End User License Agreement

Updated: 2023-11-01

Thank you for using EXAONE Atelier Image to Text (the “Services”). By using the Services, you agree to be bound by this End User License Agreement (“Agreement”), which is a binding agreement between you (“End User”, “you” or “your”) and LG Development Institute Co., Ltd. (“Company”, “we”, “us” or “our”), the provider of the Services. This Agreement governs the relationship between you and us. End User and Company may each be referred to as a “Party” or, collectively, the “Parties.” This Agreement is effective when you are presented with this Agreement and proceed to use the Services (the “Effective Date”). This Agreement may be updated from time to time. Your continued use of the Services means acceptance of such updated terms. If you do not agree to the Agreement, please do not access or use the Services. In this Agreement, “Input” is defined as your input to the Services, “Output” is defined as the output generated and returned by the Services based on your Input. Input and Output are collectively referred to as “Content.”
1. Usage Requirements
You must be 13 years of age or older and meet the minimum age of digital consent in your country to use the Services. If you are not old enough to have the legal authority to consent to the terms of this Agreement, your parent or legal guardian must agree to the terms in your stead.
2. Personal Information
You may provide us with personal information, such as email address, user name and billing information in the course of using the Services.
3. License and Intellectual Property Rights
Company grants End User a non-exclusive right to use the Services in accordance with this Agreement, provided that you may not (i) use the Services to develop generative AI models, (ii) reverse engineer the Service, or (iii) use automated tools which are prohibited by law or AWS to use the Services.
All intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, and know-how, to the Service is and shall remain owned by Company. You may not use Company or any of its affiliates’ names, logos, or trademarks, without Company’s prior written consent.
The rights to any Output is owned by you. As such, you have the right to use, at your risk, any Output in any manner, including for commercial purposes.
4. Dispute Resolution and Governing Law
This Agreement shall be governed by the laws of the Republic of Korea. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered in Seoul, Korea in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board and under the Law of Korea for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be [Republic of Korea]. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.
5. Service Availability, Limitation of Liability and Indemnity
The Services are provided to you as-is and as available and with all faults and defects without warranties or conditions of any kind, whether express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. We do not warrant that the Services will be uninterrupted, accurate or error free, or that any Content will be secure or not lost or altered. You are solely responsible for the usage of the Service, including but not limited to usage and/or distribution of any Output.
Company reserves the right to suspend your access to the Services at any time, and for any reason. 
Company shall not be liable to End User or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, regardless of their cause, even if Company was advised of the possibility of such damages. Company’s aggregate liability under this Agreement shall not exceed the greater of the amount that End User have paid for the Service during the 12 months immediately preceding the damage or one hundred US dollars (USD 100).
End User shall defend, indemnify, and hold harmless Company, its affiliates, and its personnel, from and against any claims, losses, and expenses (including legal fees) arising from or relating to your use of the Services, including any Content, and your breach of this Agreement or violation of any law.
6. Miscellaneous
(a) Force Majeure. Neither Party shall be liable for and failure or delay in performance to the extent that such failure or delay is caused by circumstances beyond the Party’s reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
(b) No Agency. This Agreement does not cause any Party to act as the agent of the other Party, and does not create any partnership or joint venture between the Parties.
(c) Severability. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
(d) Survival. Among the terms of this Agreement, provisions relating to intellectual property rights, limitation of liability, indemnity, and any other provisions that, by their nature, should survive termination or expiration shall survive the expiration or termination of this Agreement.