Article 1 (Purpose)
These Terms of Service (the "Terms") set forth the rights, obligations, and responsibilities of GENIEIN Co., Ltd. (the "Company") and the User in connection with the use of the GNOM service (the "Service") provided by the Company, and other necessary matters.
Article 2 (Definitions)
The terms used in these Terms are defined as follows:
- "Service" means the GNOM Estimator, GNOM Studio, and any related services provided by the Company.
- "GNOM Estimator" means the AI-based estimation function that collects and structures requirements through natural-language dialogue, and applies a Function Point (IFPUG method) based methodology to estimate project scale, effort, cost, and required personnel.
- "GNOM Studio" means the function that generates source code through Vibe Coding and provides download and hosting on the Company's infrastructure.
- "Estimation Output" means all deliverables generated through GNOM Estimator, including requirement specifications, function classification tables, FP estimation tables, effort analysis tables, personnel estimation tables, quotations, and the like.
- "Content" means the Estimation Output, source code, hosting deliverables, and other materials generated as a result of the User's use of the Service.
- "User" means a Member or non-Member who uses the Service provided by the Company under these Terms.
- "Member" means a person who has registered with the Company by providing personal information and is entitled to continuously use the Service.
Article 5 (Membership Registration and Formation of the Service Agreement)
A person who wishes to become a Member shall enter the required information in the form designated by the Company and apply for Membership by separately consenting to each of the following consent items presented by the Company:
| Consent Item | Required / Optional | Legal Basis |
|---|
| Consent to the Terms of Service | Required | These Terms |
| Consent to the Collection and Use of Personal Information | Required | PIPA, Article 15 |
| Confirmation of being 14 years of age or older | Required | PIPA, Article 22-2 |
| Consent to Receive Marketing Information | Optional | ICN Act, Article 50 |
- By consenting to these Terms and to the "Confirmation of being 14 years of age or older" item under Paragraph 1, the User confirms that the User is 14 years of age or older and has the legal capacity to use the Service.
- The Service Agreement is formed when the applicant consents to these Terms and to all required consent items under Paragraph 1, applies for Membership, and the Company accepts such application.
The Company may refuse an application or terminate the Service Agreement after the fact in any of the following cases:- Where the applicant is confirmed to be under 14 years of age;
- Where the applicant has misappropriated another person's identity;
- Where the applicant has entered false information (including age, identity, or qualification) or has not provided information required by the Company;
- Where the applicant intends to use the Service for improper purposes;
- Where the applicant has violated applicable laws or fails to meet the application requirements set by the Company.
The Company may record and retain the time of consent, version of the Terms and Privacy Policy, and similar information to evidence the Member's consent.
Article 7 (Obligations of the User)
The User shall not engage in any of the following acts:
- Registering false information during application or modification (in particular, false information regarding age, identity, or qualification);
- Misappropriating another person's information or using another person's payment method without authorization;
- Unauthorized modification of information posted by the Company;
- Infringement of the intellectual property rights, including copyrights, of the Company or any third party;
- Defamation of the Company or any third party, or interference with their business;
- Posting or disclosing obscene or violent messages or information that violates public order and morals;
- Engaging in improper use, such as malicious prompt injection or attempts to circumvent security of the AI system;
- Using automated means (crawlers, bots, etc.) for abnormal use or excessive requests to the Service;
- Using the Content generated through the Service for unlawful or harmful purposes or to infringe upon the rights of third parties;
- Reproducing, transmitting, publishing, distributing, broadcasting, or providing to third parties any information obtained through the Service for commercial purposes without the prior consent of the Company;
- Any other act that violates applicable laws or public order and morals.
Article 10 (Special Provisions Regarding Payment by Minors)
- Payment for the Service is available only to persons aged 14 or older. The User confirms, at the time of payment, that the User is 14 years of age or older and has a legitimate authority to make payment (using a payment method in the User's own name or with proper authorization).
- Where a minor (under 19 years of age) makes a payment without consent of a legal representative, such payment may be revoked pursuant to Article 5 of the Civil Code. Upon confirmation of a lawful revocation request, the Company shall refund the payment.
However, where the User consented to the "I am 14 years of age or older" item at Membership registration, or where a minor used a legal representative's credit card or other payment method without authorization, the Company shall not be liable for, and the User (or legal representative) shall bear, the following:- Costs of the Service already used or consumed;
- Costs already incurred by the Company in connection with Content generation, download, hosting, etc.;
- Damages incurred by the Company in reliance on the User's consent or confirmation.
Where the User falsely confirmed being 14 years of age or older and registered or made a payment, the Company may terminate the Membership and claim damages in accordance with Article 8 of these Terms.
Article 11 (Withdrawal and Refund)
- The paid products of the Service (Estimation Output download, source code download, hosting, etc.) constitute digital content under Article 17(2)(5) of the Act on the Consumer Protection in Electronic Commerce and Article 21(4) of its Enforcement Decree.
The User may request withdrawal of the offer within seven (7) days from the date of payment, provided that none of the following grounds for restriction has occurred:- Where the Estimation Output (requirement specifications, FP estimation tables, effort analysis tables, personnel estimation tables, quotations, etc.) has been downloaded one or more times;
- Where the source code generated through GNOM Studio has been downloaded one or more times;
- Where the hosting service has been activated;
- Any other grounds for restriction of withdrawal set forth in Article 21 of the Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce.
- The restriction under Paragraph 2 shall take effect only where the Company clearly indicates such restriction on the payment page and the User has consented thereto.
Notwithstanding Paragraph 2, the Company may provide a refund or reprocessing (re-estimation or regeneration) in any of the following cases:- Where the Estimation Output was not properly provided due to system error or technical issue;
- Where the output is manifestly abnormal or fails to meet the agreed service level;
- Where the agreed service was not provided due to reasons attributable to the Company.
Refunds shall be processed within three (3) to five (5) business days from the date on which the withdrawal request is confirmed to be valid, in accordance with the refund procedure of each payment method.
Article 14 (Special Provisions on Hosting Service)
- The hosting function of GNOM Studio is an additional feature that enables the User to operate the generated deliverables on infrastructure designated by the Company.
- The Company shall use efforts to ensure stable operation of the hosting service. However, the Company shall not be liable for service interruptions caused by reasons beyond its control, such as traffic spikes or external cloud outages.
- The Company may suspend the hosting service without prior notice if the hosted Content violates Article 7 of these Terms or applicable laws.
Responsibility for End-User Data within the Hosted Application
- With respect to the personal information of End-Users collected or processed through the application hosted by the User, the User shall be the data controller under PIPA, and the Company shall be the infrastructure provider (such as a data processor or storage service provider).
- If the application that the User creates, deploys, or operates through GNOM Studio processes personal information of End-Users, the User shall separately prepare and post a privacy policy for such application and shall be responsible for fulfilling all obligations of a data controller under PIPA and related laws (including obtaining consent, implementing safety measures, notifying data breaches, and ensuring data subjects' rights).
- If the User violates Paragraph 5 and causes damages to the Company (such as administrative fines, corrective orders, or lawsuits), the User shall compensate the Company for all such damages, and the Company may exercise the right of indemnification against the User.
Article 15 (Disclaimer)
The Company shall not be liable in any of the following cases:
- Service interruptions caused by reasons beyond the Company's control, such as natural disasters, war, power outages, or failures of external cloud or third-party services (AI providers, payment gateways, etc.);
- Service disruptions caused by reasons attributable to the User (such as negligent management of account information or violation of these Terms);
- Damages arising from the User's entry of false information (regarding age, identity, payment authority, etc.) or violation of these Terms;
- Disclaimer items under Article 13 of these Terms regarding the accuracy or reliability of AI-generated output;
- Processing of personal information of End-Users of the application hosted by the User (Article 14 of these Terms);
- Disputes between Users or between a User and a third party;
- Damages incurred while using free services (except in cases of willful misconduct or gross negligence by the Company).
- Where the Company is found to be liable for damages, the amount of compensation shall be limited to the amount the User paid to the Company for the relevant Service, except in cases of willful misconduct or gross negligence by the Company.
- The Company shall use efforts to comply with applicable laws, including PIPA, and any liability for damages arising from the Company's breach of its obligations shall be governed by applicable laws.