Terms and Conditions for Use of Twinit Service
Chapter 1 General Conditions
Article 1 (Purpose)
The purpose of these Terms and Conditions for Service Use (hereinafter referred to as the “Terms and Conditions”) is to prescribe rights and obligations and responsibilities of users who access or use EntreReality (hereinafter EntreReality or the “Company”) and the website of the Company, or use relevant services. If a user do not provide consent to these Terms and Conditions, the user is not allowed to use Twinit, so please consent after reading it through carefully before use.
Article 2 (Definition)
Terms used herein are defined as follows. Other terms not defined herein shall follow applicable laws and general commercial practice.
- The term “Service” means the Twinit Website (https://twinit.ai/) service provided by the Company and any program, software and relevant service provided in relation thereto.
- The term “User” means any member or non-member who uses the Service of the Company.
- The term “Member” means any individual, juristic person, public institution, etc. that accesses the Service of the ‘Company’, enters into an agreement to use the Service with the ‘Company’ and uses the Service provided by the ‘Company’.
- The term “Non-member” means the one who does not sign up for membership and uses the Service provided by the Company.
- The term “Company’s IP Content” (hereinafter referred to as the “Content”) means any and all works (rooms, templates, avatars, videos, images, texts, stories, graphics, live broadcasts, phrases, etc.) created by the Company in order to form and operate the Service.
- The term “User Content” means photographs, videos, texts, graphics, items and other materials created and posted by the User within the Service by using the Service and Company IP Content.
- The term “ID” means a combination of alphabets and numbers chosen by the Member and approved by the Company or the Member’s email address for identification of the Member and use of the Service.
- The term “Password” means a combination of alphabets and numbers chosen by the Member to verify that he/she is the Member matched with the ID set by the Member and to protect secrets.
- The term “Member’s Information” means information stored by the Member in the Service of the Company (including information in accordance with Paragraph 1 of Article 3 of 『Framework Act on National Informatization』 and for individual, personal information and credit information), and possessed or managed by the Member.
- The term “Paid Service” means the service, among the Service prescribed in Paragraph 1, that is available to be used by the Member who paid separate usage charges.
Article 3 (Effectiveness and modification of Terms and Conditions)
- The Company shall notify users of these Terms and Conditions by displaying them on the initial page of the website (https://twinit.ai) or separately linked page, or using a pop-up page, etc. for easier recognition by user.
- The Company may modify these Terms and Conditions to the extent that they do not violate applicable laws including Act on the Regulation of Terms and Conditions (hereinafter referred to as the “Terms and Conditions Act"), Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as the “Information and Communications Network Act”), Act on the Consumer Protection in Electronic Commerce (hereinafter referred to as the “Electronic Commerce Act”), etc.
- In the event of any modification of these Terms and Conditions, the announcement stipulating the effective date and the grounds for modification shall be displayed on the website of the Company in addition to current terms and conditions, at least 7 days prior to the effective date of modified terms and conditions; provided, however, that if such modification is unfavorable to Member’s rights and obligations, the Company shall notify the Member of it 30 days prior to the effective date in accordance with Paragraph 1 of Article 7.
- If the Member fails to explicitly express intent to refuse by the effective date or uses the Service after the effective date even though the Company informs or notifies the Member of information that if the Member fails to express its intent within 30 days, the Member shall be deemed to have expressed, as the Company informs or notifies modified terms and conditions pursuant to the preceding paragraph, it shall be deemed that the Member provides consent to the modified terms and conditions.
- If the Member fails to provide consent to modified terms and conditions, the Company or Member may terminate the service use agreement. In such a case, the Company may terminate the agreement with the Member after sending 15 day notice to the Member and notify the Member of reasons and date of termination, amount to be refunded in writing or by email or other methods equivalent thereto.
Article 4 (Matters not specified in Terms and Conditions)
- Matters not specified herein shall abide by applicable laws including Information and Communications Network Act, Terms and Conditions Act, Telecommunications Business Act, etc. and the operation policy established by the Company.
- In the event that the Member uses the Service by entering into an individual agreement with the Company, the individual agreement shall prevail unless otherwise specified.
Chapter 2 Use of the Service
Article 5 (Application for use of the Service)
- The service applicant (hereinafter referred to as the "Applicant") agrees to these terms and the consent for the collection and use of personal information when registering as a member, the service agreement will be established.
- With regard to the preceding paragraph, the Company may request an applicant to verify his/her real name and identity through a specialized institution. In the event that the applicant illegally uses pseudonym or provides false information, exercising or claiming its rights hereunder is not allowed, and the Company may terminate the service use agreement.
- Personal information provided by an applicant at the time of applying for the Service is protected by applicable laws and the Privacy Policy of the Company.
- In the event that an applicant is under 14 years old, consent of his/her legal representative (parent, guardian) in accordance with Personal Protection Act.
Article 6 (Formation of the service use agreement)
- The Company approves an application submitted by an applicant under Article 5 if there is no special reason such as difficulties in performing duties or technical difficulties, etc.
- Notwithstanding the foregoing, the Company may deny or postpone approval for application for service use if it falls under any of following cases, or terminate the service use agreement if it is found out, after the approval, that it falls under following cases.
- Where an applicant fails to use his/her real name or uses another person’s name;
- Where an applicant has once lost membership in the past under these Terms and Conditions;
- Where an applicant provides false information or fails to provide information requested by the Company;
- Where it is found out that an applicant intends to use or has used the Service for wrongful purposes such as violation of laws or torts, etc.;
- Where an applicant fails to provide consent to the service use agreement and the form of consent to collection and use of personal Information;
- Where approval for application is unavailable due to a reason attributable to an applicant or application is made against any of items in the policy of the Company;
- Where there are other reasons equivalent to subparagraph a to f, and where it is deemed that approval is substantially inappropriate on the basis of applicable laws
- In the event that the Company denies or postpones approval for membership application in accordance with Paragraph 2, the Company, in principle, shall inform the applicant of it.
- These Terms and Conditions, in principle, shall apply from the date on which the Member provides consent thereto to the date of membership withdrawal; provided, however, that some provisions in these Terms and Conditions may be valid even after the Member withdraws.
Article 7 (Notice to the Member)
- In the event that the Company is obligated to notify to the Member, the Company notifies by using the email address registered by the Member at the time of applying for service use unless otherwise specified in these Terms and Conditions.
- In the event of notice to the Member as a whole, the Company may announce it on the website of the Service at least 7 days in lieu of individual notification using the method as prescribed in aforementioned Paragraph 1; provided, however, that if modifications are unfavorable to rights and obligations of the Member are notified, it shall not apply.
- The Member has an obligation to maintain its contact information (email address, mobile number, landline phone number, etc.) up to date in order to receive notice from the Company. The Company is not responsible for any disadvantages caused to the Member by not updating contact information.
Article 8 (Use of and change in the Service)
- The Member who made the service use agreement in accordance with Article 5 can use the Service immediately; provided, however, that in the case of the Paid Service and that separate terms and conditions are required to be made, the Member can use the Service after relevant procedures are complete.
- The Company provides information on minimum or recommended technical specifications (hereinafter referred to as the “System Requirement”) required for use of the Service on the website of the Service. The System Requirement may be changed depending on the changes in environment such as service update and technology development, etc.
- The Member shall ensure that its environment is suitable for the System Requirement, and the Company is not responsible for any matter related to changes in the System Requirement.
- The Company may add or change the type and content of the Service only on the condition that new information is posted on the website of the Service or notification is made pursuant to Article 7; provided, however, that the Company may notify later if change is required inevitably due to fixing bugs or errors or urgent updates, addition or change is not disadvantageous to the Member as it does not fall under material changes, or there is an unavoidable circumstance such as default in a server, urgent security issue, etc.
- Notwithstanding the foregoing, if changes in the Service may be unfavorable to the rights and obligations of the Member, the Member shall have the rights specified in Article 3.
Article 9 (Provision of the Service)
- The Service shall, in principle, be provided for 24 hours a day, all year around; provided, however, that if normal use of the Service is unavailable due to necessity by the Company including maintenance of facilities, or force majeure including excessive use of the Service, the use of the entire or partial Service may be restricted. In such a case, the Company, in principle, notifies the fact that the use of the Service is temporarily restricted and restriction period in advance, and if there is an urgent or inevitable circumstance for which prior notification is unavailable to be made, the Company notifies it after such circumstance without delay.
- The Company may determine separate hours to use for some of the Service of the Company depending on the type and characteristic of the Service. In such a case, the Company informs or notifies the Member of such hours of use in advance.
- The Company may conduct regular inspection if it is necessary to provide the Service, and it follows the schedule as announced on the website of the Service.
Article 10 (Suspension of provision of the Service)
- The Company may suspend to provide the Service if falling under any of following cases:
- Where there are unavoidable circumstances such as expiration/termination of a contract related to provision of the Service between the Company and a third party, repair of facilities and other maintenance, etc.;
- There are risks of disruption in operation of normal Service due to national emergencies, facility defects, skyrocketing access to the Service, etc.;
- Where the Company is unavailable to provide the stable Service practically due to unavoidable events such as natural disaster, massive hacking, etc.;
- Where telecommunication service providers (prescribed in the Telecommunications Business Act) suspend telecommunication services;
- Where provision of the Service is objectively impossible due to other force majeure reasons
- The Company announces suspension of the Service by using the method of notification chosen by the Member beforehand or by displaying it on the service access page or website of the Service, if falling under any of above-mentioned Subparagraph a of Paragraph 1; provided, however, that it shall not apply if prior notification is unavailable to be made due to suspension of the Service caused by circumstances that the Company cannot control (defect in facilities or system disruption, etc. in which no intention, negligence of the Company exists).
- The Company may suspend the Service temporarily without prior notice for matters specified in each Subparagraph b, Subparagraph c, Subparagraph d of Paragraph 1.
- The Company is not responsible for any damage caused by suspension of provision of the Service under reasons specified in this Article.
Article 11 (Rights of the Company for content)
- Copyrights, patents, trademarks and other intellectual rights in works and other content created by the Company or User shall be vested in the Company. The Users shall not use or allow a third party to use any information obtained by the use of the Service operated by the Company by means of reproduction, transmission, publishing, distribution, broadcast, etc. without prior consent of the Company and applicable laws shall apply to infringement copyrights in content.
- The Company does not grant the User the right to use the name of the Service, trademark, logo, domain name and other distinctive brand features unless it provides explicit rights to use brand features of the Service and other services provided by the Company by making a written agreement with the User separately.
- Any unauthorized crawling, scraping or caching of or access to content provided by the Company or mirroring thereof to other websites or other media and any attempts thereof shall be prohibited. The Company may block access with regard to the prohibited acts prescribed in this Paragraph including crawling, scraping, caching, etc. at the sole discretion of the Company.
- This Article shall survive even after rescission or termination of the service use agreement.
Article 12 (Protection of personal information)
The Company establishes and operates the Privacy Policy for compliance with laws concerning personal information protection including the Information and Communications Network Act, Personal Information Protection Act in order to protect users’ personal information safely. For more information, please see the Privacy Policy on the website.
Article 13 (Obligations of the Member to manage its account)
- The Member is responsible for management of its ID and password and preventing a third party from using it.
- In the event that the Member finds out that its ID and passwords are stolen or used by a third party, the Member shall immediately inform the Company of it and follow the instruction of the Company.
- The Company may restrict the use of the ID if there is any risk of unauthorized disclosure and leakage of personal information
- The Member is responsible for any matter arising out of violation of obligations of this Article. The Company is not responsible for any disadvantage arising out of violation of this Article or failure to follow instructions or guidelines of the Company.
- The Company may restrict the number of accounts that an individual Member can possess in accordance to the policy of the Company. Details conform to information announced on the website of the Service.
Article 14 (Change in personal information of the Member)
- The Member may access to or modify his/her personal information on the personal information management page on the Website of the Service at any time.
- The Member may modify information on the website of the Service when his/her personal information is changed. If modification of information on the Website is unavailable due to other reasons, the Member shall inform the Company of it by sending an e-mail or using other methods.
- The Company is not responsible for any disadvantage caused to the Member arising out of incorrectness of personal information provided by the Member to the Company or failure to inform the Company of modification specified in Paragraph 2.
Article 15 (Suspension of the use of the Service by the Company)
- The Company may suspend the use of the Service of the Member entirely or partially without prior notification if falling under any of following cases:
- Where the Member fails to pay charges for the use of the Paid Service by the date of payment;
- Where the Member interferes with operation of the Service by sending massive amount of information, or sends or serves as a medium to send unauthorized advertising information;
- Where the Member has effect on the network by generating abnormal excessive traffic in relation to the system in operation;
- Where the Member attempts to hack or spread virus or such acts are found out;
- Where someone else uses Member’s ID wrongfully;
- Where pornographic or violent messages, images, voices, and other information against good public order and customs are disclosed or sent;
- Where rights of the Company or a third party including copyrights are infringed;
- Where a message is posted or email is sent by means of impersonating an employee or administrator of the Company;
- Where the Member uses the Service for the purpose against national or public interest;
- Where the Member uses the Service in violation of applicable laws or against public ethics or order;
- Where an act by the Member impairs or causes disadvantages to other persons’ reputation;
- Where the Member accesses or uses the Service in the manner that avoids conditions set by the Company for the use of the Service, restrictions or limitations notified by the Company in relation to the use of the Service (for example, the matter using more than one ID or sharing the ID in order to use the Service for free or receive a benefit of a special price, etc.);
- Other wrongful acts equivalent thereto
- In the event that the Company suspends the use of the Service of the Member pursuant to Paragraph 1, the Company shall notify the Member of it with the reason of suspension, period of suspension and formal means of objection. In case that the reason under Paragraph 1 is removed or objection is deemed to be justifiable, or the act is not severe, the Member’s right to use the Service may be restored at the discretion of the Company.
- In the event that the reason of suspension of the use is critical or continues to remain, the Company may terminate·rescind the service use agreement or restrict rejoining the membership. In such a case, the Company notifies the Member of it with the method specified in Article 7.
- The Company may charge fees incurred during the period of suspension of the Service due to the reason prescribed in this Article.
Article 16 (Suspension or termination of the Service by the Member)
- If the Member intends to suspend or terminate the service use agreement, such member shall notify the Company of it by using a procedure and method posted on the website of the Service. The Company suspends the Service according to the suspension schedule or terminates the service use agreement, on the date requested by the Member, under normal conditions. However, if there is remaining usage charges to be paid on the date that termination of the agreement is requested, the termination procedure can be processed after such Member completes payment of usage charges.
- If the Member intends to temporarily suspend the service use agreement, matters regarding acceptable suspension period, usage charges during the suspension period, and effectiveness of suspension, etc. shall follow instructions of the Company through posts on the website, an email, by phone, etc.
Article 17 (Termination of the service use agreement by the Company at its discretion)
- The Company may terminate the service use agreement without consultation with the Member if falling under any of following cases:
- Where the Member fails to take an appropriate measure with regard to unpaid usage charges, within the period prescribed in the service use agreement;
- Where information filled in the application of service use turns out to be false;
- Where the Member causes damages to the Company by interfering with operation of the Service of the Company on purpose;
- Where the Member violates obligations of the Member specified in Article 22 and fails to take an appropriate measure for the request by the Company to resolve the violation for a considerable period of time;
- Where the Member fails to take an appropriate measure for the request by the Company to resolve the matter under Article 15 for a considerable amount of time;
- Where the purpose and method of use of the Service of the Member violates domestic and international laws so that a government agency requests termination of the use of the Service through a legitimate procedure;
- Where it is necessary to delete information for protection of personal information of the ‘Member’ who has not used the Service for 1 year, in accordance with the ‘Period of Validity of Personal Information’
- In the case of above-mentioned Subparagraph a, Subparagraph b or Subparagraph d of Paragraph 1, the Company may request the Member for resolution of the issue within the specified period. Nevertheless, if the Member fails to take a necessary measure to resolve the issue, the Company may terminate the service use agreement immediately.
Chapter 3 Usage charges and Management
Article 18 (Usage charges for the Paid Service)
- Charges for the use of the Paid Service are largely divided into the flat rate plan and fixed-term rate plan, and in the case of an individual agreement, amounts can be quoted separately.
- The Company posts usage charges and modifications thereof on the website of the Service; provided, however, that in the event of the separate quote, the Company notifies the Member concerned of them in person.
- Unless there is a special reason, even if there is a change in the usage charges during the period of service use agreement, the changed usage charges do not retroactively apply to the entire period of the service use agreement.
Article 19 (Calculation and settlement of charges for the use of the Paid Service)
- The Paid Service is available to use from the time of payment of usage charges, and calculated and settled according to the charge plans as follows:
- For the flat rate plan, it is calculated and billed monthly. For example, if usage charges are paid on 17 , regular payment date will be 17 of each month and expiration date for use will be 16 of the following month on the basis of the payment date;
- For the fixed-term plan, it will conform to details posted on the website.
- In the event that the Member uses the Service with an individual agreement, the individual agreement shall prevail over this Article.
Article 20 (Termination fees)
- In the event that the service use agreement is terminated caused by the matter under Article 16 or Article 17 or other matters of the Member, the Member shall pay termination fees to the Company. The termination fees are calculated as follows:
- Termination fees if the agreement is terminated within the agreed agreement period = [No-contract monthly usage charges] x [Period of use] x [(Discount rate applied to the agreement of contracted period) – (Discount rate for the period of use)]
- Termination fees if agreement period is shortened within the agreed agreement period = [No-contract monthly usage charges] x [Period of use] x [(Discount rate for existing agreement period) - (Discount rate for new agreement period)]
- The Member may terminate the service use agreement without paying termination fees specified in the preceding paragraph, if falling under any of following cases:
- Where accumulated hours of a service failure exceed 72 hours in one month due to a reason attributable to the Company;
- Where a service failure that lasts 1 hour or longer occurs at least 5 times in one month due to a reason attributable to the Company
Article 21 (Payment and billing of usage charges) – in case of payment in advance
- The Member may use the Paid Service from the time of payment of usage charges.
- Payment methods of usage charges for the use of the Service are as follows:
- The types of the membership is a domestic (Korea) business person or public institution: Choose from a credit card, account transfer, payment-only virtual account
- The types of membership other than Subparagraph a: a credit card
- The Company bills usage charges on the basis of a registered payment method on the first day of period of using the Paid Service
- The Company may restrict the use of the Paid Service if there is any problem in payment of usage charges of the Member due to any of following cases:
- Where charging by using a registered payment method is unavailable due to expiration of a credit card or other reasons;
- Where the Member fails to pay charges despite the fact that usage charges have been billed
- With regard to Paragraph 4, the Company notifies the Member of it in a reasonable way in accordance with Article 7.
- In the event that the Member fails to pay usage charges within 7 days after notification pursuant to Paragraph 5, The Company terminates the agreement of the Paid Service in accordance with Article 15 and may delete any and all data stored for the use of the Paid Service by the Member.
Article 21 (Payment and billing of usage charges) – in case of deferred payment
- The Company issues a bill to the Member in the following month of the month in which usage charges are incurred, and the Member shall pay the amount billed on or before the date of payment specified by the Company in advance.
- Payment methods for the use of the Service are as follows:
- The types of the membership is a domestic (Korea) business person or public institution: Choose from a credit card, account transfer, payment-only virtual account
- The types of membership other than Subparagraph a: a credit card
- The Company sends a bill for service usage charges in advance in order for the Member to receive it at least 5 days before the date of payment of usage charges.
- In the event that the Member fails to pay usage charges before or on the date of payment, the Company notifies the Member of it by sending an email for notification of unpaid usage charges. Unpaid usage charges will be re-billed by adding additional charges (1.5% of unpaid amount monthly).
- In the event that the Member fails to pay usage charges by the end of the following month, the Company may terminate the Service with the procedure and method specified in the Terms and Conditions and posted on the website of the Service.
Article 22 (Responsibility of payment of usage charges)
The Member has responsibilities to pay service usage charges; provided, however, that in case the Member designates a person in charge of payment of usage charges, the Member and the person in charge of payment of usage charges have joint liability for payment of usage fees. In such a case, the Member is required to provide a form of joint guarantee and of confirmation of liability on which the person in charge of payment of usage charges writes his/her name and affixes the seal.
Article 23 (Disputing a bill)
- If the Member does not agree to the usage charges billed, the Member may formally file a dispute to the Company by sending an email.
- After receiving the formal dispute documents under Paragraph 1, the Company reviews and notifies the Member of the result within 7 business days. If the Company fails to notify the Member of the result related to above-mentioned disputing within the specified period, the Company will notify the Member of a reason of delay.
Article 22 (Correction of an error in usage charges)
- If there is any over payment in the usage charges paid by the Member, the Company returns such amount to the Member in the same way as the payment or in cash; provided, however, that if the Member agrees, the amount concerned will be deducted from the usage charges to be billed in the following month.
- If the Company undercharges the usage charges, it will be billed in the following month by being added in the usage charges of the following month.
Chapter 4 Obligations of Parties to the Agreement
Article 23 (Obligations of the Company)
- The Company shall exert its best endeavors to provide the Service requested by the Member in a stable and continuous manner.
- If a service disruption that causes inconvenience to normal operation of the Service occurs, the Company shall use its best efforts to repair or restore it and stably operate the Service, at the earlist.
- The Company shall deal with opinion or grievance submitted by the Member immediately or within the specified period and follow the procedures set by the Company.
- In order to smooth operation of the Company, the Company may collect and retain personal information of the Member in accordance with the Privacy Policy posted on the website of the Service. The Company does not provide a third party with personal information of the Member without consent of the Member; provided, however, that it may be an exception if provision of Member’s personal information is requested for the purpose of investigation, etc. with a warrant issued by a court or other judicial branches, etc. in accordance with applicable laws and regulations,
- The Company does not access or process Member’s information in relation to the Service for the purposes other than the purpose in these Terms and Conditions; provided, however, that the Company may access to Member’s information and identify details if the access is required for smooth provision of the Service including dealing with disruption, protection of information of the Member, etc.
- The Company obtains consent of the Member if processing of data including deletion, modification, etc. is required for smooth provision of the Service with regard to information of the Member identified in accordance with Paragraph 5; provided, however, that the Company may suspend the use of the Service of the Member concerned despite absence or denial of consent of the Member if it interferes with operation of the Service by the Company or the use of the Service by other Members and the procedures are as specified in Paragraph 2 of Article 15 et seq.
Article 24 (Obligations of the Member)
- The Member shall pay usage charges on or before the specified payment date.
- The Member shall not interfere with operation of the Service by the Company or the use of the Service by other Members or infringe rights of a third party. In relation thereto, the Company may create and operate a menu on the website of the Service that allows the Member to inform the Company of illegal acts, etc. of Members or report such acts, etc. to the Company.
- The Member shall not use the website or board operated through the Service for the purpose of distributing, posting, linking obscene, illegal, harmful, illegal gambling information, etc. and shall not do any deed that is illegal under laws. Moreover, the Member shall assume any and all responsibilities such as possession∙management, etc. with regard to information of the Member including services and information, etc. handled in the course of using the Service by the Member.
- The Member shall protect personal information of a third party by complying with applicable laws and regulations. The Company is not responsible for results or damages arising out of leakage of personal information of a third party by the Member unless there is intention·gross negligence of the Company.
- If the Member causes damages to other Members or a third party by distributing or sending illegal software or spam mails through the Service, the Company does not assume any responsibilities therefor, and the Member concerned shall indemnify and hold the Company harmless from and against any and all obligations, losses, damages, lawsuits against the Company, etc.
- The Company shall not post or send data containing software viruses that interfere with or destroy the Service, computer code, files or stable operation of a program
- The Company has obligations to comply with applicable laws, these Terms and Conditions, guidelines and precautions specified on the website of the Service and in instructions of the Company. The Member shall not do any deed that interferes with business of the Company.
- The Member is not allowed to resell or re-lease the Service to a third party without consent of the Company.
Chapter 5 Compensation and Other Provisions
Article 25 (Compensation for damage)
- In the event that damages are caused to the User due to intention or gross negligence of the Company, the Company compensates only actual damages. However, the Company is not liable for damages caused to the User in relation to the use of the free Service provided by the Company.
- If the Member causes any damage to the Company and a third party due to an act in violation of a provision in these Terms and Conditions, the Member shall compensate the damage.
- The Company is not liable for compensation for damages if damages caused to the Member are resulted from a reason attributable to another Member (including both the individual Member and corporation Member).
Article 26 (Limitation of liability)
- Notwithstanding other provisions, if falling under any of following cases, the Company is not liable for any losses or damages incurred in relation thereto.
- Where any losses or damages are caused by force majeure such as natural disaster or war, etc.;
- Where any losses or damages are caused by intention (including willful misconduct), omission or negligence of the Member;
- Disruption in a communication service provided by a service provider other than the Company;
- Except the case that the Service is suspended due to intention or gross negligence of the Company, the case that the Service is suspended after prior notification due to an inevitable circumstance such as diagnosis of the Service;
- Where the Company suspends the Service to conduct a regular inspection that is previously notified in accordance with Article 9;
- Where the use of the Member exceeds the scope of the Service defined in the service use agreement;
- Where damages are caused to the Member itself or a third party due to incorrectness, unlawfulness, etc. of information posted in the Service by the Member;
- Where the Service is suspended due to national emergency, nationwide network failure or other force majeure equivalent thereto;
- Where the Service is suspended in order to prevent spread of an accident occurred in the information system of the Member;
- Where disruption in the Service occurs due to illegal infringement from the outside despite protection measures taken by the Company in accordance with applicable laws
- To the maximum extent permitted by applicable laws, the Service is provided “AS IS”, within the “VALID” scope, without any express, implied or statutory warranties. The Company provides no warranties or guarantees, whether implied, express, or otherwise, including, but not limited to warranties of conditions, quality, durability, competency, reliability, merchantability, fitness for a particular purpose, non-infringement, smooth services, prevention of errors, prevention of harmful factors, security, functions, prevention of data damages or losses.
Article 27 (Governing law and jurisdiction)
- The terms and conditions are subject to Korean laws regardless of conflict of laws principles and seats of the Members
- Any lawsuits in relation to disputes arising between the Company and User shall be on the basis of the domicile of the User at the time of instituting a lawsuit, and if the domicile is unknown, the district court having jurisdiction of temporary domicile shall be the competent court; provided, however, that if domicile or temporary domicile of the User is not clear at the time of instituting a lawsuit, the competent court shall be determined in accordance with the Civil Procedure Act.
- Notwithstanding the foregoing, for the User whose domicile or temporary domicile is in a foreign country, the Seoul Central District Court shall be the competent court for lawsuits in relation to disputes against the Company.
Article 28 (Severability)
In case any provision is determined by a court or competent tribunal to be invalid or unenforceable, the remaining provisions shall not in any way be affected thereby and shall continue to be valid and enforceable.
Article 29 (Non-waiver)
The failure of the Company to exercise rights or to take measures, in relation to violation of terms and conditions by the Member, shall not constitute a Company’s waiver of any of rights under terms and conditions and exercise thereof with regard to a subsequent act occurred as a result or similarly.
Article 30 (Language)
Any and all means of communication for posts or notifications by the Company shall be in Korean. In such a case, the Company may provide English translation version in addition to the Korean version for the convenience of the Member. However, in case that the Company provides, posts, notifies English translation version of these Terms and Conditions, if there is any discrepancy between the Korean version and English translation version, the Korean version shall prevail. Despite thereof, the Member may choose Korean or English as a means of communication with the Company.
Addenda
These Terms and Conditions take effect on August 31, 2023 (For previous terms and conditions, please see below.)