Terms of Service

Chapter 1. General Provisions

Article 1. Purpose

Article 2. Definitions

The definitions of key terms used in these Terms are as follows:

1. HUMMINGo: Refers to the web-based service developed and operated by the Company, which utilizes AI and proprietary rubrics to generate and automatically assess English writing and speaking assignments, supporting users in learning a foreign language.

2. Services: Refers to all learning content and AI-based evaluation services provided through HUMMINGo.

3. User: Refers collectively to both Members and Non-members who access or use the Services in accordance with these Terms.

4. Member: An individual who has agreed to these Terms, entered into a service agreement with the Company, and has been issued a unique user ID and password.

5. Non-member: An individual who uses the Services without registering as a Member.

6. Account (Email Address): The unique identifier created based on a Member's registered email address, used for accessing and managing the Services.

7. Site: Refers to the online platform operated by the Company where users may access the Services using a computer or other information and communication devices. It also refers to the Company operating the website at https://www.huminggo.ai

8. In-Service Payment: The act of purchasing usage credits or access to specific features of the AI evaluation Services within the platform.

9. In-Service Content: AI-based evaluation features and related functionalities available for purchase through In-Service Payment.

10. Paid Services: Any Services provided by the Company that require payment from the Member.

11. Subscription Services: Paid Services for which recurring billing is conducted on a monthly or annual basis.

Article 3. Effectiveness and Amendment of Terms

1. These Terms become effective when posted on the HUMMINGo service registration page or otherwise communicated to the user. By agreeing to the Terms and completing registration, the user becomes subject to these Terms from the moment of agreement. In the event of any amendments, the updated Terms shall apply from their effective date.

2. The Company may revise these Terms in compliance with applicable laws and regulations, including but not limited to consumer protection laws, e-commerce laws, and data protection laws, provided that such revisions do not infringe upon users' lawful rights.

3. In the event of any amendments to these Terms, the Company shall notify users by specifying the effective date and reasons for the changes, alongside the current version, at least ten (10) days prior to the effective date via methods outlined in paragraph 1. If the changes significantly affect user rights or obligations, the Company shall provide notice at least thirty (30) days in advance via email to the user's registered address.

4. If a user does not express objection within thirty (30) days of such notice, after having been informed that silence will be considered consent, the revised Terms will be deemed accepted by the user.

5. Users who do not consent to the amended Terms may continue to be governed by the previous version, where applicable. However, refusal to accept the revised Terms may result in restricted access or termination of the Services.

Article 4. Governing Rules Outside the Terms

Matters not expressly stated in these Terms shall be governed by applicable laws, individual service-specific terms and conditions established by the Company, and any detailed usage policies, guidelines, or rules separately provided by the Company.

Chapter 2. Service Use Agreement

Article 5. Formation of the Service Agreement

1. The service agreement is established when an individual who wishes to use the Service agrees to the Terms of Service and the Privacy Policy by selecting "Agree" on the registration page and submits an application, which is then approved by the Company.

2. The Company will consider all user information submitted through the online registration form to be accurate and true.

3. The agreement is concluded based on the user's registered email address (account), and only one user account per individual is permitted.

Article 6. Required Information for Registration

1. When applying to use the Service, the user must provide the information requested by the Company on the registration page via the online application form.

2. The personal information provided in the application form will be used solely for the performance of this agreement and for the provision of services under this agreement. All handling of personal information shall comply with the Company's Privacy Policy.

Article 7. Approval of Service Application

The Company will, in principle, approve the user's service application if the user has accurately provided the required information as set forth in Article 6 and has agreed to these Terms and the Privacy Policy.

The Company may withhold or deny approval of a service application if there is a lack of system resources, technical difficulties, or operational constraints. In addition, the Company may reject, cancel, or restrict service use if any of the following apply:

1. The service cannot be provided due to technical limitations.

2. There are insufficient system resources or operational/technical issues.

3. The application contains false, missing, or incorrect information, or is submitted using another person's identity.

4. The same user attempts to register multiple accounts or use duplicate email addresses or phone numbers.

5.The application violates any other terms, policies, or guidelines set by the Company.

The Company may classify service access levels based on the user's qualifications or membership status.

If the Service becomes temporarily unavailable due to technical issues, the Company will make reasonable efforts to notify users in advance and promptly resolve the issue.

Chapter 3. Use of Services

Article 8. Provision of Services

The Company shall provide services to a Member upon approval of the Member's application. However, in the case of certain services, including paid services, the provision of such services may begin after payment is completed or on a separately designated date.

② If the Company is unable to provide or commence services due to technical difficulties, it will notify users via the website or through other appropriate means.

Article 9. Service Availability

① The Company strives to provide services 24 hours a day, 365 days a year. However, services may be temporarily suspended for reasons such as system maintenance, equipment repair or replacement, malfunctions, or network disruptions. In such cases, the Company will notify users in advance or afterward.

② The Company may conduct regular maintenance to ensure smooth content delivery, and will notify users at least 24 hours in advance through the service platform.

Article 10. Service Fees

Fees, payment methods, and refund policies for paid services follow the terms outlined herein. If separate terms are provided for specific services, those shall apply.

The Company provides paid services based on a subscription model and may add or modify services depending on internal or external circumstances.

1. Subscription-based Paid Services: A recurring monthly payment is automatically charged using the Member's registered payment method, and the subscription renews automatically.

2. Fixed-term Paid Services: If the subscription is canceled before the end of the usage period, access to the paid service will end when the current term expires.

Paid services begin upon the Company's approval of the Member's subscription request (e.g., successful payment within the HUMMINGo platform).

The Company will display subscription details on the Member's account page under Subscription Information.

Prior to any paid service transaction, the Company will provide clear and accurate information on the content of the paid service, the next billing date, billing amount, and payment method to ensure informed consent by the Member.

If a Member upgrades to a higher-tier paid service (meaning a service with a higher fee), billing for the new service will begin immediately on the upgrade date. Fees already paid for the previous service will not be refunded.

The Company may offer free trial benefits for certain services.

Payments made by Members under the age of 19 (hereinafter referred to as "minor Members") must be approved by a legal guardian. Guardians may cancel transactions made without their consent. However, if a minor Member has misrepresented themselves as being of legal age or falsely claimed to have guardian consent, cancellation may not be permitted.

Article 11. Payment Methods

The following payment methods are available for the Company's paid services. Availability may vary depending on the type of service:

1. Prepaid cards, debit cards, credit cards, and other card-based payments

2. Simple (one-click) payment services

3. Other electronic payment methods provided by the Company

Members may use only the payment methods designated by the Company for paid services.

If a paid service involves recurring payments as permitted by applicable laws, the Member's registered payment method may be charged on a regular basis. In such cases, the Company will obtain consent and provide notifications in accordance with relevant laws.

The Company may add or discontinue specific payment methods at its discretion.

For credit-based payments (used in conjunction with other payment methods), the terms of use, refund policies, and availability period may change based on the Company's policy.

Trial credits or bonus usage counts provided by the Company are non-refundable in cash. If a Member cancels their membership or loses eligibility, any unused credits will automatically expire after the next subscription billing date following the date of issuance.

Article 12. Changes to the Service

If the Company changes the content, usage method, or availability hours of its content services, it shall notify Members by posting the reason for the change, the details of the changes, and the effective date on the relevant content or service page at least seven (7) days in advance.

The Company may change the prices of paid services for operational or technical reasons. In such cases, it shall provide prior notice to Members through announcements or on the Company's website.

The Company may partially or completely restrict or suspend the use of the service in the following cases:

1. When unavoidable due to construction, such as expansion or maintenance of service facilities

2. When service suspension is required due to reasons beyond the Company's control

3. When service provision is hindered by excessive usage or traffic

4. When the Company deems it appropriate to replace the service with a new one

5. In the event of force majeure, such as power outages, natural disasters, or national emergencies

If the service is suspended due to any of the reasons listed above, the Company shall notify Members in advance. However, if prior notice is not possible due to circumstances beyond the Company's control, the Company may notify Members afterward.

Article 13. Management of "ID" and "Password"

Members are solely responsible for managing their ID (email account) and password and must not allow any third party to use them.

The Company shall not be liable for any damages incurred during service use due to the Member's negligence in managing their ID and password. If a Member becomes aware of any unauthorized use by a third party, the Member must immediately notify the Company, and all resulting responsibilities lie with the Member. However, the Company shall be liable for damages resulting from deficiencies in its security systems.

In the event described in the preceding paragraph, the Company may request the Member to take necessary actions, such as changing their password, to protect personal information and prevent unauthorized use of the service. The Member shall comply with such requests from the Company in good faith without delay.

Article 14. Copyrights of Service Content and User-Posted Materials

The copyrights of the website and digital content (including AI-generated feedback) created and provided by the Company belong to the Company. All copyrights and other intellectual property rights related to works created by the Company are owned by the Company.

The copyrights of posts uploaded by users within the service are protected under the Copyright Act. However, if a member withdraws from the service or loses membership status, the posts recorded in their account will be deleted.

Members shall not record, reproduce, edit, display, transmit, distribute, sell, broadcast, or publicly perform any information obtained through the services provided by the Company without prior consent. Such acts shall be deemed an infringement of the Company's copyrights and other intellectual property rights.

Chapter 4. Obligations of the Parties

Article 15. Obligations of the Company

The Company shall not engage in activities prohibited by relevant laws or contrary to public morals and shall do its best to provide continuous and stable services in accordance with these Terms and Conditions.

The Company shall not disclose or leak a member's personal information to third parties without the member's consent. However, exceptions shall be made when required by relevant laws, by a legitimate request from a governmental authority, for investigative purposes, or when deemed necessary for public interest.

The Company shall strive to protect members' personal information, including registration data, as prescribed by applicable laws. The handling of personal data shall comply with relevant legislation and the Company's [Privacy Policy]

If the Company recognizes a member's opinion or complaint regarding service use as legitimate, it shall address the issue as promptly as possible.

Article 16. Obligations of the Member

Members must comply with these Terms and all applicable laws and regulations.

When using the Services, Members shall not engage in any of the following acts:

1. Providing false information during registration or modification, or disclosing, distributing, transmitting, using, or sharing their own or another member's email account or personal information

2. Using information obtained through the Service for commercial purposes, or publishing, broadcasting, reproducing, transmitting, or sharing such information without authorization

3. Infringing on the intellectual property or other rights of third parties

4. Interfering with the operation of the Company's website or services, or with other members' use of the Services

5. Impersonating Company staff or representatives

6. Distributing to third parties any content (such as symbols, text, sound, or video) that violates public order or accepted standards of decency

Members are responsible for managing their own personal information for the use of the Services. In the case of users under the age of 14, their legal guardians (e.g., parents) may manage the account on their behalf.

Chapter 5. Refunds and Termination of Service

Article 18. Member Withdrawal and Service Restrictions

Members may request to withdraw from the Service at any time by contacting the Company via its customer support email. The Company will process such requests without delay unless there are unavoidable circumstances.

Upon withdrawal, all remaining usage credits held by the Member will be forfeited and will not be restored upon re-registration.

If a Member violates these Terms or any applicable laws, the Company may restrict the Member's access to the Service or terminate their membership.

Article 19. Subscription Cancellation and Withdrawal of Purchase

Members may cancel their purchase of a paid service within seven (7) days of receiving confirmation of their subscription (e.g., confirmation of an in-app purchase for a HUMMINGo subscription).

If a Member submits a cancellation request via customer support within the 7-day withdrawal period, the Company will issue a refund within three (3) business days of receiving the request.

Article 20. Termination of Paid Services and Effects

Members may terminate the paid service contract within thirty (30) days of becoming aware (or reasonably should have become aware) of any of the following issues, or within three (3) months of receiving the service:

1. The paid service was not provided, or there was a significant discrepancy between the service provided and its description or advertising.

2. The paid service cannot be used despite meeting the Company's stated minimum technical requirements.

3. Other service defects prevent normal use of the paid service.

Members may cancel their subscription to recurring paid services at any time through the settings menu. Once canceled, no further automatic payments will be made from the next billing cycle. However, access to the service will continue until the end of the current paid period.

For services that include promotional benefits or special offers, separate cancellation and refund policies may apply, which will be clearly disclosed in advance.

The Company is not obligated to retain any user data or content after account suspension or termination. If the Member's payment is overdue for more than seven (7) days, related data or content may be permanently deleted and unrecoverable.

Chapter 6. Liability and Compensation

Article 21. Liability for Damages

The Company shall be liable for damages caused to a Member only in cases where such damages result from the Company's willful misconduct or gross negligence.

If a Member is unable to access a paid service after payment, the Company shall restore access, offer a replacement service, or provide a refund. However, the Company shall not be liable for any damages related to the use of free services or services provided during a free trial period.

If a Member violates any applicable laws or these Terms while using the Service, and such violation causes damage to the Company or a third party, or if the Company is subject to a claim or legal action by a third party as a result, the Member shall be liable for any damages incurred by the Company.

If a Member is restricted from using the Service or has their service agreement terminated due to willful misconduct, negligence, or violation of these Terms, the Company shall not be liable for any resulting damages. In such cases, the Company may issue a refund based on the criteria set forth in Article 20, Paragraph 4. Any remaining usage rights held by the Member will be forfeited, and the Company shall not be obligated to refund the cost of purchased service content.

Article 23. Dispute Resolution

The Company shall handle any opinions or complaints submitted by Members in an appropriate and timely manner and shall notify the Member of the outcome. If prompt resolution is not possible, the Company shall inform the Member of the reason for the delay and the expected timeline.

If the Company determines that the Member's opinion or complaint is unjustified and therefore chooses not to process it, the Company shall notify the Member of the reason.

In the event of a dispute between the Company and a Member, either party may request mediation through the Content Dispute Resolution Committee established under Article 29 of the Korean Content Industry Promotion Act.

Article 24. Governing Law and Jurisdiction

In the event of litigation arising from the use of the Services between the Company and a Member, the Seoul Central District Court shall have exclusive jurisdiction as the court of first instance.

These Terms of Service shall take effect as of September 12, 2025.