WHOTAG BETA Terms Of Service

ARTICLE 1. DEFINITIONS

(1) Capitalized terms as used in these Terms shall have the respective meanings ascribed to them below:

① “Account” means the membership account registered on the Website.

② “Applicable Laws” means all laws, statutes, regulations, ordinances, codes, rules, and other binding requirements of any jurisdiction that apply to you or your access to or use of the Services, including the Relevant Laws.

③ “Content” means any data, information, materials, documents, software, files, designs, models, media (including audio and video), comments, notes, links, or other content that we make available through the Services.

④ “Privacy Policy” means the WHOTAG BETA Privacy Policy.

⑤ “Relevant Laws” mean any act, regulation, decree, rule, ordinance, or subordinate legislation currently in force in the Republic of Korea (“Korea”) that is applicable to VAIV, the Services, or these Terms.

⑥ “Supplemental Terms” mean all additional guidelines, rules, policies, and terms and conditions that apply to specific Services. This includes, without limitation, individual terms of service applicable to each distinct Service, which may be posted on the Website, incorporated within the relevant Service, or otherwise communicated to you by VAIV.

(2) Definitions in these Terms apply equally to the singular and plural forms of the defined terms. The words “hereof,” “herein,” “hereunder,” and other words of similar import refer to these Terms as a whole, and not to any specific provision. The terms “include,” “includes,” and “including” shall be deemed to be followed by the phrase “without limitation”.

(3) Any capitalized terms used but not defined herein shall have the meaning ascribed under the Relevant Laws. If not defined therein, such terms shall take on their generally accepted meaning in the applicable industry.

ARTICLE 2. NOTICE AND UPDATES

(1) Applicability.

These Terms apply to any individual or entity that accesses or uses the Services (each, a “User”). These Terms will be made available on the landing page or a linked page of the Website for your ease of review.

(2) Revision.

① VAIV may revise these Terms from time to time in accordance with the Relevant Laws (each, a “Revision”). For each Revision, VAIV will post the effective date and the reason for the change, along with the existing Terms, on the Website at least seven (7) days prior to the effective date (the “Notice Period”); provided, however, that if VAIV determines in its discretion that a Revision is material, the Notice Period will be extended to thirty (30) days.

② If you do not agree to a Revision, you must discontinue your access to and use of the Services and promptly cancel your Subscription, if applicable. Your continued access to or use of the Services after the effective date of the Revision will be deemed to constitute your consent to the Revision.

ARTICLE 3. ACCESS AND USE

(3) User Eligibility .

① You may use the Services only if you are capable of forming a binding contract with VAIV and only in compliance with these Terms and the Applicable Laws. Any use or access to the Services by individuals under the age of thirteen (13) is strictly prohibited and constitutes a violation of these Terms. By accessing or using the Services, you represent and warrant that you meet this requirement. If you do not meet the applicable age requirement, you must not access or use the Services.

② If you are under eighteen (18), you must obtain and provide a written consent from your legal guardian in order to access and use the Services. VAIV is entitled to request, and you must provide, any information or supporting documentation necessary to verify your age and the identity and consent of your legal guardian, if applicable.

(4) License.

① Subject to your continued compliance with these Terms, VAIV hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your internal business operations (the “License”). This License applies only: (a) during the term of your valid Subscription (defined below), for subscription-based Services; or (b) as otherwise permitted by VAIV, for Services available without a Subscription.

② All rights, title, and interest in and to the Services, including any content, improvements, or derivatives, remain with VAIV and its licensors. This License does not transfer any ownership rights to you.

③ You may not:

(i) sublicense, sell, or distribute the Services;

(ii) reverse engineer, decompile, or create derivative works from the Services; or

(iii) use the Services in excess of the scope expressly permitted under this License.

(5) Subscription to Services.

① All Subscriptions are currently offered free of charge during this limited beta period (the “Beta Period”). The Beta Period will continue until VAIV announces its conclusion.

② To access the full functionality of the Services as a registered User (a “Member”), you must complete and submit the subscription application form provided on the Website (an “Application”).

③ Upon VAIV’s acceptance of your Application, you will become a Member, and a binding agreement governed by these Terms will be deemed formed between you and VAIV (your “Subscription”).

④ While we seek to approve all valid Applications, we may postpone, reject, or revoke approval at our sole discretion, including in the following circumstances:

(i) incomplete, inaccurate, or misleading information; impersonation; violations of these Terms; or failure to meet eligibility requirements;

(ii) Service limitations, such as capacity constraints, technical issues, or system availability;

(iii) external factors, including force majeure events, Applicable Laws, or regulatory restrictions; or

(iv) other reasonable grounds, including operational, business, financial, or technical considerations.

⑤ Your Subscription becomes effective upon our notice of approval sent via email or other contact details provided by you. Upon such notice, you will be recognized as a Member. VAIV will provide Members with the necessary credentials, such as usernames, passwords, or access tokens, to access the Website or the Services (“Login Credentials”).

(6) Cancellation of Subscription.

① Cancellation by Member.

(i) Members may cancel their Subscription at any time by requesting cancellation via the Website. VAIV may verify the requesting Member’s identity before processing the cancellation request.

(ii) Upon cancellation of Subscription, VAIV deletes all information related to the Member, except in cases where retention is required under the Relevant Laws or WHOTAG BETA Privacy Policy.

② Cancellation by VAIV.

(i) If a Member breaches any obligation under these Terms, VAIV may suspend, restrict, or temporarily cancel the Member’s Subscription and access to the Services (a “Disciplinary Action”).

(ii) In the event of a Disciplinary Action, VAIV will notify the affected Member of:

(a) the reason for the Disciplinary Action;

(b) the type and duration of the measure; and

(c) the procedure for submitting an objection.

(iii) If the same violation recurs after a Disciplinary Action, or if the underlying issue remains unresolved for thirty (30) days following the notice described in item (ii), VAIV may revoke the Member’s eligibility to access the Services (a “Revocation”). During this period, the Member may submit a written explanation, which VAIV will consider in good faith before making a final decision. For clarity, a Revocation will result in the cancellation of the Member’s Subscription and the deletion of the associated Account.

(iv) VAIV will not be liable for any damages or losses incurred by the Member or any third party resulting from any Disciplinary Action, Revocation, or the resulting inability to access the Services.

ARTICLE 4. SERVICES

(1) Provision of Services.

① The Services, as provided under these Terms, are accessible via the Website and associated domains made available to you.

② The current Services include WHOTAG’s AI-powered discovery feature, which identifies and recommends influencers suited for collaboration or promotional opportunities, tailored to your specific requirements.

③ While VAIV aims to make the Services available 24/7, access may be interrupted or modified due to maintenance, technical issues, legal obligations, or operational decisions as permitted under these Terms.

(2) Modification and Suspension of Services.

VAIV may, in its discretion, modify, suspend, restrict, or discontinue the Services, in whole or in part, for substantial reasons, including but not limited to the following:

① maintenance or operation issues, including any scheduled or emergency maintenance, power outages, equipment failures, or excess traffic;

② business decisions, including restructuring, service discontinuation, or shutdown;

③ technical issues, including telecommunications failures, cybersecurity incidents (e.g., hacking, DDoS attacks), or other third-party interference;

④ legal, regulatory, or governmental actions, such as policy changes, enforcement orders, or restrictions imposed by public authorities; or

⑤ force majeure events, including natural disasters, pandemics, strikes, armed conflicts, or other unforeseeable events beyond our control.

Except where the changes are urgent or minor, VAIV will provide Users with advance notice; otherwise, notice may be provided after the changes take effect.

(3) Beta Service Termination. The Services provided during the beta period (“Beta Service”) may be modified, suspended, or discontinued at any time at VAIV’s discretion.

(4) Transition to Official Service. If VAIV launches the paid official release version of the Services (“Official Service”) immediately following the termination of the Beta Service, VAIV will provide you with at least thirty (30) days’ prior notice of: (i) the Official Service launch date; (ii) the applicable fees and payment terms; (iii) and the applicable terms of service and privacy policy. Your Beta account and associated data may be retained and made available for use in the Official Service; however, your account will not automatically enroll in any paid subscription. To use the Official Service after the launch date, you must, before that date: (i) select a subscription plan; (ii) pay the applicable subscription fee; and (iii) provide express consent to the applicable terms of service and privacy policy. If you do not complete these steps before the launch date, your Account will be automatically closed, and your personal data will be handled in accordance with our Privacy Policy.

ARTICLE 5. CONTENT AND AI-GENERATED RESULTS

(1) Nature of Data. The Services process publicly available information from third-party sources, including names or handles, public images, content summaries, engagement metrics, and other publicly shared details, solely to provide discovery, analytics, and recommendations, and to improve and operate the Services.

(2) AI-Generated Results. Recommendations are generated using artificial intelligence and may contain inaccuracies, omissions, or outdated information. Real-time accuracy is not guaranteed. VAIV does not warrant the accuracy, completeness, reliability, or timeliness of any recommendation, profile, or related content.

(3) Permitted Use. You may use data or content displayed through the Services solely for informational purposes as described in these Terms. Any other use is prohibited.

(4) User Responsibility. You are solely responsible for evaluating the suitability of any influencer and making final decisions. Any engagement with such an influencer constitutes a direct relationship between you and that influencer, and VAIV is not a party to nor responsible for the authenticity, quality, conduct, or performance of such an influencer.

(5) Availability and Accuracy. Publicly sourced information may require access to third-party sites, which may restrict or prevent its availability. Such information may change or be removed at any time without notice. VAIV may modify, restrict, or remove information to comply with Applicable Laws, third-party requirements, or rights-holder requests, without liability for resulting loss or unavailability. The Services may not always be uninterrupted or error-free.

(6) Potentially Objectionable Content. By accessing the Services, you may encounter content you find harmful, offensive, or objectionable. VAIV has no liability for such content.

(7) Liability Disclaimer. To the fullest extent permitted by the Applicable Laws, VAIV is neither liable nor responsible for any loss, damage, or claim arising from or in connection with your use of or reliance on any AI-generated recommendations or publicly sourced information processed through the Services.

ARTICLE 6. PAYMENT

(1) Free Access Period. All Services are currently offered free of charge during this Beta Period. VAIV may introduce paid Services or Subscription plans following the end of the Beta Period. In such an event, Users will be asked to prepay the applicable fees if they wish to continue using the Services. VAIV will provide at least thirty (30) days’ prior notice of such changes.

(2) Pricing Notification. When paid Services or Subscription plans are launched, VAIV will post the applicable fees and terms on a dedicated pricing page on the Website, which shall be integrated into these Terms by reference.

ARTICLE 7. RESPONSIBILITIES OF VAIV

(1) VAIV is committed to the stable and lawful operation of the Services pursuant to these Terms. VAIV does not engage in any activities that contravene any Applicable Laws or public order and morals.

(2) You are encouraged to report any content you believe violates these Terms or any Applicable Laws via the contact information provided herein. VAIV will review such reports in good faith and take appropriate measures pursuant to relevant procedures. You will be informed of the outcome and any measures taken, where applicable.

(3) Copyright holders or their representatives may report alleged infringements on the Services. VAIV will review such notices and may take appropriate action, such as removing or restricting access to the relevant content.

(4) VAIV will make reasonable efforts to address your feedback and complaints. If immediate resolution is not possible, VAIV will inform you of the reason and the expected timeline for a response.

ARTICLE 8. RESPONSIBILITIES OF USERS

(1) Acceptable Use and Compliance. You must use the Services responsibly and in compliance with these Terms and all Applicable Laws. You are solely responsible for ensuring that your access to and use of any influencer data is lawful for your purposes. WHOTAG does not guarantee that your use of the Services or Influencer Data will satisfy all external requirements.

(2) Prohibited Conduct. You must not engage in any conduct that disrupts or interferes with the Services, including:

① providing false, misleading, or incomplete information, or impersonating others;

② sharing, transferring, or selling your Account;

③ abusing multiple Accounts, including repeated subscriptions and cancellations;

④ transmitting spam, malware, or other harmful content;

⑤ using automated tools (e.g., bots or scripts) to scrape, mine, extract, harvest data, or overload the system;

⑥ using WHOTAG data as input for other services or competitive products, or republishing WHOTAG-generated content without proper attribution or accurate context;

⑦ misrepresenting the source of content obtained through the Service;

⑧ reverse engineering, decompiling, or attempting to extract source code;

⑨ attempting to compromise, bypass, or interfere with the security or functionality of the Service, servers, or networks;

⑩ disrupting others’ access to or use of the Services;

⑪ using the Services to harass, abuse, or harm others;

⑫ posting content that violates public order, social norms, or legal rights of others;

⑬ damaging the reputation, operations, or systems of VAIV or others;

⑭ infringing intellectual property or other rights of VAIV or others; or

⑮ engaging in any other activity deemed inappropriate under these Terms, Applicable Laws, or generally accepted standards of conduct.

(3) Account Responsibilities.

① You must provide accurate, complete, and current information when registering or updating your Account, and promptly keep it up to date. You are solely responsible for maintaining the security and confidentiality of your Login Credentials and for all activities that occur under your Account. VAIV is neither liable nor responsible for any loss or damage suffered by you or any third party arising from your failure to safeguard your credentials or to maintain accurate Account information, except to the extent such loss or damage is directly attributable to VAIV’s gross negligence or willful misconduct.

② If you become aware of any unauthorized use of your Account, you must promptly notify VAIV and follow its instructions. VAIV is neither liable nor responsible for any loss or damage arising from your failure to notify or comply with the instructions, except to the extent such loss or damage is directly attributable to VAIV’s gross negligence or willful misconduct.

(4) Transfer Restrictions. You may not assign, transfer, delegate, or offer as collateral any rights or obligations related to the use of the Services to any third party without our prior written consent.

(5) Consequences. Any violation of your obligations under this Article may result in Disciplinary Actions or a Revocation of your access, at VAIV’s discretion.

ARTICLE 9. INTELLECTUAL PROPERTY RIGHTS

(1) User-Submitted Content.

① You retain ownership of all intellectual property rights in the content you submit to WHOTAG (“User Content”).

② By submitting User Content, you grant WHOTAG a worldwide, royalty-free, non-exclusive license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, and distribute such content, solely for the purposes of operating, promoting, improving, and developing the Service.

③ You represent and warrant that (a) you have all necessary rights, licenses, and authority to submit the User Content and to grant the license described above; and (b) the User Content does not violate any Applicable Law or the rights of any third party, including rights of privacy, publicity, intellectual property, or contractual rights.

④ You must not submit any content that is false, misleading, defamatory, obscene, abusive, infringing, or otherwise unlawful, nor any content containing personal data about others without their express consent.

⑤ VAIV reserves the right, but not the obligation, to review, monitor, moderate, or remove any User Content at its sole discretion, including if it violates these Terms or is otherwise objectionable.

⑥ You understand that WHOTAG is not responsible for any User Content submitted by you or others, and that you use such content at your own risk.

(2) Third-Party Content and Copyright Complaints.

① The Services may display or process Content sourced from publicly available social media platforms for the purpose of generating influencer recommendations. All rights in such third-party content, including any pictures, videos, and other content related to social media influencers, remain with the original creators or the platforms that host them.

② VAIV respects the intellectual property rights of others and operates in accordance with applicable laws, including fair use and related principles where appropriate.

③ If you believe that any Content on the Services infringes your copyright or other legal rights, please contact us at support@whotag.ai with detailed information. Upon receiving a valid complaint, VAIV will review the matter and take appropriate action, which may include removing or restricting access to the Content in question.

(3) VAIV Content.

① All rights, title, and interest in and to the Services are owned by VAIV or its licensors. Except as expressly permitted under these Terms or as required by the Applicable Laws, no rights are granted to you.

② The WHOTAG Service, including its design, user interface, features, functionality, underlying technology, and proprietary algorithms, is protected by copyright, trademark, trade secret, and other intellectual property laws.

③ Except as expressly permitted under these Terms, you may not copy, modify, adapt, translate, distribute, publicly display, perform, reverse engineer, create derivative works, or otherwise use or exploit any part of the Services, nor permit or assist others to do so, without VAIV’s prior written consent.

④ You may not remove, alter, or obscure any copyright, trademark, or other proprietary notices in the Services. VAIV’s trademarks, logos, and designs may not be used without VAIV’s prior written consent. Other trademarks displayed within the Services belong to their respective owners and may not be used without their separate authorization.

ARTICLE 10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VAIV SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION:

(1) loss of profits, data, goodwill, or other intangible losses;

(2) damages arising from your use of or inability to use the Service;

(3) inaccuracies in any information or recommendations obtained through the Service;

(4) outcomes resulting from collaborations or interactions with influencers identified through the Service;

(5) unauthorized access to or alteration of your data; or

(6) any conduct or content of third parties made available through the Service.

This limitation applies regardless of the legal theory on which any claim is based, including contract, tort, negligence, strict liability, or otherwise, even if VAIV has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain types of damages; however, the above limitations shall apply to the extent permitted under the laws of such jurisdictions.

ARTICLE 11. DISCLAIMERS

(1) The Services are provided on an “as is” and “as available” basis. Except as required by the Relevant Laws, VAIV makes no warranties regarding the accuracy, completeness, or reliability of the Services or any Content therein.

(2) You access and use the Services at your own risk. VAIV is not liable for any direct, indirect, incidental, or consequential damages arising therefrom, even if VAIV has been advised of the possibility of such damage.

(3) The Services may be modified, limited, or discontinued in accordance with these Terms. VAIV is neither liable nor responsible for any loss or damage suffered by Users or third parties arising from or in connection with the use of or inability to use the Services, including errors, interruptions, omissions, delays, technical failures, malware, communication errors, modifications, suspensions, or other disruptions, except to the extent such loss or damage is directly caused by VAIV’s gross negligence or willful misconduct.

(4) VAIV shall be neither liable nor responsible for any loss or damage caused by technical failures, malware, communication errors, or other disruptions beyond its reasonable control.

(5) The Services may include content provided by third parties or other Users. VAIV does not endorse or guarantee the accuracy or reliability of such content, and you access or rely on it at your own discretion.

ARTICLE 12. INTERNATIONAL USE AND EXPORT CONTROLS

(1) The Service is controlled and operated from facilities in jurisdictions designated by VAIV. VAIV makes no representations that the Service is appropriate, available, or lawful for use in any particular country or jurisdiction.

(2) If you access or use the Service from outside VAIV’s primary operating regions, you do so at your own initiative and risk. You are solely responsible for complying with all applicable local laws and regulations.

(3) You may not access, use, export, or re-export the Service, or any portion thereof, in violation of applicable export control laws or regulations.

ARTICLE 13. LINKS TO THIRD-PARTY SITES

The Website may contain links to third-party websites. VAIV is not responsible for the content, availability, or practices of such external sites. The inclusion of any link does not imply endorsement.

ARTICLE 14. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of law principles.

ARTICLE 15. DISPUTE RESOLUTION

(1) Before initiating any formal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy between you and VAIV arising out of or relating to these Terms or your use of the Services (a “Dispute”) through good-faith negotiations. To initiate, please contact VAIV using the contact information provided below.

(2) If a Dispute cannot be resolved through good-faith negotiations, then, to the extent permitted by the Applicable Laws, such Dispute shall be finally settled by arbitration administered by the Korean Commercial Arbitration Board (KCAB) in accordance with its International Arbitration Rules. The following shall apply:

① The tribunal shall consist of a single arbitrator.

② The seat of arbitral proceedings shall be Seoul, the Republic of Korea.

③ The arbitral award shall be final and binding on both you and VAIV.

④ The language of arbitration shall be English.

⑤ Judgment on the arbitral award may be entered in any court of competent jurisdiction.

(3) Nothing in this Article shall prevent either you or VAIV from seeking interim or injunctive relief from any competent court for matters requiring urgent relief.

(4) To the extent permitted by Applicable Laws, you agree to resolve any Dispute on an individual basis and expressly waive any right to participate in a class action, class arbitration, or other representative proceeding against VAIV.

(5) If you reside in the United States, you may opt out of this arbitration agreement by sending written notice to VAIV at the email specified in the contact information below within thirty (30) days of first accepting these Terms, stating clearly your intent to opt out of arbitration. To clarify, your opt-out will not affect your access to or use of the Services.

(6) If you reside in the European Union or European Economic Area, the provisions under this Article shall not limit or deprive you of the protection afforded by the mandatory laws of your country of residence. Where such laws so require, you may also bring proceedings in the courts of your country of residence.

ARTICLE 16. PRIVACY PROTECTION

(1) VAIV strictly complies with the Relevant Laws that govern privacy and data protection, such as the Personal Information Protection Act of Korea, and maintains a separate privacy policy to safeguard Users’ personal information.

(2) The Privacy Policy is posted separately on the Website. You are required to review and agree to the Privacy Policy before accessing or using the Services.

ARTICLE 17. CONTACT INFORMATION

If you have any questions about these Terms, inquiries or complaints regarding the Services, or require further information, please contact us at the address below:

(1) Email: support@whotag.ai

(2) Support: support@whotag.ai

(3) Website: https://www.whotag.ai

For urgent legal matters, please mark your email as "URGENT LEGAL MATTER" in the subject line.

ARTICLE 18. MISCELLANEOUS

(1) Governing Language. These Terms may be translated into other languages for reference and convenience. In the event of any conflict or inconsistency between the different versions, the English version shall prevail and govern.

(2) Matters Not Addressed. Any matters not addressed in these Terms, including any Supplemental Terms, shall be governed by the Relevant Laws.

(3) Version . These Terms are the initial version, and there are no previous versions.