Updated 2025-12-31

Written by Lubinpla

​

​

This Agreement is entered into between Lubinpla Co., Ltd., a corporation organized under the laws of the Republic of Korea (“Lubinpla,” “we,” “us,” or the “Company”), and the legal entity or individual that places an order via an Order Form or accesses or uses the Lubinpla Services (our customer identified by the customer information you provide, the “Customer,” “User,” or “you”). The “Order Form” includes online subscription selections, credit top-ups, purchase procedures, or sign-up procedures. These Terms do not modify or supersede any other agreement you may have entered into with us regarding Lubinpla’s products, services, or other matters. This Agreement consists of the terms and conditions set forth below, any appendices or addenda identified below, and all Order Forms. If you access or use Lubinpla on behalf of your company (a legal entity), you represent that you have authority to agree to this Agreement on behalf of your company, and all references to “you” or “Customer” in this Agreement mean your company.

​​

By indicating your acceptance of this Agreement, or by accessing or using the Lubinpla Services, you agree to be bound by all terms, conditions, and notices included or referenced in this Agreement. If you do not agree to this Agreement, do not use the Lubinpla Services. For clarity, each party expressly agrees that this Agreement is legally binding on such party.

​

The order of precedence among this Agreement and the related documents is as follows: the Order Form (if applicable), the Data Processing Agreement (DPA) (if applicable), the Privacy Policy, and these Terms. In the event of any conflict or ambiguity, the earlier document shall prevail over the later document.

​

​

1. Account Registration and Use

 

The Customer may be required to register a Lubinpla account in order to use the Lubinpla Services. Account information must be accurate, current, and complete, and is subject to Lubinpla’s Privacy Policy (currently available here). The Customer agrees to keep such information up to date so that Lubinpla may send notices, statements, and other information via email or through the Customer’s account. The Customer must keep the user ID, password, and other access credentials for the Lubinpla Services strictly confidential and must not share them with any unauthorized person. The Customer is responsible for all activities conducted using the Customer’s and its users’ accounts, passwords, or access credentials. The Customer must notify Lubinpla without undue delay of any security breach or unauthorized use of the account.

​

​

2. Rights of Use

​

2.1 Use of the Lubinpla Services

​

Subject to the Customer’s compliance with the terms and conditions of this Agreement, Lubinpla grants the Customer a non-exclusive, non-transferable, non-sublicensable right and license to access and use the Lubinpla Services solely for the Customer’s internal business purposes during the applicable term (the “Term”). Lubinpla may update the agreement between us and you from time to time. Lubinpla may change subscription plans/pricing tiers/feature configurations from time to time, and the Customer may review the latest details through the website provided by Lubinpla, the user account interface, or inquiry channels. Except for changes that we determine in our sole discretion to be non-material, changes relating to new features, or changes required by applicable law, we will provide notice to you in writing (including by email). The Customer’s access rights commence (i) if based on an Order Form, when we accept the order and activate the account, or (ii) if via self-sign-up, when we provide access after completion of sign-up.

​

2.2 General Restrictions

 

The Customer shall not (and shall not permit any third party to):

 

a. Rent, lease, copy, transfer, resell, sublicense, re-rent, timeshare, distribute, or otherwise make available any portion of the Lubinpla Services to any third party, or provide access to any third party in any manner.
b. Modify the Lubinpla Services or any portion thereof, or create derivative works thereof.
c. Unless expressly permitted by applicable law (and, even then, only if the Customer has provided prior notice to Lubinpla), attempt by reverse engineering, disassembly, decompilation, translation, or otherwise to obtain or derive source code, underlying ideas, algorithms, file formats, or non-public APIs of the Lubinpla Services.
d. Disrupt or circumvent any security measures, rate limits, or usage tracking (e.g., event tracking) of the Lubinpla Services.
e. Access the Lubinpla Services for the purpose of building a competitive product or service, or duplicating its features or user interface.
f. Use the Lubinpla Services for product evaluation, benchmarking, performance testing, or comparative analysis intended for public disclosure.
g. Remove or obscure any proprietary rights notices or other notices contained in the Lubinpla Services (or contained in any reports or outputs obtained from the Lubinpla Services).
h. Access the Services through automated means such as robots, spiders, or scrapers, or perform data mining/collection/extraction (except where explicitly permitted by Lubinpla).
i. Use network monitoring/discovery software or similar tools to determine the Services’ architecture or to attempt to extract personally identifiable information.
j. Insert malicious code/materials into the Services, manipulate or distort content/outputs, or upload/transmit materials (including viruses) designed to interfere with, destroy, or limit functionality.
k. Engage in any other acts that infringe or may infringe the normal operation, security, integrity, usage restrictions, or rights protection of the Services or any portion thereof in a manner equivalent or similar to any of the foregoing.

​

2.3 Beta Releases and Free Access Subscriptions

 

Lubinpla may provide the Customer with the Lubinpla Services for free or on a trial basis (“Free Access Subscriptions”), or may provide “alpha,” “beta,” or other early-stage Lubinpla services, integrations, or features (“Beta Releases”), which the Customer may use on an optional basis. Lubinpla does not promise in any manner that future versions of Beta Releases or Free Access Subscriptions will be released or offered under the same commercial or other terms. Lubinpla may, in its sole discretion, at any time and without liability, terminate the Customer’s right to use any Free Access Subscription or Beta Release.

​

With respect to Beta Releases, the Customer acknowledges and agrees that Beta Releases may not be complete or fully functional and may contain bugs, errors, omissions, and other issues for which Lubinpla is not responsible. Accordingly, notwithstanding anything in this Agreement, all use of Beta Releases is entirely at the Customer’s own risk.

​

2.4 Acceptable Use

 

The Customer will not use the Services to:

a. Violate any applicable law or regulation.
b. Send spam or duplicate or unsolicited messages.
c. Transmit or store infringing, obscene, threatening, defamatory, or otherwise unlawful materials.
d. Transmit or store materials containing viruses, worms, or other harmful computer code.
e. Interfere with or disrupt the integrity or performance of the Services.
f. Attempt to gain unauthorized access to the Services or related systems, or access beyond authorization.
g. Use the Services in a manner that exceeds reasonable request volumes or constitutes excessive or abusive use.
h. Circumvent, remove, alter, disable, degrade, manipulate, or attempt to circumvent any security measures, rate limits, access controls, usage tracking, or other technical safeguards.
i. Access the Services through automated means such as robots, spiders, or scrapers, or perform data mining, collection, or extraction (except where expressly permitted by the Company in writing).
j. Unless expressly permitted by applicable law (and, even then, only if the Customer has provided prior notice to the Company), attempt by reverse engineering, disassembly, decompilation, translation, or otherwise to obtain or derive source code, underlying ideas, algorithms, file formats, or non-public APIs of the Services.
k. Use network monitoring/discovery tools or similar methods to determine the Services’ architecture or to search for or obtain non-public information or personally identifiable information.
l. Insert, upload, or transmit code, scripts, programs, or other components into the Services, or tamper with, manipulate, or damage the Services’ content, outputs, functions, or displayed results.
m. Provide, provide access to, hold, or use the Services for any third party in a manner that may violate applicable laws and regulations regarding export controls, economic sanctions, or similar regimes.
n. Engage in any other acts that are equivalent or similar to the foregoing and that may harm the Services, any third party, or the Company’s rights, security, or operations, or that may cause a violation of law.

​

2.5 Customer Responsibilities

 

The Customer is responsible for:

a. Maintaining the security of account credentials, not sharing them, and notifying the Company without undue delay upon becoming aware of unauthorized use or compromise.
b. All use, acts, and results occurring under the Customer’s account (including by Authorized Users) and the related fees (except to the extent attributable to the Company).
c. Using the Services in compliance with applicable laws, these Terms, and the Company’s posted policies (including any AUP, etc.).
d. Securing necessary rights and lawful consents/legal bases for the data processed through the Services.
e. Procuring and maintaining, at the Customer’s responsibility and expense, the equipment/devices, network/internet, and any integrated third-party services necessary to use the Services.
f. Providing and maintaining accurate and current information necessary for service provision (including contact/billing and payment information) and promptly notifying the Company of any changes.
g. Paying fees within the agreed deadlines.
h. Supervising account users to ensure compliance with these Terms, managing issues caused by the Customer’s environment or third-party services at the Customer’s responsibility, and refraining from acts that damage the Company’s reputation or credit.
i. Other Customer obligations equivalent or similar to the foregoing.

​

​

3. Customer Data

 

3.1 Rights in Customer Data

​

As between the parties, the Customer retains all rights, title, and interest (including without limitation intellectual property rights) in and to Customer Data. The Customer grants Lubinpla a non-exclusive, worldwide, royalty-free right to collect, use, modify, and process Customer Data solely for the following purposes: (i) to provide the Lubinpla Services and related services to the Customer, and (ii) to create a separate anonymized dataset regarding product usage (“Aggregate/Anonymous Data”) in which neither the Customer nor the Customer’s employees can be identified and from which all persistent identifiers (e.g., name, email address, etc.) have been removed.

​

3.2 Security

 

Lubinpla implements appropriate technical and organizational security measures designed to protect Customer Data within the Lubinpla Services against unauthorized or unlawful processing, accidental or unlawful destruction, accidental loss or alteration, and unauthorized disclosure or access.

​

3.3 Data Processing

 

To the extent Lubinpla processes personal data on behalf of the Customer in providing the Services, Lubinpla will: (i) process such data only in accordance with the Customer’s documented instructions, (ii) implement appropriate technical and organizational measures to protect the data, (iii) ensure that persons authorized to process the data are bound by confidentiality obligations, (iv) delete (or, upon the Customer’s request, return) Customer Data and user content within a reasonable period (e.g., 30 days) after termination of the Services (except where retention is required by law), and (v) comply with applicable data protection laws, including the GDPR where applicable. The Customer is responsible for the legality of personal data provided/processed by the Customer and Authorized Users (including notice/consent, provision to third parties, overseas transfers, etc.), and each party is solely responsible for its own compliance with applicable data protection laws (provided that Lubinpla’s obligations as a processor will be performed within the scope of this Agreement and the DPA).

​

3.4 Service Availability

 

Lubinpla will use commercially reasonable efforts to maintain service availability, but does not guarantee uninterrupted access. Scheduled maintenance will be notified in advance where possible.

​​

​

4. Fees and Payment

 

4.1 Fees

​

To the extent the Lubinpla Services are provided for a fee, the Customer agrees to pay all fees in accordance with the currency and billing period specified in the applicable Order Form. Lubinpla’s fees exclude all taxes, and the Customer must pay all applicable sales, use, VAT, GST, excise, withholding, or similar taxes or duties, whether domestic or foreign, excluding taxes based on Lubinpla’s income. Except as expressly provided in this Agreement, payments are non-refundable and non-creditable, and payment obligations are not cancellable. All undisputed fees due are payable in United States dollars, unless otherwise agreed in writing by the parties.

​

4.2 Credit Card Payment Terms

 

If the Customer elects to pay by credit card, the Customer is solely responsible for (a) enabling auto-recharge on the Customer’s payment method, or (b) ensuring that the Customer’s payment method has a sufficient positive (+) balance to cover all fees due. If, for any reason, the Customer’s account has a negative balance, Lubinpla reserves the right to suspend access to the Lubinpla Services.

​

4.3 Invoice Payment Terms

 

If the Customer agrees with Lubinpla to receive invoices and pay in arrears, invoices will be sent by email in accordance with the Order Form. Unless otherwise specified in the Order Form, the Customer must pay all undisputed fees under this Agreement within 30 days of the invoice date. If the Customer is late in paying undisputed fees and fails to pay within ten (10) business days after written notice, Lubinpla may charge a late fee at the lower of 1.5% per month or the maximum amount permitted by applicable law, and the Customer agrees to pay such late fee.

​

4.4 Disputes

 

If the Customer has a good-faith dispute regarding an invoice, the Customer must notify Lubinpla in writing within 20 days of the invoice date and reasonably cooperate with Lubinpla to resolve the dispute. If the parties are unable to resolve the dispute within 10 days after the Customer’s notice, each party may pursue any and all remedies available to it under this Agreement at law or in equity, and may do so notwithstanding any provision of this Agreement that would otherwise limit pursuit of such remedies due to a payment dispute. For clarity, undisputed amounts must be paid in full in accordance with this Section.

​

4.5 Pricing and Payment

 

As consideration for the grant of license and/or provision of the Services, you shall pay the fees agreed in the Order Form or otherwise agreed in writing (including by email) to the Company. On or before the start date, the Customer must provide current, complete, and acceptable billing information, and Lubinpla will charge fees in pre-defined units. All amounts/fees under the Agreement are payable in the agreed currency (USD by default) and are not subject to set-off/counterclaim/deduction. VAT (value-added tax) is excluded and will be added to the invoice at the applicable rate. The Company may change fees and, unless otherwise specified in the Order Form, will in principle provide written notice (including by email) at least 30 days prior to the effective date. If fees change due to changes in the scope of Services, such changes will be reflected on the next invoice. Scope expansion/changes will become effective immediately once we confirm the change following the Customer’s request. Refunds are non-cancellable except where permitted under applicable internal policies, and refunds are governed by the internal refund policy and applicable laws.

​

4.6 Term and Termination

 

This Agreement will remain in effect for the initial term specified in the Order Form or sign-up screen, and will automatically renew for the same term or the term specified in the Order Form unless terminated separately or renewal is declined. Paid subscriptions are provided on the billing cycle (monthly/annual, etc.) indicated at the time of payment and will automatically renew on the same cycle unless cancelled. Users may cancel a subscription at any time through in-service settings or by contacting customer support via email. As a general rule, cancellation takes effect at the end of the current billing period, and the user may continue to use the Services until the end of such period. Whether and to what extent fees already paid are refundable will be determined in accordance with the refund policy and applicable laws.

​

If Lubinpla reasonably determines that it is necessary to address violations of these Terms/policies, protect the safety/security/integrity of the Services, comply with law, protect third-party rights, or prevent misuse, Lubinpla may restrict or suspend all or part of the Services or terminate the account with prior notice or subsequent notice (including where prior notice is not possible or inappropriate). Upon account termination, the right to use the Services will cease as of the effective time of termination, and the user must pay any outstanding amounts.

​

If there is a material change to these Terms, or a material degradation of a material feature of the Services / material weakening of security measures, the Customer may provide written notice of termination (including by email) within 30 days of receiving our notice (or the date the Customer reasonably became aware). In such case, termination will take effect 30 days after the Customer’s notice (unless otherwise specified by applicable law or the Order Form). Provisions that by their nature must survive, including confidentiality, intellectual property, limitation of liability, and dispute resolution, will remain in effect after termination.

​

​

5. Term and Termination

​

5.1 Term

​

This Agreement is effective from the effective date (the “Effective Date”) and continues until terminated. Either party may terminate this Agreement upon 30 days’ prior written notice if all Terms for use of the Lubinpla Services have expired or have been terminated as expressly permitted by this Agreement.

​

5.2 Renewal

 

By entering into an Order Form to purchase the Lubinpla Services, the Customer agrees to pay the applicable fees for the entire Term. The Customer may not cancel or terminate this Agreement except as expressly permitted under Section 5.4 (Termination for Cause). If no start date is specified in the applicable Order Form, the Term begins when the Customer first obtains access to the Lubinpla Services. Each Term will automatically renew for successive 12-month periods, except where (i) otherwise specified in the applicable Order Form, or (ii) either party provides written notice of non-renewal at least 30 days prior to the end of the then-current Term.

​

5.3 Suspension of Services

 

Lubinpla may suspend the Customer’s access to the Lubinpla Services if the Customer’s account is delinquent and the Customer fails to pay amounts due within 10 days after Lubinpla’s notice (subject to Section 4.4 (Disputes)). Lubinpla may also suspend the Customer’s access if Lubinpla determines suspension is necessary to prevent harm or liability to other customers or third parties, or to preserve the security, stability, availability, or integrity of the Lubinpla Services.

​

5.4 Termination for Cause

 

Either party may terminate this Agreement (including any applicable Order Forms) if the other party (i) materially breaches this Agreement (including non-payment of undisputed fees) and fails to cure such breach within 30 days after written notice specifying the breach, (ii) ceases operations without a successor, or (iii) to the extent permitted by applicable law, seeks protection under bankruptcy, administration, deed of trust, creditor arrangement, composition, or analogous proceedings, or such proceedings are instituted against such party and are not dismissed within 60 days thereafter.

​

5.5 Effect of Termination

 

Upon expiration or termination of this Agreement or any Order Form, the Customer’s license rights terminate and the Customer must promptly: (a) cease using the applicable Lubinpla Services, and (b) delete (or return at Lubinpla’s request) all Lubinpla documentation, passwords or access codes, and all other Lubinpla Confidential Information in the Customer’s possession, custody, or control. If Lubinpla terminates this Agreement for cause under Section 5.4, all payment amounts for the remaining portion of the Term will become immediately due and payable and the Customer must pay them immediately. If the Customer terminates this Agreement for cause under Section 5.4, the Customer will receive a refund of fees prepaid by the Customer for the terminated portion of the Term.

​

Unless this Agreement specifies an exclusive remedy in a particular case, all remedies under this Agreement, including termination or suspension, are cumulative and do not exclude any other rights or remedies available to either party.

​

5.6 Survival

 

The following sections survive expiration or termination of this Agreement: Section 1 (Account Registration and Use), Section 2.2 (General Restrictions), Section 2.3 (Beta Releases and Free Access Subscriptions), Section 3.1 (Rights in Customer Data), Section 4 (Fees and Payment), Section 5 (Term and Termination), Section 6 (Confidential Information), Section 7 (Lubinpla Technology), Section 8 (Indemnification), Section 9 (Disclaimer), Section 10 (Limitation of Liability), and Section 11 (General).

​​

​

6. Confidential Information

​

6.1 Confidentiality Obligations

​

Each party (the “Receiving Party”) shall: (i) keep the other party’s Confidential Information confidential and not disclose it to any third party except as permitted under this Agreement, and (ii) use the other party’s Confidential Information solely for the purpose of performing its obligations and exercising its rights under this Agreement. Each party may share the other party’s Confidential Information with its employees, agents, or contractors who have a legitimate need to know (including, for Lubinpla, subcontractors referenced in Section 11.4), provided that the sharing party remains responsible for its recipients’ compliance with this Section 6 and ensures that such recipients are bound by confidentiality obligations no less protective than those set forth in this Section 6.

​

6.2 Exceptions

 

The confidentiality obligations do not apply to (and such information is not included in Confidential Information): (i) information that is or becomes publicly known through no fault of the Receiving Party, (ii) information that the Receiving Party already knew before receiving the Confidential Information, (iii) information lawfully obtained from a third party without breach of any confidentiality obligation, or (iv) information independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information. A party may also disclose the other party’s Confidential Information to the extent required by law or court order, in which case (to the extent permitted by law) it shall provide prior notice and cooperate with the other party’s efforts to secure confidential treatment of such information.

​

6.3 Remedies

 

The parties acknowledge that disclosure of Confidential Information may cause significant harm for which monetary damages may be an insufficient remedy, and therefore each party has the right to seek appropriate equitable relief in addition to any other remedies available at law for any breach of this Section 6.

​​

​

7. Lubinpla Technology

 

7.1 Ownership and Updates

​

This Agreement is a term-limited agreement for access to and use of the Lubinpla Services. The Customer acknowledges that

it acquires only a limited right to use the Lubinpla Services and that no ownership rights are transferred to the Customer under this Agreement. Lubinpla (or its suppliers) retains all rights, title, and interest (including without limitation all intellectual property rights) in and to all Lubinpla technology (“Lubinpla Technology”), and retains all rights in and to all software, products, works, and other intellectual property and moral rights created, used, or provided by Lubinpla for the purposes of this Agreement, and all copies and derivative works thereof, and all rights in and to Lubinpla’s Confidential Information. No rights or licenses are granted except as expressly and unambiguously set forth in this Agreement.

 

Accordingly, the Customer acknowledges and agrees that it has no right to obtain a copy of any software underlying any Lubinpla Services, that Lubinpla may collect learning outputs, logs, and data regarding the performance and use of the Lubinpla Services, and that Lubinpla may from time to time make updates, bug fixes, changes, or improvements to the Lubinpla Services.

​

The Customer shall not take any action inconsistent with the Company’s ownership of intellectual property rights, shall not contest such ownership or use, and shall not attempt to register similar names/marks. If the Customer provides opinions or suggestions regarding business/technical direction or the creation, modification, or improvement of solutions/services/software/products, the Customer grants the Company a non-exclusive, perpetual, worldwide, transferable, royalty-free license to use, disclose, modify, create derivative works of, sell, and otherwise exploit such opinions/suggestions in any manner in any media, including with multi-tier sublicensing rights. Your data may be used as input (“Input”) for certain AI features of the Services, and as a result, outputs generated by the solution (“Output”) are produced. Lubinpla retains all rights in and to any Company assets contained in or embodied in the Output (including derivatives/modifications). Output generated without the content/documents uploaded by the Customer is owned by Lubinpla, and the Customer is granted a worldwide, royalty-free, non-exclusive license to use it subject to the usage restrictions in these Terms.

​

7.2 Feedback

 

If the Customer elects to provide Lubinpla with suggestions, comments, improvements, information, ideas, or other feedback or related materials (collectively, “Feedback”), the Customer grants Lubinpla a worldwide, perpetual, irrevocable, reusable, royalty-free right and license to use, reproduce, disclose, license, distribute, and exploit the Feedback in any form and manner, without any intellectual property or other obligation, payment, or restriction. However, Lubinpla will not identify the Customer as the source of the Feedback. Nothing in this Agreement limits Lubinpla’s right to independently use, develop, evaluate, or market products, whether or not incorporating Feedback.

​

7.3 AI Services

 

The Services may include AI-based features that generate suggestions, classifications, or responses. The Customer acknowledges that: (i) AI-generated content may not always be accurate, complete, or appropriate, (ii) the Customer is responsible for reviewing and verifying AI-generated content, (iii) Lubinpla does not guarantee any particular outcomes from AI features, (iv) the Customer’s data is not used to train third-party AI models, and (v) the Customer must have the necessary rights to all data processed through AI features. Lubinpla uses third-party language models to provide AI features. Customer Data is used solely to provide the Services and is never used to train such language models.

​

However, for some customers (or some users), in accordance with a separate contract with the Company, an Order Form, a data processing addendum (DPA), or a written agreement, the Company may collect, process, analyze, and utilize certain portions of Customer Data (e.g., for agent performance evaluation, construction of evaluation datasets for model routing/prompt improvements, etc.). In such case, the Company will specify protective measures in the contract documents, including the scope, data types, retention period, de-identification/access controls, and will not use such data for purposes other than those agreed.

​

​

8. Indemnification

 

The Customer agrees to defend Lubinpla from third-party claims arising out of the Customer’s use of the Lubinpla Services. The Customer shall indemnify and hold harmless Lubinpla from and against damages and costs (including reasonable attorneys’ fees) finally awarded against Lubinpla or agreed to by the Customer in settlement arising out of such third-party claims. The Customer shall not settle any claim without Lubinpla’s prior written consent if the settlement requires Lubinpla to admit fault, requires Lubinpla to pay amounts that the Customer is obligated to pay under this Agreement, or requires Lubinpla to take or refrain from taking any action. Lubinpla may, at its own expense, participate in the defense of a claim with counsel of its choosing, and the Customer and Lubinpla will reasonably cooperate in the defense.

​

​

9. Disclaimer

 

All Lubinpla Technology and related services are provided “AS IS” and “AS AVAILABLE.” Lubinpla and its suppliers disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, title, fitness for a particular purpose, and non-infringement. Lubinpla makes no representation, warranty, or guarantee that the Lubinpla Technology will meet the Customer’s requirements or expectations, or that the Lubinpla Technology will be provided timely, uninterrupted, or error-free. The disclaimers in this Section apply to the maximum extent permitted by applicable law, notwithstanding anything in this Agreement. The Customer may have other statutory rights. However, to the extent any statutory warranties are required under applicable law, such warranties are limited to the shortest duration and maximum extent permitted by law.

​

​

10. Limitation of Liability

​

10.1 Exclusion of Consequential Damages

​

To the maximum extent permitted by applicable law, in no event will either party be liable for any loss of use, loss of data or inaccurate data, business interruption, loss of profits, cost of delay, reputational harm, or any indirect, special, incidental, substitute, reliance, or consequential damages of any kind, regardless of cause and even if advised of the possibility of such damages.

​

10.2 Liability Cap

 

Lubinpla’s total liability shall not exceed the total amount paid or payable by the Customer to Lubinpla for the applicable Lubinpla Services or related services during the 12 months preceding the event giving rise to the claim. However, this Section 10.2 does not apply to (i) defense costs and damages payable by an indemnifying party to a third party under Section 8 (Indemnification), and (ii) the Customer’s payment obligations expressly set forth in this Agreement. For Free Access Subscriptions or Beta Releases, Lubinpla’s total liability shall not exceed an aggregate of thirty United States dollars (US$30).

​

10.3 Responsibility for Service Outputs

 

Outputs of the Services (answers, recommendations, summaries, analyses, etc.) are for general informational purposes and may be provided “AS IS,” and may contain errors, omissions, inaccuracies, or may lack timeliness. The Customer must not rely solely on the outputs for decision-making, and must independently review and verify (including, where necessary, final human review) the outputs in light of the Customer’s purposes, regulatory compliance, safety, and quality requirements, and bears sole responsibility for the use and results of use. To the maximum extent permitted by law, Lubinpla is not liable for damages arising from the Customer’s or any third party’s use of outputs or decisions based thereon. Lubinpla will make reasonable efforts to improve efficiency and accuracy, but does not warrant that outputs/content are accurate, complete, or current. The Company is not responsible for the accuracy of content provided by the Customer, deletion, failure to store, or failure to transmit.

​

Lubinpla is not responsible for the availability or reliability of the solution/services or for meeting the Customer’s requirements. The solution/services outputs/content are for general informational purposes and may be provided in an automated manner, and are not intended to meet individualized/specific/professional requirements. They are not advice on which reliance may be placed, and use of the solution/services does not create an attorney-client relationship. The Customer should obtain professional advice before acting or refraining from acting based on outputs/content, and the Customer bears sole responsibility for conclusions and fulfillment of requirements derived from use of the solution/services. If links to third-party sites/resources are provided, they are for informational purposes only and shall not be construed as an endorsement by the Company. The Company does not control such content. The Company is not liable for damages resulting from decisions made by the Customer (or anyone accessing the Services through you) in reliance on the Services, including professional advice (financial, tax, accounting, legal, compliance, etc.), and the Customer assumes such risk. Preparation, content, accuracy, review, and any resulting decisions/actions regarding documents/data/outputs prepared or generated through use of the Services are solely the Customer’s responsibility. This Agreement does not exclude the Customer’s liability for the Customer’s breach/infringement/misuse of Lubinpla’s intellectual property rights.

​

10.3 Exceptions

 

Notwithstanding the foregoing, nothing in this Section 10 excludes liability for fraud, or for death or personal injury caused by a party’s negligence. In addition, the laws of some jurisdictions may not permit certain limitations of liability in this Section 10. If such laws are determined to apply to this Agreement, this Section 10 will apply to the maximum extent permitted by law.

​

10.4 Failure of Essential Purpose

 

Each party acknowledges and agrees that this Section 10 is a fundamental basis of the bargain and a reasonable allocation of risk between the parties, and that even if any limited remedy fails of its essential purpose, regardless of the theory of liability (contract, tort, strict liability, or otherwise), this Section 10 will survive and apply to all claims arising out of or relating to this Agreement, any Lubinpla Technology, or any related services.

​​

​

11. General

 

11.1 Governing Law

​

This Agreement is governed by the laws of the Republic of Korea. Your use of the Services may also be subject to other local, state, national, or international laws.

​

11.2 Assignment

 

This Agreement is binding upon and inures to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement without the other party’s prior written consent. However, either party may assign this Agreement without the other party’s consent in connection with a merger, reorganization, acquisition, or transfer of all or substantially all of its assets or voting securities. Any attempt to transfer or assign this Agreement except as expressly permitted in this Section is void.

​

11.3 Notices

 

All notices or communications under this Agreement must be in writing. The Customer must send all notices under this Agreement (including notices of breach and warranty and indemnity claims) in English to Lubinpla at info@Lubinpla.com. Lubinpla may send notices to the email address registered in the Customer’s account, or, at Lubinpla’s option, to the Customer’s last confirmed postal address. Lubinpla may also provide service operation notices or other business-related notices related to the Lubinpla Services by prominently posting them on the Lubinpla website or within the Lubinpla Services. Each party consents to receiving electronic notices. Lubinpla is not responsible for any automatic filtering that may be applied to email notifications by the Customer or the Customer’s network provider.

​

11.4 Subcontractors

 

Lubinpla may use subcontractors to provide the Lubinpla Services and related services under this Agreement, and may permit such subcontractors to exercise the rights granted to Lubinpla. Such subcontractors may include, for example, Lubinpla’s hosting providers. However, subject to all terms and conditions of this Agreement, Lubinpla is responsible for: (i) the subcontractors’ compliance with this Agreement, and (ii) the overall performance of the Lubinpla Services where required under this Agreement.

​

11.5 Independent Contractors

 

The parties to this Agreement are independent contractors, and this Agreement does not create a partnership, joint venture, employment, franchise, or agency relationship. Neither party has authority to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.

​

11.6 Force Majeure

 

Neither party will be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including strikes, lockouts, war, acts of terrorism, riots, natural disasters, outages or reductions of power or telecommunications or data networks or services, or governmental actions.

​

11.7 Export Controls

 

Each party shall comply with all applicable export control laws and regulations. The Customer represents and warrants that the Customer is not included on any government prohibited or restricted party list, is not located in (and is not a national of) any government embargoed country, and is not located in any country designated by a government as “terrorist supporting.”

​

11.8 Publicity

 

The Customer agrees that Lubinpla may use the Customer’s name and trademarks (including display of the Customer’s logo) in Lubinpla’s marketing materials and website solely for the purpose of identifying the Customer as a Lubinpla customer. This permission continues until the earlier of (the termination of the Services or the time the Customer submits a written request to stop such use). The Customer represents that it has all rights necessary to grant such permission.

​

11.9 Amendments; Waiver

 

Lubinpla may, with prior notice to the Customer pursuant to Section 11.3, update the terms and conditions of this Agreement (which may include pricing and plan changes) from time to time. A waiver of rights is not implied from conduct or from a failure to enforce or exercise any right. A waiver must be in writing and signed by an authorized representative of the waiving party.

​

11.10 Severability

 

If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or invalid, such provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in full force and effect.

​

11.11 No Third-Party Rights

 

Nothing in this Agreement grants any third party the right to enforce any provision of this Agreement.

​

11.12 Entire Agreement

 

This Agreement constitutes the parties’ complete and exclusive understanding regarding the subject matter hereof. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations regarding Lubinpla Technology or other subject matter covered by this Agreement. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement. Any terms provided by the Customer (including terms provided as part of the Customer’s purchase order or other business form) are for administrative purposes only and have no legal effect.

​

11.13 Contact

 

For general inquiries regarding the Services, please contact info@lubinpla.com.

​

​

​