Terms of Service

Effective: March 1, 2026 | Last Updated: March 26, 2026

1. Introduction and Scope

These Terms of Service ("Terms") govern your access to and use of the Whistle AI platform ("Service"), an AI-powered export management solution operated by (주)모티브이노베이션 (Republic of Korea) and MOTIVE Global, Inc. (Delaware, United States) (collectively, the "Company," "we," "us," or "our").

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.

These Terms apply to all users worldwide, including Manufacturer Members (Korean exporters) and Buyer Members (international purchasers).

Responsible Entity by User Type: (주)모티브이노베이션 (Korea) is the contracting entity and primary data controller for users based in the Republic of Korea and for all KRW-denominated transactions. MOTIVE Global, Inc. (Delaware, USA) is the contracting entity for all other international users and for USD/foreign-currency transactions processed via Stripe. Both entities are jointly responsible for the Service infrastructure and AI features described herein. Where the law requires a single data controller, (주)모티브이노베이션 acts as lead controller for Korean-law purposes, and MOTIVE Global, Inc. acts as lead controller for GDPR and U.S.-law purposes.

2. Definitions

1. "Service" means the Whistle AI SaaS platform, including AI export analysis, HS code classification, FTA/tariff simulation, cost/margin simulator, export document generation, buyer matching, real-time logistics tracking, communication tools, and payment processing.
2. "Manufacturer Member" means a Korea-based manufacturer or distributor registered on the Service for export purposes.
3. "Buyer Member" means an international purchaser registered on the Service to source products from Korean manufacturers.
4. "Paid Service" means subscription plans and per-use services for which the User pays a fee.
5. "Subscription" means a recurring payment arrangement (monthly, semi-annual, or annual) for continued access to Paid Services.
6. "Auto-Renewal" means automatic recurring charges to the User's registered payment method at the end of each billing cycle.

3. Account Registration

1. A service agreement is formed when you agree to these Terms, complete the registration process, and the Company accepts your application.
2. Registration requires email verification. All information provided during registration must be accurate, current, and complete.
3. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
4. The Company may refuse registration or terminate accounts in the following circumstances:
   • Use of another person's identity or credentials
   • Provision of false or misleading information
   • Failure to meet registration requirements
   • Violation of applicable laws or these Terms

4. Description of the Service

The Company provides the following services:

1. AI Export Analysis: Comprehensive reports including PESTEL analysis, Porter's Five Forces, TAM/SAM/SOM sizing, risk matrix, and 12-week export roadmaps
2. HS Code Classification: AI-powered Harmonized System code recommendations with customs authority data verification
3. FTA/Tariff Simulation: Tariff rate simulations covering 21 FTAs and 59 countries
4. Cost/Margin Simulator: Integrated five-tab simulation covering HS classification, FTA analysis, cost of goods, logistics, and margin calculations
5. Export Document Generation: Automated drafting of Proforma Invoices, Commercial Invoices, Packing Lists, Certificates of Origin, Sales Contracts, and related documents
6. Buyer Matching: AI-driven matching between manufacturers and qualified international buyers
7. Real-Time Logistics Tracking: Aviation (ADS-B) and maritime (AIS) tracking with geopolitical risk monitoring
8. Communication: Messaging between manufacturers and buyers, AI-powered translation, document sharing, and electronic signatures
9. Export Voucher Support: Facilitation of government export voucher programs (Korean market)

5. Pricing and Payment

1. The Service offers the following plans:

   FREE — $0/month (limited features)

   STARTER — $99/month

   PROFESSIONAL — $199/month

   ENTERPRISE — $449/month

   Single AI Analysis — ₩13,900/report

   All subscriptions are billed in US Dollars through Stripe.

2. Paid subscriptions are available in monthly, semi-annual (6-month), and annual (12-month) billing cycles.
3. All payments are processed through Stripe, Inc.
4. Subscriptions auto-renew at the end of each billing cycle unless cancelled before renewal.
5. Access to Paid Service features begins immediately upon successful payment.
6. Per-use charges (e.g., individual AI analysis reports) may apply in addition to subscription fees and are disclosed within the Service prior to purchase.
7. All prices for global users are in US Dollars and exclude applicable taxes. Korean prices include VAT.

6. Platform Fees and Escrow

1. Platform Transaction Fee: A 2.5% platform fee is charged on all escrow transactions. The fee is deducted from the seller's (Manufacturer's) settlement amount.
2. Escrow Payment Process: Buyer payments are processed through Stripe escrow and follow these procedures:
   • Order Acceptance: If the seller (Manufacturer) does not accept the order within 3 business days, the order is automatically cancelled and a full refund is issued to the Buyer.
   • Delivery Confirmation: If the Buyer does not confirm receipt or raise a dispute within 14 days after shipment, delivery is automatically deemed confirmed.
   • Fund Settlement: Within 7 business days after delivery confirmation (automatic or manual), the transaction amount minus the 2.5% platform fee is settled to the seller.
   • Payment Authorization Validity: Stripe payment authorizations are captured within 6 days to prevent authorization expiry.
3. Refund and dispute resolution matters related to escrow transactions are governed by our Refund Policy.
4. The platform fee rate may be changed with prior notice, following the procedures set forth in Section 19 (Modifications to These Terms).
5. Early Partner Program: During the initial launch period, Whistle AI may waive or reduce the platform transaction fee (0% fee) for qualifying early adopters and partner manufacturers at its sole discretion. This promotional rate is subject to change with 30 days' prior notice.

7. Subscription Cancellation

1. You may cancel your subscription at any time through the account settings or by contacting customer support at [email protected].
2. Upon cancellation, you retain access to Paid Service features until the end of the current billing period. No further charges will be made after the current period expires.
3. Cancellation must be completed at least 3 days before the next renewal date to prevent the next automatic charge.
4. Refund terms are governed by our Refund Policy.

8. User Obligations

You agree not to:

1. Provide false or misleading information during registration or account updates
2. Use another person's account or credentials without authorization
3. Intentionally disrupt or interfere with the operation of the Service
4. Use the Service for any unlawful purpose or in violation of applicable laws
5. Collect, store, disclose, or distribute information from the Service without prior written consent from the Company
6. Infringe upon the intellectual property rights of the Company or any third party
7. Reproduce, distribute, or transmit the Service or its content for unauthorized commercial purposes
8. Access the Service through automated means (bots, crawlers, scrapers) without prior written authorization

9. Service Restriction and Termination

1. The Company may suspend or terminate your access if you violate these Terms.
2. The Company will provide prior notice via email before restricting access, except in urgent cases (e.g., service disruption, legal violations) where post-hoc notice may be given.
3. You may contest any access restriction by submitting a written objection. The Company will lift the restriction promptly if the objection is determined to be justified.

10. Service Modifications and Interruptions

1. The Company may modify all or part of the Service for operational or technical reasons, with prior notice posted within the Service.
2. The Company may restrict or suspend the Service in the following circumstances:
   • Scheduled maintenance, repair, or equipment upgrades
   • Force majeure events (natural disasters, power outages)
   • Third-party service failures (APIs, cloud infrastructure)
3. For planned interruptions, 7 days' advance notice will be provided. For emergency interruptions, notice will be given as soon as practicable.

11. AI Usage Disclosure & Disclaimer

1. AI Technologies Used. Whistle AI utilizes artificial intelligence and machine learning technologies, including large language models (LLMs) operated by Anthropic, PBC ("Claude"), in the following features: (a) Export Analysis reports (PESTEL, Porter's Five Forces, TAM/SAM/SOM, risk matrix, roadmaps); (b) HS Code Classification; (c) FTA/Tariff Simulation; (d) Buyer Matching algorithms; (e) AI Translation; (f) Document generation. Your product information and export data are processed by these third-party AI providers as described in our Privacy Policy. Data is transmitted over encrypted connections and subject to Anthropic's data processing agreements.
2. Automated Decision-Making & EU AI Act Compliance. Certain features involve automated or semi-automated processing of your data: (a) HS Code classification is AI-suggested and requires human verification by a licensed customs broker before use; (b) Buyer matching uses algorithmic scoring but is reviewed by our team before presentation; (c) Export analysis reports are fully AI-generated reference content. Pursuant to GDPR Article 22 and equivalent laws, you have the right to request human review of any automated output that significantly affects you. Pursuant to EU AI Act (Regulation (EU) 2024/1689) Article 50, we disclose that certain outputs of this Service are generated by AI systems. Our AI-generated content (export analyses, HS code suggestions, tariff estimates, buyer recommendations) is clearly marked as AI-generated. You have the right to seek human oversight and to contest AI-generated recommendations. Contact [email protected] to exercise these rights.
3. AI Content Disclaimer. All AI-generated analysis (PESTEL reports, tariff estimates, buyer recommendations, HS codes, market analyses, export roadmaps) is provided for informational and reference purposes only. It does not constitute professional trade, customs, legal, or financial advice. Export decisions remain solely your responsibility.
4. HS code classifications generated by the AI may differ from official determinations by customs authorities. Verification by a licensed customs broker is strongly recommended before customs clearance.
5. FTA/tariff simulations are AI-estimated approximations. Actual rates may vary based on customs determinations, exchange rate fluctuations, and regulatory changes at the time of clearance.
6. Your Rights Regarding AI. You may opt out of AI-powered recommendations by contacting support. However, certain core platform features require AI processing and may be unavailable without it. You may also request that any AI-generated content affecting you be reviewed or corrected by contacting [email protected].
7. The Company is not liable for losses arising from reliance on AI-generated content, market conditions, exchange rate movements, regulatory changes, or other external factors.

12. Export Documents

1. Export documents generated through the Service (Proforma Invoices, Commercial Invoices, Packing Lists, Certificates of Origin, Sales Contracts, etc.) are produced as drafts. You are responsible for reviewing, verifying, and correcting all content before use.
2. The final accuracy, legal compliance, and suitability for submission to banks, customs authorities, or other institutions are your sole responsibility.
3. Electronic signatures executed within the Service may serve as evidence of mutual agreement between parties. However, separate legal review may be required in the event of a dispute.

13. Logistics Tracking Disclaimer

1. Real-time logistics tracking (aviation ADS-B, maritime AIS) relies on publicly available data. The Company does not guarantee the timeliness or accuracy of such data.
2. Geopolitical risk information is sourced from public data and is provided for reference only. It may not reflect current security conditions.
3. The Company is not liable for any losses resulting from delays, omissions, or errors in logistics tracking data.

14. Intellectual Property

1. All software, technology, designs, trademarks, and content included in the Service are the intellectual property of the Company.
2. Product information, company data, and documents you upload to the Service remain your property.
3. You may not use information obtained through the Service for commercial purposes or provide it to third parties without the Company's prior written consent.

15. Limitation of Liability

1. If the Company breaches these Terms and causes you actual damages, the Company shall compensate you for such proven damages.
2. If you breach these Terms and cause the Company damages, you shall compensate the Company for such damages.
3. The Company's total aggregate liability shall not exceed the amount you have paid for the Service during the twelve (12) months preceding the event giving rise to the claim. This limitation does not apply to damages caused by the Company's willful misconduct or gross negligence.
4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL.

16. Disclaimers

1. The Company is not liable for service interruptions caused by force majeure events, including natural disasters, wars, government actions, or telecommunications failures.
2. The Company is not liable for service disruptions attributable to your own actions or omissions.
3. The Company is not liable for any expected revenue or profits that you fail to realize through use of the Service.
4. The Company is not obligated to intervene in disputes between Users or between Users and third parties arising from or related to the Service, and bears no liability for damages resulting from such disputes.

17. Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal data. By using the Service, you acknowledge and agree to the data practices described in our Privacy Policy.

18. Governing Law and Dispute Resolution

1. For Users outside the Republic of Korea: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The seat of arbitration shall be Wilmington, Delaware.
2. For Users in the Republic of Korea: These Terms shall be governed by the laws of the Republic of Korea. Disputes shall be submitted to the Seoul Central District Court as the court of first instance. Dispute resolution procedures under the Act on Consumer Protection in Electronic Commerce may also apply.
3. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in any court of competent jurisdiction.

19. Modifications to These Terms

1. The Company may modify these Terms from time to time. Material changes will be communicated at least 7 days before the effective date via in-app notification or email. Changes that are materially adverse to Users will be communicated at least 30 days in advance.
2. Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you may terminate your account.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

21. Entire Agreement

These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, understandings, and communications.