Chapter 1. General Provisions

Article 1. Purpose

The purpose of these Terms of Service (hereinafter referred to as the "TOS") is to stipulate the procedures, terms of use, and other relevant matters related to the use of the "Solution" and "Services" (as defined in Article 2 of these TOS) provided by AB180 Inc. (hereinafter referred to as the "Company").

Article 2. Definitions

The terms used in these TOS shall be defined as follows:

Article 3. Paid Service as a Principle for Service Provision

1. Except as specified on the Site, all Services provided by the Company shall be provided on a paid basis. The Customer shall conclude an Order Form and/or a separate service agreement (hereinafter collectively referred to as the "Service Agreement") with the Company for paid use of the Services and may use the Services accordingly. 
2. The Company may restrict all or part of the use of the Services, including membership registration, registration of Applications, and the use of Developer Tools, for those who wish to use the Services without entering into a Service Agreement.
3. When the Customer enters into a Service Agreement with the Company, these TOS shall constitute a single agreement for the use of the Services together with the Service Agreement.

Article 4. Effectiveness and Amendment of TOS

1. The Company shall notify the Customer of the contents of these TOS when the Customer signs up for an Account on the Site or enters into a Service Agreement, and the TOS shall become effective upon the Customer’s consent. 
2. The Company may amend these TOS within the scope of compliance with relevant laws and regulations, such as the Act on The Regulation of Terms and Conditions. 
3. In the event of an amendment to these TOS, the Company shall notify the effective date and the details of the amendment on the Site at least seven (7) days prior to the effective date. However, in the event that the amendment is disadvantageous to the Customer, the Company shall notify and inform the Customer individually at least thirty (30) days prior to the effective date. 
4. In the event that the Customer does not explicitly express their opposition to the amended TOS by the notified effective date, it shall be deemed that the Customer has agreed to the amendment.

Article 5. Supplementary Rules

1. The Company may establish and enforce Service Policies regarding matters not stipulated in these TOS, and the Service Policies may be established or amended by the Company as required. 
2. Matters not stipulated in these TOS shall be governed by the provisions of the Service Policies and relevant laws and regulations. In the event of a conflict between the provisions of these TOS and those of the Service Policies, these TOS shall prevail.

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Chapter 2. Obligations of Parties

Article 6. Obligations of the Company

1. The Company shall promptly provide guidance and necessary information for Customers to use the Services, including information on Account, Developer Tools, Documentation, and other content related to the use of the Services. 
2. The Company shall make its best efforts to ensure the continuous and stable provision of the Services in accordance with these TOS and promptly repair or restore any failure or loss of the Service-related equipment. 
3. The Company shall take adequate policy and technical measures to protect Customer Data from being disclosed to third parties without prior consent of the Customers. 
4. The Company shall make efforts to protect the personal information of Service Users and comply with relevant laws and regulations and the Privacy Policy in regard to the protection and use of personal information. 
5. The Company shall make efforts not to infringe upon the rights of third parties, including Customers, or undermine their credit or reputation regarding the operation and provision of the Services.

Article 7. Obligations of the Customer

1. Customers shall comply with these TOS and the Service Policies when using the Services and shall not engage in the following actions during the use of the Services:

2. Customers and Service Users shall not provide their Account-related information (ID, password, authentication key, etc.) to third parties, and shall make efforts to prevent Account theft by setting up the information securely and periodically changing passwords. 
3. Customers shall not assign, transfer, or provide as collateral rights and obligations under these TOS, including the authorization to use the Services, to third parties unless otherwise stipulated in the Service Agreement or without prior written consent from the Company. 
4. Customers shall respect and protect the Company's intellectual property, including but not limited to intellectual property protected under Patent Act, Trademark Act, Design Protection Act, Copyright Act, and other relevant laws and regulations, and trade secrets related to the Solutions, Developer Tools, Documentation, Reports, and other aspects of the Services, and Customers shall not use the Company's intellectual property or trade secrets for purposes other than using the Services, or engage in acts such as unauthorized replication, processing, or providing to third parties. 
5. Customers shall make efforts not to infringe upon the rights of third parties including the Company, or undermine their credit or reputation regarding the use of the Services. 
6. Any actions of the Service User in the performance of rights and obligations under these TOS shall be deemed as actions of the Customer.

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Chapter 3. Provision and Use of Services

Article 8. Provision of Services

1. The Company operates the Service on a 24/7 basis, year-round, as a principle, and make its best efforts to ensure that Customers can use the Service without any Downtime. However, in cases where temporary interruption of the Service is necessary for functional maintenance, repair, or version upgrade of the Solutions, the Company may temporarily suspend the provision of the Service after providing prior notice.
2. In the event of an unscheduled temporary interruption of the Service without prior notice, the Company promptly notifies Customers of the fact that the Service has been temporarily suspended and the expected resumption schedule in accordance with the provisions of Article 19.
3. The Company guarantees the Availability only for Customers who have entered into a Service Agreement which includes provisions regarding the Availability. The Company does not guarantee any Availability for Customers other than those who have entered into a Service Agreement and shall not be liable for any damages resulting from Downtime.
4. The Company may provide the Service to Customers in a differentiated manner in terms of the scope, limits, and other aspects of the Service, in accordance with the individual Service Agreement entered into with the Customers.

Article 9. Modification or Termination of Service

1. The Company may modify or terminate the Service, either in whole or in part, based on its needs or business judgment.
2. In the event that the Company terminates the Service in whole or in part, the Company will notify Customers in accordance with Article 19. In case the Service is terminated in whole, Customers may request a refund in accordance with Article 15, Paragraph 1.
3. In the event that the Company modifies the Service, the Company will notify Customers of the Service changes through notices on the Site and provide updated Service Policies related to the modified Service, without being obligated to provide individual notifications under Article 19.
4. The Company is not obligated to provide separate notices regarding the modification or termination of Beta Service.
5. The Company shall not be held responsible for any damages incurred by Customers or third parties due to the notified modification or termination of the Service or the modification or termination of Beta Features which is notified in accordance with this Article.

Article 10. Intellectual Property Rights

1. The copyrights, patents, industrial property rights, and all other intellectual property rights related to the assets including the Solution, Developer Tools, Documentation, and Reports provided by the Company under these TOS belong to the Company. 
2. Except for the rights explicitly granted under these TOS, the Company does not grant any rights to the Customer regarding the Company's intellectual property rights.

Article 11. Restrictions on Service Use

1. Customers must not engage in the following activities themselves or through third parties, and in case the Customer commits any of the following, the Company may restrict the Customer's use of the Service for a specified period:

2. In the event that the Company restricts a Customer's use of the Service pursuant to the preceding paragraph, the Company shall notify the Customer of the restriction and its reasons within five (5) business days from the date of the restriction. In case the Customer objects to the restriction, the Customer may raise an objection to the Company within ten (10) business days from the date of receiving the notification, and if it is determined that the reasons stated in the preceding paragraph are not valid based on the Customer's objection, the Company shall immediately lift the restriction and provide appropriate compensation, such as extending the usage period for the duration of the restriction.
3. The Company may terminate the Service Agreement with the Customer who violates the provisions of paragraph 1 of this Article, and the refund of the service fees shall be governed by the provisions of Article 15.

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Chapter 4. Data Protection

Article 12. Data Collection and Processing

1. Within the purpose of using the Service, the Customer may collect, process, use, and store Permitted End User Data, End User Data for which explicit consent has been obtained from the End User for collection and processing, and Aggregated Data using the Developer Tools.
2. The Customer must not collect, process, use, or store Restricted Data using the Developer Tools or engage third parties to do so.
3. The Customer, in order to use the Service, must independently take necessary measures in accordance with applicable laws and regulations, such as obtaining consent from End Users for the collection of End User Data, entrusting personal information processing to the Company, and transferring personal information overseas.

1. The Customer must not collect, process, use, or store the personal information of End Users under the age of 14 without explicit consent from their legal guardian.
2. For the purpose of fulfilling the obligations under these TOS, the Company may collect and process Customer Data and Aggregated Data with the consent of the Customer. However, in the case of Aggregated Data, the Company may process, use, and store it without separate consent from the Customer for the purposes of service development and improvement, market research, and other related activities.

Article 13. Data Protection Measures

The Company shall comply with relevant laws and regulations, including Personal Information Protection Act and Act on Promotion of Information and Communication Network Utilization and Information Protection, in processing Customer Data. Accordingly, the Company shall implement all necessary physical, technical, and managerial measures to protect Customer Data.

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Chapter 5. Termination

Article 14. Termination of Service Use

1. The Company or the Customer may terminate the Service Agreement in whole or in part immediately by written notice to the other party in case any of the following arises to the counterpart during the term of this Agreement:

2. The Company or the Customer may terminate the Service Agreement in whole or in part in case any of the following arises to the other party, and the other party fails to remedy it within the period of more than ten (10) business days notified by the other party in writing: 

Article 15. Refunds

In the event of the termination of the Service Agreement according to Article 14 or the termination of the Service in whole in accordance with these TOS, the Customer may request a refund of the service fee according to the following and the Company shall proceed the refund within 10 business days from the date of the Customer's request.

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Chapter 6. Compensation, Warranties, and Disclaimers

Article 16. Compensation

In the event that the Company or the Customer breaches these TOS intentionally or negligently and causes damage to the other party, the breaching party shall be responsible for compensating for such damage. The damage under this Article shall include all expenses incurred by the other party, including attorney fees.

Article 17. Warranty

1. The Company and the Customer represent and warrant that they are duly established and have the legal authority to enter into a valid agreement in accordance with the laws and regulations of their respective countries or jurisdictions. They also represent and warrant that the performance of these TOS does not conflict with their obligations under any agreements with third parties.
2. The Company and the Customer represent and warrant that they will comply with the governing laws of these TOS and the laws and regulations of their respective countries or jurisdictions.

Article 18. Disclaimer

1. the Company or the Customer that is incapable of fulfilling their obligations under these TOS in whole or in part due to natural disasters, wars, civil wars, riots, terrorism, communicable diseases, or any other events that qualify as force majeure events shall be exempted from liability for non-fulfillment.
2. The Company does not make any representation or warranty regarding the integrity, accuracy, or reliability of the analysis, forecasts, or any other information provided through the Service, including the Reports, and profits and effects expected by the Customer through the use of the Service. The Company shall not be held responsible for any indirect damages, special damages, consequential damages, punitive damages, or damages arising from disputes between the Customer and third parties incurred in the course of using the Service.
3. The Company shall not be liable for any failures in using the Solution caused by reasons attributable to the Customer. Such reasons may include the Customer’s failure to follow guides, instructions, or trainings provided by the Company and failure to complete the actions requested by the Company that are required for the normalization of the Solution use, including the reasons stated in Article 2, Subparagraph 8, item b., i. to vii.
4. All liabilities of the Company for damages arising related to these TOS and the use of the Service shall be limited to the service fee paid by the Customer for the previous six months prior to the date of the occurrence of the liability for damages.

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Chapter 7. Miscellaneous

Article 19. Notification

1. In case the Company needs to notify the Customer of the following matters, the Company will provide an individual notification to the Customer through the registered email or mobile contact via phone calls, messages, and other means, along with a general notification to all Customers through a notice within the Service:

2. In case the Company needs to notify the Customer of the following matters, the Company will provide a general notification to all Customers through a notice within the Service:

3. In the event that the Company is unable to provide prior notification due to unavoidable reasons regarding the matters stated in the preceding two paragraphs, the Company shall notify the Customer promptly by any available means as soon as notification becomes possible.

Article 20. Governing Law

These TOS are governed by the laws and regulations of the Republic of Korea.

Article 21. Dispute Resolution

1. Any dispute arising out of matters not specified herein or disagreement over the interpretation of these TOS shall be resolved by mutual agreement. In case the dispute cannot be resolved by mutual agreement, applicable laws, and general business practices shall be applied. 
2. The Seoul Central District Court shall be the exclusive competent court of the first instance to resolve the dispute that is not resolved in accordance with the preceding paragraph. 

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Addendum

1. These TOS shall be effective from the date of June 24th, 2023.
2. The Korean version of these TOS is original, and in case of any inconsistency in interpretation between the original version and any translation, the original version shall prevail.