Terms of Service

Chapter 1. General Provisions

Article 1 (Purpose)

These Terms of Service set forth the terms and conditions and procedures for the use of the witform service (hereinafter "the Service") operated by Witon Inc. (hereinafter "the Company").

Article 2 (Prior Notice Regarding AI Service)

Generative artificial intelligence (AI) is utilized in the operation and provision of the Service. Key features, including AI-based survey analysis report generation and question recommendations, are provided based on AI technology.

Article 3 (Definitions)

The terms used in these Terms of Service are defined as follows:

Member: A person who has entered into a service agreement in accordance with these Terms and uses the Service.
Respondent: A person who responds to a survey form created and distributed by a Member (membership registration not required).
Form: A survey or data collection tool created by a Member within the Service.
Response Data: All answers submitted by a Respondent through a Form, as well as automatically collected metadata.
AI-Generated Output: Statistical analysis reports, visualizations, code, execution results, recommended questions, and other content automatically generated through the AI features of the Service.
Anonymized Information: Information that has been irreversibly processed so that a specific individual cannot be identified, and which does not constitute personal information pursuant to Article 58-2 of the Personal Information Protection Act.
Workspace: A space in which a Member manages surveys and analysis.

Article 4 (Publication and Amendment of the Terms)

The Company shall post the contents of these Terms on the initial screen of the Service or on a linked page so that Members can easily review them.
The Company may amend these Terms to the extent that such amendments do not violate applicable laws.
When amending the Terms, the Company shall specify the effective date and the reason for the amendment and provide notice beginning at least 7 days prior to the effective date. However, in the case of amendments that are disadvantageous to Members, the Company shall provide individual notice with a grace period of at least 30 days, along with a statement that the Member will be deemed to have consented to the amendment if the Member does not express objection by the effective date.
If a Member does not agree to the amended Terms, the Member may terminate the service agreement, and the existing Terms shall apply until the date of termination. A Member shall be deemed to have consented to the amended Terms only where the Company has clearly notified, in accordance with Paragraph 3, that the Member will be deemed to have consented if the Member does not express objection by the effective date of the amended Terms, and the Member has not expressly objected.
Matters not stipulated in these Terms shall be governed by applicable laws or customary commercial practices.

Chapter 2. Service Agreement

Article 5 (Membership Registration)

A service agreement is entered into when an applicant agrees to these Terms, completes membership registration through Google OAuth, and the Company accepts the registration.
Members must use accurate information. Members who provide false information shall not receive legal protection and may be subject to restrictions on their use of the Service.
Children under the age of 14 are not eligible to register for the Service. The membership registration process requires verification that the applicant is 14 years of age or older.

Article 6 (Acceptance of Application)

The Company may defer acceptance where service facilities are insufficient or where there are technical or operational impediments.
The Company may decline to accept an application in the following cases:
- Where the application is made using another person's identity or with false information
- Where the applicant seeks to re-register after having been disqualified for violating these Terms
- Where the applicant is a child under the age of 14
- Where other requirements under these Terms are not met

Chapter 3. Obligations of the Parties

Article 7 (Obligations of the Company)

The Company shall use its best efforts to provide the Service in a stable manner in accordance with applicable laws and these Terms.
The Company shall maintain security systems for the protection of personal information so that Members can use the Service safely, and shall comply with its Privacy Policy.
The Company shall promptly address legitimate opinions or complaints from Members. Where immediate resolution is not feasible, the Company shall notify the Member of the reason and the expected resolution timeline.

Article 8 (Obligations of Members)

Members shall comply with these Terms and the Company's announcements and shall not engage in any of the following acts:
- Misappropriating another person's information or providing false information
- Acts that disrupt the Service, including hacking or the use of automated access programs
- Reverse engineering, decompiling, or disassembling the Service
- Lending or transferring an account to a third party
- Unauthorized reproduction, distribution, or commercial use of information obtained through the Service
- Unauthorized collection, storage, or dissemination of other Members' personal information
- Collecting data for spam, phishing, fraud, or other unlawful purposes
- Transmitting, posting, or distributing information that is unlawful under applicable law
- Any other unlawful acts or acts that violate these Terms
Members bear the responsibility of managing their account information, and the Company shall not be liable for any issues arising from negligent management.

Chapter 4. Provision and Use of the Service

Article 9 (Paid Services)

The Service may be provided on a free or paid basis. Specific details regarding paid services shall be governed by in-service announcements or separate operational policies.
Members who wish to use paid services shall comply with the applicable operational policies.

Article 10 (Suspension of Service Provision)

The Service shall, in principle, be available 24 hours a day, 365 days a year. However, the Company may temporarily suspend the provision of the Service for any of the following reasons:
- Maintenance, replacement, scheduled inspection, or construction of equipment
- Power outages, natural disasters, national emergencies, or similar events
- Issues with AI model provider servers or other external partner-related causes
- Cases where normal provision is difficult due to excessive service traffic
The Company shall compensate Members for damages caused by service interruptions without justifiable reason. However, this shall not apply in cases falling under the reasons set forth in Paragraph 1 or where the Company is free from willful misconduct or negligence.

Article 11 (Membership Withdrawal and Disqualification)

A Member may request withdrawal at any time through the in-service settings, and the Company shall process such requests promptly.
Where a Member violates these Terms or falls under any of the following, the Company may restrict the use of the Service or terminate the service agreement:
- Where the Member registered with false information
- Where the Member obstructs another person's use of the Service or misappropriates their information
- Where the Member engages in acts prohibited by applicable law or these Terms
Prior to imposing use restrictions, the Company shall notify the Member of the reason, type, duration, and method of objection. However, in urgent cases, notice may be given after the fact.
Upon withdrawal, account information is immediately deactivated. For prevention of unauthorized use and response to legal disputes, the information is stored separately for 90 days before permanent deletion. Withdrawn accounts cannot be restored.
Where a Member is sanctioned for violating these Terms, refunds may be restricted in accordance with applicable law and these Terms.

Chapter 5. Content and Intellectual Property Rights

Article 12 (Ownership of User Content)

Intellectual property rights in Form content, Response Data, and uploaded files that a Member has entered or created in the Service belong to the Member.
Members warrant that their content does not infringe upon the intellectual property rights or other rights of any third party. In the event a dispute arises from a breach of this warranty, all responsibility shall lie with the Member, and the Member shall indemnify the Company for any damages incurred.

Article 13 (License Granted to the Company)

Members grant the Company the following non-exclusive, worldwide, royalty-free licenses:
- Service operation: The right to host, store, back up, and transmit content for the purpose of providing the Service
- AI analysis: The right to process content and Response Data through the AI analysis pipeline (LLM inference, statistical code execution, report generation)
- Anonymization and secondary use: The right to anonymize and use data in accordance with Article 14
The service operation and AI analysis licenses terminate upon the Member's withdrawal. The anonymization license shall survive with respect to information that was already anonymized prior to withdrawal.

Article 14 (Secondary Use of Anonymized Information)

The Company may anonymize Response Data and user behavior data and use the resulting anonymized information for the following purposes:
- Improvement of AI analysis models and enhancement of statistical techniques (research and development)
- Analysis accuracy benchmarking, UX optimization (service improvement)
- Provision of aggregate benchmark data, provided that such data is in a statistical form from which specific Members, Workspaces, or surveys cannot be identified
During anonymization, direct and indirect identifiers are removed, and the data is aggregated across multiple surveys and Workspaces so that it is used only in forms from which individual identification is not possible. The Company establishes and maintains internal standards to ensure the adequacy of its anonymization processes.
The Company shall not sell or trade anonymized information to third parties as a standalone data product, nor use it for the purpose of personal identification, profiling, or targeting.
Anonymized information does not constitute personal information under Article 58-2 of the Personal Information Protection Act and is therefore not subject to the exercise of personal information-related rights (such as access, correction, deletion, and suspension of processing). However, Members may inquire with the Company regarding the adequacy of the anonymization process.

Article 15 (AI-Generated Output)

AI-Generated Output produced through the Service (reports, visualizations, statistical analysis, etc.) may be freely used by Members for their own research, presentation, reporting, and business purposes.
The Company retains all rights in the models, templates, prompts, and generation methodologies underlying the AI-Generated Output.
The Company may use AI-Generated Output for the purposes of service operation, improvement, and promotion.
Members shall not reverse engineer AI-Generated Output in an attempt to reconstruct the Company's AI models or methodologies.

Article 16 (Ownership by the Company)

The Company retains all rights in the following:

The Service platform (software, UI/UX, infrastructure)
AI models, algorithms, and analysis methodologies
The composition and curation of the preset library (individual scales belong to their respective original authors)
Aggregate insights and benchmarks derived from anonymized information

Chapter 6. Data Processing

Article 17 (Data Processing Roles)

With respect to Respondent data, the Member acts as the data controller (personal information controller) and the Company acts as the data processor (entrusted party).
Members bear the responsibility of establishing a lawful basis for collecting data from Respondents and providing Respondents with appropriate notice regarding the collection and use of personal information. The Company shall not be liable for any failure by the Member to comply with data protection obligations.
As a processor, the Company processes Response Data in accordance with the Member's instructions and does not use or provide the data for purposes beyond the scope of the entrustment. The scope of processing performed by the Company, security measures, and sub-processing arrangements are disclosed in the Privacy Policy.
If a separate Data Processing Agreement (DPA) is required, please contact contact@witform.app.

Chapter 7. AI Ethics

Article 18 (Precautions When Using AI Services)

AI-Generated Output is based on probabilistic models, and the Company does not guarantee its accuracy, completeness, or fitness for any particular purpose.
Members shall perform independent review and verification before using AI-Generated Output for important decisions (such as academic research, regulatory submissions, or clinical judgments).
AI-Generated Output does not constitute professional advice in areas such as law, medicine, or finance. For matters requiring professional judgment, please consult a qualified professional in the relevant field.

Article 19 (Obligations of Members Using the Service)

Members shall not use the Service for malicious purposes. Malicious use includes, but is not limited to, deliberately manipulating inputs to produce biased results or generating inappropriate content.
When publicly disclosing AI output, Members shall verify under applicable law that it does not contain unlawful information, copyright infringement, or content that infringes upon the rights of third parties. Responsibility for any disputes arising therefrom lies with the Member, except where the Company is guilty of willful misconduct or gross negligence.
Members shall not use the Service in a manner that circumvents the technical or administrative safeguards established by the Company.
Members shall notify the Company if they discover any output that is or may be problematic during the course of using the Service.
Members who violate these provisions may have their use of the Service restricted without separate notice.

Chapter 8. Payments

Article 20 (Payment)

Payment for paid services is subject to the policies of the payment method selected by the Member.
For subscription-based services, service fees are automatically charged on a recurring basis through the payment method, and the service period is automatically renewed.
Specific fees, payment methods, and refund terms for paid services shall be governed by in-service announcements or separate operational policies.

Article 21 (Right of Withdrawal)

Where a paid service has not been used at all, the Member may exercise the right of withdrawal within 7 days from the date of payment. "Use" means the use of a paid feature (such as AI analysis execution or creation of a paid-only survey) one or more times.
However, the right of withdrawal is restricted in cases that constitute grounds for restricting withdrawal under applicable law, such as where the service has already been used or where the provision of digital content has commenced.
Other matters relating to refunds shall be governed by separate operational policies.

Chapter 9. Miscellaneous

Article 22 (Limitation of Liability and Damages)

The Company or a Member shall be liable for damages caused to the other party by a breach of these Terms. However, this shall not apply where there is no willful misconduct or negligence.
The Company shall not be liable for damages arising from the following causes, except where the Company is guilty of willful misconduct or gross negligence:
- Where the Service is unavailable due to maintenance, replacement, or inspection of equipment
- Where service disruption is caused by the willful misconduct or negligence of the Member
- Use of free services
- Damages resulting from the inaccuracy of AI-Generated Output
- Disputes between Members or between a Member and a third party arising through the Service
- Unauthorized access to or abnormal interference with the servers by a third party
The Company's total liability for damages shall be limited to the amount of service fees actually paid by the Member during the 12 months immediately preceding the cause of the claim.
The limitation of liability in this Article shall not apply in the following cases:
- Damages caused by the willful misconduct or gross negligence of the Company
- Infringement of life, body, or health
- Liability for damages under applicable law, including the Personal Information Protection Act

Article 23 (Indemnification)

Members shall indemnify and hold the Company harmless from any third-party claims arising from the following:

Unlawful collection or processing of Respondent data through the Member's surveys
Infringement of third-party intellectual property rights contained in the Member's content
The Member's violation of these Terms or applicable law

Article 24 (Service Availability and Termination)

The Service is provided on an "as-is" basis, and the Company does not guarantee uninterrupted or error-free operation.
The Company may modify or discontinue features labeled as "beta" or "experimental" without prior notice.
The Company may terminate the Service for material business reasons. In such event, the Company shall individually notify Members and post notice within the Service at least 60 days prior to the termination date. The Company shall provide reasonable means for Members to export their data until the termination date.
For Members who are using paid services, the Company shall refund service fees corresponding to the unused period upon termination of the Service.

Article 25 (Notices to Members)

The Company may provide notices to Members via email, in-service notifications, or other means.
Notices to an unspecified number of persons may be substituted for individual notices by posting them within the Service for at least 7 days.

Article 26 (Jurisdiction and Governing Law)

These Terms shall be interpreted in accordance with the laws of the Republic of Korea.
In the event that a lawsuit is filed due to a dispute between the Company and a Member, the court having jurisdiction under the Civil Procedure Act shall be the court of competent jurisdiction.
For overseas users, in the event of a dispute, both parties shall first endeavor to resolve the matter through good-faith consultations for a period of 30 days. If consultations fail to resolve the dispute, the matter shall be resolved through arbitration in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board (KCAB).

Supplementary Provisions

These Terms take effect on March 29, 2026.