Terms of Use

Article 1 (Purpose)  

These Service Terms and Conditions (hereinafter referred to as the "Terms") specify the rights and obligations of members (hereinafter referred to as "Members") who access or use Upstage's services provided by Upstage Co., Ltd. (hereinafter referred to as the "Company"), or utilize the services (as defined below), as well as the conditions, procedures, and other related matters for their use.

Article 2 (Definitions of Terms)  

The definitions of terms used in these Terms are as follows:  

1. "Service" refers to various AI solutions provided by the Company, including both paid and free services. The Service is composed of individual services (hereinafter referred to as "Individual Services"), and Members may select and use Individual Services with the Company’s consent.  
2.  "Website" refers to the online web/app services (e.g., Upstage Console, AI Space) provided by the Company, where Members can access the Service, view related terms, and perform actions such as membership registration, payment, and inquiries related to the Company’s Service.  
3. "Member" refers to a user who agrees to these Terms and formally registers to use the Service.  
4. "Account" refers to the member identification unit defined by the Company, allowing Members to manage authentication, profile changes, service subscriptions, and cancellations via a single login ID and password when using the Service.  
5. "Stakeholder" refers to entities or individuals, including vendors, sales agencies, and their representatives, that provide additional functions or services linked to the Company’s Service.  
6. "Paid Service" refers to an Individual Service for which Members make a payment to the Company.  
7. "Billing Unit" refers to the payment unit for using Paid Services, typically calculated based on usage from the 1st to the last day of the month, with Members settling payments monthly via credit cards, credits, or other payment methods.  
8. "Credit" refers to an electronic payment method usable for purchasing the Company’s "Service," categorized into "Paid Credit" (purchased by Members) and "Free Credit" (provided by the Company for free via promotions, events, etc.).  
9. "API" stands for Application Programming Interface, referring to the interface provided by the Company for Members to use the Service in their own "Applications, etc."  
10. "Applications, etc." refers to a Member’s applications, programs, or websites where the Service is to be applied.  
11. Terms not defined in this Article shall follow relevant laws and commercial practices.

Article 3 (Membership Registration, Withdrawal, and Termination) 

1. A member may apply for membership registration after reading and agreeing to these Terms. The service usage contract is concluded, and the registration process is completed upon the company’s acceptance. However, the company may reserve acceptance until the cause is resolved if there is a lack of service-related facilities or technical or operational issues.  
2. A member may withdraw from membership at any time, and the Company will promptly process such withdrawal unless exceptional circumstances exist.  
3. If the company determines that a member applied for registration or created an account in violation of the following conditions, it may reject the registration application or impose restrictions such as account suspension, deletion, or other appropriate measures:  
   
   • The member has a history of having their account deleted by the company.    
   • Necessary information was not provided or false information was entered during account creation.  
   • The applicant is a minor under 14 years of age.  
   • There is a risk of personal information leakage.  
   • The service is used or applied for in violation of laws, for antisocial purposes, or contrary to public decency.  
   • Other cases equivalent to the above that violate these Terms, related laws, or the company’s operational policies.  

4. A member who has lost their membership status under Paragraph 3 may submit a statement of their opinion within 30 days from the date of receiving notification from the company. If the company deems the member’s explanation valid, the member may continue to use Upstage services normally.  
5. The effective date for membership withdrawal (Paragraph 2) or loss of membership status (Paragraph 3) is as follows:  
   
   • For withdrawal requests, the process is completed upon the company’s notification of withdrawal completion. However, the company will retain the member’s existing credit information for 30 days from the completion date. If the member follows the prescribed procedures to request re-registration and the Company approves such request, allowing the member to re-register within the grace period, all credits may be reused. If no reapplication is made within the grace period, all credits will be immediately voided.  
   • For loss of membership status, the status is finalized on the notification date.  

6. In the case of membership withdrawal (Paragraph 2) or loss of membership status (Paragraph 3), member information will be handled as follows:  
   
   • Withdrawn members’ information will be retained for a certain period as per the Personal Information Processing Policy before deletion.  
   • Information of members who lost their status will be retained for 2 years from the confirmation date to prevent misuse of the service and further harm to other members. During this period, re-registration and service usage may be restricted.

Article 4 (Effect and Amendment of Terms)  

1. The Company publicly discloses these Terms to ensure Members can review important details before signing up for and using the Service.  
2. The content of these Terms becomes effective for all Members who agree to them, either by posting on the homepage or service screen or through other notification methods. Even if the Service agreement with the Company is terminated, certain provisions of these Terms may remain valid.  
3. The Company may amend these Terms within the bounds of applicable laws. If amendments are made, the Company will notify Members of the proposed changes via public announcements on the Service at least 7 days before the effective date. However, for amendments unfavorable to Members, notification will be provided at least 30 days in advance.  
4. If a Member does not explicitly reject the proposed amendments, withdraw from membership, or discontinue Service use by the implementation date, they are deemed to have accepted the changes. The Company is not liable for damages arising from a Member’s lack of awareness of the amendments. Amendments to free services take effect immediately on the implementation date, while those for paid services apply from the first day of the next billing cycle.  
5. If a Member rejects amendments to paid Service terms, the pre-amendment terms will apply until the end of the current billing cycle. After that, paid Service access may be terminated, governed by the Paid Service Purchase Agreement.  
6. These Terms generally apply from the date of Member agreement until the date of withdrawal (or termination of the Service agreement). However, certain provisions—such as Personal Information Management (Paragraph 19), Service Copyright and Usage Rights (Article 21), Company Liability (Article 22), and Member Liability (Article 23)—may remain valid even after withdrawal.  

Article 5 (Supplementary Rules Beyond These Terms) 

1. For matters not covered by these Terms, applicable laws, separate individual agreements, or service-specific terms between the Member and Company shall govern. Additionally, the Company may establish separate operational policies for individual services, which may be detailed in separate terms.  
2. In case of conflicts between these Terms, individual service terms, and separate agreements, the following order of priority applies: separate agreements, individual service terms, and these Terms.

Article 6 (Providing and Managing Member Information)

1. Members must provide the company with their information to the extent necessary for using the service, and failure to do so may result in partial or complete restriction of service use.  
2. Members must provide accurate and lawful information when required by these terms and conditions, and the company shall not be liable for any disadvantages arising from the provision of false or illegal information.       
3. Members are responsible for managing their accounts and must not allow third parties to use them. The company may require password input or additional identity verification procedures to prevent unauthorized use of member accounts by third parties.  
4. If a member becomes aware 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 disadvantages arising from the member’s failure to notify the company of such facts or their failure to follow the company’s instructions after notification.  
5. Members can view and modify their information through the website. However, certain account information necessary for service provision and management may not be modifiable, and identity verification may be required for modifications or additions.  

Article 7 (General Obligations of Members)  

1. Members must not engage in the following acts when using the service:  
   • Submitting false information during registration or changes, or misusing another’s account or password.  
   • Damaging another’s reputation or causing them harm.  
   • Infringing on the company’s or third parties’ copyrights or other rights.  
   • Disseminating content that violates public order or decency (e.g., text, images, audio).  
   • Uploading or spreading computer viruses that cause malfunctions or data destruction.  
   • Intentionally disrupting service operations or transmitting information that could hinder stable operations.  
   • Generating abnormal traffic or using unauthorized automated programs (e.g., DDoS, hacking).  
   • Copying, modifying, distributing, selling, transferring, leasing, or pledging service access rights (ID, password, etc.) or software components without the company’s consent, or allowing third parties to use them. Attempting reverse engineering, extracting source code, or replicating, decompiling, or imitating the service.  
   • Impersonating others or falsely stating relationships with third parties.  
   • Circulating false information for personal or third-party financial gain or to harm others.  
   • Transmitting or posting information (including computer programs) prohibited by law.  
   • Impersonating or falsely representing company or affiliate employees, operators, or third parties to post content or send emails/messages.  
   • Unlawfully detecting, leaking, altering, or damaging data (including electronic medical records) or telecommunications network content managed by others.  
   • Using service outputs directly or indirectly (via third parties) for competitive model training, performance improvement, R&D, or similar activities.  
   • Any other unlawful or inappropriate acts as determined by the Company.  

2. Members bear full responsibility for any disadvantages arising from the information they input and its inaccuracies.  
3. Members must immediately notify the company if any of the following occurs:  
   
   • Service access failures.  
   • Leaks or suspected leaks of registered personal information, electronic medical records, or other data.

4. The company may monitor outputs and external transmissions to ensure lawful and proper service operation. If monitoring reveals violations or illegal/unjust situations, the company may take actions such as deleting outputs or suspending service access.

Article 8 (Service Content)

1. The Company may provide various individual services through its website, including Document AI services utilizing artificial intelligence technology and Solar LLM services. Details of each Individual Service are available on the website, and new services may be added or removed at any time. The details, pricing, individual terms, and operational policies of each individual service are posted on the website.
   

Types of Individual Services

• API Service: Refers to services that utilize (1) Document AI (Optical Character Recognition, Key Information Extraction, Document Parse, etc.) and (2) Large Language Model (Brand Name: Solar) via an API-based method.
• Playground: Refers to a service where users can extract or generate AI-based text, images, or experience various generative AI services provided by the Company.

2. Individual services may be offered for free or paid, and a system for registering and managing API Keys, along with guides, will be provided.
3. The Company provides a system to check API usage status and billing details.
4. The Company may modify or update services to improve them. Additionally, services may be provided in connection with AI services developed, managed, or operated by third parties. For usage relationships between third parties and members facilitated through the Company’s services, the third party’s usage policies apply, and the Company is not involved. If the Company makes changes or updates to a service and members need to be informed, appropriate notice will be provided before the change or update.

Article 9 (Use of Service)

1. The service is available to all members. However, payment may be required, and applicants must provide their real names and accurate information. If an applicant illegally uses a pseudonym or provides false information, they may not exercise or claim any rights stipulated in these terms, and the company may terminate the service contract even if it has already been concluded.
2. Members using paid services must register payment information in advance and pay the required fees according to procedures separately established by the company.
3. Members must use the service only for its intended purpose. Without prior written consent from the company, members cannot transfer, pledge, or license their service usage rights or contractual status to third parties, nor engage in any other disposition of such rights.

Article 10 (Provision of Demo Service)

1. To enhance understanding of paid services, the Company may provide members with a demo service that allows them to experience the features of paid services for free for a limited period (subject to change at the Company’s discretion). Additionally, for service research, development, and improvement, the Company may, at its discretion, offer members the opportunity to participate in beta testing for a limited period.
2. During the use of the demo service, members may access all or part of the features available in the paid service.
3. Members must exercise special caution to avoid infringing the Company’s intellectual property rights and trade secrets while using the demo service. Specifically, the following actions constitute violations:
   • Using all or part of the demo service directly or through third parties to develop or research AI-based technologies and services.
   • Unauthorized capture and distribution of service screens to others.
   • Allowing unauthorized third parties or those without the Company’s approval to use the service.
   • Showing service screens to employees of the Company’s competitors.

4. As the demo service is provided free of charge, the Company does not offer any express or implied warranties for it. The Company may modify or discontinue the demo service at any time without liability for issues arising from such changes or discontinuation.

Article 11 (Suspension of Service Use by the Company)

1. The Company may suspend a Member’s use of the Service without prior notice in the following cases:
   • When a Member’s negligence in system security management results in damage to their own system or another Member’s system.
   • When suspending services for other Members is necessary to prevent the spread of an incident originating from a Member’s system.
   • When a Member uses the Service beyond the scope defined in these Terms.
   • When inaccurate or illegal information entered by a Member into the Service causes damage to themselves or a third party.
   • When a Member’s system experiences a failure due to installed equipment, software, applications, or OS.

2. If the Company suspends a Member’s Service use under Paragraph 1, it shall notify the Member of the reason for suspension, the suspension period, and formal objection procedures. The Company shall immediately restore the Member’s Service use once the grounds for suspension under Paragraph 1 are resolved or no longer valid.
3. Even if all or part of the Service is suspended due to the reasons listed in Paragraph 1, the Company may charge the Member for paid services incurred during the suspension period and shall not be liable for such charges.

Article 12 (Suspension/Modification/Termination of Service)

1. The Company strives to provide continuous and stable service to Members 24 hours a day, 365 days a year. However, the Company may suspend service in the following cases:
   • When unavoidable reasons arise, such as regular/temporary inspections for maintenance, upgrades, or diagnostics of service equipment.
   • When there are disruptions to normal service use due to power outages, facility failures, or traffic overloads.
   • When service cannot be maintained due to the termination of contracts with affiliated entities, government orders/regulations, or other circumstances beyond the Company’s control.
   • When disruptions occur in cloud or communication services provided by third-party vendors.
   • When service is interrupted due to nationwide network failures or equivalent force majeure events.
   • When service disruptions occur due to illegal external intrusions, despite the Company implementing protective measures in accordance with applicable laws.
   • When there are other unavoidable force majeure events, such as natural disasters or national emergencies, that the Company cannot predict or control.

2. If service is partially or entirely suspended under Paragraph 1, Paragraph 1, Item 1, the Company will notify or announce this to Members in advance with reasonable notice. However, if prior notification or announcement is impossible due to unforeseeable or uncontrollable reasons (e.g., disk/server/system failures without the Company’s intent or negligence), the Company may provide notice after the fact.
3. The Company may, at its discretion, suspend or terminate all or part of the service for operational, managerial, or technical reasons. In such cases, the Company will notify or announce this to Members in advance with sufficient time to prevent any damage.

Article 12-2 (Special Provisions on Changes or Termination of API Services)

1. The Company may modify or change the scope of products and functions beyond the scope necessary to maintain the Service if there is a legitimate reason to change the API service. Legitimate reasons are considered to include: (i) when changes are required to comply with relevant laws and regulations, (ii) when changes are necessary to reflect technological requirements such as new technical environments or other operational reasons, (iii) when adjustments are needed to align the product with changing market conditions (e.g., increased user numbers), or when changes benefit members by making the product more user-friendly or improving security. Changes to the product and its functional scope under this Article shall be made at no additional cost to members (excluding major version upgrades), and the Company shall follow prior notice procedures, though in unavoidable circumstances, post-notice may be substituted.
2. If a change to the API service occurs under Paragraph 1, the Company shall maintain the specifications of the existing API for 30 days.
3. The Company may introduce new versions of the API with additional or different functional scopes, considering ongoing development. Members may use and pay for additional services by confirming the terms of use for the new API version posted on the homepage, etc., and using the payment method registered in the Upstage Console.
4. The Company may terminate outdated API versions if deemed reasonable for members, considering the interests of both parties. The Company shall notify members of the API termination via email or homepage announcements at least 30 days before the termination takes effect.
5. If the Company terminates the service provision under Paragraph 4 or if the contract is terminated due to member withdrawal, etc., the “Member Input Data” and “Outputs” uploaded to the API service shall be deleted (except as otherwise required by applicable laws).
6. Notwithstanding the foregoing, in accordance with Paragraph 10 of these Terms, API services for demo and beta versions may be modified or discontinued at the Company's discretion without prior notice or separate measures.

Article 13 (Information Provision)  

The Company may display various information related to service usage, including notices, administrative messages, and advertisements, within the service interface or transmit them via the Member’s email or mobile messages to enhance the quality of the Service. In the case of transmitting advertising information, it will only be sent if the Member has given prior consent to receive advertisements in accordance with applicable laws and regulations.

Article 14 (Limited Warranty)

1. Unless the Company has acted intentionally or with gross negligence, Members shall bear all consequences and risks arising from the use of the Service.
2. The Service is provided to the member at the time of concluding these Terms "as is" and to the extent of its "availability." The Company disclaims all express or implied warranties, including but not limited to implied warranties of merchantability, accuracy, quality, durability, completeness, reliability, performance, fitness for a particular purpose, intellectual property rights or non-infringement of intellectual property rights, uninterrupted service, security, or prevention of data loss or damage, to the maximum extent permitted by applicable law.
3. The Company shall not be liable for issues arising from changes to the member’s computer hardware or operating system after the Service has commenced. Additionally, unless the Company has acted intentionally or with gross negligence, the Company shall not be responsible for damages suffered by the member due to new viruses or potentially harmful programs discovered after the Service’s launch.
4. The Company does not warrant that third-party services or features linked to the Service will be suitable for the member’s specific purposes. Unless the Company has acted intentionally or with gross negligence, it shall not be liable for any consequences resulting from the use of such third-party linked features for specific purposes.
5. The Service provided by the Company is a generative AI service, and its outputs may include third-party advertisements or services (outside the Company’s control) referenced via banners, links, etc. If the member connects to such third-party advertisements or services based on their usage choice, the Company does not guarantee the reliability, stability, or legality of the content or services provided in those areas, as they fall outside the Company’s Service scope. The Company shall not be liable for any damages the member incurs therefrom.
6. The outputs generated by the Service may be influenced by the member’s usage environment, misuse, or other circumstances. Therefore, the Company does not warrant the completeness, accuracy, appropriateness, validity, or reliability of the outputs. Since outputs are randomly generated by AI during the member’s use of the Service, the Company does not guarantee their legality, suitability, or expected profitability and assumes no liability for such matters. Additionally, the Company is not responsible for any legal, ethical, social, or political impacts arising from the use of outputs generated during the member’s use of the Service.

Article 15 (Credit Purchase and Usage) 

1. Members may receive credits free of charge in accordance with the Company’s promotional policies or purchase credits for a fee (hereinafter referred to as “recharge” depending on context) by prepaying a specified amount through procedures designated by the Company. However, the Company may restrict credit purchases in the following cases:  
   
   • When there are outstanding fees or charges  
   • When a member violates the obligations stipulated in Article 7  
   • When there are technical, institutional, or security issues that make credit payments impossible  

2. Members must register a payment method (e.g., credit card) and set the recharge unit and method (one-time, monthly/annual auto-recharge) according to the Company’s conditions to purchase credits. The Company may provide bonus credits based on recharge amount and auto-payment conditions, and the specific amount and usage terms follow the criteria posted on the Company’s website in accordance with internal policies.  
3. If a member holds both free and paid credits, the free credits will be deducted first. Paid credits do not accrue interest, and credits with earlier expiration dates are deducted first.  
4. The validity period for paid credits is 5 years from the recharge date (payment date), and any unused credits within the validity period will expire on the expiration date. However, free credits provided through promotions or events may have separate validity periods.  
5. Credits, whether purchased or provided free of charge, may only be used by the Member and cannot be transferred, lent, sold, or used as collateral to third parties. 
6. Before credits expire due to the end of their validity period, the Company will notify members of details such as the quantity and timing of credits set to expire and implement measures to allow members to check expiring credits on the website.

Article 15-2 (Automatic Credit Recharge Renewal)  

1. For members who have selected the automatic recharge option, credits will be recharged (paid) via the pre-registered payment method according to the designated payment cycle, and a new payment cycle will commence.  
2. When the automatic recharge is renewed under Paragraph 1, all benefits tied to the previous agreement tier—such as bonus credits, usage limits, and other privileges provided during the prior payment cycle—will expire upon the end of the term. The benefits corresponding to the new payment cycle’s agreement tier will be recalculated and applied.  
3. The Company provides new tier-based benefits with each automatic recharge renewal and does not guarantee the continuation of benefits from the previous payment cycle’s tier.  

Article 15-3 (Changes to Automatic Credit Recharge)

1. Even members who have pre-agreed to an automatic recharge plan for specific credit amounts and payment cycles may modify the payment date or recharge amount before the next payment cycle begins.  
2. If the Company approves the change, the existing terms will terminate, and the new automatic recharge option will take effect.  
3. All benefits tied to the previous tier—such as bonus credits, usage limits, and other privileges—will expire, and the tier-based benefits corresponding to the new automatic recharge option will apply. The Company does not provide compensation or refunds for differences in tier-based benefits resulting from option changes.  

Article 16 (Refund Policy)

1. Credits purchased or recharged may be refunded within 7 days of the payment date, provided the credits have not been used, in accordance with Article 20 (Right of Withdrawal). However, refunds are not available for paid credits that have already been used or for credits provided free of charge.  
2. Members who have selected a yearly or monthly automatic recharge option may cancel automatic recharging before the next payment cycle begins. Credits already recharged may be used until their expiration date. If a member requests a refund for a remaining balance equivalent to 40% or less of the total amount paid after the final recharge, before the expiration date but after the withdrawal period under Paragraph 1 has passed, a refund will be processed according to established procedures.  
3. Members wishing to withdraw under Article 3 of this Agreement must use any accumulated credits in accordance with these terms before the withdrawal request date. Unused paid credits may be refunded under Paragraph 2 before withdrawal.

Article 17 (Conclusion of Paid Service Usage Agreement)  

1. The types, prices, payment methods, currencies, base exchange rates, and pricing policies of paid services available to Members are posted on the Company’s website. Members must thoroughly review and understand the content of the paid services and payment methods posted on the website in advance, and by registering a payment method (credit card, etc.), conclude and commence the paid service usage agreement between the Company and the Member.  
2. The Company may provide a free trial period for a certain duration to Members who purchase paid services. The provision of a free trial period and its duration may be changed at any time, and the details will be announced before the purchase of the paid service.  
3. The usage period for paid services begins the day after the free trial period ends (if applicable), or from the date specified by the Member at the time of purchase (if no free trial is applicable).  

Article 18 (Payment for Paid Services)

1. Members can choose from various payment options (credit card, credit, etc.) provided by the Company to pay fees. The Company may charge a discounts or surcharges based on the Member’s selected Add-ons (API additional features based on Member’s choice) settings and calculate the final fee, including any promotional or event benefits. Members must pre-register a payment method on the website to pay service fees.  
2. If unpaid fees occur, the Company may suspend the service after prior notice and reissue an invoice with a late fee (1.5% of the unpaid amount per month). If a Member fails to pay service fees, the Company may suspend or terminate service provision in accordance with these Terms.  
3. Members are responsible for verifying the accuracy of the information entered for fee payment (top-up amount, payment cycle, credit card number, etc.) and bear all liability and disadvantages arising from inaccuracies.  
4. Members must pay fees all applicable taxes as determined by the tax laws of the Company’s jurisdiction.  
5. Separate payment policies may apply to Members using services through events or promotions.  
6. Members may only use the Service within the legally permitted scope defined by these Terms or the contract. In cases of unauthorized duplication, granting usage rights to third parties, or other improper use, the Member may be liable for a penalty (up to 10 times the total service fee that should have been paid normally from the start of such actions).

Article 19 (Notification of Changes to Payment Information)

Members must always keep payment-related information, such as contact details and payment methods, up to date. If any changes occur to payment-related information, members must promptly notify the Company without delay. Members shall bear all disadvantages and liabilities arising from delayed notification of changes to payment information, including service suspension or termination.  

Article 20 (Withdrawal of Subscription, etc.)

1. Members may withdraw their subscription in accordance with relevant laws, including the Act on Consumer Protection in Electronic Commerce, Etc
2. If a member has prepaid usage fees under a prepayment system, they may request cancellation of the usage agreement and a refund within 7 days from the date of contract signing or payment, provided they have not started using the paid service. In such cases, the Company shall refund the full amount paid by the member.  
3. Before concluding a paid service agreement, the Company shall clearly inform members of the conditions for subscription withdrawal and cases where withdrawal may be restricted. The Company may also provide free trial opportunities or sufficient information to help members make informed decisions, allowing them to preview the paid service.  
4. Members may request subscription withdrawal through the Customer Support Center and formally raise objections regarding usage fees. During this process, members must provide details such as usage records, payment history, and reasons for the refund request. The Company shall review the objection within 7 business days of receipt and notify the member of the result. If the Company fails to notify the member within the specified period, it shall inform the member of the reason for the delay.  
5. If the Company deems the member’s request valid after review, a refund shall be processed within 3–5 business days. Refunds shall be made to the original payment method and currency. Members may choose to offset the overpaid amount against the following month’s usage fees.  
6. The Company may update its refund policy at any time. Any changes shall be announced by posting the new policy on the website.  
7. Matters not specified in this Article shall be governed by relevant laws.

Article 21 (Management of Personal Information)

1. The company implements necessary technical and administrative protective measures to prevent the loss, theft, leakage, alteration, or damage of members' information in accordance with its personal information processing policy. Upon termination of these terms or the contract, the company shall promptly destroy the member's information, except in cases where retention is required by other laws or regulations or when the member has provided separate written consent.  
2. Except in cases where the member has consented or where exceptions are stipulated by law, the company may retain the member's information only to the extent necessary for the performance of these terms. The company shall not use the information for purposes other than those specified or disclose it to third parties. However, the company may entrust the processing of members' information to a third party, in which case the details of the entrusted tasks and the recipient shall be disclosed to the member in accordance with the personal information processing policy.

Article 22 (Member-Input Data) 

1. Members must not input data into the Service that infringes upon others’ personal information, portrait rights, intellectual property rights, rights, reputation, personality, trade secrets, etc., or violates laws such as the *Act on Promotion of Information and Communications Network Utilization and Information Protection* (hereinafter "Information and Communications Network Act") or the Copyright Act, without the consent or approval of the lawful holder, disposer, or owner of such rights. By inputting data into the Service, members warrant that they possess all lawful authority required for such data input and that the content of the member-input data is lawful. If data violating this Article is inputted, the Company shall not be liable for any disputes arising therefrom.         
2. If a member inputs data containing others’ personal information, the member must, at their own responsibility, take all measures required under the *Personal Information Protection Act* for inputting data containing personal information. If the Company needs to take any measures, the member must notify the Company of such fact to enable the Company to take the necessary actions.  
3. Members retain ownership of all data inputted during the Service usage and all outputs or results generated therefrom.  
4. The Company does not store input/output data via APIs and does not use it for service research and development or AI model training.  
5. Provided, For *Asynchronous APIs* only, input data is stored until inference completion (within a maximum of 3 days), and output data is stored for 30 days after inference, but not used for research and development or AI model training.  
6. Input/output data from the Website (including Upstage Console and AI Space) may be stored and used within the scope necessary for service provision and improvement, AI technology research and development, and compliance with relevant laws until the member’s account is deleted.  
7. If the Company provides APIs through a third-party AI service, the processing of members’ input data follows the third party’s usage policy. The Company does not store data or use it for service research and development or AI model training under Paragraph 4.  
8. If individual services changed or added by the Company for Service provision require a different data policy than this Article, the Company may apply such policy after notifying members in accordance with Paragraph 4 of Article 8 or obtaining separate consent.  
9. If the Company receives a report that rights have been infringed by data inputted by a member or discovers such infringement, the Company may take measures such as deletion or access blocking of the relevant content in accordance with its rights infringement reporting procedures, within the scope prescribed by applicable laws.

Article 23 (Service Copyright and Usage Rights)

1. When a member agrees to these Terms, the Company grants the member a non-transferable, limited license to use the Service, and may not be sublicensed. The member may use the Service and its outputs only within the scope of the Service's intended purpose, as specified in these Terms.  
2. The member acquires no rights beyond the limited usage rights related to the Service. All intellectual property rights, including copyrights, trademarks, and other rights related to the Service, its information, data, and content, belong to the Company (or the original rights holder). The member must not infringe upon these rights by copying, modifying, altering, or engaging in any other unauthorized acts. If a member violates the Company's intellectual property rights, the Company may take civil or criminal legal action against the member.

Article 24 (Company Liability)

1. Except as explicitly stated in these Terms, the Company shall not be liable for any damages specified in the following cases, within the limits permitted by applicable laws:  
   
   • Damages arising from natural disasters or unavoidable force majeure circumstances equivalent thereto.  
   • Damages caused by a Member’s fault or negligence that hinders service usage.  
   • Damages resulting from unauthorized third-party access to or use of the Company’s servers.  
   • Damages caused by third-party interference with data transmission to or from the Company’s servers.  
   • Damages caused by third-party transmission or dissemination of malicious programs.  
   • Damages arising from the omission, loss, or destruction of transmitted data.   
   • Damages (e.g., defamation) incurred by third parties during service usage.  
   • Damages caused by reasons other than the Company’s intentional or grossly negligent acts.  

2. Within the limits permitted by applicable laws, the Company shall not be liable for indirect, special, consequential, or punitive damages arising from or related to a Member’s use of the service.  
3. Since service access rights are granted based on account information, the Company is not responsible for accidents or losses due to management negligence, and all management and liability for account information rest with the Member.
4. The Company does not intervene in disputes arising between Members or between Members and third parties related to the service.  
5. Unless the Company acted intentionally or with gross negligence, the maximum liability for damages, losses, or legal claims arising from contractual, tort, or other legal causes, regardless of the basis, shall be limited to the total amount paid by the Member to the Company for service fees during the six months preceding the date of the incident.

Article 25 (Member’s Responsibilities)  

1. In the event of a dispute arising from any of the following reasons, the member shall indemnify, defend, and hold the Company and its stakeholders harmless from such disputes, ensuring they do not suffer any damages, and shall compensate the Company and stakeholders for any losses incurred.  
   
   • If the member violates these Terms, individual service agreements, or relevant laws and regulations.  
   • If the Company investigates matters suspected of violating these Terms, individual service agreements, or relevant laws and regulations, or takes action upon determining that a violation has occurred.  

2. In cases where the member is liable to compensate the Company for damages, the scope of compensation shall include, but not be limited to, the Company’s legal fees, expenses, and other damages.

Article 26 (Sanctions and Restrictions)

1. The Company may restrict the Member’s use of the Service in stages—through warnings, temporary suspension, or permanent termination—if the Member violates any obligations under these Terms or disrupts the normal operation of the Service:  
   
   • Failure to pay Service fees  
   • If the Member’s “Application, etc.” engages in the following acts:  
   • Accessing the Service system without proper authorization or exceeding permitted access rights  
   • Damaging, destroying, altering, forging, or obstructing the operation of the Service system or data  
   • Sending large volumes of signals or data to the Service system or causing it to process fraudulent commands  
   • If the Member’s “Application, etc.” is reasonably suspected of being hacked or infected with viruses or malware  
   • If the Member’s “Application, etc.” is confirmed to lack proper security updates, posing a risk to the Company’s Service operations  
   • If the Service is used with the intent to harm national or public interests  
   • If the Service is used for criminal acts or actions violating public decency or order  
   • If the Member’s “Application, etc.” is reported or confirmed to contain the following illegal content:  
     
     • Content that defames or insults others    
     • Content that infringes on others’ rights (copyrights, trademarks, portrait rights, etc.)     
     • Any other violations of applicable laws, these Terms, or usage conditions by the  Member  

2. The Company may restrict use if a Member has not used the Service for over one year, for the protection of Member information and operational efficiency. 
3. The Company will notify the Member in advance or after restricting Service use under this Article.  
4. Members may file objections with the Company regarding restrictions imposed under this Article, and if the Company deems the objection valid, it will immediately reinstate Service access.  
5. The Company shall not be liable for damages to the Member or third parties resulting from restrictions under this Article, provided such restrictions are based on legitimate grounds.

Article 27 (Language)  

All means of communication posted or notified by the Company under these Terms shall be in Korean. In such cases, the Company may provide an English translation alongside the Korean version for the convenience of Members. However, if the Company provides, posts, or notifies an English translation of these Terms, the Korean version shall take precedence in the event of any discrepancies between the Korean version and the English translation. Nevertheless, Members may choose to communicate with the Company in either Korean or English.  

Article 28 (Dispute Resolution)  

1. These Terms shall be governed by the laws of the Republic of Korea.  
2. If a dispute arises between the Company and a Member regarding the use of the Service, the Company shall negotiate in good faith to resolve the matter. If unresolved, either party may file a lawsuit with the competent court under the Civil Procedure Act.  
3. Special Provision for U.S. Customers.
   For individuals residing in the United States or corporations headquartered in the United States (“U.S. Customers”), all disputes arising from these Terms or the Services shall be governed by the laws of the State of California. The parties (Upstage and U.S. Customers) agree to exclusively resolve any disputes through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in California and be conducted in English. The results of the binding arbitration shall be final and binding on both parties.

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Addendum
‍These Terms shall become effective as of November 4, 2025
Previous Version (Effective March 25, 2025 ~ November 3, 2025)

‍Disclaimer: Governing Law

Please note that these Terms have 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.