall be the time when the Company indicates the completion of subscription in the application process.
5. The Company may classify users into grades according to the Company’s policy, subdivide service time, frequency of use, service menu, etc., and differently treat them in their use of the services.
Article 6 Restriction on Service Use
2. The Company may limit the use for the purpose of customer information protection and operational efficiency if the User does not log in for more than one (1) year.
3. The Company shall determine the terms and details of the restrictions within the scope of the restriction on the use of this Article in accordance with the use limitation policy and the operation policy for individual services.
4. The User must not allow the use of the services by unauthorized third parties or unauthorized third parties.
5. The User must not perform any acts in violation of laws in any manner, including any acts infringing on third parties' intellectual property rights, personal information protection, or publicity rights, including submitting, posting, accessing, or sharing content without the Company’s approval.
6. The User must not misuse or attempt to misuse the services and must not allow a third party to perform such acts, including any of the following acts:
6.1. Violating or circumventing security or authentication methods;
6.2. Intervening in or interfering with a part of the services;
6.3. Submitting requests that are too frequent through an API;
6.4. Submitting or distributing viruses, worms, Trojan horses, damaged files, or other disruptive contents;
6.5. Access to the services using robots, spiders, scrapers, or other unauthorized automated means.
7. The User may raise an objection to the restrictions on use under this Article in accordance with the procedures determined by the Company. If the Company deems the objection justified, the Company shall immediately resume the use of the services by the User.
Article 7 User Withdrawal
1. The User may apply for termination of the user agreement at any time through the Customer Center or My Information Management menu, etc. on the initial page of the services (hereinafter "Application for Withdrawal"), and the Company shall immediately process such application in accordance with relevant laws.
3. If the User withdraws, all of the Workspace, Project, and uploaded data, which the User alone has the right to operate, shall be deleted, and if there is any other use with joint operation rights, only the right of the withdrawn User shall be extinguished.
Article 8 Use of License
Article 9 Copyright of Learning Data
1. The User warrants that the data uploaded by the User to process learning data does not infringe on the copyright of a third party and must take immediate action in the event that a claim of infringement of a third party’s rights is made. The User must indemnify and defend the Company at its own cost and expense and must compensate for any tangible/intangible damages to the Company that are attributable to any claims of infringement of third parties rights.
2. If the data uploaded by the User contains any content that violates relevant laws such as the Information and Communications Network Act and the Copyright Act, the right holder may request to delete the relevant data in accordance with the procedures prescribed by relevant laws, and the Company shall take appropriate measures in accordance with relevant laws. Even if there is no request from the right holder, the Company may take temporary measures, etc., with respect to the relevant data in accordance with relevant laws in cases where there is a reason to acknowledge infringement of the rights or there are other violations of the Company policies and relevant laws. In connection therewith, the Company shall not compensate the User for any loss of data.
3. The User shall have ownership of the final results completed with learning data while proceeding with his/her own project.
4. As a participant in a project, all rights regarding individual data annotation work performed by the User are vested in the User who has independently generated and operated the project, and participation and acceptance of the project mean that the rights to individual work are transferred to the User who has generated and operated the project. Provided, in cases where an agreement between individual users is otherwise determined, such agreement shall prevail.
5. Data uploaded by the User may be exposed to search results, services, and related promotions and may be partially modified, reproduced, edited, and posted to the extent necessary for such exposure. In such cases, the Company shall comply with the Copyright Act, and the User may, at any time, take measures such as deletion of relevant data, exclusion of search results, non-disclosure, etc. through the Customer Center or management function within the services.
6. The Company can utilize AI-assisted functions for more efficient processing of learning data, and the learning data processed by the User for this purpose can be used for the learning and evaluation of the Company’s artificial intelligence learning model. The Company may use various statistical data generated while creating learning data for service improvement and work analysis purposes and may use statistical data on the premise that individual projects are not specified through the aggregation of multiple projects.
7. In cases where the Company intends to use the User’s learning data by means other than those set forth in Paragraphs 5 and 6, the Company shall obtain the User’s consent in advance through telephone, fax, email, etc.
Article 10 Reversion of Rights
1. All copyrights and other intellectual property rights regarding the services shall belong to the Company.
2. With respect to the services, the Company grants to the User only the right to use the services through account, ID, etc. in accordance with the terms and conditions of use set by the Company, and the User shall not transfer, sell, provide as collateral, or otherwise dispose of the services.
3. All rights not expressly granted to the User shall be owned by the Company and by the relevant licensor.
4. AIMMO Technology’s visual interface, graphics, designs, edits, information, data, computer code (including source code or object code), products, software, services, and all other elements shall be protected by intellectual property rights and other laws.
Article 11 User Notification
2. If a notice is sent to the entire users, the Company may substitute the notice in Paragraph 1 with such notice posted on the Company’s bulletin board for more than seven (7) days.
Article 12 Protection and Management of Personal Information
1. The User shall be responsible for the management of the User’s ID and password, and shall not allow a third party to use them.
2. The Company may limit the use of an ID in cases where there is a concern that the ID may be mistaken for the Company or the Company’s operator.
4. The User shall be solely liable for any breach of the obligations under this Article. The Company shall not be held liable for any disadvantages caused by the User’s breach of the obligations under this Article or failure to comply with the Company’s guides or guidelines.
Article 13 Third Party Software
1. The services include or may include third-party software components (hereinafter "Third Party Components") that are generally provided free of charge to a recipient under a license that grants the recipient extensive authority to copy, modify and distribute such components.
3. The services may include links to third-party websites. These linked websites are not under the control of the Company and the Company shall not be responsible for their content.
Article 14 Content Monitoring
1. The Company shall not control and have no obligation to monitor the following: (i) customer materials; (ii) any content provided by a third party; and (iii) the User’s use of the services.
2. The User acknowledges and agrees that the Company has the right to monitor and may monitor from time to time, all information transmitted or received through the services for operational or other purposes.
Article 15 Ownership and Transfer of Rights of Work Product
1. The User acknowledges and agrees that the customer owns all rights, titles, and interests, including intellectual property rights, in the work product as a work made for hire for the customer.
2. Unless even a part of the work product of the User is interpreted as a work made for hire, the User must transfer worldwide ownership, rights, and interests, including all intellectual property rights, in whole or in part, to the customer in an irrevocable and unconditional manner.
Article 16 Term and Termination
3. In addition, the Company may temporarily suspend or terminate the User’s access to the services by sending a prior notice through the User's email ten (10) days prior to the scheduled date of service termination. The User can also contact support@AIMMO.co.kr at any time to request the termination of account use.
4. If the User’s account is terminated:
4.1. The User’s license rights terminate, and the User must immediately cease all uses of the services.
4.2. The User can no longer access the service account.
Article 17 Limitation of liability
1. The services and all materials and content available through the services shall be provided "as is" and "as available". The User expressly agrees that the risk and burden of using the Company’s technology and materials shall be solely on the User.
2. The Company makes no warranties, express or implied, and hereby disclaims and invalidates any implied warranties or any other warranties, including, without limitation, the terms of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or other infringement of rights.
3. The Company does not guarantee that the services, any part of the services, or any materials or content provided through the services are accurate, complete, up-to-date, uninterrupted, or safe or that there are no errors, viruses, or other harmful components. In addition, even if there are such issues mentioned previously, the Company does not guarantee that such issues will be modified. The Company may change the services at any time with prior notice of limiting or suspending certain functions of the services. The Company does not promise to update the services. The Company shall not be responsible for any changes to the services or for any interruption or termination of access to or use of the services.
4. The limitations, exclusions, and disclaimers of this provision apply to the maximum extent permitted by law. The Company does not deny any guarantee or other rights that the Company is prohibited by law from denying.
Article 18. Governing Law
1. Any litigation between the Company and the User shall be governed by the laws of the Republic of Korea.
2. Any dispute between the Company and the User shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the address of the Company at the time of filing the lawsuit.
3. Notwithstanding the preceding paragraph, for the User with an overseas address or residence, the Seoul Central District Court of the Republic of Korea shall have jurisdiction over any dispute between the Company and the User.
Article 19 Entire Agreement