content and ai use policy

Effective date: 8 November 2026

1. Scope

1.1 This Content and AI Use Policy (the “Policy”) governs access to and use of kimjie.com and any page or file served from it (the “Site”), operated by kimjie (“kimjie”, “we”, “us”).

1.2 This Policy forms part of our Terms of Service. It applies to any person or entity that accesses the Site for a commercial purpose or by automated means, and to any person acting on their behalf (each, a “User”). By accessing the Site in either capacity, the User accepts this Policy.

1.3 “Content” means all text, photographs, product images, video, graphics, reviews, product data, prices, design, layout, trade dress and code on the Site, whether owned by or licensed to kimjie.

1.4 “Automated Means” means any bot, crawler, spider, scraper, script, headless browser, data-extraction tool, or artificial intelligence system or agent, including agents operated through services such as ChatGPT, Claude, Grok, Gemini or Perplexity.

2. Prohibited conduct

Without kimjie's prior written consent, the User shall not:

2.1 access, crawl, scrape, harvest, index, mirror or store the Site or any Content by Automated Means, save for search engines and AI search services acting in accordance with the Site's robots.txt and within the limits it sets;

2.2 copy, download, reproduce, adapt, distribute, publish or make available any Content on any other website, online store, marketplace, advertisement or social media account;

2.3 submit any Content to an artificial intelligence system for the purpose of reproducing, rewriting, imitating or creating derivative works of kimjie's copy, product pages, advertising, packaging or brand;

2.4 use any Content to train, fine-tune, evaluate or ground an artificial intelligence model, or to compile, license or sell a dataset;

2.5 circumvent, disable or ignore robots.txt, the tdm-reservation signal, rate limits, IP restrictions or any other technical measure on the Site, or continue to access the Site after kimjie has blocked or revoked that access.

Each act described in this Article 2 constitutes a separate violation, counted per page, image or item of Content concerned.

3. Reservation of text and data mining rights

3.1 Pursuant to Article 4(3) of Directive (EU) 2019/790, kimjie expressly reserves all rights to text and data mining of the Site and the Content. This reservation is expressed in machine-readable form in the Site's robots.txt and in the tdm-reservation meta tag on every page of the Site.

3.2 Providers of general-purpose AI models are required under Article 53(1)(c) of Regulation (EU) 2024/1689 (the AI Act) to identify and comply with this reservation. kimjie reserves the right to report non-compliance to the European AI Office and the competent national authorities.

4. Liquidated damages

4.1 The User acknowledges that the harm caused to kimjie by a violation of Article 2, including lost sales, damage to its brand and goodwill, and the cost of detection and enforcement, is difficult to quantify. The parties therefore agree that the amounts in Article 4.2 are a reasonable pre-estimate of that harm and do not constitute a penalty.

4.2 For each violation of Article 2, the User shall pay kimjie liquidated damages of USD 25,000 (or EUR 25,000), together with USD 2,500 (or EUR 2,500) for each day on which the violation continues, including each day on which copied Content remains available online.

4.3 Amounts under this Article 4 are due immediately upon the violation, without any prior notice or demand being required.

4.4 This Article 4 is without prejudice to kimjie's right to claim actual damages, disgorgement of profits, statutory damages, attorneys' fees and costs, injunctive relief, and the removal and destruction of infringing material.

5. Applicable law: United States

Without limitation, a violation of this Policy may give rise to liability under:

5.1 the Copyright Act, 17 U.S.C. §§ 501–505, under which statutory damages for willful infringement may amount to USD 150,000 per work infringed, together with attorneys' fees;

5.2 the Digital Millennium Copyright Act, 17 U.S.C. §§ 1201 and 1202, concerning the circumvention of technological measures and the removal or alteration of copyright management information;

5.3 the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, concerning access to the Site after such access has been blocked or revoked;

5.4 the Lanham Act, 15 U.S.C. § 1125, concerning the use of kimjie's name, marks or trade dress in a manner likely to cause confusion.

kimjie will also submit notices under 17 U.S.C. § 512 to hosting providers, marketplaces, search engines and advertising platforms.

6. Applicable law: European Union

Without limitation, a violation of this Policy may give rise to liability under:

6.1 Directive (EU) 2019/790, Article 4, as set out in Article 3 of this Policy;

6.2 Directive 2001/29/EC, concerning the reproduction and communication to the public of the Content;

6.3 Directive 96/9/EC, concerning the extraction or re-utilisation of a substantial part of kimjie's database of product data, reviews and prices;

6.4 Regulation (EU) 2024/1689, Article 53, as set out in Article 3.2 of this Policy;

6.5 Directive 2004/48/EC, under which kimjie may seek damages, costs, injunctions and corrective measures.

7. Monitoring and enforcement

kimjie logs access to the Site, may restrict or block any traffic it reasonably believes to be in breach of this Policy, and may pursue all remedies available to it without further notice.

8. Permissions

Requests to use Content must be made in writing to hello@kimjie.com. No licence is granted unless confirmed by kimjie in writing.

9. Governing law and jurisdiction

9.1 Claims arising in the United States are governed by the federal law of the United States and may be brought before any competent federal court in the United States.

9.2 All other claims are governed by the law of the European Union and may be brought before the courts of the European Union.

9.3 kimjie may in addition bring proceedings where the violation occurs or where the User is established.

10. Severability

If any provision of this Policy is held invalid or unenforceable, it shall be limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.