Updated: [2025.12.05]
If you conclude this Agreement as consumer AS defined in article 2 (b) of Council directive 93/13/EEC of 5 april 1993 AND YOU ARE resident of A European Union member state OR If you conclude this Agreement as consumer AS defined in Section 2(3) of the Consumer Rights Act 2015 AND YOU ARE resident of the United Kingdom, the RELEVANT TERMS in Section 19 additionally apply to you .
The following Sections of this Agreement do not apply to you:
The following additional provisions apply to you and, in case of a conflict, prevail over any contradicting provisions in this Agreement:
The following Sections of this Agreement are entirely replaced with the following:
If you are an EU or UK Consumer: “You agree and acknowledge that using the Services to engage in conduct prohibited by this Agreement may also violate applicable laws. We reserve the right to take proportionate measures in the event of violations of this Agreement or the applicable law, such as terminating this Agreement, the Subscription Agreement or temporarily or permanently restricting your access to the Services in the event of a serious violation.”
If you are an EU Consumer: “If Paid Services are nonconforming, you may, if the legal conditions are met, demand: (i) supplementary performance; or (ii) terminate the Subscription Agreement or reduce the Fees, and, subject to the applicable law, claim damages or reimbursement of futile expenses.”
If you are a UK Consumer: “We warrant that we will perform the Services with reasonable care and skill in accordance with this agreement and any service specification provided to you. We warrant that the Services will be performed within a reasonable time (or within any time period we have agreed with you in writing). Nothing in this agreement affects your statutory rights as a consumer; your statutory rights are set out in the Consumer Rights Act 2015. Except as expressly set out in this Agreement and except for our obligations under consumer protection law (which cannot be excluded or limited), all warranties, conditions, terms, undertakings, and obligations, whether express or implied by statute, common law, custom, trade usage, course of dealing, or otherwise (including any implied warranties of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent permitted by law. If we fail to perform the Services with reasonable care and skill, or if we breach any other warranty set out in this Agreement, you may be entitled to one or more of the following remedies:
(a) Repeat performance: We will re-perform the defective Services at no additional cost to you within a reasonable time.
(b) Price reduction: If repeat performance is impossible or cannot be completed within a reasonable time, you may be entitled to a reduction in the price proportionate to the reduction in value of the Services.
(c) Refund: In certain circumstances (for example, where repeat performance has failed or is impossible), you may be entitled to a full or partial refund.
You must notify us of any defect within a reasonable time and give us a reasonable opportunity to re-perform the Services.
If you are an EU Consumer: “With respect to (free) Services, Company is liable according to the applicable law. For Paid Services, the following sentences apply: We bear unlimited liability for damages resulting from injuries to life, body and health resulting from the absence of a warranted characteristic or due to gross negligence or intent on our part, our representatives, employees or agents. In cases of culpable violations of cardinal contractual obligations owing to slight negligence on our part, our liability is limited to the amount of foreseeable typical damages, save for the cases set forth in sentences 3, 4 or 6 of this Section 10. In abstract terms, cardinal contractual obligations are such obligations as may (i) be needed for a contract’s proper fulfilment which makes the proper performance of a contract possible in the first place and (ii) on the fulfilment reasonably be relied upon by the contracting parties. If German law applies to you, we are also liable for breach of a guarantee and in accordance with the German Product Liability Act (“Produkthaftungsgesetz”).”
If you are a UK Consumer: “10.1 Nothing in this Agreement excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 49 of the Consumer Rights Act 2015 (reasonable care and skill); (d) any other liability that cannot be excluded or limited under applicable law.
10.2 Subject to clause 10.1, we will not be liable to you for:
(a) any loss of profit, revenue, business, contracts, or anticipated savings;
(b) any loss of or damage to data (except to the extent caused by our failure to exercise reasonable care and skill);
(c) any loss of goodwill or reputation;
(d) any indirect or consequential losses;
(e) any losses arising from your use of the Services for business purposes (if you have informed us that you are using the Services wholly or mainly for business purposes, different terms may apply);
(f) any losses that were not reasonably foreseeable to both you and us when you entered into this Agreement.
10.3 Subject to clause 10.1, our total aggregate liability to you under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed:
(a) the total price paid by you for the Services; or
(b) amount that equals to your annual subscription fee for the Services;
whichever is the lower.
10.4 The limitations and exclusions in this clause 10 will apply only to the extent permitted by law and only to the extent that they are fair and reasonable in all the circumstances
If you are an EU Consumer: “You enjoy protection of the mandatory provisions of the law of your country of residence. This means that you may bring an action to enforce your consumer protection rights in connection with this Agreement in your country of permanent residence. If you reside in Germany, German law shall apply and the jurisdiction of the courts of Germany is agreed.”
If you are a UK Consumer: “This Agreement is governed by English law.
You may bring legal proceedings in the courts of England and Wales or, if you reside in Scotland or Northern Ireland, in the courts of your home country. You retain the benefit of any mandatory consumer protection laws of your country of residence that provide greater protection than English law.”
If you are an EU or UK Consumer: “This Agreement represent the entire agreement between you and us in connection with your use of the Services, and this Agreement supersede all prior agreements and understandings, written or oral, with respect to the matters covered by this Agreement, unless otherwise expressly stated herein. You may not assign your rights or obligations under this Agreement or transfer any rights to use the Services. If any provision of this Agreement is held invalid or unenforceable under any applicable laws by a court of competent jurisdiction, it shall be replaced with the valid provision that most closely reflects the intent of the Parties and the remaining provisions of this Agreement will remain in full force and effect.”
Appendix A
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
To:
NC AI Co., Ltd
[+82-2-6201-0099]
I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*):
Ordered on ()/received on ()
Name of consumer(s)
Address of the consumer(s)