Terms of Service

Apinoa (the “Service”) is operated by Thebase (더베이스), a sole proprietorship registered in the Republic of Korea, business registration number 126-39-01733 (“Apinoa”, “we”, “us”). These Terms of Service (the “Terms”) are an agreement between us and the person or entity that uses the Service (“you”).

The Credit Terms, the Refund Policy and any order form you sign with us form part of these Terms. Our Privacy Policy explains how we handle personal information.

By creating an account, or by accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

The Service is offered for business and commercial purposes. You represent that you are at least 18 years old, that you are using the Service for your trade, business or profession, and, if you accept these Terms for an organisation, that you are authorised to bind it — in which case “you” means that organisation.

You may not use the Service if you are barred from receiving it under applicable law, including sanctions and export control laws, or if you are located in, or owned or controlled by a person in, a country or region under comprehensive Korean, UN, EU or US sanctions, or listed on a sanctions list. Breach of this is cause for immediate termination.

You must give accurate registration information and keep it up to date. Access to the API is authenticated with keys issued to your account. You are responsible for keeping your credentials and keys confidential and for all activity and charges under your account, whether or not you authorised them, until you tell us of unauthorised use and revoke the affected key.

Tell us promptly at legal@apinoa.com if you suspect a key is compromised.

Apinoa provides programmatic access to publicly available product information from online marketplaces and to automated image translation. We grant you a non-exclusive, non-transferable, revocable right, for the term of these Terms, to access and use the Service for your internal business purposes in accordance with these Terms and our documentation.

We may add, change, deprecate or withdraw any endpoint, marketplace, feature or limit. Availability of any data source depends on third parties outside our control and may change without notice; nothing in these Terms commits us to continue any particular source. Where a change materially reduces the Service you paid for, the Refund Policy applies.

Marketplaces. Apinoa is not affiliated with, sponsored by or endorsed by any marketplace or platform whose data the Service provides (“Marketplaces”). Their names and marks belong to their owners and are used only to identify them. We make no representation that any Marketplace has authorised the way the Service accesses its data.

A Marketplace may at any time restrict or block access to its data, change its site or terms, send notices or bring proceedings. Such an action is not a breach of these Terms by us, and does not entitle you to damages, compensation or a refund; your credit remains usable on the rest of the Service. Where we can, we will tell affected customers within 5 business days. Do not rely on the continued availability of any one Marketplace as the sole basis of your business.

Support. The Service is not designed to be fault-tolerant or for mission-critical use. Support is provided by email on Korean business days on a best-effort basis, without guaranteed response times; priority support is available only under an order form.

You will not, and will not allow anyone else to:

• use the Service or its output in breach of any law or regulation, or to infringe or misappropriate the intellectual property, privacy or other rights of any person;
• use the Service to collect personal information about individuals, or process personal information through it without a lawful basis;
• resell, sublicense or provide the Service, or its raw responses, to third parties as a substitute for the Service, or share API keys outside your organisation;
• circumvent rate limits, quotas, authentication or billing, or access the Service other than through the interfaces we provide;
• probe, disrupt or overload the Service or its infrastructure, or reverse engineer, decompile or derive the source code of any part of it, except to the extent the law permits despite this restriction;
• remove or obscure any proprietary notice, or frame, mirror or white-label the Service as your own API;
• send spam, create fake engagement or reviews, or harass, stalk, track or profile individuals, or build facial-recognition or other biometric identification from data obtained through the Service;
• submit content that is unlawful, infringing, or contains malware;
• use the Service to build a competing product, or for any purpose our payment providers prohibit; or
• analyse, test or publish how the Service obtains its data or works internally, or publish benchmarks or performance comparisons of the Service, without our prior written consent.

You are solely responsible for how you use the data and output you obtain through the Service, including deciding whether that use is lawful for your purpose and complies with the terms of the marketplaces and other third parties the data relates to.

Where data you obtain contains personal information (for example, reviewer or seller names), you are its controller for your use of it. You will comply with the data protection laws that apply to it — including Korea’s Personal Information Protection Act, the GDPR and the laws of the country the data comes from — obtain any consents and legal bases you need, and protect it with appropriate security. Any claim, fine or penalty arising from your use of such data is your sole responsibility.

You keep all rights in the images, text and other material you submit (“Your Content”). You grant us a limited licence to host, process and transmit Your Content only as needed to provide the Service to you. You represent that you have the rights needed to submit it.

Marketplace data returned by the Service is information published by third parties. We do not own it, do not license it to you beyond our own rights in it, and make no representation that it is accurate, complete, current, or free of third-party rights. Translations are produced automatically and may contain errors; review them before relying on them.

You may use the data the Service returns to you for your business, subject to these Terms and to the rights of third parties, which you are responsible for clearing.

Retrieved Data. Product, price, review, seller and other marketplace information obtained by the Service (“Retrieved Data”) is collected by us from publicly available sources; it is not supplied by you, and your request does not make it yours. As between you and us, we own our copies of Retrieved Data and every compilation, database and derived work we make from it. We may retain, cache, combine, enrich, analyse and use Retrieved Data for any lawful purpose, including building aggregated databases and data products and licensing or selling them to others. You are not entitled to any payment, credit or attribution for it, and your right to the data we return to you is non-exclusive.

Usage Data. We may collect data about how the Service is used — for example which operations, marketplaces and categories are requested and how often — and create aggregated or de-identified data from it, which we may use for any lawful purpose, including statistics, market insights and data products.

What we never do. Datasets and data products we offer to others never include Your Content, your account details, or anything that identifies you, your organisation or your individual requests, and personal information in Retrieved Data is removed or de-identified before any such use, as our Privacy Policy describes.

Non-public information either party receives from the other — including, for us, how the Service is built and operates, its data sources and methods, non-public pricing and customer information, and, for you, your API keys and the non-public data you give us — is confidential. The receiving party will protect it with at least reasonable care, use it only for the purposes of these Terms, and not disclose it except to those who need it for those purposes and are bound to keep it confidential, or where the law requires (with notice where permitted). These obligations survive for 3 years after these Terms end, and for trade secrets for as long as they remain trade secrets.

If you believe material processed or made available through the Service infringes your copyright or other rights, write to legal@apinoa.com identifying the work, the material and where it appears, your contact details, and a statement that the information is accurate and that you are the rights holder or authorised to act for them. We will review the notice and act on it as the law requires, which may include suspending access to the material.

Self-serve accounts are prepaid: you buy credit, and each request is charged against it at the price published when the request is made. There is no subscription and no minimum spend. The Credit Terms govern credit — how it is charged, how long it lasts and when it expires — and the Refund Policy governs refunds. In summary: credit expires 12 months after your most recent purchase, has no cash value, and is refundable only as the Refund Policy provides.

Payment processing. Online purchases are sold by our reseller Paddle.com Market Limited (“Paddle”), which acts as merchant of record, processes the payment, collects applicable taxes and issues the invoice; Paddle’s buyer terms govern the payment transaction. Where we accept payment directly, for example through a Korean payment gateway or by bank transfer under an order form, we are the seller and the payment is processed by our payment service provider. We never receive or store your full card details.

Prices are exclusive of taxes unless stated otherwise. You are responsible for all taxes, duties and levies on your purchases other than taxes on our net income.

An order form may set a fixed fee, an included volume, and the APIs it covers. Where a signed order form conflicts with these Terms, the order form controls for that customer only, and only for the subject it addresses.

Unless the order form says otherwise: the initial term is 12 months and renews for successive 12-month terms unless either party gives 30 days’ notice before renewal; fees are invoiced and payable in advance of each period; and the order covers only the APIs it names. Usage outside that scope, or beyond the included volume, is charged to the account’s credit at published prices.

Fees for a period are earned on invoice and are not refundable, including on early termination, non-use or reduced volume, except where the termination results from our material breach. Included volume is per period and does not carry forward. Either party may terminate an order form effective at the end of the then-current period on 30 days’ written notice; we may terminate it immediately for non-payment more than 10 days past due.

The Service, our software, documentation and trademarks, and all improvements to them, belong to us or our licensors. These Terms grant you no rights in them other than the right to use the Service stated above. If you send us suggestions or feedback, we may use them without restriction or obligation to you.

We may suspend or limit your access, with notice where practicable, where we reasonably believe it is necessary to protect the Service, other customers or a third party, to comply with law or a request from a payment provider or authority, or where we reasonably suspect breach of these Terms, fraud, abusive load or unlawful use. We will restore access once the reason for the suspension is resolved. We are not liable for any suspension or limitation made in good faith under this section.

You may stop using the Service and close your account at any time. We may terminate these Terms or your account on 30 days’ notice for any reason, and immediately if you materially breach these Terms and do not cure the breach within 7 days of notice (or immediately where the breach cannot be cured, or involves fraud, non-payment, or use that exposes us to claims from a third party).

On termination your right to use the Service and your API keys end. Credit is treated under the Credit Terms and the Refund Policy; if we terminate for convenience, we refund your unused purchased credit. Sections that by their nature should survive termination survive it, including those on fees, content, intellectual property, disclaimers, liability, indemnity and disputes.

To the maximum extent permitted by law, the Service and all data and output are provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation.

We do not warrant that marketplace data is accurate, complete, current or lawful for your intended use, or that any data source will remain available. Public data may be changed, removed or made private at its source at any time, and we have no obligation to verify, update or correct data after we have delivered it. No service level applies to self-serve accounts; any service level is only what an order form states.

Assumption of risk. You acknowledge that the law on collecting, aggregating and using publicly available web data is evolving and differs between countries; that Marketplaces or authorities may act against us or our customers at any time; and that we cannot guarantee that the Service will remain lawful, available or functional in any jurisdiction. You use the Service at your own risk as to these matters.

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill or data, arising out of or in connection with these Terms or the Service, even if we were told such damages were possible.

Our total liability arising out of or in connection with these Terms or the Service is limited to the greater of US$100 and the amounts you paid us for the Service in the 12 months before the event giving rise to the liability.

Sole remedy. For any failure, interruption or defect of the Service, your sole and exclusive remedy, and our entire liability, is the refund of your unused purchased credit under the Refund Policy.

Your decisions are yours. We are not responsible for decisions you make or actions you take using the Service or its output, including your pricing, sourcing, listing and advertising; for the suspension or restriction of your accounts on any marketplace or platform; or for claims that material you publish, including translated images, infringes a third party’s rights.

Security incidents. If a security incident affects your account data, we will notify you as the law requires, take reasonable steps to contain and remedy it, and cooperate with you; to the extent the law permits, that is our sole obligation and your sole remedy. We are not liable for incidents caused by your failure to secure your own systems, credentials or keys.

Free and beta use. Free credit, trials and features we label beta, preview or experimental are provided without any warranty, and to the extent the law permits we have no liability for them.

We are not liable for failures or delays caused by events beyond our reasonable control, including failures of marketplaces, networks, hosting or payment providers, changes in third-party websites, any action by a Marketplace that restricts our access to its data, acts or orders of government or regulators, sanctions, pandemics, natural disasters, war, or cyberattacks we could not reasonably have prevented.

The limits in this section apply to our liability only. They do not limit your liability for fees, under your indemnity, or for breach of the acceptable use, confidentiality or intellectual property terms.

Nothing in these Terms excludes or limits liability for damage caused intentionally or by gross negligence, for death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law.

You will defend, indemnify and hold us harmless from and against any third-party claim, and the resulting losses, damages, fines and reasonable legal costs, arising from Your Content, your use of the Service or of data obtained through it, your products and services that use such data, your breach of these Terms, or your violation of any law or of any third party’s rights or terms — including claims brought by a Marketplace, and any investigation, fine or penalty by a regulator or data protection authority arising from your use. We will tell you promptly of any such claim. We may choose to conduct the defence ourselves, with counsel of our choice, at your reasonable expense, and you will cooperate with us; if we let you conduct it, you may not settle it in a way that admits fault on our part or imposes an obligation on us without our written consent.

These Terms are governed by the laws of the Republic of Korea, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

Before starting proceedings, each party will try in good faith to resolve a dispute by written notice and discussion for at least 30 days. Disputes that are not resolved are subject to the exclusive jurisdiction of the Seoul Central District Court as the court of first instance, except that either party may seek urgent injunctive relief in any competent court, and nothing here removes a consumer protection right to sue in the courts of your place of residence.

Any claim against us arising out of or in connection with these Terms or the Service must be brought within one year after the claimant knew or should have known of it, or it is barred, to the extent the law permits.

We may modify these Terms by posting a revised version with a new effective date. We will notify registered users by email or in the dashboard at least 7 days before a change takes effect, and at least 30 days before a change that is adverse to you. Continued use after the effective date is acceptance. If you do not agree, you may stop using the Service and close your account before the change takes effect; if the change is adverse to you, we refund your unused purchased credit.

These Terms, together with the documents they incorporate, are the entire agreement between us about the Service and supersede prior agreements on that subject. If any provision is held unenforceable, it is enforced to the maximum extent permitted and the rest remain in effect. Failure to enforce a provision is not a waiver of it.

You may not assign these Terms without our written consent. You consent in advance to our assigning them, on notice to you, to an affiliate or to a successor to the Service or to our business, including on a change of the business’s legal form. The parties are independent contractors. We may send notices to the email address on your account; you may send notices to legal@apinoa.com.

We may name you, and show your logo, as a customer of Apinoa in our marketing materials. You can ask us to stop at any time by writing to legal@apinoa.com, and we will stop within 30 days.

These Terms give no rights to any third party, including any Marketplace or data subject. “Including” means “including without limitation”.

These Terms are written in English. Any translation is for convenience only, and the English version prevails.

Questions about these Terms: legal@apinoa.com. General enquiries: hello@apinoa.com.