PWS (PhytoWorks Web Service) Terms of Service

These Terms of Service apply during the Beta Service period. Upon official launch, the Service content, pricing structure, and terms may be modified. Any such modifications shall be communicated in advance through in-Service notices and email.

Version: v1.0-beta

Effective Date: March 27, 2026

Last Revised: March 27, 2026

These Terms of Service are effective as of March 27, 2026.

[KO] 이 약관은 2026년 3월 27일부터 적용됩니다.

In case of any inconsistency between the Korean and English versions, the Korean version shall prevail.

Chapter 1: General Provisions

Article 1 (Purpose)

The purpose of these Terms of Service is to set forth the terms and conditions of use, procedures, and the rights, obligations, and responsibilities of the Company and Users with respect to PWS (PhytoWorks Web Service, hereinafter the "Service") provided by PhytoWorks Inc. (hereinafter the "Company").

Article 2 (Definitions)

The definitions of terms used in these Terms of Service shall be as follows:

1. "Service" or "PWS" refers to the data analysis platform and all related services provided by the Company under the name "PhytoWorks Web Service." This includes, but is not limited to, Console (data management), Phenos (AI analysis), IoT device integration, and file management.
2. "User" refers to any person (including institutions and individuals) who enters into a service agreement with the Company pursuant to these Terms of Service and uses the Service.
3. "Workspace" refers to an independent working space within the Service where Users manage data and collaborate with team members.
4. "AI Service" refers to the features within the Service that perform data analysis, interpretation, AI inference, and similar functions utilizing artificial intelligence technology.
5. "AI-Generated Output" refers to all outputs generated through the AI Service, including analysis results, reports, and recommendations.
6. "User Data" refers to images, data, measurements, and other content uploaded by the User to the Service or generated through the Service.
7. "Account" refers to the unique means of identification created by the User, such as through an email address, for the purpose of using the Service.
8. "Paid Services Policy" refers to a separate policy (Paid Services Policy) or Order Form that sets forth specific transaction terms regarding fees, payment, refunds, and other conditions of paid services.
9. "Operational Policy" refers to detailed guidelines separately announced by the Company in connection with the use of the Service.

Article 3 (Publication, Effectiveness, and Amendment of Terms)

1. The Company shall publish the contents of these Terms of Service on the initial screen of the Service or a linked screen so that Users may become aware thereof.
2. The Company may amend these Terms of Service to the extent not in violation of applicable laws and regulations, provided there are substantial operational, technical, security, or legal reasons.
3. When the Company amends these Terms of Service, it shall specify the effective date and the reasons for amendment and post a notice on the Service or the website together with the current Terms of Service no later than seven (7) days prior to the effective date.
4. Notwithstanding the foregoing, in the event of changes that are disadvantageous to or materially affect Users, notice shall be given no later than thirty (30) days prior to the effective date, and individual notification shall be provided by electronic means such as email. In such cases, Users who do not consent to the changes may terminate the service agreement.
5. If a User does not consent to the application of the amended Terms of Service, the User may terminate the service agreement. Continued use of the Service after the effective date of the amended Terms of Service shall be deemed consent to the changes.
6. Previous versions of the Terms of Service may be viewed on the Company's website.

Article 4 (Order of Precedence Among Documents)

In the event of any conflict among documents entered into between the User and the Company, the following order of precedence shall apply:

1. Separate written agreement or Order Form
2. Data Processing Addendum (DPA) or Service Level Agreement (SLA)
3. These Terms of Service
4. Ancillary policies such as the Paid Services Policy and the Operational Policy

Article 5 (Supplementary Rules)

Matters not stipulated in these Terms of Service shall be governed by applicable laws and regulations or separate terms of service and operational policies established by the Company for individual services.

Chapter 2: Use of the Service

Article 6 (Formation of the Service Agreement)

1. The service agreement shall be formed when the User applies for membership registration after agreeing to the contents of these Terms of Service, and the Company accepts such application. At the time of registration, the User agrees to the entirety of these Terms of Service, including the provisions of Chapter 9 (Beta Service Provisions).
2. The Company shall, in principle, promptly accept the User's application. However, the Company may withhold or refuse acceptance in the following cases:
   • Where the applicant uses a false identity or the identity of another person
   • Where false information is provided or required information is omitted
   • Where the applicant's eligibility was previously restricted due to a violation of these Terms of Service
   • Where there are technical or operational impediments

Article 7 (Membership Registration and Account)

1. The User shall apply for membership registration by entering the required information, such as an email address, in the form prescribed by the Company.
2. The User must complete identity verification procedures through email verification (OTP) or password.
3. The User shall maintain accurate and up-to-date Account information, and the Company shall not be liable for any disadvantage arising from the User's failure to do so.
4. The User shall not assign or lend their Account to any third party, and the responsibility for Account management shall rest with the User.

Article 8 (Acceptance and Restriction of Applications)

1. The Company shall accept applications for use where there are no operational or technical impediments.
2. The Company may refuse an application for use or terminate the service agreement after the fact in the following cases:
   • Where acceptance is not possible due to reasons attributable to the User
   • Where the applicant does not meet the age requirements prescribed by applicable laws and regulations
   • Where the application otherwise violates these Terms of Service

Article 9 (Workspace and Team Management)

1. Users may create a Workspace within the Service and invite team members to collaborate.
2. A Workspace administrator may set and modify the access permissions of team members.
3. The management and backup of data within a Workspace shall be the responsibility of the Workspace administrator.
4. Any User who creates or manages a Workspace on behalf of an institution or organization (hereinafter "Administrator") represents and warrants that they have the proper authority to agree to these Terms of Service, related policies, and Order Forms on behalf of such institution or organization.
5. In the case of a Workspace maintained in the name of an institution or organization, such institution or organization shall bear the responsibilities under these Terms of Service with respect to the use of the Service by its members.

Chapter 3: AI Service

Article 10 (Provision of AI Service)

1. The Company provides AI Services to assist with data analysis.
2. AI Services are provided utilizing artificial intelligence technology from third parties such as Google LLC (Vertex AI) and OpenAI, Inc. The specific list of third parties may be found in Article 6 (Overseas Transfers) of the Privacy Policy.
3. The Company may change or add third-party AI providers where there are substantial operational, technical, or security reasons, in which case the Company shall amend the Privacy Policy and provide advance notice.
4. Pursuant to Article 31 of the AI Basic Act, outputs generated through the AI Service shall be labeled in a manner that is recognizable by humans or machine-readable to indicate that they were generated by AI. Such labeling shall be included in the chat interface, reports and export files, API response metadata, and similar mediums.

Article 11 (Nature and Liability of AI-Generated Output)

1. AI-Generated Output is provided as reference information and does not replace professional judgment. Users must conduct professional verification when utilizing AI-Generated Output for business decision-making.
2. The disclaimer of warranties for AI-Generated Output shall be governed by Article 19 (Disclaimer of Warranties).
3. The ultimate responsibility for decisions and actions taken by a User based on AI-Generated Output shall rest with the User.
4. To the extent that substantial creative human contribution is demonstrated with respect to AI-Generated Output, such output may be eligible for protection under copyright law; however, output without substantial human contribution may not be protected as a copyrightable work.

Article 12 (AI Training and Data Utilization)

1. The external AI service providers utilized by the Company (Google Vertex AI, OpenAI, etc.) operate pursuant to the applicable business/API terms and Data Processing Addenda (DPA), and shall not use User Data for AI model training or fine-tuning without a separate opt-in or instruction from the User.
2. Pursuant to Article 28-2 of the Personal Information Protection Act (PIPA), the Company may pseudonymize User Data and utilize it for the purposes of service improvement and scientific research. In such cases, the Company shall not attempt re-identification and shall limit the purpose and retention period. For further details regarding pseudonymized data processing, please refer to Article 7 of the Privacy Policy.
3. The Company may utilize fully aggregated statistical data (anonymized information) that cannot identify individuals for the purposes of service quality analysis and research.

Chapter 4: User Data and Intellectual Property Rights

Article 13 (Management of User Data)

1. Ownership of User Data uploaded by the User to the Service or generated through the Service shall remain with the User.
2. The User hereby grants the Company a non-exclusive, purpose-limited license to process User Data solely to the extent necessary for the provision of the Service, hosting, backup, transmission, security, and customer support. This license shall remain effective during the term of the service agreement, and upon termination, shall survive only to the extent necessary pursuant to Article 23 (Survival).
3. The Company shall not provide User Data to any third party for purposes other than the provision of the Service to the User without the User's consent.
4. Users may export their User Data through the Service.
5. Upon termination of the service agreement, data shall be processed as follows:
   • Personal information: Processed in accordance with the retention periods set forth in the Privacy Policy
   • User Data: Export available for 30 days following termination; destruction within 90 days thereafter
   • Backups: Automatic destruction within 90 days of original data destruction
   • Where a separate agreement exists, the terms of such agreement shall take precedence

Article 14 (Intellectual Property Rights)

1. Intellectual property rights in the Service itself (software, UI, documentation, AI model integration logic, workflows), the Company's trademarks, and de-identified aggregate statistics generated during the operation of the Service shall belong to the Company.
2. Rights to User Data and user-generated outputs created or uploaded by the User through the Service shall belong to the User.
3. To the extent that substantial creative human contribution is demonstrated with respect to AI-Generated Output, the User may claim rights thereto; however, output without substantial human contribution may not be protected as a copyrightable work.

Chapter 5: User Obligations

Article 15 (Obligations of the User)

Users shall not engage in any of the following acts when using the Service:

1. Misappropriating another person's information or registering false information
2. Engaging in acts prohibited by applicable laws or these Terms of Service through the use of the Service
3. Intentionally interfering with the Company's operation of the Service
4. Reselling or rehosting all or part of the Service, unauthorized reproduction or distribution of the Company's materials (documentation, software, UI, etc.), or misleading use of the Company's brand
5. Infringing upon the intellectual property rights of the Company or any third party
6. Defaming or interfering with the business of the Company or any third party

Article 16 (Usage Policies and Prohibited Acts)

1. Users shall not engage in the following acts that undermine the stable operation of the Service:
   • Reverse engineering, decompiling, or disassembling the Service
   • Abnormal access to the Service through automated means (bots, crawlers, etc.)
   • Exploiting security vulnerabilities of the Service (excluding responsible disclosure through the Company's separately operated security reporting program)
   • Abusing the AI Service to generate illegal or harmful content
   • Uploading data that infringes upon the rights of third parties to the Service
   • Sharing, assigning, or lending an Account
   • Public distribution of competitive benchmarks conducted using the Service
   • Violating sanctions or export control laws of the Republic of Korea or the applicable jurisdiction
2. In the event that a User engages in any of the acts described in the preceding paragraph, the Company may take the following measures:
   • Request for corrective action, restriction of Service use (temporary suspension), or termination of the service agreement
   • In the event of an imminent security threat, violation of applicable laws, or clear infringement of a third party's rights, the Company may immediately suspend use without prior notice; in such cases, the Company shall provide notification of the reasons without delay after the fact
   • In all other cases, the Company shall take action after providing prior notice within a reasonable period
3. User Indemnification (Indemnity). Where a User violates these Terms of Service (including Articles 15 and 16) or infringes upon the rights of a third party, thereby causing damages to the Company, the User shall indemnify and hold the Company harmless against the Company's reasonable defense costs (including attorneys' fees) and damages. However, any portion attributable to the Company's willful misconduct or gross negligence shall be excluded.

Chapter 6: Fees and Payment

Article 17 (Paid Services)

1. All or part of the Service may be provided on a paid basis. The specific transaction terms, including the types of paid services, usage fees, payment methods, billing cycles, automatic renewal, taxes, treatment of non-payment, refunds, free trials, seat-based or usage-based criteria, and similar matters, shall be set forth in the Paid Services Policy or a separate Order Form. In the event of any conflict between the Paid Services Policy or Order Form and these Terms of Service, the applicable policy or Order Form shall prevail (Article 4).
2. When the Company changes its fees, it shall notify existing Users no later than thirty (30) days prior to the effective date, and Users who do not consent may terminate the service agreement.
3. The purchase and terms of use for hardware products (such as NITRO) shall be governed by separate agreements.
4. During the Beta Service period, no paid payment system shall be operated. In the event the Company introduces an online payment system through its website following official launch, the Company shall comply with the following after completing the mail-order business registration, pursuant to the Act on Consumer Protection in Electronic Commerce, Etc. (E-Commerce Act):
   • Display and accessible disclosure of transaction terms (trade name, representative, address, telephone number, email, business registration number, mail-order business registration number, link to Terms of Service)
   • Compliance with consumer protection provisions including the right of withdrawal (within seven (7) days). However, the right of withdrawal may be restricted where the provision of digital content has commenced with prior notice to and express consent of the User.
   • Retention of transaction records as required by applicable laws (advertisements: six (6) months; contracts and withdrawal of offers: five (5) years; payment and supply records: five (5) years; consumer complaints and dispute resolution: three (3) years)

Chapter 7: Limitation of Liability

Article 18 (Obligations of the Company)

1. The Company shall not engage in any acts prohibited by applicable laws and these Terms of Service or that are contrary to public order and morals, and shall use reasonable efforts to provide the Service on a continuous and stable basis.
2. The Company shall manage Users' personal information securely in accordance with the Privacy Policy.
3. The Company shall address opinions and complaints raised by Users in connection with the use of the Service where such opinions and complaints are determined to be legitimate.
4. Specific service levels (SLA) may be established by separate agreement.

Article 19 (Disclaimer of Warranties)

The provisions of this Article shall not apply to liability arising from the Company's willful misconduct or gross negligence, or to any liability that applicable laws prohibit from being excluded or limited.

1. The Service is provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by applicable law, the Company makes no express or implied warranties regarding the following:
   • Uninterrupted or error-free operation of the Service
   • Fitness for a particular purpose or merchantability
   • Accuracy, completeness, timeliness, or reliability of AI-Generated Output
   • Suitability for business judgment or decision-making
2. Features provided by the Company and designated as "Beta" or "Preview" are experimental in nature and may be modified or discontinued without prior notice, and the standard service level warranties shall not apply thereto.

Article 20 (Damages and Limitation of Liability)

The provisions of this Article shall not apply to liability arising from the Company's willful misconduct or gross negligence, or to any liability that applicable laws (including consumer protection statutes) prohibit from being excluded or limited.

1. Where the Company or a User causes damage to the other party by violating these Terms of Service, such party shall compensate for the damages.
2. Limitation to Direct Damages. Notwithstanding the foregoing, neither party shall be liable to the other for indirect damages, special damages, consequential damages, punitive damages, lost profits, or damages for data loss. However, damages arising from a User's indemnification obligations (Article 16, Paragraph 3) and breach of confidentiality obligations shall be excluded from this limitation.
3. Liability Cap. The total amount of damages borne by the Company to a User in connection with these Terms of Service shall not exceed the total amount of paid service fees actually paid by the User to the Company during the twelve (12) months immediately preceding the event giving rise to such damages. In the case of Users utilizing the Service free of charge during the Beta Service period, the Company's liability for damages shall be limited to the extent permitted by applicable law.
4. The Company shall be exempt from liability where it is unable to provide the Service due to force majeure events, including natural disasters, war, or suspension of service by a backbone telecommunications provider.
5. The Company shall not be liable for any disruption to Service use caused by reasons attributable to the User.
6. The Company shall have no obligation to intervene in disputes between Users or between a User and a third party, and shall not be liable for any damages arising therefrom.

Article 21 (Modification and Suspension of the Service)

1. The Company may modify all or part of the Service where there are substantial operational, technical, security, or legal reasons. Changes shall be announced in advance.
2. The Company may temporarily suspend all or part of the Service in the following cases:
   • Maintenance, inspection, replacement, or failure of equipment
   • Service upgrades and system maintenance
   • Force majeure events such as power outages or natural disasters
   • Urgent circumstances such as security incident response
3. Where suspension of the Service is scheduled, the Company shall provide advance notice; where unavoidable, notice may be provided after the fact.
4. In the event of a material reduction of core features or termination of the Service, the Company shall notify Users by email and in-Service notice no fewer than ninety (90) days in advance, and Users who do not consent to such changes may terminate the service agreement.
5. Upon termination of the Service, the Company shall provide Users with a reasonable period (no fewer than thirty (30) days) to export their User Data. Following the expiration of such period, data shall be destroyed in accordance with the Privacy Policy.

Chapter 8: Termination and Miscellaneous

Article 22 (Termination and Suspension of the Service Agreement)

1. A User may request termination of the service agreement at any time through the Service settings or customer support, and the Company shall process such request promptly in accordance with applicable laws.
2. Upon termination of the service agreement, the User's personal information and data shall be processed in accordance with Article 3 (Retention Period) and Article 8 (Destruction) of the Privacy Policy.
3. The Company may immediately suspend the use of the Service or terminate the service agreement with prior or subsequent notice in the following cases:
   • Where a User has violated these Terms of Service or the usage policies (Articles 15 and 16)
   • Where a security threat or compromise of system stability has been confirmed or is reasonably suspected
   • Where applicable laws, sanctions, or export control laws have been violated
   • Where paid service fees remain unpaid (following the expiration of the grace period prescribed in the Paid Services Policy)
   • Where a third party asserts intellectual property or other rights infringement in connection with the User's use of the Service
   • Where the User has intentionally interfered with the operation of the Service
4. In the event of an imminent security threat, violation of applicable laws, or immediate risk to system stability, the Company may immediately suspend use without prior notice, and shall provide notification of the reasons without delay after the fact. In all other cases, the Company shall take action after providing prior notice within a reasonable period.

Article 23 (Survival)

The following provisions shall survive the termination or expiration of the service agreement to the extent necessary by their nature: Article 4 (Order of Precedence Among Documents), Article 13, Paragraphs 2 and 3 (Data License and Prohibition of Third-Party Provision), Article 14 (Intellectual Property Rights), Article 16, Paragraph 3 (User Indemnification), Article 19 (Disclaimer of Warranties), Article 20 (Damages and Limitation of Liability), this Article (Survival), Article 24 (Confidentiality), Article 25 (Dispute Resolution), and Article 26 (Governing Law and Jurisdiction).

Article 24 (Confidentiality)

The User and the Company shall not use information provided by the other party on a confidential basis (including User Data and the Company's non-public technical information) for purposes other than those contemplated by these Terms of Service, nor disclose such information to any third party. However, exceptions shall be made for disclosure obligations imposed by applicable laws, prior consent of the disclosing party, or information that is already publicly known.

Article 25 (Dispute Resolution)

1. In the event of a dispute between the Company and a User in connection with the use of the Service, both parties shall negotiate in good faith to resolve such dispute.
2. If the dispute cannot be resolved through negotiation pursuant to the preceding paragraph, the User may apply for mediation with a relevant dispute mediation body, such as the Personal Information Dispute Mediation Committee or the Korea Consumer Agency.

Article 26 (Governing Law and Jurisdiction)

1. The interpretation of these Terms of Service and disputes between the Company and Users shall be governed by the laws of the Republic of Korea.
2. Any litigation arising between the Company and a User in connection with the use of the Service shall be filed with the court having jurisdiction pursuant to the Civil Procedure Act and other applicable laws.
3. The foregoing provisions shall not restrict any rights of the User under mandatory consumer protection laws of the User's country of residence.

Chapter 9: Beta Service Provisions

Article 27 (Scope of Beta Service)

1. The Service is currently provided at the Beta stage. The Beta Service is offered to allow Users to experience the Service prior to official launch, and there may be differences from the official Service in terms of features, stability, data retention, and similar aspects.
2. During the Beta period, the Service shall be provided free of charge. In the event of a transition to paid services, the Company shall provide advance notice through in-Service notices and email no fewer than thirty (30) days prior, and Users who do not consent to the paid transition may terminate the service agreement.
3. During the Beta period, the Company has not completed mail-order business registration and shall not process online paid payments. Upon the introduction of paid services, the Company shall complete the registration procedures required by applicable laws before commencing operations.

Article 28 (Modification and Termination of Beta Service)

1. The features, specifications, and terms of use of the Beta Service may be modified following prior notice. However, material changes that are disadvantageous to Users shall be announced no fewer than fourteen (14) days in advance.
2. The Company may terminate the Beta Service and transition to the official Service, in which case it may comprehensively amend the Terms of Service, Privacy Policy, and other related policies. The amended Terms of Service shall be communicated through in-Service notices and email at the time of official launch, and the User's consent shall be obtained.
3. Upon termination of the Beta Service, existing User data shall, in principle, be migrated to the official Service; however, where migration is not feasible due to technical reasons, a minimum period of thirty (30) days shall be provided for data export.

Article 29 (Limitation of Warranties for Beta Service)

1. In addition to Article 19 (Disclaimer of Warranties), the following additional limitations shall apply to the Beta Service:
   • Service features may be added, modified, or removed following the advance notice procedures under Article 28
   • Temporary service interruptions or data processing delays may occur
   • The accuracy of AI analysis results may be lower compared to the official Service
2. The Company shall not be liable for damages arising from the foregoing limitations of the Beta Service, except in cases of willful misconduct or gross negligence.

Addendum

Article 1 (Effective Date)

These Terms of Service shall take effect on March 27, 2026.

International Users

For EU/EEA Users

These Terms of Service have been prepared in accordance with the laws of the Republic of Korea. For Users residing in the EU/EEA, no provision of these Terms of Service shall restrict your rights under EU consumer protection legislation (including Directive 2011/83/EU) and the GDPR.

For California Users

These Terms of Service do not restrict the rights of California residents under the CCPA/CPRA. For rights concerning personal information, please refer to the California Residents section of the Privacy Policy.

Age Requirements

Users must be at least the minimum age prescribed by the laws of their respective country or region. Where consent of a legal guardian is required, such consent must be obtained.

Export Control

The Service may contain technology subject to United States export control laws. Users agree not to use the Service from any country or territory subject to OFAC sanctions.

PhytoWorks Inc.

CEO: Taeksung Lee

Address: Room 230, Marine Bio-Industry Support Center, Gangneung Science & Industry Promotion Agency, 641-22 Saimdang-ro, Gangneung-si, Gangwon Special Self-Governing Province, Republic of Korea

Business Registration Number: 638-87-03540

Phone: 010-4286-4863

Email: support@phyto-works.com