Terms of Service
Chapter 1 General Provisions
Article 1. (Purpose)
The purpose of this Terms of Service is to prescribe the rights, obligations, and responsibilities of the Company and its members and other necessary matters concerning the use of the NetsPresso Service (hereinafter referred to as the “Service(s)”) provided by Nota Inc. (hereinafter referred to as the “Company”).
Article 2. (Definition)
① The terms used in this Terms of Service have the meaning set forth below:
“Member” means a person who enters into a service agreement pursuant to this Terms of Service, and uses the Services provided by the Company.
“Service(s)" means the NetsPresso service which is a hardware-aware AI model optimization platform that automates the development process of AI models, and all of its associated services.
“Paid Service(s)” means any service provided by the Company for a fee.
“Payment” refers to the act of a Member selecting a payment method and entering financial information to use the Paid Services offered by the Company.
“Credit” is a type of point granted to Members for using the Company’s services or for paying for Paid Services, which can be used as a means of payment within the service.
“Content(s)" means all contents provided by the Company to its Members in connection with the provision of the Services such as symbols, texts, voices, sounds, pictures, videos, figures, colors, and images (including any combinations of such content).
② Except as otherwise provided in Paragraph ①, the terms used in this Terms of Service shall have the meanings set forth in the applicable laws and each Service policies, and those not provided therein shall be subject to general commercial practices.
Article 3. (Effect and Change of Terms of Service)
① This Terms of Service shall take effect when the Company publishes the contents of this Terms of Service on the Company's website (netspresso.ai, hereinafter the referred to as the “Website”) or notifies the users by other methods (e-mail, messenger, consent window upon login, etc.) and the user, who agrees to the contents, becomes a Member by subscribing to the Services.
② The Company may amend this Terms of Service to the extent that it does not violate the applicable laws and shall announce the effective date of the amended Terms of Service and the reasons for the amendment along with a copy of the then-current Terms of Service in accordance with the method set forth in Paragraph ① during the seven (7) days prior to the day the amended Terms of Service is to take effect. However, if any material rights or obligations of the Members are to be amended, the Company shall announce the amendment by the above method thirty (30) days prior to the effective date of the amended Terms of Service and notify the Members in accordance with the method set forth in Article 7, Paragraph ③.
③ A Member shall be deemed to have consented to the amended Terms of Service, if they do not explicitly express his or her rejection of the amended terms prior to the effective date of the amended Terms of Service, even after the Company announced or notified the Members of the amended Terms of Service pursuant to Section 2, stating that Members shall be deemed to have agreed to the amended Terms of Service if the Members do not express their rejection of the amended Terms of Service prior to its effective date. The Service may not be available to Members who do not consent to the amended Terms of Service, and Members may suspend their use of the Service and terminate their service agreement.
Article 4. (Conclusion and Application of Service Agreement)
① A service agreement is concluded when a person who intends to use the Service (hereinafter referred to as the "Applicant") consents to the contents of this Terms of Service, applies for the use of the Services, and such application is approved by the Company.
② The Company may reject any application that falls under any of the following subparagraphs. The user may not claim his or her rights as a Member under this Terms of Service, and the Company may cancel or terminate the service agreement without refund, if a cause under the following subparagraphs is found after the execution of the service agreement.
Where an Applicant uses a fake name or the name or information of another person
Where an Applicant has entered false information or failed to meet the application requirements
Where an Applicant uses the Service through an abnormal or indirect method in a country where the Company has not provided the Services
Where an Applicant applies for the Service with the purpose of undermining the social well-being, order, and public moral or to conduct any act prohibited by applicable laws
Where an Applicant is re-applying after being deprived of membership due to violating the Terms of Service
Where an Applicant is under the age of fourteen (14)
Where approval is regarded inappropriate for reasons equivalent to each subparagraph
③ The Company may withhold its consent upon the occurrence of any of the following subparagraphs until the cause is resolved.
Where the Company lacks facilities, have instable network, have difficulty in supporting certain mobile devices, or have technical difficulties
Where there is disruption in the Services or in the Service fee or payment method
Where there is an occurrence of an event that is beyond the control of the Company such as war, accident, natural disaster, or any equivalent national emergency
Where it is difficult for the Company to accept the application due to any other reason
Article 5. (Terms of Service and Regulations)
① If necessary, the Company may prescribe individual terms of services and announce them on the Website or in accordance with Article 7, Paragraph ③. Member’s consent for such individual terms of services shall be obtained through a separate consent process. In this case, the individual terms of service takes precedence over this Terms of Service.
② Matters not stipulated in this Terms of Service or any individual terms of services and the interpretation of this Terms of Service shall be governed by applicable laws or general commercial practices.
Chapter 2 Personal Information
Article 6. (Protection of Personal Information)
The Company endeavors to protect the personal information of its Members as prescribed by applicable laws, and comply with applicable law and the Company’s privacy policy regarding the protection and use of the personal information. However, the Company's privacy policy shall not apply to any linked services other than the Services provided by the Company.
Chapter 3 Obligations of Contracting Parties
Article 7. (Obligation of the Company)
① The Company shall comply with the obligations set forth in this Term of Service and applicable laws in good faith.
② In order to provide continuous and stable services, the Company shall use its best efforts to repair or restore disrupted facilities or data, etc. without delay, in the event any disruption occurs in the facilities or data, etc. while making improvements to the Services. Such obligations shall not apply in the event of force majeure, such as natural disasters, emergencies, obstacles or defects that cannot be solved with current technology.
③ The Company shall notify Members by e-mail, text message, etc. However, if the notice is to be given to all Members, individual notices to Members could be substituted by posting the notice on the Website or presenting a pop-up screen for more than seven (7) days.
Article 8. (Obligation of the Member)
① Members shall not engage in any acts under the following subparagraph.
Using false information or other people’s information when applying for the Service or changing the Service
Changing any information posted by the Company or engaging in an act that impairs the Service
Producing, distributing, using, advertising, transmitting, or posting computer programs, codes, equipment, or devices that have not been provided or approved by the Company
Intentionally transferring, posting, distributing, or using virus, computer code, file, or program designed to interfere with or destroy the normal operation of telecommunications equipment; or using information (computer program, file, source code, etc.) or computer software or hardware that is prohibited from being transmitted or posted by law
Collecting, storing, posting, and distributing the personal information of other Member’s or their account information without authority
Reproducing, disassembling, imitating, or modifying the Service by reverse engineering, decompiling, disassembling or by any other processing activities
Disrupting the Company’s normal Services by causing the Company’s server to overload by using the Service in a manner that is contrary to its normal usage, such as using an automatic access program, etc.
Granting access to one’s account to a third party, such as lending or transferring the Member’s account.
Infringing the intellectual property rights, such as copyrights, of the Company or other third parties
Damaging the reputation or obstructing the business of the Company or other third parties
Using the Service for purposes other than its original purpose, such as for profit, sales, advertising, public relations, political activities, and election campaigns, without the consent of the Company
Reproducing, distributing, or manipulating information obtained using the Company’s Services without permission, or using the Service by exploiting known or unknown bugs
Obtaining profit by taking advantage of or deceiving others or causing damage to others in connection with the use of the Company's Services
Any other illegal acts or acts pursuant to unjustifiable means and purposes
② Members shall safely manage the access right and access method, such as mobile devices, etc. to their accounts registered on the Website and shall be responsible for any appropriation of their account or the misuse of services caused by reasons attributable to the Member.
③ Members shall take utmost care not to disclose his or her personal information and shall immediately notify the Company of any changes to the terms of their service agreement, such as their phone number or e-mail address, etc., through the relevant procedures
④ Members shall comply with this Terms of Service and any other matters notified by the Company in connection with the Service and shall be liable for all loss and damages incurred from the violation or failure to comply with this Terms of Service or notices.
Chapter 4 Use and Payment of Services
Section 1 Provision of Services
Article 9. (Service Provisions)
① The Company shall immediately make the following Services available to Members who have executed a service agreement pursuant to Article 4. However, some Services may begin on a later date specified by the Company in accordance with the Company's needs.
AI model training service tailored for the target hardware (Trainer)
Compression service to compress the AI model for the target hardware (Compressor)
AI model conversion service for deploying to the target hardware (Converter)
AI model performance measurement service on the target hardware (Benchmarker)
② The Company may provide other additional services to the Members when providing the Services specified in this Terms of Service.
Article 10. (General Principles for Use of Services)
① In principle, Services shall be provided 24 hours a day, throughout the year, unless there is a particular impediment to the Company’s business or technology.
② Notwithstanding Paragraph ①, the Company may temporarily suspend all or part of its Services in the following subparagraphs. In this case, the Company shall announce the reason and period of suspension on the Website in advance. However, if unavoidable circumstances prevent the Company from announcing the suspension in advance, the Company may announce the suspension after the fact.
If the suspension is necessary for system operation, such as regular system inspection, server expansion or replacement, network instability, etc.
If it is impossible for the Company to provide normal service due to power failure, service facility failure, service overload, maintenance or inspection of key telecommunication service provider’s facilities, etc.
If a situation beyond the control of the Company occurs, such as war, incident, natural disaster, or equivalent national emergency.
Article 11. (Obligations of Members Regarding the Use of Services)
① Members who use the free Services can use the Services only for personal and non-commercial purposes. If a Member wishes to use the free Services for commercial purposes, the Member must obtain prior approval from the Company via separate e-mail (netspresso@nota.ai).
② All personal information included in files, contents, and any information uploaded by the member during use or for the use of the Services must have been processed legally.
③ The Company shall not be liable for any damages incurred to its Members or a third party due to the Member’s violation of the above paragraphs. If a Member causes damages to the Company by violating the above paragraphs, the Member shall compensate the Company for the damages incurred.
Article 12. (Authority of the Company Regarding the Use of Services)
① To the extent necessary for the provision of Services, the Company has the authority to reproduce, modify, delete, save, and transmit, etc., all files uploaded by the Member directly or generated by the Member's use of the Service.
② If a Member utilizes his or her personal server (meaning local or cloud server owned by the Member) in connection with the use of the Services, the Company may communicate with and utilize the personal server from time to time to the extent necessary to provide the Service.
Article 13. (Change and Suspension of Services)
① To ensure smooth delivery of Service, the Company may change the Service according to its operational or technical needs and shall notify the changes within the Service prior to the change. However, if changes are inevitable, such as bug corrections, errors, or urgent updates, or does not constitute a material change, the Company may notify the change after the fact.
② The Company may terminate a Service if there are difficulties in providing the Service due to material management reasons, such as abolishment of the business due to the transfer, division, merger, etc. of the business, expiration of the content provision agreement, or significant deterioration of profit from the Service. In this case, the Company shall announce the date and reason for the suspension on the Website and other service provision screens thirty (30) days prior to the suspension date and notify Members through the manner set forth in Article 7, Paragraph ③.
Article 14. (Advertisement Provisions)
The Company may display advertisements within the Service in connection with the operation of the Services. In addition, the Company may send advertisements to its Members who have consented to the receipt of such information, through e-mail, text service (LMS/SMS), etc. In this case, Members may refuse to receive advertisements at any time, and the Company shall stop sending the advertisements upon the Member’s refusal.
Article 15. (Attribution of Copyright etc.)
① The copyright and other intellectual property rights for all Content, technology, and Services produced by the Company will be attributed to the Company.
② The copyright and other intellectual property rights for any work product produced by the Member’s use of the Service will be attributed to the Member. However, the Member shall grant the Company a worldwide license to use such copyrights and other intellectual property rights for non-commercial purposes, including without limitation, the right to use, store, revise, reproduce, transmit, display, and distribute the work product produced by the Member’s use of the Services.
③ If a Member’s legal interests is violated due to any information posted on the Company’s bulletin board, the Member may request the Company to delete the information or to upload a post refuting the posted information through e-mail (netspresso@nota.ai). In this case, the Company shall take necessary measures in accordance with the applicable laws and notify the Member of such measures.
④ This Article will remain valid during the Company's operation of the Services and will survive the withdrawal of the Member’s membership.
Section 2 Payment and Fees
Article 16. (Service Fees)
① Members can find information related to the fees for paid services on the Company's website. Fees are based on a regular billing cycle (monthly or annually) and are automatically charged to the payment method registered by the member for fee payment.
② One-time or occasional additional service-related costs will be billed at the time agreed with the member, and the member must pay the total amount if there are no objections.
③ The service usage period is calculated from the first fee payment date based on the payment cycle chosen by the member, with the next service expiration date set based on the last service expiration date, regardless of the payment date.
④ Late fees may be applied in case of non-payment or delayed payment.
Article 17. (Refunds)
① In the event of service termination, the remaining service period after termination will be calculated on a prorated basis.
② If the member is unable to use the service due to the Company's fault, the full amount paid will be refunded.
Article 18. (Fee Changes)
The Company reserves the right to convert free services to paid services or to change the fees for paid services. Fee changes will occur after prior notice, and the changed fees will apply after the change becomes effective. If members do not agree with the changed fees, they may discontinue using the service or terminate the agreement.
Article 19. (Taxes and Related Costs)
Fees may include taxes, related fees, and other government-imposed charges, which will be the responsibility of the member.
Article 20. (Credit)
① The Company may grant credit to members for using the service or paying for paid services based on criteria separately established by the Company.
② Members may use credit to pay for services as specified by the Company.
③ Credit may be prorated and reclaimed in the event of cancellation of paid service payment or mid-term termination of the service, and will expire after a period specified by the Company.
Section 3 Service Usage Restrictions
Article 21. (Restrictions on the Use of Services for Members)
① The Company may restrict a Member’s use of the Services if the Member violates its obligations under this Terms of Service or interferes with the normal operation of the Services.
② If the Company restricts the Member’s use of the Services pursuant to Article 21, Paragraph ①, the Company shall notify the Member of the following:
Reasons for restriction of use
Type and duration of restriction
Method of filing an objection regarding the restriction of use
③ The Company may temporarily suspend the Member’s account from using the Services until the investigation is completed in any of the following occurrences:
If an account has been hacked or stolen, or a legitimate report has been filed claiming that the account has been used for crime
If provisional measures regarding the use of the Services is required for any other equivalent reasons
Article 22. (Procedure for Filing an Objection Regarding the Restriction of Use)
① If a Member wishes to object to the Company's restriction of use, the Member shall submit an objection to the Company in writing, e-mail, or any other equivalent manner within fourteen (14) days from the date of receipt of notice regarding the restriction of use.
② The Company shall provide the reasons for the restriction in writing, e-mail, or any other equivalent manner within fourteen (14) days from the date of receipt of the objection under Article 22, Paragraph ①. However, if it is difficult for the Company to respond to the Member within this period, the Company will notify the Member of the processing schedule and the reasons for the delay.
③ If the Member’s reason for the objection is valid, the Company shall immediately take appropriate actions accordingly.
Chapter 5 Termination of the Service Agreement
Article 23. (Termination)
① Members who wish to stop using the Services may terminate the service agreement at any time by withdrawing their membership. Upon the withdrawal of the Member’s membership, all information regarding the Member’s use of the Services that is retained in the Service shall be deleted and unrecoverable, unless otherwise specified in the privacy policy.
② The Company may suspend the use of the Service or terminate the service agreement if there is a significant reason as to why the service agreement cannot be maintained, such as the Member’s engagement in an act that is prohibited by this Terms of Service or violates applicable laws.
Chapter 6 Compensation for Damages and Indemnification, etc.
Article 24. (Compensation for Damages)
① If the Company or a Member causes damages to the other party by violating this Terms of Service, the violating party shall compensate the other party for all damages incurred. However, this shall not apply if the damages are not caused by the intentional misconduct or negligence of the Company.
② If a Company provides individual services to a Member under a partnership agreement with an individual service provider, and if the Member has consented to the individual terms of service, the individual service provider shall be responsible for all damages caused by its intentional misconduct or negligence. However, this shall not apply if the damages are caused by the intentional misconduct or negligence of the Company.
Article 25. (Company’s Indemnification)
① The Company shall not be liable for any Service provision if the Service cannot be provided due to a force majeure event such as natural disasters or any other equivalent force majeure.
② The Company shall not be liable for any damages suffered by the Members due to any of the following causes. However, this shall not apply if the damage was caused by the intentional misconduct or negligence of the Company.
Where the Service is not available due to repair, replacement, regular inspection, construction, etc., or any other equivalent causes of the service facilities
Where there is disruption in the use of Services due to the intentional misconduct or negligence of the Member
Where there are transactions or disputes between the Members or between a Member and a third-party
Where the use of the Services were provided for free
Where the benefits that the Member expected to attain from the use of the Service have not been attained
Where the Member information is disclosed due to the Member not managing his or her account password, mobile device password, or password provided by an open market operator
Where a Member is unable to use all or part of the Content due to the Member changing his or her mobile device, mobile device number, operating system (OS) version, carrier, or due to overseas roaming, etc.
Where the Member has deleted the Contents or account information provided by the Company
Where there are illegal access to the server by a third party, or illegal use of the server, or abnormal disruptions to the Service through programs
Other grounds equivalent to each of the subparagraphs for which the cause is not be attributable to the Company.
③ The Company shall not be liable for any damages suffered by the Company or any third Party if the damages were caused by the Member's intentional misconduct or negligence in connection with the use of Service.
Article 26. (Jurisdiction and Governing Law)
This Terms of Service is governed by and construed in accordance with the laws of the Republic of Korea. If a lawsuit is filed due to a dispute between the Company and its Member, the dispute shall be brought to court of competent jurisdiction pursuant to the Civil Procedure Act.
Article 27. (Member Support and Disputes Resolution)
① For the convenience of the Members, the Company shall provide in the Service or a linked screen, the method by which Members can present their opinions or complaints to the Company.
② If the Company recognizes that the opinions or complaints raised by Members are objectively justifiable, the Company shall promptly process the opinion or complaint within a reasonable period. However, if such process takes time, the Company shall notify the processing schedule and the reasons for the delay in the Service or in accordance with Article 7, Paragraph ③.
Article 28. (Priority of Individual Agreements)
In the case there are agreements between the Company and a Member regarding matters stipulated in this Terms of Service that differ from the content of this Terms, such agreements shall take precedence over this Terms.
Addendum (2024. 02. 05.)
This Terms of Service shall come into effect on February 5th, 2024.
