Terms of Service
Chapter 1. General Provisions
Article 1 (Purpose)
These Terms of Service govern the rights, obligations, responsibilities, and other matters between Pebblous Inc. (the "Company") and its members in connection with the use of DataClinic and its related services.
Article 2 (Definitions)
① The terms used in these Terms are defined as follows:
- "Member" means a person who has entered into a service agreement pursuant to these Terms and uses the services provided by the Company.
- "Service" means all services related to DataClinic, including data quality diagnosis, improvement, and visualization services for datasets used in AI model training and big data analysis, and all related ancillary services.
- "Password" means a combination of letters or numbers, or both, set by the member and registered in the Service for member identification and protection of member rights and privacy.
- "Content" means all paid or free content digitally produced by the Company in connection with the provision of services, including symbols, text, voice, sounds, images, videos, graphics, colors, and images (including composites thereof).
② Terms not defined in paragraph ① of this Article shall be governed by relevant laws, service-specific policies, and general commercial practices.
Article 3 (Effect and Modification of Terms)
① These Terms take effect when the Company posts the content on its website or notifies users by other means (SMS, email, messenger, consent screen upon login, etc.) and the user agrees and registers as a member.
② The Company may modify these Terms within the scope of applicable laws. In the event of modification, the Company will announce the effective date and reasons, together with the current terms, by the method described in paragraph ①, from 7 days before the effective date to the day before. However, in the case of material changes to members' rights or obligations, the Company will give 30 days' advance notice and notify members individually pursuant to Article 22, paragraph ①.
③ If a member does not expressly object by the effective date after the Company has notified them that failure to object will be deemed consent, the member is deemed to have consented to the modified terms. Members who disagree may be unable to use the Service and may terminate their service agreement.
Article 4 (Formation and Application of Service Agreement)
① The agreement is formed when an applicant (hereinafter "Applicant") consents to these Terms, applies for membership, and the Company approves the application.
② The Company may refuse membership in the following cases:
- Use of false identity or another person's name or information
- Submission of false information or failure to meet membership requirements
- Use of abnormal or circumvention methods to access the Service in countries where the Company does not provide services
- Application for service use for purposes prohibited by law or contrary to public order and morals
- Intent to use the Service for commercial profit
- Re-registration after being disqualified for Terms violation
- Under 14 years of age
- Other grounds deemed inappropriate for approval
③ The Company may defer approval until the grounds are resolved if there is insufficient capacity or technical or operational issues.
Article 5 (Other Rules)
① The Company may establish individual terms for specific services and announce them pursuant to Article 22, paragraphs ① or ②. Consent to individual terms is obtained separately when a member first uses the relevant service. In such cases, the individual service terms take precedence over these Terms.
② Matters not covered by these Terms or individual terms, and interpretation of these Terms, shall be governed by applicable laws or general commercial practices.
Chapter 2. Personal Information Management
Article 6 (Privacy Protection)
The Company strives to protect members' personal information in accordance with applicable laws and complies with its Privacy Policy for the protection and use of personal information. However, the Company's Privacy Policy does not apply to services accessed through external links outside the Company's services.
Chapter 3. Obligations of the Parties
Article 7 (Company's Obligations)
① The Company shall faithfully comply with its obligations under applicable laws and these Terms.
② The Company shall make best efforts to promptly repair or restore facilities that break down or data that is lost or damaged in the course of improving services, except where caused by force majeure, emergencies, or technical faults beyond current capabilities.
Article 8 (Member's Obligations)
① Members must not engage in the following conduct:
- Using false information or another person's information when applying for or modifying the Service
- Modifying information posted by the Company or disrupting the Service
- Reproducing, disassembling, or modifying the Service through reverse engineering, decompiling, disassembly, or any other form of processing
- Using automated access programs or other abnormal methods to overload the Company's servers and interfere with normal service provision
- Granting access rights to third parties by lending or transferring accounts
- Infringing the Company's or third parties' copyrights or intellectual property rights
- Damaging the Company's or third parties' reputation or interfering with their operations
- Reproducing, distributing, or commercially using information obtained through the Service without the Company's permission
- Exploiting known or unknown bugs to use the Service
- Causing harm to others in connection with the use of the Service
- Other illegal or improper conduct
② Members must securely manage their account credentials and are responsible for any account misappropriation or unauthorized use attributable to the member.
③ Members must comply with these Terms and notices posted by the Company in connection with the Service and are responsible for all losses and damages resulting from violation or non-compliance.
Chapter 4. Service Use and Restrictions
Article 9 (Service Provision)
① The Company provides the following services:
- Dataset curation services
- Dataset diagnostic report services
- Dataset diagnosis services
- Diagnosis-based data quality improvement services (e.g., data diet, data bulk-up)
- Synthetic data generation services
- Data quality education and consulting services
- Other ancillary services incidental to the above
② The Company makes the Service available to members immediately upon completion of the service agreement. However, some services may commence from a date designated by the Company.
③ The Company may provide additional services together with those specified in these Terms when providing services to members.
④ The Company may differentiate service use by categorizing members by tier and segmenting usage frequency, scope of services, etc.
Article 10 (Service Use)
① The Service is provided 24 hours a day, 365 days a year in principle, unless there are special operational or technical circumstances.
② Notwithstanding paragraph ①, the Company may suspend all or part of the Service in the following cases, with advance notice of the reason and period on the service notice board. In unavoidable circumstances, notice may be given after the fact.
- Necessary for system operation, such as regular system inspection, server expansion and replacement, or network instability
- Unable to provide normal service due to power outages, service equipment failures, excessive traffic, or maintenance by telecommunications carriers
- Uncontrollable circumstances such as war, incidents, natural disasters, or equivalent national emergencies
Article 11 (Service Modification and Suspension)
① The Company may modify the Service for operational or technical reasons and will announce the changes in advance within the Service. However, post-hoc notice may be given for bug fixes, urgent updates, or non-material changes.
② The Company may suspend the Service. In such case, the Company will announce the suspension date no later than 30 days before and notify members pursuant to Article 22, paragraphs ① or ②.
Article 12 (Ownership of Intellectual Property, etc.)
① Copyright and other intellectual property rights in all content produced by the Company (including analysis and diagnostic results for data uploaded by members) belong to the Company.
② Members must not reproduce, transmit, edit, publish, perform, distribute, broadcast, or create derivative works from information obtained through the Service for commercial purposes without the Company's prior consent.
③ If a member infringes a third party's intellectual property rights and the Company receives a claim for damages or objection from that third party, the member must endeavor to indemnify the Company and shall bear all damages incurred by the Company if indemnification is not achieved.
④ The Company may, without prior notice, delete, move, or refuse registration of information or materials posted or registered by members if they are deemed to constitute any of the prohibited acts under Article 8, paragraph ①.
⑤ The Company may use information and materials posted or registered by members for the purpose of improving services and/or developing new services.
⑥ This Article remains valid while the Company operates the Service and continues to apply after member withdrawal.
Article 13 (Purchase of Paid Services)
① Paid services purchased within the Service may only be used by the purchasing member or a third party authorized by the Company under the terms of the paid service, and members must not allow others to use paid services by reproduction, transmission, rental, or other means.
② The period of use of paid services purchased by a member follows the period specified at the time of purchase.
Article 14 (Service Use Restriction for Members)
① The Company may restrict a member's use of the Service if the member violates obligations under these Terms or disrupts normal service operation.
② When taking restrictive measures under paragraph ①, the Company will notify the member of the following:
- Reason for the restriction
- Type and period of the restriction
- How to file an objection
③ The Company may suspend use of the relevant account until investigation of the following circumstances is complete:
- A legitimate report has been received that the account was hacked, misappropriated, or used for criminal purposes
- Other circumstances requiring provisional measures equivalent to the above
Article 15 (Objection Procedure for Use Restriction)
① A member who wishes to appeal a use restriction must submit a written objection stating the reasons for appeal to the Company by mail, email, or equivalent method within 14 days of receiving notice of the restriction.
② The Company will respond to the objection in writing, by email, or equivalent method within 14 days of receiving it. If the Company is unable to respond within this period, it will notify the member of the reason and processing schedule.
③ The Company will take appropriate action if the grounds for objection are valid.
Chapter 5. Cancellation, Refund of Overpayments, and Termination
Article 16 (Payment)
① A paid service agreement is formed and payment is made when a member clicks buttons such as "Purchase," "Pay," or "Confirm Payment" within the Service, in accordance with these Terms and the posted purchase conditions. Payment is made in accordance with the policies or methods of the payment method selected by the member.
② If the purchase price is paid in foreign currency, the actual amount charged may differ from the price displayed on the Service due to exchange rates and fees.
③ If a member fails to pay within a specified period after submitting a purchase application, the Company may cancel the order without the member's consent.
Article 17 (Cancellation, etc.)
① A member who has entered into a contract for the purchase of a paid service may request cancellation and a full refund if they have not used the paid service within 7 days of the later of the contract date and the service available date. If the member has used the service, in the case where 7 days have elapsed from the payment date while normal use is available, the service period is maintained for the billing cycle and fees are charged accordingly; the effect of cancellation takes effect at the end of the billing cycle.
② Cancellation rights are restricted for services where cancellation is not permitted under the Act on Consumer Protection in Electronic Commerce and other applicable laws. However, where applicable laws require the Company to take measures to restrict cancellation rights, the Company will take such measures.
③ Notwithstanding paragraphs ① and ②, a member may cancel a paid service within 3 months from the date the service becomes available, or within 30 days from the date the member knew or could have known that the content of the service differs from its representation, advertisement, or the content of the purchase contract.
Article 18 (Refund of Overpayments)
① The Company will refund overpayments to members if they occur. However, if an overpayment occurs through the member's fault without the Company's willful misconduct or negligence, the actual costs of the refund shall be borne by the member within a reasonable range.
② The Company may cancel payment or issue a refund through the payment method selected by the member.
③ The Company may contact the member using the information provided to process the refund and may request additional information as necessary.
Article 19 (Termination, etc.)
① A member may terminate the service agreement at any time by withdrawing their membership. Upon withdrawal, all service usage information held by the member within the Service will be deleted and cannot be recovered, unless otherwise specified in the Privacy Policy.
② The Company may suspend service use or terminate the service agreement if there are material grounds for which the agreement cannot be maintained, such as the member engaging in prohibited conduct or violating laws.
Chapter 6. Damages and Liability Exemption
Article 20 (Damages)
① If the Company or a member causes damage to the other party by violating these Terms, the responsible party shall compensate for such damage, except where there is no willful misconduct or negligence.
② If the Company provides individual services pursuant to an affiliate agreement with an individual service provider and a member suffers damage due to the individual service provider's willful misconduct or negligence after consenting to the individual service terms, the individual service provider shall be responsible for such damage. However, this does not apply if the Company is also at fault.
Article 21 (Company's Liability Exemption)
① The Company shall not be liable for service provision failures caused by force majeure or equivalent events.
② The Company shall not be liable for free services.
③ The Company shall not be liable for damages suffered by members in connection with service use, except in cases of the Company's willful misconduct or negligence. The following are examples of circumstances for which the Company is not responsible:
- Service unavailability due to maintenance, replacement, regular inspection, construction, or similar reasons for service equipment
- Service disruption caused by the member's willful misconduct or negligence
- Transactions or disputes arising between members or between a member and a third party through the Service
- Failure to realize the benefits the member expects from using the Service
- Leakage of member information due to the member's failure to manage account passwords
- Illegal access to the server by third parties or abnormal access using programs
④ The Company shall not be liable for damages suffered by the member or third parties due to the member's willful misconduct or negligence in connection with service use.
⑤ The Company shall not be liable for damages arising from a member disclosing or providing their personal information to third parties.
⑥ The Company shall not be liable for damages arising from the member's failure to obtain expected results from service use or use of data obtained through the Service.
⑦ The Company makes no warranty of any kind regarding the accuracy, completeness, or validity of service results, and all risks arising from the use of service results are borne by the member.
Article 22 (Notification to Members)
① The Company may notify members by email, push notification, or SMS/MMS.
② For notices to all members, the Company may substitute for paragraph ① by posting on the Company's website for 7 or more days or displaying a pop-up screen.
Article 23 (Jurisdiction and Governing Law)
These Terms are governed by and construed in accordance with the laws of the Republic of Korea. Any dispute between the Company and a member that results in litigation shall be submitted to the competent court under the Civil Procedure Act.
Article 24 (Member Grievance and Dispute Resolution)
① The Company guides members on how to submit opinions or complaints within the Service or on connected screens, taking into account member convenience.
② The Company will promptly handle opinions or complaints raised by members that are objectively deemed legitimate within a reasonable period. However, if handling takes a long time, the Company will notify the member of the reasons and processing schedule via notice within the Service or pursuant to Article 22, paragraph ①.
Supplementary Provisions
These Terms of Service shall take effect on January 1, 2025.
