ARPI - Medical AI Solutions

ECG Buddy End-User License Agreement (EULA)
<h1 style="text-align:center;">ECG Buddy End-User License Agreement (EULA)</h1>Effective Date: April 20, 2026<h2 style="text-align:center;">Chapter 1. General Provisions</h2> <h3>Article 1 (Purpose)</h3>The purpose of this Agreement is to prescribe the rights, obligations, and responsibilities between ARPI Inc. (hereinafter referred to as the "Company") and the End-User (hereinafter referred to as the "User") who intends to use ECG Buddy (hereinafter referred to as the "Software"), a standalone software medical device developed and provided by the Company. The User may use the Software by agreeing to this Agreement.<h3>Article 2 (Definitions)</h3>The definitions of the terms used in this Agreement are as follows:<ol><li>"Software": Refers to ECG Buddy, developed and provided by the Company, which is an item authorized by the Ministry of Food and Drug Safety as a standalone software medical device in accordance with the Digital Medical Products Act. The Intended Use of the Software is as follows, and all functions, including the Intended Use, shall not exceed the scope authorized under Relevant Laws:Intended Use (KR) (MFDS 24-1179)Software that assists a physician's diagnostic decisions by utilizing deep learning algorithms to analyze electrocardiogram (ECG) images or waveform data to aid in the diagnosis of arrhythmias and provide numerical risk scores for emergency situations and cardiac dysfunctions.</li><li>"Service": Refers to the additional support and the environment provided by the Company through the Software for the User's convenience, including the receipt of AI analysis requests, data processing, visualization of analysis results, generation and management of Analysis Reports, account operation, and customer support.</li><li>"Company": Refers to ARPI Inc., the developer and supplier of the Software. The detailed information of the Company is as follows:<ul><li>Registered Address: #1401, 8, Seongnam-daero 331beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea (ARPI Inc.)</li><li>Representative Contact: +82-31-738-0110</li><li>Representative Email: [email protected]</li></ul></li><li>"User": Refers to an individual or legal entity that has entered into a use agreement for the Software in accordance with this Agreement and has acquired the right to use (License) the Software according to the procedures provided by the Company. The User may only use the Software within the scope of the Intended User.</li><li>"Intended User": Refers to the users specified according to the Intended Use of the Software, which includes physicians (those responsible for final diagnosis and decisions), medical professionals using the Software to convey relevant information to physicians, medical and graduate medical students, researchers, and other non-clinical users for research and educational purposes.</li><li>"User Manual (IFU, Instructions For Use)": Refers to the user manual and safe use information provided by the Company for the Software, which is a document describing in detail the appropriate method of use, performance, and prohibited matters of the Software.</li><li>"License": Refers to the limited, non-exclusive, and non-transferable authority granted by the Company to the User to install, access, and use the Software in accordance with this Agreement and the Subscription Plan. It has the meaning given in Chapter 3 (License) of this Agreement.</li><li>"Subscription Plan": Refers to the Company's policy regarding the period and conditions for using the paid services of the Software, including the pricing method based on the number of ECG analysis requests and the membership subscription method where limited Credits are provided for monthly use during a specified period.</li><li>"Credit": Refers to a limited unit of use frequency granted to the User for a fee in accordance with the Subscription Plan, which can be used for AI ECG analysis requests and result inquiries. Credits may expire upon the expiration of the use period or termination of the Agreement.</li><li>"Membership": Refers to the membership status granted to use specific functions and Credits of the Software for a certain period by subscribing to the paid Subscription Plan provided by the Company.</li><li>"ECG": Refers to an electrocardiogram, which is the result of a cardiovascular test measuring the electrical activity of the heart. The Software processes only standard 12-lead ECG data.</li><li>"Analysis Report": Refers to the arrhythmia (heart rhythm) probability and digital biomarker risk scores quantified from 0 to 100 generated by the Software by analyzing the ECG data entered by the User. This report is used only for the purpose of assisting a physician's diagnostic decisions.</li><li>"Research Use Only (RUO)": Refers to the status where the Software is intended to be used solely for scientific research or educational purposes by non-clinical users such as medical students and researchers. It is expressly stated that RUO shall never be used for diagnosis, treatment, or other clinical applications, and functional restrictions may apply in accordance with Relevant Laws.</li><li>"Privacy Policy": Refers to a separate document that notifies the User and relevant data subjects of the method, purpose, period of processing and retention, provision to third parties, entrustment of processing (if applicable), and relevant rights regarding personal information. It is based on the Personal Information Protection Act of the Republic of Korea.</li><li>"Relevant Laws": Collectively refers to all domestic laws, notifications, and guidelines from regulatory authorities related to the manufacture, sale, and use of the Software, including the Digital Medical Products Act, Medical Device Act, and Personal Information Protection Act of the Republic of Korea, as well as their subordinate statutes and notifications.</li><li>"Effective Date": Refers to the date on which the User agrees to this Agreement and creates a member account, upon which this Agreement becomes effective.</li></ol><h3>Article 3 (Formation and Application of Agreement)</h3><ol><li>This Agreement shall be validly formed when a person who intends to become a User agrees to this Agreement and creates a member account.</li><li>The Company shall post the contents of this Agreement on the initial execution screen of the Software or the service screen so that the User can easily access them.</li><li>This Agreement shall be interpreted and applied in accordance with the laws of the Republic of Korea (provided, however, that if a separate Appendix applies to a specific region, the provisions of such Appendix shall prevail over this Main Agreement in the event of a conflict). Separate policies and regulations concerning the Software (Privacy Policy, detailed terms of the Subscription Plan, etc.) constitute a part of this Agreement and shall be effective to the extent they do not conflict with this Agreement. In the event of a conflict between such policies/regulations and this Agreement (including its Appendices), this Agreement shall prevail.</li></ol><h2 style="text-align:center;"> </h2><h2 style="text-align:center;">Chapter 2. Characteristics and Use Restrictions of the Software</h2><h3>Article 4 (Medical Device Notice and Role of the Software)</h3><ol><li>Legal Status of the Software: The Software is a standalone software medical device under the Digital Medical Products Act, and its manufacture, quality control, authorization, and use are strictly regulated in accordance with Relevant Laws.</li><li>Specification of Assistive Role: The Analysis Report and all results provided by the Software are merely reference materials intended to assist a physician's diagnostic and treatment decisions. The Software does not replace final medical acts aimed at the diagnosis, treatment, prescription, prevention, or cure of a patient's disease.</li><li>Final Responsibility: The final responsibility for all medical acts, including patient diagnosis, treatment decisions, and medical judgment, rests entirely with the physician who is the User; the Company shall not be liable for any clinical outcomes or misdiagnoses arising from the assistive use of the Software.</li></ol><h3>Article 5 (Definition and Scope of Use for Intended Users)</h3><ol><li>Scope of Intended Users: The primary users of the Software are physicians; medical professionals using the Software to convey relevant information under a physician's direction, as well as non-clinical users for research or educational purposes, are also included as Intended Users in an assistive capacity.</li><li>User Qualification Declaration and Responsibility:<ul><li>Before commencing use of the Software, the User must directly select and declare their Occupation and purpose of use through the Company's system.</li><li>The User guarantees that the selected Occupation and purpose of use are true; the User shall bear full legal and clinical responsibility for any misuse of the Software arising from a false declaration of qualifications.</li><li>The Company permits use based on the User's qualification declaration and does not bear the obligation to directly verify the truthfulness of the content declared by the User.</li></ul></li><li>Use by Medical Professionals: Use of the Software by medical professionals must be conducted under the guidance and supervision of a physician, and the interpretation of analysis results and their application to patients must follow the physician's final judgment.</li><li>Restrictions on Research Use Only (RUO):<ul><li>Users who have declared themselves as research-purpose users (medical/graduate medical students, researchers, etc.) must utilize the Software only in the Research Use Only (RUO) status as defined in Article 2, Paragraph 13.</li><li>When using for research purposes, the results must never be used for a patient's diagnosis, treatment, prevention, or any other clinical purposes.</li><li>The Company bears no responsibility for any clinical or legal issues arising from the violation of restrictions on research use, and the Company may immediately terminate this Agreement upon such violation.</li></ul></li></ol><h3>Article 6 (Obligation to Comply with User Manual (IFU))</h3><ol><li>Compliance with IFU: The User must fully familiarize themselves with the contents of the IFU (User Manual) provided by the Company before using the Software and must comply with the IFU during use.</li><li>Prohibition of Use Outside IFU Scope: The User must not use or apply the Software outside the scope specified in the IFU, including the authorized purpose of use, methods of use, performance limitations, and contraindications.</li><li>Responsibility for Compliance: The User shall bear full responsibility for all damages, problems, or clinical outcomes arising from failure to familiarize themselves with the IFU, use outside the scope of the IFU, misuse, or negligent use.</li></ol><h2 style="text-align:center;"> </h2><h2 style="text-align:center;">Chapter 3. Grant and Restrictions of License</h2><h3>Article 7 (Grant of License)</h3><ol><li>Limited License: On the condition that the User creates a valid member account and complies with all terms and restrictions specified in this Agreement and the Subscription Plan, the Company grants the User a limited, non-exclusive, and non-transferable License to access and use the Software.</li><li>Scope and Subject of License: The License is granted only for the Object Code version of the Software, and no rights to the source code of the Software are granted to the User. This License is dependent on the member account (email address) created by the individual User, and the authority is maintained through access to the Software via said account.</li><li>License Period: The License begins from the Effective Date (the date of membership registration and agreement to the terms) and remains effective during the subscription period if the User uses a paid Subscription Plan, or while the member account remains valid even if a paid subscription is not used. However, the Company reserves the right to terminate the Agreement in accordance with Article 13 (Modification and Termination) of this Agreement.</li></ol><h3>Article 8 (Restrictions on License and Prohibited Acts)</h3>The User shall not engage in any of the following acts; in the event of a violation, the Company may immediately terminate the Agreement and hold the User legally liable in accordance with Relevant Laws.<ol><li>Prohibition of Reproduction and Distribution: Reproducing, lending, leasing, transferring, sublicensing, or distributing all or part of the Software to a third party.</li><li>Prohibition of Modification and Analysis: Reverse engineering, decompilation, disassembly, or any other analytical acts to extract the source code of the Software, including its artificial intelligence algorithms.</li><li>Prohibition of Technology Theft (AI Model Protection): Illegally reproducing or imitating technologies to which the Company's intellectual property rights apply — such as the artificial intelligence (AI) models, algorithms, training data, and analysis techniques embedded in the Software — or any attempt to copy such technology (including indirect methods).</li><li>Prohibition of Use Outside of Purpose: Using or applying the Software outside the scope of the Intended Use and IFU specified in Articles 4 and 5 of this Agreement.</li><li>Prohibition of Security Circumvention: Any attempt to bypass or neutralize the functional restrictions, Credit system, security, or license management features of the Software.</li><li>Prohibition of Sharing Access Rights: Sharing the granted License or Credits among multiple users or accounts, or arbitrarily transferring them to a third party.</li></ol><h3>Article 9 (Intellectual Property Rights)</h3><ol><li>Ownership of Rights: All rights (including copyrights, patents, trademarks, trade secrets, and all other intellectual property rights) regarding the Software, Service, and information obtained through the use of the Software and Service (such as user manuals) are owned by the Company; what is granted to the User under this Agreement is limited to the right to use (License) the Software.</li><li>User Obligations: The User shall not remove or alter the Company's trademarks, logos, copyright notices, etc., displayed on the Software.</li></ol><h2 style="text-align:center;"> </h2><h2 style="text-align:center;">Chapter 4. Contract and Payment (Subscription)</h2><h3>Article 10 (Subscription Plan and Credit)</h3><ol><li>Free Provision and Changes:<ul><li>The User may be granted a certain amount of Credits for free in accordance with the Company's policy during the period of membership registration and account validity to use the analysis functions of the Software.</li><li>The Company may change or discontinue the quantity, payment cycle, and policy of the free Credits at any time without prior notice in accordance with Relevant Laws or the Company's internal policies. Unless otherwise specified in Relevant Laws, no separate compensation will be provided to the User if the Company changes or discontinues the free Credit policy.</li><li>Credits refer to a limited unit of use frequency that can be used only for AI ECG analysis requests and result inquiries, and they cannot be exchanged for cash or other property values. The User may use the functions of the Software using the granted Credits in accordance with the Company's policy.</li><li>If the User purchases a Membership under a paid Subscription Plan, the existing free Credits will expire upon the application of said paid Membership, and no additional free Credits will be provided until the expiration of the Membership.</li></ul></li><li>Paid Subscription Plan: If the User requires additional analysis requests or wishes to use more functions, the User may purchase a monthly or annual Membership according to the Subscription Plan set by the Company.</li><li>Nature and Use of Credits:<ul><li>Credits refer to a limited unit of use frequency that can be used only for AI ECG analysis requests and result inquiries and cannot be exchanged for cash or other property values.</li><li>The User may use the functions of the Software using Credits that were purchased for a fee or granted for free.</li></ul></li><li>Expiration of Credits:<ul><li>Credits purchased for a fee may expire upon the lapse of the validity period specified in the Subscription Plan or upon termination of this Agreement.</li><li>Credits granted for free may expire on a daily or monthly basis according to the Company's policy, and notification regarding the timing of expiration will be made through the Software or announcements.</li><li>The Company bears no obligation for compensation or refund for Credits that have expired in accordance with the terms of this Agreement.</li></ul></li></ol><h3>Article 11 (Fee Payment and Billing)</h3><ol><li>Payment Obligation: If the User selects a paid Subscription Plan, the User must pay the fees specified in said Subscription Plan using the designated payment method and means.</li><li>Fee Policy: The fees and billing cycle of the Subscription Plan shall follow the Company's Subscription Plan policy, and the Company shall notify the User in advance of any policy changes.</li><li>Payment Failure and Contract Termination: If the User fails to pay the subscription fee within the set period or if payment fails due to issues with the registered payment method, the Company may suspend the use of paid services or terminate this Agreement after notifying the User.</li></ol><h3>Article 12 (Withdrawal or Termination of Subscription, and Compensation Policy)</h3><ol><li>Withdrawal of Subscription:<ul><li>The User may request a withdrawal of subscription if they have not used any of the purchased Credits within 7 days from the date of the paid subscription payment. In this case, the Company shall refund the full subscription fee.</li></ul></li><li>Subscription Termination and Refund:<ul><li>If the period in Paragraph 1 has elapsed or if the User has used the purchased Credits at least once, the User may request the termination of the subscription from the Company.</li><li>Upon a request for subscription termination, the Company shall refund the remaining balance after deducting (i) the portion of the subscription fee corresponding to the ratio of used Credits to the total Credits provided during the paid subscription period and (ii) an additional 10% of the balance as a termination penalty.</li></ul></li><li>Processing of Unused Credits: Credits provided (refilled) on a monthly basis according to the paid subscription service do not carry over to the next subscription period. Remaining unused Credits at the time of expiration of the subscription period will automatically expire, and new Credits will be provided according to the policy when the new subscription period begins. The responsibility for using the provided Credits rests entirely with the User.</li><li>Compensation due to Company's Attribution:<ul><li>If purchased Credits are incorrectly indicated or unfairly reduced due to the Company's fault, such as a system error of the Software, the Company shall restore the reduced Credits or provide equivalent additional Credits.</li><li>However, if the Agreement is terminated due to unavoidable reasons where the Company can no longer provide the Service (e.g., business closure), refunds for remaining unused Credits may be processed in accordance with Relevant Laws.</li></ul></li></ol><h2 style="text-align:center;"> </h2><h2 style="text-align:center;">Chapter 5. Rights and Responsibilities of the Company</h2><h3>Article 13 (Authority of the Company and Modification of Agreement)</h3><ol><li>Authority to Provide Service: The Company holds the technical and administrative authority to stably provide the Software and Service in accordance with this Agreement and Relevant Laws.</li><li>Modification and Improvement of the Software: The Company may update, change, or improve the Software from time to time to enhance quality, strengthen security, improve functions, and comply with relevant regulations; accordingly, some functions of the Software may be added, changed, or deleted.</li><li>Modification of the Agreement: The Company may modify this Agreement to the extent that it does not violate Relevant Laws. When modifying this Agreement, the Company shall notify the details of the existing and modified Agreement, specifying the effective date and reasons for the amendment, on the initial screen of the Software or the connected service screen at least 7 days prior to the effective date, and shall provide individual notice if necessary under Relevant Laws such as the Act on the Regulation of Terms and Conditions.</li><li>Effect of Modification:<ul><li>When the Company modifies this Agreement, it shall confirm the User's consent to the application of the modified Agreement after notifying the modification. When providing notice under Paragraph 3, the Company shall also notify that the User's failure to express consent or rejection shall be deemed as consent; if the User does not express rejection by the effective date of the modified Agreement, the User may be deemed to have consented to the modification.</li><li>If the User does not agree to the modified Agreement, either the Company or the User may terminate this Agreement.</li></ul></li></ol><h3>Article 14 (Termination and Cancellation of Agreement)</h3><ol><li>Termination by User: The User may terminate this Agreement at any time through the membership withdrawal procedure. However, if paid Credits or subscription periods remain at the time of termination, refunds shall be processed in accordance with Article 12.</li><li>Termination by Company: The Company may terminate this Agreement after prior notice to the User if any of the following reasons occur; in such cases, the Company may bear no refund obligation or may refund only within a limited scope:<ul><li>The User violates regulations regarding use restrictions and prohibited acts specified in Chapters 2 and 3 (particularly violations of research use restrictions or attempts at technology theft).</li><li>The User causes damage to the Company through intent or gross negligence.</li><li>It is confirmed that the User used the Software by submitting false qualifications or false information.</li></ul></li><li>General Notice of Service Termination: If the Company terminates the entire Software service due to significant reasons such as managerial or technical changes or changes in Relevant Laws, it shall notify the User at least 6 months prior to the scheduled termination date and guarantee that the User can use the service during that period. If unused Credits remain by the notified termination date, the User's rights shall be protected in accordance with Relevant Laws.</li><li>Emergency Termination and Immediate Recall: In any of the following cases, the Company may stop the use of or recall the Software immediately after notifying the User without applying the aforementioned 6-month notice period:<ul><li>An order for immediate suspension of use, recall, or destruction of the Software is issued by relevant regulatory authorities (e.g., the Ministry of Food and Drug Safety).</li><li>A significant safety or efficacy issue occurs in the Software, posing a risk of serious danger to Users and patients.</li></ul>In such cases, the Company shall immediately notify the User and fulfill obligations required under Relevant Laws, such as refunds for unused Credits.</li></ol><h3>Article 15 (Limitation of Liability and Indemnification)</h3><ol><li>Indemnification for Medical Acts: While the Company warrants that the Software performs its authorized functions as a medical device, the Software is provided only for diagnostic assistance as specified in Article 4; the User (Physician) bears full responsibility for all medical acts, including final patient diagnosis, treatment, and medical judgment.</li><li>Indemnification for Non-compliance with IFU: The Company shall not be liable for misuse, misdiagnosis, damages, or any other consequences arising from the User's failure to comply with the IFU (User Manual).</li><li>Indemnification for AI and Performance Limitations:<ul><li>As an AI technology-based statistical analysis tool, the Software does not warrant that analysis results will always be 100% accurate or error-free.</li><li>While the Company exerts best efforts and technical expertise to maintain the stability and accuracy of the Software, abnormal display of analysis results or temporary functional failures may occur due to technical limitations of AI models, temporary errors (bugs) in data processing, or changes in the network environment.</li><li>The Company shall not be liable for unpredictable results, errors, or performance degradation occurring within the aforementioned technical limitations. However, long-term suspension of service or fatal damage caused by the Company's intent or gross negligence is not subject to this provision.</li></ul></li><li>Limitation of Liability: If damage occurs to the User due to the Company's fault, the Company's total aggregate liability for damages shall not exceed the total subscription fees actually paid by the User to the Company during the 12 months immediately preceding the occurrence of such damage. This limitation excludes damages caused by the Company's intent or gross negligence. Furthermore, the Company is indemnified against all other damages, including consequential damages, loss of profits, and special, indirect, or incidental damages.</li><li>Force Majeure: The Company shall be indemnified from liability if it cannot provide the service due to force majeure events beyond its reasonable control, such as natural disasters, war, riots, government regulations, communication failures, or failures of service providers.</li></ol><h2 style="text-align:center;"> </h2><h2 style="text-align:center;">Chapter 6. Rights and Obligations of the End-User</h2><h3>Article 16 (Rights of the User)</h3><ol><li>Right to Use the Software: The User has the right to install, access, and use the Software according to the Intended Use, provided that the License remains validly in effect in accordance with this Agreement and the Subscription Plan.</li><li>Right to Access Analysis Reports and Restrictions:<ul><li>The User has the right to view and use the Analysis Report, which is the result of the ECG analysis requested using Credits.</li><li>To ensure User data security and compliance with Relevant Laws, the Company automatically deletes the Analysis Report from the system after a maximum of six (6) hours from the time of its generation. The User agrees to this deletion policy and acknowledges the limitations regarding report retention.</li></ul></li><li>Right to Request Information Notification: The User has the right to request prior notification regarding matters that significantly affect the use of the Software, such as major changes in the Company's service policy, modifications to the Agreement, or temporary or permanent suspension of the Service.</li><li>Rights Related to Personal Information: The User has the rights guaranteed under Relevant Laws regarding the processing of their personal data, such as the right to request access, correction/deletion, and suspension of processing, in accordance with the Privacy Policy and Chapter 7 of this Agreement.</li></ol><h3>Article 17 (Obligations of the User)</h3><ol><li>Obligation to Comply with Relevant Laws and Terms: The User shall comply with this Agreement and relevant regulations and must strictly follow the methods of use, restrictions, and contraindications specified in the Company's IFU (User Manual).</li><li>Obligation to Provide Information: The User warrants that all information submitted to the Company at the time of membership registration (particularly the declaration of Occupation and purpose of use) is true and consistent with facts. In the event of any changes, the User bears the obligation to update it to the latest information immediately.</li><li>Obligation for Account and Security Management:<ul><li>The User must strictly manage their member account and password and must not share or transfer account information to any third party.</li><li>The User shall be solely responsible for any liabilities arising from the negligent management or transfer of their user account.</li></ul></li><li>Obligation to Refrain from Prohibited Acts: The User bears the obligation to refrain from any of the license restrictions and prohibited acts specified in Article 8 of Chapter 3 (e.g., reverse engineering, attempts at technology theft, use outside of purpose, etc.).</li><li>Obligation to Notify Adverse Events and Feedback:<ul><li>The User must immediately notify the Company upon becoming aware of any unexpected side effects (adverse events), serious errors in performance or analysis results (bugs), or significant opinions and feedback necessary for the improvement of the Software during its use.</li><li>The Company shall not be held liable for any additional damages or consequences arising from the User's failure to perform the aforementioned notification obligation.</li></ul></li></ol><h2 style="text-align:center;"> </h2><h2 style="text-align:center;">Chapter 7. Data Protection, Confidentiality, and Dispute Resolution</h2><h3>Article 18 (Personal Information and Data Protection)</h3><ol><li>Compliance with Privacy Policy: The Company shall process and protect the User's personal information in accordance with Relevant Laws and the separately posted Privacy Policy. The User must review the Privacy Policy before using the Software.</li><li>Anonymization and Utilization of Data: The Company does not store or utilize any Protected Health Information (PHI) of patients or any personal information contained within the original ECG data uploaded by the User.</li><li>Research and Improvement: The Company may utilize only non-identifiable ECG waveform data and service usage logs, processed to ensure that individuals cannot be identified, for the purposes of service improvement, AI model performance enhancement, and academic research.</li><li>Automatic Deletion of Analysis Reports: The User acknowledges the policy regarding the automatic deletion of Analysis Reports after six (6) hours as specified in Article 16, Paragraph 2 of Chapter 6. The Company shall not be held liable for any data loss arising from this policy.</li></ol><h3>Article 19 (Confidentiality and Notification to Users)</h3><ol><li>Definition of Confidential Information: In this Agreement, "Confidential Information" refers to all business or technical secrets related to the Company that are provided to or recognized by the User, including but not limited to undisclosed functions, technologies, algorithms, marketing plans, and business information of the Software.</li><li>Confidentiality Obligation: The User shall not reproduce, use, or disclose Confidential Information to any third party without the prior written consent of the Company. This obligation shall remain in effect even after the termination of the period of Software use.</li><li>Notification to Users:<ul><li>When the Company provides notice to the User, it may do so via the member's email address, text message (LMS/SMS), etc.</li><li>In the case of notifications directed to all Users, the Company may substitute the notice in Paragraph 1 by displaying a pop-up screen or similar notice through the Software for at least seven (7) days.</li><li>Where required under Relevant Laws, the Company may send relevant notices even if the User has opted out of receiving notifications.</li></ul></li></ol><h3>Article 20 (Governing Law and Dispute Resolution)</h3><ol><li>Governing Law: The interpretation and application of this Agreement shall be governed by the laws of the Republic of Korea.</li><li>Amicable Settlement: In the event of a dispute between the Company and the User regarding the performance or interpretation of this Agreement, both parties shall endeavor to resolve it through mutual consultation based on the principle of good faith.</li><li>Jurisdiction: If a dispute is not resolved despite the consultation under Paragraph 2 and a lawsuit is filed, such lawsuit shall be subject to the jurisdiction prescribed by the Civil Procedure Act.</li></ol><h2 style="text-align:center;"> </h2><h2 style="text-align:center;">Appendix A: EU/EEA Specific Provisions</h2><h3>Article A.1 Scope and Prevalence</h3>This Appendix applies to Users residing in the European Union (EU) or the European Economic Area (EEA). In the event of any conflict between this Appendix and the Main Agreement, the provisions of this Appendix shall prevail.<h3>Article A.2 Intended Use</h3><ol><li>Regulatory Status: This Software is a Class IIa medical device in compliance with Regulation (EU) 2017/745 (MDR), certified by BSI (Notified Body No. 2797, Certificate No. MDR823808 R000).</li><li>Notwithstanding Article 2.1 of the Main Agreement, the following Intended Use shall apply to Users in the EU:ECG Buddy is an AI-based software intended for use by qualified healthcare professionals for the review and interpretation of 12-lead ECG images acquired from patients. The software generates automated analysis results that are presented in a standardized report format, which may be printed or stored for reference. ECG Buddy is not intended for use in life-supporting or life-sustaining systems, nor does it function as a real-time ECG monitoring or alarm device. The automated outputs provided by ECG Buddy are not intended to be used as the sole basis for clinical diagnosis. ECG Buddy is not intended as the sole diagnostic tool in critical emergency care settings or for use in patients requiring immediate life-saving medical interventions. It is intended primarily for use in routine clinical evaluations, outpatient clinic assessments, or health screening purposes for non-acute conditions. The ECG Buddy report is designed to support clinical decision-making and must be interpreted in conjunction with the clinician's expertise, the patient's clinical history, presenting symptoms, and other relevant diagnostic findings.</li></ol><h3>Article A.3 Intended User and Research Use</h3><ol><li>User Qualification: The Software is intended for use by qualified healthcare professionals, specifically Physicians and Nurses, who are licensed to provide medical services in their respective jurisdictions.</li><li>Research Use Only (RUO): In accordance with Article 2.13 and Article 5 of the Main Agreement, if a user without clinical qualifications (such as researchers or students) uses the Software, such use is strictly limited to Research and Educational Purposes (RUO).</li><li>Prohibition of Clinical Use for RUO: Under RUO status, the results must never be used for diagnosis, treatment, or any other clinical purposes, and certain functionalities of the Application may be restricted in accordance with applicable regulations.</li><li>User Responsibility: The Company provides the Service based on the regulatory scope of the EU, and the Company shall not be held liable for any consequences arising from a User's false declaration of their qualifications or intended purpose.</li></ol><h3>Article A.4 Data Protection and International Transfer</h3><ol><li>GDPR Compliance: The Company complies with Regulation (EU) 2016/679 (GDPR), and detailed information regarding data processing is governed by the separate Privacy Policy.</li><li>Data Residency: Primary processing and storage of EU User data (including anonymized ECG data) are conducted within AWS regions located in the European Union.</li><li>Data Transfer: Minimal personal data required for account management (e.g., email address) may be transferred to the Company's headquarters in the Republic of Korea, safeguarded by the Standard Contractual Clauses (SCCs) or the EU-Korea Adequacy Decision.</li></ol><h3>Article A.5 Limitation of Liability</h3><ol><li>Liability Cap: Notwithstanding Article 15.4 (or Article 12.1) of the Main Agreement, the Company's total aggregate liability shall not exceed the total fees paid by the User during the twelve (12) months immediately preceding the event, or USD 50,000, whichever is lower.</li><li>Exclusion of Liability for Clinical Outcomes: Any death, serious injury, or health complications shall be deemed results of clinical decisions made by the User based on their independent professional judgment. The Company shall not be held liable for such outcomes unless a technical defect in the Software is proven to be the sole and direct cause of the damage.</li></ol><h3>Article A.6 Adverse Event Reporting</h3><ol><li>Reporting Obligation: In accordance with Article 17.5 of the Main Agreement, Users must immediately notify the Company of any unexpected side effects (adverse events) or serious performance errors via the contact information specified in the Emergency Contact section of the IFU (Instructions For Use) or through the official support channel ([email protected]).</li><li>Regulatory Compliance: This reporting supports the Company's post-market surveillance obligations under EU MDR regulations.</li></ol><h3>Article A.7 Termination of Service</h3><ol><li>Notice and Procedure: The notice period and procedures for service termination are governed by Article 14.3 of the Main Agreement.</li><li>Data Erasure: Upon termination, all customer-related data will be securely and permanently deleted in accordance with the GDPR and applicable data protection laws.</li></ol><h3>Article A.8 Regulatory Scope and Jurisdiction</h3><ol><li>Applicable Laws: For EU Users, "Relevant Laws" includes Regulation (EU) 2017/745 (MDR) and the GDPR.</li><li>Jurisdiction: This Agreement is governed by the laws of the Republic of Korea; however, this shall not deprive the User of the protection afforded by mandatory consumer protection laws of the Member State in which the User resides.</li></ol>
Published: 2026-04-06Read more
ECG Buddy Terms of Service
<h1 style="text-align:center;">ECG Buddy Terms of Service</h1>Version 1.0  ·  Effective Date: April 20, 2026 <h2>1. Credit Policy</h2>Credits are the usage units for AI ECG analysis requests in ECG Buddy. Credits cannot be exchanged for cash or any other monetary value.<figure class="table" style="width:883px;"><table><thead><tr><th style="background-color:rgb(240, 240, 240);border-color:rgb(204, 204, 204);padding:10px 8px;text-align:center;">Plan</th><th style="background-color:rgb(240, 240, 240);border-color:rgb(204, 204, 204);padding:10px 8px;text-align:center;">Daily Limit</th><th style="background-color:rgb(240, 240, 240);border-color:rgb(204, 204, 204);padding:10px 8px;text-align:center;">Monthly Limit</th><th style="background-color:rgb(240, 240, 240);border-color:rgb(204, 204, 204);padding:10px 8px;text-align:center;">Price</th></tr></thead><tbody><tr><td style="border-color:rgb(204, 204, 204);padding:9px 8px;text-align:center;vertical-align:top;">Free (General)</td><td style="border-color:rgb(204, 204, 204);padding:9px 8px;text-align:center;vertical-align:top;">3 / day</td><td style="border-color:rgb(204, 204, 204);padding:9px 8px;text-align:center;vertical-align:top;">30 / month</td><td style="border-color:rgb(204, 204, 204);padding:9px 8px;text-align:center;vertical-align:top;">Free</td></tr><tr><td style="border-color:rgb(204, 204, 204);padding:9px 8px;text-align:center;vertical-align:top;">Paid Subscription</td><td style="border-color:rgb(204, 204, 204);padding:9px 8px;text-align:center;vertical-align:top;">20 / day</td><td style="border-color:rgb(204, 204, 204);padding:9px 8px;text-align:center;vertical-align:top;">200 / month</td><td style="border-color:rgb(204, 204, 204);padding:9px 8px;text-align:center;vertical-align:top;">$19 / month or $190 / year</td></tr></tbody></table></figure>Credit Reset Rules<ul><li>Daily credit limits reset every day at midnight (local time of the user, 00:00).</li><li>Monthly credit limits reset on the user's billing date each month. (e.g., billed on April 5 → resets on May 5 at midnight)</li><li>Unused credits do not carry over to the next cycle and expire upon reset.</li></ul>Notes on Upgrading to a Paid Subscription<ul><li>Upon starting a paid subscription, any existing free credits are immediately forfeited. Free credits are not provided separately during the subscription period.</li><li>When a subscription expires, the account automatically reverts to the Free plan.</li></ul> <h2>2. Subscription Policy</h2>Subscription Plans<ul><li>Monthly subscription: $19 / month, auto-renews every 30 days.</li><li>Annual subscription: $190 / year (approx. $15.8/month), auto-renews every 12 months.</li><li>Upon each renewal, 200 credits for the new period are issued.</li></ul>Payment Failure Handling<ul><li>If there is an issue with the payment method, the Company may notify the user individually.</li><li>If payment is not completed within the designated grace period after notification, paid services may be suspended.</li></ul>Notice of Terms Changes<ul><li>If service fees or terms change, users will be notified via in-app notice and email starting 7 days before the effective date.</li><li>Failure to express objection during the notice period will be deemed as acceptance of the changes.</li></ul> <h2>3. Refund Policy</h2>① Subscription Withdrawal (Full Refund)If no paid credits have been used within 7 days of the payment date, a full refund of the subscription fee may be requested.② Subscription Cancellation (Partial Refund)After 7 days have passed, or if 1 or more credits have been used, a partial refund is available based on the following formula.Note for international users: For users residing outside Korea, any international wire transfer fees and other incidental costs arising from the refund are borne by the user. The actual refund amount received may be the calculated amount minus such fees.Refund Calculation Formula Refund Amount = Payment Amount × (1 − Credits Used / Total Credits) × 0.9 ※ 10% of the remaining subscription fee is deducted as a cancellation penalty.③ Termination Due to Company's Fault<ul><li>If credits are unfairly reduced due to a system error or other fault of the Company, the Company may restore the affected credits or provide equivalent credits.</li><li>In the event of service termination (e.g., business closure), refunds for remaining unused credits may be processed in accordance with applicable laws and regulations.</li></ul>④ No Rollover of Unused Credits<ul><li>Credits issued per subscription cycle must be used within that cycle and do not carry over to the next.</li><li>Remaining credits expire automatically upon subscription expiration.</li></ul>
Published: 2026-04-06Read more
Terms and Conditions
Article 1. Introduction1.1 These Terms and Conditions ("T&C") cover the use, features, and access to the service (as defined below).1.2 The T&C constitute a binding contract between ARPI Inc., a limited liability company organized and existing under the laws of the Republic of Korea, and the Customer (as defined below). The company's registered address is ARPI Inc., Room 12 Startup Incubation Center, 172, Dolma-ro, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea.1.3 The Customer agrees to accept the T&C before using the service and agrees to comply with the conditions stated in the T&C at all times.1.4 The T&C constitute the entire agreement between the Customer and ARPI Inc. Article 2. Definitions2.1 Terms capitalized in these T&C have the meanings given below.2.2 "Application" refers to the mobile and desktop application named ECG Buddy, which is a South Korea MFDS Class 2 medical device. It utilizes deep learning algorithms to analyze ECG images or waveform data to assist in the diagnosis of arrhythmias and provide risk scores for emergency situations and cardiac dysfunctions, thereby supporting physicians' diagnostic decisions as a standalone software medical device.2.3 "ARPI Inc." refers to the manufacturer of the Application, ARPI INC., and includes all entities affiliated with ARPI Inc. through common control, management, or ownership for which ARPI Inc. acts as an agent.2.4 "User" refers to the medical professional using the Application, with the definition provided in Article 5.4.2.5 "Service" means the ECG Buddy mobile and desktop application provided by ARPI Inc. to the Customer.2.6 "Billing Policy" includes all policies regarding the payments Users must make for using the Application, determined by ARPI Inc.'s internal policies. This billing policy includes cost determination based on the number of ECG analysis requests and a subscription model where limited credits are provided for monthly use during a specified period.2.7 "Customer" refers to the entity or individual who has ordered the Service.2.8 "ECG" refers to an electrocardiogram, which measures the electrical activity of the heart. This Application uses only 12-Lead ECGs, and thus any mention of ECG in this document refers exclusively to 12-Lead ECGs.2.9 "Effective Date" means the date the Customer accepts these T&C as per Article 3.3.2.10 "License" has the meaning given in Article 8 of these T&C.2.11 "Regulation" includes all laws and guidelines proposed by regulatory authorities related to medical devices in all countries where the product is legally available. In certain countries, this Application can be serviced without separate approval procedures. Therefore, this Regulation encompasses detailed laws related to medical devices as well as connected digital healthcare laws.2.12 "Privacy Policy" refers to the notice provided to Customers and related data subjects regarding the processing of personal data in connection with the Application and their associated rights. The Privacy Policy is based on Article 30 of the Personal Information Protection Act of the Republic of Korea, and detailed information regarding the processing of personal data can be reviewed during the membership registration process for the use of this Application.2.13 "Report" means the classification of heart rhythms and the digital biomarker scores ranging from 0 to 100 generated by the Application, which assist in a physician's diagnosis and are the result of analyzing the User-inputted ECG.2.14 "Trial Period" has the meaning given in Article 6.12 of these T&C.2.15 "Research Use Only" refers to products intended by the manufacturer solely for research purposes, not for diagnostic, therapeutic, or clinical applications. These products are used in laboratory research, preclinical testing, and investigational studies to explore scientific principles, validate new technologies, and develop future diagnostic tools. However, due to varying legal definitions of Research Use Only (R.U.O) products across different countries, certain functionalities of the application may be restricted according to the regulatory requirements of the relevant country. For more details, please refer to Article 5.12. Article 3. Contract3.1 ARPI Inc. agrees to provide the services defined in these T&C, and the Customer agrees to use the services in compliance with the T&C and to pay the agreed price for the services.3.2 The following items constitute ARPI Inc.'s offer:3.2.1 The mobile application accessible through the Apple App Store or Google Play Store;3.2.2 The desktop application accessible through the ARPI Inc. website;3.2.3 Specific offers from ARPI Inc.3.3 The T&C are concluded by the Customer's acceptance of the offer through the following means:3.3.1 Ordering the mobile application through the Apple App Store or Google Play Store;3.3.2 Ordering the desktop application through the ARPI Inc. website;3.3.3 Accepting a specific written offer, such as invoice from ARPI Inc. 4. Payments and Subscription Plan4.1 The Customer agrees to pay the fees specified in the relevant subscription plan.4.2 For the mobile application, the fees are paid on the date the subscription is ordered through the Apple App Store or Google Play Store, and subsequently on the first day of each automatic renewal subscription period. Unless the Customer cancels the personal plan before the end of the current subscription period, the personal plan will be automatically renewed at the end of the subscription period.4.3 For the desktop application, fees will be paid as specified in the invoice issued by ARPI Inc. and, in any case, must be paid within 30 days from the invoice date.4.4 ARPI Inc. reserves the right to unilaterally change the fees. ARPI Inc. will notify the Customer of such changes at least two months prior to their effective date. If the changed fees are not acceptable to the Customer, the Customer may choose not to renew the subscription plan after the billing period ends.4.5 The Customer may cancel or change the subscription plan at any time. Such changes will take effect in the next billing period. The obligation to pay for reports already generated prior to cancellation remains unaffected. 5. Use of the Application5.1 To use the application, each user must create an account. Users are required to provide the following details to successfully create an account: country of use, affiliated institution, type of institution, department, occupation, and email address.5.2 To use the application, the Customer must have a compatible mobile phone or portable mobile device, or a Windows laptop or desktop PC as defined in the applicable user manual.5.3 The version of the application software may be periodically upgraded to add new features and services, improve user experience, and remove bugs or certain functions.5.4 Users must have basic knowledge of ECG interpretation and must be licensed medical professionals authorized to provide medical services in the country where the Application is used, complying with all regulatory requirements imposed on medical professionals in that country.5.5 Individuals who are not medical professionals cannot use the application.5.6 Users must keep their login credentials confidential and must not disclose them to third parties, taking appropriate protective measures to prevent unauthorized access.5.7 Registration is completed when the user logs in for the first time after initial signup.5.8 Users must not log in using another user's registration information, nor obtain or collect another user's registration information.5.9 Users must not use the application in life-supporting or life-maintaining systems, or ECG monitoring and/or alert devices.5.10 Users must use the application according to the user manual provided within the application. The user manual is also uploaded on our website (www.arpi.ai).5.11 Each report is available for 6 hours after generation, after which it can no longer be accessed by the user. This is part of our security protocol to enhance cybersecurity. ARPI Inc. does not store any patient information or ECG data.5.12 If the Application or any part of the Subscription Services is labeled as "Research Use Only" or similar in the user interface or associated documentation, you acknowledge that this part of the Subscription Services is intended solely for research purposes. It must not be used for clinical diagnosis, patient management, or any investigation not exempt under 21 CFR Part 812 or other applicable laws and regulations, such as Regulation (EU) 2017/745 of the European Parliament and of the Council on medical devices. The definition of "Research Use Only" product refers to Article 2.15. 6. Customer Obligations6.1 The Customer acknowledges and agrees that the Service must be used exclusively in accordance with the T&C, the Privacy Policy, and the laws of the Republic of Korea, New Zealand, and the UAE. If the Customer's use of the Service is subject to other laws, the Customer must comply with those laws and regulations. This Article 6.1 does not affect Article 13 of the T&C.6.2 The Customer shall not interfere with or disrupt the operation of the Service (or attempt to do so), infringe on the rights of third parties, or engage in any unethical, illegal, or bad faith activities.6.3 The Customer shall not make fully automated decisions based on the information provided by ARPI Inc. while using the Service, and shall always ensure appropriate human intervention, review, and verification by the User before using such information for any purpose.6.4 The Customer and Users specifically acknowledge and agree that the Application, as a software medical device, may contain errors. Users, as medical professionals, are fully responsible for patient care. When providing care to patients, Users must not rely solely on the Application and must act cautiously, evaluating the patient's overall clinical condition, including elements not included in the Application (e.g., the patient's visual examination status or other test results).6.5 The Customer is fully responsible for using the Service and all results of such use.6.6 The Application can be used on compatible mobile phones or portable mobile devices running the operating system specified in the Application, or on Windows laptops or desktop PCs. The Customer acknowledges that because the Application is provided via the internet and mobile networks, its quality and availability may be affected by factors beyond ARPI Inc.'s reasonable control.6.7 The Customer acknowledges that the Application may only be used in countries where it meets the regulatory requirements for marketing as a medical device. ARPI Inc. commits to making reasonable efforts to notify the Customer if the Application is being used outside of such countries.6.8 The Customer shall not (i) create or distribute copies of the Application; (ii) attempt to copy, reproduce, alter, modify, reverse engineering, disassemble, decompile, transmit, exchange, or translate the Application; or (iii) create any derivative works of the Application, nor allow third parties to perform any of the activities listed in 6.8.6.9 The Customer acknowledges that ARPI Inc. is based in the Republic of Korea and is responsible for complying with obligations related to transferring data outside of the Republic of Korea when using the Service from their own country.6.10 The Customer agrees to indemnify ARPI Inc. for any damages resulting from the Customer's violation of the T&C.6.11 The Customer must fully comply with these T&C and, in particular, with the obligations applicable to the Customer.6.12 For initial testing purposes of the Service, ARPI Inc. may grant each Customer the following rights for a limited period ("Trial Period"):6.12.1 For the mobile application: The Trial Period begins on the Effective Date; during the Trial Period, the Service is provided free of charge to the Customer; the Customer can receive up to 10 reports per day during the Trial Period.6.12.2 ARPI Inc. may extend the Trial Period based on the Customer's request or the result of internal meetings.6.13 The Customer acknowledges that ARPI Inc. can review each user's registration to confirm that the user complies with the conditions specified in Article 5.4 and 5.5.6.14 The Customer agrees that all communications from ARPI Inc. or notifications expected under the T&C will be sent to the Customer via the email address provided in the Customer's account.6.15 The Customer shall send any comments, feedback, unexpected adverse event cases, or questions arising during the use of the Service to ARPI Inc. using the following email address, in accordance with the T&C: <a href="mailto:[email protected]">[email protected]</a> 7. Responsibility of ARPI Inc.7.1 ARPI Inc. reserves the right to change the scope of the Service. In such cases, the Customer has no right to claim damages or other compensation unless otherwise specified in Article 12 of the T&C. The Customer has the right to terminate the T&C according to Article 11.2 of the T&C.7.2 The Customer is fully responsible for using the Service, and ARPI Inc. is not liable in any way for such use or its results, except for the relevant legal responsibility related to defective devices.7.3 ARPI Inc. provides no warranties related to the Service other than those provided in these T&C.7.4 Specifically, and without limitation, ARPI Inc. does not guarantee that (i) the Service will be free from unexpected software errors, (ii) the Service will meet all Customer expectations, (iii) the Service will be free from any malfunctions, (iv) the Service will provide accurate or reliable results, or (v) the Service will operate without interruption.7.5 ARPI Inc. is not liable for any lack of availability of the Service or for any other communication system errors that make the Service unavailable.7.6 If ARPI Inc. determines that the Customer is using the Service in violation of the T&C or applicable laws, it may, at its discretion, cancel the registration of specific Customers or Users, temporarily or permanently block their access to the Service, or terminate the T&C.7.7 ARPI Inc. may discontinue the provision of the Service in certain countries due to regulatory restrictions without the Customer's consent.7.8 ARPI Inc. may suspend access to the Service for necessary updates, maintenance, and changes without the Customer's consent. ARPI Inc. commits to making the Application available within the scope required by MFDS (KR), Medsafe (NZ), and MOHAP (UAE) to ensure performance, safety, and reliability consistent with intended use. 8. Intellectual Property and License8.1 All services provided to the Customer, including the mobile and desktop applications and the reporting functionality provided by the Application, are subject to ARPI Inc.'s strong intellectual property rights, including copyrights and trademarks.8.2 By entering into the T&C, ARPI Inc. grants the Customer a non-exclusive, non-transferable, non-sublicensable, revocable license ("License") to use the mobile and desktop applications for the purposes specified in these T&C. The License is granted for the duration of the T&C.8.3 The Customer shall not modify the mobile or desktop applications or their source code in any way, nor may the Customer update the mobile or desktop applications or their source code in any way.8.4 In connection with the use of the content service provided by the Customer, the Customer may provide feedback, recommendations, contribute to service improvements, or participate in various surveys, thereby providing ARPI Inc. with information or materials (including written documents, photos, video or audio recordings, software, statistical data, databases) that may be protected by intellectual property rights. 9. Data Protection9.1 Both parties acknowledge and agree that the services provided by ARPI Inc. may include the processing of personal data on behalf of the Customer. In relation to such personal data, ARPI Inc. acts as a processor, and the Customer acts as a controller. This processing is subject to these T&C, the Privacy Policy, and the Personal Information Protection Act of the Republic of Korea.9.2 Obligations of ARPI for Data Processing9.2.1 ARPI Inc. processes (i) ECG images provided by the Customer and (ii) identification, email addresses, institution names, occupations (job titles), profile information, and other related data of the Customer using the Application for the operation and management of the Application.9.2.2 ARPI Inc. will not disclose personal data to third parties except when necessary to (i) perform the activities and services specified in the T&C; (ii) comply with the documented instructions of the Customer; (iii) comply with a third party's merger, acquisition, or other investment involving ARPI Inc.; or (iv) comply with data protection laws or other applicable laws to which ARPI Inc. is subject. In such cases, ARPI Inc. will inform the Customer of the legal requirements prior to processing the personal data (to the extent permitted by law).9.3 Obligations of the Customer for Data Processing9.3.1 The Customer commits to fully comply with all applicable data protection laws and regulations, and in particular, to provide appropriate notices, and have a lawful basis for processing personal data as specified in these T&C. The Customer must also conduct any necessary assessments required under the relevant data protection laws.9.3.2 The Customer is fully responsible for their processing, systems, IT infrastructure, and the mobile or other devices used (e.g., the mobile devices on which the Customer installs the Application) and must comply with applicable laws and maintain appropriate technical and organizational measures.9.3.3 The Customer must ensure that (i) only individuals who need access to the Service and personal data within the Service have such access, (ii) individuals using the Service comply with confidentiality obligations, and (iii) all individuals using the Service use the Application following the Customer's instructions as the controller and comply with the T&C. The Customer must ensure that appropriate access controls and suitable technical and organizational measures are in place to guarantee these requirements.9.4 Both parties acknowledge and agree that the services provided by ARPI Inc. may involve (i) processing of the Customer's personal data, (ii) processing of anonymized or pseudonymized forms of data collected by the Customer, or (iii) processing for regulatory requirements or legal claims. ARPI Inc. acts as a controller concerning such processing. 10. Confidentiality10.1 The following information is considered confidential ("Confidential Information"): all trade secrets, know-how, processes, ideas, proposals, proprietary techniques and methods, and all related information provided or disclosed orally, in writing, electronically, visually, or through audio recordings or other means;10.2 Technical, economic, and commercial information, information about prices and their calculation methods, products and/or related documents and manuals, including their content, research and development information, including research and development plans, business development plans, business and product marketing plans, past and present economic results, forecasts and estimates of economic results, budgets, and other economic data, details about ARPI Inc.'s internal structure and employees, and information about future strategies provided or disclosed orally, in writing, electronically, visually, or through audio recordings or other means;10.3 The existence and content of all discussions related to the subject matter of the T&C; all information designated as confidential by ARPI Inc. unless otherwise agreed; and all notes, records, or copies related to the information described in 10.1 to 10.2 prepared by either party or their employees.10.4 ARPI Inc. may provide the Customer with access to Confidential Information. The provided Confidential Information must be used for the purposes for which it was provided and may not be used for other purposes.10.5 The disclosed Confidential Information must be kept confidential by the Customer and must not be disclosed to third parties or individuals unless otherwise agreed by ARPI Inc. and the Customer or specified in these T&C.10.6 The Customer agrees to protect and safeguard Confidential Information from unauthorized access and to notify ARPI Inc. without delay if a violation of this Article 10 is suspected. The Customer also agrees to return all provided Confidential Information upon request by ARPI Inc. at any time.10.7 If Confidential Information is in physical document form, the Customer must return it physically. If the Confidential Information is stored electronically, the Customer must securely delete all electronically stored Confidential Information and destroy the media containing such Confidential Information. The Customer is obligated to provide ARPI Inc. with written certification of the deletion and destruction.10.8 All Confidential Information belonging to each party remains the sole property of that party, and the recipient does not acquire any rights to the Confidential Information unless otherwise specified in the T&C. 11. Termination and Modification11.1 These T&C are entered into on the effective date and remain in effect indefinitely unless terminated separately. The T&C remain valid as long as the Customer uses or has access to the Service, and the Customer is bound by these T&C.11.2 The Customer may terminate the T&C and cancel the personal plan at any time. Termination becomes effective at the end of the then-current monthly subscription plan;11.3 For annual subscription plans, termination becomes effective one month after the termination date of the T&C. The Customer is not entitled to a refund for any unused portion of the subscription period.11.4 The Customer acknowledges that they will lose access to the Service once the termination of the T&C becomes effective.11.5 ARPI Inc. reserves the right to terminate the T&C at any time without reason, with effect from the next billing period, by giving non-face-to-face notice (in writing, by phone, etc.).11.6 If ARPI Inc. terminates the T&C or ceases to provide the Service to the Customer for any reason, the Customer is entitled to a refund for the purchased Service.11.7 ARPI Inc. reserves the right to amend and supplement parts of the T&C at any time. This provision does not affect rights and obligations that have already arisen during the validity period of the previous version of the T&C.11.8 In the event of any amendments or updates to the T&C, ARPI Inc. will notify the Customer by email to the email address provided in the Customer's account within a reasonable period before the amendment takes effect.11.9 Except for amendments reflecting changes in applicable law, in the event of any amendment to these T&C, the Customer has the right to reject the planned amendment and terminate the T&C without providing a reason, in accordance with Article 11.2 of these T&C. Such termination will take effect at the end of the current billing period.11.10 However, if the Customer is in a "Trial Period" where no payment is made for the Service, we may immediately implement amendments or updates to the T&C. We will notify the Customer of these T&C again in a reasonable manner when billing starts. 12. Limitation of Liability12.1 In no event shall ARPI Inc.'s total aggregate liability under these T&C, whether arising from tort (including negligence) or otherwise, exceed the actual fees paid by the Customer to ARPI Inc. for the Service during the one year preceding the event giving rise to the liability, and in no case shall it exceed $500,000.12.2 The parties agree that the limited liability for damages arising from a breach of the T&C is appropriate given the subject matter of the T&C and the context of the business relationship.12.3 The limitation of liability for damages represents a foreseeable and reasonable compensation ratio that the parties could anticipate in connection with the facts and objectives related to the potential outcomes of a breach of obligations under these T&C on the date of entering into these T&C.12.4 Nothing in the T&C shall limit or exclude ARPI Inc.'s liability for gross negligence or any liability that cannot be excluded by law, particularly liability for death or personal injury caused by ARPI Inc.'s negligence.12.5 ARPI Inc. is not liable to the Customer for any damage or alteration to portable devices, mobile phones, Windows laptops, or Windows desktop PCs, including any damage or alteration resulting from the installation or use of the Application or the Customer's use of the Service in violation of these T&C. 13. Governing Law and Dispute Resolution13.1 These T&C and any disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Korea. The parties jointly agree that the relevant laws of the Republic of Korea shall govern these T&C.13.2 In the event of a dispute arising in relation to the T&C or the provision of the services described herein, the parties shall endeavor to resolve the dispute amicably without resorting to legal action.13.3 Any disputes or claims arising out of or in connection with the T&C, including disputes relating to their validity, breach, termination, or nullity, shall be finally resolved through arbitration by a dispute resolution committee located in a third country. The place of arbitration may be determined through mutual agreement between the parties and the Customer, and the language of the proceedings shall be English.13.4 This clause shall be governed by and construed in accordance with the laws of the Republic of Korea.13.5 Notwithstanding the above, ARPI Inc. reserves the right to bring any monetary claims arising from the Customer's payment obligations to the courts of the Republic of Korea. 14. Final Provisions14.1 The Customer declares that the rights and obligations specified in the T&C are fair and understandable and fully agrees to them.14.2 The T&C, and, where applicable, specific offers from ARPI Inc., constitute the entire agreement between the parties and supersede all prior agreements, promises, warranties, representations, and understandings related to the subject matter, whether written or oral.14.3 The Customer does not have the right to assign or transfer any rights or claims arising under or in connection with the T&C, in whole or in part, to any third party without prior consent.
Published: 2024-02-29Read more

Terms of Service