Chapter Ⅰ. General
Article 1. PURPOSE OF TERMS
1.1. The purpose of these terms of service (the “Terms”) is to stipulate the terms and conditions of use, rights, obligations, and responsibilities of the user and/or member (hereinafter “You or you”) concerning the web and/or application services provided and operated by Chilloen Inc. (the “Company”) including a background music creation and online transaction service (the “Services”) in using this Services.
1.2. By using the Services provided by the Company, You acknowledge that you have read and understood the Terms and agree to all provisions herein.
Article 2. Definition
The definitions of terms used in the Terms are as follows:
2.1. User: refers to members and non-members who use KEENEAT Services.
2.2. Member: refers to a user who is given an account to use the Company's Services after registering and/or signing up as a member.
2.3. Paid member: refers to a member who uses paid Services and/or a paid membership plan.
2.4. Services use agreement (the “Agreement”): refers to the contract entered into by the user or member with the Company to use the Services provided by the Company, and the Agreement shall be deemed to have been entered into when a user has completed membership registration.
2.5. Paid Services: refers to any Services that members must pay fees to use such Services according to the following categories:
2.5.1. Individual Member (Standard);
2.5.2. Individual Member (Pro);
2.5.3. Corporate Member
2.6. Free Services: refers to a free version provided by the Company when users sign up for membership.
2.7. Content: refers to all results that members or users can receive from the Company through the purchase process, such as sound sources and MIDI data for music that members or users can create or purchase through the Company's Services.
2.8. Derivative Work: refers to the result of secondary creative activities using content created or purchased by members or users through the Company’s Services.
2.9. Ownership: All rights to the use of content.
2.10. Stock music (library music) service: refers to a service that provides music that can be used for commercial or non-commercial purposes by obtaining the right to use music in the form of individual purchases, subscriptions, etc.
2.11. Learning data: refers to data needed to develop or advance separate software, and is a general term for data used to learn AI models such as machine learning and deep learning.
2.12. Regular payment: refers to making regular payments with a certain amount through the payment method provided by the Company; it has the same meaning as subscription and can be graded in the following levels depending on each payment method:
2.12.1. Individual Member (Free): membership registration status before subscription of a paid Services;
2.12.3. Individual Member (Standard);
2.12.4. Individual Member (Pro) : Purchase of additional credits (Pro +) can only be made by individual members (Pro). Upon purchase, the individual member (Pro) and the membership level will remain the same
2.12.5. Corporate Member
2.13. Credit: refers to an online means of purchasing music from the music market and to compose music from the keeneat, when paying for the paid Services provided by the Company, and is provided based on the account registered with the Company.
2.14. Gift: refers to the act of transferring all rights to music owned by a user or member within the Services to a third party.
Article 3. Effectiveness, Change of Terms and Other Rules
3.1. The Company may make changes to the Terms from time to time.
3.2. The Terms shall take effect in accordance with Article 4 of the Terms and the Company shall allow you to access and review the Terms at any time.
3.3. If the Company revises any part of the Terms to the extent that it does not violate relevant laws and regulations, the Company shall notify you of the date of application and the reason for the revision by e-mail, etc., 7 days prior to the date of application of the changed terms and conditions, thereby confirming the member's consent and application. The changed terms and conditions will be deemed effective immediately.
3.4. When changing the Terms, the date of application and the reason for the change shall be disclosed and notified 7 days prior to the date of application via an email or any applicable communication method, thereby confirming your consent for the application and the changed terms and conditions shall be deemed effective immediately; Provided, however, that in cases where changing the Terms would be unfavorable to you, it shall be notified 30 days before the effective date, and you are individually notified by e-mail or text message (SNS).
3.5. You acknowledge and agree that if it is difficult to individually notify you because you have not specified or changed your contact information, it is considered that you have been notified of the change of the Terms by giving public notice on the website.
3.6. Even though the Company has notified the change of the Terms and specified your right of refusal to accept the change of Terms if you do not express your intention to refuse to the change of the Terms by the effective date of the Terms, it is deemed that you have agreed to the change of the Terms. In addition, you acknowledge and agree that if you use the Services after the date on which the Terms have changed, the Company will treat your use as acceptance of the updated Terms.
3.7. The Company shall not be responsible for any damage resulting from your failure to recognize information about changed Terms notified by the Company.
3.8. If necessary for the maintenance of the Services and the protection of your rights, the Company may establish a separate operating policy or rules related to the use of the Services and announce it by the method set forth in Article 7, and you must check and be in compliance with such new operating policy or rules established by the Company.
3.9. Matters or interpretations not specified in the Terms shall be governed by relevant laws and regulations such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Act on Consumer Protection of Electronic Commerce, etc., and the other service-related policies or rules established by the Company.
3.10. If the Member does not agree to the changed Terms, the Member may stop using the Service and terminate the agreement with KEENEAT.
Article 4. Signing for Membership and Formation of Contract
4.1. To sign up for membership and use the Services, you must first agree to the Terms. You may not register for, access, and/or use (collectively the "Use") the Service if you do not accept the Terms. By signing up for membership of the Services, you are deemed to have entered into a service agreement (the “Agreement”) with the Company concerning the Services provided by the Company.
4.2. You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by the Company in the user interface for any Services of the Company.
4.3. The Agreement becomes effective immediately when the Company approves the membership application for the Services, and at the same time, you are deemed to have agreed to the Terms and the Privacy Policy of the Company.
4.4. The Company may classify members into several categories by level and differentiate the level and scope of use of the Service for each category.
4.5. You may apply for the membership services using the following or similar procedures provided by the Company where the Company shall provide relevant information so that you can accurately understand each matter and transact without mistakes or misunderstandings.
4.5.1. To check and select concerning the paid Services;
4.5.2. To select a payment method and enter payment information;
4.5.3. To confirm entering into the Agreement for the use of the paid Services or give consent to the Company’s request for confirmation
4.6. The Company may cancel the Agreement or reject the application for membership that falls under any of the following:
4.6.1. If the user who applied for membership has ever been disqualified from his or her membership under the process herein;
4.6.2. If you apply for membership by using another's name illegally;
4.6.3. If false information is provided when applying for membership, or information requested by the Company is not fully and accurately provided;
4.6.4. If you apply for membership in violation of all provisions stipulated when applying for membership;
4.6.5. If the applicant is under 14 years of age as of the application date;
4.6.6. If you engage in an act prohibited by the laws, regulations, or the Terms or contrary to public order or morals in relation to the use of the Services;
4.6.7. If it is judged that registering as a member will significantly disrupt the Company technically;
4.6.8. If any payment for the use of the Service is made by unauthorized use or theft of a third party's smart device, wired/wireless phone, bank account, etc.;
4.6.9. In case of force majeure such as natural disaster or national emergency, etc.;
4.6.10. In case of repeatedly withdrawing and re-registering as a member to use the free benefits or experience services provided by the Company upon first subscription after registering as a member;
4.6.11. In other cases where the Company reasonably deems it necessary.
4.7 If there is a change in the information registered at the time of membership registration, you must immediately notify the Company of such change by modifying the member information. The Company is not responsible for any damages suffered by you due to failures or delays in making changes.
Article 5. Member’s Account
5.1. The Company grants the paid or free account of members who have entered into the Agreement the right to use the Services within the scope permitted by the Terms.
5.2. You may request a withdrawal from the Company at any time, and the Company shall process the membership withdrawal 30 days after receiving the withdrawal request; provided, however, that if you reconnect during that period, your withdrawal request shall be automatically canceled.
5.3. If the Agreement is terminated due to your withdrawal or disqualification from your membership status, the Company may delete your member information and all other information related to you to maintain a better service environment, etc., except as otherwise provided in the Terms and applicable laws and regulations. Accordingly, you must separately back up or save information that needs to be stored before the end of the Agreement, and the Company shall not be responsible for such deletion of any and all information related to you after the end of the Agreement.
5.4. You must provide accurate and complete information when registering as a member, and the Company may manage and process the member's personal information in accordance with relevant laws and regulations and the Company’s privacy policy.
5.5. You may not use another member’s account without prior permission, and in cases of stealing other member’s information or registering false information, you may not claim any of your rights even if security issues or infringement of your rights hereunder arise, and may be subject to civil liability for damages and/or criminal punishment in accordance with relevant laws and regulations.
5.6. The Company may delete the account of a member who has entered into the Agreement by stealing another person's information (email, mobile phone number, etc.,), and such member shall be solely responsible for his or her wrongful acts and/or violation of the Agreement.
5.7. When the Company terminates and/or cancels a member's account, the Company shall notify the member and allow the member to explain at least 30 days before the proposed termination and/or cancellation date.
5.8. Any acts, including the following, that are supposed to restrict or hinder another member's use of the Services shall be strictly prohibited, and if one of such acts occurs, the member's access to the Services may be suspended without notice;
5.8.1. If the user's email account contains personally identifiable information and therefore may infringe upon the privacy of others;
5.8.2. If the user's email account contains information that may cause disgust in others or create social anxiety;
5.8.3. If the user's email account uses the same name as the Company, the Company's Services, or the service operator, or if there is a risk of misidentification;
5.8.4. If there are reasonable grounds that the user's email account may cause other legal problems, social disputes, etc.;
5.8.5. If false information is registered when applying for membership
5.8.6. When one same account ID is used by multiple users simultaneously;
5.8.7. If a member threatens the order of e-commerce, such as interfering with another user’s use of the Services or stealing another person’s information;
5.8.8. When inappropriately using the Services by illegally acquiring another person's personal information or financial information and using it to pay service fees without the person's consent;
5.8.9. If you use the content provided by the Company to commit an act that is prohibited by laws and regulations and/or the Terms or is against public order and morals;
5.8.10. If you continuously engage in acts that are contrary to the Agreement;
5.8.11. If you overload the Services operating site by downloading using software, bots, scripts, automation tools, etc.
5.9. Since the member shall be solely responsible for any factual and legal disputes arising from activities occurring in the member's account and the Company does not bear any responsibility for such disputes, members must keep their account password safe.
5.10. Members may not allow any third party to access or use the Service with the member's unique username, password, or other security code, and members must immediately notify the Company if any security breach or unauthorized use of their account occurs.
5.11. All management and responsibility for the member's account and password rests with the member, and the Company shall not be responsible for any infringements or illegal use by a third party due to the member's negligence in using and managing the member's email account or password.
5.12. The Company shall not be liable for any losses resulting from unauthorized use of the account and recommends that members set a strong password for their account.
Article 6. Personal Information Protection
6.1. The Company must protect member information through its Privacy Policy in accordance with applicable laws and regulations.
6.2. You must be careful about leaks of information regarding your account such as email and password, and the Company shall not be responsible for such leaks of information due to your negligence and/or fault.
6.3. When you provide information to the Company in accordance with the Terms, you must provide truthful information, and the Company shall not be liable for any disadvantages incurred to you by providing false information.
6.4. The Company may provide members’ personal information to third parties to the extent permitted by applicable laws and regulations including the following:
6.4.1. If the member consents in advance;
6.4.2. In cases where it is processed into a form that cannot identify a specific individual and provided to an external institution or organization, when necessary for statistical preparation, marketing analysis, or market research;
6.4.3. In the event of a transfer of business or merger and acquisitions, etc. of the Company; provided, however, that if the transfer of a member's personal information is necessary due to reasons related to the transfer of business, etc., the Company shall notify members of relevant facts in advance in accordance with the procedures and methods stipulated in relevant laws and regulations, and members will be given the right to withdraw consent to the transfer of personal information.
6.4.4. When there is a request from the investigation agency in accordance with the procedures and methods stipulated in the laws and regulations for investigation, or in accordance with other provisions of relevant laws and regulations.
Article 7. Notification to Members
7.1. If there is anything that needs to be notified to members, individual notification may be sent through the contact information registered by the member, such as the email address or mobile phone number, or through pop-up or notification messages on the application; provide, however, that if individual notification is difficult for the reason that a member has not entered or changed contact information, deleted or has not used the application, etc., individual notification may be replaced by posting on the Company’s or the Services’ bulletin board for more than 7 days.
7.2. In the case of notice to all members, the Company may replace the individual notice specified in the preceding Paragraph by posting the notice on the Company's bulletin board for more than 7 days; provided, however, that matters that have a significant impact on the member's transactions shall be notified in the same manner as in the preceding Paragraph.
7.3. In the case of essential information related to the use of the Services, such as payment-related information, policy changes, failures, and information notices, shall be sent regardless of whether you agree or not.
7.4. When making an announcement or individual notice under this Article stating that if a member does not express his/her intention to refuse by a certain date, such member shall be deemed to have agreed to the announcement or individual notice, the Company may assume that the member has agreed to the announcement or individual notice as of a specific date if the member does not clearly express his or her intention to reject it.
Article 8. Obligations of Company
8.1. The Company does its best to provide continuous and stable Services.
8.2. The Company announces and complies with its Privacy Policy to protect personal information.
8.3. If the Company determines that the opinions, complaints, and suggestions presented by users or members (collectively, “User requests”) are justified, the Company must reflect and improve such User requests in the Services through appropriate procedures and in the event t that immediate reflection or improvement is not possible, the Company shall notify users or members of the reason and processing schedule.
8.4. If a temporary suspension of the Services is necessary for scheduled work to improve or supplement the Services, the Company shall notify members or users in advance in an appropriate manner provided in the Terms.
8.5. The Company will not send commercial marketing information for commercial purposes to members who have clearly expressed their intention to refuse receipt of such commercial information.
8.6. The Company shall comply with applicable laws and regulations related to the operation and maintenance of the Services, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Communications Secrets Protection Act, etc.
Article 9. Obligations of Members
9.1. When applying for membership or changing member information, members must fill out all information based on facts. If it is discovered that false information or another person's information has been used, members cannot claim any rights related to the use of the Service.
9.2. Members must comply with the matters stipulated in the Terms, all other rules established by the Company, matters announced by the Company, and relevant laws and regulations, and shall not engage in any acts that interfere with the Company's business, damage the Company's reputation, or cause harm to others. Members are obligated to indemnify the Company for any and all damages incurred from such act.
9.3. The Member is responsible for all consequences and problems resulting from negligence in managing the member ID and password.
9.4. If a member becomes aware that his or her ID or password has been stolen or is being used by a third party, he or she must immediately notify the Company and follow any instructions provided by the Company. The Company shall not be responsible for any disadvantages arising from a member's failure to notify the fact that his or her ID has been stolen, etc., or by not following the company's instructions even if notified.
9.5. Members must immediately update their registration information if any changes occur. If the registration information provided by the member or the updated registration information is inaccurate, or if the member commits an act specified in Paragraph 7 of this Article, the Company may terminate the Agreement, or suspend or limit the member's use of the Services under Article 5 of the Terms.
9.6. Users must not take any action that infringes on the intellectual property rights of the Company and third parties, including its affiliates, contributors (CPs), providers, and individual users.
9.7. When using the Services, you must not engage in any of the following acts:
9.7.1. Sharing your ID or password with others or using another member's ID or password illegally;
9.7.2. Renting, transferring, delegating, or selling all or part of paid Services rights to another person;
9.7.3. Stealing or illegally using third-party information;
9.7.4. Misrepresenting the Company and/or Company's management;
9.7.5. An act that damages the reputation of others or puts them at a disadvantage;
9.7.6. An act that is allegedly linked to criminal activity;
9.7.7. Using illegal methods to provide the Services, such as using malicious programs and bugs or exploiting system vulnerabilities;
9.7.8. Registering computer virus infection material;
9.7.9. Abnormal use of the Services, such as excessive traffic, multiple connections, or frequent changes to the access IP within a short period of time;
9.7.10. The act of storing data beyond the capacity purchased or provided;
9.7.11. Any act that violates relevant laws and regulations;
9.7.12. Any act that interferes with or delays the normal operation of other services of the Company.
9.8. Problems arising concerning the copyright of original work provided by the Services shall be the responsibility of the Company, and problems arising concerning derivative work created using the information provided by the Services are the responsibility of the member.
9.9. You allow the Company to post content created using the Services on the Company's website and social media to share examples of the experience of the use of the Services.
9.10. You allow the Company to store the data entered in the process of using the Services to improve service quality and performance and upgrade and optimizing the Services for users.
9.11. You may not engage in business activities using the Services without prior approval from the Company, and you are responsible for the results of such business activities.
9.12. If you engage in business activities using the Company's Services without the Company's prior approval and cause damage to the Company or its Services as a result of the results or during the business activities, the Company may restrict your use of the Service, take action through legal procedures, and request compensation for damages.
9.13. If you lose, damage, or cause a malfunction of the Company's equipment, you must fully bear the cost of supplementation, repair, or other work, as well as the Company's resulting damages.
9.14. If you commit an act that falls under Article 11 of the Terms, the Company may impose sanctions, including restrictions on your use of the Services and applicable legal actions.
9.15. You expressly agree that any feedback provided by the Company or its agents regarding any questions that may arise regarding the Terms shall be used only to interpret the Terms and not as legal advice. The Company cannot provide legal advice to you and expressly disclaims any liability of any kind related to any feedback provided by the Company or its agents.
9.16. You must disclose the source of content created through the Company's Services and derivative work using the content; provided, however, that all copyrights for content and/or work created through the Services and derivative work created therefrom are transferred to you.
Article 10. Time of Services
10.1. In principle, the Services are available 24 hours a day, 365 days a year; provided, however, that the Services may be temporarily suspended for business or technical reasons, such as regular inspection, and for operational purposes, and the Services may be suspended during a period determined by the Company, in which cases, the Company, in principle, announces the event of temporary suspension of the Services and the period of suspension in advance, but if there are urgent or unavoidable circumstances that prevent it from being announced in advance, the Company shall announce it immediately after such event.
10.2. If normal service provision is impossible due to a national emergency, power outage, equipment failure, or service overload, the Company may notify you of the reason and period in advance or after the event and restrict or suspend all or part of the Services.
10.3. The Company may divide the Services into specific ranges and separately designate available times for each range, in which case the contents of such division and schedule shall be announced in advance.
Article 11. Provision of Services
11.1. The Paid Services shall begin from the time the Company approves the member's application for use. If the Services cannot be started and used due to the Company's technical reasons or other circumstances, prior notice shall be given to the member in accordance with Article 3.
11.2. If there are changes in the content production and distribution environment, the Company may change the content to be provided under future contracts and/or agreements. Changes and the date of provision will be specified and announced 7 days prior to the date of provision; provided, however, that if there are unavoidable circumstances or circumstances that the company cannot reasonably predict, the above notice may be made thereafter.
11.3. The details of the Services are explained on each service page.
11.4. Regarding matters not specified in the Terms in relation to the paid Services, you must be familiar with the information provided by the Company through each Services purchase page or help desk, etc. to ensure that you may transact without error or mistake.
11.5. When you access the Services through a wireless network from a mobile phone, a PC with a built-in or equipped wireless modem, etc., or use the Services through a service application mounted on a device connected to a wireless network, separate charges of data use are incurred depending on the data use plan concluded between you and the relevant telecommunication company to which you subscribe, in which case, the data use fees incurred are billed, charged, and/or received according to the data plan rate agreed on between you and the telecommunication company, and the Company is not responsible for any charges for such data use.
11.6. You may gift (transfer) any of your rights to music you have already purchased to a third party. If the third party who is supposed to receive the gift does not accept it within 14 days, the gift is automatically canceled and returned to you. In addition, you may cancel your gift request before the third party accepts it. The third party receiving the gift must be a member of the Services (KEENEAT).
Article 12. Restrictions on Services Use
12.1. If your content falls within any of the following specified below, the Company may delete your content and claim compensation for damages, if any, without prior notice.
12.2. If your account has been terminated or canceled for the reasons set forth in Paragraph 5 of Article 4 must obtain prior approval from the Company before creating another account. If another account is created without obtaining approval from the Company, the Company may permanently block the Services against you.
12.3. The Company has the right to monitor disputes between users or members.
12.4. The Company shall not be responsible for disputes between users or members, and responsibility for such disputes shall be borne by the users or members themselves.
12.5. The Company may restrict your use of the Services if there is a request for correction from a public institution such as the Korea Communications Commission.
12.6. You must comply with the relevant laws and regulations, the provisions of the Terms, guidelines, services usage guides, notices announced in relation to the Services, and matters notified by the Company, etc., and may not engage in any other acts that interfere with the Company's business and any of the following items:
12.6.1. Registering false information when registering or changing member information;
12.6.2. Attempting to sign up abnormally or interfering with Services provision during the process of participating in a gift event, etc.;
12.6.3. Collecting, storing, disclosing, or stealing another person's information and using it illegally;
12.6.4. Transferring or gifting the right to use the Services or other contractual status to another person.
12.6.5. Using the Services through abnormal channels, such as using illegal programs that may nullify technical protection measures in violation of relevant copyright laws and regulations;
12.6.6. Acts such as copying, modifying, distributing, selling, transferring, renting, or allowing others to use the Services, content, or part of the software included therein without the consent of the Company, reverse engineering the software, or attempting to extract the source code of the Services by copying, disassembling, imitating or otherwise modifying such code;
12.6.7. Misrepresenting the Company or the Company's operator, employees, or stealing related information;
12.6.8. Acts that change or transmit information posted by the Company on the Services;
12.6.9. Acts that infringe on the intellectual property rights, such as copyright, trade secret, and patent rights, of the Company and other third parties;
12.6.10. Distributing false information related to the Company or its Services or using the Services abnormally for one's property gain;
12.6.11. Harassing, threatening, or defaming the Company, other members, or other third parties;
12.6.12. Disclosing or posting obscene, violent messages, or other information that is against public order and morals;
12.6.13. Interfering with work through profanity, verbal abuse, sexual harassment, or repeated complaints when inquiring at the customer center;
12.6.14. Illegal acts that violate current laws and regulations.
12.7. The Company transfers all ownership to the content created or purchased by you through the Services and also allows the creation of derivative work using the content; provided, however, that you shall be prohibited from engaging in any of the following acts that violate the purpose of using this Services without the Company's prior consent, and if any damage occurs to the Company as a result of the violation, indemnification for damages may be claimed:
12.7.1. Unauthorized use of content provided through the use of the Services for SW development activities to use such content as learning data;
12.7.2. Providing music-related third-party sound source licenses to platforms such as stock music and/or library music Services
12.7.3. Secondary sales activities using the provided products or Services (for development of other services, etc.)
12.7.4. Any other actions that cause damage to the Company.
12.7.5. Any other actions using this Services that are not under the purposes specified below:
12.7.4.1. Video production and/or creation;
12.7.4.2. Music and album production;
12.7.4.3. Producing music for non-profit purposes such as events, celebrations, etc.;
12.8. If you commit an act prohibited in the preceding Paragraph, the Company may take appropriate measures, including restricting the use of the Services, such as suspending he use of the Service or terminating the Agreement, or filing a report to an investigative agency, depending on the severity of the violation.
Article 13. Payment and Payment Method
13.1. The Company provides both free and paid Services, offering a free version (Free) and paid membership plans including Standard, Pro, and Enterprise. Detailed information on membership plans and the available features and services of each plan is provided on the Keeneat Membership Fees page (see: https://keeneat.com/membership).
13.2. Unless and until you upgrade to a paid plan, you will be able to use only the free version of the Services automatically when you sign up.
13.3. If you subscribe to one of the paid plans of the Services, you must pay the applicable fee at the time of subscription order.
13.4. The paid membership plan can be signed up for on a monthly basis, and each paid membership shall be valid only for one user account and cannot be shared with other users’ accounts.
13.5. For monthly membership plan fees, the membership will automatically renew and the subscribed membership plan fee will be charged every month until cancellation or termination of the membership plan is requested; the membership plan fee will be charged based on your last method of payment.
13.6. Members who have subscribed to a paid plan are deemed to have agreed to the terms below:
13.6.1. The Company may provide members with various information deemed necessary while using the Services through e-mail or wireless text messaging, and each member may refuse to receive information if he or she does not wish to do so; provided. however, that, regarding matters related to the member's use of the Services, such as significant policy changes in using the Services, such details may be notified to such member even if he or she has refused to receive information through e-mail, etc;
13.6.2. Members shall pay the subscribed membership plan fee through the payment system after receiving a bill from the relevant billing company. If the fee is not paid properly, the Company may restrict the member's use of the Services.
13.7. Members who have entered false information regarding the payment may not be legally protected and may be restricted from using the Services.
13.8. If any credit balance remains upon withdrawal of membership, all such credits will be forfeited to the extent permitted by applicable law and regulations and the Company shall not bear any responsibility for the recovery of such credits:
13.8.1. You may withdraw your application for membership withdrawal within 30 days of registering your account in the membership withdrawal queue. If you do not notify the Company that you wish to cancel your application for membership withdrawal, your account and information will be completely deleted and your account shall not be recoverable.
Article 14. Termination of Membership and Refund
14.1. Termination of membership means stopping the next regular payment scheduled monthly. When applying for termination, membership service benefits will be maintained until the next regular payment date and will be automatically canceled on the next regular payment date thereafter.
14.2. You may request payment cancellation (i.e. subscription withdrawal) from the Company within 7 days from the date of payment only if you have not used any of the Services and credits provided under the paid plan.
14.3. Payment cancellation takes effect when your intention to terminate by e-mail or contacting the customer service center messenger, etc. is received by the Company, and after receiving your expression of such intent, the Company shall reply to you without delay.
14.4. If there is a refund amount after you confirm the subscription withdrawal, termination, or cancellation of the paid membership Services, the Company will, in principle, request to suspend or cancel the payment to the billing company or its business operator for each payment method within 7 business days from the date of receiving your expression of intent. In principle, a refund will be made using the same payment method used by you; provided, however, that, in cases where the Company notifies members in advance and in each case below, the refund method and refundable period for each payment method may differ:
14.4.1. In the case of payment methods that require confirmation of receipt, such as credit card, within 7 business days from the date of confirmation of receipt;
14.4.2. In the case where the business operator for each payment method has established a deadline for suspension of payment or cancellation of payment in advance through an agreement with the Company and a request for a refund is made beyond the agreed deadline;
14.4.3. If there are any profits earned as a result of using a credit;
14.4.4. If you do not immediately provide the Company with the information or materials necessary to process a refund:
14.4.4.1. When requesting a cash refund, a copy of the applicant's account and ID is not submitted, or an account of another person is provided, etc.
14.4.5. In cases where there is a clear expression of intention from the member:
14.4.5.1. In accordance with the Content User Protection Guidelines, etc., the Company may provide a refund by deducting the incidental costs and fees borne or to be borne by the member.
14.5. When a refund is completed, you will not be able to use all the features and/or services provided by the membership plan.
Article 15. Overpayment or Erroneous Payment
15.1. If an overpayment occurs due to the Company's fault, the full amount of the overpayment will be refunded; provided, however, that, if an overpayment occurs due to the member’s fault, the cost incurred by the Company to refund the overpayment must be borne by the member within a reasonable extent, and the Company may refund the overpayment after deducting the cost:
15.1.1. When the Company or a member becomes aware of the occurrence of overpayment, the other party must be notified by the method suggested by the Terms, such as by phone or e-mail, etc.;
15.1.2. The Company requests the member to provide the information necessary for a refund including the member's name, proof of payment, phone number, bank account for refund, etc.;
15.1.3. The members shall provide the Company with the information necessary for the refund;
15.1.4. The Company processes the refund within 7 days from the date the member provides information. If there is a member's express intention, it will be offset or credited from the next payment.
Chapter 2. Supplemental Provisions
Article 16. Indemnification
16.1. You shall indemnify the Company, its services, providers, managers, employees, agents, or contractors against losses, damages (including the following), claims, or expenses incurred or suffered by the Company as a result of your breach of this Agreement in connection with your use of the content, account, or the Services. In the event of a perceived breach of this Agreement, you shall take reasonable action to minimize the damages arising from such breach, including but not limited to providing prompt notice of such breach to the Company:
16.1.1. Damages caused by illegal attempts or acts to access the Services;
16.1.2. Damages resulting from acts that are contrary to the Terms or that violate this Agreement;
16.1.3. Damages resulting from acts that violate the scope of use of the Terms specified by the Company;
16.1.4. Damages resulting from infringement of third-party rights, including privacy or intellectual property rights;
16.1.5. Any claims or damages arising from content posted or used by members or users.
Article 17. Limitation of Liability
17.1. To the maximum extent permitted by the applicable laws and regulations, the Company shall not be responsible for any loss or property damage arising from the following:
17.1.1. If the Services cannot be provided due to force majeure, such as war, incident, natural disaster, or similar national emergency;
17.1.2. In cases where the Company cannot provide the Services due to unavoidable reasons that are not attributable to the Company in light of the nature of telecommunication services, such as communication service failures or public communication line failures, or in case of temporary suspension of service provision due to unavoidable reasons such as repair, replacement, regular inspection, or construction of related facilities;
17.1.3. In case of service disruption, loss, or property damage due to reasons attributable to you;
17.1.4. In case of damages incurred to you due to reasons attributable to you such as loss or theft of your ID, password, mobile phone number, or negligence in the management of such information;
17.1.5. If you infringe on the rights of a third party and incur any loss or property damage while using the content or the Services provided by the Company beyond the scope of the Agreement;
17.1.6. If any loss or property damage occurs due to a dispute between users or between a user and a third party in respect of the Services, the Company has no obligation to intervene in the dispute, and unless the Company is at fault, the Company has no obligation to compensate for any damage resulting from such dispute;
17.1.7. In the case of damages incurred by you as a result of any delays or failure to perform the Services due to your computer error, internet access failure, or error or limitation of the mobile device terminal or operating system itself;
17.1.8. In the case of an end or error of third-party programs running on your computer or other devices, any file damage due to failure or error in the network environment, or file being stored incorrectly during upload;
17.1.9. In the case of damages such as user data loss, material and mental loss, business interruption, etc. arising from the inability to use the Services due to unavoidable reasons that are attributable to you such as service or communication failure, etc.;
17.1.10. In cases where any loss or property damage of any nature occurs due to your incorrect personal information and e-mail address;
17.1.11. In case of disruption in the use of the Services, loss or damage to your intention, negligence, or lack of knowledge concerning the use of the Services;
17.1.12. In cases where you fail to obtain or lose the profits expected by you in using the Services;
17.1.13. In case of any damages resulting from the reason that your account is suspended or archived files are deleted as a result of the expiration of the Agreement or long-term unused account,
17.1.14. If damage occurs due to the deletion of stored data according to Paragraph 3 of Article 5;
17.1.15. The Company shall not be responsible for any damages arising from the Services provided free of charge.
17.2. The Company shall not be responsible for any damage caused by neglecting the duty to check other relevant laws and regulations, these Terms, changes in operating policy, member notices, etc.
17.3. The Terms is the basic terms of the Agreement established between the Company and you. If necessary, the Company may determine and announce in advance the matters applicable to a specific service (the “Individual Terms). If you agree to the Individual Terms and use a specific service, the Individual Terms shall prevail.
Article 18. Proprietary Rights
18.1 The Member acknowledges and agrees that the Company (or the Company's licensors) own all legal rights, title, and interest in and to the Services, including any intellectual property rights that subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The Member further acknowledges that the Services may contain information that is designated confidential by the Company and that the Member shall not disclose such information without the Company's prior written consent.
18.2 Unless the Member has agreed otherwise in writing with the Company, nothing in the Terms gives the Member a right to use any of the Company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
18.3 If the Member has been given an explicit right to use any of these brand features in a separate written agreement with the Company, then the Member agrees that the use of such features shall comply with that agreement and any applicable provisions of the Terms.
18.4 Other than the limited license set forth herein, the Company acknowledges and agrees that it obtains no right, title, or interest from the Member (or the Member’s licensors) under these Terms in or to any Contents that the Member submits, posts, transmits or displays on, or through, the Services, including any intellectual property rights which subsist in that Contents (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless the Member has agreed otherwise in writing with the Company, the Member agrees that the Member is responsible for protecting and enforcing those rights and that the Company has no obligation to do so on the Member’s behalf.
18.5 The Member agrees that the Member shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
18.6 Unless the Member has been expressly authorized to do so in writing by the Company, the Member agrees that in using the Services, the Member will not use any trademark, service mark, trade name, or logo of any Company or organization in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
Article 19. License from Company
19.1 the Company gives the Member a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to the Member by the Company as part of the Services as provided to the Member by the Company (referred to as the "Software" below). This license is for the sole purpose of enabling the Member to use and enjoy the benefit of the Services as provided by the Company, in the manner permitted by the Terms.
19.2 The Member may not (and the Member may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless the Member has been specifically told that the Member may do so by the Company, in writing.
19.3 Unless the Company has given the Member specific written permission to do so, the Member may not assign (or grant a sub-license of) the Member’s rights to use the Software, grant a security interest in or over the Member’s rights to use the Software, or otherwise transfer any part of the Member’s rights to use the Software.
Article 20. Contents licence from Member
20.1 The Member retains copyright and any other rights the Member already holds in Contents which the Member submits, posts, or displays on or through, the Services. By submitting, posting, or displaying the Contents the Member gives the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Contents which the Member submits, posts or displays on or through, the Services. This license is for the sole purpose of enabling the Company to display, distribute, and promote the Services.
20.2 The Member agrees that this license includes a right for the Company to make such Contents available to other companies, organizations, or individuals with whom the Company has relationships for the provision of syndicated services, and to use such Contents in connection with the provision of those services.
20.3 The Member understands that the Company, in performing the required technical steps to provide the Services to the Company’s Members, may (a) transmit or distribute the Member’s Contents over various public networks and in various media; and (b) make such changes to the Member’s Contents as are necessary to conform and adapt the Contents to the technical requirements of connecting networks, devices, services or media. The Member agrees that this license shall permit the Company to take these actions.
20.4 The Member confirms and warrants to the Company that the Member has all the rights, power, and authority necessary to grant the above license.
Article 21. Provision of Information and Posting of Advertisements
21.1. The Company may provide you with various information, if deems it helpful in using the Service through notices, emails, text messages, etc. You may refuse to receive e-mails at any time, except for transaction-related information and responses to customer inquiries, etc. under relevant laws and regulations; the Company specifies how to refuse reception of such information.
21.2. You are deemed to have consented to the display of advertisements posted on the Company's Services while using the Services. The Company does not endorse any products or services offered or advertised by advertisers or third parties through the Services. If a problem arises between you and an advertiser, you and the advertiser must resolve it directly, and the Company does not take any responsibility in this regard.
Article 22. Disputes Resolution
22.1. The Company operates a customer center to resolve and process customer opinions or complaints raised by you
22.2. The Company makes priority efforts to process customer opinions or complaints raised by you, and if prompt processing is difficult, the Company will provide you with information such as the reason and a possible processing schedule.
22.3. If you request relief for damages in an e-commerce dispute that arises between the Company and you, the dispute may be subject to mediation by a dispute mediation agency commissioned by the Fair Trade Commission or the relevant local government.
Article 23. Jurisdiction and Governing Law
23.1. Any matters not specified in the Terms shall be governed and interpreted in accordance with relevant laws and regulations.
23.2. This Terms is governed by and construed in accordance with the laws of the Republic of Korea without regard to conflict of laws rules.
23.3. Any disputes related to these Terms that cannot be amicably resolved between the Parties shall be exclusively submitted to the competent court where the Company is located.
Additional Rules.
These Terms shall take effect from August 8, 2024.
