HUMMINGo Terms of Service

CREVERSE Inc. ("Company," "we," "our," or "us") is a company incorporated in the Republic of Korea that operates HUMMINGo, an AI-powered educational evaluation platform ("Service") accessible at hummingo.ai and related domains (tch.hummingo.ai, stu.hummingo.ai).

These Terms of Service ("Terms") govern the relationship between the Company and Users regarding the use of the Service. By creating an account, accessing, or using the Service, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree, you must not use the Service.

If you are using the Service on behalf of an organization (such as a school, academy, or other institution), you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

Chapter 1. General Provisions

Article 1. Purpose

These Terms set forth the rights, obligations, and responsibilities between the Company and Users in connection with the use of the educational information services provided through HUMMINGo.

Article 2. Definitions

The following terms have the meanings set forth below:

"HUMMINGo" means A web-based service operated by the Company that uses proprietary rubric-based AI technology to create English writing and speaking assignments, and to provide automated evaluation feedback to help users learn foreign languages. The Service includes the following sites: (a) Main Site: Service information and announcements (hummingo.ai) (b) Teacher Portal: Class management, student management, and assignment creation (tch.hummingo.ai) (c) Student Portal: Assignment completion and feedback review (stu.hummingo.ai)

"Service" means All educational content, AI-powered automated evaluation, and related features provided by the Company through HUMMINGo.

"User" means Any individual or entity that enters into a service agreement with the Company or is granted a user account to receive the Service. Users include both Teachers and Students as defined below.

"Teacher" means A User who agrees to these Terms, creates an account, and operates their own classes within the Service.

"Student" means A User whose account is created by a Teacher (without a separate sign-up process), or who logs into the Student Portal through integrations such as Google Classroom.

"Account" means The email address or unique identifier registered by a User to access the Service.

"Subscription Plan" means A subscription product differentiated by the scope of Service features and the number of AI automated evaluations available. Plans include Free, Basic, and Pro tiers.

"Recurring Payment" means A payment service that charges fees on a monthly or annual basis according to the selected Subscription Plan.

"In-Service Payment" means A payment made within the Service to subscribe to a Subscription Plan or to purchase additional AI automated evaluation allowances.

"In-Service Content" means Features available through In-Service Payment, such as custom rubrics and LMS integration functionality.

"Seat" means A unit of authorization acquired by a Teacher through a paid Subscription Plan, which grants a specific User access to paid features of HUMMINGo (such as AI automated evaluation).

"Seat Assignment" means The act of a Teacher linking a Seat they hold to a specific User, enabling that User to access paid services.

"Organization" means An operational unit created or joined by a Teacher to jointly manage Seats and share data within the Service.

Terms not defined in this Article shall have the meanings ascribed to them under applicable law or, failing that, in accordance with general commercial usage.

Article 3. Effectiveness and Amendments

1. These Terms become effective when posted on the HUMMINGo sign-up screen or otherwise communicated to Users. Users who agree to these Terms and register for an account are bound by the version in effect at the time of their agreement, and by any subsequent amendments from their respective effective dates.

2. The Company may amend these Terms to the extent permitted by applicable law, provided that such amendments do not unfairly infringe on Users' legitimate rights.

3. When amending these Terms, the Company will post the revised Terms along with the effective date and reasons for the change at least ten (10) days before the effective date. For material changes that significantly affect Users' rights or obligations, the Company will provide at least thirty (30) days' prior notice and send a notification to Users' registered email address specifying the amended terms, effective date, and reasons for the change.

4. If a User does not expressly object to amended Terms before the effective date, the Company will separately notify the User of the key changes and that failure to respond may be deemed acceptance. If the User does not expressly object within seven (7) days of receiving that notice, the User shall be deemed to have consented to the amended Terms.

5. If a User does not agree to the amended Terms, the User may terminate their service agreement. Continued use of the Service after the amended Terms take effect constitutes acceptance.

Article 4. Supplementary Rules

Matters not specified in these Terms shall be governed by applicable laws and regulations, any separate terms of use or guidelines published by the Company for specific services, and general commercial practices.

Chapter 2. Service Agreement

Article 5. Formation of Service Agreement

1. A service agreement is formed when a prospective User selects "I Agree" to these Terms and the Privacy Policy on the sign-up page, submits an application for use, and the Company approves the application.

2. All information provided by a User during the online registration process is presumed to be accurate.

3. Each service agreement is tied to one User Account (email address). One Account per User.

Article 6. Information Required at Registration

1. Users must provide the information requested by the Company on the registration form.

2. Personal information collected during registration is used solely for the performance of the service agreement and is subject to the Company's Privacy Policy.

Article 7. Approval and Restrictions

1. The Company will approve a User's application provided that all required information is accurately submitted and the User has agreed to these Terms and the Privacy Policy.

2. The Company may withhold, revoke, or restrict approval in the following cases:

• Insufficient service infrastructure or technical/operational issues;
• False, incomplete, or fraudulent information in the application;
• Use of another person's identity or duplicate registration;
• The applicant is a minor who has not obtained the required parental or guardian consent (under 14 in Korea; under 13 in the United States under COPPA; under 16 in certain EU/EEA member states under GDPR, or such other age as may apply under local law);
• Any other violation of these Terms or applicable regulations.

3. The Company may differentiate the scope of available services based on User qualifications.

Chapter 3. Use of the Service

Article 8. Provision of the Service

1. The Company provides the Service from the time it approves a User's application. For paid services, the Service commences upon completion of payment or on a date separately designated by the Company.

2. Teachers may create an unlimited number of assignments, and Students may submit work without limit. However, generating "AI automated evaluation results and feedback" deducts from the Teacher's Subscription Plan allowance.

3. Before payment, the Company provides a purchase page detailing the paid service content, fees, and payment methods so that Users can transact with full understanding and without error.

4. AI automated evaluation results and feedback are provided as supplementary learning references only. They do not guarantee specific learning outcomes and do not serve as or replace official assessments or certifications.

5. The Company may modify the Service content due to technical or operational changes, and will notify Users through the website or direct communication.

Article 9. Service Hours

1. The Service is available 24 hours a day, 365 days a year, in principle. However, the Service may be temporarily suspended for equipment maintenance, system checks, upgrades, outages, or communications failures. The Company will provide advance or post-hoc notice of any such suspension.

2. The Company may conduct scheduled maintenance and will announce such maintenance at least 24 hours in advance within the Service.

Article 10. Service Fees

1. Subscription Plans and Billing

The Company operates Free, Basic, and Pro Subscription Plans. Users may choose monthly or annual billing. The Company provides a free trial of the Service (equivalent to the Free plan) for 30 days from initial registration.

• Free Plan: Basic class management and a limited number of AI automated evaluations.
• Basic or Pro Plan: Tiered AI automated evaluation allowances and advanced features (such as custom rubrics), varying by plan level.

2. Plan Changes

• Upgrade (to a higher plan): Takes effect immediately. The fee is calculated as [new plan total − (existing plan daily rate × days used)] and charged immediately. The next billing date remains unchanged for consolidated billing management.
• Downgrade (to a lower plan): Takes effect at the start of the next billing cycle after the current period expires. No pro-rated refund is provided for the current cycle.

3. Price Changes

The Company may change fees for paid services due to operational or technical needs, with prior notice via the website.

4. Adding and Removing Seats

Teachers may add or remove Users (Seats) at any time. Added Seats take effect immediately, and the additional fees are included in the next billing date. Removed Seats are deactivated immediately, and the reduction is reflected in the next billing cycle. Article 18(3) applies to any refund questions.

5. Payments by Minors

For Users under the age of 19 (in Korea) or the age of majority in their jurisdiction, payment must be made with parental or guardian consent. Payments made without such consent may be canceled.

6. Fees, payment methods, and refund terms are governed by these Terms unless otherwise specified for a particular service.

Article 11. Payment Methods

1. Payment for paid services is made by credit card or debit card, in principle. The Company charges fees on a recurring basis through the registered payment method according to the selected billing cycle (monthly or annual), with appropriate consent and notice procedures under applicable law.

2. Specific payment methods may be added or discontinued at the Company's discretion, with prior notice.

3. Complimentary service credits, Seats, or usage allowances provided through events or promotions are not refundable in cash and expire automatically upon account termination or the end of the relevant subscription.

Article 12. Service Changes and Interruptions

1. If the Service content, methods, or hours are changed, the Company will post the changes, reasons, and effective date at least seven (7) days before the change takes effect.

2. The Company may change fees for paid services due to operational or technical needs, with prior notice via the website.

3. The Company may restrict or suspend all or part of the Service in the following cases:

• Expansion, repair, or other maintenance of service infrastructure;
• Unavoidable circumstances beyond the Company's control;
• Excessive traffic or demand preventing normal service delivery;
• Transition to a new service that the Company deems appropriate;
• Force majeure events including power outages, natural disasters, or national emergencies.

4. The Company will provide advance notice of any suspension, except where advance notice is impossible due to circumstances beyond the Company's control.

Article 13. Account and Password Management

1. Users are responsible for managing their own Account credentials (email and password) and must not allow third parties to use them.

2. The Company is not liable for damages arising from a User's negligent management of their credentials. Users must notify the Company immediately upon becoming aware of any unauthorized use. However, the Company is responsible for damages caused by deficiencies in its own security systems.

3. The Company may require a User to change their password or take other necessary measures to protect personal information and prevent unauthorized use, and the User must comply promptly.

Article 14. Intellectual Property

1. Copyright and other intellectual property rights in the website, digital content (including AI-generated feedback), and all materials created by the Company belong to the Company.

2. Copyright in content posted by Users within the Service is protected under applicable copyright law. Upon account termination or loss of membership, content recorded in the User's account will be deleted.

3. Users may not record, reproduce, edit, display, transmit, distribute, sell, broadcast, or publicly perform information obtained through the Service without the Company's prior written consent, nor may they infringe upon the Company's intellectual property rights in any other manner.

Chapter 4. Obligations of the Parties

Article 15. Company Obligations

1. The Company shall not engage in acts prohibited by applicable law or these Terms or contrary to public morals, and shall use its best efforts to provide the Service continuously and reliably.

2. The Company shall not use personal information provided by Users for purposes other than those stated in these Terms or disclose it to third parties without the User's consent, except as required by applicable law or lawful governmental requests.

3. The Company shall protect Users' personal information in accordance with applicable law and the Company's Privacy Policy.

Article 16. User Obligations

1. Users shall comply with these Terms and all applicable laws and regulations.

2. Users shall not engage in any of the following:

• Providing false information or sharing, disclosing, or misusing their own or other Users' credentials or personal information;
• Using information obtained through the Service for commercial purposes, or publishing, broadcasting, reproducing, transmitting, or sharing it without authorization;
• Infringing the intellectual property rights or other rights of third parties;
• Interfering with the Company's operations or other Users' use of the Service;
• Impersonating Company officers or employees;
• Disseminating obscene, offensive, or otherwise objectionable content to third parties.

3. Users are responsible for managing their own personal information in connection with the Service.

Chapter 5. Refunds and Termination

Article 17. Account Termination and Use Restrictions

1. Termination

Users may request account termination at any time through the account settings screen within the Service. The Company will process such requests without delay. However, an "Owner" account may only be terminated after administrative authority has been transferred to another User within the Organization.

Upon termination, the account is immediately deactivated and access to the Service is revoked. Any remaining subscription period, event-based allowances, or other benefits are forfeited immediately and will not be restored or re-issued upon re-registration.

If a User terminates their account while subscribed to a paid Plan, the recurring payment is automatically canceled and no further charges will be incurred.

2. Organization and Data Handling

Upon termination, the User is automatically removed from all Organizations they belong to. If other members remain in the Organization, data created by the departing User (classes, assignments, student data, etc.) is treated as Organization-level data and is retained. If the departing User is the sole member of the Organization, the Organization is automatically deleted.

3. Use Restrictions

The Company may suspend or revoke a User's access if the User violates these Terms or applicable law.

Article 18. Subscription Cancellation and Refunds

1. Subscription Cancellation

Users may cancel their subscription (recurring payment) at any time through the Service settings. Upon cancellation, the User retains access to paid features until the end of the current billing period, and automatic payments cease from the next billing date.

2. Right of Withdrawal

(a) For Users in Korea: Users may withdraw from a paid service contract within seven (7) days of receiving written confirmation of the contract (or, if the service was delivered later, from the date of delivery), in accordance with Article 13(2) of the Act on Consumer Protection in Electronic Commerce, provided that no paid features (such as AI automated evaluation) have been used during that period. Requests must be submitted to customer support within this period, and the Company will process refunds within three (3) business days.

(b) For Users in the European Economic Area (EEA) and the United Kingdom: You have the right to withdraw from a paid service contract within fourteen (14) days of the date of purchase, without giving any reason, in accordance with the EU Consumer Rights Directive (Directive 2011/83/EU) or equivalent UK legislation. If you have expressly consented to the provision of digital content during the withdrawal period and acknowledged that you will lose your right of withdrawal once the content is fully provided, you will not be entitled to a refund after delivery of the digital content has begun.

(c) For all other Users: Users may request a refund within seven (7) days of payment, provided that no paid features have been used. Requests must be submitted to customer support. The Company will process refunds within three (3) business days of receiving a valid request.

3. Refund Restrictions

Refunds may be restricted in the following cases:

• More than seven (7) days (or fourteen (14) days for EEA/UK Users, where applicable) have elapsed since payment;
• The User has used paid features (such as AI automated evaluation) one or more times within the applicable withdrawal period;
• The service was provided free of charge through events, promotions, or other complimentary offers.

If a refund is initiated due to the User's fault, transaction fees or processing costs may be borne by the User.

4. Discrepancy Between Service and Advertisement

Notwithstanding the above time limits, if the content of the Service differs materially from what was advertised or agreed upon, Users may withdraw within three (3) months of receiving the Service or thirty (30) days of becoming aware of the discrepancy.

Services subject to special events or promotions may have separate cancellation and refund terms, which will be clearly communicated in advance.

Article 19. Termination of Paid Service and Effects

1. A User may terminate a paid service agreement within thirty (30) days of becoming aware of, or three (3) months of receiving, any of the following:

• The paid service is not provided, or differs materially from what was advertised;
• The paid service is unusable despite meeting the minimum technical specifications stated by the Company;
• The paid service is defective and normal use is impossible.

2. Recurring subscriptions may be canceled at any time via the settings menu. After cancellation, the User retains access for the remainder of the paid period, and no further automatic charges apply.

3. Services subject to special events or promotions may have separate cancellation and refund terms, which will be clearly communicated in advance.

Chapter 6. Liability and Disclaimers

Article 20. Liability for Damages

1. The Company is liable for damages caused to Users through its willful misconduct or gross negligence.

2. If a User is unable to use a paid service for which they have paid, the Company will restore, replace, or refund the service. However, the Company is not liable for damages arising from the use of free services or free trial periods.

3. If a User causes damage to the Company or a third party by violating these Terms or applicable law, the User shall indemnify and hold the Company harmless.

4. The Company does not warrant the accuracy, completeness, or fitness for any particular purpose of AI automated evaluation results. Except in cases of willful misconduct or gross negligence, the Company is not liable for damages arising from errors in AI automated evaluation results.

Article 21. Disclaimers

1. The Company is not liable for failure to provide the Service due to force majeure events, including natural disasters, epidemics, war, government actions, or comparable events beyond its reasonable control.

2. The Company is not liable for service disruptions or damages caused by the User's own fault, negligence, or willful misconduct.

3. The Company is not liable for a User's failure to obtain expected benefits from the Service, or for damages resulting from the User's selection or use of Service materials.

4. The Company is not responsible for the reliability or accuracy of information, data, or materials stored, posted, or transmitted by third parties on the website.

5. The Company does not warrant the accuracy, completeness, or fitness for any particular purpose of AI automated evaluation results. Except in cases of willful misconduct or gross negligence, the Company is not liable for damages arising from errors in AI automated evaluation results.

6. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY THE USER TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION SHALL NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

7. NOTHING IN THESE TERMS EXCLUDES OR LIMITS THE COMPANY'S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Article 22. Dispute Resolution

1. The Company will address User complaints and grievances promptly and notify Users of the outcome. If prompt resolution is not possible, the Company will inform the User of the reasons and expected timeline.

2. If the Company determines that a User's complaint is not justified, it will notify the User of the reasons.

For Users in Korea: Disputes may be referred to the Content Dispute Mediation Committee pursuant to Article 29 of the Content Industry Promotion Act.

For Users in the European Union: You may refer disputes to the online dispute resolution platform provided by the European Commission at https://ec.europa.eu/consumers/odr, or to any competent alternative dispute resolution (ADR) body in your country of residence. Nothing in these Terms limits your right to bring proceedings in the courts of your country of habitual residence as permitted under applicable consumer protection law.

For all other Users: The parties shall attempt to resolve disputes through good-faith negotiation. If negotiation fails, either party may submit the dispute to binding arbitration administered by the Korean Commercial Arbitration Board (KCAB) under its International Arbitration Rules. The seat of arbitration shall be Seoul, Korea. The language of arbitration shall be English.

Article 23. Governing Law and Jurisdiction

1. These Terms are governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict-of-laws principles.

2. For Users who are consumers residing in the European Economic Area, the United Kingdom, or any other jurisdiction with mandatory consumer protection legislation, nothing in these Terms shall deprive you of the protection afforded by the mandatory provisions of the laws of your country of residence, or of your right to bring proceedings in the courts of your habitual residence.

3. Subject to the foregoing, any litigation arising out of these Terms shall be submitted to the exclusive jurisdiction of the Seoul Central District Court, Seoul, Korea.

Chapter 7. Additional Provisions for International Users

Article 24. Language

These Terms may be provided in multiple languages for convenience. In the event of any inconsistency between the Korean-language version and any translation, the Korean-language version shall prevail, except where prohibited by applicable law.

Article 25. Export Compliance

Users shall comply with all applicable export control laws, sanctions, and trade regulations. Users shall not access or use the Service from any country or territory subject to comprehensive sanctions, or in any manner that would violate such laws.

Article 26. Age Requirements

The minimum age to use the Service without parental or guardian consent varies by jurisdiction. In the United States, Users must be at least 13 years of age (under COPPA). In the European Economic Area, the minimum age may be 16 years or lower depending on the member state (under GDPR). In Korea, Users under 14 must have parental consent. Users below the applicable minimum age must obtain verifiable parental or guardian consent before using the Service. Student accounts created by Teachers are subject to the educational institution's responsibility for obtaining any required parental consent.

Article 27. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

Article 28. Entire Agreement

These Terms, together with the Privacy Policy and any applicable service-specific terms, constitute the entire agreement between the User and the Company regarding the use of the Service, and supersede all prior or contemporaneous communications, proposals, and agreements (whether oral, written, or electronic) relating to the subject matter hereof.

Addendum

These Terms of Service take effect on March 16, 2026, and replace all prior terms. Users who registered before the effective date are also subject to these Terms.

Date of Publication: March 16, 2026

Effective Date: March 16, 2026

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