Terms of Use for the X Caliber Platform Service

 

Chapter 1 General Provisions

Article 1 (Purpose)

These terms of use (hereinafter referred to as these "Terms") are established for the purpose of stipulating the conditions, procedures, rights, obligations, and other necessary matters between COVET Co., Ltd. (hereinafter referred to as the "Company") and Members (as defined below) in relation to the use of the X Caliber service provided by the Company(hereinafter referred to as the "Service").

 

Article 2 (Effect and Amendment of the Terms)

①   These Terms shall become effective for all Members who wish to use the Service.

②   The contents of these Terms shall be posted on the Website (as defined below) or notified to Members through other means by the Company. By agreeing to these Terms, these Terms shall apply to Members.

③   The Company may amend these Terms when deemed necessary. In the case of amendment, the Company shall notify Members of the reason for the amendment and the effective date of the amended Terms in the same manner as indicated in the preceding Paragraph 2 at least 7 days prior to the effective date, along with the current Terms. However, in the event of changes that are disadvantageous to Members or significant changes to Members' rights or obligations, the Company shall, at least 30 days prior to the effective date, make a public notification and provide individual notice to Members via email. (If individual notice is difficult due to the absence or change of the Member's contact information, the Company will be deemed to have provided notice by posting the amended Terms on the Website.)

④   If the Company provides notice or announcement of the amended Terms according to the preceding paragraph, and includes the statement that failure to refuse the amendment by the date of application shall be regarded as  consent, then the Member’s silence shall be deemed as consent. Should a Member not explicitly indicate their refusal by the effective date of the Terms, they will be considered to have consented to the amended Terms. Members who do not agree to the amended Terms have the right to discontinue the use of the Service and terminate an agreement for the use of the Service (hereinafter referred to as the “Service Agreement") (Withdraw from membership).

⑤   Agreeing to these Terms implies that the Member consents to regularly visit the Website of the Service operated by the Company to check for amendments in these Terms. The Company shall not be held responsible for any damages incurred by Members who are unaware of the amended Terms.

 

Article 3 (Other Applicable Rules)

①   Matters not specified in these Terms shall be governed by the "Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.", the "Act on Regulation of Terms and Conditions," the "Telecommunications Business Act," relevant laws and regulations, as well as individual Service Agreements, usage regulations, or specific guidelines provided by the Company.

②   The Company may establish provisions applicable to specific services (individual Service  Agreements or detailed usage guidelines) and notify them in accordance with the methods specified in Article 2, Paragraph 2.

③   Changes in the Company's policies related to these Terms, revisions to laws, or notices from public institutions or guidelines also constitute part of the Service Agreement, and the Company shall notify Members of such changes on the Website through the noticeboard, etc.

 

Article 4 (Definitions)

The definitions of terms used in these Terms are as follows. Interpretations of undefined terms shall follow the guidelines provided on the Website or relevant laws.

1.    Website: Refers to the web-based X Caliber website (https://xcaliber.ai) operated by the Company.

2.    Service: Refers to various AI technologies developed based on imaging equipment such as devices and device images, provided by the Company or business affiliates, and offered to Members who registered on the Website in the form of intermediation of sales between business affiliates and members, subscription (sale), billing agency, etc., according to the conditions stated in these Terms.

3.    Member: Refers to an individual who has signed up as a member of the Website, entered into the Service Agreement with the Company in accordance with these Terms, and subscribed to the use of the services provided on the Website. It also refers to an individual who has been issued an X Caliber Service Member ID and Password by the Company, following the designated format and procedure.

4.    Individual Service: Refers to services available using an X Caliber Service Member ID and is encompassed under the term 'Service' as defined in these Terms. Individual services may be added or modified in the future, and any addition or modification will be separately announced to Members through the notification method prescribed in Article 21.

5.    Member ID: Refers to the email set by the Member and approved by the Company for identification and service usage purposes.

6.    Password: Refers to the combination of letters, numbers, and special characters set by the Member for protecting their information.

7.    Authentication Key: Refers to a unique combination of alphabetic and Arabic numerals given to a Member who has applied for the Service provided by the Company or business affiliates through the Website, and has received approval for the usage of the Service from the Administrator.

8.    Administrator: Refers to an individual designated by the Company for the overall management and smooth operation of the Service.

9.    Post: Refers to various information forms such as symbols (including URLs), text, voice, sound, video (including moving images), images (including photos), etc., posted by Members using  the Service.

10.  Withdrawal: Refers to the act of a Member or the Company terminating the Service Agreement after registration.

Chapter 2 Membership Registration and Usage of the Service

Article 5 (Membership Registration and Application for Use)

①   To register for Membership and apply for usage of the Service, individuals must agree to the Terms on the membership registration screen or member information registration screen displayed on the Website. They must also fill in the necessary information as per the membership application form provided by the Company.

②   Depending on the nature of the provided service, the Company may request additional information at the time of application or require consent to separate terms (including consent to personal information processing) and identity verification procedures to be completed. In such cases, individuals intending to subscribe to and use the Service must consent to the separate terms of the Individual Service and complete the required procedures, including identity verification.

③   Some services requires the use of an authentication key issued via their respective websites.

④   For the use of the Service, Members must accurately enter their contact information (email and mobile phone number), and failure to do so may result in the Company restricting the usage of the Service.

 

Article 6 (Formation of Service Agreement)

①   The Service Agreement is established upon the Company’s acceptance of the application submitted by the individual (hereinafter referred to as the "Applicant") who wishes to become a Member.

②   Consent to these Terms constitutes the Member's agreement to all services currently provided or to be provided by the Company in the future.

 

Article 7 (Approval and Restriction of Application)

①   As a general principle, the Company shall approve the use of the Service for applications in the absence of any business or technical hindrance according to Article 6. However, the Company may defer approval or reject applications under the following circumstances, until the reasons for deferral are resolved:

1. When the Applicant uses someone else's name or personal information, such as email or mobile phone number, to falsely register as a Member.

2. When the Applicant has previously lost membership qualifications, except for cases where five years have passed since the loss of membership qualification and the individual has obtained re-admission approval from the Company.

3. When the provision of the Service is technically impossible.

4. When the Applicant omits or provides false registration information.

5. When the Applicant applies with the intention of disrupting or undermining public order or morals, or with the intention of causing such disruption or undermining.

6. When the Applicant fails to meet the requirements specified by the Company, submits an unlawful or unfair application, or when the Company finds reasons attributable to the member that prevent approval.

②   In the case where the Company defers approval or rejects the application as per Paragraph 1 of this Article, the Company shall inform the Applicant of the reason for deferral, the potential date of approval, or additional information or documents required for approval through the corresponding service screen or via email, etc.

③   For the purposes of improving service quality or other necessary reasons, the Company may classify Members into different grades and differentiate their usage time, frequency, service menu, and other relevant matters accordingly. .

 

Chapter 3 Use of the Service

Article 8 (Provision of the Service)

①   The Company provides the following services to Members:

1. Mediation of sales related to imaging equipment and handling of billing

2. Provision of AI services based on imaging equipment images

3. Other services provided by the Company or business affiliates related to the Service

②   The services listed in Paragraph 1 shall be provided according to the instructions for each service on the Website.

 

Article 9 (Usage Time and Limitations of the Service)

①   The period for providing the Service to Members extends from the date of the Company's approval of use of the Service to the termination of the Service Agreement or the termination of the Service, excluding cases where the Service is purchased. Fore purchased services, the period commences after successful authentication and completion of the purchase.

②   The Company may set usage restrictions for each service and define usage hours separately for different ranges. In such cases, the Company shall announce the details on the Website.

③   The Service is provided 24 hours a day, 365 days a year, unless there are any technical or operational obstacles. The Service may be temporarily suspended for regular system maintenance, expansion, replacement, or other tasks determined by the Company at pre-specified times. In the event of an emergency, such as critical bugs, server malfunctions, communication breakdowns, or urgent security issues, the Company may provide notice post facto if prior notice is not feasible.

 

Article 10 (Changes and Suspension of the Service)

①   The Company may change or suspend the Service, including Individual Services, based on the Company's policies and operational requirements. In such cases, the Company shall announce the changes on the Website or notify Members in accordance with the methods specified in Article 21 before implementing the changes or suspension.

②   The Company may limit or suspend all or part of the Service in the following cases:

1. In cases where unavoidable due to maintenance work on service equipment

2. In cases where normal service is disrupted due to power outages, equipment failures, excessive use, etc.

3. In cases where the Company cannot maintain the Service due to circumstances such as the termination of contracts with business affiliates (BP)

4. In cases where force majeure events such as natural disasters, national emergencies, etc., occur

5. In cases where the Company deems it appropriate for the policy and operation of new services or other necessary reasons

③   The Company may discontinue or change all or part of the free services without providing separate compensation to Members, unless otherwise specified by relevant laws.

 

Chapter 4 Fees and Management

Article 11 (Service Charges)

①   The Services are categorized into free services and paid services (fixed-rate services, usage-based services).

②   The Company shall post the fees and usage limits of paid service on the Website.

 

Article 12 (Calculation and Settlement of the Service Charges)

①   The fees for paid services are billed on a 30- day billing cycle starting from the date of application for the Service. If there is no corresponding date in the following month, the last day of the following month is used as the basis for billing.

②   During the use of a fixed-rate service, if the user changes his or her service plan, the existing fees based on the previous plan will be calculated on a daily basis and billed until the day before the change request. The changed plan will take effect from the day of the change request.

③   During the use of a usage-based service, if the user changes his or her service plan, the existing fees based on the previous plan will be calculated on a daily basis and billed until the day of the change request. The changed plan will take effect from the day after the change request.

④   When the Service Agreement is terminated, Members are required to pay the settlement amount. Unless a different billing period is specified in a separate agreement , the settlement amount refers to the unpaid fees and service usage fees for the month in which the termination was requested.

 

Article 13 (Payment and Billing for Service Usage)

①   The Company shall issue an invoice for the service usage fee to the Member via email, and the Member must pay by the specified due date.

②   The payment method for the service usage fee for the Service is by using a credit card.

③   The Company shall not be responsible for any disadvantages caused by the Members’ failure to update their email information provided during registration. In case of non-payment due to this reason, the Member must still make the payment for the outstanding fees.

④   If a Member fails to make the payment for the service usage fee within 30 days from the payment due date, the Company may terminate the Service in accordance with the procedures and method specified in these Terms and posted on the Website.

⑤   If a Member applies for automatic payment, the fee for the paid service will be automatically charged on the designated payment date and method each month, regardless of the actual usage of the paid service.

 

Article 14 (Responsibility for Payment)

The Member is responsible for paying the service usage fee for the Service. In the case of a corporate Member, the responsible party for payment of the service usage fee can be designated among the members of the corporate entity.

 

Article 15 (Objection to Invoice)

①   If a Member disagrees with the invoiced fee for the paid service, the Member may raise an objection to the Company officially within 14 days from the date of receiving the invoice, either via email or through 1:1 inquiry feature of the Service.

②   The Company shall notify the Member of the review results within 14 business days after receiving the official objection mentioned in the preceding Paragraph.

③   If the Company is unable to notify the Member within the period specified in Paragraph 2, the Company may notify the Member of the reason for the delay.

 

Article 16 (Refund of Service Charges)

①   If there is an overpayment in the service usage fees made by the Member, the Company may deduct the overpaid amount from the Member's service usage fees for the following month.

②   If the Member requests a refund for the overpaid amount mentioned in Paragraph 1, the Company shall refund the corresponding amount to the Member through the payment method used.

③   In the event that cumulative service outages attributable to the Company's fault exceeds 8 hours within one month without prior notice, the Company shall provide the Member with free service time equivalent to the duration of the downtime.

 

Article 17 (Change of Member Information)

The Member must diligently manage their own member information for the use of the Service and must update any changes to the information. The Members are responsible for any issues arising from delayed or omitted updates to their information.

 

Article 18 (Provision of Information and Advertisement)

①   The Company may provide various information related to the Services to Members through the service interface or methods such as email.

②   The Company may display advertisements related to the Service or its business affiliates' services on the service interface or provide them to Members through methods such as email after obtaining the Members’ consent.

③   Interactions or transactions resulting from using the advertisements displayed on the Service or participating in promotional activities by advertisers through the Service are entirely between the Member and the advertiser. The Company assumes no responsibility for disputes or issues arising between the Member and the advertiser, and the Member and the advertiser must resolve such matters directly.

 

Chapter 5: Obligations of the Parties to the Service Agreement

Article 19 (Company's Obligations)

①   The Company shall endeavor to provide continuous and stable services.

②   The Company shall make efforts to protect Members' personal information in accordance with relevant laws. Matters related to the protection of Members' personal information are in accordance with relevant laws and the Company's Privacy Policy.

③   The Company shall not disclose or distribute Members' personal information acquired in connection with the provision of the Service to third parties without the Members’ consent. However, in cases required by related laws for investigative purposes by relevant agencies or as requested by the Korea Communications Standards Commission or other legally authorized organizations based on legal grounds, the Company may disclose such information.

④   The Company may create and use statistical data that cannot distinguish individual Members by using all or part of Members’ personal information for the purpose of business analysis or Service improvement, without prior consent of Members.

⑤   In cases where opinions or complaints raised by Members related to the Service are deemed reasonable, the Company shall promptly address them. If immediate resolution is difficult, the Company may post the reason and resolution schedule on the interface of the Service or notify the Member via email.

⑥   The Company shall comply with regulations related to the operation and maintenance of the Service, including the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Protection of Communications Secrets Act, and the Telecommunications Business Act.

 

Article 20 (Member's Obligations)

①   When applying for membership, the Member must provide accurate information based on facts. The Member cannot claim any rights if false or another person's information is registered.

②   The Member must not engage in or intend to engage in the following acts while using the Service provided by the Company, and the Company may terminate the Service Agreement without prior notice to the Member who performs such acts:

1.     Registering false information upon application or modification

2.     Stealing another person's information

3.     Changing, replicating, distributing or commercially using any information obtained in the course of using the Service without the Company's prior approval

4.     Transmitting or posting information other than information specified by the Company (computer programs, etc.)

5.     Infringing on intellectual property rights, portrait rights, or other rights of the Company or third parties

6.     Defaming the honor of the Company or other third parties, or interfering with their work

7.     Publishing or posting obscene or violent messages, images, audio, or other content contrary to public morality on the Service

8.     Collecting, storing, distributing, or posting other Members' personal information without the Company's approval

9.     Exploiting program bugs

10.  Intentionally interfering with the operation of the Company's services or obstructing the stable operation of the Service

11.  Pretending to be a Company employee or Administrator or impersonating another person to post content or send emails

12.  Imitating the Service or imitating, emulating, or counterfeiting the Company's brand

13.  Using the Company's trademarks without authorization for purposes other than indicating the source on the interface of the Service

14.  Other acts that violate public order and morals, or that are illegal or unfair, or that violate related laws

③   The Member must comply with relevant laws and regulations, terms and conditions, service usage guidelines, cautions posted on the Service, service operation and development guides, and notifications provided by the Company related to use of the Service. The Member must not engage in actions that disrupt the Company's operations.

④   Except in cases officially acknowledged by the Company, the Member must not engage in commercial activities, including selling products through the Service. In particular, prohibited activities include hacking, generating profits through advertisements, engaging in commercial activities through adult content websites, illegal distribution of commercial software, and similar actions. The Company holds no responsibility for legal actions, results of business activities, losses, etc. resulting from such violations. The Member assumes liability for any damages and indemnities towards the Company related to such actions.

⑤   In case the Members discover errors or issues in the Service, they are required to promptly inform the Company and actively cooperate with the Company's efforts to improve the Service.

 

Article 21 (Notification to Members)

①   The Company may notify Members of necessary rights and obligations related to the use of the Service through the Member's designated email address or other methods. However, if individual notification is not possible due to limitations of the email service, the Company may instead provide notification through announcements on the Website, for which the Company is not responsible for any resulting issues.

②   In the case of notifications to multiple unspecified Members, the Company may provide such notifications by posting them on the Website instead of individual notifications.

 

Article 22 (Obligations and Responsibilities for Management of Member IDs and Passwords)

①   Members must manage their IDs and Passwords thoroughly. Members are responsible for any consequences resulting from neglecting the management of their IDs and Passwords or unauthorized use.

②   Members must not allow third parties to use their IDs and Passwords. If Members discover that their IDs and Passwords have been stolen or are being used by third parties, they must immediately notify the Company and follow the Company's guidance if provided.

③   A Member's ID cannot be changed.

 

Chapter 6: Termination of Contract and Restriction of Use

Article 23 (Termination of Contract and Restriction of Use)

①   If a Member terminates their membership, individual Service Agreements currently in use will also be terminated. However, if the Withdrawal of membership is not possible due to operational policies of Individual Services, the termination of the X Caliber membership may be restricted.

②   When a Member intends to terminate the Service Agreement, they must apply for termination through the method specified separately by the Company on the Website. In this case, the Member's use of the Services provided to customers, service usage customers, etc., related to the Service Agreement may be suspended, and if the Member is a B2B Member the Member shall be responsible for any restrictions on the service usage of the B2B2C Member resulting from such suspension.

③   If a Member violates these Terms, operation policy or service operation and development guides of the Company, or individual Service Agreement, the Company may restrict the use of the Services, terminate the Service Agreement, or take other actions such as warnings, temporary or permanent suspension of the provision of the Service without prior notice.

④   If a Member raises objections to the suspension of the provision of the Service and other restrictions related to use of the Service in accordance with the procedure established by the Company, the Company shall promptly resume the provision of the Service if the objection is deemed legitimate.

⑤   If the Service Agreement between the Member and the Company ends due to a Member's use of the Service is terminated or revocation of membership, etc., except as provided in laws and regulations, the Company may delete all information related to the Member, including Posts, to maintain a better service environment. Therefore, before the termination of the Service Agreement, the Member must separately back up any information that needs to be retained, and the Company is not responsible for any liability arising from the deletion of information related to the Member after its termination of the Service Agreement.

 

Article 24 (Prohibition of Assignment)

Members shall not assign, transfer, offer, give as a gift, or provide as collateral their contractual rights under the Service Agreement, including the right to use the Service, to others.

 

Chapter 7: Liability

Article 25 (Liability)

①   If a Member causes damages to the Company by violating the provisions of these Terms, the violating Member shall compensate for all incurred damages.

②   If the Company faces claims for damages or various objections, including lawsuits, from third parties other than the Member due to illegal acts or violations of these Terms during the Member's use of the Service, such Member must indemnify the Company at his or her own responsibility and expense. If the Company is not exonerated, the Member shall compensate for all incurred damages to the Company.

③   The Company may request the Members to provide necessary information or supporting documents related to compliance with relevant laws in relation to the Service and the Members must comply with such requests.

④   The Company shall not bear any legal responsibility for damages incurred by the Member due to inability to use the service, unless there is culpability on the part of the Company. In the case of free services, the Company shall not bear any responsibility, and in the case of paid services, the Company shall bear responsibility as stipulated in these Terms or individual service terms, including refunds of service fees. The scope of such responsibility is limited to direct damages.

 

Article 26 (Indemnification)

①   In the event that the Company is unable to provide the Service due to force majeure or equivalent circumstances (such as natural disasters, power outages, interruptions in normal use of the Service due to equipment failures or excessive usage, etc.), the Company shall be exempted from liability for the provision of the Service.

②   The Company shall not be held responsible for service usage disruptions caused by the Member's own fault.

③   The Company shall not be held responsible for any loss of expected profits that the Member may anticipate from using the Service, and shall not bear any responsibility for damages arising from choices or use of the Service.

④   The Company has no obligation to intervene in disputes arising between Members or between a Member and a third party (including business affiliates) resulting from transactions mediated by the Service. The Company shall not be liable for any damages arising from such disputes. If a third party involved in a dispute with a Member raises objections against the Company, the Member must exonerate the Company at their own expense and responsibility.

⑤   Contracts for the sale, maintenance, and servicing of video equipment and devices are entered into between the device supplier and the Member (device user). Such contracts are under the responsibility of the device supplier and the Member, and the Company does not provide any warranties or bear any responsibility regarding the quality level of individual devices provided by the device supplier.

⑥   The Company shall not be responsible for the reliability, accuracy, or content of information, data, facts, opinions, etc., posted by the Members in connection with the Service. Furthermore, the Company shall not be responsible for any damages caused by data obtained through the Service.

⑦   The Company shall not be responsible for transactions between Members and third parties (linked through links, banners, etc.) that occur through the interface of the Service.

 

Article 27 (Dispute Resolution and Jurisdiction)

①   In case of disagreements or disputes between the Company and a Member regarding the use of the Service, the Parties shall make efforts to resolve the dispute amicably through mutual consultations.

②   If disputes as mentioned in Paragraph 1 cannot be resolved amicably and lead to litigation, the court with jurisdiction according to the Civil Procedure Act shall have jurisdiction over the lawsuit.

③   Disputes between the Company and a Member shall be governed by the laws of the Republic of Korea.

 

Addendum
(Effective Date) These Terms shall be effective from July 31, 2026.