These terms and conditions apply to the services provided by Motif Technologies Co., Ltd. (hereinafter referred to as 'the Company') and the website https://model-hub.motiftech.io (hereinafter collectively referred to as 'the Service'). These terms and conditions constitute the agreement between you and the Company, and include important provisions regarding the Company's service terms and dispute resolution through arbitration. By using the Service, you are deemed to agree to these terms and conditions.
The Company's Privacy Policy explains how the Company collects and uses personal information. Although it does not form part of these terms, it is an important document, and we encourage you to read it carefully.
The Company conducts research and provides AI services. For more information about the Company, please visit https://motiftech.io.
Minimum Age
The minimum age to agree to use the Service is 13 years old or the age required by your country. If you are under the age of 18, you must obtain parental or legal guardian consent to use the Service.
Registration
Please provide accurate and complete information for account registration to use the Service. You are responsible for all activities that occur on your account and may not share your account credentials or allow others to access your account. If you create an account or use the Service on behalf of another person or entity, you must have the authority to accept these terms on their behalf.
Permission to Use
Subject to compliance with these terms and conditions, you may access and use the Service. In using the Service, you must comply with applicable laws, the Company's sharing and disclosure policies, usage policies, and any other documents, instructions, or policies provided by the Company.
Prohibited Acts
The Service may not be used for illegal, harmful, or malicious activities. For example, the following actions are prohibited:
Using the Service in a manner that infringes, abuses, or violates the rights of others.
Modifying, copying, renting, selling, or distributing the Service.
Attempting to reverse engineer, decompile, or uncover the source code or underlying components of the Service, including the model, algorithm, and systems, or assisting others in doing so (except where such restrictions are prohibited by applicable law).
Automatically or programmatically extracting data or output (as defined below).
Representing output as human-generated when it is not.
Circumventing fee limits or restrictions or interfering with or disrupting the Service, including bypassing protections or safety mechanisms installed by the Company.
Using output to develop models that compete with the Company.
Feedback
You are deemed to agree that the Company may use your feedback without any limitations or compensation.
Your Content
You may provide input ("Input") to the Service and receive output ("Output") based on that Input. Input and Output are collectively referred to as "Content." You are responsible for ensuring that your Content does not violate applicable laws or these terms. You represent and warrant that you hold all necessary rights, licenses, and permissions to provide Input to the Service.
Ownership of Content
To the extent permitted by applicable law, you and the Company retain ownership of (a) your ownership of the Input and (b) your ownership of the Output. The Company will transfer to you any rights and ownership the Company holds over the Output.
Similar Content
Due to the nature of the Service and AI in general, the Output may not be unique, and other users may receive similar Output from the Service. The Company’s transfer of ownership does not apply to Output from other users or third-party Output.
Use of Your Content by the Company
The Company may use your Content for the provision, maintenance, development, and improvement of the Service, to comply with applicable laws, to enforce the Company's terms and policies, and to ensure the safety of the Service.
Opt-Out
If you do not wish your Content to be used for the Company’s model training, you may opt out following the procedure in the customer service documentation. Please note that opting out may limit the ability of the Service to respond to your specific use case.
Accuracy
The Company continually strives to improve the Service's accuracy, reliability, safety, and usefulness. Considering the probabilistic nature of machine learning, the Output may occasionally not accurately reflect actual people, places, or facts.
By using the Service, you acknowledge and agree to the following:
The Output may not always be accurate.
The Output should not be used as the sole source of truth or as a substitute for professional advice.
You should review the accuracy and appropriateness of the Output, including appropriate human review, before using or sharing the Output.
Output related to individuals should not be used for making legal or significant decisions, such as those related to credit, education, employment, housing, insurance, law, medical matters, or other important decisions.
The Service may, independently of the Company, provide incomplete, inaccurate, or offensive Output.
If the Output refers to third-party products or services, it does not imply approval by or affiliation with the Company.
The Company and its affiliates retain all rights and ownership of the Service.
Billing
If you purchase the Service, you must provide complete and accurate billing information, including a valid payment method. For paid subscriptions, your payment method will be automatically charged on the agreed renewal date until you cancel the subscription. You are responsible for all applicable taxes, and the Company may charge taxes if necessary. If your payment is not completed, the Company may downgrade your account or suspend access to the Service until payment is made.
Service Credits
For some services, you may purchase service credits in advance. All service credits are subject to the Company's service credit terms.
Cancellation
You may cancel your paid subscription at any time. Except as required by law, amounts paid are non-refundable. These terms take precedence over any local mandatory regulations regarding your right to cancel.
Changes
The Company may change prices from time to time. If the subscription fee is increased, the Company will notify you at least 30 days in advance, and the price increase will take effect from your next renewal. If you do not agree with the price increase, you may cancel your subscription.
Termination
You may discontinue your use of the Service at any time. The Company has the right to suspend, terminate, or delete your account if any of the following conditions occur:
You violate these terms or the Company's usage policies.
Compliance with laws requires it.
Your use of the Service may cause harm or risk to the Company, its users, or others.
If your account has been inactive for over a year and you have no paid account, the Company may terminate your account. You will be notified in advance in such cases.
Appeal
If the Company believes your account was mistakenly suspended or terminated, you can contact the business development team to appeal the decision.
The Company may decide to discontinue the Service, but in such cases, advance notice will be given, and any unused prepaid services will be refunded.
The Service is provided "as is." Except where prohibited by law, the Company, its affiliates, and licensors make no explicit or implied warranties with respect to the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and enjoyment, and all warranties arising from the course of dealing or use are disclaimed. The Company does not guarantee that the Service will be uninterrupted, error-free, or that its content will be secure or free from loss or alteration.
The risk associated with using the Output from the Service is borne solely by you, and you agree not to use the Output as the sole source of truth or facts or as a substitute for professional advice.
The Company and its affiliates are not liable for any indirect, incidental, special, consequential, or punitive damages, including damages for loss of use, data loss, or any other losses, even if the Company was aware of the possibility of such damages. The Company's liability under this Agreement is limited to the greater of the amount you paid for the Service during the 12-month period preceding the event giving rise to the claim or $100. This limitation of liability applies to the maximum extent permitted by applicable law.
In some countries or regions, certain disclaimers of warranties or limitations on specific damages may not be allowed, so all or part of these terms may not apply to you, and you may have additional rights. In such cases, this Agreement limits the Company’s liability to the maximum extent allowed by the laws of your country of residence.
If you are a business or organization, to the extent permitted by law, you agree to indemnify and hold the Company, its affiliates, and its employees harmless from any claims made by third parties arising from your use of the Service and Content or from a breach of this Agreement. This indemnity includes covering all costs, losses, liabilities, and expenses (including attorneys' fees).
You and the Company agree to the following mandatory arbitration and waiver of class actions:
Mandatory Arbitration
You and the Company agree to resolve any disputes arising from this Agreement or the Service (a "Dispute") through final and binding arbitration, regardless of when the claim arises, even if before the Agreement was made. You may reject the arbitration agreement by submitting a rejection form within 30 days after creating an account or within 30 days after modification of the arbitration terms. If you reject the modification, the final agreed arbitration terms will apply.
Informal Dispute Resolution
The Company strives to understand and resolve your concerns before resorting to formal legal action. Before filing a lawsuit, you and the Company agree to attempt informal resolution. By submitting an informal dispute resolution form, you agree to this process. The Company will notify you via the email address associated with your account. If the dispute is not resolved within 60 days, either party may initiate arbitration. If either party requests an individual settlement meeting, both parties agree to participate. The statute of limitations will be paused during the informal resolution process.
Arbitration Jurisdiction and Rules
All disputes arising from this Agreement will be resolved by arbitration in Korea under the Korean Commercial Arbitration Rules of the Korea Commercial Arbitration Board (KCAB).
Waiver of Class Actions and Jury Trials
You and the Company agree to bring disputes individually, and neither party may bring or be a member of any class action, collective action, or representative action. Class arbitration, class actions, and representative actions are prohibited. Only individual relief is available. After arbitration has concluded, the parties may agree to pursue injunctions separately in court. This does not prevent a party from participating in a class settlement. You and the Company waive the right to a jury trial in the event of a lawsuit or counterclaim.
Batch Arbitration
If 25 or more claimants, each represented by the same or similar legal counsel, initiate substantially similar disputes and apply for arbitration within 90 days, you and the Company agree to have the arbitration managed in batches by NAM. NAM will group claimants into batches of up to 50 people (with the batch size increasing if the total number of claimants exceeds 50) and manage them as a single consolidated arbitration with one arbitrator, one arbitration fee, and a single hearing in a virtual or physical meeting place as determined by the arbitrator. If any part of this provision is found to be invalid or unenforceable with respect to a specific claimant or batch, that part will be separated, and arbitration will proceed individually.
Severability
If any part of these arbitration terms is deemed unlawful or unenforceable, the remainder will remain in effect. However, if partial unlawfulness or unenforceability results in the allowance of class arbitration, class actions, or representative actions, then this entire dispute resolution provision will become unenforceable.
If you believe that your intellectual property rights have been infringed, please send a notice to the following address. The Company may remove or deactivate content that it believes violates these Terms of Service or is claimed to infringe, and may terminate the accounts of repeat offenders as appropriate.
19th Floor, Gangnam Building, 396 Seocho-daero, Seocho-gu, Seoul, South Korea
A written claim of copyright infringement must include the following information:
The actual signature or electronic signature of the person authorized to act on behalf of the copyright owner.
A description of the copyrighted work that you believe has been infringed.
A description of where the material you claim is infringing is located on the Company’s website to allow the Company to locate it.
Your address, phone number, and email address.
A statement that, in good faith, you believe the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement that the information provided in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
Transfer
You may not assign or transfer your rights or obligations under these Terms of Service. The Company may assign its rights or obligations under these Terms to its affiliates, subsidiaries, or successors in business related to the Service.
Amendments to These Terms or the Service
The Company is committed to continuously developing and improving the Service. As a result, the Company may periodically update these Terms or the Service. Such updates may occur for reasons such as:
Changes in laws or regulations.
Security or safety reasons.
Circumstances beyond the Company’s reasonable control.
Changes made as part of the typical process of developing the Service.
Adapting to new technologies.
If the changes to these Terms have a materially adverse effect on you, the Company will notify you by email at least 30 days in advance. All other changes will take effect immediately upon posting on the Company’s website. If you do not agree with the changes, you must discontinue using the Service.
Delay in Enforcement of Terms
If the Company does not enforce a provision of these Terms, it does not waive its right to enforce it in the future. Except as specified in the Dispute Resolution section, if any part of these Terms is deemed invalid or unenforceable, that part will be enforced to the maximum extent permitted, and it will not affect the enforceability of the remaining provisions.
Trade Controls
You must comply with all relevant trade laws, including sanctions and export control laws. The Service may not be used by individuals or entities in countries or regions subject to U.S. sanctions or in violation of applicable trade laws. The Service cannot be exported or re-exported to any prohibited final destination or used for any purpose prohibited by applicable laws. Your inputs may not include material or information that requires government licenses for disclosure or export.
Effectiveness of Terms
These Terms represent the complete agreement between you and the Company regarding the Service and supersede all prior agreements, except for any service-specific conditions.
Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of Korea, excluding principles of private international law. Except as specified in the Dispute Resolution section, any claim arising from or related to these Terms will be subject to the exclusive jurisdiction of the Seoul Central District Court.