Terms of Service
These Terms govern your access to and use of Pink Duck. Please read them carefully.
1. Agreement to These Terms
These Terms of Service ("Terms") form a binding contract between you ("you", "your", or "Owner") and Modooui Planet Co., Ltd., a corporation organized under the laws of the Republic of Korea (Business Registration No. 353-87-02766), which operates the Pink Duck platform (the "Service", "we", "us", or "our"). By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.
2. Description of the Service
Pink Duck is a software platform that lets a business owner describe their business in natural language and have an AI-assisted system generate, deploy, and operate a working software application ("Owner Site") on the Owner's behalf. The Service may include database provisioning, an admin interface, public storefront pages, and integrations with third-party services such as Google, Microsoft, Meta, Notion, Stripe, and Dropbox Sign, which the Owner connects through OAuth or by supplying their own API credentials ("BYOK"). Specific features, integrations, and limits may change over time and are described on the Service from time to time.
3. Eligibility and Accounts
You must be at least 18 years old and capable of forming a binding contract to use the Service. You must provide accurate, current, and complete information when registering and keep your account credentials confidential. You are responsible for all activity that occurs under your account, and you will notify us promptly at info@eplanet.kr if you suspect any unauthorized access.
4. Subscription, Pricing, and Payment
Some features of the Service are offered on a paid subscription basis. Pricing, billing frequency, and included features are described on our pricing pages and at checkout. Payments are processed by Stripe; by subscribing, you also agree to Stripe's terms and authorize recurring charges to your selected payment method until you cancel.
Subscriptions renew automatically at the end of each billing cycle at the then-current rate unless cancelled before renewal. You may cancel at any time from the billing area of your account; cancellation takes effect at the end of the current billing cycle and you retain access until then. Except where required by law, fees already paid are non-refundable. We may change prices on prospective renewals with at least 30 days' notice; continued use after the change takes effect constitutes acceptance.
You are responsible for any taxes (other than taxes on our net income) and for all fees, costs, or charges of any third-party services you connect to the Service, including third-party API usage fees billed directly to you by those providers.
5. Owner Sites and Owner Content
You retain ownership of all content you submit, generate, or upload through the Service, including site copy, product data, customer lists, designs, configurations, and any data exchanged with connected integrations ("Owner Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process Owner Content solely as needed to provide, secure, and improve the Service for you, and to comply with law. We do not claim ownership of Owner Content and we do not use Owner Content to train general-purpose machine learning models.
You represent and warrant that you have all rights necessary to submit Owner Content and that Owner Content, your Owner Site, and your use of the Service comply with applicable laws and the rights of third parties, including intellectual property, publicity, privacy, and consumer protection laws. You are solely responsible for the Owner Site you publish and for any goods or services you sell through it, including fulfillment, refunds, customer service, taxes, and required disclosures.
6. Third-Party Integrations
The Service lets you connect third-party services through OAuth or BYOK, including Google Workspace and Google APIs, Microsoft 365 and Microsoft Graph, Meta (Instagram and Facebook), Notion, Stripe, and Dropbox Sign ("Integrations"). When you connect an Integration, you authorize us to access and process data from that Integration on your behalf, limited to the scopes you grant. The data we receive through each Integration, our retention practices, and the operations we perform are described in our Privacy Policy.
Integrations are provided by third parties under their own terms, which you must comply with. We do not control those services and are not responsible for their availability, accuracy, security, or behavior. You may revoke our access at any time from the Integration's own account settings or from your Pink Duck admin panel; revocation may disable parts of your Owner Site that depend on that Integration.
7. Acceptable Use
You agree not to, and not to permit any third party to:
- use the Service to violate any law or third-party right;
- publish, store, or transmit content that is unlawful, defamatory, fraudulent, obscene, hateful, or that infringes intellectual property, publicity, or privacy rights;
- send unsolicited commercial messages or otherwise misuse customer data collected through your Owner Site;
- upload or transmit malware, exploits, or any code intended to disrupt or compromise the Service or any other system;
- probe, scan, or test the vulnerability of the Service, or interfere with its normal operation, except as expressly authorized under our security disclosure program;
- scrape, copy, or reverse engineer the Service, except to the extent that this restriction is prohibited by applicable law;
- use the Service to build or train a competing product, or to develop a substantially similar service;
- resell, sublicense, or otherwise commercially exploit access to the Service except as expressly permitted in your subscription plan.
We may suspend or terminate access if we reasonably believe you have violated this section, with or without prior notice depending on the severity of the violation.
8. Intellectual Property
The Service, including all software, designs, logos, documentation, and the "Pink Duck" name and logo, is owned by Modooui Planet Co., Ltd. or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription. No other rights are granted by implication, estoppel, or otherwise.
You may submit feedback, suggestions, or ideas about the Service. You agree that we may use such feedback for any purpose without compensation or obligation to you.
9. Termination
You may terminate your account at any time by cancelling your subscription and deleting your account from the Service. We may suspend or terminate your access if (a) you materially breach these Terms, (b) your payment method fails and is not cured within 14 days, (c) we reasonably believe continued provision of the Service would create legal or security risk, or (d) we discontinue the Service in your region with at least 30 days' notice. Upon termination, your right to use the Service ends, and we will delete or return Owner Content as described in our Privacy Policy. Sections 5, 8, 10, 11, 12, 13, and 16 survive termination.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PARTICULAR RESULTS, REVENUES, OR OUTCOMES WILL BE ACHIEVED. AI-GENERATED OUTPUTS MAY CONTAIN ERRORS OR OMISSIONS; YOU ARE RESPONSIBLE FOR REVIEWING THEM BEFORE RELYING ON THEM.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) USD 100.
12. Indemnification
You will defend, indemnify, and hold harmless Modooui Planet Co., Ltd. and its officers, directors, employees, and agents from and against any third-party claim, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to (a) Owner Content or your Owner Site, (b) your use of the Service in violation of these Terms or applicable law, or (c) your violation of any third-party right.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of Korea, without regard to its conflict of laws rules. The Seoul Central District Court will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service as the court of first instance, except that, where required by mandatory law, a consumer may bring an action in the court having jurisdiction over the consumer's domicile or habitual residence at the time the action is filed.
Nothing in these Terms limits any rights you may have under mandatory consumer protection laws of your country of residence that cannot be excluded or waived by contract.
14. Changes to the Service
We may modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice of material adverse changes that affect paid features. Your continued use of the Service after a change takes effect constitutes acceptance of that change.
15. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service before the change takes effect.
16. Miscellaneous
These Terms, together with our Privacy Policy and any order forms or plan terms referenced in your account, are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce any right or provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Notices to us must be sent to the contact address below; notices to you may be given through the Service or to your account email. Nothing in these Terms creates any agency, partnership, or joint venture relationship.
17. Contact
Modooui Planet Co., Ltd. (operating the "Pink Duck" platform)
5F, Building 2, Startup Campus, 20 Pangyo-ro 289beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea
Business Registration No.: 353-87-02766
Representative: Yeongchan Kim
Email: info@eplanet.kr